Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3306

Cross-vesting—relying on jurisdiction under cross-vesting laws

    (1)     This rule applies if a party to a proceeding relies on a provision of a cross-vesting law.

    (2)     The party must include in the process, pleading or affidavit by which the cross-vesting law is relied on a statement—

        (a)     identifying the provision of the cross-vesting law relied on; and

        (b)     identifying each claim or ground of defence for which the provision of the cross-vesting law is relied on; and

        (c)     the grounds on which the provision is relied on.

    (3)     Failure to comply with subrule (2) does not invalidate the process, pleading or affidavit.

    (4)     If a party who has not complied with subrule (2) wishes to rely on a provision of a cross-vesting law, the court may, on application by the party, give directions.

Note     Pt 6.2 (Applications in proceedings) applies to an application for directions.

    (5)     If a matter to be decided in the proceeding is a special federal matter, the statement mentioned in subrule (2) must also—

        (a)     identify the matter as a special federal matter; and

        (b)     state the grounds on which it is a special federal matter.



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