Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p11
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 26916–29479

electronic communication 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 by electronic communication in accordance with subrule 2.08(2), it may be filed, in order of preference, by:
 (a) emailing it to the registry; or
 (b) delivering it to the registry; or
 (c) sending it to the registry by post; or
 (d) faxing it to the registry.
 (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 the stamp of the Court, as required by Division 2.4.
Note 1: The Federal Court and Federal Circuit and Family Court Regulations 2012 provides that a document must not be filed in a registry of the Court unless the fee payable for the filing has been paid. The regulation also provides for an exemption or deferral of a fee, or payment of the fee on invoice, in certain circumstances.
Note 2: For the design, custody and affixation of the seal and validity of stamps (see sections 178 and 179 of the Act).
 (4) However, a document sent by fax or electronic communication, if accepted, is taken to have been filed:
 (a) if the whole document is received by 4.30 pm on a day the Registry is open for business—on that day; or
 (b) in any other case—on the next day the Registry is open for business.
Note: 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 filed.

2.06  Registrar may refuse to accept document
  A Registrar may refuse to accept a document for filing if:
 (a) the Registrar is satisfied that the document, on its face or by reference to any other documents filed or submitted for filing with the document, is an abuse of process or is frivolous, scandalous or vexatious; or
 (b) the document is filed in connection with a pending proceeding and the registry is not the appropriate registry; or
 (c) the rules relating to the electronic filing of documents have not been complied with.

2.07  Filing by fax
 (1) An authorised Registrar may approve at least one fax number for each Registry for receiving documents.
 (2) A document sent to a Registry by fax must be:
 (a) sent to an approved fax number for the Registry; and
 (b) accompanied by a cover sheet stating:
 (i) the sender's name, postal address, telephone number, fax number, email address and any document exchange number; and