Supreme Court (Chapter 1 Amendment No. 7) Rules 2007

i Supreme Court (Chapter I Amendment No. 7) Rules 2007 S.R. No. 5/2007 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Filing of originating process 1 6 How personal service effected 2 7 Affidavit of service 2 8 Part heading inserted in Order 28 2 PART 1—GENERAL 2 9 New Part 2 of Order 28 inserted 3 PART 2—ELECTRONIC FILING 3 28.07 Application of Part 3 28.08 Definitions 3 28.09 Authorised provider may make documents available 3 28.10 Prothonotary may accept a document for filing 3 28.11 Prothonotary may reject a document 5 28.12 Authorised user may make copies 5 28.13 Documents that may not be filed electronically 5 28.14 Evidence of filing 6 28.15 Production of original document 6 28.16 Retention of original documents 7 28.17 Authorised provider 7 10 Affidavits 8 11 New Form 28A 8 Form 28A—Filing Confirmation Notice 8 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2007 S.R. No. 5/2007 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 7) Rules 2007 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to facilitate the electronic filing of documents in the Court. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on 15 March 2007. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5 Filing of originating process (1) After Rule 5.11(1) of the Principal Rules insert— "(1A) An originating process is filed— (a) when the Prothonotary receives the originating process and seals and dates it; or -- 2 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 2 (b) in the case of an originating process retrieved electronically by the Prothonotary, when it is taken to be accepted for filing under Rule 28.10(3) or (4).". (2) In Rule 5.11(3) of the Principal Rules, for "Upon" substitute "Subject to Rule 28.12, upon". (3) In Rule 5.11(4) of the Principal Rules, after "is filed" insert "and, if the originating motion is filed electronically, Part 2 of Order 28 (with any necessary modification) shall apply for the purpose of lodging the copy". 6 How personal service effected In Rule 6.03(2) of the Principal Rules, after "Rule 5.11" insert "and in the case of originating process filed electronically in accordance with Part 2 of Order 28, shall have attached to it a copy of the filing confirmation notice". 7 Affidavit of service After Rule 6.17(3) of the Principal Rules insert— "(4) In the case of originating process filed electronically in accordance with Part 2 of Order 28, an affidavit of service shall also exhibit a copy of the filing confirmation notice.". 8 Part heading inserted in Order 28 After the heading to Order 28 of the Principal Rules insert— "PART 1—GENERAL". r. 6 -- 3 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 3 9 New Part 2 of Order 28 inserted After Rule 28.06 of the Principal Rules insert— "PART 2—ELECTRONIC FILING 28.07 Application of Part This Part applies to the electronic filing of documents in the Court. 28.08 Definitions In this Part— authorised provider means a person or body listed in Rule 28.17; authorised user means a person or body who has arranged for an authorised provider to make documents available for electronic retrieval by the Prothonotary in accordance with the provisions of this Part. 28.09 Authorised provider may make documents available An authorised provider may, on behalf of an authorised user, make available for electronic retrieval by the Prothonotary a document for filing in the Court. 28.10 Prothonotary may accept a document for filing (1) If satisfied that a document which is retrieved electronically in the Court from an authorised provider complies with the requirements of the Rules, the Prothonotary shall— (a) accept the document; r. 9 -- 4 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 4 (b) make a copy of the document and endorse on it the date and time it is taken to be filed; and (c) in the case of a document which, if filed personally would be required to be sealed and dated by the Prothonotary, send a filing confirmation notice by electronic communication to the authorised provider. (2) A filing confirmation notice shall— (a) be in Form 28A; and (b) contain a facsimile of the seal of the Court. (3) Subject to paragraph (4), a document which is accepted by the Prothonotary is taken to have been filed in the Court on the date and at the time the authorised provider made it available for retrieval by the Prothonotary. (4) Subject to Rule 28.11, if the authorised provider makes a document available for retrieval by the Prothonotary after 4.00 p.m. on a day the office of the Court is open or at any time on a day that the office of the Court is not open and the Prothonotary subsequently accepts the document for filing, the document shall be taken to have been filed at 9.30 a.m. on the next day the office of the Court is open after the date the document was made available for retrieval. r. 9 -- 5 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 5 28.11 Prothonotary may reject a document If the Prothonotary is not satisfied that a document sought to be filed in the Court electronically complies with the requirements of the Rules, the Prothonotary shall send an electronic communication to the authorised provider advising— (a) that the document has not been accepted for filing in the Court; and (b) the reason it was not accepted for filing. 