Commonwealth Numbered Regulations

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1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 8

8. Order 2, new rule 4A
8.1 After Order 2, rule 4, insert: Refusal to accept document for filing

"4A. (1) A Registrar may refuse to accept a document for filing, if:

   (a)  it is not in proper form in accordance with these Rules; or

   (b)  it is not executed in the way required by these Rules; or

   (c)  the document, on its face, appears to the Registrar to be an abuse of
        process or frivolous, scandalous or vexatious; or

   (d)  the document is filed in connection with pending proceedings in
        another court or another registry, and the registry is not the
        appropriate registry.

"(2) If a Registrar refuses to accept a document for filing, the person who
sought to file the document may apply to the court for review of the
Registrar's decision.

"(3) A Registrar must accept an application for review of a decision not to
accept a document for filing.

"(4) An application under subrule (2) must be made ex parte, in the first
instance.". 


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