Electronically filed documents

The Uniform Civil Procedure Rules 1999 (UCPR) include rules about electronic filing.

New rules were introduced in 2018 that allow the Principal Registrars of the Supreme and District Courts and Magistrates Courts to decide which documents are approved for electronic filing and conditions that apply (if any).

Below is a list of approved documents, and information about any conditions that apply.

Electronic lodgement (eLodgement) in Magistrates Courts is a system of electronic filing through an approved service provider that was established under the UCPR before the 2018 changes were introduced. Magistrates Courts eLodgement continues to apply under the amended rules.

Sworn documents

Sworn or affirmed documents are a special category of documents where additional rules apply for electronic filing.

To electronically file an affirmed or sworn document, it must be sent to the registry as an imaged document in the approved electronic file format, Portable Document Format (PDF) (refer to Principal Registrar (Magistrates Court) approval 3 of 2018 (PDF, 22.8 KB)).

The original affirmed or sworn document must be retained for 7 years from the date of filing. The party or solicitor filing the document must produce the paper form of the document if required by the court during that timeframe.

Following the 2018 UCPR amendments, only limited documents which were previously  approved for electronic filing by an approved service provider have been approved for electronic filing, and again only by an approved service provider. (See conditions attaching to approval as referenced in the table below).

Exempt sworn documents

Prescribed information from a sworn or affirmed document can, in some cases, be electronically submitted to the registrar instead of filing the document or an imaged copy of it. The registrar must acknowledge receipt of the information. The Principal Registrar of the Magistrates Court has approved the documents below as exempt where these documents are being filed by an approved service provider:

  • affidavit of service of the claim on the defendant
  • affidavit of debt
  • affidavit in support of Enforcement Hearing application
  • statement in support of an Enforcement Warrant application.

For details about prescribed information for the above documents, refer to Principal Registrar (Magistrates Court) approval 2 of 2018 (PDF, 39.7 KB).

In practice, the rules relating to exempt sworn documents apply to eLodgement.

Electronic filing in the Magistrates Court

Below is a list of UCPR forms that the Principal Registrar of the Magistrates Court has approved to be electronically filed in the Magistrates Court. It is limited to where these documents are filed by an approved service provider. Refer to the approvals detailed in the list below for this and other conditions which may apply to the approval.

UCPR form name and number

Does a condition attach to the approval

Approval

Claim (Form 2)

Yes

1 of 2018

Application (Form 9)

Yes

1 of 2018

Statement of Claim (Form 16)

Yes

1 of 2018

Request for default judgment (Form 25)

Yes

1 of 2018

Affidavit (Form 46)

Yes

1 of 2018

Enforcement hearing summons (Form 70)

Yes

1 of 2018

Request for consent order of registrar (Form 59A)

Yes

1 of 2020

Proposed draft order (Form 59)

Yes

1 of 2020

Affidavit (Form 46)

Yes

1 of 2020

Notice of discontinuance (Form 27)

Yes

1 of 2020

You may find information about Electronic lodgement (eLodgement) helpful.

Approvals of the Principal Registrar of the Magistrates Court

The following approvals are relevant to eLodgement:

Electronic filing in the Supreme and District Courts

Below is a list of UCPR forms that the Principal Registrar of the Supreme and District Courts has approved to be electronically filed in the Supreme and District Courts. Refer to the approvals detailed in the list below for this and other conditions which may apply to the approval.

UCPR form name and number

Does a condition attach to the approval

Approval

Request for consent order of registrar (Form 59A)Yes1 of 2020
Proposed draft order (Form 59)Yes1 of 2020
Affidavit (Form 46)Yes1 of 2020
Notice of discontinuance (Form 27)Yes1 of 2020
Certificate of Exhibit (form 47)Yes1 of 2020
Application for probate (Form 101)Yes1 of 2020
Application for letters (intestacy) (Form 102)Yes1 of 2020
Notice of intention to apply for grant (Form 103)Yes1 of 2020
Affidavit of publication (Form 104)Yes1 of 2020
Affidavit (probate application) (Form 105) and any exhibits*Yes1 of 2020
Affidavit (letters of administration with the will) (Form 106)*Yes1 of 2020
Affidavit (letters of administration on intestacy) (Form 109)Yes1 of 2020
Affidavit of plight (Form 111)Yes1 of 2020
Grant (Form 121)Yes1 of 2020
Application for a fee reduction by an individual (Form 131) and any accompanying documents. Only where it relates to the filing fee for obtaining a grant of probate or letters of administration (with or without the will).Yes1 of 2020
Application for a fee reduction by a corporation or trustee (Form 132) and any accompanying documents. Only where it relates to the filing fee for obtaining a grant of probate or letters of administration (with or without the will).Yes1 of 2020
Any subsequent document to be filed at the request of the registrar.Yes1 of 2020

* The original of the will identified in the affidavit as the last will of the deceased is to be provided to the registry.

You should also refer to the Electronic Lodgement of Estate Applications Protocol.

You may find information about Electronic lodgement (eLodgement) helpful.

Approvals of the Principal Registrar of the Supreme and District Courts

The following approvals are relevant to eLodgement: