New South Wales Consolidated Regulations

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SUPREME COURT RULES 1970 - SECT 79.12

Respondent not opposing petition

79.12 Respondent not opposing petition

(1) Where, before the trial of a petition, a respondent (other than the Electoral Commissioner) files a notice that he does not intend to oppose a petition, he shall serve the notice on the petitioner and publish the notice in a newspaper circulating in the Electoral District.
cf Representation of the People Act, 1949 (Eng), s 134 (1), and Election Petition Rules, 1960 (Eng), rr 15, 16.
(2) A notice under subrule (1) shall add a statement to the effect that any person who might have been a petitioner may, not later than 28 days after the publication of the notice, apply by motion to the Court at such time and place as the Court may appoint to be substituted as a respondent.
(3) A respondent who has filed a notice under subrule (1) shall not be allowed to appear or act as a party against the petition.
(4) Where a respondent files a notice under subrule (1), the Prothonotary shall report that fact to the Clerk of the Legislative Assembly.



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