Supreme Court (Chapter 1 Amendment No. 7) Rules 2007 (Vic)
Supreme Court (Chapter I Amendment No. 7) Rules 2007
S.R. No. 5/2007
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Filing of originating process
6How personal service effected
7Affidavit of service
8Part heading inserted in Order 28
PART 1—GENERAL
9New Part 2 of Order 28 inserted
PART 2—ELECTRONIC FILING
28.07Application of Part
28.08Definitions
28.09Authorised provider may make documents available
28.10Prothonotary may accept a document for filing
28.11Prothonotary may reject a document
28.12Authorised user may make copies
28.13Documents that may not be filed electronically
28.14Evidence of filing
28.15Production of original document
28.16Retention of original documents
28.17Authorised provider
10Affidavits
11New Form 28A
Form 28A—Filing Confirmation Notice
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ENDNOTES
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:
1Object
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.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3Commencement
These Rules come into operation on 15 March 2007.
4Principal Rules
In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.
5Filing 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
(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".
6How 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".
7Affidavit 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.".
8Part heading inserted in Order 28
After the heading to Order 28 of the Principal Rules insert—
"PART 1—GENERAL".
9New Part 2 of Order 28 inserted
After Rule 28.06 of the Principal Rules insert—
"PART 2—ELECTRONIC FILING
28.07Application of Part
This Part applies to the electronic filing of documents in the Court.
28.08Definitions
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.
28.09Authorised 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.
28.10Prothonotary 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;
(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.
28.11Prothonotary 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.
28.12Authorised 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.
28.13Documents 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.
(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).
28.14Evidence 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.
28.15Production 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.
28.16Retention 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.
28.17Authorised provider
The STATE OF QUEENSLAND through CITEC, a commercial business of the Queensland Government—ABN 52 566 829 700.".
10Affidavits
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).".
11New 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—
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.
STEPHEN KAYE, J.
SIMON P. WHELAN, J.
ELIZABETH HOLLINGWORTH, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
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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.
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