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INDUSTRIAL MAGISTRATE'S COURT (GENERAL JURISDICTION) REGULATIONS 2005 - REG 46

46 .         Certain documents may be lodged electronically

        (1)         This regulation does not apply to lodging a document by fax.

        (2)         The clerk must publish a website for the court.

        (3)         Subject to the requirements of the court’s website and this regulation, a party may lodge a document electronically by lodging an electronic version of it by means of the court’s website.

        (4)         If these regulations require a document to be signed by a person who is not, or who is not acting on behalf of, the party lodging it, the document cannot be lodged electronically unless it is an affidavit.

        (5)         If these regulations require a document, before it is lodged, to be signed by or on behalf of the party lodging it and the document is being lodged electronically —

            (a)         the document need not be signed; and

            (b)         the party lodging the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.

        (6)         A party which lodges an affidavit electronically must —

            (a)         ensure that the electronic version of it, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and

            (b)         also lodge an undertaking that the party —

                  (i)         has possession of the paper version signed according to law; and

                  (ii)         will retain the paper version subject to any order of the court.

        (7)         A document lodged electronically with the court is taken to have been lodged —

            (a)         if the whole document is received before 4.00 p.m. on a day when the court’s registry is open for business, on that day;

            (b)         otherwise, on the next day when the court’s registry is open for business.

        (8)         A document that is sent electronically to the court but not in accordance with the requirements of the court’s website and this regulation is taken not to have been lodged with the court.

        [Regulation 46 amended: SL 2022/100 r. 30.]



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