New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 3.4

3.4 Electronic filing of documents

(1) This rule applies:

(a) in relation to proceedings in any court other than the Land and Environment Court, to documents of a kind referred to in Part 1 of Schedule 4, and

(b) in relation to proceedings in the Land and Environment Court, to documents of a kind referred to in Part 2 of Schedule 4.

(2) In any proceedings, a document so specified may be filed in the court on behalf of a party, by means of the ECM system, by any registered user for the proceedings who is:

(a) a person who is authorised by rule 4.4 to sign documents on the party’s behalf, or

(b) a person who has been directed to file the document by a person who is so authorised.

(2A) When filed by means of the ECM system, a document that is required to be signed by a person is taken:

(a) to have been duly signed for the purposes of rule 4.4, and

(b) to have been duly authenticated for the purposes of section 14E of the Electronic Transactions Act 2000 ,

if the person’s name is printed where his or her signature would otherwise appear.

(3) A document that is filed by means of the ECM system is to be given initial acceptance as soon as it is received by the court, and is to be given final acceptance as soon as it is validated by the court.

(4) Without limiting any other ground on which it may be refused, validation is to be refused if any fee payable with respect to the filing of a document is not received by the court within 24 hours after the document’s initial acceptance.

(5) A document that is filed by means of the ECM system is taken to have been filed when it is given final acceptance and, when given final acceptance, is taken to have been filed at the time it was given initial acceptance.

(6) Notice of the initial and final acceptance of a document, and of the dates of those acceptances, is to be given, by means of the ECM system, to the registered user by whom the document was filed.

(7) The date and time at which initial or final acceptance was given must be set out in the notice referred to in subrule (6).