83Lodgment for filing

83 Lodgment for filing

(1)  A document is to be –

(a) lodged for filing at a registry; or

(b) [Rule 83 Subrule (1) amended by S.R. 2013, No. 70, Applied:25 Sep 2013] sent for filing by prepaid post in an envelope addressed to a registry; or

(c) [Rule 83 Subrule (1) amended by S.R. 2013, No. 70, Applied:25 Sep 2013] sent by email for filing, in accordance with Division 2A of Part 7 .

(2)  An originating process is to be filed in the registry in which it is proposed to commence the original proceeding.

(3)  Except where otherwise provided by these rules, a document, other than an originating process, is to be filed in the registry in which the cause or matter is proceeding.

(4)  The officer receiving any document lodged for filing at a registry is to –

(a) note the time and date of lodgment on the document; and

(b) if the document is in order for filing –

(i) file it as at the time and date of lodgment; and

(ii) if it is accompanied by a copy of the document, seal the copy or, if sealing is not required, note on the copy the time and date of lodgment and return the copy to the person lodging the document; and

(c) if the document is not in order for filing, return it together with a note of the reasons for its return.

(5)  If a document is sent by post and the original is to be –

(a) filed, it is to be accompanied by a copy for return; or

(b) returned, it is to be accompanied by a copy for filing.

(6)  A document sent by post is to be accompanied by a duly stamped and addressed envelope for the return to the person requesting filing of the copy or original document not filed.