Covid-19 Advisory: Relief under Covid-19 (Temporary Measures) Act 2020 and ongoing State Courts proceedings

Notification for Relief (Part 2 of the Act)
Application for Relief (Part 8 of the Act)
Notice of Negotiation or Notice of Revision (Part 10 of the Act)

Notification for Relief under Part 2 of 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:

• 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
• such proceedings are commenced after you have served the Notification for Relief,

you may lodge a Memorandum of Notification for Relief (DOCX, 38 KB) 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://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 (DOCX, 38 KB) 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://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:

• The Assessor has given a determination;
• The Assessor has dismissed the Application; or
• 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://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.

Application for Relief under Part 8 of the Covid-19 (Temporary Measures) Act 2020 and Ongoing State Courts Proceedings

If you have applied for relief under Part 8 of the COVID-19 (Temporary Measures) Act 2020 ("the Act") and served the Application for Determination on the other party, the other party may not commence or continue any court or arbitral proceedings or make or continue an adjudication application under the Building and Construction Industry Security of Payment Act ("SOPA") against you in relation to the subject of the Application.

The following procedures may be applicable to you:

1. Lodging a Memorandum of Application for Determination Under Part 8 with the State Courts

Where:

• there are any pending court, arbitral or SOPA proceedings in relation to the subject of the Application; or
• such proceedings are commenced after you have served the Application,

you may lodge a Memorandum of Application for Determination (DOCX, 38 KB) under Part 8 to the relevant court, arbitral tribunal or SOPA adjudicator to obtain a stay of proceedings.

For civil matters before a Magistrate’s Court or District Court, you may file the Memorandum of Application for Determination under Part 8 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://www.crimsonlogic.com/.

2. Withdrawal of the Memorandum of Application for Determination under Part 8 previously lodged with the State Courts

If you had previously lodged a Memorandum of Application for Determination under Part 8, you are required to inform the court, arbitral tribunal or SOPA adjudicator if you have withdrawn your Application for Determination by lodging a Memorandum of Service of Withdrawal (DOCX, 39 KB) to the court, arbitral tribunal or SOPA adjudicator 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 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://www.crimsonlogic.com/.

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, arbitral or SOPA proceedings in relation to the Application; and
• The Assessor has issued a determination or has dismissed the Application,

You must submit a Notification of Status of Application for Determination (DOCX, 38 KB) to the court, arbitral or SOPA adjudicator within 2 working days from the date of the determination or dismissal.

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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://www.crimsonlogic.com/.

Notice of Negotiation or Notice of Revision under Part 10 of 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 Notice of Negotiation or Notice of Revision to seek an adjustment to the rights and obligations of the parties and their assignees under specified contracts covered by Part 10 of the Act.

If you have served a Notice of Negotiation on the other party, that other party is prohibited from taking certain legal and enforcement actions against you, in relation to your failure to perform any obligation due to be performed from the date of service of the Notice of Negotiation (“subsequent failure”).

If you have served a Notice of Revision on your hire-purchase or financing or leasing company, they are prohibited from taking certain legal and enforcement actions against you in respect of your failure to pay any outstanding amounts due on or after 1 February 2020 to the date before the Notice of Revision (“accrued arrears”).

The following procedures may be applicable to you if you have served or been served with a Notice of Negotiation or Notice of Revision.

1. Lodging a Memorandum of Notice of Negotiation / Notice of Revision with the State Courts

Where you have served a Notice of Negotiation or Notice of Revision on the relevant parties and

• there are any pending court or arbitral proceedings in relation to the subsequent failure (as defined above) or accrued arrears (as defined above) at the time you serve the Notice of Negotiation or Notice of Revision respectively; or
• such proceedings are commenced after you have served the Notice of Negotiation or Notice of Revision,

you may lodge a Memorandum of Notice of Negotiation / Notice of Revision (DOCX, 40 KB) 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 Notice of Negotiation / Notice of Revision 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://www.crimsonlogic.com/.

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

2. Withdrawal of the Notice of Negotiation / Notice of Adjustment / Notice of Compensation / Notice of Objection to Notice of Revision

You have to update the Court or arbitral tribunal of the withdrawal of a Notice in the following circumstances:

(1) Where:

• You had previously lodged a Notice of Negotiation with the court or arbitral tribunal; and
• You have withdrawn that Notice of Negotiation by serving a Notice of Withdrawal on the relevant parties.

