Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p129
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 129/154)
Character Range: 524509–527016

that the Court to which the case is stated may decide the question in issue.
Note 2: Section 25(6) of the Act empowers the Court, constituted by a single Judge, to state a case or reserve a question for consideration by the Full Court in relation to any matter to which an appeal would lie from the single Judge to the Full Court.
Note 3: Section 26 of the Act gives courts from which appeals lie to the Court, the power to state a case or reserve a question for the consideration of the Court and empowers the Court accordingly.
Note 4: If a case is stated, or a question reserved for the Court by a court of summary jurisdiction, the case may be considered by a single Judge or the Full Court. However, if the Court stating the case or reserving the question is not a court of summary jurisdiction, the case stated or question reserved must be considered by the Full Court—see section 26(2)(b) of the Act.

38.02  Case stated to be prepared etc
  Unless the Court or other authority stating the case or reserving the question otherwise directs, the special case must:
 (a) be prepared in draft by the party having the carriage of the proceeding after consultation with the other parties; and
 (b) include an address for service of each of the parties; and
 (c) be settled by the Court or other authority stating the case or reserving the question; and
 (d) be transmitted by the Court or other authority, with 4 additional copies, to the Registry at the proper place.
Note: Where a case stated has been referred to the Court, a Registrar will fix the return date and place for hearing and notify the parties of the date of that hearing.

38.03  Directions
  A party may apply to the Court for directions in relation to the management, conduct and hearing of the case stated or question reserved.

Chapter 5—Judgments, costs and other general provisions

Part 39—Orders

Division 39.1—Judgments and orders

39.01  Date of effect of judgment or order
  A judgment or an order takes effect on the date on which the judgment is pronounced or the order is made.

39.02  Time for compliance with orders
  A person ordered to do an act or thing or to pay money into Court must do so in the time specified in the order or, if no time is specified, within 14 days after the date of service of the order on the person.

39.03  Dismissal of proceedings and stay of further proceedings
 (1) If the Court makes an order dismissing a proceeding or part of a proceeding, the applicant may apply to the Court:
 (a) for an