Western Australian Current Regulations

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47 .         Certain documents may be lodged by fax

        (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.

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