Commonwealth Numbered Regulations

1994 No. 60 FAMILY LAW RULES (AMENDMENT) - RULE 9

9.1 After Order 31B insert:

"ORDER 31C
JUDICIARY ACT 1903-REGON 78B

Notice of a constitutional matter-Form 42B

"1. (1) Unless the court otherwise directs, a party to a proceeding pending in
the Court who becomes aware that the proceeding involves a matter arising
under the Constitution or involving its interpretation, within the meaning of
section 78B of the Judiciary Act 1903, must file a notice of a constitutional
matter in the filing registry and serve a copy on each party to the
proceeding.



"(2) Notice of a constitutional matter must state:

   (a)  the nature of the matter; and

   (b)  the facts showing that the matter is one to which subrule (1) applies.



"(3) Notice of a constitutional matter must be in accordance with Form 42B.

Notice to Attorneys-General-Form 42B

"2. If the court gives directions for notice in accordance paragraph 78B (2)
(b) of the Judiciary Act 1903, the notice must be in accordance with Form 42B.

Filing of affidavit of service

"3. The court may give directions for the filing of an affidavit of service of
a notice referred to in rule 1 or 2 as it sees fit.".