1. Supreme Court Registry & Court of Appeal Office
PD 1.1.4
Supreme Court of Western Australia
Consolidated Practice Direction
(b)
is otherwise unavailable for use (refer also to par 8 below): or
(c)
does not permit the document to be presented (refer also to par 9
below).
7.
An example of a situation where the Principal Registrar may declare the
ECMS unavailable for use is when planned maintenance work is being
performed on the ECMS. (The ECMS will require occasional
maintenance work. Where possible,
maintenance work will be
undertaken outside of usual business hours and advance notice will be
placed on the ECMS.)
8. When the ECMS is unavailable, documents may be filed in accordance
with the Rules by:
(a)
email (refer also to Practice Direction 1.2.2
–
Filing by email
);
(b)
delivery to the Court (refer also to Practice Directions 1.1.1
–
Registry and Court of Appeal Office
–
opening hours, and 1.2.2
–
Filing by delivery
);
(c)
post (refer also to Practice Directions 1.2.2
–
Filing by post
and
1.2.3); or
(d)
fax (only where email, delivery or post is not possible, refer also to
Practice Direction 1.2.2
–
Filing by fax
).
9.
The ECMS may not allow certain types of documents to be presented for
filing. A list of the originating and non-originating documents that the
ECMS
will allow to be presented for filing is available on the Court’s
website
.
10. Order 67A r 3(1) also lists other exemptions, which include documents
filed in non-contentious or common form probate business (par (c));
documents filed in the Court of Disputed Returns to which the
Electoral
Rules
1908
apply (par (c)); documents filed under O 75A for the
purposes of an application for admission under the
Legal Profession Act
2008
(par (d)); and documents filed under O 81H for the purposes of an
application under the
Surveillance Devices Act 1998
(par (d)).
11. Paragraph (i) of O 67A r 3(1) provides
an exemption from mandatory
filing using the ECMS for documents declared in the Practice Directions
1. Supreme Court Registry & Court of Appeal Office
PD 1.1.4
Supreme Court of Western Australia
Consolidated Practice Direction
to be exempt. The following documents are by this Practice Direction
declared to be exempt:
(a) originating documents presented for filing by a litigant in person
at the discretion of the proper officer at the
Court Registry;
(b) documents presented for filing for the purposes of an application
or proceedings under the
Witness Protection (Western Australia) Act
1996
;
(c) documents presented for filing in an appeal to a single judge of the
Court (SJA matters) (refer also to par 12 below);
(d) documents presented for filing by an applicant for substitution
under s 465B of the
Corporations Act 2001
(Cth);
(e) documents presented for filing for the purposes of an application
brought under s 76 of the
Service and Execution of Process Act 1992
(Cth) (SEPA) where the application is for leave to serve a notice or
summons issued under s 95 or 96 of the
Corruption, Crime and
Misconduct Act 2003
(WA);
(f)
documents presented for filing pursuant to Part 6 of the SEPA and
O 81B of the Rules; and
(g)
any other documents presented for filing for the purposes of an
application by a non-party to the proceeding to intervene, or to be
joined as a party to the proceeding, or to otherwise be heard.
12. It is not mandatory to file documents using the ECMS in SJA matters,
however the filing party may choose to electronically
file documents
using the ECMS.
13. For filing requirements in relation to applications or proceedings under
the
Criminal Property Confiscation Act 2000
, refer to Practice Direction
9.10.
14. Paragraph (j) of O 67A r 3(1) provides an exemption from mandatory
filing using the ECMS where a class of persons is declared in the
Practice Directions to be exempt from filing by ECMS. By this Practice
Direction, persons who are serving a term
of imprisonment as at the
1. Supreme Court Registry & Court of Appeal Office
PD 1.1.4
Supreme Court of Western Australia
Consolidated Practice Direction
date that a document is presented for filing are a class of persons
declared to be exempt.
15. Non-parties who wish to file documents are not to present any
documents for filing electronically using the ECMS unless permitted to
do so by the Principal Registrar. A non-party may apply for permission
in writing to the Principal Registrar. The application may be made by
letter or email addressed to the associate
to the Principal Registrar
–
refer to
website
for contact details.
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