Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p12
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 27440–30011

of a constitutional matter must file an affidavit of service of the notice, proving compliance with rule 5.02, within 2 days after service and no later than 2 days before the day fixed for the hearing of the proceeding.
5.03.2  Rule 5.03.1 has effect subject to rule 9.04A.3.

5.04  Filing and serving notice of intervention
5.04.1  If the Attorney‑General of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory intends to intervene in a proceeding before the Court under section 78A of the Judiciary Act 1903, the Attorney‑General must, before taking any step in the proceeding:
 (a) file a notice of intervention; and
 (b) serve a copy of the notice on each party and any other intervener.
5.04.2  The notice of intervention must be in Form 1A.

Part 6—General rules

6.01  Cases not provided for by Rules
6.01.1  Where the manner or form of procedure for commencing or taking any step in a proceeding or exercising the jurisdiction of the Court is not prescribed by these Rules or there is any doubt about the manner or form of that procedure the Court, a Justice or the Registrar shall determine what procedure is to be adopted and may give directions.
6.01.2  A step taken in accordance with directions given by the Court, a Justice or the Registrar is regular and sufficient.

6.02  Solicitors
6.02.1  Where these Rules permit or require an act to be done by or to a party, if the party sues or appears by a solicitor, the act shall be done by or to the solicitor unless it is expressly provided that it shall be done by or to the party personally.
6.02.2  A solicitor whose name is indorsed on originating process shall, on demand in writing by a defendant, forthwith file and serve on that defendant a statement in writing stating whether that process was issued or filed by or with the solicitor's authority and on the instructions of the person named as plaintiff or applicant.
6.02.3  If, within 1 month of the making of a demand in writing under rule 6.02.2, the solicitor does not file and serve a statement in writing stating that the originating process was issued or filed by or with the solicitor's authority and on the instructions of the person named as plaintiff or applicant further proceedings on the process shall not be taken without the leave of the Court or a Justice.
6.02.4  A party suing or defending by a solicitor may change solicitors without order.
6.02.5  A solicitor for a party may cease to be solicitor for that party only:
 (a) if a new solicitor for the party files a notice of change of