Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 31.05

Notice of objection to competency

             (1)  A respondent who objects to the competency of an application must, within 14 days after being served with the application, file a notice of objection to competency:

                     (a)  in accordance with Form 68; and

                     (b)  that, briefly but specifically, states the grounds of the objection.

             (2)  The applicant carries the burden of establishing the competency of an application.

             (3)  A respondent may apply to the Court for the question of competency to be heard and determined before the hearing of the application.

             (4)  If a respondent has not filed a notice under subrule (1), and the application is dismissed by the Court as not competent, the respondent is not entitled to any costs of the application.

             (5)  If the Court decides that an application is not competent, the application is dismissed.

Rules 31.06-31.10 left blank



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