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Federal Court Rules

Authoritative Version
SR 1979 No. 140 Regulations as amended, taking into account amendments up to SLI 2008 No. 244
Principal Rules; Repeals the Federal Court of Australia Rules
Administered by: Attorney-General's
Registered 05 Dec 2008
Start Date 02 Dec 2008
End Date 31 Dec 2008
Date of repeal 01 Aug 2011
Repealed by Federal Court Rules 2011
Table of contents.

Federal Court Rules

Statutory Rules 1979 No. 140 as amended

made under the

This compilation was prepared on 2 December 2008
taking into account amendments up to SLI 2008 No. 244

This document has been split into four volumes
Volume 1 contains Orders 1 to 51,
Volume 2 contains Orders 51A to 82,
Volume 3 contains the Schedules 1 to 4, and
Volume 4 contains the Notes
Each volume has its own Table of Contents

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Numerical Table of Forms                                                                              7

Schedule 1              Forms                                                                          13

Form 1                    Head of document                                                        13

Form 2                    Abbreviated entitling of document                                  14

Form 3                    Document where there is no respondent                         14

Form 4                    Conclusion of document for signature                            14

Form 5                    Application                                                                   15

Form 5A                  Claim of unlawful termination of employment                  17

Form 6                    Rule to show cause                                                       20

Form 7                    Statement of claim                                                        21

Form 8                    Cross‑claim where cross‑claim is served before date of directions hearing appointed in application                                                                    22

Form 9                    Cross‑claim where cross‑claim is not served before date of directions hearing appointed in application                                                                    24

Form 10                   Defence and cross‑claim against a party                        26

Form 11                   Notice for pleadings                                                      27

Form 12                   Notice of service to document exchange, facsimile number or email address            27

Form 14A                Request to Court for service in a foreign country            28

Form 14B                Request for transmission of notice to a foreign government 29

Form 15                   Notice of appearance                                                    30

Form 15B                Certificate of legal practitioner                                       31

Form 16                   Defence                                                                        31

Form 17                   Reply                                                                            32

Form 18                   Reply and defence to cross‑claim                                  32

Form 19                   Notice of amendments                                                  32

Form 20                   Affidavit                                                                       33

Form 20A                Affidavit — certificate of compliance                             34

Form 21                   Notice for discovery                                                      34

Form 22                   List of documents                                                         35

Form 23                   Notice to answer interrogatories                                     37

Form 24                   Example of verified statement in answer to interrogatories 37

Form 25                   Notice to admit facts (and authenticity of documents)     38

Form 26                   Notice disputing facts (and authenticity of documents)   39

Form 27                   Notice of motion                                                           39

Form 28                   Notice of withdrawal of appearance                                40

Form 29                   Notice of discontinuance                                               40

Form 30                   Notice of withdrawal of defence                                     41

Form 31                   Notice of deposit                                                          41

Form 31A                Notice of deposit                                                          41

Form 36                   Security to pay into Court                                              42

Form 37                   Order for examination                                                    42

Form 38                   Order appointing examiner                                             43

Form 39                   Order                                                                            43

Form 40                   Deed                                                                            44

Form 41                   Subpoena                                                                     45

Form 44                   Request to fix date for trial                                            51

Form 44A                Notice of date for trial                                                   51

Form 45                   Notice to produce                                                         52

Form 46                   Order                                                                            52

Form 46A                Order                                                                            52

Form 46B                Order                                                                            53

Form 46C                Affidavit in respect of debt or liquidated damages          53

Form 47                   Order                                                                            54

Form 47A                Certificate of judgment                                                  55

Form 48                   Warrant for arrest                                                          56

Form 49                   Warrant for committal                                                    56

Form 50                   Notice of claim                                                              57

Form 50A                Application for inquiry relating to an election                   58

Form 50B                Application for inquiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996                                        60

Form 50C                Application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996                                        62

Form 51                   Summons                                                                     64

Form 52                   Information for an offence                                             65

Form 53                   Notice of a constitutional matter under section 78B of the Judiciary Act 1903            66

Form 53A                Notice of proceeding                                                     67

Form 53B                Notice of directions hearing (petition)                             68

Form 53C                Notice of date for trial (petition)                                     69

Form 54                   Application for leave to appeal                                      70

Form 54A                Application for leave to file and serve out of time           71

Form 55                   Notice of appeal                                                           72

Form 55A                Notice of Appeal                                                           74

Form 55B                Application for extension of time to file and serve notice of appeal from Tribunal      76

Form 55C                Notice of referral                                                           77

Form 55CA              Notice of address for service                                         78

Form 55CB              Notice of hearing                                                           79

Form 55D                Application                                                                   80

Form 55DA              Application                                                                   81

Form 55E                Notice of setting down for hearing                                 82

Form 56                   Application for an Order of review                                  83

Form 56A                Application under the Migration Act 1958                        85

Form 56B                Certificate under section 486I of the Migration Act 1958   87

Form 57                   Notice of objection to competency                                88

Form 58A                Notice of appeal                                                           89

Form 59                   Application                                                                   91

Form 61                   Application for determination of compensation under Lands Acquisition Act 1989      92

Form 62                   Application for approval under Lands Acquisition Act 1989 94

Form 63                   Application to extend time fixed by Lands Acquisition Act 1989        96

Form 64                   Application for determination of equitable remuneration under Circuit Layouts Act 1989 (subsection 20 (2))                                                         97

Form 65                   Application for determination of the terms for the doing of an act in relation to an eligible layout under subsection 25 (4) of the Circuit Layouts Act 1989   99

Form 69A                Subpoena (incorporating Notice to Witness)                 101

Form 69AB              Certificate of non‑compliance with subpoena                112

Form 69AC              Request for enforcement of an order made by a New Zealand court under section 32 of the Act                                                                                  113

Form 69AD              Request for hearing by video link or telephone              113

Form 73                   Election petition                                                          114

Form 74                   Reference of question as to qualification or vacancy     116

Form 129                 Application under Part IVA of the Federal Court of Australia Act 1976            117

Form 130                 Notice of consent to be a group member                      119

Form 131                 Notice of opting out by group member                         119

Form 132                 Application for registration of judgment under the Foreign Judgments Act 1991         120

Form 133                 Order for registration of money judgment                     121

Form 134                 Order for registration of non‑money judgment               122

Form 135                 Notice of registration of money judgment                     123

Form 136                 Notice of registration of non‑money judgment               123

Form 138                 Summons to appear before assessor                           124

Form 141                 Notice of appeal from National Native Title Tribunal       125

Form 144                 Notice of intention to adduce evidence of previous representation    128

Form 145                 Notice of objection to tender of hearsay evidence if maker of representation available          130

Form 146                 Notice of intention to adduce tendency evidence          131

Form 147                 Notice of intention to adduce coincidence evidence      132

Form 161                 Referral certificate                                                       133

Form 162                 Notice by party other than applicant that the party wishes to cease to be a party       134

