Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 24.05

        (1)         A document is filed if:

        (a)         the document is:

        (i)         delivered to the registry;

        (ii)         posted to the registry; or

        (iii)         sent to the registry by electronic communication under rule 24.06 (facsimile) or 24.07 (e-mail and Internet);

        (b)         the filing fee (if any) is paid or waived.

Note    The Registry Manager will record the date of filing according to the current protocol adopted by the court.

        (2)         A document is filed if it is accepted for filing by a judicial officer in court during a court event.

        (3)         On the issue of a subpoena, the Registry Manager must seal a sufficient number of copies for service.

        (4)         A document that is sent for filing by electronic communication after the filing registry has closed is taken to have been received by the filing registry on the next day when the filing registry is open.

        (5)         Except as otherwise required by these Rules or an order, a document to be relied on in a court event must be filed at least one day before the date fixed for that event.

Note 1    For information about filing fees, see regulation 11 of the Regulations.

Note 2    A person sending a document by electronic communication is responsible for ensuring that the document is received by the court.

Note 3    A judicial officer may require a party to give an undertaking to pay a filing fee before accepting a document for filing.

Note 4    The rules relating to filing by electronic communication apply
only if the court has the facility to accept documents by electronic communication: see http://www.familycourt.gov.au.