Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p64
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 64/154)
Character Range: 368559–371220

the evidence or other material on which those findings were based or the reasons for making the decision.
 (2) A copy of each document must be served, within 5 days after filing, on each other party.
Note: AAT Act is defined in the Dictionary.

31.04  Service
  A party to an application may apply to the Court for an order that:
 (a) the application be served on the Attorney‑General; or
 (b) the application be served on a specified person or class of persons in a specified manner.

31.05  Notice of objection to competency
 (1) A respondent who objects to the competency of an application must, within 14 days after being served with the application, file a notice of objection to competency:
 (a) in accordance with Form 68; and
 (b) that, briefly but specifically, states the grounds of the objection.
 (2) The applicant carries the burden of establishing the competency of an application.
 (3) A respondent may apply to the Court for the question of competency to be heard and determined before the hearing of the application.
 (4) If a respondent has not filed a notice under subrule (1), and the application is dismissed by the Court as not competent, the respondent is not entitled to any costs of the application.
 (5) If the Court decides that an application is not competent, the application is dismissed.
Rules 31.06–31.10 left blank

Division 31.2—Judiciary Act 1903

31.11  Form of application
 (1) A person who wants to make an application for relief under section 39B of the Judiciary Act 1903 must file an originating application, in accordance with Form 69.
 (2) An application under this rule may be joined with an application under Division 31.1 that arises out of, relates to or is connected with the same subject matter.
Note: Division 31.1 deals with applications under the AD(JR) Act.

31.12  Joinder of claims for relief
 (1) A claim for relief under Division 31.1 that arises out of, relates to or is connected with the same matter as the application under this Division must be made in one application.
Note: Division 31.1 provides for applications for review under the AD(JR) Act.
 (2) A claim for relief, other than an application under Division 31.1, may be joined in an application under this Division if the claim for relief:
 (a) is within the jurisdiction of the Court; and
 (b) arises out of, or relates to or is connected with, the same subject matter as the application.
Rules 31.13–31.20 left blank

Division 31.3—Migration Act 1958

31.21  Definitions for Division 31.3
  An expression used in this Division that is defined in the Migration Act 1958 has the same meaning in this Division as it has in that Act.
Note: For