Form 163                 Notice of change in address for service or contact details 135

Form 164                 Notice of appointment of society, organisation, association or other body to act as agent for party                                                                           136

Form 165                 Notice of change in name, contact details or address for service of society, organisation, association or other body appointed as agent for party or of appointment of new agent        138

Form 166                 Application for leave to be represented by a person who is not a barrister or solicitor            140

Form 166A               Referral of question about whether a party should cease to be a party          142

Form 167                 Claim under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination                                                              144

Form 168                 Defence to application under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination                                    148

Form 169                 Notice of proceeding                                                   150

Form 170                 Application for registration of a New Zealand judgment under the Federal Court of Australia Act 1976                                                                           151

Form 171                 Order for registration of New Zealand money judgment 152

Form 172                 Order for registration of New Zealand non‑money judgment  153

Form 173                 Notice of filing and hearing                                          154

Form 174                 Notice of filing                                                            156

Schedule 2              Scale of costs for work done and services performed 158

Schedule 3              Powers of the Court that may be exercised by a Registrar 167

Part 3.1                   Corporations (Aboriginal and Torres Strait Islander) Act 2006  167

Part 3.2                   Evidence and Procedure (New Zealand) Act 1994           167

Part 3.3                   Federal Court of Australia Act 1976                               167

Part 3.4                   Foreign Evidence Act 1994                                           169

Part 3.5                   Foreign Judgments Act 1991                                         169

Part 3.6                   Federal Court Rules                                                     170

Schedule 4              Powers of the Court that may be exercised by a Registrar (Native Title Act)           182

 


Numerical Table of Forms

  

  

 

Form
Number


Title of Form

1

Head of document

2

Abbreviated entitling of document

3

Document where there is no respondent

4

Conclusion of document for signature

5

Application

5A

Claim of unlawful termination of employment

6

Rule to show cause

7

Statement of claim

8

Cross‑claim where cross‑claim is served before date of directions hearing appointed in application

9

Cross‑claim where cross‑claim is not served before date of directions hearing appointed in application

10

Defence and cross‑claim against a party

11

Notice for pleadings

12

Notice of service to document exchange, facsimile number or email address

14A

Request to Court for service in a foreign country

14B

Request for transmission of notice to a foreign government

15

Notice of appearance

15B

Certificate of legal practitioner

16

Defence

17

Reply

18

Reply and defence to cross‑claim

19

Notice of amendments

20

Affidavit

20A

Affidavit — certificate of compliance

21

Notice for discovery

22

List of documents

23

Notice to answer interrogatories

24

Example of verified statement in answer to interrogatories

25

Notice to admit facts (and authenticity of documents)

26

Notice disputing facts (and authenticity of documents)

27

Notice of motion

28

Notice of withdrawal of appearance

29

Notice of discontinuance

30

Notice of withdrawal of defence

31

Notice of deposit

31A

Notice of deposit

36

Security to pay into Court

37

Order for examination

38

Order appointing examiner

39

Order

40

Deed

41

Subpoena

44

Request to fix date for trial

44A

Notice of date for trial

45

Notice to produce

46

Order

46A

Order

46B

Order

46C

Affidavit in respect of debt or liquidated damages

47

Order

47A

Certificate of judgment

48

Warrant for arrest

49

Warrant for committal

50

Notice of claim

50A

Application for inquiry relating to an election

50B

Application for inquiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996

50C

Application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996

51

Summons

52

Information for an offence

53

Notice of a constitutional matter under section 78B of the Judiciary Act 1903

53A

Notice of proceeding

53B

Notice of directions hearing (petition)

53C

Notice of date for trial (petition)

54

Application for leave to appeal

54A

Application for leave to file and serve out of time

55

Notice of appeal

55A

Notice of Appeal

55B

Application for extension of time to file and serve notice of appeal from Tribunal

55C

Notice of referral

55CA

Notice of address for service

55CB

Notice of hearing

55D

Application

55DA

Application

55E

Notice of setting down for hearing

56

Application for an Order of review

56A

Application under the Migration Act 1958

56B

Certificate under section 486I of the Migration Act 1958

57

Notice of objection to competency

58A

Notice of appeal

59

Application

61

Application for determination of compensation under Lands Acquisition Act 1989

62

Application for approval under Lands Acquisition Act 1989

63

Application to extend time fixed by Lands Acquisition Act 1989

64

Application for determination of equitable remuneration under Circuit Layouts Act 1989 (subsection 20 (2))

65

Application for determination of the terms for the doing of an act in relation to an eligible layout under subsection 25 (4) of the Circuit Layouts Act 1989

69A

Subpoena (incorporating Notice to Witness)

69AB

Certificate of non‑compliance with subpoena

69AC

Request for enforcement of an order made by a New Zealand court under section 32 of the Act

69AD

Request for hearing by video link or telephone

73

Election petition

74

Reference of question as to qualification or vacancy

129

Application under Part IVA of the Federal Court of Australia Act 1976

130

Notice of consent to be a group member

131

Notice of opting out by group member

132

Application for registration of judgment under the Foreign Judgments Act 1991

133

Order for registration of money judgment

134

Order for registration of non‑money judgment

135

Notice of registration of money judgment

136

Notice of registration of non‑money judgment

138

Summons to appear before assessor

141

Notice of appeal from National Native Title Tribunal

144

Notice of intention to adduce evidence of previous representation

145

Notice of objection to tender of hearsay evidence if maker of representation available

146

Notice of intention to adduce tendency evidence

147

Notice of intention to adduce coincidence evidence

161

Referral certificate

162

Notice by party other than applicant that the party wishes to cease to be a party

163

Notice of change in address for service or contact details

164

Notice of appointment of society, organisation, association or other body to act as agent for party

165

Notice of change in name, contact details or address for service of society, organisation, association or other body appointed as agent for party or of appointment of new agent

166

Application for leave to be represented by a person who is not a barrister or solicitor

167

Claim under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination

168

Defence to application under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination

169

Notice of proceeding

170

Application for registration of a New Zealand judgment under the Federal Court of Australia Act 1976

171

Order for registration of New Zealand money judgment

172

Order for registration of New Zealand non‑money judgment

173

Notice of filing and hearing

174

Notice of filing


Schedule 1        Forms

(see Order 1, rule 7)

Form 1        Head of document

(Order 41, rule 1)

A.B.        

Applicant

C.D.

Respondent

C.D.

Cross‑claimant

A.B. and

E.F.

Cross‑Respondents

Version 1

Form 2        Abbreviated entitling of document

(Order 41, subrule 1 (4))

A.B. and Others

Applicants

C.D.

Respondent

and cross‑claimants

Version 1

Form 3        Document where there is no respondent

(Order 41, subrule 1 (3))

The application of A.B.

Version 1

Form 4        Conclusion of document for signature

(Order 41, rule 6)

Date:  e.g. 7 May, 19     .

(Signed, applicant or his solicitor).

