(1) Subject to this
regulation, a document may be lodged by fax if it is a document that may be
lodged without the payment of a fee specified in Schedule 1.
(2) A Court must
publish a fax number for its registry.
(3) A party wanting to
lodge a document by fax must use the published fax number for the relevant
Court’s registry.
(4) A document that,
with any attachments and a cover sheet, is more than 20 pages long, must not
be lodged by fax and any such document received by a Court is to be taken not
to have been lodged.
(5) A document that is
sent by fax to a Court must have a cover sheet stating —
(a) the
sender’s name, postal address, document exchange number (if any),
telephone number and fax number;
(b) the
number of pages (including the cover sheet) being sent by fax; and
(c) what
the Court is to do with the document.
(6) A party which
lodges a document by fax must —
(a)
endorse the first page of the original document with —
(i)
a statement that the document is the original of a
document sent by fax; and
(ii)
the date and time the document was sent by fax;
(b) keep
the endorsed original document and the fax machine’s report evidencing
the successful transmission of the document; and
(c) if
directed to do so by the Court, produce the items in paragraph (b) to the
Court.
(7) A document lodged
by fax with the Court is to be 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 by fax to the Court is to be taken not to have been lodged with the Court
if —
(a) it
is not sent in accordance with the requirements of this regulation; or
(b) if
the document is completely or partly illegible or if any of the details on the
cover sheet required under subregulation (5) are illegible.