Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 12 August 2020 at 09:51)
Part 1 Division 5
Division 5 Notices under section 78B of Judiciary Act 1903 of Commonwealth
1.22   Notice of constitutional matter
(cf Federal Court Rules, Order 51, rule 1)
(1)  If proceedings pending in a court involve a matter arising under the Commonwealth Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth, the party whose case raises the matter must file a notice of a constitutional matter.
Note.
 Section 78B of the Judiciary Act 1903 of the Commonwealth provides that if a cause is pending in a State court that involves a matter arising under the Commonwealth Constitution or involving its interpretation, the court is under a duty not to proceed in the cause unless or until it is satisfied that notice of the cause and the matter raised in the cause has been served on the Attorneys-General of the Commonwealth and the States.
The purpose of such a notice is to afford the Attorneys-General a reasonable time to consider whether or not they wish to intervene in the proceedings or to have the cause removed into the High Court for determination.
(2)  Notice of a constitutional matter must state—
(a)  specifically the nature of the matter, and
(b)  facts showing the matter is one to which subrule (1) applies.
1.23   Time for filing and service of notice of constitutional matter
(cf Federal Court Rules, Order 51, rule 2)
(1)  The party whose case raises the constitutional matter, or such other party as the court may direct, must file notice of a constitutional matter and serve a copy of the notice on all other parties and the Attorneys-General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory—
(a)  if the matter arises before any directions hearing or case management conference in the proceedings, not later than 2 days before the date of that hearing or conference, or
(b)  if no directions hearing or case management conference has been fixed or is imminent, as soon as practicable, or
(c)  if the matter arises at a hearing, within such time as the court directs.
(2)  As soon as practicable after a party files and serves a notice in the circumstances referred to in subrule (1)(b), the party must apply to the court for directions.
1.24   Affidavit of service
(cf Federal Court Rules, Order 51, rule 3)
The party whose case raises a constitutional matter must file an affidavit of service of each notice required to be served under rule 1.23, and must do so promptly after the notice is served.
1.25   Documents for intervening Attorneys-General
(cf Federal Court Rules, Order 51, rule 4)
The party whose case raises a constitutional matter must provide copies of any other documents that have been filed in the proceedings and that are relevant to the matter to any intervening Attorney-General as soon as practicable after notice of the intervention is given to the party.