Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations
|
Title |
Form |
Rule |
|
Notice of a constitutional matter |
1 |
5.01.3 |
|
2 |
8.01.1 |
|
|
Order |
3 |
8.01.2 |
|
Consent |
4 |
8.04.2 |
|
Arrest warrant |
5 |
11.03.2 |
|
Committal warrant |
6 |
11.03.3 |
|
Notice of appearance |
7 |
23.01.3 |
|
|
|
31.01.1 |
|
|
|
41.04.2 |
|
|
|
42.06.2 |
|
Submitting appearance |
8 |
23.02 |
|
|
|
41.04.3 |
|
|
|
42.06.3 |
|
Conditional appearance |
9 |
23.03.2 |
|
Subpoena to give evidence |
10 |
24.02.2 |
|
Subpoena to give evidence and produce documents |
11 |
24.02.3 |
|
Application for an order to show cause |
12 |
25.01 |
|
Writ of certiorari |
13 |
25.06.3 |
|
Writ of mandamus |
14 |
25.08.2 |
|
Writ of habeas corpus |
15 |
25.09.3 |
|
Writ of prohibition |
16 |
25.20 |
|
Application for removal |
17 |
26.01 |
|
Applicant's summary of argument |
18 |
26.03.2 |
|
|
|
41.05.2 |
|
|
|
41.10.3 |
|
Respondent's summary of argument |
19 |
26.04.2 |
|
|
|
41.06.2 |
|
Writ of summons |
20 |
27.01 |
|
Summons |
21 |
28.02.1 |
|
|
|
57.05.2 |
|
Election petition |
22 |
30.01 |
|
Application for leave or special leave to appeal |
23 |
41.01.1 |
|
Notice of appeal |
24 |
41.05.3 |
|
|
|
41.10.2 |
|
|
|
42.02.1 |
|
Notice of discontinuance |
25 |
41.12.1 |
|
|
|
42.14.1 |
|
Notice of cross‑appeal |
26 |
42.08.2 |
|
Notice of contention |
27 |
42.08.5 |
|
Bill of costs |
28 |
54.02.01 |
|
Certificate of taxation |
29 |
57.04.3 |
Form 1 Notice of a constitutional matter
(rule 5.01.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Appellant
and
CD
Defendant/Respondent
NOTICE OF A CONSTITUTIONAL MATTER
1. The [ party whose case raises the matter e.g., plaintiff, appellant, etc ] gives notice that this proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of Section 78B of the Judiciary Act 1903 .
2. [ State the nature of the matter (e.g., the constitutional issue which is said to arise). ]
3. [ State the facts showing the matter is one to which Section 78B of the Judiciary Act 1903 applies. ]
Dated: [ e.g., 6 October 2003 ]
................(signed)...............
( Plaintiff/Appellant or
solicitor for Plaintiff/Appellant )
To:
(rule 8.01.1)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Appellant
and
CD
Defendant/Respondent
JUSTICE(S)
DATE GIVEN
INITIATING PROCESS [ State whether by application or appeal. ]
APPEARANCE [ Set out names of persons who appeared; state whether counsel or solicitor and whom they represented; state the non-appearance of any person entitled to appear who did not. ]
THE JUDGMENT OF THE COURT IS:
DATE AUTHENTICATED
..............................
Registrar
(rule 8.01.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Appellant
and
CD
Defendant/Respondent
ORDER
JUSTICE(S)
DATE GIVEN
INITIATING PROCESS [ State whether by application or appeal. ]
APPEARANCE [ Set out names of persons who appeared; state whether counsel or solicitor and whom they represented; state the non-appearance of any person entitled to appear who did not. ]
THE COURT ORDERS THAT:
DATE AUTHENTICATED
..............................
Registrar
(rule 8.04.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Appellant
and
CD
Defendant/Respondent
CONSENT
We consent to the making of the following order in this proceeding:
[ State order sought ]
Dated: [ e.g., 6 October 2003 ]
..................(signed).............
( Plaintiff/Appellant or
solicitor for Plaintiff/Appellant )
..................(signed)..............
( Defendant/Respondent or
solicitor for Defendant/Respondent )
(rule 11.03.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
ARREST WARRANT
TO THE MARSHAL
Arrest [ name ] and bring that person before the Court [or a Justice] forthwith to answer a charge of contempt. If it is not practicable to bring [ name ] before the Court forthwith detain him/her in custody and, when it is practicable to bring him/her before the Court, do so forthwith.
Dated: [ e.g., 6 October 2003 ]
..............................
Justice
(rule 11.03.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
COMMITTAL WARRANT
TO THE MARSHAL
TAKE [ name ] to the prison at ............................ and deliver him/her to the Governor of that prison.
OR
ARREST [ name ] and take him/her to the prison at ................................ and deliver him/her to the Governor of that prison.
..............................
Justice
TO THE GOVERNOR of the prison at ..................................
RECEIVE [ name ] into your custody and keep him/her until the further order of the Court.
[ name's ] committal is for contempt of Court in that [ state nature of contempt ].
Dated: [ e.g., 6 October 2003 ]
..............................
Justice
(rules 23.01.3, 31.01.1, 41.04.2 and 42.06.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Applicant/Appellant
and
CD
Defendant/Respondent
NOTICE OF APPEARANCE
The defendant/respondent [CD] appears.
The address for service of [CD] is ..............................
