Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - REG 20.01

Form of initiating process

20.01.1    If the relief sought is or includes:

                (a)    a writ of mandamus or prohibition or certiorari, whether against an officer of the Commonwealth or some other person; or

               (b)    a writ of habeas corpus or quo warranto;

a proceeding shall be commenced in the Court by filing an application for an order to show cause in accordance with Part 25.

20.01.2    If the relief sought is an order removing a cause or part of a cause pursuant to section 40 of the Judiciary Act 1903 , a proceeding shall be commenced in the Court by filing an application for removal in accordance with Part 26.

20.01.3    If a person wishes to dispute the validity of an election or return pursuant to Part XXII of the Commonwealth Electoral Act 1918 , a proceeding shall be commenced in the Court by filing a petition in accordance with Chapter 3.

20.01.4    In any other case a proceeding shall be commenced in the Court by the issue of a Writ of Summons in accordance with Part 27.



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