Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 20.01

20.01.1     If the relief sought is or includes:

  (a)   a writ of mandamus or prohibition or certiorari, whether against an officer of the Commonwealth or some other person; or

  (b)   a writ of habeas corpus or quo warranto;

a proceeding must be commenced in the Court by filing an application for a constitutional or other writ in accordance with Part   25.

20.01.2     If the relief sought is an order removing a cause or part of a cause pursuant to section   40 of the Judiciary Act 1903 , a proceeding shall be commenced in the Court by filing an application for removal in accordance with Part   26.

20.01.3     If a person wishes to dispute the validity of an election or return pursuant to Part   XXII of the Commonwealth Electoral Act 1918 , a proceeding shall be commenced in the Court by filing a petition in accordance with Chapter   3.

20.01.4     In any other case a proceeding shall be commenced in the Court by the issue of a Writ of Summons in accordance with Part   27.