ACTIn ForceRegulation
Court Procedures Rules
3565Judicial review—directions on return date
Start here
Get a plain-English read of 3565
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
3565 Judicial review—directions on return date
(1) On the return date for a judicial review application, the court may
give any direction about the conduct of the proceeding it considers
(2) Without limiting subrule (1), the court may consider, and give
directions in relation to, the following matters:
(a) discovery and interrogatories;
(b) inspection of property;
(c) admissions of fact or documents;
(d) defining the issues by pleadings or otherwise;
Note Pt 2.6 (Pleadings) applies to a proceeding started by an originating
application only if the court orders the plaintiff to file and serve a
statement of claim.
(e) the standing of affidavits as pleadings;
(f) including parties;
(g) service of documents;
(h) amendments;
(i) the filing of affidavits.
Note The court also has a general power to make directions about the conduct
(3) Without limiting subrule (1), the court may—
(a) order that an agreed bundle of documents be prepared by the
parties; or
(b) order the service or exchange of expert reports; or
(c) order that a party serve a copy of the application on the
Attorney-General; or
Rule 3566
(d) order that a party give notice of the application to the people,
and in the way, the court directs; or
(e) set a date for hearing; or
(f) set a date after which the parties are directed to arrange with the
registrar a date for hearing.
(4) The court may at any time amend or revoke a direction or order made
under this rule on application by a party or on its own initiative.
or revoke a direction or order.
(5) The powers of the court under this rule are additional to any other