Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 38.01

Application for case stated or question reserved

             (1)  The following matters must be in the form of a special case:

                     (a)  a case stated;

                     (b)  a question reserved for the consideration of the Court.

             (2)  A special case must:

                     (a)  be divided into consecutively numbered paragraphs; and

                     (b)  state the facts, briefly but specifically; and

                     (c)  attach all documents necessary to enable the Court to decide the questions raised by the special case.

             (3)  The Court may draw from the facts stated and the documents attached in the special case any inference, whether of fact or law, that might have been drawn from them if proved at a trial.

Note 1:       A case stated (sometimes called a special case) is a written statement of the facts in a proceeding agreed to by the parties so that the Court to which the case is stated may decide the question in issue.

Note 2:       Section 25(6) of the Act empowers the Court, constituted by a single Judge, to state a case or reserve a question for consideration by the Full Court in relation to any matter to which an appeal would lie from the single Judge to the Full Court.

Note 3:       Section 26 of the Act gives courts from which appeals lie to the Court, the power to state a case or reserve a question for the consideration of the Court and empowers the Court accordingly.

Note 4:       If a case is stated, or a question reserved for the Court by a court of summary jurisdiction, the case may be considered by a single Judge or the Full Court. However, if the Court stating the case or reserving the question is not a court of summary jurisdiction, the case stated or question reserved must be considered by the Full Court--see section 26(2)(b) of the Act.



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