Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 27.08

27.08.1     By leave of the Court or a Justice, the parties to a proceeding may agree in stating the questions of law arising in the proceeding in the form of a special case for the opinion of the Full Court.

27.08.2     The special case shall be divided into paragraphs numbered consecutively.

27.08.3     The special case shall state the facts and identify the documents necessary to enable the Court to decide the questions raised.

27.08.4     Upon the argument of the special case the Court and the parties may refer to the content of the documents identified in the special case.

27.08.5     The Court may draw from the facts stated and documents identified in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

27.08.6     The special case must:

  (a)   be prepared by the plaintiff; and

  (b)   be signed by the parties or their counsel or their solicitors; and

  (c)   be filed and served on each party to the proceeding who has filed an appearance.