Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples 1. Overview 1.1 How does the eLodgment system work? eLodgment automates the production and lodgement of court documents. When creating a document the system automatically inserts into the document any information already in the system (eg party names). This level of automation means that the registered user can focus on the substance of the document. Where the substance of the document requires the party to enter more than a few lines of text, eLodgment provides the party with the option of uploading a ‘Word’ document. The text entered, and any uploaded ‘Word’ document, are added to the pro formas in the system to form the court document. The registered user has the option of reviewing the document in draft. Once the user has settled the document, the user authorises it to be filed at the court. The document is automatically entered into the courts’ electronic file management system. eLodgment also provides for the payment of any filing fees - see: 6.1 filing fees? and 6.2 How do I pay court What do I need to do if my client wishes to have fees waived or deferred? Once registered for eLodgment, a user can access the eLodgment facility in place for the Supreme Court, the District Court and the Magistrates Court. 1.2 Why should I use eLodgment? The main benefit gained by registered users is the ability to file documents at the court without the need to physically attend at the Registry. eLodgment is available 24 hours a day, seven days a week, subject to the courts’ rules covering the electronic lodgement of documents. eLodgment saves firms and their clients the expense of sending an outside clerk down to court to lodge documents. There are no extra filing fees for using eLodgment. 1.3 Who can use eLodgment? To use eLodgment you will need to be a registered user. eLodgment is designed to be used by law firms, government departments and local municipalities. In order for the system to be efficient, it assumes a basic familiarity with the practice and procedure of the courts. It is not 1 Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples the current practice of any court to allow self-represented litigants to become registered users and access eLodgment. Other online systems have been specifically developed for self-represented litigants. These are: Magistrates Courts Online Forms, which accommodates the online creation and lodgement of: Form 3 General Procedure Claim; Form 4 Minor Case Claim; Form 6 Consumer Trader Claim Minor; Form 7 Consumer Trader Claim General (these also include the Declaration of Small Business Form). Form 6 Residential Tenancy and Form 12 Residential Tenancy can be created through Magistrates Online Forms but they are for download only, and cannot be lodged online. This system can be accessed through www.magistratescourt.wa.gov.au. Supreme Court Probate Online Forms is an e-wizard designed to simplify the process for non-contentious probate applications. At the end of the wizard, the system will produce the motion, affidavit, statement of assets and liabilities and the renunciation schedule (if applicable). The applicant can download, save and print the application which must be lodged in person at the Supreme Court Probate Registry. The wizard does not allow the user to lodge the application online. Probate Online Forms is accessible from www.supremecourt.wa.gov.au. 1.4 Where is eLodgment Authorised? In the Supreme Court, eLodgment is authorised by Rules of the Supreme Court 1971(“RSC”) O67 r20. O67 r.20 requires that eLodgment occur by means of the Court's website. The Supreme Court has approved a website for the purposes of eLodgment only. In the District Court, eLodgment is authorised by District Court Rules 2005 (“2005 DCR”) r20. The District Court of Western Australia has approved a website address in accordance with rule 20 for the purposes of filing and lodgment of documents. In the Magistrates Court, eLodgment is authorised by Magistrate Court (General Rules) 2005 (“MCR”) r12(1). The Magistrates Court of Western Australia has approved a website address in accordance with MCR r12(1) of the Rules for the purposes of filing and lodgment of documents. 2 Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples 2. Technical information 2.1 Do I need any special software to use eLodgment? No special software is required to use in eLodgment other than a web browser. 2.2 Is there a limit on the size of the document I can lodge? The size limit on documents and on attachments is 2mb. 2.3 What security measures are in place? The first line of security is provided by the registered user process. Only law firms and other appropriately qualified professional users are able to access the system. The registration process means that the data in the system cannot be ‘crawled’ using an internet search program. Once a registered user has logged in, the level of access depends on whether or not the registered user is also the solicitor on the record for a party in an action. Where the registered user is a solicitor on the record, then, and only then, does the user have the ability to lodge documents on behalf of that party in the action. The exception is the document by which representation is first advised (memo of appearance) or change of representation is effected. The eLodgment system has been configured so that once a document has been lodged, it is locked in the system so that neither other users nor court staff can access the system and change the documents. 3. Registration 3.1 How do I register my organisation? To register your organisation you will need to complete and submit an application form. This form requires you to identify your organisation, the individuals to be registered and their required access level. Once your named users have been confirmed as being registered, they will be able to access the eLodgment application. If your organisation is already registered for eLodgment, but you want other users registered, you will need to complete a separate form. 3 Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples 3.2 What is meant by access levels? There are two types of access level, Standard and Manager. Standard access allows the individual to create edit, save and delete documents and batches (when a document is created it is placed into a batch, allowing you to lodge more than one document at once). Manager access allows the individual to do all this plus they can create a direct debit account and are able to lodge documents and pay any lodgement fees. Manager access is also required to add or remove users within an organisation. 