Commonwealth Repealed Regulations

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This legislation has been repealed.

FEDERAL COURT RULES - ORDER 51A RULE 5

Remittal of application for order nisi

         (1)   Subject to subrule (2) and to any Act to the contrary, when the Court or a Judge hears an application remitted by the High Court for an order nisi for a constitutional writ, the Court or Judge:

                       (a)    will at the same time hear the parties on whether, if the order nisi were made, it should be made absolute; and

                      (b)    if satisfied that an order absolute should be made, will not make the order nisi , but will proceed directly to make the order absolute.

         (2)   In a particular case, the Court or Judge may order that subrule (1), or any part of it, does not apply.

   

   



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