Western Australian Current Regulations Western Australian Current Regulations (1) Subject to the
requirements of the Court’s website, a person may lodge a document
electronically by lodging an electronic version of it by means of the
Court’s website.
(2) A document that
must be signed by or on behalf of a person cannot be lodged electronically
under this rule unless —
(a) the
document is an affidavit; or
(b) the
document is lodged by —
(i)
the person who signed it; or
(ii)
the person on whose behalf it was signed; or
(iii)
a person who is acting for either of those persons.
(3) A document lodged
electronically under this rule that is to be signed by or on behalf of the
person by whom it is lodged is authenticated for the purposes of the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013
section 10 if —
(a) the
Court’s website records the identity of the person who lodges the
document; and
(b) the
name of the person who signed the document is stated in the electronic version
of the document at any place where the person’s signature is required.
(4) An affidavit
lodged electronically under this rule is authenticated for the purposes of the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013
section 10 if —
(a) an
electronic version of it that includes the signatures on it is lodged; or
(b) the
electronic version that is lodged includes a statement of the name of the
person who signed the affidavit at any place where a signature appears in the
paper version.
(5) A person by or on
behalf of whom an affidavit is lodged under this rule must —
(a) have
possession of the paper version signed according to law; and
(b)
ensure that, subject to any order of the Court, arrangements are made for the
retention of the paper version.
(6) A document lodged
electronically under this rule which is directed to a registry is to be taken
to have been lodged at the registry —
(a) if
the whole document is received before 4 pm on a day when the registry is
open for business, on that day;
(b)
otherwise, on the next day when the registry is open for business.
(7) If a document sent
electronically to a registry by means of the Court’s website is not sent
in accordance with the requirements of the Court’s website and this
rule —
(a) the
document is to be taken not to have been lodged at the registry; and
(b) a
registrar must notify the person who sent it of the fact.
(8) A person by or on
behalf of whom a document is lodged electronically under this rule must ensure
that the paper version of the document is available at any conference or
hearing in the case concerned.
(9) The Court may at
any time, on the application of a party or on its own initiative, order a
person who has lodged a document electronically under this rule to lodge the
paper version of the document.
[Rule 12 inserted: Gazette
15 Aug 2014 p. 2938‑40; amended: SL 2021/25
r. 20.]