Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 1.10

When a document is filed

1.10.1     A document is filed in the Court if:

  (a)   it has been lodged with the Court in accordance with rule   1.07; and

  (b)   it is accepted in the Registry.

1.10.2     A Registrar must not accept a document lodged for filing unless any fee payable under the Fees Regulations for filing the document has been paid.

1.10.3     A Registrar must not accept a document lodged for filing if the document is subject to the direction of a Justice under rule   6.07 and the leave referred to in that rule has not been obtained.

1.10.4     A Registrar may refuse to accept a document lodged for filing if it appears to the Registrar that the document:

  (a)   is not substantially complete; or

  (b)   does not substantially comply with these Rules; or

  (c)   is not properly signed or executed.

1.10.5     A document that is accepted in the Registry is taken to have been filed:

  (a)   if a fee is payable under the Fees Regulations for filing the document:

  (i)   on the day the fee is received; or

  (ii)   if the fee is not received during the office hours of the office of the Registry at the capital city provided under paragraph   1.07.2(c)--on the next day the office is open; or

  (b)   if no fee is payable under the Fees Regulations for filing the document:

  (i)   on the day the document is received; or

  (ii)   if the document is not received during the office hours of the office of the Registry at the capital city provided under paragraph   1.07.2(c)--on the next day the office is open.

1.10.6     If a document is filed in the Court, a Registrar must insert as the first page of the document a page that records the date of filing.

1.10.7     If a page has been inserted as the first page of a document in accordance with rule   1.10.6, the page is taken to be part of the document for the purposes of these Rules.

 



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