Division 2 Filing of documents

4.10   Filing generally

(cf SCR Part 1, rule 9A)

(1)  A person may lodge a document for filing in relation to any proceedings:

(a)  by delivering it to an officer of the court in the registry, or

(b)  by sending it by post to the registry’s business address, or

(c)  by sending it to the registry’s DX address.

(2)  Any person may lodge a document with an officer of the court for the purpose of its being filed in relation to proceedings, or proposed proceedings, in the court.

(3)  Unless acceptance of the document is subsequently refused by the court or by an officer of the court, a document is taken to have been filed when it is lodged for filing.

(4)  The court may refuse to accept a document for filing whether or not an officer of the court has accepted the document for filing.

(5)  An officer of the court may refuse to accept a document for filing in the following circumstances:

(a)  in the case of originating process:

(i)  if the location specified in the document as the venue at which the proceedings are to be heard is a location at which the court does not sit, or

(ii)  if the person on whose behalf the originating process is sought to be filed is the subject of an order of the Supreme Court declaring the person to be a vexatious litigant,

(b)  in the case of a document for which a filing fee is payable, if the fee has not been paid or arrangements satisfactory to the officer of the court have not been made for its payment.

Note. See also rule 3.4 in relation to the electronic filing of documents.

4.11   Case number or other unique identifier to be assigned to originating process

(cf SCR Part 1, rule 10; DCR Part 5, rule 3; LCR Part 5, rule 3)

(1)  When originating process is accepted for filing, a case number or other unique identifier is to be assigned to the proceedings commenced by the process.

(2)  On accepting originating process for filing, an officer of the court must endorse on the process the case number or other unique identifier assigned to the proceedings commenced by the process.

4.12   Lodgment of additional copies of originating process for service

(cf SCR Part 7, rule 6; DCR Part 5, rule 3; LCR Part 5, rule 3)

(1)  When filing originating process, a person may lodge additional copies for sealing.

(2)  On receiving such copies, an officer of the court:

(a)  must seal with the court’s seal a sufficient number of copies of the process for service on the other parties, and

(b)  if the process was filed by post or by use of an authorised DX system, must forward the sealed copies to the lodging party.

(3)  This rule does not apply in relation to originating process that is filed by means of an electronic case management system referred to in Part 3.

4.13   Place for filing

(1)  Subject to Part 3, a document (other than originating process) that is filed in relation to any proceedings must be filed:

(a)  subject to paragraphs (b) and (c), in the same registry as that in which the originating process was filed, or

(b)  if the proceedings have been transferred to another court, in the registry for that other court, or

(c)  if the court has ordered that documents are to be filed in some other registry, in that other registry.

(2)  In this rule, originating process does not include any process (such as a statement of cross-claim or cross-summons) by which a cross-claim is made.

4.14   Filing of notices on behalf of multiple parties

(cf SCR Part 11, rule 3)

Two or more persons filing the same notice of appearance, notice of motion or other notice in the same proceedings, by the same solicitor and on the same day, may do so by a single notice.

4.15   Court’s power to deal with scandalous matter in documents

(cf SCR Part 38, rule 8, Part 65, rule 5; DCR Part 30, rule 8, Part 47, rule 7; LCR Part 25, rule 8, Part 36, rule 8)

(1)  If any matter contained in a document on the court file is scandalous, frivolous, vexatious, irrelevant or oppressive, the court may order:

(a)  that the matter to be struck out of the document, or

(b)  that the document be placed in a sealed envelope on the court file, or

(c)  that the document be taken off the court file.

(2)  A sealed envelope referred to in subrule (1) (b) may not be opened except by order of the court.