Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 2.09

Other requirements for filing by electronic communication

             (1)  If a document sent by a person by electronic communication is required to be signed or stamped, and it is accepted at a Registry, a Registrar must comply with the following (as applicable):

                     (a)  for a document that, under these Rules, must be endorsed with a date for hearing--insert a notice of filing and hearing as the first page of the document;

                     (b)  for any other document--insert a notice of filing as the first page of the document;

                     (c)  make one copy of the document (including the notice mentioned in paragraph (a) or (b) (whichever applies));

                     (d)  if the sender requests that the document be held for collection--hold it for collection for 7 days;

                     (e)  if the sender does not request that the document be held for collection or, having made a request, does not collect the document within 7 days--return the document by sending it:

                              (i)  by electronic communication to the email address stated on the cover sheet; or

                             (ii)  if no email address is stated, to the postal address stated on the cover sheet.

             (2)  A notice mentioned in paragraph (1)(a) or (b) is part of the document for the purposes of these Rules.

             (3)  The person who sent the document must, as directed by the Court:

                     (a)  if the document is an image of an affidavit--produce the original of the affidavit; or

                     (b)  in any other case--produce a paper copy of the document.

             (4)  If the Court directs that an original affidavit or a paper copy of a document be produced, the person who sent the document must:

                     (a)  for an original affidavit--attach a statement to the affidavit stating:

                              (i)  that it is the original of the affidavit sent by electronic communication; and

                             (ii)  the date that the affidavit was sent by electronic communication; or

                     (b)  in any other case--endorse the first page with:

                              (i)  a statement that the paper copy is a true copy of the document sent by electronic communication; and

                             (ii)  the date the document was sent by electronic communication.

             (5)  If a document has been filed electronically and a notice has been inserted as the first page of the document as required by paragraph (1)(a) or (b), the notice is treated as part of the document for the purposes of the Act and these Rules (including any rules about service of the document).



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