(2) Where:

• You, or the other party to the contract, had previously lodged a Notice of Negotiation with the court or arbitral tribunal;
• You subsequently lodged a Notice for Adjustment with the adjustment relief Registrar (“Registrar”) and served the Notice of Adjustment on the relevant parties;
• You have withdrawn that Notice for Adjustment by lodging the Notice of Withdrawal with the Registrar and serving the Notice of Withdrawal on the relevant parties, and
• The Notice of Adjustment that you withdrew is the only Notice for Adjustment which was lodged, or the last Notice of Adjustment to be withdrawn.

(3) Where:

• The other party to the contract had previously lodged a Notice of Negotiation with the court or arbitral tribunal;
• You had previously lodged a Notice of Compensation with the Registrar and served the Notice of Compensation on the relevant parties;
• You have withdrawn that Notice of Compensation by lodging the Notice of Withdrawal with the Registrar and serving the Notice of Withdrawal on the relevant parties, and
• No Notice of Objection or no Notice of Adjustment have been served and lodged.

(4) Where:

• The other party to the contract had previously lodged a Notice of Revision with the court or arbitral tribunal;
• You subsequently lodged a Notice of Objection to Notice of Revision with the Registrar and served the Notice of Objection to Notice of Revision on the relevant parties;
• You have withdrawn that Notice of Objection to Notice of Revision by lodging the Notice of Withdrawal with the Registrar and serving the Notice of Withdrawal on the relevant parties, and

In any of the above circumstances, you must update the court or arbitral tribunal of the withdrawal of the applicable Notice by lodging a Memorandum of Service of Withdrawal of Notice of Negotiation / Notice of Adjustment / Notice of Compensation / Notice of Objection to Notice of Revision (DOCX, 42 KB) within 4 working days from the date of the Notice of Withdrawal.

For civil matters before a Magistrate’s Court or District Court, you may file the Memorandum of Service of Withdrawal of Notice of Negotiation / Notice of Adjustment / Notice of Compensation / Notice of Objection to Notice of Revision 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://www.crimsonlogic.com/.

For matters before the Small Claims Tribunals, you may file the Memorandum of Service of Withdrawal of Notice of Negotiation / Notice of Adjustment / Notice of Compensation / Notice of Objection to Notice of Revision by uploading it under “General Application” in the CJTS.

3. Filing a Notification of Status of Proceedings before Adjustment Relief Assessor

You have to update the Court or arbitral tribunal of the status of proceedings before the adjustment relief assessor (“Assessor”) in the following circumstances:

(1) Where:

• You, or the other party to the contract, had previously lodged a Notice of Negotiation or Notice of Revision with the court or arbitral tribunal;
• You have served and lodged with the adjustment relief Registrar (“Registrar”) any of the following Notices:
  • Notice of Objection to a Notice of Negotiation;
  • Notice of Adjustment;
  • Notice of Compensation;
  • Notice of Objection to a Notice of Revision, and
• The Registrar has appointed one or more Assessors to make a determination or determinations under section 66 of the Act.

(2) Where:

• You have lodged a Notice of Objection to a Notice of Negotiation; and
• Either:
  • The Registrar has refused to accept the Notice of Objection to a Notice of Negotiation, or
  • You have withdrawn the Notice of Objection to a Notice of Negotiation; and
• The Registrar has appointed one or more Assessors to make a determination on the rights and obligations of the parties and their assignees.

(3) Where:

• You had previously lodged a Notice of Negotiation or Notice of Revision with the court or arbitral tribunal;
• The proceedings for an Assessor’s determination has been concluded, either because:
  • The Assessor has made all the determinations required to be made; or
  • The Registrar has determined that no Assessor needs to be appointed to make a determination on the rights and obligations of the parties and their assignees under section 65(2) of the Act.

In any of the circumstances above, you must submit a Notification of Status of Proceedings before Adjustment Relief Assessor (DOCX, 48 KB) to the Court or arbitral tribunal within 2 working days after the date the Registrar sends the notice of appointment or one or more Assessors, or after the conclusion of proceedings for an Assessor’s determination.

For civil matters before a Magistrate’s Court or District Court, you may file the Notification of Status of Proceedings before Adjustment Relief Assessor 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 Chinatown Point or the Supreme Court. Please check for opening hours of the Service Bureau at http://www.crimsonlogic.com/.

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