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

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

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ENDNOTES 9

i

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 powers.

3. Commencement

These Rules come into operation on 1 January

2003.

4. Principal Rules

In these Rules, the County Court Rules of 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

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

S.R. No. 127/2002 r. 6

(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;

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

r. 9 S.R. No. 127/2002

"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.

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

S.R. No. 127/2002 r. 9

(3) If the Registrar receives by electronic

communication a copy of a document for 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.

filing after 4.00 p.m. on a day the office of
the Court is open or on a day referred to in

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.

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

r. 9 S.R. No. 127/2002

(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.

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

S.R. No. 127/2002 r. 10

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]

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

r. 11 S.R. No. 127/2002

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

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

S.R. No. 127/2002

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

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

Endnotes S.R. No. 127/2002

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.