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s 32.17

Withdrawal of petition and substitution of another petitioner

In force
Chapter 3Original jurisdiction—special classes of proceedings
Part 32Remittals and referrals from the High Court
Division 32.2Referral of petition under Commonwealth Electoral Act 1918

32.17 Withdrawal of petition and substitution of another petitioner

(1)

An applicant may apply to the Court for leave to withdraw a petition.

(2)

The applicant must, at least 14 days before the application is filed, advertise, in a newspaper circulating in the State, Territory or Electoral Division for which the election was held, the applicant’s intention to apply for leave to withdraw a petition.

(3)

At the hearing of the application, a person who is competent to file a petition on the same grounds as the applicant’s may apply to the Court to be substituted for the applicant in the petition proceeding.

(4)

If a person is so substituted, the proceeding must be continued as if the person was the original applicant.

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