Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p3
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 3/43)
Character Range: 119122–121780

Registry for filing; and
 (b) a Registrar changes the return date;
the applicant must change the return date endorsed on the copy of the application that is to be served.
 (3) This rule does not apply to a proceeding to which the Corporations Rules apply if a public notice or advertisement is required under those Rules or under an order made by the Court in the proceeding.
Rules 8.08–8.10 left blank

Division 8.2—Notice of constitutional matter

8.11  Notice of constitutional matter
 (1) In this Division:
constitutional matter means a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903.
 (2) If a proceeding in the Court involves a constitutional matter, the party who has raised the matter must file a notice in the proper Registry, in accordance with Form 18, stating:
 (a) briefly but specifically, the nature of the constitutional matter; and
 (b) the facts showing that the matter is one to which this rule applies.

8.12  Service of notice
 (1) The party filing the notice must:
 (a) serve a copy of the notice on:
 (i) each person as required by section 78B of the Judiciary Act 1903; and
 (ii) each other party; and
 (b) as soon as practicable after serving the notice, file an affidavit of service; and
 (c) give a copy of each document filed in the proceeding relevant to the constitutional matter (whether filed before or after the notice) to any Attorney‑General who has intervened, as soon as practicable after notice of the intervention is given to the party.
 (2) The notice must be served:
 (a) if the matter arises in any originating application—within 7 days after the day the application is filed; or
 (b) if the matter arises in any pleading—within 7 days after the pleading is filed; or
 (c) if the matter arises before the date fixed for a hearing of a proceeding and paragraph (a) or (b) does not apply—not later than 14 days before the date fixed for the hearing; or
 (d) in any other case—within the time that the Court directs.
Note: For the Court's powers when a constitutional matter arises, see sections 78B(2) and (5) of the Judiciary Act 1903.
Rules 8.13–8.20 left blank

Division 8.3—Amendments to an originating application

8.21  Amendment generally
 (1) An applicant may apply to the Court for leave to amend an originating application for any reason, including:
 (a) to correct a defect or error that would otherwise prevent the Court from determining the real questions raised by the proceeding; or
 (b) to avoid the multiplicity of proceedings; or
 (c) to correct a mistake in the name of a party to the proceeding; or
 (d) to correct