Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 24.05

How a document is filed

             (1)  A document is filed if:

                     (a)  the document is:

                              (i)  delivered to and received by the registry;

                             (ii)  posted to and received by the registry;

                            (iii)  sent to the court by electronic communication under rule 24.06 (facsimile) and received by the registry;

                            (iv)  sent to the court by electronic communication under rule 24.07 (e-mail and Internet) and received by the court; or

                             (v)  accepted for filing by a judicial officer in court during a court event; and

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

             (2)  A document that is sent for filing by electronic communication after 4.30 pm according to legal time in the Australian Capital Territory is taken to have been received by the filing registry on the next day when the filing registry is open.

             (3)  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 1 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. The Court's procedures and facilities for electronic filing through the Internet are set out on the Commonwealth Courts Portal: see http://www.familycourt.gov.au.

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.



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