Written record to be kept of direction to e-file document submitted using Online Registry’s XML filing or if scanned copy of document is not uploaded
3.12 Written record to be kept of direction to e-file document submitted using Online Registry’s XML filing or if scanned copy of document is not uploaded
If a document is submitted for filing using—
the Online Registry’s XML filing facility, or
the Online Registry facility where Online Registry generates the document and a copy of the document is not uploaded by the user—
the person who has given permission for a document to be filed as referred to in rule 3.4(2)(b) must make a written record of the fact that he or she has given that permission.
The person who gave the permission is taken—
to have affirmed to the court that he or she has given the permission, and
to have undertaken to the court that, if the court so directs, he or she will produce to the court the written record referred to in subrule (1).
If any proceedings in which a document has been filed and the court requires production of the written record referred to in subrule (1), it may also stay proceedings until the record is produced.
A written permission for the purposes of rule 3.4(2)(b) is taken to be a written record for the purposes of this rule.
A written record must be kept until the later of the following—
2 years from when the proceedings in which the document was filed are determined by a judgment, order or discontinuance, or
if the proceedings in which the document was filed is appealed, 2 years from when that appeal is determined by a judgment, order or discontinuance, or
2 years from the date on which the document was filed.
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