101
CurrentNotice of constitutional matter
Part 6Parties
Division 2Adding or removing party
101 Notice of constitutional matter
(1)
A party must give written notice to the Attorneys General of the Commonwealth and of each State and Territory and to each other party if the party is, or becomes, aware that the case involves a matter that —
(a)
arises under the Constitution of the Commonwealth or involves its interpretation, within the meaning of the Judiciary Act 1903 (Commonwealth) section 78B; and
(b)
is a genuine issue in the case.
(2)
The notice must state —
(a)
the nature of the matter; and
(b)
the issues in the case; and
(c)
the constitutional issue to be raised; and
(d)
the facts relied on to show that the Judiciary Act 1903 (Commonwealth) section 78B applies.
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