Version 1

Form 5        Application

(Order 4, rule 1)

(State briefly the nature of the subject of the application or cross‑claim and the legislative basis of the court’s jurisdiction to hear it and grant the relief sought.  The required statement is not taken to be part of the pleading.)

A.      DETAILS OF CLAIM

On the grounds stated in the accompanying affidavit or statement of claim (or, if applicable, Claim of unlawful termination of employment in accordance with Form 5A, or Claim under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination in accordance with Form 167), the applicant claims:

1.   (Specify in numbered paragraphs all final relief sought.)

2.

3.

B.            CLAIM FOR INTERLOCUTORY RELIEF

(Complete this section if you wish to claim interlocutory relief)

AND the applicant claims by way of interlocutory relief:

1.    (Specify in numbered paragraphs all interlocutory relief sought.)

2.   

3.   

Date:  eg, 7 May 19    

(signed, applicant or applicant’s solicitor)

C.            NOTICE TO RESPONDENT

(Complete this section if there is a respondent)

TO the respondent of (insert address):

This application has been set down for the time and place stated below. If you or a legal practitioner representing you do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)     the application may be heard;

(b)     directions may be given for the further conduct of the proceeding;

(c)     any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

D.            ABRIDGMENT OF SERVICE

(Complete this section if the time for service has been abridged)

The time by which this application is to be served has been abridged by order made on (insert date) to (insert time and date).

Date:  eg, 7 May 19    

(signed, Registrar)

E.             FILING AND SERVICE

This application is filed by (insert name) for (insert name) whose address for service is (insert address).

The applicant’s address is (if the applicant is an individual, specify place of residence or business; if the applicant is a corporation, specify principal place of business).

It is not intended to serve this application on any person.

OR

It is intended to serve this application on each person listed below:

(insert name of each person on whom application is to be served)

Version 4

Form 5A     Claim of unlawful termination of employment

(Order 48, paragraph 4 (2) (b))

Federal Court of Australia

Court use only
file
number

Claim of unlawful termination of employment

date

 

received

Workplace Relations Act 1996 (Cth) section 663

 

application by the employee alone q union q ‑ give name of union:

Details of employee

1

full name

Mr q  Mrs q Ms q

Family name            given names

2

home address

                                                      
postcode

3

phone

(business hours)           (   )
(after hours)      (   )

4

date of birth

day/month/year

5

first language

English q  other q  (specify)

Details of employment

6

employer’s name

 

7

employer’s trading address or registered office

                                            postcode

phone                          (   )
fax                               (   )

8

work performed for employer (occupation)

 

9

place of work

suburb/town                   postcode                                

10

period of employment

date started work            last date worked                                 

       /      /                         /      /

11

were you given a written notice of termination?

No q
Yes q  ‑ I attach a copy

Details of union

12

Is your union acting on your behalf?

No q  go to 16
Yes q  go to 13

13

name of union

 

14

address

postcode

15

contact person ‑ name
    ‑ phone


(   )                                      fax (   )      

Details of solicitor

16

Is a solicitor representing you?

No q  go to 20       Yes q  go to 17

17

solicitor’s name

 

18

name of solicitor’s firm

 

19

address


postcode

DX
phone (   )                           fax (   )      

Notices from the Court

20

Where do you want notices from the Court sent?

address in 2 q       union in 13‑15 q  solicitor in 17‑19 q      other q   give details

Remedy sought

21

What are you asking the Court for?

reinstatement q   compensation q  other q  ‑ give details

Declaration

I declare that all the facts in this form are correct and complete to the best of my knowledge and belief.

If a union is applying on behalf of the employee, a union representative must sign here

I understand that the Court usually arranges for mediation first. If the matter is settled at a mediation conference, it will not be necessary to go to Court.

signature for union            date



                                           /    /     

The employee must sign this declaration*

name (print)                    position                    

signature of employee            date

                                             /        /   

If a solicitor or representative has prepared the application, that person must sign here

*Note:  The application need not be signed by the employee if the Registrar is satisfied that obtaining the employee’s signature would cause undue difficulty or delay AND the claim is made by a trade union on the employee’s behalf, or the application has been prepared by a solicitor or a representative under section 854 of the Workplace Relations Act 1996.

signature of solicitor or

authorised representative     date    

 

 

                                           /    /     

name (print)                     position

 

Version 2

Form 6        Rule to show cause

(Order 48, rule 8)

ORDER

JUDGE:

DATE OF ORDER:

WHERE MADE:

THE COURT ORDERS THAT (insert name of respondent) appear before the Federal Court of Australia at (address of Court) in the State/Territory of (State or Territory) on (insert date) at (insert time) to show cause why (insert nature of relief required) on the grounds, or for the reasons, set out in the affidavit of (insert name of deponent) sworn on (insert date affidavit was sworn) accompanying this Rule.

(signed, District Registrar)

Date entered:

AND THE APPLICANT CLAIMS BY WAY OF INTERLOCUTORY RELIEF:

1.   

2.   

(give details)

Date:  eg, 7 May 19      

Article I.                   (Signed, applicant or applicant’s solicitor)

TO THE RESPONDENT (insert name and address):

A directions hearing (and any claim by the applicant for interlocutory relief) will be heard by the Court at the time and place mentioned above. If you or a legal practitioner representing you do not appear before the Court, the rule to show cause may be dealt with and judgment may be given or an order made in your absence. Before you or a legal practitioner representing you appear before the Court at the time and place mentioned above, you must file an appearance in the Registry.

The applicant’s address for service is (insert address for service).

Version 2

Form 7        Statement of claim

(Order 4, rule 6, Order 11)

The applicant claims the relief specified in the application.

(Particulars under Order 12 may be given as follows, for example:

PARTICULARS OF FRAUD (Or Other Appropriate Heading)

(These particulars may appear in the relevant place in the statement of facts or separately at the end of the pleading, whichever is convenient.)

 

This pleading was prepared by ……..……………………….. counsel/solicitor*


*  Omit if inapplicable

Version 1

Form 8        Cross‑claim where cross‑claim is served before date of directions hearing appointed in application

(Order 5, subrules 5 (2) and 8 (3))

(Specify briefly the nature of the subject of the application or cross‑claim and the legislative basis of the Court’s jurisdiction to hear and determine it and grant the relief sought. Note: This statement does not form part of the pleading.)

A.B.

Applicant

C.D.

Respondent

C.D.

Cross‑claimant

E.F.

Cross‑respondent

CROSS‑CLAIM

(If the proceeding was commenced by application supported by a statement of claim or the Court has ordered that the proceeding continue on pleadings — plead as required by the Rules. In any other case, subject to the Rules — file an affidavit in support of the cross‑claim)

The cross‑claimant C.D. claims —

(Particulars under Order 12 may be given in the manner indicated in the prescribed form of Statement of Claim under Form 7.)

Date: e.g. 7 May 19       .

