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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 1.23 Time for filing and service of notice of constitutional matter

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 1.23

Time for filing and service of notice of constitutional matter

1.23 Time for filing and service of notice of constitutional matter

(cf Federal Court Rules , Order 51, rule 2)

(1) The party whose case raises the constitutional matter, or such other party as the court may direct, must file notice of a constitutional matter and serve a copy of the notice on all other parties and the Attorneys-General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory--
(a) if the matter arises before any directions hearing or case management conference in the proceedings, not later than 2 days before the date of that hearing or conference, or
(b) if no directions hearing or case management conference has been fixed or is imminent, as soon as practicable, or
(c) if the matter arises at a hearing, within such time as the court directs.
(2) As soon as practicable after a party files and serves a notice in the circumstances referred to in subrule (1)(b), the party must apply to the court for directions.