Court Procedures Rules 2006

This rule applies in relation to an application for a quo warranto order in relation to the defendant’s office mentioned in the application.

The defendant may, by notice, disclaim the office.

The notice must be signed by the defendant and witnessed by a person authorised to take an affidavit.

See the Evidence Act 1995 (Cwlth), s 186 (Swearing of affidavits before justices of the peace, notaries public and lawyers) and the Oaths and Affirmations Act 1984, s 11 (Authority to administer oath etc).

The defendant must file the notice in the court, and serve a stamped copy on the plaintiff for the quo warranto order, not later than 28 days after the day the application for the order is served on the defendant.

The plaintiff for the quo warranto order may apply to the court for judgment of ouster against the defendant, with costs.

The application is made by filing a draft judgment in the court.

Part 6.2 (Applications in proceedings) does not apply to the application.

The draft judgment need not be served on anyone unless the court otherwise orders on its own initiative.

The court may enter judgment of ouster against the defendant, with costs without a hearing.