Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3359

Disputed election—particulars of contested ballot papers

    (1)     This rule applies if an election application

        (a)     seeks a declaration that—

              (i)     a person who has been declared elected was not duly elected; or

              (ii)     a person who has not been declared elected was duly elected; and

        (b)     states a claim or objection to ballot papers or a class of ballot papers.

    (2)     Not later than 7 days before the return date for the election application, each party to the proceeding must file, and serve on each other party

        (a)     a list of the ballot papers or classes of ballot papers intended to be claimed or objected to; and

        (b)     if the ballot papers are being objected to—a statement of the grounds for the objection.

    (3)     If a party does not include a ground for an objection in the party's statement mentioned in subrule (2) (b), the party may only rely on the ground with the court's leave.

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

    (4)     Without limiting rule 6902 (Leave may be given on conditions), leave may be given on any of the following conditions:

        (a)     conditions about amendment of the statement and service of the amended statement;

        (b)     conditions about adjournment and costs.



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