Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 34

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Division 66.2     Refusal to accept documents for filing

10A     Refusal to accept documents—non-compliance with div 66.1

    (1)     The registrar may refuse to accept a document for filing that does not comply with division 66.1 (Style) to the extent that the nature of the document permits.

    (2)     Costs incurred by a party in relation to a document refused acceptance under this rule may be disallowed on taxation of the party's costs.

10B     Refusal to accept documents—abuse of process etc

    (1)     If a document lodged for filing appears to the registrar on its face to be an abuse of the court's process or to be frivolous or vexatious, the registrar may refuse to accept the document or may seek the direction of a judge about how to deal with it.

    (2)     If the registrar seeks the direction of a judge under subrule (1), the judge may direct the registrar—

        (a)     to accept the document; or

        (b)     to refuse to accept it; or

        (c)     to refuse to accept it without the court's leave.

Note     If the registrar refuses to accept a document under r (1), the party filing the document may appeal to a judge (see the Supreme Court Act 1933 , s 10 (2)) or the master (see o 61A r 1 (ka)).

    (3)     Subrule (2) (c) does not apply if the court later gives leave.

    (4)     This rule applies to a request under order 39 rule 32 (2) (Document or thing in custody of a court) as if it were a document lodged for filing.