Part 3 Requirements and powers concerning documents, filing, service, transfer of proceedings, etc
Requirements for documents
28 Requirements applying to all documents in a proceeding
(1)
This rule applies to every document that the Act or these rules require to be filed, served, or issued.
(2)
The document must, in addition to the information that the Act or these rules require, include the following information (if known):
(a)
the name and place of the court dealing with the proceeding; and
(b)
the case number of the proceeding given by the court; and
(c)
the full name and address of each party to the proceeding (including, if the proceeding is brought on behalf of a person, the name and address of that person’s representative); and
(d)
the name and address of the lawyer (if any) acting for each party to the proceeding; and
29 Authentication
(1)
A document that is required by the Act or these rules to be filed, served, or issued must be authenticated by the person responsible for its content.
(2)
The person responsible for the content of a document authenticates it by—
(a)
signing and dating the document; or
(b)
in the case of a document in electronic form, using any electronic means that adequately identifies the person responsible for the document and the date of the authentication.
(3)
Despite subclause (2)(b), an affidavit and every other document that is required to be sworn must be signed and dated.
(4)
Every document referred to in subclause (1) must be treated as having been authenticated as required by this rule, unless there is evidence that it has not been.
Compare: SR 2012/415 r 2.2; LI 2014/344 r 9
Filing documents
30 Filing documents in court
(1)
A document is filed in court when—
(a)
the applicant (or a person acting on behalf of the applicant) delivers or sends the document to the court for filing in one of the ways listed in subclause (2); and
(b)
the Registrar accepts the document for filing.
(2)
A person may deliver or send a document for filing in a court by—
(a)
delivering the document to the court by hand; or
(b)
sending the document to the court by pre-paid post; or
(c)
sending the document, electronically, to an electronic system used by the registry of the court.
(3)
When a registry of the court receives a document sent electronically for filing, the registry must send an electronic reply confirming that the registry has received that document.
(4)
If a person sends or delivers to a registry of the court, for filing, a copy of an affidavit or a copy of any other document that is required to be sworn in a proceeding, the Registrar may require the person to file the original of that document.
Compare: LI 2014/344 rr 12, 13
31 Number of copies to be filed
(1)
When an application made on notice is delivered by hand or sent by prepaid post to the court for filing, the correct number of copies of those documents must also be filed.
(2)
In subclause (1), correct number of copies means same number of copies as there are persons who must be served with those documents.
Compare: LI 2014/179 r 20.34; LI 2014/344 r 14
Amending documents
32 Amending application or notice of opposition before service
(1)
A Registrar may amend an application before it is served if the Registrar receives a request from the applicant, in writing, to amend it.
(2)
A Registrar may amend a notice of opposition before it is served if the Registrar receives a request from the defendant, in writing, to amend it.
Compare: SR 2002/261 r 77; LI 2014/179 r 20.53
33 Amending documents in proceedings
(1)
The court may, at any stage of the proceeding, on its own initiative or on an interlocutory application by a party to the proceeding,—
(a)
amend a defect or an error in a document in the proceeding, whether or not the defect or error is that of the party applying to amend:
(b)
make any other amendment to a document in the proceeding that may be necessary for the purpose of ensuring that the real matter in dispute between the parties is determined.
(2)
After the court amends a document under this rule, the proceeding continues as if it had been started with the documents in the form in which they appear after the amendment is made.
Compare: SR 2002/261 r 78; LI 2014/179 r 1.12; LI 2014/344 r 17
Service of documents
34 Service of applications, orders, and directions
(1)
This rule applies if the Act, these rules, or an order or a direction of the court requires one of the documents listed in subclause (2) to be served on a person.
(2)
The documents are—
(a)
an application for an interim order:
(c)
an application for a direction, declaration, or order under section 19(4) of the Act:
(d)
an order made on an application referred to in paragraph (a) or (b):
(e)
a direction, declaration, or order made or given on an application referred to in paragraph (c).
(3)
The document must be served on the person in one of the following ways:
(b)
by service on a lawyer who accepts service of the document on behalf of the person (see rule 36):
(c)
electronically, if the person on whom the document is being served has an electronic address where the documents may be sent and where documents have been sent and received on earlier occasions.
