Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 6.07

Notice of constitutional matter

             (1)  If a party is, or becomes, aware that a case involves a matter that:

                     (a)  arises under the Constitution or involves its interpretation, within the meaning of section 78B of the Judiciary Act 1903 ; and

                     (b)  is a genuine issue in the case;

the party must give written notice of the matter to the Attorneys-General of the Commonwealth, and each State and Territory, and to each other party to the case.

             (2)  The notice must state:

                     (a)  the nature of the matter;

                     (b)  the issues in the case;

                     (c)  the constitutional issue to be raised; and

                     (d)  the facts relied on to show that section 78B of the Judiciary Act 1903 applies.

Note:          Section 78B of the Judiciary Act 1903 provides that once a court becomes aware that a case involves a matter referred to in that section, it is the court's duty not to proceed to determine the case unless and until it is satisfied that notice of the case has been given to the Attorneys-General of the Commonwealth and of the States and Territories.

   



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