Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p32
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 74442–77011

or officer of the person to whom the writ or order is addressed at the place where the person is detained.
25.16.4  The person to whom a writ of habeas corpus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit deposing to the ground or grounds of detention of the person named in the writ.

25.17  Writ of quo warranto
  If a person wrongfully claims to hold an office under the Commonwealth, the Court or a Justice may grant an injunction restraining the person from purporting to act in that office and may, if the case so requires, declare the office to be vacant.

Part 26—Applications for removal under section 40 of the Judiciary Act 1903

26.01  Form of application for removal
26.01.1  An application for an order removing a cause or part of a cause under section 40 of the Judiciary Act 1903 shall:
 (a) be in Form 17; and
 (b) be accompanied by one or more affidavits in support; and
 (c) be served within 7 days after the date on which the application is filed or such further time as the Court or a Justice may, by order, allow.
26.01.2  An application shall be signed:
 (a) by a legal practitioner on behalf of the applicant; or
 (b) if the applicant is unrepresented—by the applicant.
26.01.3  An application:
 (a) must not exceed 12 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.

26.02  Affidavits in support
26.02.1  The affidavit or affidavits filed in support of an application for an order for removal must state concisely:
 (a) the court in which the cause is pending and the nature of the cause pending; and
 (b) the factual background to the proceedings; and
 (c) what findings of fact have been made.
26.02.2  The affidavit or affidavits in support of an application for an order for removal must exhibit such documents as are necessary for the proper determination of the application.

26.03  Appearance
  A respondent shall, within 14 days after service of the application, file and serve on the applicant:
 (a) a notice of appearance in Form 7; or
 (b) a submitting appearance in Form 8.

26.04  Response
26.04.1  A respondent shall file and serve a response within 21 days after service of the application.
26.04.2  A response shall be in Form 18.
26.04.3  A response shall be signed:
 (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