​NOTIFICATION OF RELIEF UNDER THE COVID-19 (TEMPORARY MEASURES) ACT 2020 AND ONGOING STATE COURTS PROCEEDINGS

Under the COVID-19 (Temporary Measures) Act 2020 (“the Act”), a party may serve a Notification for Relief if relief under the Act is sought for a scheduled contract that is covered by Part 2 of the Act.

If you qualify for relief, the other party may not commence or continue any court or arbitral proceedings against you in respect of the obligations covered under the Notification for Relief. The following procedures may be applicable to you if you have served or been served with a Notification of Relief.

 

1. Lodging a Memorandum of Notification for Relief with the State Courts
Where:
    (a) there are any pending court or arbitral proceedings in relation to the subject inability (as defined in section 5(1)(b) of the Act) at the time when you served the Notification for Relief; or
    (b) such proceedings are commenced after you have served the Notification for Relief,
you may lodge a Memorandum of Notification for Relief to the relevant court or arbitral tribunal for the purpose of obtaining a stay or dismissal of the proceedings.

For civil matters before a Magistrate’s Court or District Court, you may file the Memorandum of Notification for Relief in e-Litigation under cover of an “Other Hearing-related Request” to the applicable case. If you are represented by a lawyer, you may ask your lawyer to do the filing. If you are unrepresented, you may file the document at the LawNet / CrimsonLogic Service Bureau located at the Supreme Court. Please check for opening hours of the Service Bureau at www.crimsonlogic.com.

For matters before the Small Claims Tribunals, you may file the Memorandum of Notification for Relief by uploading it under “General Application” in the Community Justice Tribunal System (“CJTS”).

 

2. Withdrawal of the Notification for Relief previously lodged with the State Courts
If you had previously lodged a Memorandum of Notification for Relief to the court or arbitral tribunal, you must update the court or arbitral tribunal of the withdrawal of the Notification for Relief by lodging a Memorandum of Service of Withdrawal of Notification for Relief within 2 working days after serving the Notice of Withdrawal on the relevant parties.

For civil matters before a Magistrate’s Court or District Court, you may file the Memorandum of Service of Withdrawal of Notification for Relief in e-Litigation under cover of an “Other Hearing-related Request” to the applicable case. If you are represented by a lawyer, you may ask your lawyer to do the filing. If you are unrepresented, you may file the document at the LawNet / CrimsonLogic Service Bureau located at the Supreme Court. Please check for opening hours of the Service Bureau at www.crimsonlogic.com.

For matters before the Small Claims Tribunals, you may file the Memorandum of Service of Withdrawal of Notification for Relief by uploading it under “General Application” in the CJTS.

 

3. Filing a Notification of Status of Application for Determination with the State Courts
Where:
• You are an Applicant who has made an Application for an Assessor’s Determination
• There are pending court or arbitral proceedings in relation to the subject inability (as defined in section 5(1)(b) of the Act); and
• The Respondent or you have previously lodged a Memorandum of Notification for Relief with the court or arbitral tribunal,
you must submit a Notification of Status of Application for Determination to the court or arbitral tribunal within 2 working days of either of the two events:

(1) You have completed service of the Application for an Assessor’s Determination on the required parties; and
(2) The conclusion of proceedings before the Assessor, which is when:

      I. The Assessor has given a determination;
     II. The Assessor has dismissed the Application; or
    III. The Application is withdrawn.

For civil matters before a Magistrate’s Court or District Court, you may file the Notification of Status of Application for Determination in e-Litigation under cover of an “Other Hearing-related Request” to the applicable case. If you are represented by a lawyer, you may ask your lawyer to do the filing. If you are unrepresented, you may file the document at the LawNet / CrimsonLogic Service Bureau located at the Supreme Court. Please check for opening hours of the Service Bureau at www.crimsonlogic.com.

For matters before the Small Claims Tribunals, you may file the Notification of Status of Application for Determination by uploading it under “General Application” in the CJTS.

Last updated on: 21/4/2020 2:13 PM
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