Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3563

Judicial review—filing and serving statements

    (1)     On the filing of a judicial review application in relation to a decision by a person (the decision-maker ), or not later than 7 days after the day the application is filed, the plaintiff must file copies of any of the following documents in the plaintiff's possession, unless a copy of the document has been filed previously in the proceeding:

        (a)     a statement made by the decision-maker of the terms of the decision;

        (b)     either—

              (i)     for an application for a statutory order of review—a statement under the title="A1989-33">Judicial Review Act

, section 13 (Reasons for decision may be obtained) or the href="http://www.legislation.act.gov.au/a/2008-35" title="A2008-35">ACT Civil and Administrative Tribunal Act 2008

, section 22B (Requirement to give reasons statements); or

              (ii)     any other statement given by or on behalf of the decision-maker purporting to be a statement of reasons for the decision.

    (2)     The plaintiff must serve a stamped copy of each statement filed by the plaintiff under subrule (1) on each person on whom a copy of the judicial review application is served not later than 5 days after the day the statements are filed.

Note 1     See r 62 ( When originating application must be served) and r 64 (Originating application—filing and service of supporting affidavits).

Note 2     If a defendant objects to the competency of an application for a statutory order of review, the defendant may file a conditional notice of intention to respond under r 111 (Conditional notice of intention to respond).



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