Good Day, I have a question which pertains to Section 116(2)(c) of the Victorian FVP Act. Section 116(2)(c) of this act requires that the Form 3 appeal application must "(c) be filed within 30 days after the day the relevant decision was made". and therefore before the cut off time is 11.59 pm on the last available day for lodgement. The lodgement process is by email to the appropriate Registrar at the appropriate Magistrates Court. Rule 1.10 of the appropriate Rules states that "a document is filed by being lodged with the registrar in the office of the Court at the proper venue of the Court." Here is the question : Is it sufficient, that an appeal application which is in every way compliant with section 116 of the Act, and which is lodged with the appropriate Court, and to the appropriate Registrar, and emailed / lodged before the cut off time of 11.59 pm on the last possible day for lodgement , for it to be regarded as an effective lodgement / filing of the application. Or is it the situation that, as well as all of the above requirement, or on top of all of the above outlined requirement, the lodgement or filing will only be regared as effective and complete if the Registrar has already contacted the County Court and secured the date for the fist hearing. Put another way, must the time and date of the first hearing at the County Court be secured prior to the expiry of the 30th and final day at 11.59 pm before this application will be regared as successfully lodged / filed. Thanks
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