(Signed, applicant or his solicitor)

To E.F. (address)

A directions hearing in this application including this cross‑claim will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you, the cross‑claim may be dealt with and judgment may be given or an order made in your absence. Before any attendance at that time you must file an appearance in the Registry.

Time:  (Date and time to be entered by Registry unless fixed by Court).

Place:  (Address of Court).

(Where the time for service has been abridged, add —

       The time by which this cross‑claim is to be served has been abridged by the Court to (specify time).)

Date:  e.g.  7 May, 19    .

(Signed, Registrar)

The cross‑claimant’s address for service is (specify address for  service).

This pleading was prepared by ……..……………………….. counsel/solicitor*


*  Omit if inapplicable

Version 3

Form 9        Cross‑claim where cross‑claim is not served before date of directions hearing appointed in application

(Order 5, subrules 5 (2) and 8 (3))

(Specify briefly the nature of the subject of the application or cross‑claim and the legislative basis of the Court’s jurisdiction to hear and determine it and grant the relief sought. Note: This statement does not form part of the pleading.)

A.B

Applicant

C.D.

Respondent

C.D.

Cross‑claimant

E.F.

Cross‑respondent

CROSS‑CLAIM

(If the proceeding was commenced by application supported by a statement of claim or the Court has ordered that the proceeding continue on pleadings — plead as required by the Rules. In any other case, subject to the Rules — file an affidavit in support of the cross‑claim)

The cross‑claimant C.D. claims —

(Particulars under Part II may be given in the manner indicated in the prescribed form of statement of Claim under Form 7.)

Date:  e.g.  7 May, 19              .          

………………………………………..

(Signed, cross‑claimant or his solicitor)

To E.F. (address)

1.    Judgment may be given or an order made unless the prescribed form of notice of your appearance is received in the Registry within 14 days after service of this statement of cross‑claim upon you and you comply with the Rules of Court relating to your defence.

Date:   e.g.  7 May, 19    .

                                                          

(Signed, Registrar)

The cross‑claimant’s address for service is (specify address for service).

 

This pleading was prepared by ……..……………………….. counsel/solicitor*


*  Omit if inapplicable

Version 2

Form 10      Defence and cross‑claim against a party

(Order 5, subrule 5 (2))

(Specify briefly the nature of the subject of the application or cross‑claim and the legislative basis of the Court’s jurisdiction to hear and determine it and grant the relief sought. Note: This statement does not form part of the pleading.)

A.B.

Applicant

C.D.

Respondent

C.D.

Cross‑claimant

A.B.

Cross‑respondent

DEFENCE AND CROSS‑CLAIM

Defence

(If the proceeding was commenced by application supported by a statement of claim or the Court has ordered that the proceeding continue on pleadings — plead as required by the Rules. In any other case, subject to the Rules — file an affidavit in support of the cross‑claim)

Cross‑Claim

(If the proceeding was commenced by application supported by a statement of claim or the Court has ordered that the proceeding continue on pleadings — plead as required by the Rules. In any other case, subject to the Rules — file an affidavit in support of the cross‑claim)

The cross‑claimant C.D. claims —

(Particulars as in Form 8)

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

This pleading was prepared by ……..……………………….. counsel/solicitor*

*  Omit if inapplicable

Version 2

Form 11      Notice for pleadings

(Order 5, rule 6)

To: (name of cross‑claimant):

(name of cross‑respondent)

requires you to serve upon him, within 3 days after service of this notice upon you, copies of all pleadings (or as the case may require) filed before the filing of your Cross‑claim.

(Follow the prescribed form of conclusion of documents for use by a party, Form 4)

Version 1

Form 12      Notice of service to document exchange, facsimile number or email address

(Order 7, rule 7)

The (applicant) may be served:

* (a)       by sending a document to be served to the following exchange box in (insert name of capital city) of (insert name of document exchange):

(Name of solicitor whose exchange box it is)

(Exchange box number)

* (b)       by sending a document to be served to the following facsimile number:

(insert facsimile number)

* (c)       by sending a document to be served electronically to the following email address:

(insert email address)

delete if not applicable

Version 1

Form 14A   Request to Court for service in a foreign country

(Order 8, rule 9)

I,  (insert name)

request that  (identify document(s) to be served)

be transmitted *in accordance with the (insert name of convention)/*through the diplomatic channel to  (insert name of country)

for service on the respondent  (insert name of respondent)

at  (insert address for service)  or elsewhere in (insert name of country).

I personally undertake to be responsible for all expenses incurred by the Commonwealth in respect of the requested service and, on receiving due notification of the amount of the expenses, will pay the amount to the Commonwealth and will produce the receipt for that payment to the proper officer of the Federal Court of Australia.

Dated

                                          

(Signature of solicitor)

*  Omit if inapplicable

Version 2

Form 14B   Request for transmission of notice to a foreign government

(Order 8, rule 9)

The Chief Justice of the Federal Court of Australia at  (insert address of relevant registry) requests the Secretary of the Attorney‑General’s Department*/Department of Foreign Affairs and Trade* to transmit to the government of  (insert name of country)  the following documents:

with the requests that:

(a)     the documents be served on  (insert name of respondent),  against whom these proceedings have been taken in the Federal Court of Australia, in accordance with the law of  (insert name of country); and

(b)     evidence of service of the documents be officially certified or declared (on oath or otherwise) to this Court in such manner as is consistent with usage or practice of the courts in  (insert name of country) in proving service of legal process.

*The Chief Justice further requests that, if efforts to effect personal service of the documents prove ineffectual, the government or court of  (insert name of country) be requested to certify or declare (on oath or otherwise) that fact to this Court.

*The following information is provided in support of the request:

(insert any additional information that may be required by any convention applying to the service of the documents)

Dated

*  Omit if inapplicable.  The request should be made to:

(a)     if the Attorney‑General’s Department is the Central Authority for the purposes of a convention that applies to the service of the documents — the Secretary of the Attorney‑General’s Department; or

(b)     in any other case — the Secretary of the Department of Foreign Affairs and Trade.

Version 2

Form 15      Notice of appearance

(Order 9, subrule 3 (1))

A.B.

of (address) (occupation) appears [by his/her tutor (name of tutor)]*.

(Add other notices, for example, under Order 5, rule 6, relating to notice for pleadings.)

Solicitor:                (name)

(address)

telephone:    (number)

facsimile:     (number)

email address:

Solicitor’s agent:     (name)

(address)

telephone:   (number)

facsimile:    (number)

email address:

Address for service: (The office of his/her solicitor, or as the case may be; see Order 7, rule 6.)

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

(This notice of appearance may be added to a notice of motion of a person applying to be added as a respondent, for example, under Order 6, rule 8.)

(If, under Order 9, rule 6, a respondent wishes to enter a conditional appearance insert conditionallyafter ‘appear’.)

* Omit if inapplicable.

