How to file an Originating Motion in the Supreme Court of Victoria
An Originating Motion starts a Victorian Supreme Court proceeding for declaratory, statutory, or non-factual relief. Draft it using Form 5E under the Supreme Court (General Civil Procedure) Rules 2015 (VIC), file via RedCrest, support it with an affidavit, and serve the respondent. Use it where there is no substantial dispute of fact.
The framework
Supreme Court Act 1986 (VIC); Civil Procedure Act 2010 (VIC); Supreme Court (General Civil Procedure) Rules 2015 (VIC) — Order 4 (proceedings by Originating Motion), Order 5 (how commenced), Order 6 (service), Order 43 (affidavits).
The process
Confirm Originating Motion is the right form
Order 4.04 of the 2015 Rules requires an Originating Motion where relief is sought without substantial factual dispute — declarations, statutory review, construction, trust directions, corporations orders.
Identify jurisdictional basis
State the statutory or inherent jurisdiction (for example, section 8 of the Supreme Court Act 1986 (VIC), Part 2 of the Trustee Act 1958 (VIC), or the Corporations Act 2001 (Cth)).
Draft Form 5E
Prepare Originating Motion Form 5E under the 2015 Rules. State the relief precisely, list respondents, and identify any proposed return date.
Prepare supporting affidavit
Every Originating Motion must be supported by affidavit evidence under Order 43. The affidavit must annex relevant documents and set out material facts.
Certify proper basis
Section 42 of the Civil Procedure Act 2010 (VIC) requires certification that each allegation has a proper basis. File the certification alongside the Originating Motion.
File via RedCrest
Lodge electronically via RedCrest, the Supreme Court of Victoria e-filing platform, and pay the filing fee at the applicable party tier.
Serve respondents
Serve under Order 6 of the 2015 Rules — personal service on individuals, registered office for corporations. Order 7 governs overseas service.
First return and directions
On the return date the Judge in Charge of the relevant list gives directions — often for exchange of affidavits, cross-examination, and a final hearing date.
Exchange evidence
File and serve reply affidavits within the ordered timetable. Cross-examination of deponents is permitted by leave under Order 40.
Hearing, judgment, appeal
Most Originating Motions are heard on affidavit evidence with limited oral evidence. Appeal is to the Court of Appeal. Costs generally follow the event.
Forms and templates
- Originating Motion (Form 5E) — Supreme Court (General Civil Procedure) Rules 2015
- Affidavit (Form 43A)
Common mistakes
- Using an Originating Motion where there is substantial factual dispute (Writ required under Order 4.01)
- Failing to support the Motion with proper affidavit evidence
- Omitting the section 42 proper basis certification
- Naming incorrect or insufficient respondents
- Pleading the relief vaguely — Order 4 requires precise formulation
Get this process right with Quillio
Quillio can draft a Form 5E Originating Motion, prepare the supporting affidavit skeleton, and verify proper basis certification under section 42 CPA 2010 (VIC). See /practice-areas/litigation-lawyers.
General information only, not legal advice. Originating Motions engage complex procedural and substantive rules. Engage Victorian counsel.
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