Commonwealth Consolidated Regulations

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When is a document filed

             (1)  A document is filed if:

                     (a)  it is lodged with the Court in accordance with rule 2.21(1); and

                     (b)  either:

                              (i)  for a document in an existing proceeding--it is accepted in the proper Registry by being stamped as 'filed'; or

                             (ii)  in any other case--it is accepted in a Registry by being stamped as 'filed'.

             (2)  A document in an existing proceeding is taken to have been filed on the day when it was received by a Registry that is not the proper Registry if the document:

                     (a)  is presented to a Registry other than the proper Registry; and

                     (b)  is sent by the Registry to the proper Registry; and

                     (c)  is filed in accordance with subparagraph (1)(b)(i).

             (3)  If a document is faxed or sent by electronic communication to a Registry, the document is, if accepted by a Registry under subrule (1), taken to have been filed:

                     (a)  if the whole document is received by 4.30 pm on a business day for the Registry--on that day; or

                     (b)  in any other case--on the next business day for the Registry.

Note 1:       Business day is defined in the Dictionary.

Note 2:       File is defined in the Dictionary as meaning file and serve.

Note 3:       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.

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