Dated: [ e.g., 6 October 2003 ]
..................(signed)..................
( Defendant/Respondent or
solicitor for Defendant/Respondent )
(rules 23.02, 41.04.3 and 42.06.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff/Applicant/Appellant
and
CD
Defendant/Respondent
SUBMITTING APPEARANCE
The defendant/respondent [CD] submits to any order the Court may make in this matter save as to costs.
The address for service of [CD] is ..............................
Dated: [ e.g., 6 October 2003 ]
.................(signed)...................
( Defendant/Respondent or
solicitor for Defendant/Respondent )
(rule 23.03.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
CONDITIONAL APPEARANCE
The defendant [CD] enters a conditional appearance in this matter.
The address for service of [CD] is ..............................
Dated: [ e.g., 6 October 2003 ]
......................(signed)...................
( Defendant or solicitor for Defendant )
Form 10 Subpoena to give evidence
(rule 24.02.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
SUBPOENA
To
of [ address ]
YOU ARE SUMMONED to attend and produce this subpoena before the Court [or a Justice] at [ address of Court ] on [ date ] at [ time ] [ am or pm ] or, if notice of a later day is given to you by the party by whom this subpoena is filed, or by the solicitor for that party, on that later day, and until you are excused from further attending.
Dated: [ e.g., 6 October 2003 ]
..............................
Registrar
This subpoena was filed by ........................ on behalf of [ party by whom subpoena filed ].
Form 11 Subpoena to give evidence and produce documents
(rule 24.02.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
SUBPOENA
To
of [ address ]
YOU ARE SUMMONED to attend and produce this subpoena and the other documents and things specified in the Schedule before the Court [or a Justice] at [ address of Court ] on [ date ] at [ time ] [ am or pm ] or, if notice of a later day is given to you by the party by whom this subpoena is filed, or by the solicitor for that party, on that later day, and until you are excused from further attending.
Schedule
[ description of documents and things to be produced ]
Filed: [ e.g., 6 October 2003 ]
..............................
Registrar
This subpoena was filed by ........................ on behalf of [ party by whom subpoena filed ].
Form 12 Application for an order to show cause
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
To [ Defendant ]
of [ Address ]
TAKE NOTICE that this application has been made by the applicant for the relief that is set out below on the grounds that are set out below.
IF YOU INTEND TO DEFEND the proceeding you must file a notice of appearance in the office of the Registry named above.
IF YOU ARE WILLING TO SUBMIT to any order that the Court may make, save as to costs, you may file a submitting appearance in the office of the Registry named above.
THE TIME FOR FILING AN APPEARANCE is as follows:
(a) where you are served with the application within Australia -- 14 days from the date of service;
(b) in any other case -- 42 days from the date of service.
THE RELIEF CLAIMED is
1. [ state precisely the relief claimed ]
2.
THE GROUNDS ON WHICH THE RELIEF IS CLAIMED are
1. [ state precisely the grounds relied on ]
2.
This application shall be heard at the time and place stated
Either [ if a summons is to be served with the application ] in the summons served with this application
Or [ if no summons is to be served with the application ] in a summons to be served at a later time.
This application was filed by the plaintiff [or by ............................ on behalf of the plaintiff].
Dated: [ e.g., 6 October 2003 ]
................(signed)...............
( Plaintiff or Plaintiff's solicitor )
The plaintiff's address is .........................
The plaintiff's address for service is .........................
(rule 25.06.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
WRIT OF CERTIORARI
To [ Name ]
of [ Address ]
THIS WRIT REQUIRES you on or before [ date ] to send to the High Court of Australia [ ] Registry at [ address ] [ state the record or decision to be quashed ] together with this Writ for that Court to deal with as it sees fit.
Dated: [ e.g., 6 October 2003 ]
..............................
Registrar
(rule 25.08.2)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
WRIT OF MANDAMUS
To [ Name ]
of [ Address ]
THIS WRIT COMMANDS you to [ set out act to be done ] or show cause why it has not been done.
YOU ARE REQUIRED TO make a return to this Writ by filing a notice on or before [ date ] stating whether you have done what you are commanded to do by this Writ or stating why it has not been done.
TAKE NOTICE that disobeying this Writ is a contempt of Court which may be punished by imprisonment, fine or both.
Dated: [ e.g., 6 October 2003 ]
...........................
Registrar
(rule 25.09.3)
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
WRIT OF HABEAS CORPUS
To [ Name ]
of [ Address ]
HAVE the plaintiff [ or name of person restrained ] before Justice ........ at [ address of Court ] at [ time ] [ am or pm ] on [ date ] and thereafter to submit to the further order of the Court or a Justice as to the custody of that person ( the detainee ).
YOU ARE REQUIRED to make a return to this Writ by filing a notice stating the ground or grounds of detention of the detainee and serving a copy on the plaintiff on or before the time referred to above.
TAKE NOTICE that disobeying this Writ is a contempt of Court which may be punished by imprisonment, fine or both.
Dated: [ e.g., 6 October 2003 ]
...............................
Registrar
IN THE HIGH COURT OF AUSTRALIA No. of 20--
[ ] REGISTRY
BETWEEN: AB
Plaintiff
and
CD
Defendant
WRIT OF PROHIBITION
To [ Name ]
of [ Address ]
THIS WRIT PROHIBITS YOU from further proceeding [ state what is prohibited ].
Dated: [ e.g., 6 October 2003 ]
..............................
&n