Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 2.25

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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