Which documents can be filed by fax?
All documents which are to be filed in the Court can be filed by fax except a document more than 20 pages long (including any annexure or attachment).
How do I file a document by fax?
1. Complete a cover sheet which clearly states:
- the senders name, postal address, telephone number, fax number (if any) and email address (if any);
- the number of pages sent; and
- the action required in relation to the document (eg. 'Please file the attached application and affidavit');
- whether or not you wish the Registry to hold the signed or stamped document (if applicable) for collection.
2. Transmit the cover sheet and document to the approved fax filing number in the State or Territory to the matter is to be commenced or has already commenced:
3. Pay the filing fee, if applicable. A document cannot be accepted for filing unless the fee has been paid. If you cannot afford this fee you may be able to ask the Court to exempt you from having to pay it or to defer the time for payment. You can get a form to ask the Court to exempt or defer the time for payment and information about the circumstances where a reduction can be given on the Exemption and deferral of fees pages or from the Registry.
What if I need to lodge more than one copy of the document?
If more than one copy of the document to be filed is required you can:
- send the additional copies by post or DX, or deliver them in person; or
- ask the Registry to make the additional copies.
What happens after a document is faxed to the Registry?
Once a document is received at the Registry by fax, a decision will be made as to whether it is to be filed or rejected.
Successfully filed documents
If a document is accepted for filing it is taken to have been filed on the day it is sent if the whole document is received by 4.30pm on a day when the Registry is open.
Where only part of the document is received by 4.30pm, the document is taken to have been filed on the next day when the Registry is open for business.
Confirmation that the document has been filed by fax will be sent to the fax number from which the document was sent.
Where the document is required to be signed by the Court or stamped the Registry will make a copy of the document and fax it to the fax number on the cover sheet.
A document may be rejected for filing for a number of reasons: it may be incomplete or may not comply with the Court's rules relating to the form and content of the particular document.
If a document is rejected a notice stating that the document has been rejected will be sent to the fax number from which the document was sent.
No debit will be charged to the credit card.
Where a document was rejected because an application for exemption or deferral of the time for payment of court fees has not been approved, a letter will be sent to the postal address stated on the cover sheet setting out the decision, the reasons for it and detailing any additional information required to enable the application for exemption or deferral to proceed. The document will be held at the Registry until the fees, further information or further documents required are supplied.
What records should I keep?
The Rules state that a person who sends a document to a Registry by facsimile transmission must:
(a) keep the original document and the transmission report showing successful transmission; and
(b) produce the original document or the transmission report if ordered to do so by the Court.
If the court directs that the original document be produced, you must write on the first page of the document:
(a) that the document is the original of a document sent by facsimile transmission; and
(b) the date that the document was sent by facsimile transmission.
Where can I get further information?
Further information can be obtained by contacting your local registry.