Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.23

How documents may be filed

             (1)  A document must be filed electronically as permitted by the court, unless it is not reasonably practicable to do so.

             (2)  If it is not reasonably practicable to file a document electronically, the document may be filed:

                     (a)  by delivering it to the registry; or

                     (b)  by sending it to the registry by post.

             (3)  A document is filed when:

                     (a)  the filing fee has been paid (or an exemption or deferral applies); and

                     (b)  the document is accepted for filing by the Registry Manager and sealed with the seal of the court or marked with a court stamp, as required by Part 15.1.

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

             (5)  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.

             (6)  A Judge or Judicial Registrar may require a party to give an undertaking to pay a filing fee before accepting a document for filing.

Note:          Regulation 2.11(3) of the Family Law (Fees) Regulations 2012 permits a Judge or a Judicial Registrar to allow a document to be filed despite the required fee not being paid.

             (7)  A person who pays money into court must file a Notice of Payment stating the amount and purpose for which the money is paid into court.



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