Commonwealth Numbered Regulations

1991 No. 473 HIGH COURT RULES (AMENDMENT) - RULE 13

13. The following Order is inserted after ORDER 72:
ORDER 73
JUDICIARY ACT 1903-REGON 78B NOTICE Rule 1
1 (1) Where a proceeding pending in the Court involves a matter arising under
the Constitution or involving its interpretation, within the meaning of
section 78B of the Judiciary Act 1903, the party whose case raises the matter
shall file a notice of a constitutional matter in the Registry at Canberra.
1 (2) Notice of a constitutional matter shall state-

   (a)  specifically the nature of the matter

   (b)  the facts showing that the matter is one to which subrule (l) applies.
1 (3) The notice of a constitutional matter shall be substantially in the form
numbered 69 in the First Schedule. Rule 2 The party whose case raises the
constitutional matter or such other party as the Court may direct shall file
notice of a constitutional matter and serve a copy thereof on every other
party and on the Attorneys-General of the Commonwealth, the States, the
Northern Territory, and the Australian Capital Territory

   (a)  if the matter arises in any pleading-within 7 days of the delivery of
        the pleading; or

   (b)  if the matter arises in any originating process-within 7 days of the
        filing of the process; or

   (c)  otherwise if the matter arises before the date fixed for a hearing of
        a proceeding-not later than 14 days before that date; or

   (d)  otherwise if the matter arises during the hearing of any proceeding
        before the Court or a Justice-within such time as the Court or a
        Justice directs. Rule 3 The party whose case raises the constitutional
        matter shall file an affidavit of service of the notice of a
        constitutional matter proving compliance with paragraph 2(a), (b), (c)
        or (d) not later than 2 days before the date appointed for the hearing
        of a proceeding.