Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 8.12

  (1)   The party filing the notice must:

  (a)   serve a copy of the notice on:

  (i)   each person as required by section   78B of the Judiciary Act 1903 ; and

  (ii)   each other party; and

  (b)   as soon as practicable after serving the notice, file an affidavit of service; and

  (c)   give a copy of each document filed in the proceeding relevant to the constitutional matter (whether filed before or after the notice) to any Attorney - General who has intervened, as soon as practicable after notice of the intervention is given to the party.

  (2)   The notice must be served:

  (a)   if the matter arises in any originating application--within 7 days after the day the application is filed; or

  (b)   if the matter arises in any pleading--within 7 days after the pleading is filed; or

  (c)   if the matter arises before the date fixed for a hearing of a proceeding and paragraph   (a) or (b) does not apply--not later than 14 days before the date fixed for the hearing; or

  (d)   in any other case--within the time that the Court directs.

Note:   For the Court's powers when a constitutional matter arises, see sections   78B(2) and (5) of the Judiciary Act 1903 .

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