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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 2.23

How documents may be filed

  (1)   A document must be filed electronically 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 electronically, the document may be filed:

  (a)   by delivering it to the registry; or

  (b)   by sending it to the registry by post.

  (3)   A document is filed when:

  (a)   the document is accepted for filing by the Registry Manager by affixing the seal of the court or a court stamp, as required by Part   15.1; or

  (b)   a judicial officer orders, or directs, that the document be taken to have been filed.

  (4)   A document that is accepted for filing by the Registry Manager under paragraph   (3)(a) is taken to have been filed:

  (a)   if the document is received by 4.30 pm by legal time in the location of the filing registry on a business day--on that day; or

  (b)   in any other case--on the next business day for the filing registry.

  (5)   Except as otherwise required by these Rules or an order, a document to be relied on in a court event must be filed at least 1 day before the date fixed for that event.

  (6)   A Judge or Judicial Registrar may require a party to give an undertaking to pay a filing fee before accepting a document for filing.

Note:   Regulation   2.11(3) of the Family Law (Fees) Regulations   2022 permits a Judge or a Judicial Registrar to allow a document to be filed despite the required fee not being paid.

  (7)   A person who pays money into court must file a Notice of Payment stating the amount and purpose for which the money is paid into court.



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