Filing by Facsimile
General Federal Law Matters only
The Registrar of the Federal Magistrates Court has approved the following fax numbers as nominated fax numbers for
the purpose of receiving documents in accordance with Rule 2.07 of the Federal Magistrates Court Rules 2001.
This Rule provides
2.07 Filing by fax or e-mail
(1) An authorised Registrar may approve for each registry:
(a) at least one fax address for the purpose of receiving documents; and
(b) at least one e-mail address for the purpose of receiving documents; and
(c) the formats in which electronic versions of documents will be accepted by the registry.
(2) A document sent by fax or e-mail must:
(a) be sent to an approved fax number or e-mail address; and
(b) be accompanied by a cover sheet, clearly stating:
(i) the sender's name, postal address, document exchange number (if any), telephone number,
fax number and e-mail address (if any); and
(ii) the action required in relation to the document.
(3) A document in a current proceeding must be sent to the appropriate registry for the proceeding.
(4) A document sent by e-mail must:
(a) be in an electronic format approved for the registry; and
(b) as far as possible comply with rule 2.01; and
(c) be capable of being printed with the content and in the form in which it was created.
(5) A document that must be signed or executed by any person may only be filed by e-mail by sending an
image of the signed or executed document or (unless the document is an affidavit) by affixing a facsimile of the signature on the document by electronic means by, or at the direction of, the
signatory.
(6) If the document is required to be signed or stamped, and is accepted at the registry, a
Registrar must:
(a) make one copy of the document; and
(b) if the sender requests that the document be held for collection ? hold it for collection for 7 days;
and
(c) if the sender does not request the document to be held for collection, or having made a
request does not collect the document within 7 days ? return the document by fax transmission to the fax number, or by e-mail to the e-mail address, stated on the cover sheet.
(7) If more than one copy of the document is required for issue, the sender must give a Registrar any
additional copies required.
(8) A person who sends a document under this rule must:
(a) for a fax transmission:
(i) keep the original document and the transmission report; and
(ii) if directed by the Court, produce the original document endorsed with a statement that it is the
original document and the transmission report; and
(b) for an e-mail:
(i) keep a paper copy of the document; and
(ii) if directed by the Court, produce the paper copy endorsed with a statement that it is a true copy
and the date when it was sent by e-mail.
Approved fax numbers
ACT : 02 6267 0625
New South Wales : 02 9230 8295
Northern Territory : 08 8981 7061
Queensland : 07 3248 1240
South Australia : 08 8205 4439
Tasmania : 03 6232 1701
Victoria : 03 8600 3351
Western Australia : 08 9268 7208
* As soon as a new fax line is installed in Darwin an authorisation will be given in Darwin.
*These fax numbers are also the nominated fax numbers for filing documents in relation to Federal Court
matters.
This facility is NOT available for filing documents in family
law or child support matters.
Restrictions on filing by fax
This facility is not available if a fee is payable for the filing (note Rule 2.05(c) set out below).
2.05 How documents may be filed
(1) A document may be filed by:
(a) delivering it to the registry; or
(b) sending it to the registry by post; or
(c) unless a fee is payable for the filing, by fax or e-mail in accordance with rule 2.07.
Note: The Regulations provide that a document may not be filed in a registry of the Court unless the fee payable
for the filing has been paid. The Regulations also provide for exemption, waiver or deferral of a fee in certain circumstances.
This means that a document cannot be filed by fax even though the person may legitimately claim a fee exemption or
seek a waiver or deferral of the fee as that person may legitimately claim a fee exemption or seek a waiver or deferral of the fee as that person must also submit an application for waiver or exemptions.
Arrangements will be made within each registry to ensure efficient and effective clearance of the facsimile
machine and email inbox.
A document in pending proceedings must be sent to the registry in which those proceedings are pending. It will not
be accepted if sent to the wrong registry and will be returned.
When sending a faxed document that is required to be signed or stamped the registrar must make one copy of the
document and hold that copy for collection for up to 7 days if the person requests that it be held for collection. If there is no request to hold the document for collection or the document is not
collected it should be returned by fax to the fax number or by email to the email address stated on the cover sheet.
A person who files a document by fax must keep the original and produce the original document when directed by the
court. The document must be produced with a statement that it is the original document and details of sending to the court. |