3.3 How do I update or remove a users’ access? To remove or update a user’s access you will need to complete and submit a user update form. 4. Lodging documents – general information 4.1 What documents can I file through eLodgment? In the Supreme Court, only a Writ of Summons – Indorsement of Claim and a Writ of Summons – Statement of Claim can be filed through eLodgment. In the District Court, as a general rule, all the documents required to run a standard action can be filed through the eLodgment. In the Magistrates Court, there are currently two forms that can be filed through eLodgment. They are Form 3s (General Procedure Claims) and Form 4s (Minor Case Claims). The eLodgment system is in the process of being expanded with the intent that all documents in all courts will be able to filed through eLodgment. 4.2 Can I check a draft before lodging it? Yes, eLodgment will provide you with an opportunity to review a draft. Draft documents have the word ‘draft’ embedded into the document as a watermark. 4.3 How will a claim or a writ be sealed? When a claim or a writ is lodged through eLodgment, it will be allocated an action number through the eLodgment system. The sealed service copy, with the action number, will be 4 Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples electronically returned to the user who filed the document. This electronic service copy will have the Court seal embedded in the document as a watermark 4.4 How will I know if the application has been successfully lodged? Documents filed through eLodgment are electronically filed directly into the courts’ electronic file management system. This is a more advanced system than one in which an image of the document is emailed to the court and then at some later stage printed out by registry staff and placed on the court file. As part of the eLodgment process, the user will receive an on screen confirmation that the document has been successfully filed. The time taken to lodge a document will vary depending on a number of issues including the user’s familiarity with the system, internet traffic and the user’s operating system. Confirmation of lodgement is given in the form of a running progress screen which indicates to the user at which stage the payment and lodgement process is at. The lodgement time could take between 30 seconds and five minutes, depending on the number of documents contained within the batch. 5 Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples 5. Lodging documents – Magistrates Court 5.1 What eLodgment facilities are available for the Magistrates Court? In the Magistrates Court, there are currently two forms that can be filed through eLodgment. They are Form 3s (General Procedure Claims) and Form 4s (Minor Case Claims). The eLodgment system is in the process of being expanded with the intent that all documents in all courts will be able to filed through eLodgment. 6. Court fees 6.1 How do I pay court filing fees? eLodgment contains the capacity for court filing fees to be paid online. There are two ways the court filing fees can be paid. The first is to pay the relevant fees using a credit card as part of the lodgement process for each document batch. The court accepts Mastercard or Visa card. The court does not add any credit card fee to the amount of the filing fee. The user pays the same amount when lodging online with a credit card as they do when lodging over the counter and paying via cash. The second is to establish a direct debit link between the eLodgment system and the registered user's bank account. At the point of lodgement of a document batch, the user will be asked to authorise deduction of the relevant filing fees from the user's bank account using the direct debit. To put in place a direct debit facility, a user with Manager access will need to create the direct debit component of eLodgment. 6.2 What do I need to do if my client wishes to have fees waived or deferred? Applications for fee waivers or deferrals need to be completed and submitted manually. The relevant forms are at the following links: 6 Last updated 19 February 2009 eLodgment Frequently Asked Questions Detailed Answers and Examples Supreme Court (Fees) Regulations 2002 Form 2 District Court (Fees) Regulations 2002 Form 2 Magistrates Court (Fees) Regulations 2005 Form 2 7. Search functions 7.1 What can I search if I am a registered user? At this stage there is no ability for a registered user to conduct searches in Magistrates Courts. 8. Help and support 8.1 Is there any online assistance? Yes, eLodgment has a comprehensive help application which covers all standard eLodgment processes. 8.2 Who do I contact if I have a difficulty with eLodgment? If the difficulty concerns the technical operation of eLodgment, then you should contact the Courts Technology Group Helpdesk on (08) 9425 2645 from 8.15am to 4.45am Monday to Friday, or you can send a message to ctghelpdesk@justice.wa.gov.au at any time. If your difficulty concerns the eLodgment system in general, or the court's processes, then you should contact the court directly. At Magistrates Court please call the Perth Civil Registry on (08) 9425 2222, at the District Court you can call the Civil Case Management on (08) 9425 2230 and for enquires at the Supreme Court the number is (08) 9421 5333. 8.3 How do I suggest improvement to eLodgment? You can direct feedback to the Courts Technology Group Helpdesk via the details above. They will then direct such comments to the appropriate officer who will liaise directly with the user. 7