Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 32.15

Counter-charges

         (1)   If a petition claims a Parliamentary seat for a person who has not been returned as a Senator or member of the House of Representatives and a respondent wishes to contend that the person was not duly elected, the respondent must file a statement of the ground on which the respondent intends to rely:

                (a)    if the respondent has filed a notice of address for service in the High Court -- within 7 days after being served with the documents mentioned in rule 32.12 (1); or

               (b)    in any other case -- within 7 days after filing the respondent's notice of address for service.

         (2)   The statement must:

                (a)    be based on a ground other than that the respondent had a majority of valid votes; and

               (b)    comply with section 355 (aa) of the Commonwealth Electoral Act 1918 in relation to the ground relied on, as if it were a petition.

Note 1    Section 355 (aa) of the Commonwealth Electoral Act 1918 provides that a petition disputing an election or return must, subject to section 358 (2) of that Act, set out the facts relied on to invalidate the election or return, with sufficient particularity to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief.

Note 2    Section 358 (2) of the Commonwealth Electoral Act 1918 provides that the Court may, at any time after the filing of a petition and on any terms it thinks fit, relieve the petitioner wholly or in part from compliance with section 355 (aa) of that Act.



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