Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p29
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 67423–70056

a writ of certiorari must be filed:
 (a) within 6 months after the day the decision sought to be quashed was made; or
 (b) if any other law requires the application to be filed within a shorter period—within that shorter period.

25.03  Time for service
  An application, together with the affidavits in support, must be served within 7 days from the day the application is filed.
Note: For other rules relating to service, see Part 22.

25.04  Parties to an application
25.04.1  A party who makes an application is a plaintiff, and each other party is a defendant.
25.04.2  A defendant must be referred to in the title of the proceeding:
 (a) if the defendant is an officer of the Commonwealth, and a writ of mandamus or prohibition is sought against the officer—by the name of the office held; or
 (b) in any other case—by name, or by the name of the office held by the defendant, or both.

25.05  Affidavits in support
25.05.1  An affidavit filed in support of an application must:
 (a) state concisely:
 (i) the factual background to the proceeding; and
 (ii) the decision or conduct the subject of the application; and
 (b) if the application is not filed within an applicable time limit, explain the failure to comply with that time limit.
25.05.2  The affidavit or affidavits in support of an application must exhibit such documents as are necessary for the proper determination of the application.

25.06  Time for filing appearance
  An appearance by a defendant must be filed within 14 days from service of the application.
Note: For the requirement to file and serve the appearance, see Part 23.

25.07  Response
25.07.1  A defendant must file and serve a response within 28 days from service of the application.
25.07.2  The response must be in Form 12A.
25.07.3  The response must be signed:
 (a) by a legal practitioner on behalf of the defendant; or
 (b) if the defendant is unrepresented—by the defendant.
25.07.4  The 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.
25.07.5  If the defendant disputes or seeks to supplement any facts set out in the application or any affidavit in support of the application, the defendant must, at the time of filing the response, file and serve an affidavit setting out those facts.

25.08  Reply
25.08.1  A plaintiff may, within 7 days from service of a response, file and serve a reply.
25.08.2  The reply must be signed:
 (a) by a legal practitioner on behalf of the plaintiff; or
 (b) if the plaintiff is unrepresented—by the plaintiff.
25.08.3  The reply:
 (a) must