Commonwealth Numbered Regulations

FEDERAL COURT RULES (AMENDMENT) 1997 No. 425 - RULE 3

3.1 New Forms 161 and 162: After Form 160, insert:
FORM 161
PETITION DISPUTING VALIDITY OF ELECTION
OR RETURN UNDER THE CONSTITUTIONAL 
CONVENTION (ELECTION) ACT 1997 
(Order 80, rule 5) Petition disputing validity of election or return
Constitutional Convention (Election) Act 1997, section 148

Petitioner

Respondent(s) A. PETITION This petition disputes the validity of the
*election/*return of (insert name(s)) as *a delegate/*delegates to the
Constitutional Convention under the election held under the
Constitutional Convention (Election)  Act 1997 on (insert date) for the
*State/*Territory of (insert name of State or Territory for which the election
or return is disputed). B. FACTS RELIED ON BY PETITIONER The facts in support
of this petition are: (state the facts you are relying on to invalidate the
election or return with sufficient particularity to identify the specific
matter or matters you are relying on to justify the grant of relief) C. RELIEF
CLAIMED The petitioner claims to be entitled to the following relief: (state
the relief you claim to be entitled to) Date: eg, 7 May 19 (signed, *candidate
at election in dispute/

*person entitled to vote in election/

*Electoral Commission) (The remainder of this section need not be completed if
the petition is filed by the Electoral Commission) in the presence of:
............................................,
.................................................., (print full name) (print
full name) ............................................
................................................... (insert occupation)
(insert occupation) of of ............................................
................................................... (insert address) (insert
address) ............................................
................................................... (signature) (signature) D.
NOTICE TO RESPONDENT To: (insert name and address of respondent) A directions
hearing for this petition will be heard by the Court at the time, date and
place mentioned below. If you or your legal representative do not appear
before the Court at the hearing, the petition may be dealt with and an order
made in your absence. As soon after the time mentioned as the business of the
Court will allow, any of the following may happen:

   (a)  the petition may be heard;

   (b)  directions may be given for the further conduct of the proceeding;

   (c)  any application for interlocutory relief may be heard. Before any
        attendance at Court, you must file an appearance in the Registry. Time
        and date for hearing: (to be entered by Registry unless fixed by
        Court) Place: (address of Court) E. ABRIDGMENT OF SERVICE (Complete
        this section if the time for service has been abridged) The time by
        which this petition must be served has been abridged by order made on
        (insert date) to (insert time and date). Date: eg, 7 May 19 (signed,
        Registrar) F. FILING AND SERVICE This petition is filed by (insert
        name) whose address for service is (insert address).

* Omit if not applicable

FORM 162
NOTICE OF PETITION DISPUTING VALIDITY OF ELECTION
OR RETURN UNDER THE CONSTITUTIONAL 
CONVENTION (ELECTION) ACT 1997  (Order 80, rule 7) Notice of petition
disputing validity of election or return A petition was filed by (insert name
of petitioner), (insert petitioner's occupation) of (insert petitioner's
address) on (insert date petition was filed) in the Federal Court of Australia
disputing the validity of the *election/*return of (insert name(s)) as *a
delegate/*delegates to the Constitutional Convention under the election held
under the Constitutional Convention (Election) Act 1997 on (insert date) for
the *State/*Territory of (insert name of State or Territory for which the
election or return is disputed). The facts relied on in support of the
petition are: (state the facts in numbered paragraphs as concisely as
possible) The petition claims the following relief: (state in numbered
paragraphs the relief claimed) The petition is listed for a directions hearing
before a Judge of the Federal Court of Australia at (insert address) on
(insert date endorsed on petition).

* Omit if not applicable