Federal Court Rules 2011

The party filing the notice must:

serve a copy of the notice on:

each person as required by section 78B of the Judiciary Act 1903; and

each other party; and

as soon as practicable after serving the notice, file an affidavit of service; and

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.

The notice must be served:

if the matter arises in any originating application—within 7 days after the day the application is filed; or

if the matter arises in any pleading—within 7 days after the pleading is filed; or

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

in any other case—within the time that the Court directs.

For the Court’s powers when a constitutional matter arises, see sections 78B(2) and (5) of the Judiciary Act 1903.