Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p44
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 103096–105746

serving or lodging documents in accordance with rules 41.03.1 and 41.03.2, the applicant shall file an affidavit deposing to the time and manner of that service or lodging.

41.04  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.

41.05  Response
41.05.1  If the applicant is represented by a legal practitioner, a respondent shall file and serve a response within 21 days after service of the application.
41.05.2  If the applicant is unrepresented, any 2 Justices may direct that a respondent file and serve a response. If such a direction is given, the respondent shall file and serve a response within 21 days after the direction is given.
41.05.3  A response shall be in Form 23A.
41.05.4  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.
41.05.5  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.

41.06  Reply
41.06.1  An applicant may, within 7 days after service of a response, file and serve a reply.
41.06.2  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.
41.06.3  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.

41.07  Additional documents
41.07.1  If:
 (a) an applicant is represented by a legal practitioner; and
 (b) a party considers that a document is necessary for the Court's consideration of the application; and
 (c) the document is not a document required by rule 41.01.4;
the party may file an affidavit that exhibits the document.
41.07.2  The affidavit must:
 (a) set out the reasons for filing the document in addition to the documents required by rule 41.01.4; and
 (b) be served on each other party.

41.08  Determination of application
41.08.1  A Full Court may make an order determining an application without listing the application for hearing.
41.08.1A  A Full Court may make an order under rule 41.08.1, and may publish reasons for the decision, other than in open court.
41.08.2  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 41.08.3, may present oral argument.
41.08.3  The time allocated to the parties for oral argument on the hearing of