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**** Significant delays expected for providers who do not use efiling ****
With the NSW Court system JusticeLink eServices successfully working, JusticeLink have advised that the old Bulk Filing System will be shut down on the 28th of June 2010.
This will present a number of different scenarios & implications for each scenario for everyone who takes legal action in NSW to recover monies owed including;
- People who use a provider like LCollect that is using eServices to lodge SLC's, Judgments & Writs
- People who do not use a provider that is using eServices to lodge SLC's, Judgments & Writs
- Post Judgment Enforcement Action (other than Writ that is not yet available on eServices).
- Legacy matters where action was not initiated on the new JusticeLink eServices system.
LCollect can lodge all documents through JusticeLink on your behalf. To gain all the benefits of JusticeLinks new eServices, contact us now. To find out more about the benefits & avoid the negative scenarios outlined below, read here.
1. People who use a provider like LCollect that is using eServices to lodge SLC's, Judgments & Writs;
This is the best possible position to be in. Your SLC's, Judgments and Writs can be processed very quickly, not having to wait for the Local Court to process them. This puts you in full control of your matter. An example of this is our turnaround time is now averaging 24 hours from receipt of instruction. In some instances it has taken is 2 hours from receipt of instruction to having a PDF Copy of the SLC.
The new JusticeLink eServices system has proven to be an excellent system that has significantly improved the way providers liaise with the court.
2. People who do not use a provider that is using eServices to lodge SLC's, Judgments & Writs - SIGNIFICANT DELAYS EXPECTED;
This will present a number of problems and requires further background explanation.
JusticeLink have advised;
"While JusticeLink is performing well, a significant number of high volume users are not yet ready to electronically file. Therefore, we will be providing extra time to enable us to test an alternate strategy to provide a capability to lodge Statements of Claim (No Listing) for bulk filers into the legacy system beyond the JusticeLink Go Live, as a short term solution (we have been advised to the 28th of June). The legacy system needs to be de-commissioned and all matters transitioned to JusticeLink to gain full advantage of the new system."
Liaising with our own Local Court - North Sydney - we have been advised that we are the only user of this court that is using the JusticeLink eservices. Given the statement made from JusticeLink, we expect this to be the scenario across many courts.
What are the implications of this when the old bulk filing method is switched off for users who cannot lodge electronically?
The high volume users not taking up the system (due to a number of factors including not wanting to spend the time or money involved in development, need more time to test etc) will have to lodge there documents manually in person in the Local Court. We have been advised that Local Courts will only be accepting 5 documents a day per user, and users seeking to lodge more than 5 will have to leave these documents for later processing.
We anticipate that the Locals Courts will be inundated with manual paper work that will create significant delays as they lose the benefits of the old legacy system for high volume users (who have not taken on the new system). This may cause significant delays in processing of manual documents.
Therefore, if you are in this scenario & your provider has not upgraded to the new electronic lodgement eServices system, we would urge you to find one that does. Please contact us to avoid this scenario.
If you do not want to change providers but want the benefit of electronic lodgement, we can assist your current provider - have them contact us now.
3. Post Judgment Enforcement Action other than Writ that is not yet available on eServices
These will continue to be lodged manually until JusticeLink release upgrades - we expect that Garnishee orders will be available later this year.
The wider implications of what will happen to these manually lodged documents is unknown. Given consideration to the above raised issue of the courts being inundated with paper from high volume users, we are expecting that processing times will increase Dramatically for all our Post Judgment Enforcement actions (excluding Writs).
This is something that is out of our control, and we will be working closely with our Local Court to manage this situation.
4. Legacy matters that were not commenced in the new JusticeLink system
JusticeLink have advised us that it is not recommended to use eServices to electronically lodge documents on legacy matters that have been transferred from there old database. As there system develops and improves, this may change in the future, however it is unlikely to change in the near term. Therefore old legacy matters where action was commenced before May/June 2010, any further action will have to be taken using manual lodgement until otherwise recommended by JusticeLink.
If you have any questions or concerns, please contact us. We will provide further updates on processing times as this unfolds.