Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A document that is required or permitted by these Rules to be filed or lodged may be:
(a) presented to a Registry when the Registry is open for business; or
(b) sent by post to a Registry with a written request for the processing required; or
(c) sent by document exchange by being left, addressed to the Federal Court of Australia, at its box at the Australian Document Exchange, with a written request for the processing required; or
(d) sent by facsimile transmission to a Registry in accordance with rule 5AB; or
(e) sent by electronic communication to a Registry in accordance with rule 5AC.
(2) However, a document may not be sent:
(a) by facsimile transmission if the document (including any annexure or attachment) is more than 20 pages long; or
(b) by electronic communication if the document (including any attachment) is more than 100 pages long; or
(c) by facsimile transmission or electronic communication if it is an affidavit referred to in paragraph 4.07 (b) of the Bankruptcy Rules.
Note Because of the Court's computer security firewall, the Court cannot accept an electronic communication that is more than 5 megabytes in size.
(3) If a document is required to be signed or stamped, it must be accompanied by the number of copies required, unless it is sent by facsimile transmission or electronic communication.
(4) If the fee for a document to be filed is not payable, the document must be accompanied by a statement of the reason it is not payable and any supporting evidence.
(5) A document presented, or sent in accordance with paragraph (1) (b) or (c), to a Registry that is not the proper place for the proceeding, must be accompanied by a letter:
(a) identifying the proper place; and
(b) requesting that the document be sent to the proper place.
(6) A document is filed:
(a) for a document in an existing proceeding -- if it is accepted in the Registry that is the proper place for the proceeding and stamped in accordance with Order 46, rule 4; or
(b) otherwise -- if it is accepted in a Registry and stamped in accordance with Order 46, rule 4.
(6A) If a document in an existing proceeding:
(a) is presented to or sent in accordance with paragraph (1) (b) or (c) to a Registry that is not the proper place; and
(b) is sent by that Registry to the proper place; and
(c) is filed in accordance with paragraph (6) (a);
the document is taken to have been filed on the day when it was received by the Registry that is not the proper place.
(7) However, a document sent by facsimile transmission or electronic communication is, if accepted, taken to have been filed:
(a) if the whole document is received by 4.30 pm on a day when the Registry is open for business -- on that day; and
(b) otherwise -- on the next day when the Registry is open for business.
Note Because of the Court's computer security firewall, there may be a delay between the time a document is sent by electronic communication and the time the document is received by the Court.
(8) A document must not be accepted, without leave of the Court, a Judge or a Registrar, if it appears to a Registrar that the document:
(a) is not substantially complete; or
(b) does not substantially comply in form with these Rules; or
(c) is not properly signed or executed.
(9) A document must not be accepted if a Registrar, under Order 46 rule 7A:
(a) refuses to accept or issue the document; or
(b) is directed by a Judge to refuse to accept or issue the document; or
(c) is directed by a Judge to refuse to accept or issue the document without first obtaining the leave of a Judge.
(10) If a document sent in accordance with paragraph (1) (b), (c), (d) or (e) is not accepted, the Registrar must notify the sender of the document:
(a) by telephone on the telephone number stated on the document, cover sheet or accompanying request; or
(b) in writing to the postal address or facsimile number stated on the document, cover sheet or accompanying request; or
(c) by electronic communication to the email address stated on the document, cover sheet or accompanying request.
(11) If a document sent to a Registry by post or document exchange is required to be signed or stamped, and is accepted at the Registry, the Registrar must:
(a) if the sender requests that the document be held for collection -- hold it for collection for 7 days; or
(b) if the sender does not request the document to be held for collection, or having made a request does not collect the document within 7 days -- return the document in the same way it was sent.
Note See Part 2 of the Federal Court of Australia Regulations 2004 in relation to fees for filing documents .