Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 24.07

Filing by e-mail and Internet

             (1)  If a document is sent for filing by e-mail, the sender must:

                     (a)  send the document:

                              (i)  to an approved e-mail address;

                             (ii)  in the approved electronic format; and

                            (iii)  in a current case, to the filing registry; and

                     (b)  include a cover page in accordance with subrule 7.16(2).

             (2)  If a document is sent for filing through the Internet, the sender must comply with the court's electronic filing procedures.

             (3)  If a document (other than an Acknowledgement of Service):

                     (a)  is filed by electronic communication; and

                     (b)  is required to be signed, but not sworn;

the document is taken to be signed, before it is transmitted, by the party or lawyer who filed it.

             (4)  If a document that is required to be sworn is filed by electronic communication, the document:

                     (a)  is taken to have been sworn by the deponent before it is transmitted; and

                     (b)  must bear the name of the deponent, witness and date of swearing.

             (5)  If a party or a party's lawyer files a sworn document by electronic communication, the party or lawyer must:

                     (a)  keep the printed form of the document bearing the original signature until the end of the case or appeal; and

                     (b)  make the document available for inspection on request.

             (6)  When receiving a document for filing by email or through the Internet, the Registry Manager may send to the person filing the document an electronic communication recording the date of receipt or the date and time of receipt.

Note 1:       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.

Note 2:       An Acknowledgment of Service must be signed by the person served with the documents if the party serving the documents wants to prove service by affidavit in accordance with rule 7.13. If the affidavit is filed by electronic communication, the party who served it must keep, and make available if necessary, the original of the affidavit and the Acknowledgment of Service.

                   If an Acknowledgement of Service is required to be signed to prove service, the person served will need to sign the acknowledgment and return it so that the other party can identify the signature.



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