Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p40
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 40/53)
Character Range: 453206–455707

rule must be made within 28 days after the dismissal.

Part 13.9—Case stated

13.46  Application of Part 13.9
  This Part applies to a proceeding (a case stated) in relation to which the court and a party want the Federal Circuit and Family Court (Division 1) to determine a question of law arising in the proceeding under section 34 of the Federal Circuit and Family Court Act.

13.47  Case stated
 (1) If a Judge orders a party to prepare a case stated for the consideration of the Federal Circuit and Family Court (Division 1), the party must:
 (a) confer with each other party about the terms of a draft case stated; and
 (b) prepare the draft case stated based on the agreed terms.
 (2) The draft case stated must concisely state the facts and the question of law to be determined.
 (3) When the draft of the case stated is completed, the party who prepared it must:
 (a) ask the Appeal Judicial Registrar to list the proceeding for a procedural hearing to have the draft case stated settled by the Judge; and
 (b) serve the draft case stated and a notice of the date fixed for the procedural hearing on each other party and any other person the Judge directs.

13.48  Objection to draft case stated
 (1) A party served with a draft case stated under paragraph 13.47(3)(b) may object to its terms, or seek an amendment of it, by giving written notice to the party who prepared the draft of:
 (a) any objections; or
 (b) any amendments sought to be made when the draft is settled by the Judge.
 (2) The party must give the notice within 7 days after the draft case stated was served on the party.

13.49  Settlement and signing
 (1) The party who prepared the draft case stated must lodge:
 (a) the draft case stated; and
 (b) any objections or amendments sought by the other party; and
 (c) a request that the Judge settle the draft case stated.
 (2) The party who prepared the draft case stated must, within 3 days after it has been settled, file the case stated, as settled, for signature by the Judge.

13.50  Filing of case stated
  A party who prepares a draft case stated must, within 7 days after it has been signed under rule 13.49:
 (a) file the case stated in the National Appeal Registry; and
 (b) serve the case stated on each other party and any other person the Judge directs.

13.51  Fixing of hearing date
  On the filing of the signed case stated under rule 13.50, the Appeal Judicial Registrar must:
 (a) fix a date for the hearing of the case stated; and
 (b) give each party