Terms & Conditions

1. Agreement to terms and conditions

1.1 The ORW is available to You on the terms and conditions set out herein. By accessing and using the ORW, You agree to be bound by and to comply with the terms and conditions set out below. If You do not accept any of these terms and conditions, you must exit immediately.

1.2 Specific areas of the ORW provide access to specific Applications. You may have to be registered as a user and be issued with a password in order to access an Application. There may also be Application Specific Conditions which must be agreed to by You prior to getting access to an Application. You must also comply with all applicable practice notes, policies and guidelines governing the use of an Application when using the Application.

2. Definitions

2.1 In these terms and conditions, unless the context otherwise require:

"Application" means the 'Online Court' application and any other applications which may from time to time be made available on the ORW;

"Application Specific Conditions" means the application-specific terms and conditions which apply to the use of an Application;

"DCJ", "We", "Our" or "Us" means the Crown in right of the State of New South Wales, acting through the Department of Communities and Justice (formerly NSW Department of Justice);

"DCJ's General Copyright, Disclaimer and Linking Policy" means the general provisions dealing with copyright, trademarks, disclaimers and linkage displayed on the webpage accessed through the 'Copyright and disclaimer' link at the bottom bar of this webpage, as amended from time to time by DCJ;

"DCJ's General Privacy Policy" means the general provisions dealing with privacy displayed in the webpage accessed through the 'Privacy' link at the bottom bar of this webpage, as amended from time to time by DCJ;

"General Conditions" means these terms and conditions for the use of the ORW, as amended from time to time;

"Material" means any audio, data, document, graphics, information and video on the ORW or any Application;

Online Registry” or “ORW” means the online registry website, being that part of the DCJ's website operating under the registered domain of 'www.lawlink.nsw.gov.au' and 'www.justice.nsw.gov.au' that contains the homepage, webpages, files and documents relating to the online registry that may, from time to time, be provided or made available by DCJ;

Online Registry Secure Services” means the services listed as such on the ORW from time to time;

"User" means any person or other legal entity using the ORW and any Application;

"Viruses" includes any computer program that can copy itself and infect a computer and includes any worms, trojans, spyware, adware and any other malicious and unwanted software; and

"You" or "Your" means the person who accepts the General Conditions, either personally or on behalf of a company or other legal entity and includes, if acceptance is on behalf of a company or other legal entity, the company or other legal entity's officers, employees, agents and contractors.

3. Relying on the information

3.1 The Material available on the ORW is provided for general information only. Changes in circumstances after the Material is placed on the ORW, may impact the accuracy of that Material. You use the Material available on the ORW at Your sole risk. Before relying on the Material in any important matter, You should:

(a) carefully evaluate the accuracy, currency, completeness and relevance of the information for the purpose for which it is to be used; and
(b) obtain any appropriate professional advice relevant to Your particular circumstances.

4. Terms of use

4.1 You agree to use the ORW and any Application in a lawful, ethical and responsible manner and to follow any instructions, practice notes, policies and guidelines provided or issued by DCJ and any court, tribunal or like body of New South Wales (as the case may be) for the use of an Application.

4.2 You must not use the ORW or any Application:

(a) to interfere, disrupt or violate the rights or privacy of other Users;
(b) to interfere or disrupt any Court processes;
(c) to lodge or upload documents and/or materials onto an Application where such documents and/or materials:

(i) have no connection with the purpose for which the Application was designed;
(ii) contain Viruses, files or programs designed to interrupt, interfere, limit or destroy the functionality of other computer software or hardware; and/or

(d) for any illegal or unlawful purpose.

4.3 You must not:

(a) attempt to access, download or exploit any materials or resources on the ORW that You are not authorised to access or encourage inappropriate levels of access or exploitation by others;
(b) interfere with, disrupt, tamper, or create an undue burden on the ORW or on any Application;
(c) use any robot, spider or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the ORW or on any Applications; and/or
(d) use the ORW or any Applications with the assistance of any automated scripting tool or software.

4.4 If a registered user of the ORW You must keep Your user login and password secure (this includes not sharing or divulging Online Registry passwords with colleagues or clients who do not have an Online Registry log-in and password).

4.5 The information that You supply to the ORW, including for the purpose of applying to become a registered user, filing court forms or using other ORW services, must be complete and accurate, with correct attachments if required.

