Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 32.11

Filing of order referring petition or part of petition

             (1)  If the High Court has made an order referring a petition under section 354(1), or part of a petition under section 354(3), of the Commonwealth Electoral Act 1918 to the Court, the applicant must file the order in the District Registry specified in the order.

             (2)  If the High Court has made an order mentioned in subrule (1) and the order does not specify a District Registry, the applicant must file the order:

                     (a)  if the election or return that the petition seeks to invalidate relates to a Senator--in the District Registry in the State or Territory for which the election was held; or

                     (b)  if the election or return that the petition seeks to invalidate relates to a member--in the District Registry in the State or Territory in which the electoral division for which the member was elected or returned is located.

Note 1:       On receipt of an order referring a petition, the Registrar will allot a serial number to the order as if the order was an application filed in the Registry, and attach a notice to the order.

Note 2:       The notice will be in accordance with Form 72 and will:

(a)              fix the return date and place for a hearing; and

(b)              state that before taking any step in the proceeding, a party must file a notice of address for service, unless the party has already entered a notice of address for service in the High Court.



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