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Division 1

Filing

In force
Part 2Procedure generally

Division 1 Filing

5. Filing of documents

(1)

A document that is to be filed in the Court is to be delivered to the Court in a sealed envelope that is addressed to the “Adoptions Officer”.

(2)

The Registrar may refuse to accept for filing in the Court a document in relation to proceedings under the Act that is not —

(a)

legible and printed or copied by a machine on one side only of the paper;

(b)

on A4 size white paper that is of durable quality;

(c)

headed in the form of Form 1 of Schedule 1 and does not have a cover sheet headed in the form of Form 1 of Schedule 1 and upon which cover sheet appears a short description of the document (including, in the case of an affidavit, the name of the deponent and the date of swearing) and the name, address and telephone number of the legal practitioner (if any) filing, delivering, or serving the document or, if the person on whose behalf the document is filed, delivered, or served is not represented by a legal practitioner, the name, address for service and telephone number (if any) of that person;

(d)

set out so that there is a margin of approximately 30mm and approximately 6mm of space between each line; and

(e)

numbered on each page,

unless the nature of the document renders such compliance impracticable.

(3)

If a hearing of proceedings under the Act has commenced, a document relating to the proceedings can only be filed with the leave of the Court and in the manner directed by the Court.

[Rule 5 amended: Gazette 21 Mar 2000 p. 1496; 20 Jun 2003 p. 2236; 29 Jan 2013 p. 333.]

6. Address for service

(1)

A person cannot file a document in relation to proceedings under the Act unless a notice of the person’s address for service within the State in the form of Form 2 of Schedule 1 is given in or with the document or has been previously filed in the Court.

(2)

A person who has filed a notice of address for service in relation to proceedings under the Act may change the person’s address for service by filing a notice in the form of Form 2 of Schedule 1 and serving a sealed copy of the notice on each other party to the proceedings.

7. Marking of filed documents

Where a document has been filed in the Court in relation to proceedings under the Act, the Registrar is to ensure that —

(a)

the date of filing is marked on the document; and

(b)

each service copy of the document bears the seal of the Court.

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