Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6124

Filing documents electronically

    (1)     A person may file a document electronically in the court only if the person is a registered user of the electronic lodgment facility.

    (2)     If these rules require a document to be signed by the person filing it and the document is filed electronically in the court, the document is taken to be signed by the person if the person's name is written in the place where the signature is required.

    (3)     If a law requires an original or certified copy of a document to be filed, the document may be filed by filing a scanned copy of the document electronically in the court if the scanned copy is able to be printed with no loss of information.

    (4)     A person may file an affidavit electronically in the court

        (a)     by filing an electronic version of the affidavit that includes the signatures on it; or

        (b)     by filing—

              (i)     an electronic version of the affidavit that, in any place where a signature appears in the original affidavit, states the name of the person whose signature it is; and

              (ii)     an undertaking that the person has possession of the original affidavit signed in accordance with law, and will retain the affidavit subject to any order of the court.

    (5)     The address for service stated on a document filed electronically in the court must include—

        (a)     if the registered user is a legal practitioner—the registered email address of the legal practitioner's office; or

        (b)     in any other case—the registered user's registered email address.

    (6)     If a fee is determined under the href="http://www.legislation.act.gov.au/a/2004-59" title="A2004-59">Court Procedures Act 2004

, section 13 for filing the document, the person filing the document must also ensure the document is accompanied by the fee in a form satisfactory to the registrar.

    (7)     The registrar may—

        (a)     record the filing of the document and, if appropriate, seal or stamp the document by making a mark on the document; or

        (b)     reject the document under division 6.3.3 (Rejecting filed documents).

    (8)     If the registrar records the filing of the document, the registrar must return a sealed or stamped copy of the document by advising the person by email that the document is available on the electronic lodgment facility in the file for the proceeding.



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