Commonwealth Numbered Regulations

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1994 No. 25 FAMILY LAW RULES (AMENDMENT) - RULE 3

3. Order 2, new rule 7 (Filing a document by facsimile transmission)
3.1 After subrule 2 (6), insert: Filing a document by facsimile transmission

"7. (1) Any document to be filed, except an application referred to in Order
7, Division 2 or a subpoena, may be lodged by facsimile transmission if:

   (a)  the matter is urgent; and

   (b)  where the party filing the document is not legally represented-the
        party lives more than 20 kilometres from the registry; and

   (c)  where the party filing the document is legally represented-the legal
        representative's principal office is more than 20 kilometres from the
        registry; and

   (d)  it is not practicable to lodge the document in the registry in any
        other way.



"(2) A document to be filed must not be lodged by facsimile transmission in
any other circumstances without the leave of the court.



"(3) Unless the court otherwise directs, if a document is lodged by facsimile
transmission it must be accompanied by a letter to the Registrar, signed by
the unrepresented party or the party's legal representative, explaining:

   (a)  the nature and immediacy of the damage or harm that may result if the
        document is not lodged by facsimile transmission; and

   (b)  any other circumstances that justify lodging the document by facsimile
        transmission instead of lodging it in the registry.



"(4) If a document is lodged by facsimile transmission, the party filing the
document must lodge the original document in the registry within 7 days after
it was sent by facsimile transmission.



"(5) The cover sheet of the original document must be endorsed to the effect
that the document is the original of a document previously lodged by facsimile
transmission.". 


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