(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.]