Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.24

Rejection of documents

             (1)  The court may reject a document filed or received for filing if the document:

                     (a)  is not in the proper form in accordance with these Rules; or

                     (b)  is not executed in the way required by these Rules; or

                     (c)  does not otherwise comply with a requirement of these Rules; or

                     (d)  is tendered for filing after the time specified in these Rules or an order for filing the document, or is otherwise contrary to directions given; or

                     (e)  on its face, appears to the court to be an abuse of process, frivolous, scandalous or vexatious; or

                      (f)  is tendered for filing in connection with a current proceeding in a registry that is not the filing registry; or

                     (g)  is filed electronically and the person filing the document has not complied with the court's electronic filing procedures.

Note:          A person who starts a proceeding by making an application for an order under Part VII of the Family Law Act must file a certificate under subsection 60I(8) of the Family Law Act with the application or an affidavit if no certificate is required because an exception applies (see rule 4.02).

             (2)  If a judicial officer rejects a document filed or received for filing under subrule (1), the judicial officer may give directions about any step already taken on the document, including a direction about costs.

             (3)  If a decision under subrule (1) is made by the court constituted by a Judicial Registrar (other than an Appeal Judicial Registrar), a person may apply for review of the Registrar's decision under subrule (1), or directions given by the Registrar under subrule (2), by filing an Application for Review without notice.

Note:          For review of an Appeal Judicial Registrar's decision to reject a document, see rule 13.40.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback