Meaning of ‘lodged’

Kaczmarski v Legal Services Board [2017] VSC 690

The statute allowed Kaczmarski 7 days to appeal a notice posted on 1 May.  He emailed his appeal at 7.43pm on 10 May.  Did he lodge in time?  A thing is ‘lodged’ if it is deposited in person (or electronically) and accepted, said the judge (at [32-36]).  An email is ‘lodged’ when it is ‘capable of being received’6

The clock started on May 3 – that is, 2 days after the appeal was posted under service rules.  The word ‘day’ takes its ordinary meaning and includes time outside business hours. It was, therefore, ‘lodged’ in time.  A lesson from this case is that ‘time is tricky’.  Interpretation Acts may affect its computation, and a range of slippery problems await the unwary7.    

This case is from Episode 31 of interpretationNOW!


s 13A of the Electronic Transactions (Victoria) Act 2000.

Pearce & Geddes (at [6.46]), What is the time? (2007) 42 TIA 327.