After rule 87 of the Principal Rules , the following Division is inserted in Part 7:

Division 2A - Emailing and filing, &c., of electronic documents

87A.     Limitation on electronic documents

(1)  The Principal Registrar may approve a person, firm, corporation or government agency as a person, firm, corporation or government agency who may lodge or serve documents by email.

(2)  The Principal Registrar, in his or her absolute discretion, may refuse to accept for lodgment a document that is emailed to a registry by a person, firm, corporation or government agency who is not approved by the Principal Registrar under subrule (1) .

(3)  The Principal Registrar, by notice in writing to the holder of an approval, may, in his or her absolute discretion, revoke the approval at any time.

87B.     Approved formats, email addresses and cover letters

(1)  A document that is emailed to a registry for filing is to –

(a) be in a format approved by the Principal Registrar; and

(b) be sent to the email address approved by the Principal Registrar; and

(c) be capable of being printed in its entirety and in the form in which it was created; and

(d) include, in the footer required under rule 79 , an email address for service; and

(e) be accompanied by a cover sheet.

(2)  For the purposes of subrule (1)(e) , the cover sheet to the document is to contain the following information:

(a) the title of the proceeding to which the document relates;

(b) the heading of the proceeding;

(c) the registry in which the proceeding is being, or is to be, conducted;

(d) if a registry has assigned a file number to the proceeding, that file number;

(e) a description of the document;

(f) the date the document is emailed;

(g) the name of the party on whose behalf the document is being lodged;

(h) the email address of the person lodging the document.

87C.     Electronic signatures

(1)  A document (other than an affidavit) that is emailed and required by these rules to be signed is taken to be signed if a facsimile of the signature is affixed to the document by electronic means.

(2)  For the purposes of subrule (1) , the signature is to be affixed to the document by, or at the direction of, the signatory.

87D.     Electronic office seals

(1)  A document that is emailed and required by these rules to be sealed with an office seal is taken to be sealed if a facsimile of the office seal is affixed to the document by electronic means.

(2)  For the purposes of subrule (1) , an office seal is to be affixed to the document by, or at the direction of –

(a) the Principal Registrar; or

(b) an officer acting with the authority of the Principal Registrar.

87E.     Electronic lodgment for filing

(1)  In this rule –

date of lodgment , of a document by email, means –

(a) if the document is received by the Court on a Saturday, Sunday or Court holiday, the first day that is not a Saturday, Sunday or Court holiday following the day on which the email is received; or

(b) if the document is received by the Court on a day that is not a Saturday, Sunday or Court holiday –

(i) if the document is received by the Court before 4:30 p.m., the day on which the email is received; or

(ii) if the document is received by the Court on or after 4:30 p.m., the first day, that is not a Saturday, Sunday or Court holiday, following the day on which the email is received.

(2)  An officer who receives a document that is lodged by email for filing is to –

(a) affix to the document, by electronic means, the date of lodgment of the document; and

(b) if the document is in order for filing –

(i) affix the office seal to the document in accordance with rule 87D ; and

(ii) file the document.

(3)  If the officer files the document and it requires listing before the Court, the officer is to email the person who lodged the document a notice stating the time, date and place of the hearing.

(4)  If the document is not in order for filing, the officer is to email the person who lodged the document a statement of the reasons for the officer's refusal to file the document.

87F.     Effecting electronic service

(1)  A person may serve a document by email if the person on whom the document is to be served has given an email address for service.

(2)  If a document is served on a person by email, the document is taken to be served –

(a) if the document is received by the person on a Saturday, Sunday or Court holiday, the first day that is not a Saturday, Sunday or Court holiday following the day on which the email is received; or

(b) if the document is received by the person on a day that is not a Saturday, Sunday or Court holiday –

(i) if the document is received by the person before 4:30 p.m., the day on which the email is received; or

(ii) if the document is received by the person on or after 4:30 p.m., the first day, that is not a Saturday, Sunday or Court holiday, following the day on which the email is received.

87G.     Affidavits

(1)  An affidavit that is lodged by email for filing may have annexures attached to it if –

(a) an index of the annexures is specified in the affidavit beneath the title to the proceedings; and

(b) each reference to an annexure in the index contains a hyperlink to its relevant annexure; and

(c) each reference to an annexure in the body of the affidavit contains a hyperlink to its relevant annexure.

(2)  The cover sheet accompanying an affidavit that is lodged by email for filing is to include, in addition to the information specified in rule 87B(2)  –

(a) a list, under the description of the affidavit, that separately identifies each exhibit, if any; and

(b) a certificate, signed by the person lodging the affidavit, stating that –

(i) the affidavit is a true and complete facsimile of the original; and

(ii) the original of the affidavit will be held in safe custody until the proceeding to which the affidavit relates has been concluded and at least 3 months have passed since the expiry of any period allowed for appeal or further appeal in relation to the proceeding; and

(iii) the original of the affidavit will be produced for inspection upon request by a party to the proceeding, the Court or a judge.

(3)  Unless the Court or a judge makes an order to the contrary, a person who has lodged an affidavit by email for filing may not use the affidavit as evidence if a request for the production of the original of the affidavit is not satisfied.

87H.     Original documents generally

(1)  Unless the Court or a judge makes an order to the contrary, if a document that is emailed for filing exists in an original paper form then the person who emails that document must keep the original in safe custody until –

(a) the proceeding to which the document relates has been concluded; and

(b) at least 3 months have passed since the expiry of any period allowed for appeal or further appeal in relation to the proceeding.

(2)  Upon request by the Court or a judge, a person must produce for inspection the original of a document that is emailed for filing.