Court Procedures Rules 2006

The registrar must record the date of filing in the court of each filed document.

For these rules, the date of filing is the date of—

for a document filed in the court by personal delivery to the registry—the day it is delivered to the registry; or

for a document filed in the court by post—the day it is received at the registry; or

for a document filed in the court by being faxed to the registry’s fax number before 4 pm on a day the registry is open—that day; or

for a document filed in the court by being faxed to the registry’s fax number on a day the registry is not open or after 4 pm on a day the registry is open—the next day the registry is open; or

for a document filed electronically in the court—

before 4 pm on a day the registry is open—that day; or

on a day the registry is not open, or after 4 pm on a day the registry is open—the next day the registry is open.

See also r 6145 (Filed documents initially rejected).

However, if the registrar opens the registry for a document to be filed in the court—

under subrule (2) (d), the date of filing for the document is the date the document is faxed to the registry’s fax number; or

under subrule (2) (e) (ii), the date of filing for the document is the date the document is filed electronically in the court.

For this rule, a document is taken to have been—

faxed to the registry’s fax number only if it is received at that number; or

filed electronically in the court only if the electronic lodgment facility sends the user an acknowledgment of the filing.

For this rule, it does not matter when the registrar records the date of filing.

The date of filing must be written on the filed document.