28.12 Authorised user may make copies In the case of any document of a kind referred to in Rule 28.10(1)(c) in respect of which a filing confirmation notice has been sent to the authorised provider, the authorised user may make a sufficient number of copies of the filing confirmation notice for service and proof of service. 28.13 Documents that may not be filed electronically (1) Subject to paragraph (2) and any order of the Court, the following documents may not be filed in accordance with this Part— (a) any appeal book; (b) any court book; (c) any documents produced in answer to a subpoena; (d) any exhibit to an affidavit; and (e) any document under the Adoption Act 1984 or any regulations under that Act. r. 9 -- 6 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 6 (2) Paragraph (1)(d) does not apply to an exhibit in an application under— (a) Rule 5.12 (leave to extend the period of validity of a writ); (b) Rule 6.10 (for substituted service); (c) Order 7 (for leave to proceed); (d) Order 21 (for judgment in default of appearance or pleading); (e) Rule 24.02 (where a party fails to comply with an order); (f) Rule 68.02 (for leave to issue a warrant). 28.14 Evidence of filing Subject to any order of the Court, Rule 40.08 applies to a document referred to in a filing confirmation notice as if the document were a document purporting to be sealed with the seal of the Court. 28.15 Production of original document (1) At the request of the Court or the Prothonotary, an authorised user shall produce the original paper version of a document that has been electronically filed in the Court. (2) If, subsequent to a request under paragraph (1), the authorised user cannot produce the paper version of the document, the Court may order or the Prothonotary may direct that the filing of the document be set aside or be of no effect. r. 9 -- 7 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 7 28.16 Retention of original documents (1) The possession of a filing confirmation notice does not relieve an authorised user from any obligation to retain an original document. (2) Without limiting any other obligation to retain any document, a party who has filed an affidavit electronically under this Order shall retain the original paper version of the affidavit until the later of— (a) the expiry of any period within which, without any extension of time, an application for leave to appeal may be made or an appeal brought in the proceeding; or (b) the determination of any application for leave to appeal made or appeal brought— (i) within the period referred to in paragraph (a); or (ii) after that period, if the party still retains the original paper version of the affidavit. 28.17 Authorised provider The STATE OF QUEENSLAND through CITEC, a commercial business of the Queensland Government— ABN 52 566 829 700.". r. 9 -- 8 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 8 10 Affidavits After Rule 43.09(2) of the Principal Rules insert— "(3) If an affidavit is sought to be filed electronically in the Court under Part 2 of Order 28, the image of the affidavit made available for electronic retrieval must contain the particulars required by Rule 43.01(5) or, if applicable, Rule 43.02(1).". 11 New Form 28A After Form 19A of the Principal Rules insert— "Rule 28.10(2)(a) FORM 28A FILING CONFIRMATION NOTICE IN THE SUPREME COURT OF VICTORIA AT To [name of authorised user] An electronic copy of the document now described— [description of document] is taken to have been filed in the Supreme Court in this proceeding under Part 2 of Order 28 on [date] at [time]. CASE DETAILS Case number— Case [name of parties]— List— Your reference— r. 10 -- 9 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 9 Copies of this filing confirmation notice are permitted to be made for service and proof of service—refer to Rule 28.12. This filing confirmation notice must be retained as proof of filing of the document described above—refer to Rules 28.14 and 40.08. DATED: [Facsimile of Court Seal] Prothonotary __________________". Dated: 22 February 2007 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. G. M. EAMES, J.A. GEOFFREY NETTLE, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. T. H. SMITH, J. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. PHILIP MANDIE, J. MURRAY B. KELLAM, J. BERNARD D. BONGIORNO, J. D. J. HABERSBERGER, J. r. 11 -- 10 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 10 STEPHEN KAYE, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. ═══════════════ r. 11 -- 11 of 12 -- S.R. No. 5/2007 Supreme Court (Chapter I Amendment No. 7) Rules 2007 11 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Subsequently amended by S.R. Nos 43/2006, 98/2006, 102/2006, 162/2006, 169/2006 and 171/2006. Endnotes -- 12 of 12 --