Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A respondent who objects to the competency of an application must, within 14 days after being served with the application, file a notice of objection to competency, in accordance with the approved form, that briefly, but specifically, states the grounds of the objection.
(2) The applicant carries the burden of establishing the competency of an application.
(3) A respondent may apply to the Court for the question of competency to be heard and determined before the application is heard.
(4) If a respondent has not filed a notice under subrule (1), and the application is dismissed by the Court as incompetent, the respondent is not entitled to any costs of the application.
(5) If the Court decides that an application is not competent, the application is dismissed.
Note 1: See Part 29 in relation to jurisdiction under section 476 of the Migration Act 1958 .
Note 2: In relation to appeals under section 44AAA of the AAT Act, see rule 1.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 , as applied by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 .