(1) An approved user
may lodge a document electronically by providing the information required for
the completion of the document by means of the ECMS.
(2) If a document is
or must be signed by a person who is not, or who is not acting on behalf of,
the person lodging it, the document cannot be lodged electronically under this
rule unless it is an affidavit.
(3) A document lodged
electronically under this rule that is to be signed by or on behalf of the
person lodging it is authenticated for the purposes of the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013
section 10 if —
(a) the
ECMS records the identity of the person who lodges the document; and
(b) the
name of the person who lodges 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 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 who
lodges an affidavit under this rule must —
(a) have
possession of the paper version signed according to law; and
(b)
ensure that arrangements are made for the retention of the paper version
subject to any order of the Court.
(6) A document lodged
under this rule is taken to have been lodged on the day and at the time
recorded by the ECMS.
(7) If a document sent
electronically to a registry by means of the ECMS is not sent in accordance
with the requirements of the ECMS 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.
[Rule 13A inserted: Gazette
15 Aug 2014 p. 2940‑1; amended: Gazette
18 Dec 2015 p. 5077; 31 Dec 2019 p. 4675;
SL 2021/25 r. 21; SL 2021/133 r. 7.]