Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p33
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
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Character Range: 76786–79502

(a) by a legal practitioner on behalf of the respondent; or
 (b) if the respondent is unrepresented—by the respondent.
26.04.4  A response:
 (a) must not exceed 10 pages; and
 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
26.04.5  A respondent who disputes any facts set out in the application must, at the time of filing the response, file and serve an affidavit setting out the facts in dispute.

26.05  Reply
26.05.1  An applicant may, within 7 days after service of a response, file and serve a reply.
26.05.2  A reply shall be signed:
 (a) by a legal practitioner on behalf of the applicant; or
 (b) if the applicant is unrepresented—by the applicant.
26.05.3  A reply:
 (a) must not exceed 5 pages; and
 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

26.07  Determination of application
26.07.1  A Full Court may make an order determining an application without listing the application for hearing.
26.07.1A  A Full Court may make an order under rule 26.07.1, and may publish reasons for the decision, other than in open court.
26.07.2  If an application is listed for hearing, a party who is present at the hearing, or a legal practitioner on behalf of a party, may appear and, subject to rule 26.07.3, may present oral argument.
26.07.3  The time allocated to the parties for oral argument on the hearing of an application shall be as the Court orders or, in default of any order, shall be:
 (a) applicant—20 minutes; and
 (b) respondent—20 minutes; and
 (c) applicant in reply—5 minutes.

26.08  Discontinuance of application
26.08.1  An applicant may discontinue an application by filing a notice of discontinuance in Form 25 and serving the notice on the respondent.
26.08.2  Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent's costs in respect of the application, and such costs shall be taxed, unless agreed.
26.08.3  Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.
26.08.4  Rules 26.08.2 and 26.08.3 apply only to applications for removal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent.

26.09  Deemed abandonment of application by delay
26.09.1  Unless the Court or a Justice or the Registrar otherwise orders or directs, an application is deemed to have been abandoned if the applicant fails to comply with paragraph 26.01.1(c).
26.09.2  On a request by the respondent, the Registrar shall provide a certificate of deemed abandonment and