Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:11:p5
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 11 (pt 5/11)
Character Range: 104274–106932

property settlement or spousal maintenance proceeding, or a de facto property settlement or maintenance proceedings, must have filed with it:
 (a) proof that the proceeds of crime order has ceased to be in force or that the forfeiture application has been finally determined; and
 (b) if made by a party—the written consent of the proceeds of crime authority under section 79D, 90P or 90VC of the Family Law Act.

2.13  Notice of constitutional matter
 (1) If a party is, or becomes, aware that a proceeding involves a matter that:
 (a) arises under the Constitution or involves its interpretation, within the meaning of section 78B of the Judiciary Act 1903; and
 (b) is a genuine issue in the proceeding;
the party must give written notice of the matter to the Attorneys‑General of the Commonwealth, and each State and Territory, and to each other party to the proceeding.
 (2) The notice must state:
 (a) the nature of the matter; and
 (b) the issues in the proceeding; and
 (c) the constitutional issue to be raised; and
 (d) the facts relied on to show that section 78B of the Judiciary Act 1903 applies.
Note: Section 78B of the Judiciary Act 1903 provides that once a court becomes aware that a proceeding involves a matter referred to in that section, it is the court's duty not to proceed to determine the proceeding unless and until it is satisfied that notice of the proceeding has been given to the Attorneys‑General of the Commonwealth and of the States and Territories.

Part 2.3—Form of documents

2.14  Formal requirements for documents
 (1) Documents, other than forms, filed with the court must:
 (a) be typed in at least 12 point font size (Times New Roman or equivalent) with line spacing of 1.5 lines; and
 (b) have margins (left, right, top and bottom) of approximately 2.5 cm; and
 (c) have each page consecutively numbered; and
 (d) have a coversheet in the approved form including the court file number distinctive to the proceeding.
 (2) Paper documents should be:
 (a) legible and without erasures, blotting out or material disfigurement; and
 (b) printed on one side only of white A4 paper; and
 (c) securely bound or fastened.
 (3) Electronic documents must be filed in PDF format.
 (4) A document filed or served (other than an affidavit, annexure or exhibit) must be signed by a party or by the lawyer for the party unless the nature of the document is such that signature is inappropriate.
 (5) Subrules (1) to (4) do not need to be strictly complied with if the nature of the document, or the manner of filing, means that strict compliance would be impracticable.
Note: For formal requirements for affidavits, see Part 8.3.