(4)
This rule does not apply if, and so far as, the court dealing with an application gives directions about service that are different from the requirements in this rule.
Compare: LI 2014/344 r 32
35 Personal service
Personal service is carried out by leaving the document with the person who is to be served or, if that person does not accept it, by putting the document down in the person’s presence and pointing out that the document is being left for that person’s attention.
Compare: LI 2014/344 r 35
36 Service on lawyer accepting personal service on behalf of person
(1)
A lawyer accepts service of a document on behalf of a person by—
(a)
noting on a copy of the document that he or she accepts service of it on behalf of the person; and
(b)
signing and dating the note.
(2)
If a lawyer accepts service of a document on behalf of a person, the document must be treated as having been served on the date the lawyer signed the note, unless it is proved that the document was not served on that date.
Compare: LI 2014/344 r 36
37 Who can serve documents
(1)
A document must be served by—
(a)
an officer of the court; or
(b)
an individual who is authorised by the chief executive to serve documents under the Act; or
(c)
an officer or employee of a corporation that is authorised by the chief executive to serve documents under the Act; or
(e)
a Police employee authorised by the Commissioner of Police to serve documents under the Act.
(2)
A party may not—
(b)
be present when a document is being served.
Compare: LI 2014/344 r 34
38 Service at address for service
A document may be served at an address for service by leaving the document at that address between 9 am and 5 pm.
Compare: LI 2014/344 r 38
39 Methods of service if address for service is lawyer’s office
(1)
This rule applies if—
(a)
a party’s address for service is the office of the party’s lawyer; and
(b)
the party’s lawyer has given a document exchange box number or an electronic address as the method by which the lawyer will accept service on behalf of the party.
(2)
If this rule applies, a document may be served on the party by—
(a)
leaving the document at a document exchange for direction to the document exchange box number; or
(b)
transmitting the document to the electronic address.
Compare: LI 2014/344 r 39
40 Treatment of documents served on lawyer
(1)
A document left at a document exchange under rule 39(2)(a) must be treated as having been served on the earlier of the following days, unless it is proved that it was not served on that day:
(a)
the day on which it was received:
(b)
the second working day after the day on which it was left.
(2)
A document transmitted under rule 39(2)(b)—
(a)
before 5 pm on a working day must be treated as having been served on that day unless it is proved that it was not served on that day:
(b)
at or after 5 pm on a working day must be treated as having been served on the first working day after the day on which it was received unless it is proved that it was not served on that day.
(3)
A document transmitted under rule 39(2)(b) must be treated as having been received in a complete and legible form unless—
(a)
it is proved that the document was not received in that form; or
(b)
the lawyer receiving the document gave a notice in relation to the document as required by rule 41(1)(b).
Compare: LI 2014/344 r 40
41 Lawyer must acknowledge document transmitted electronically
(1)
A lawyer to whom a document is transmitted under rule 39(2)(b) must, promptly after receiving the document, give the person who served the document—
(a)
a notice acknowledging receipt of the document and confirming the date of service of the document; or
(b)
if the document is incomplete, illegible, or both incomplete and illegible when it is received, a notice stating that the document was incomplete, illegible, or both when it was received.
(2)
A notice under subclause (1) may be—
(b)
transmitted electronically.
Compare: LI 2014/344 r 41
42 Substituted service
(1)
The court may take any of the actions described in subclauses (2) to (4) if reasonable efforts have been made to serve a document under these rules and—
(a)
the document has not come to the knowledge of the person to be served; or
(b)
it cannot be served promptly.
(2)
The court may direct—
(a)
that, instead of service, specified steps be taken that are likely to bring the document to the notice of the person to be served; and
(b)
that the document must be treated as served on the happening of a specified event or on the ending of a specified time.
(3)
When steps have been taken for the purpose of bringing, or which have a tendency to bring, the document to the notice of the person on whom it is required to be served, the court may direct that a document be treated as served on that person on a specified date.
(4)
The court may, on any conditions that it thinks just to impose,—
(a)
dispense with service of a document on a person; and
(b)
give the party required to serve the document leave to proceed as if the document had been served.
