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Practice Note No. SC GEN 03
Practice Note SC GEN 03 - Copying of court documents
Commencement
1. This Practice Note was issued on 30 September 2013 and commences on 7 October 2013.
Application
2. This Practice Note applies to the Court of Appeal, Court of Criminal Appeal, and the Common Law and Equity Divisions of the Supreme Court.
Definitions
3. In this Practice Note:
(a) Approved firm means a firm approved by the CEO & Principal Registrar (CEO) under this Practice Note or former Practice Note 107;
(b) Documents means documents on a court file or documents produced in answer to a subpoena, notice to produce, order to produce, or tendered as an exhibit in the proceedings; and
(c) Person means a party or other person who is entitled to access documents or who is granted access to documents.
Introduction
4. The purpose of this Practice Note is to facilitate access to documents by:
Procedure for use of approved firm
5. Where a person has access to documents and has not used a portable scanner, unless the Court otherwise orders, this access will be taken to:
(a) authorise the person to appoint an approved firm;
(b) authorise the appointed approved firm to uplift the documents from the Registry (upon producing proof of appointment);
(c) to make copies and to provide them to the person; and
(d) require the firm to return the documents to the Registry within 2 working days of uplifting them.
6. An approved firm may be appointed to act on behalf of more than one person.
7. Where a person is granted photocopy access but the Court declines to allow uplifting of documents, the person may ask the Registry to copy the documents. A fee per page will be payable for this service.
8. Inspection of the original documents may only be undertaken at the registry. A person may not inspect the original documents whilst they in the possession of the approved firm except with approval of a registrar.
Applying to become an approved firm
9. The CEO may, on the Court’s behalf, issue a certificate approving a legal copier firm, where satisfied that the firm has:
(a) completed the approved legal copier firm agreement (Schedule 1);
(b) reliable systems for speedy, confidential and secure processing of documents entrusted to it; and
(c) holds satisfactory insurance coverage, lodges a bond or provides other satisfactory means of meeting claims arising from loss, damage or misuse of documents entrusted to it.
10. The CEO may revoke a certificate by written notice to the approved firm. Seven days’ notice of revocation will be given.
11. The names and contact details of each approved firm are available and will be displayed on the “Practice and Procedure” page on the Court’s website: www.supremecourt.lawlink.nsw.gov.au
Scanning of documents
12. Personal scanners and notebook computers may be used in the registry by persons granted access to documents, subject to the availability of space and power supply.
T F Bathurst
Chief Justice of New South Wales
30 September 2013
Amendment History:
30 September 2013: This Practice Note replaces the previous version of SC Gen 3 that was issued and on 16 June 2010.
16 June 2010: This Practice Note replaced the previous version of SC Gen 3 that was issued and on 17 August 2005.
17 August 2005: Practice Note SC Gen 3 replaced Former Practice Note No.107.
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