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QLD Clarification on a Civil Court Matter

Discussion in 'Other/General Law Forum' started by Nicola1970, 21 December 2015.

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  1. Nicola1970

    Nicola1970 Member

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    Hi all,

    Just a fairly straight forward question relating to a current civil court matter whereby I am the applicant.

    In the first hearing, orders were made to the effect that the both the respondent and I had to lodge independent reports for filing with the court, and then to each other by 4 pm on a specified date. As the applicant, I visited the courthouse with copies of my report prior to the specified date. The clerk stamped the copies, keeping one for the file and handing me back the copy to be provided to the respondent, which I delivered to them before 4 pm.

    However, the respondent contacted me by text message on the date they were given in the order to advise that they had emailed a copy of their report to the courthouse and furthermore that they would deliver a copy to me after they finished work, which was after 4 pm.

    My question is, will the court accept this report in the manner it was lodged and the fact that I received an unstamped copy after the time limit set in the order?

    The courts are closed for Christmas now, so I couldn't contact them to find out. Thank you in advance to anyone who can provide me with some clarity

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    It may depend on the court or the particular judge. It also depends on whether they e-lodged the report or whether it was simply emailed to the registry. Usually this is not a valid way of filing a document.
     
    Tim W likes this.
  3. Tim W

    Tim W Lawyer

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    Just to be clear - E-lodging within time can be OK.
    Simply emailing it normally isn't.
     
    Sophea likes this.

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