What types of files can be uploaded to CMS Portal?
The portal currently accepts PDFs. Other formats will need to be converted to PDF prior to uploading.
Is it possible to download documents that have been filed by the plaintiff/ deffendant?
Any Document that is viewable from the portal is viewable to any party who has access to the case.
Will court order be available for download?
Yes, a Notice of Order is available to download. CMS Portal users also have the functionality to view orders via the Orders tab on the cases they have access to.
What forms can be filed through CMS Portal?
Most civil jurisdiction forms can be filed through the portal. For an extensive list, please see our CMS Portal Forms List on the Forms page.
Do I continue to file through the Electronic Filing Appearance System (EFAS)?
Not for civil matters. For other matters, you can continue to use EFAS [https://www.mcv.vic.gov.au/efas-daily-court-list] to file an appearance, search and track cases.
CMS Portal will replace the civil components of EFAS and court appearances will need to be entered manually as they are now. Note users will not need to log into the portal to search and track cases, using the 'hearing search' function.
What happens to Electronic Filing Appearance System (EFAS) with the introduction of CMS Portal?
You can continue to use EFAS to track cases and file appearances for non-civil matters. All civil matters will be done through CMS Portal.
What payment methods are available?
CMS Portal currently accepts credit and debit cards. All users will be able to add their own credit card details and organisation administrators will be able to save business credit card details for all users within their organisation. See the 'Navigate my account screen' page for further details.
What is the refund process for an application that rejected?
CMS portal will automatically submit a efund on your behalf, as happened with eDocs. Th time this takes will vary but should be faster.
Will there be pre-set options such as pleadings?
Does a Statement of Claim need to be submittd when filing a complaint?
Yes, If later you need to make amendments, you can file an amended document.
Will it be possible to attach a statement of claim?
No. This will need to be copied and pasted into the relevant field. The system generates a document from the information provided in each field. The system generates a document from the information provided in each field.
Will complaints be processed immediately?
Yes. The CMS Portal runs validation checks and processes complaints automatically.
How are costs calculated?
Certain processes in the CMS Portal validate or pre-populate cost amounts. However, for other filings the cost amount can be completed by the filer.
Will we still need to post a signed complaint to the court?
No. They will have access to this through CMS Portal.
How do I know the status of a filing?
You will be able to see this through the filings tab displayed within the My Account screen. Email notifications are also sent to provide updates on a filing's status.
How do I know if I am Lodging a duplicate filing?
To avoid lodging a dulicate filing, you can check the filing status on the filings tab displayed within the My Account Screen.
If an applcation does not require a hearing date, do we still have to select a date?
No. the system will not require you to select a date.
What is a subcase?
A subcase is a new category introduced with CMS Portal. This is one of three form categories for filing (case initiation, subcase and document).
Generally, documents that have been categorised as a subcase are applications that are for an existing case but are determined on their own. Applications for Order in Default of Defence are available through the add document option and are not a subcase document.
Please refer to the CMS Portal Forms List on the Forms page to check if the document/application you need to file is a subcase.
How do I file on a subcase?
See the 'File subcase on existing case' page for step-by-step instructions.
Will you be able to search for documents and cases at different court locations?
Yes. You will be able to search for, and view, records state wide including rejected documents/cases for cases in which you act for a party.
What do i do if I'm having difficulty filtering cases by Date/Time?
Try filtering by a different column such as aCase Number or Case Name.
Can you have more than one case open at one time and what about multiple jurisdictions?
Yes. You can open multiple cases simultaneously. Individual cases will appear as tabs across the top of your internet browser.
If I save a document for later, how long is this accessible for and can other access it?
If a document is saved for later, only the user that saved the document can access it and there is no time limit on how long that will be available.
Will orders issued by the court be available in CMS Portal?
Copies of orders will be available for CMS Portal users who have access to that case.
Can Solicitors check if and how documents have been produced?
If a solicitor has access to a case, they will be able to see any documents filed on that case. They will not be able to see whether the documents were filed via CMS Portal or through the registry.
Is there a size limit to filings a document?
The current file limit within the CMS Portal is 50 megabytes (50MB). If you have a file greater than 50MB, you may need to split the file.
Can an organisation have more than one credit card saved to CMS Portal for making payments?
Organisations can have more than one credit card saved for their users.
Will the CMS Porvide users with notification once a filing has been made?
For some filings you will receive an automated notification sent to you inbox such as listings and for some there will be no notification sent.
What will happen to prior complaints lodged with EDI?
All matters filed through EDI will be processed in Courtlink and all Courtlink documents will be migrated to CMS.
Will the timeframes for filings be the same in the CMS as it is in EDI?
Three of the EDI filings will be filed and immediately accpeted by CMS. Default orders will be reviewed and accepted/ reject by a Registrar within a 24-hour period.
Can I review a generated complaint for errors prior to filings?
No. For documents automatically generated, such as the complaint, all of the data can be reviewed prior to hitting submit.
Will statement of claim precedents be added to the next release?
Statement of claim precents may be considered for a later release.
Will we be able to get summons for oral examination dates on the CMS Portal?
Summons for Oral Examinations can be filed and listed via the CMS Portal.
Will there be a tab for Webex links for hearings?
No, however this may be considered for future releases.
Will we be able to obtain a certified extract from CMS Portal?
Certified extracts will not be available to be obtained through the CMS Portal for day 1 of our release. However, this is a future enhancement we are planning for a later release.
Can you access Subpoenaed records on the CMS Portal?
For our first release, subpoenaed records will not be available via the CMS Portal. However, this is planned as a future enhancement.
Do we need to serve a blank Notice of Defence?
The CMS Portal has not changed any service requirements in relation to blank defences.
Does the system generate a blank Notice of Defence?
Yes. You will be able to search for, and view, records state-wide including a blank notice of Defence which is generated when a complaint is filed via the CMS Portal. It is located at the back of the complaint.
Can the administration organisation user run a report on the transactions?
Yes. An organisation administration user can run a filings report which includes this information.
Why doesn't the Portal allow me to claim interest prior to the complaint lodgement date?
Currently CMS Portal can only calculate interest from the date a complaint is filed. Where a party wishes to claim interest prior to the filing date (purusuant to Section 58 of the Supreme Court Act 1958), please take the document to the proper venue and lodge over the counter.
Does CMS Portal auto-generate a Notice to defendant - Form 1 for a defendant who is interstate?
No. The person filing will need to prepare their own Notice to defendant- Form 1, accessible on the MCV website, print a copy and provide it to the defendant.
This page was last updated: Monday 17 October 2022 - 4:54pm