Compare: LI 2014/344 r 42
43 Proof of service of document
(1)
Service of a document may be proved—
(a)
by a note on a copy of the document, or, where applicable, on a printout that records an electronic document, that—
(i)
shows the fact, date, time, and method of service; and
(ii)
is signed by the person who served the document; or
(2)
If the service of a document is proved by affidavit, it is unnecessary, unless the court otherwise directs, for a copy of that document to be annexed if—
(a)
either the original of the document or a copy of the document has, at the time of service, been filed in the court; and
(b)
the affidavit contains a description of the document that—
(i)
is sufficient to enable the document to be identified; and
(ii)
includes the date of the document (if the document is dated).
Compare: LI 2014/344 r 43
Transfer of proceeding or hearing
44 Transfer of proceeding
(1)
The court or a Registrar may order that a proceeding filed in a registry of the court (the original registry) be transferred to another registry of the court (the second registry) if the court or the Registrar is satisfied that the proceeding can be more conveniently or fairly dealt with in the second registry.
(2)
If an order is made under this rule,—
(a)
the Registrar of the original registry must send all the documents in his or her custody relating to the proceeding to the Registrar of the second registry; and
(b)
the Registrar of the second registry must enter the proceeding in the records of that registry.
(3)
After the proceeding is transferred, it continues as if it had been originally filed in the second registry.
Compare: LI 2014/179 rr 20.54, 20.55
45 Transfer of hearing
The court or a Registrar may order that the hearing of an application filed in a registry of the court be transferred to another registry of the court if the court or, as the case requires, the Registrar is satisfied that the application can be more conveniently or fairly heard in that other court.
Compare: SR 2009/257 r 7.34; LI 2014/179 r 20.55
46 Transfer with or without application
(1)
The court or a Registrar may order a transfer under rule 44 or 45—
(a)
after a party to the proceeding files an interlocutory application for that order and each other party to the proceeding has been given not less than 3 working days’ notice of that application; or
(b)
without a party filing an interlocutory application, if the court or the Registrar decides, in the circumstances of the proceeding, that it should make that order.
(2)
The applicant may ask the court to review a decision of the Registrar declining an application to transfer a proceeding or hearing and, in that case, the court may make any decision on the application that it thinks fit.
(3)
If an order is made for a proceeding or hearing to be transferred,—
(a)
the order must be written on the application; and
(b)
the Registrar must arrange for notice of the transfer to be given to all parties.
Compare: SR 2009/257 r 7.35; LI 2014/179 r 20.56
47 Procedure on transfer of hearing
(1)
If an order is made under rule 45 for the transfer of a hearing,—
(a)
the Registrar of the court registry where the application is pending (the original registry) must—
(i)
send all the documents in his or her custody relating to the proceeding to the Registrar of the court where the proceeding is to be heard (the second registry); and
(ii)
note the records of the court accordingly; and
(b)
the Registrar of the second registry must make an appropriate entry in the records of the court when the documents are received.
(2)
For the purposes of the hearing, the application must be dealt with as if it had been filed in the second registry.
(3)
When the hearing is concluded,—
(a)
the Registrar of the second registry must return all the documents relating to the proceeding, including every order that has been made in that proceeding, to the Registrar of the original registry; and
(b)
the Registrar of the original registry must record every order made in the proceeding in the records of the court.
Compare: SR 2009/257 r 7.37; LI 2014/179 r 20.58
Cases not provided for in Act or rules
48 Cases not provided for
(1)
If the Act or these rules do not provide for the procedure to be followed in the circumstances of a proceeding,—
(b)
the general practice of the District Courts applies.
(2)
Subclause (1) is subject to rule 49.
(3)
However, if the court is satisfied that none of the District Courts Rules 2014 are applicable in the circumstances of the proceeding, the court may give any directions about the procedure to be followed that the court thinks are necessary.
Compare: LI 2014/179 r 1.11; LI 2014/344 rr 6(2), 45
49 Application of District Courts Rules 2014
(1)
If, in the course of proceedings under the Act, a situation arises that is not provided for by these rules, any relevant provisions of the District Courts Rules 2014 apply, except the following provisions:
(2)
The application of rule 7.17(1) of the District Courts Rules 2014 is subject to rule 37 of these rules.
Compare: LI 2014/344 r 45