Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 25.13

Writ of mandamus

25.13.1     Unless otherwise ordered by the Court or a Justice, a writ of mandamus must command the person to whom it is addressed to do the act in question or show cause why it has not been done.

25.13.2     A writ of mandamus must be in Form 13.

25.13.3     A writ of mandamus must be served on the person to whom it is addressed.

25.13.4     Unless otherwise ordered by the Court or a Justice, a writ of mandamus must be returnable within 14 days from service of the writ.

25.13.5     The person to whom a writ of mandamus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit stating:

  (a)   that the act commanded by the writ has been done; or

  (b)   the reason why it has not been done.

25.13.6     If the act commanded by a writ of mandamus has not been done, the Court or a Justice may issue a writ of peremptory mandamus to enforce the command contained in the original writ, or may make any other orders necessary.

25.13.7     If the Court or a Justice directs that the command sought in an application for a writ of mandamus shall be peremptory in the first instance, the command may be expressed in an order of the Court without the issue of a writ and has the same effect as a peremptory writ of mandamus.



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