Jadwan Pty Ltd v Rae & Partners (A Firm) (No 2) [2017] FCA 551

Jadwan Pty Ltd v Rae & Partners (A Firm) (No 2) [2017] FCA 551

The least inconvenient course is to dispense with requirements that prevent the USB being accepted as the Court Book, provided it is securely stored, and to require parties to upload documents to the ECF when tendering them, ensuring availability as part of the official record.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Application / Interlocutory Orders Regarding Filing of Court Book
Outcome
Interlocutory orders made dispensing with certain Federal Court Rules requirements and permitting filing and use of a USB as the Court Book, with conditions regarding ECF uploading.
Legal Topics
['court Book Filing' 'electronic Court Records' 'compliance With Court Orders']
['civil Procedure'] ['court Book Filing' 'electronic Court Records' 'compliance With Court Orders']

Case Brief

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Procedural Posture

Application / Interlocutory Orders Regarding Filing of Court Book

Legal Issues

  1. 1 ['Whether the Court should accept a USB drive as the Court Book due to the volume and technical limitations of electronic filing' 'Whether any requirements of the Federal Court Rules 2011 preventing the Registry from accepting the USB for filing should be dispensed with' 'Whether further requirements should be made for uploading documents to ECF to form the official court record']

Ratio Decidendi

The least inconvenient course is to dispense with requirements that prevent the USB being accepted as the Court Book, provided it is securely stored, and to require parties to upload documents to the ECF when tendering them, ensuring availability as part of the official record.

Court Disposition

Interlocutory orders made dispensing with certain Federal Court Rules requirements and permitting filing and use of a USB as the Court Book, with conditions regarding ECF uploading.

Orders

  • ['Any provision of the Federal Court Rules 2011 preventing the USB being accepted for filing as the Court Book is dispensed with.' 'The USB delivered by the Applicant be accepted for filing as the Court Book.' 'The USB be retained by the Registry until the conclusion of proceedings and expiry of any appeal.' 'The...