Electoral Rules 1908 (WA)

Western Australia The Electoral Act 1907 Electoral Rules 1908 Western Australia Electoral Rules 1908 Contents 1. Short title 1 2. Title of petition 1 3. Filing 1 4. Publication 2 5. Service of petition 2 6. Service at an address for service 2 7. Particulars 3 8. Counter charges 4 9. Interlocutory questions 4 10. Respondent may give notice that he does not oppose petition 4 11. Trial 5 12. Withdrawal of petition 5 13. Abatement by death of petitioner 6 14. Substitution of parties 6 15. Forms and fees 6 16. Application of General Rules of Court 6 Schedule 1 — Forms Schedule 2 — Fees Notes Compilation table 12 Other notes 12 The Electoral Act 1907 Electoral Rules 1908

1. Short title These rules may be cited as the Electoral Rules 1908. [Rule 1 amended: Gazette 3 Jul 2009 p. 2681.]

2. Title of petition A petition under Part V of the Electoral Act 1907 shall be entitled "Electoral Act 1907. In the Court of Disputed Returns." and shall also be entitled "In the matter of the Election" in question, describing it as an election of a member of the Legislative Council, or as an election of a member of the Legislative Assembly for the District in question, or as the case may be. It shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and each paragraph shall be numbered consecutively. It shall conclude with a prayer, as for instance that a candidate who was not returned as elected to be declared duly elected, or that the election may be declared absolutely void. It may be in the form set out in Schedule 1, or to the like effect. [Rule 2 amended: Gazette 3 Jul 2009 p. 2681; SL 2022/201 r. 4.]

3. Filing The petition shall be filed in the Central Office of the Supreme Court, and the petitioner shall lodge with the petition a copy thereof, and a form of notice thereof for publication as hereinafter provided, and shall deposit with a Court officer in addition to the sum of $100 as security for costs a sum sufficient to defray the cost of publication of the petition and notice thereof. [Rule 3 amended: Act No. 113 of 1965 s. 8(1); SL 2022/201 r. 5.]