| Federal Court of Australia | |
| Notices to practitioners issued by the Queensland District Registrar |
Facsimile filing ( No.
Q5/99, 14 December 1999)
NB: This Notice to Practitioners is superseded
Order 1 rules 5A and 5AB of the Federal Court Rules allow for documents to be filed by facsimile transmission. The Rules were amended to allow for fax filing and those amendments took effect from 29 September 1999.
Documents which can be filed by facsimile
Generally, any document that can be filed in the Court can be filed by facsimile. However, there are a number of exceptions. These are listed below:
Filing a document by facsimile
The document you wish to file must be sent to the approved fax filing number at the registry. At the registry in Queensland, the number is 07 3248 1240.
The document must be accompanied by a cover sheet which states the sender's name, postal address, telephone number and facsimile number, the number of pages transmitted and a request to process the document. A cover sheet in a form acceptable to the Registry is attached (Annexure A). If the document is not sent with a coversheet, it may not be accepted for filing.
A document which is sent to a Registry fax number other than the approved fax filing number may not be accepted for filing.
Where multiple copies are required to be lodged
If more than one copy of a document is required for issue, any additional copies must be supplied by the sender. These should be forwarded either by post or delivered to the Registry.
A document will be filed but will not be able to be processed until the required number of copies has been received in the Registry.
Payment of fees
A document cannot be accepted for filing unless the prescribed fee is paid, or an application for exemption, waiver or deferral of fee has been approved.
Credit card payments will be accepted for documents filed by facsimile. If payment is to be made by credit card, a credit card debit authority must be faxed with the document. A copy of the required authority is attached (Annexure B).
Lodging a document for filing by facsimile
Once a document is received by facsimile, a decision will be taken as to whether it will be filed, or not accepted for filing.
Documents accepted for filing by fax
If a document is accepted for filing, it is taken to have been filed on the day it is sent if the whole of the document is received by 4.30 pm on a Registry business day. Where part of the document is received after 4.30 pm, the document is taken to have been filed on the next business day of the Registry.
Confirmation that the document has been filed by facsimile will be forwarded to the fax number from which the document was sent.
The Registry will make one copy of the document where a document is required to be signed or stamped.
Ordinarily, this copy will be returned to the sender by facsimile to the number noted on the cover sheet. However, the sender may request that the document be held for collection at the Registry.
If a request is made to hold the document for collection, the Registry will hold the document for collection for a period of 7 days. If it is not collected within that time, a copy will be forwarded by facsimile to the sender to the number from which the document was sent.
The Court may direct that the original of a document filed by facsimile be produced to the Court. If so, the first page of the original document must be endorsed with a statement that the document was sent by facsimile transmission and the date it was sent.
The transmission report evidencing successful transmission will also be required to be produced to the Court at the same time as the original document.
Document filed but not able to be processed
If this occurs, you will be sent a notice that the document has not been processed and the reason.
Examples of circumstances where a document cannot be processed include:
The document will be filed, but cannot be processed until the further information or documents required have been provided to the Registry.
The document will be held in the Registry until the outstanding matters have been attended to.
Documents not accepted for filing by fax
If the document is not accepted, a notice stating that the document has not been accepted for filing will be sent to the facsimile number from which the document was sent. The notice will set out the reason for the rejection.
Where a document has not been accepted because an application for exemption, waiver or postponement of payment of a fee has not been approved, a formal letter will be sent which sets out the decision and the reason for it.
The document will be held at the registry pending the receipt of fees, information or documents required.
In this instance, no debit will be charged to the credit card.
Address for Service
Where a document is lodged for filing by facsimile, the address for service and the details required to be included at the bottom of the front page of a document must include a fax number.
Annexures:
Annexure A (Facsimile filing cover sheet)
Annexure B (Facsimile Credit Card Debit Authority)
IMPORTANT NOTE
This notice has been prepared for the assistance of practitioners and to explain the practices adopted by the Registry of the Federal Court in Queensland.
There may be a need for the procedures contained in the notice to change from time to time. However, an up to date notice to practitioners (with annexures) will be available from the Registry and on the Internet at www.fedcourt.gov.au.
Any practitioner who intends filing a document by facsimile should refer to the Rules for complete details of the requirements for fax filing.
District Registrar