Practice Note No. 40
REPEALED - Filing Documents
1. On 1 January 1987, far-reaching changes to the rules
relating to the filing of documents came into effect
by virtue of Amendment 188 of 1986 to the Supreme
Court Rules. Briefly -
(a) some classes of documents are no longer to be filed at all;
(b) some classes of documents are to be filed only by being handed up in court;
(c) some documents may be filed by post or document exchange; and
(d) some documents must be filed in person at a Registry or office of a clerk of the Court.
Details of the changes are set out below.
2. The following classes of documents are no longer to be
filed at all:
(a) Notice of claim that a right has been extinguished under the Limitation Act (Pt 5, r SB);
(b) Notice to plead facts pleaded by a common money count (Pt 15, r 12(3));
(c) Particulars not set out in a pleading (Pt 16, r 6)
(d) Notice for discovery (Pt 23, r 1);
(e) List of documents giving discovery (Pt 23, r 2);
(f) Notice to answer interrogatories (Pt 24, r 1);
(g) Statement in answer to interrogatories (Pt 24, r 2);
(h) Copy of a proposed subpoena for the Court
(Pt 37, r 6M).
The following classes of documents are only to be filed
by being handed up in Court:
(a)a pleading (other than an originating process or a cross-claim);
(b)an affidavit, except an affidavit -
(i)required by or under any Act or any rule other than Pt 38, r 6 or by any order of the Court to be filed; or
(ii)for use in proceedings:
-on an application to which Pt 78, r 24, 25, 25A, 26, 26A or 28 (which rules relate to applications for probate etc.) applies;
-on an application for an order for the adoption of a child under the Adoption of Children Act 1965;
-in the Protective Division;
-on an application to be dealt with in the absence of the parties;
-for trial or hearing at a place outside Sydney.
4. An originating process, a cross-claim and an affidavit within the exceptions in sub-cls (i) and (ii) of cl 3(b) above are still required to be filed in a Registry or office as described in cl 5.
5. (1) Documents of a class required by the Rules to be filed in a Registry at Sydney, Lismore, Newcastle, Orange, Wagga Wagga or Wollongong may be:
(a) presented in person at that Registry;
(b) sent through the document exchange to that Registry;
(c) posted to that Registry;
(d) if it is the Sydney Registry, left in a box provided for that purpose in that Registry.
(2) Documents which may be filed at the office of a clerk of the Court at any other place must be presented in person at that office.
6. A document is not filed until it is accepted and dated by an officer of the Court. The date of filing is the date of acceptance.
7. Where a party filing a document by document exchange or post or by leaving it in the Sydney Registry box requires a copy to be returned, a pre-addressed envelope (stamped, if for return by post) and the copy should be enclosed with the document.
8. Where a filing fee is payable, that is to say, on an initiating process as defined in the Supreme Court (Fees and Percentages) Regulations, a cheque for the fee must accompany the initiating process. Where two or more initiating processes are to be filed, a separate cheque for each fee should accompany them.
9. Probate applications may be filed by document exchange or post or box in the Sydney Registry only. Probate applications must not be filed by document exchange or post or box where two years or more have elapsed since death.
10. This Practice Note does not purport to state exhaustively the effects of the Amendment and reference should be made to the Rules as thereby amended.
11. The announcement dated 12 February 1986 (published in Bulletin 20 of March 1986 of Ritchie's Supreme Court Procedure N.S.W. Service) relating to filing of affidavits ceased to have effect as of 1 January 1987.
9 February 1987