Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p10
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 22621–25296

have the custody of:
 (a) each document issued by or filed in the Court; and
 (b) the records of the Court kept in the Registry.
4.07.2  The Registrar must keep proper indexes to the documents issued by or filed in the Court.
4.07.3  The Registrar must keep a record of:
 (a) all documents issued by or filed in the Court showing the dates the documents were issued or filed; and
 (b) all steps taken in each application and proceeding in the Court showing the dates the steps were taken.
4.07.4  The Registrar may give a person electronic access to a document issued by or filed in the Court except:
 (a) affidavits and exhibits to affidavits that have not been received in evidence in Court; or
 (b) documents containing information disclosing the identity of a person where disclosure of the identity of that person is prohibited, whether by Act, order of the Court or otherwise; or
 (c) documents containing information to which a suppression order, a non‑publication order, or any other confidentiality order, made by a court applies; or
 (d) documents containing information in relation to which an application for an order referred to in paragraph (c) has been made but has not yet been determined;
if any fee payable under the Fees Regulations in relation to searching or inspecting the document has been paid.
4.07.5  Records referred to in rules 4.07.1 and 4.07.3, and indexes referred to in rule 4.07.2, may be kept by electronic means.
4.07.6  A subpoena for production of a document in the custody of the Registrar must not be issued.

Part 5—Judiciary Act 1903—section 78B notice of a constitutional matter and section 78A notice of intervention

5.01  Filing notice of a constitutional matter
5.01.1  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, intervener, or applicant for leave to intervene or appear who raises the matter must file a notice of a constitutional matter.
5.01.2  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 rule 5.01.1 applies.
5.01.3  The notice of a constitutional matter shall be in Form 1.

5.02  Serving notice of a constitutional matter
5.02.1  If the proceeding is an appeal, or an application for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal, the party, intervener, or applicant for leave to intervene or appear who raises the constitutional matter, or such other party as the Court or a Justice may direct, must:
 (a) file notice of a