Form of originating document
20.01 Form of originating document
20.01.1 If the relief sought is or includes:
a writ of mandamus or prohibition or certiorari, whether against an officer of the Commonwealth or some other person; or
a writ of habeas corpus or quo warranto;
a proceeding must be commenced in the Court by filing an application for a constitutional or other writ in accordance with Part 25.
20.01.2 If the relief sought is an order removing a cause or part of a cause pursuant to section 40 of the Judiciary Act 1903, a proceeding shall be commenced in the Court by filing an application for removal in accordance with Part 26.
20.01.3 If a person wishes to dispute the validity of an election or return pursuant to Part XXII of the Commonwealth Electoral Act 1918, a proceeding shall be commenced in the Court by filing a petition in accordance with Chapter 3.
20.01.4 In any other case a proceeding shall be commenced in the Court by the issue of a Writ of Summons in accordance with Part 27.
This Act’s bill:Explanatory statement
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