Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 52.9

Use of written case
9. (1) An applicant who desires to present his case and argument in writing
pursuant to sub-rule 3 (2), shall state in his application that he proposes to
file a written case.

(2) A respondent who does not desire to proceed by written case shall within 7
days of service of the application file and serve notice to that effect.

(3) If no notice is filed by a respondent pursuant to sub-rule (2), each party
shall file 4 copies of his written case within 28 days after the service of
the application on the respondent.

(4) A written case shall-

   (a)  bear the title of the proceeding;

   (b)  identify the party whose case it is;

   (c)  consist of paragraphs consecutively numbered; and

   (d)  state as concisely as possible-

        (i)    the circumstances out of which the application arises;

        (ii)   the contentions to be urged by the party concerned; and

        (iii)  the reasons relied upon.

(5) So far as practicable, in a written case, references to the portions of
the transcript relied upon shall be given by page and line, and the relevant
portions of the transcript shall be annexed to the case.

(6) A written case need not be printed and in bound form but shall be clear
and legible and securely fastened.

(7) When a party has filed his case he shall on the day of filing, give
written notice to the other party that he has done so.

(8) When all parties have filed their cases they shall exchange copies with
one another.

(9) Each party is entitled to 3 copies of the other's case.

(10) A case shall not be available for inspection at the proper place until
all parties have filed their cases.



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