Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - REG 26.01

Form of application for removal

                An application for an order removing a cause or part of a cause pursuant to section 40 of the Judiciary Act 1903 shall:

                (a)    be in Form 17;

               (b)    bear the date on which it was issued;

                (c)    contain a statement of the order which the applicant seeks and of the ground or grounds on which that order is sought;

               (d)    state that the time limited for the appearance of a respondent, where service is effected within Australia is 14 days from the date of service on the respondent, and in any other case is 42 days from the date of service on the respondent;

                (e)    be indorsed with an address for service which, if the applicant sues by a solicitor, shall be the solicitor's place of business and, if the applicant does not sue by a solicitor, shall be the applicant's place of residence;

                (f)    be accompanied by one or more affidavits in support; and

                (g)    not be served more than 90 days after the date on which it is issued or such further time as the Court or a Justice may, by order, allow.



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