Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 34.92

  (1)   A person who wants to dispute the validity of any election, or the declaration of any election, under the ATSI Act must file a petition, in accordance with Form 103, and deposit with the Chief Executive Officer the sum of $100 as security for costs.

Note:   Clause   4 of Schedule   4 to the ATSI Act provides for the deposit of $100 as security for costs.

  (2)   The petition must name the person returned at the election as the respondent.

Note 1:   Clause   5 of Schedule   4 to the ATSI Act permits the Electoral Commission to file a petition.

Note 2:   A Registrar will:

(a)   sign and affix the stamp of the Court to the petition; and

(b)   fix a return date and place for hearing and endorse those details on the petition; and

(c)   give or send a sealed copy to the applicant; and

(d)   send a sealed copy to:

(i)   the Electoral Commission; and

(ii)   the Minister.

  (3)   The applicant must, at least 5 days before the return date fixed for the proceeding, serve a sealed copy of the petition on the respondent.