Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 - REG 10.06

Party to file notice of constitutional matter

         (1)   Unless the Court otherwise orders, a party to a proceeding who becomes aware that the proceeding involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903 , must file a notice of a constitutional matter and serve a copy on each other party to the proceeding.

         (2)   The notice may be in the form prescribed for the purpose under the Federal Court Rules and must state:

                (a)    the nature of the matter; and

               (b)    the facts showing that the matter is a matter to which subrule (1) applies.


 



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