New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 4.10

4.10 Filing generally

(cf SCR Part 1, rule 9A)

(1) A person may lodge a document for filing in relation to any proceedings--

(a) by delivering it to an officer of the court in the registry, or

(b) by sending it by post to the registry's business address.

(2) Any person may lodge a document with an officer of the court for the purpose of its being filed in relation to proceedings, or proposed proceedings, in the court.

(3) Unless acceptance of the document is subsequently refused by the court or by an officer of the court, a document is taken to have been filed when it is lodged for filing.

(4) The court may refuse to accept a document for filing whether or not an officer of the court has accepted the document for filing.

(5) An officer of the court may refuse to accept a document for filing in the following circumstances--

(a) in the case of originating process--

(i) if the location specified in the document as the venue at which the proceedings are to be heard is a location at which the court does not sit, or

(ii) if the person on whose behalf the originating process is sought to be filed is the subject of an order of the Supreme Court declaring the person to be a vexatious litigant,

(b) in the case of a document for which a filing fee is payable, if the fee has not been paid or arrangements satisfactory to the officer of the court have not been made for its payment.

Note--: See also rule 3.4 in relation to the electronic filing of documents.