District Court Amendment Rules 2018 (WA)

91 8 GOVERNMENT GAZETTE, WA 16 March 2018

These rules are the District Court Amendment Rules 2018.

JUSTICE

JU301

District Court of Western Australia Act 1969

District Court Amendment Rules 2018

Made by the Judges of the District Court.

1.   Citation

16 March 2018 GOVERNMENT GAZETTE, WA 919

2. Commencement
These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on 22 March 2018.

3. Rules amended

These rules amend the District Court Rules 2005.

4. Rule 3 amended
In rule 3 insert in alphabetical order:

EDS has the meaning given in the RSC Order 1
rule 4(1);
file electronically, in relation to a document, means file
an electronic version of the document under rule 20 by
using the EDS;
registered user means a person who is authorised to
file documents electronically;

5.           Part 3 Division 2 heading replaced Delete the heading to Part 3 Division 2 and insert:

Division 2— Filing documents by fax or by using EDS

6.	Rule 19 amended In rule 19(1) delete "rule," and insert:
rule and rule 20(1A),

7. Rule 20 amended

(1) Delete rule 20(1) and insert:

(1) Subject to the requirements of the EDS and this rule, a

person who is a registered user may file a document
electronically by filing an electronic version of it using

the EDS.

(1A) If a document is to be filed by a lawyer on behalf of a

client —

(a) the lawyer must be a registered user; and

920 GOVERNMENT GAZETTE, WA 16 March 2018

(b) the document must be filed electronically unless —

(i)      the EDS is unavailable for use or does not permit the document to be presented for filing electronically; or

(ii)      the rules of court state that the document cannot be filed electronically; or

(iii)

the document is filed for the purposes of office hours; or

(iv)     the document is filed by a lawyer given permission under subrule (1B) to file it otherwise than by using the EDS.

(1B)	A registrar, for any good reason and without a formal application or request, may permit a lawyer to file a document otherwise than by using the EDS.
(1C)	If a document is not required to be filed electronically, whether by the operation of subrule (1B) or otherwise, the document may be presented to the relevant registry for filing —

(a)	by emailing it to the published email address for that registry; or
(b)	by delivering it; or
(c)	by posting it; or
(d)	subject to rule 19, by faxing it.

(2) Delete rule 20(5) and (6) and insert:

(5)	A document filed electronically is taken to have been filed on the day and at the time recorded by the EDS.
(6)	A document that is presented to the Court for filing electronically but not in accordance with the requirements of the EDS and this rule is to be taken —

(a)	not to have been filed; and
(b)	not to be part of the Court's record.

(3) In rule 20(7A) delete "at the registry".

(4) In rule 20(7C) delete "electronically by means of the Court's

website." and insert:

electronically.

Note The heading to amended rule 20 is to read

Some documents may be filed by using EDS

16 March 2018 GOVERNMENT GAZETTE, WA 921

8.            Rule 71 amended

In rule 71(1) delete "Court's website." and insert:

website called the eCourts Portal of Western Australia.

9.            Rule 72 amended

(1)	Delete rule 72(1) and insert:
(1) This rule applies to searches for, and inspections of, Court documents and information using the website called the eCourts Portal of Western Australia.
(2)	Delete rule 72(3)(a) and insert:

(a) documents filed electronically;

Note: The heading to amended rule 72 is to read:

Access to records and things (eCourts Portal of Western

Australia)

His Honour KEVIN FREDERICK SLEIGHT
Chief Judge of the District Court

District Court of Western Australia.

Date: 9 March 2018.