Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 33.05

Starting DPO appeals

         (1)   A person who wants to make a DPO appeal must file a notice of appeal, in accordance with Form 74.

         (2)   The applicant must serve a sealed copy of the notice of appeal on the Commissioner at the office of the Australian Government Solicitor situated in the State or Territory in which the departure prohibition order was made.

         (3)   Personal service is not required for a document to be served on the Commissioner.        

Note    The Registrar will fix a place for hearing and a return date and endorse those details on the notice of appeal. The return date will be:

(a)   if the appeal relates to a private ruling -- not later than 21 days after the application was filed or a later date agreed by the parties; or

(b)   in any other case -- at least 5 weeks after the application was filed.

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