Kaczmarski v Legal Services Board  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!
6 s 13A of the Electronic Transactions (Victoria) Act 2000.
7 Pearce & Geddes (at [6.46]), What is the time? (2007) 42 TIA 327.