Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p40
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 93490–96087

the State or Territory in which the election was held, file notice of appearance to the petition and shall forthwith serve that notice of appearance on all other parties.

31.02  Parties
  All persons filing notice of appearance to the petition are parties to the proceedings upon the petition and, subject to any contrary order of the Court or a Justice, shall be named in all subsequent proceedings as respondents to the petition.

Part 32—Subsequent proceedings

32.01  Application for directions
32.01.1  Within 14 days after a person has filed notice of appearance to a petition, the petitioner must file and serve on all parties (whether or not they have appeared) an application for directions.
32.01.2  The application must be in Form 21.
32.01.3  The petitioner must file and serve with the application an outline of the submissions which the petitioner wishes to make on the hearing of the application. The outline must:
 (a) state why the matter should not be remitted to the Federal Court of Australia; and
 (b) state what further steps, if any, should be taken in the Court (whether by way of reference of a question of law to a Full Court or otherwise); and
 (c) specify the times by which, and manner in which, further steps in the Court are to be taken; and
 (d) set out the precise terms of the orders which the petitioner submits should be made on the application.
32.01.4  On the hearing of the application, a Justice may give such directions for the further conduct of the petition as appear necessary or desirable for the just and efficient disposition of the matter.

32.02  Counter charges
  Where a petition claims a seat for a person who has not been returned as a Member or Senator and a respondent wishes to contend that the person for whom the seat is claimed was not duly elected for some reason other than that the person did not have the requisite majority of valid votes, that respondent shall, within 7 days after filing a notice of appearance, or within such further time as the Court or a Justice allows, file and serve on the petitioner a statement of the grounds on which that person intends to rely setting out those grounds in the same manner in which facts relied on to invalidate an election or return are to be set out in a petition.

32.03  Particulars
32.03.1  The Court or a Justice may order a party to deliver to another party particulars, or further and better particulars, of any matter alleged by that party.
32.03.2  When the petition, not being a petition merely claiming a fresh count of the votes actually counted at the election, claims the