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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 - RULE 2.05

How documents may be filed

  (1)   A document must be filed by electronic communication as permitted by the Court, unless it is not reasonably practicable to do so.

  (2)   If it is not reasonably practicable to file a document by electronic communication in accordance with subrule   2.08(2), it may be filed, in order of preference, by:

  (a)   emailing it to the registry; or

  (b)   delivering it to the registry; or

  (c)   sending it to the registry by post; or

  (d)   faxing it to the registry.

  (3)   A document is filed when:

  (a)   the filing fee has been paid (or an exemption or deferral applies); and

  (b)   the document is accepted for filing by the Registry Manager and sealed with the seal of the Court or marked with the stamp of the Court, as required by Division   2.4.

Note 1:   The Federal Court and Federal Circuit and Family Court Regulations   2012 provides that a document must not be filed in a registry of the Court unless the fee payable for the filing has been paid. The regulation also provides for an exemption or deferral of a fee, or payment of the fee on invoice, in certain circumstances.

Note 2:   For the design, custody and affixation of the seal and validity of stamps (see sections   178 and 179 of the Act).

  (4)   However, a document sent by fax or electronic communication, if accepted, is taken to have been filed:

  (a)   if the whole document is received by 4.30 pm on a day the Registry is open for business--on that day; or

  (b)   in any other case--on the next day the Registry is open for business.

Note:   Because of the Court's computer security firewall, there may be a delay between the time a document is sent by electronic communication and the time the document is filed.



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