FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 8.12 Service of notice

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 8.12

         (1)   The party filing the notice must:

                (a)    serve a copy of the notice on:

                          (i)    each person as required by section 78B of the Judiciary Act 1903 ; and

                         (ii)    each other party; and

               (b)    as soon as practicable after serving the notice, file an affidavit of service; and

                (c)    give a copy of each document filed in the proceeding relevant to the constitutional matter (whether filed before or after the notice) to any Attorney-General who has intervened, as soon as practicable after notice of the intervention is given to the party.

         (2)   The notice must be served:

                (a)    if the matter arises in any originating application -- within 7 days after the day the application is filed; or

               (b)    if the matter arises in any pleading -- within 7 days after the pleading is filed; or

                (c)    if the matter arises before the date fixed for a hearing of a proceeding and paragraph (a) or (b) does not apply -- not later than 14 days before the date fixed for the hearing; or

               (d)    in any other case -- within the time that the Court directs.

Note    For the Court's powers when a constitutional matter arises, see sections 78B (2) and (5) of the Judiciary Act 1903 .

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