4.6 DCJ:

(a) accepts no responsibility for the consequences of filing any incomplete and inaccurate documents;
(b) may, at its discretion, suspend or terminate Your access to and use of the ORW as a registered user if You supply incomplete or inaccurate information, fail to comply with these terms and conditions, fail to comply with the terms and conditions of Your eOrganisation agreement if applicable, or otherwise misuse the ORW.

5. Variation

5.1 The ORW is an evolving scheme of web-based services. DCJ reserves the right to:

(a) change, upgrade, replace or discontinue any feature, service or Application (or part thereof) on the ORW; and
(b) change the pricing for any chargeable service or feature on the ORW, at any time.

5.2 DCJ reserves the right, from time to time at its sole discretion, to change the General Conditions, the Application Specific Conditions and/or any application-specific practice notes, policies and guidelines. You must periodically check:

(a) this section of the ORW; and
(b) the applicable webpage(s) of any Application which You use,

to see if any of the changes affect You. By Your continued use of the ORW and/or any Application, You are deemed to have agreed to any such changes. If You do not agree to any changes You must cease using the Application and/or the ORW and must exit the same.

6. Service availability

6.1 DCJ will endeavour to have the ORW and the Applications available 24 hours a day 7 days a week. However, it is impossible for DCJ to ensure that the ORW or any Application is available at all times or at any specific times or will be able to operate at all times error-free. DCJ makes no representations or warranties that Your access to the ORW or any Application will be uninterrupted, timely, secure or error free but all reasonable efforts will be made to provide the best possible service to You. You should ensure that You have other means of undertaking urgent or time-sensitive transactions and obtaining information, if for any reason the ORW or any Application is unavailable.

6.2 DCJ reserves the right to suspend the availability of the ORW or any part of the ORW or any Application at any time. The Department accepts no liability if the ORW or any Application is temporarily or even permanently unavailable.

7. Security

7.1 Where appropriate, DCJ uses available technology to protect the security of communications made through the ORW. However, DCJ does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the ORW. Internet communications may be susceptible to interference or interception by third parties.

7.2 DCJ does not guarantee that the ORW and any information or material contained in, or downloaded from or accessible from an Application, will be free from computer Viruses or other defect or error. You are responsible for installing and implementing your own anti-virus and other protection programs to protect your software and hardware systems.

7.3 DCJ reserves the right to record, monitor and audit all Online Registry use by registered users.

8. Receiving emails

8.1 As a registered user of the ORW You:

(a) agree to receive to Your email address, as given in Your application for registration, all emails sent by DCJ to registered users regarding security issues that may affect the ORW from time to time; and
(b) must promptly read all DCJ emails sent to your registered email address regarding such security issues.

9. DCJ's General Copyright, Disclaimer and Linking Policy and other disclaimers

9.1 The provisions set out in DCJ's General Copyright, Disclaimer and Linking Policy are deemed to be incorporated in and to form part of these General Conditions. To the extent that they are not inconsistent with any applicable Application Specific Conditions, You agree to comply with the relevant provisions of the same.

9.2 Except to the extent that are expressly set out in any applicable Application Specific Conditions:

(a) to the extent permitted by law, DCJ excludes any and all warranties in respect of the use of the ORW and any and all Applications available on the ORW including, without limitation:

(i) the downloading or use of documents, data and other materials from the ORW or an Application;
(ii) the filing of documents and other materials through an Application; and/or
(iii) the exchange of communications or information through the ORW or an Application.

(b) You assume the risk of using the ORW and any Application available on the ORW. DCJ's liability for breach of any undertakings or warranty including any statutory warranty, is limited to the resupply of the relevant services or the payment of the cost of having those services re-supplied. Under no circumstances will DCJ be responsible for any special or consequential losses including loss of opportunity, loss of profits and loss or damage to your computer hardware and software.

9.3 Clause 9.2 does not limit the operation of the disclaimers set out in the DCJ's General Copyright, Disclaimer and Linking Policy.

10. Privacy

10.1 Unless otherwise indicated, the DJC's General Privacy Policy applies to the webpages of the ORW. A different privacy policy applies to:

(a) the Online Registry Secure Services applications; and
(b) the 'Online Court' application.

11. Governing law and jurisdiction

11.1 These General Conditions and Application Specific Conditions are governed by and will be construed in accordance with the laws of the State of New South Wales and are subject to the exclusive jurisdiction of the Courts of New South Wales.

Updated November 2019