Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p29
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 29/48)
Character Range: 82177–84818

relation to the determination of the question of law.
Note 2: For the form of the notice of address for service, see rule 1.38.

Division 4.6—Cases stated and questions reserved

4.32  Cases stated and questions reserved
 (1) A case stated or a question reserved in accordance with subsection 30AE(6) or section 30CA of the Act must be in the form of a special case.
 (2) A special case must:
 (a) be divided into consecutively numbered paragraphs; and
 (b) state the facts, briefly but specifically; and
 (c) be accompanied by all documents necessary to enable the Court to decide the questions raised by the special case.
 (3) The Court may draw from the facts stated and the accompanying documents any inference, whether of fact or law, that might have been drawn from them if proved at trial.

4.33  Special case to be prepared
  Unless the court stating the case or reserving the question otherwise directs, a special case referred to in rule 4.32 must:
 (a) be prepared in draft by the prosecutor after consultation with the accused; and
 (b) include an address for service of each of the parties; and
 (c) be settled by the court; and
 (d) be sent by the court to the proper Registry.

4.34  Directions
  A party may apply to the Court for directions in relation to the management, conduct and hearing of a case stated or a question reserved in accordance with subsection 30AE(6) or section 30CA of the Act.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

Part 5—Bail

5.01  Bail application
 (1) An application for bail under section 58DA of the Act may be made:
 (a) in writing; or
 (b) if leave is given—orally at a hearing of the Court.
 (2) A written application must be made by filing an application in accordance with Form CP31.
 (3) A written application must be accompanied by an affidavit that complies with any practice note dealing with applications for bail.
Note: A copy of any practice notes may be obtained from the District Registry or downloaded from the Court's website at http://www.fedcourt.gov.au.
 (4) Any additional material the accused relies on in support of the application must be attached to the affidavit.
 (5) If an application is made in writing, a stamped copy of the written application and the accompanying affidavit must be served on the prosecutor at least 2 days before the hearing of the application.

5.02  Application to vary or revoke bail order
 (1) An application under paragraph 58EA(1)(b) of the Act for a bail order to be varied or revoked on the basis that the accused has failed to comply with the accused's bail undertaking