Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 8.07

Changing return date

             (1)  If an originating application has not been served, a party may apply to a Registrar to change the return date fixed in the originating application.

          (1A)  An application to change the return date may be made by sending, in accordance with rule 2.23, an amended originating application by electronic communication to a Registry for filing.

Note 1:       If an application to change the return date is made in accordance with this subrule and a Registrar changes the return date, a Registrar will insert a notice of filing and hearing that shows the changed return date as the first page of the amended originating application (see rule 2.24).

Note 2:       File is defined in the Dictionary as meaning file and serve.

             (2)  If:

                     (a)  an application to change the return date is made otherwise than by sending an amended originating application by electronic communication to a Registry for filing; and

                     (b)  a Registrar changes the return date;

the applicant must change the return date endorsed on the copy of the application that is to be served.

             (3)  This rule does not apply to a proceeding to which the Corporations Rules apply if a public notice or advertisement is required under those Rules or under an order made by the Court in the proceeding.

Rules 8.08-8.10 left blank



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