Version 2

Form 15B   Certificate of legal practitioner

(Order 11, rule 1B)

 

I (name of legal practitioner) certify to the Court that, in relation to the pleading dated (insert date) filed on behalf of the (party, eg applicant, respondent), the factual and legal material available to me at present provides a proper basis for:

(a)    each allegation in the pleading; and

(b)    each denial in the pleading; and

(c)    each non‑admission in the pleading.

 

Date:

Legal practitioner representing

the (party, eg applicant, respondent)

 

Version 3

Form 16      Defence

(Order 11, rule 20)

(Plead as required by the Rules, for example —

1.    The respondent denies &c.)

(or)

            (where one of two or more respondents)

DEFENCE OF A.B.

1.    This respondent denies &c.)

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

This pleading was prepared by ………………..…………….. counsel/solicitor*


*  Omit if inapplicable

Version 1

Form 17      Reply

(Order 11, rule 22)

(Plead as required by the Rules and see Order 11 relating to joinder of issue.)

 

This pleading was prepared by ………………..…………….. counsel/solicitor*


*  Omit if inapplicable

Version 1

Form 18      Reply and defence to cross‑claim

(Order 11, subrule 22 (2))

REPLY

(plead as required by the Rules.)

DEFENCE TO CROSS‑CLAIM

(plead as required by the Rules.)

 

This pleading was prepared by ………………..…………….. counsel/solicitor*


*  Omit if inapplicable

Version 1

Form 19      Notice of amendments

(Order 13, rule 8)

The (describe document) was amended on e.g. 7 May, 19   , pursuant to an order made on                       , 19   (pursuant to Order          rule         ) by —

omitting    “......................................................          ”

(omitting   “......................................................          ” and inserting

                 “......................................................          ”)

(inserting “.......................................................          ”).

Version 1

Form 20      Affidavit

(Order 14, rule 2)

IN THE FEDERAL COURT OF AUSTRALIA

                        DISTRICT REGISTRY                     No.  of 20 .

A.B. and Others

Applicants

C.D.

Respondent

and cross‑claimants

Affidavit of [deponent]

Contents*

Document number

Details

Paragraph

Page

1

Affidavit of [deponent] in support of application for [insert details] sworn/affirmed on [date]

 

 

2

Annexure “A”, being copy of [brief description]

 

 

3

Annexure “B”, being copy of [brief description]

 

 

 

 

 

On [date], I [name address and occupation] say on oath —

1.      

2.      

 
Sworn at         

before me:

* A table of contents is required if the affidavit (including any annexures) is more than 30 pages long.

Version 2

Form 20A   Affidavit — certificate of compliance

(Order 14, rule 5A)

I, (name of solicitor), certify to the Court that the affidavit of (name of deponent) *sworn/*affirmed on (date) filed on behalf of the (party, eg applicant, respondent) complies with Order 14, rule 2 of the Federal Court Rules.

Date:

Solicitor for the

(party, eg applicant, respondent)

*   Omit if inapplicable

Version 2

Form 21      Notice for discovery

(Order 15, rule 1)

 

To the respondent:

     The applicant requires you to give discovery of documents with verification within (insert number of days specified by the Court) days after service of this notice upon you.

 

Version 2

Form 22      List of documents

(Order 15, rule 6)

Pursuant to notice filed (or order made) on e.g. 7 May, 19   , the party says:

1.  The party has in his possession, custody or power, the documents enumerated in Schedule 1.

2.  The documents enumerated in Part 2 of Schedule 1 are privileged from production on the ground —

(a)     as to documents numbered 4 to 7 inclusive, that (state the ground);

(b)     as to documents 8 and 9, that (state the ground).

3.  The party has had, but does not now have, in his possession, custody or power, the document enumerated in Schedule 2.

4.  (a)   document 10, referred to in Schedule 2 was last in the respondent’s possession, custody or power on (state when);

         (b)  (state what has become of it); or

          (c)  to the best of the respondent’s knowledge, information and belief (state in whose possession, custody or power it is and where it is).

5.  To the best of the respondent’s knowledge, information and belief neither the respondent nor his solicitor nor any other person on his behalf has now, or ever had, in his possession, custody or power, any document required to be disclosed for the purposes of Order 15 subrule 2 (3) (to be altered according to the terms of any order made under Order 15, rule 5), other than the documents enumerated in the said Schedule 1 and 2.

     (Describe each document in the schedules as original or copy, see Order 18, rule 3.)

SCHEDULE 1

Part 1

1.

2.

3.

Part 2

4.

5.

6.

7.

8.

9.

SCHEDULE 2

10.

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

AFFIDAVIT

     On                   , 19            , I,        (name)             say on oath: —

     1.    I am the respondent.

     2.    The statements of fact made in paragraphs 1, 2, 3, 4 and 5 of the above list are true.

    Sworn etc.

    I certify that, according to my instructions, this list and the statements in it are correct.

    The documents enumerated in Part 1 of Schedule 1 may be inspected at

(address)

on                        , 19            between (specify time under Order 15, rule 6).

Respondent’s solicitor

Version 1

Form 23      Notice to answer interrogatories

(Order 16, rule 1)

Within                                 days after service of this notice upon each of them respectively, CD is required to answer interrogatories numbered 1 to 8 (and verify his answers) and EF is required to answer interrogatories numbered 1 to 12 (and verify his answers).

INTERROGATORIES

1.    (State the question.)

2.    (State the question.)

Version 1

Form 24      Example of verified statement in answer to interrogatories

(Order 16, rules 6 and 7)

The respondent EF Pty Ltd answers the applicant’s interrogatories specified in notice filed on e.g. 7 May, 19       , as follows:

     1A. (State in full the interrogatory.)

1B.  (State the answer.)

2A. (State in full the interrogatory.)

2B.  (a)   The respondent objects to answer on the grounds of privilege;

       (b)   (State the facts on which this objection is based.)

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

AFFIDAVIT

     On                 ,  19       ,           I               (name), of                (address)

                        (occupation) say on oath:

     1.  I am the secretary of the respondent and am authorised to make this affidavit on its behalf.

2.  (The deponent should state which of the answers are true to his own knowledge and which are true to the best of his knowledge, information and belief based on his inquiries of officers of the company and others and on his other investigations.)

Sworn &c.

Version 1

Form 25      Notice to admit facts (and authenticity of documents)

(Order 18, rule 2)

To the respondent:

The applicant requires you to admit for the purpose of these proceedings only —

The applicant requires you to admit for the purpose of these proceedings only the authenticity of the following documents —

If you do not, within 14 days after service of this notice upon you, serve a notice upon the applicant disputing any fact (and the authenticity of any document) above specified, that fact (and the authenticity of that document) shall, for the purpose of these proceedings, be admitted by you in favour of the applicant.

Version 1

Form 26      Notice disputing facts (and authenticity of documents)

(Order 18, rule 2)

The respondent disputes the following facts specified in the applicant’s notice dated e.g. 7 May, 19         .

The respondent disputes the authenticity of the following documents which were specified in the applicant’s notice (or list of documents) dated e.g. 7 May, 19        .

