Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HIGH COURT RULES 2004 - RULE 32.05

Withdrawal of petition and substitution of another petitioner

32.05.1     A petition may be withdrawn by leave of the Court or a Justice upon such terms as the Court or Justice thinks fit.

32.05.2     The petitioner is to give 14 days' notice of intention to apply for leave to withdraw a petition by advertisement in a newspaper circulating in the State, Territory or Electoral Division for which the election was held.

32.05.3     At the hearing of an application for leave to withdraw a petition the Court or a Justice may allow any other person who is competent to file a petition on the grounds alleged in the petition to be substituted for the petitioner and the proceedings upon the petition shall be continued as if the person substituted had been the original petitioner.

32.05.4     Where the sole petitioner dies before trial of the petition the Court or a Justice may allow some other person who was competent to file a petition on the grounds alleged in the petition to be substituted for the petitioner and the proceedings upon the petition shall be continued as if the person substituted had been the original petitioner.

[ End of Chapter   3 . Chapter   4 commences with Part   40 .]

 



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback