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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 30 March 2017 at 17:47)
Part 79 Division 3
Division 3 Qualifications and vacancies
24   Application
This Division applies to proceedings on a reference under Division 2 of Part 6 of the subject Act.
25   Interpretation
In this Division, unless the context or subject matter otherwise indicates or requires, subject statement means a statement mentioned in section 175C of the subject Act.
26   (Repealed)
27   Transmitting of documents
(1)  The subject statement is transmitted to the Court under section 175C of the subject Act by filing it in the registry.
(2)  Proceedings, papers, reports or documents are transmitted under section 175C of the subject Act by lodging them in the registry.
28   Referring of question
A question is referred under Division 2 of Part 6 of the subject Act when the Speaker files with the subject statement a summons claiming the determination of the question stated for determination in the subject statement.
29   Parties
The summons shall join the Speaker as plaintiff and, where the matter of the subject statement concerns an election or return or the qualification of a member of the Legislative Assembly, the person whose election or return is disputed or the member, as the case may be, as defendant.
30   Service
The Prothonotary shall serve the subject statement with the summons.
31   Publication
cf Court of Disputed Returns Rules, r (7).
The Prothonotary shall, forthwith after the summons and subject statement are filed:
(a)  publish them in the Gazette, and
(b)  where the matter of the subject statement concerns an election or return, publish a notice in the prescribed form in a newspaper circulating in the Electoral District.