The respondent admits —

Version 1

Form 27      Notice of motion

(Order 19, rule 2)

The abovenamed applicant or respondent or as the case may be will at 10.15 a.m. on 7 May 19   , at (address of Court) move the Court for orders —

(Where the time for service under Order 19, rule 3 has been abridged, add —

The time before which this notice of motion is to be served has been abridged by the Court to (specify time)). (Follow the prescribed form of conclusion of documents for use by a party Form 4.)

To: (name each party affected by the above order sought).

Version 1

Form 28      Notice of withdrawal of appearance

(Order 22, rule 1)

The respondent CD withdraws his appearance.

Version 1

Form 29      Notice of discontinuance

(Order 22, rule 2)

The applicant *discontinues the proceeding/*discontinues the proceeding in respect of claim numbers [numbers] of the application.

(Complete if consent has been obtained)

*The discontinuance is by consent.

(Complete if consent on terms has been obtained)

*The discontinuance is by consent on the following terms [specify in numbered paragraphs the terms of the consent].

(Complete if leave of the Court has been obtained)

*The discontinuance is in accordance with the leave of the Court granted on [date].

Notes in relation to costs

Note 1   Under subrule 3 (1) of Order 22, a party who discontinues a proceeding, or a part of a proceeding, without the leave of the Court and without the consent of the other party or parties, is liable to pay the costs of the other party, or parties, occasioned by the proceeding or the part of the proceeding that is discontinued.

Note 2   Under subrule 3 (2) of Order 22, a party who discontinues a proceeding, or a part of a proceeding, without the leave of the Court but with the consent of the other party or parties, is, unless the terms of the consent otherwise provide, liable to pay the costs of the other party, or parties, occasioned by the proceeding or the part of the proceeding that is discontinued.

Date:

[Signature of applicant or applicant’s solicitor]

*Date:

*[Signature of consenting respondent or respondent’s solicitor]

(If the discontinuance is by consent, each party, or the party’s solicitor, must sign the notice of discontinuance.)

Omit if not applicable

Version 2

Form 30      Notice of withdrawal of defence

(Order 22, rule 4)

The respondent CD (by consent if consent is required, or by the leave of the Court          granted on e.g. 7 May, 19                                                      ,
if leave is obtained), withdraws his defence (in respect of paragraphs numbers 1‑3 of his defence).

(conclude as in Form 29).

Version 1

Form 31      Notice of deposit

(Order 23, rule 14)

The (party, eg applicant, respondent) has paid (filed a security to pay) into Court $ (insert amount).

That sum (security) has been paid (filed) under an order of the Court made on (insert date, eg 7 May 19   ).

OR

That sum (security) is in respect of the following: (specify).

Version 1

Form 31A   Notice of deposit

(Order 65, subrule 2 (4))

The applicant has paid into Court $                 pursuant to subsection 202 (3) or subsection 215 (1) of the Life Insurance Act 1995.

dated:

                                                     

(Signed, applicant or its Solicitor)

Version 2

Form 36      Security to pay into Court

(Order 23, rule 15)

(Name of authorised person under subrule 15 (2) or (3)), whose address for service is (insert address), promises to the Registrar of the Court to pay $ (insert amount) into Court or in a manner directed by the Court as and when ordered by the Court to do so under Order 23 of the Rules.

Signed

or

The Common Seal

(and so on)

Version 1

Form 37      Order for examination

(Order 24, paragraph 1 (1) (a))

THE COURT ORDERS THAT:

1.                    (name)                  of                       (address)                    

be examined on oath before (name and address, or describe examiner).

(Complete as in general form of order under Order 36.)

Version 2

Form 38      Order appointing examiner

(Order 24, paragraph 1 (1) (a))

THE COURT ORDERS THAT:

1.              (Name and address or description)                 be appointed examiner for the purpose of taking the examination on oath of a witness                                   

(name)                      of                    (address out of Australia)

in accordance with the Rules of this Court (but without the power to compel a witness to attend if this is required by a convention, agreement, arrangement, or treaty to which the Crown in right of the Commonwealth or, where appropriate, in right of a State, and a country other than Australia are parties, about legal proceedings in civil matters).

2.  The party obtaining this order give to each other interested party 7 days’ notice in writing of the date on which he proposes to send this order to the examiner.

3.  Not less than 4 days after that notice has been given each party shall give to the other the name of his agent at      (place)                                                             

to whom notices may be sent.

(Complete as in general form of order under Order 37.)

Version 2

Form 39      Order

(Order 24, paragraph 1 (1) (b))

THE COURT ORDERS THAT:

1.  A letter of request be sent to the judicial authorities of          (country)

to take or cause to be taken the evidence of (name)

(Complete as in general form of order under Order 37.)

Version 2

Form 40      Deed

(Order 26, rule 3)

PARTICULARS

1.  Date: e.g. 7 May 19          .

2.  Receiver: (name)

(address for service)

3.  Guarantor: (name)

(address for service)

4.  Date of order for appointment of Receiver: e.g. 10 April, 19   .

THIS DEED made between the Guarantor and the Registrar of the Court witnesses that the Guarantor promises the Registrar that if the Receiver does not account to the Court for what he receives as Receiver or does not deal with what he receives as Receiver as the Court directs the Guarantor will pay to the Registrar whatever is required to make good the default to a limit of $

Signed (&c.)

Version 1

 

Form 41      Subpoena

(Order 27, subrule 3 (1))

IN THE [name of court]          File number:

 

DISTRICT REGISTRY [insert if filing in Federal Court]

 

APPLICANT/PLAINTIFF:

 

RESPONDENT/DEFENDANT:

 

SUBPOENA

 

To:       [name]

[address]

 

YOU ARE ORDERED:

q  *to attend to give evidence — see section A of this form; or

q  *to produce this subpoena or a copy of it and the documents or things specified in the Schedule — see section B of this form; or

q  *to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule — see section C of this form

*   Select one only of these three options

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last date for service of this subpoena is:   ................................................. (See   Note 1)

 

Please read Notes 1 to 13 at the end of this subpoena.

 

[Seal or Stamp of the Court]

Date:

 

Issued at the request of [name of party], whose address for service is:

A.      Details of subpoena to attend to give evidence only

 

Date, time and place at which you must attend to give evidence, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:

 

Date:

 

Time:

 

Place:

 

 

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

B.      Details of subpoena to produce only

 

You must comply with this subpoena:

(a)        by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b)        by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear days before the date specified for attendance and production. (See Notes 5–9)

 

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:

 

Date:

 

Time:

 

Place:

 

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:

 

 

The Registrar

[Name of Court …..etc as the case may be]

 

 

Schedule

The documents and things you must produce are as follows:

[If insufficient space attach list]

 

 

 

C.    Details of subpoena both to attend to give evidence     and to produce

 

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

 

Date:

 

Time:

 

Place:

 

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

 

 

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:

(a)        by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b)        by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear days before the date specified for attendance and production. (See Notes 5–9)

 

Date, time and place at which you must attend to produce the subpoena or a copy of it and the documents or things, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:

 

Date:

 

Time:

 

Place:

 

 

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:

 

The Registrar

[Name of Court …..etc as the case may be]

 

 

 

Schedule

The documents and things you must produce are as follows:

[If insufficient space attach list]

 

NOTES

Last day for service

1.         You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2.         Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a corporation

3.         If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Conduct money

4.         You need not comply with the subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post

5.         If this subpoena requires production of the subpoena (or a copy of it) and a document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the Registrar:

            (a)      at the address specified in the subpoena for the purpose; or

            (b)      if more than one address is so specified — at any one of those addresses;

             so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production, or if you receive notice of a later date from the issuing party, before the later date or time.

