Magistrates Court (General) Rules 2005

An approved user may lodge a document electronically by providing the information required for the completion of the document by means of the ECMS.

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.

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 —

the ECMS records the identity of the person who lodges the document; and

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.

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.

A person who lodges an affidavit under this rule must —

have possession of the paper version signed according to law; and

ensure that arrangements are made for the retention of the paper version subject to any order of the Court.

A document lodged under this rule is taken to have been lodged on the day and at the time recorded by the ECMS.

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 —

the document is to be taken not to have been lodged at the registry; and

a registrar must notify the person who sent it of the fact.