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The object of these Rules is to provide for the following in the Magistrates' Court—
the authentication of orders;
the issue and authentication of process;
the authentication of warrants in proceedings;
the filing of documents by electronic communication.
These Rules are made under—
section 209 of the Family Violence Protection Act 2008;
section 16 of the Magistrates' Court Act 1989; and
section 183 of the Personal Safety Intervention Orders Act 2010—
and all other enabling powers.
These Rules come into operation on 6 July 2021.
The following Rules are revoked—
the Magistrates' Court Authentication and Electronic Transmission Rules 2011[1];
Magistrates' Court Authentication Amendment Rules 2019[2];
Magistrates' Court Authentication Amendment Rules 2020[3].
Rule 4 (Heading) substituted by S.R. No. 102/2022 rule 27(1).
In these Rules—
Rule 4 def. of CMS inserted by S.R. No. 102/2022 rule 27(2).
CMS has the same meaning as in the Magistrates' Court General Civil Procedure Rules 2020[4];
the Act means the Magistrates' Court Act 1989.
For the purposes of section 18(2) of the Act, an order may be authenticated—
if the order is entered in writing in the register, by the person who constituted the Court signing the entry; or
if the order is entered into a computerised data storage and retrieval system, by the person who constituted the Court entering confirmation of the order into the system.
Note
The means by which the person who constituted the Court confirms the order may include the use of an electronic signature.
Rule 6 substituted by S.R. No. 102/2022 rule 28.
Process may be issued—
by a person—
signing the process; or
signing the process with an electronic signature; or
sealing the process with an electronic seal; or
by CMS with an electronic signature or seal.
For the purposes of section 57(9) of the Act, the execution copy of a warrant produced by a computerised data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—
the person's name; and
the date of issue of the warrant.
Subject to paragraph (2) and Rule 10, a document may be submitted for filing in the Court by electronic communication in accordance with any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.
In a proceeding the Court may order or direct that any or all documents in the proceeding be filed in any manner that the Court considers appropriate.
A registrar may refuse to accept a document submitted for filing under Rule 8 until satisfied that the document complies with these Rules, or any other Rule or Act or any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.
If a registrar refuses to accept a document submitted for filing under Rule 8, the registrar must advise the person who submitted the document—
that the document has not been accepted for filing; and
of the reason it was not accepted for filing.
If a registrar refuses to accept a document submitted for filing under Rule 8, the Court may—
direct the registrar to accept the document with a filing date, being the time and date that the document was first submitted for filing; or
make any other order or give any direction that it considers appropriate.
Rules 8 and 9—
do not apply if transmission of a document by electronic communication is prohibited by any Act, regulation, rule or rule of law; and
do not limit any Act, regulation, rule, rule of law or practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act that permits a document to be filed with, or transmitted to, the Court by electronic communication.
Example to rule 10 revoked by S. R. No. 102/2022 rule 29.
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Dated: 4 June 2021
LISA HANNAN, Chief Magistrate
FELICITY BROUGHTON, Deputy Chief Magistrate
SUSAN WAKELING, Deputy Chief Magistrate
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