6.         If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.

7.         Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8.         If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.

Production of copy instead of original

9.         You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

Applications in relation to subpoena

10.       You have the right to apply to the Court:

             (a)     for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and

             (b)     for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.

Loss or expense of compliance

11.       If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness’s expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court — arrest

12.       Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

13.       Note 12 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 44      Request to fix date for trial

(Order 30, subrule 2 (1) and Order 53, subrule 18 (1))

[heading to form as in Form 1]

The applicant [or as the case may be] requests that a date be fixed for the trial of the proceeding.

To:       [name of party]

            [address for service of party]

                                                   

(Signature of requesting party or
the party’s solicitor)

Version 1

Form 44A   Notice of date for trial

(Order 30, rule 4, Order 52, subrule 29 (5) and Order 53, subrule 18 (2))

[heading to form as in Form 1]

To:       [name of party]

            [address for service of party]

Take notice that the date, time and place for trial of this proceeding is as specified below.

Date:        [date and time to be entered by Registry unless fixed by the Court]

Time:      

Place:       [address of Court]

Dated   [eg 7 May 20              ]

 

(Signature of notifying party or

the party’s solicitor)

Version 2

Form 45      Notice to produce

(Order 33, rule 12)

To the applicant:

The respondent requires you to produce at the trial (or otherwise specify the occasion or place) the following documents for the purpose of evidence —

(enumerate the documents or things)

Version 1

Form 46      Order

(Order 33, rule 14)

THE COURT ORDERS THAT:

1.  The Superintendent (or as the case may be) shall have (name), a prisoner, before this Court to be examined as a witness and duly returned to confinement.

2.  The first day on which he is required to have the prisoner before the Court is e.g. 7 May, 19        , at 10.15 a.m. at (address of Court).

(Complete as in general form of order under Order 36)

Version 1

Form 46A   Order

(Order 52, rule 40)

THE COURT ORDERS THAT:

1.  The Superintendent (or as the case may be) shall have (name), prisoner, before this Court to be present during the hearing of an appeal concerning him and duly returned to confinement.

2.  The first day on which it is required to have this prisoner before the Court is (e.g. 7 May 19                    , at 10.15 a.m.) at (address of Court).

Version 1

Form 46B   Order

(Order 33, rule 15)

THE COURT ORDERS THAT:

1.  The Superintendent (or as the case may be) shall have (name), a prisoner, before this Court to be present during the hearing of the proceeding concerning him and duly returned to confinement.

2.  The first day on which it is required to have this prisoner before the Court is (e.g. 7 May 19                    at 10.15 a.m.) at (address of Court).

(Complete as in general form of order under Order 36)

Version 1

Form 46C   Affidavit in respect of debt or liquidated damages

(Order 35A, subrule 3 (3))

I, [name], of [address and occupation], *say on oath/*affirm:

1.       I am [state deponent’s relationship to the applicant(s)/cross‑claimant(s), eg, ‘the applicant/cross‑claimant’, ‘(name), one of the applicant(s)/cross‑claimant(s)’, ‘a director of the applicant/cross‑claimant’, ‘a director of (name), one of the applicant(s)/cross‑claimant(s)’] named in the *application/*cross‑claim relating to the *debt/*debts/*liquidated damages owed by [name of respondent/cross‑respondent].

2.       [If the deponent is not the applicant/cross‑claimant, state the facts entitling the deponent to make the affidavit, eg ‘I am authorised by the applicant(s)/cross‑claimant(s) to make this affidavit on its/their behalf].

3.       [State the source of the deponent’s knowledge of the matters stated in the affidavit in relation to the debt/each of the debts/liquidated damages, eg ‘I am the person who, on behalf of the applicant(s)/cross‑claimant(s), had the dealings with the respondent/cross‑respondent that gave rise to the debt/debts/liquidated damages’, ‘I have inspected the business records of the applicant(s)/cross‑claimant(s) in relation to the respondent’s/cross‑respondent’s account with the applicant(s)/cross‑claimant(s)’].

4.       *The debt/*debts/*liquidated damages of $[amount] mentioned in the *application/*cross‑claim, *remains/*remain *fully/*to the extent of $[amount] due and payable by the respondent/cross‑respondent.

*Sworn/*affirmed at: [place of swearing or affirmation] on [date]

[Signature of deponent]

Before me:

[Signature and designation of

person before whom deponent

swears or affirms affidavit]

* Omit if not applicable

Version 1

Form 47      Order

(Order 36, rule 4)

Judge(s):

Date of order:

Where made:

The Court orders (or declares) that:

1.

2.

3.

……………………………………..

District Registrar

Date that entry is stamped:

Note*

Subsection 35A (5) of the Federal Court of Australia Act 1976 (the Act) provides that a party to proceedings in which a Registrar has exercised any of the powers of the Court under subsection 35A (1) of the Act may, within the time prescribed by the Rules of Court, or within any further time allowed in accordance with the Rules of Court, apply to the Court to review that exercise of power.

Order 46, subrule 7B (1) provides that, subject to any direction by the Court or a Judge to the contrary, an application under subsection 35A (5) of the Act for review of the exercise of a power of the Court by a Registrar under subsection 35A (1) of the Act must be made by motion on notice within 21 days after the day on which the power was exercised. An applicant seeking a review can apply to a Judge to waive the requirement that the application for review be made by motion on notice (see Order 1, rule 8).

* Omit this note if the orders have not been made by a Registrar.

Version 2

Form 47A   Certificate of judgment

(Order 36, rule 9)

 

Causes of action to which the judgment relates

The rate of interest (if any) payable on any amount payable under the judgment

Amount payable under the judgment on date of issue of certificate

Amount of costs ordered to be paid under the judgment

Particulars (if any) required by a foreign tribunal in which it is proposed to register or enforce the judgment

Date of trial

Date of judgment

I certify that this certificate correctly and fully sets forth the particulars of a judgment given in this Court, on the date (e.g. 7 May, 19                                                                            ) in a suit wherein (insert name of applicant) was applicant and (insert name of respondent) was respondent.

Dated (e.g. 7 May, 19    ).

