Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p23
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 53066–55668

Act 1903.
 [End of Chapter 1. Chapter 2 commences with Part 20]

Chapter 2—Proceedings in the original jurisdiction of the Court

Part 20—Commencing proceedings

20.01  Form of originating document
20.01.1  If the relief sought is or includes:
 (a) a writ of mandamus or prohibition or certiorari, whether against an officer of the Commonwealth or some other person; or
 (b) a writ of habeas corpus or quo warranto;
a proceeding must be commenced in the Court by filing an application for a constitutional or other writ in accordance with Part 25.
20.01.2  If the relief sought is an order removing a cause or part of a cause pursuant to section 40 of the Judiciary Act 1903, a proceeding shall be commenced in the Court by filing an application for removal in accordance with Part 26.
20.01.3  If a person wishes to dispute the validity of an election or return pursuant to Part XXII of the Commonwealth Electoral Act 1918, a proceeding shall be commenced in the Court by filing a petition in accordance with Chapter 3.
20.01.4  In any other case a proceeding shall be commenced in the Court by the issue of a Writ of Summons in accordance with Part 27.

Part 21—Parties

21.01  Joinder of parties
  Two or more persons may be joined as plaintiffs or as defendants in any proceeding:
 (a) where the Court or a Justice, before or after the joinder, gives leave to do so; or
 (b) where
 (i) if separate proceedings were brought by or against each of them, some common question of law or fact would arise in all of the proceedings; or
 (ii) all rights to relief in the proceeding (whether joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.

21.02  Joinder of claims
  A plaintiff may join any number of claims against a defendant whether the plaintiff makes the claims in the same or different capacities and whether the claims are made against the defendant in the same or different capacities.

21.03  Joinder inconvenient
  Where the joinder of claims or parties may embarrass or delay the trial of the proceeding or cause prejudice to any party or is otherwise inconvenient the Court or a Justice may at any time order that:
 (a) there be separate trials;
 (b) any claim be excluded; or
 (c) any party cease to be a party, with or without a condition that the party be bound by the determination of the questions in the proceeding.

21.04  Misjoinder and non‑joinder
  A proceeding shall not be defeated because of the misjoinder or non‑joinder of any party or person and the Court may determine all questions in the proceeding so far