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 court's electronic file management system.
eLodgment also provides for the payment of any filing fees - see: 5.1 How do I pay court filing fees? and 5.2 What do I need to do if my client wishes to have fees waived, reduced 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.
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 court's rules covering the electronic lodgement of documents. eLodgment saves firms and their clients the expense of sending an outside clerk to the court to lodge documents. There are no extra filing fees for using eLodgment.
eLodgment also enables registered users to search certain of the court's databases - see: 6.1 What can I search if I am a registered user? and 6.2 What documents can I view if I am the solicitor on the record?
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 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. In the Supreme Court this includes:
In the Supreme Court, eLodgment is authorised by Rules of the Supreme Court 1971 ("RSC") O.67 r.20. This rule requires that eLodgment occur by means of the Court's web site. The Supreme Court has approved a web site for the purposes of eLodgment only.
No special software is required to use in eLodgment other than a web browser. General conditions of use for this web site {link to document} details which browser versions are supported.
The size limit on documents and on attachments is 2MB.
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. See: 6.1 What can I search if I am a registered user? and 6.2 What documents can I view if I am the solicitor on the record?
Where the registered user is a solicitor on the record, then, and only then, does the user have the ability to lodge a writ of summons on behalf their client.
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.
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. Click here for a more comprehensive description of the registration instructions.
If your organisation is already registered for eLodgment, but you want other users registered, you will need to complete a separate form: see user update form.
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.
To remove or update a user's access a person with Manager access will need to complete and submit a user update form.
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 Supreme Court, only a Writ of Summons - Indorsement of Claim and a Writ of Summons - Statement of Claim can be filed through eLodgment.
The search functions of eLodgment are available for Supreme Court matters. See: 6.1 What can I search if I am a registered user? and 6.2 What documents can I view if I am the solicitor on the record?
Yes, eLodgment will provide you with an opportunity to review a draft. Draft documents have the word 'preview' embedded into the document as a watermark. Click here to see an example of a draft document.
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 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. Click here to see an example of a writ which has been filed through eLodgment.
Documents filed through eLodgment are electronically filed directly into the court's 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.
Service of documents by email is dealt with by RSC Order 72. In summary terms, for a document to be able to be served by email in the Supreme Court two things must be present:
If a document is capable of being filed electronically (for example a Writ of Summons) and the other party has provided an email address for service, then the rules allow the party filing the document to serve it by email.
Where documents have been filed through eLodgment, the service copy may be saved from the eLodgment system into the user's own computer system so as to facilitate service by email.
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.
Applications for fee waivers, reductions or deferrals need to be completed and submitted manually. The relevant forms are at the following links:
A registered user can search basic information on civil files in the Supreme Court. The information that can be gathered from this functionality includes:
The registered user who is not a solicitor on the record will not be able to view any documents filed through eLodgment.
A registered user who is the solicitor on the record in a particular action in the Supreme can view documents which have been lodged electronically in that action. For example, assume the plaintiff and defendant are both registered users. The plaintiff electronically lodges a Writ of Summons. The defendant can search the documents filed, note that Writ has been filed, click on it and an image of the document will appear. This image may be printed or saved.
A registered user who lodges a document can also retrieve and view the document via the 'search previously lodged documents' link on the main menu page.
If a registered user did not lodge the document, but they are on the record for another party in the action, then they can use the 'search matter' function at the bottom of the main menu page to display the relevant matter. A link will then be made available inviting users to view a list of lodged documents. Any document lodged electronically will then have a view link next to it, which will cause the document to display in MS Word when pressed.
Yes, eLodgment has a comprehensive help application which covers all standard eLodgment processes.
If the difficulty concerns the technical operation of eLodgment, you should contact the Courts Technology Group Helpdesk on (08) 9425 2645 from 8.15am to 4.45pm 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, you should contact the court directly. The Supreme Court number is (08) 9421 5333.
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.
