Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 8.12

Service of notice

             (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 .

Rules 8.13-8.20 left blank



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