County Court (Chapter I Amendment No. 10) Rules 2002

i County Court (Chapter I Amendment No. 10) Rules 2002 S.R. No. 127/2002 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. Personal service of originating process 2 7. Affidavit of service 2 8. Amendment to Order 28 2 9. New Part 2 to Order 28 2 PART 2—ELECTRONIC FILING 2 28.08 Application of Part 2 28.09 Definitions 2 28.10 Authorised provider may send request to file documents electronically 3 28.11 Registrar may accept a document for filing 3 28.12 Registrar may reject a document 4 28.13 Documents that may not be filed electronically 4 28.14 Evidence of filing 5 28.15 Production of original document 5 28.16 Retention of original documents 6 28.17 Authorised provider 6 10. Affidavits 6 11. Filing Confirmation Notice 6 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2002 S.R. No. 127/2002 County Court Act 1958 County Court (Chapter I Amendment No. 10) Rules 2002 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to facilitate the electronic filing of documents in the Court. 2. Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3. Commencement These Rules come into operation on 1 January 2003. 4. Principal Rules In these Rules, the County Court Rules of Procedure in Civil Proceedings 19991 are called the Principal Rules. 5. Filing of originating process For Rule 5.11(1)(b) of the Principal Rules substitute— "(b) A proceeding is filed— (i) when the Registrar or proper officer receives the originating process and seals and dates the same; or -- 2 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 2 (ii) if the originating process is sent to the Court electronically, when it is received by the Court's information system known as CLMS.". 6. Personal service of originating process In Rule 6.03(2) of the Principal Rules, after "Rule 5.11" insert ", and in the case of originating process filed electronically, shall have attached to it a filing confirmation notice that has been sealed by the Registrar". 7. Affidavit of service After Rule 6.17(3) of the Principal Rules insert— "(4) In the case of originating process filed electronically, an affidavit of service shall also exhibit a copy of the filing confirmation notice.". 8. Amendment to Order 28 After the heading to Order 28 of the Principal Rules insert— "PART 1 —GENERAL". 9. New Part 2 to Order 28 After Rule 28.07 of the Principal Rules insert— 'PART 2—ELECTRONIC FILING 28.08 Application of Part This Part applies to the electronic filing of documents in the Court. 28.09 Definitions In this Part— "authorised provider" means a person or body listed in Rule 28.17; r. 6 -- 3 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 3 "authorised user" means a person or body who has arranged for an authorised provider to file documents in the Court electronically, in accordance with the provisions of this Part. 28.10 Authorised provider may send request to file documents electronically An authorised provider may on behalf of an authorised user, send by electronic communication to the Registrar, a document for filing at Court. 28.11 Registrar may accept a document for filing (1) If satisfied that a copy of a document sought to be filed electronically in the Court by an authorised provider complies with the requirements of the Rules, the Registrar must— (a) retain a copy of the document; and (b) record the date and time the document was received and entered in the information system of the Court known as CLMS; and (c) in the case of a document that is required to be sealed and dated by the Registrar, authorise the production of a filing confirmation notice by electronic communication to the authorised provider. (2) A filing confirmation notice shall be in Form 28 and shall be sealed with the seal of the Court. Note: See Rule 28.04 for Rules applying to the seal of the Court. r. 9 -- 4 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 4 (3) If the Registrar receives by electronic communication a copy of a document for filing after 4.00 p.m. on a day the office of the Court is open or on a day referred to in Rule 3.08, subject to the Registrar being satisfied that the document sought to be filed in the Court complies with the requirements of the Rules, the document shall be taken to have been filed at 9.00 a.m. on the next day the office of the Court is open. 28.12 Registrar may reject a document If the Registrar is not satisfied that a copy of a document sought to be filed in the Court electronically complies with the requirements of the Rules, the Registrar shall send an electronic communication to the authorised provider advising— (a) that the document has not been filed in the Court; and (b) the reason it was not filed. 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 document under the Adoption Act 1984 or any regulations under that Act; (b) court books; (c) any documents produced in answer to a subpoena; and (d) an exhibit to an affidavit. r. 9 -- 5 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 5 (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 For the avoidance of doubt but 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 is a document purporting to be sealed with the seal of the Court. 28.15 Production of original document (1) At the request of a Judge or the Registrar, an authorised user must 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, a Judge or the Registrar may order or direct that the filing of the document be set aside or be of no effect. r. 9 -- 6 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 6 28.16 Retention of original documents For the avoidance of doubt, the possession of a filing confirmation notice does not relieve an authorised user from any obligation to retain an original document. 28.17 Authorised provider The STATE OF QUEENSLAND through CITEC, a commercial business of the Queensland Government—ABN 52 566 829 700.'. 10. Affidavits After Rule 43.09(2) of the Principal Rules insert— "(3) If a copy of an affidavit is sought to be filed electronically in the Court under Part 2 of Order 28, the copy of the affidavit must contain an image of the affidavit that includes a copy of the particulars required by Rule 43.01(5) or, if applicable, Rule 43.02(1).". 11. Filing Confirmation Notice After Form 19A to the Principal Rules insert— "RULE 28.11(2) FORM 28 FILING CONFIRMATION NOTICE IN THE COUNTY COURT OF VICTORIA AT To [name of authorised user] r. 10 -- 7 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 7 An electronic copy of the following document— [description of document] was filed in the County Court in this proceeding under Part 2 of Order 28 on [date] at [time]. CASE DETAILS Case number— Case [name of parties]— List— Cause of action— Claim amount— Your reference— [Court seal] The attached document has been filed in the County Court of Victoria. DATED: Registrar". Dated: 12 December 2002 MICHAEL ROZENES, Chief Judge E. H. CURTAIN F. G. DYETT R. G. WILLIAMS JOHN K. NIXON FRED DAVEY FRANK WALSH STUART CAMPBELL L. S. OSTROWSKI DAVID MORROW W. FAGAN M. G. McINERNEY G. R. G. CROSSLEY T. G. WODAK M. HIGGINS F. J. SHELTON B. STOTT A. P. DUCKETT G. D. LEWIS MARILYN HARBISON r. 11 -- 8 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 8 S. P. GEBHARDT JOHN BOWMAN J. M. PANNAM J. NICHOLSON TIMOTHY HOLT F. E. HOGAN CAROLYN DOUGLAS I. E. LAWSON TIM WOOD G. GULLACI IAN C. ROBERTSON E. M. GAYNOR LANSELL PILGRIM P. J. COISH P. D. JENKINS K. R. HOWIE B. J. KING J. A. CAMPTON ═══════════════ -- 9 of 10 -- S.R. No. 127/2002 County Court (Chapter I Amendment No. 10) Rules 2002 9 ENDNOTES 1 Rule 4: S.R. No. 20/1999. Reprint No. 1 incorporating amendments as at 27 September 2001. Subsequently amended by S.R. Nos 122/2001, 124/2001, 54/2002, 125/2002 and 126/2002. Endnotes -- 10 of 10 --