Registrar

Version 1

Form 48      Warrant for arrest

(Order 40, rules 9 and 11; Order 49, subrule 4 (3) and (4))

To the Sheriff —

Arrest (name) and bring him before the Court to answer the charge set out below detaining him in custody in the meantime unless, by paying the sum of
$                   into Court (or as the case may be) he gives security for his appearance in person before the Court to answer the charge and to submit to the (judgment or) order of the Court.

(Name) is charged with (state charge, e.g. contempt of court) in that (give particulars).

Date: e.g. 7 May, 19         .

Judge

Version 1

Form 49      Warrant for committal

(Order 37, rule 9)

To the Sheriff —

Take (name) to (name of prison) and deliver him to the Superintendent of that prison.

To the Superintendent of (name of prison):

Receive (name) into your custody and keep him there until the further order of this Court (or as the case may be).

His committal is for contempt of court in that he (state the nature of the contempt, for example, wilfully insulted the Judge while the Judge was sitting in Court).

Date: e.g. 7 May, 19        .

Judge

Version 1

Form 50      Notice of claim

(Order 44, rule 4)

(Heading and title)

The claimant claims the property described in the schedule, being (part of) the property taken (intended to be taken) in execution by the Sheriff at (address) under process against (name).

SCHEDULE

(description)

Date: e.g. 7 May, 19        .

(signature)

Claimant’s solicitor

Claimant: (name)

Place of abode:

Address for service:

To the execution creditor:

If you do not, within 4 days after service of this notice upon you, serve on the Sheriff a notice that you admit this claim, the Court may on application by the Sheriff grant relief by way of interpleader.

If you admit the claim, you will not be liable to the Sheriff for any fees or expenses incurred by him after you serve on him notice that you admit it.

(signature)

Sheriff

Date:

Version 1

Form 50A   Application for inquiry relating to an election

(Order 48, subrule 10A (1))

IN THE FEDERAL COURT OF AUSTRALIA

                                    DISTRICT REGISTRY    No.              of 20      .

In the matter of an election for an office in (name of organisation or branch)

 

A.B.

Applicant

 

 

APPLICATION FOR INQUIRY RELATING TO AN ELECTION

The applicant, being:

·    a member of the (name of organisation);* or

·    a person who, within the period of 12 months before the date of this application, has been a member of the (name of organisation);* or

·    the Electoral Commissioner*

applies under section 200 of Schedule 1B to the Workplace Relations Act 1996 for an inquiry into the alleged irregularities set out below that the applicant claims to have occurred in relation to the election specified in this application. The applicant relies on the facts stated in the affidavit accompanying this application.

 

Particulars of election

 

1.   Organisation or branch: (name)

 

2.   Office or offices: (title of each position for which the election was held)

 

3.   The result of the election was declared on (date)*

                        OR

      The result of the election has not been declared.*

 

Particulars of alleged irregularities

 

1.   (Specify in numbered paragraphs the alleged irregularities.)

2.  

3.  

*Omit if inapplicable

Date:

 

(Signed, applicant or applicant’s solicitor)

 

Appointment for hearing

This application has been set down for a directions hearing at the time and place stated below.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

 

 

 

Date:

 

(Signed, Registrar)

 

The applicant’s address for service is (specify address for service).

Version 1

Form 50B   Application for inquiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996

(Order 48, subrule 10A (2))

IN THE FEDERAL COURT OF AUSTRALIA

                                    DISTRICT REGISTRY    No.              of 20      .

In relation to a ballot of members of (name of amalgamated organisation)

 

A.B.

Applicant

 

 

APPLICATION FOR INQUIRY RELATING TO A BALLOT UNDER PART 2 OF CHAPTER 3 OF SCHEDULE 1B TO THE WORKPLACE RELATIONS ACT 1996

The applicant, being:

·    a member of the (name of the organisation whose members were eligible to vote in the ballot);* or

·    a person acting on behalf of a member of the (name of the organisation whose members were eligible to vote in the ballot);* or

·    the Electoral Commissioner*

applies under section 69 of Schedule 1B to the Workplace Relations Act 1996 for an inquiry into the alleged irregularities set out below that the applicant claims to have occurred in relation to the ballot specified in this application. The applicant relies on the facts stated in the affidavit accompanying this application.

 

Particulars of ballot

 

1.   Ballot of members of (name of organisation) on the question whether:

      ·    they approve the proposed amalgamation of that organisation with (name of other organisation or organisations concerned in the amalgamation);*

      ·    if the proposed amalgamation of that organisation with (name of other organisation or organisations concerned in the amalgamation) does
not take place, they approve the amalgamation of (name of first‑mentioned organisation) with the other organisations concerned in the amalgamation whose members give a like approval.*

 

2.   The ballot was completed on (date)*

                        OR

      The ballot has not been completed.*

 

Particulars of alleged irregularities

 

1.    (Specify in numbered paragraphs the alleged irregularities.)

2.   

3.   

 

*Omit if inapplicable

 

Date:

 

(Signed, applicant or applicant’s solicitor)

 

Appointment for hearing

This application has been set down for a directions hearing at the time and place stated below.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

 

 

 

Date:     

 

(Signed, Registrar)

 

The applicant’s address for service is (specify address for service).

Version 1

Form 50C   Application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996

(Order 48, subrule 10A (3))

IN THE FEDERAL COURT OF AUSTRALIA

                                    DISTRICT REGISTRY    No.              of 20      .

In relation to a ballot of members of (name of amalgamated organisation)

 

A.B.

Applicant

 

 

APPLICATION FOR INQUIRY RELATING TO A BALLOT UNDER PART 3 OF CHAPTER 3 OF SCHEDULE 1B TO THE WORKPLACE RELATIONS ACT 1996

The applicant, being:

·    a member of the (name of organisation);* or

·    a person who, within the period of 12 months before the date of this application, has been a member of the (name of organisation);* or

·    the Electoral Commissioner*

applies under section 108 of Schedule 1B to the Workplace Relations Act 1996 for an inquiry into the alleged irregularities set out below that the applicant claims to have occurred in relation to the ballot specified in this application. The applicant relies on the facts stated in the affidavit accompanying this application.

 

Particulars of ballot

 

1.   Ballot of members of (name of amalgamated organisation) in respect of the proposed withdrawal from amalgamation of (name of constituent part of amalgamated organisation) from (name of amalgamated organisation).

 

2.   The ballot was completed on (date)*

                        OR

      The ballot has not been completed.*

 

Particulars of alleged irregularities

 

1.   (Specify in numbered paragraphs the alleged irregularities.)

2.  

3.  

 

*Omit if inapplicable

 

Date:

 

(Signed, applicant or applicant’s solicitor)

 

Appointment for hearing

This application has been set down for a directions hearing at the time and place stated below.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

 

 

 

Date:     

 

(Signed, Registrar)

 

The applicant’s address for service is (specify address for service).

Version 1

Form 51      Summons

(Order 49, rule 2)

To the defendant:

You are required to appear before the Federal Court of Australia at the time and place specified below to answer the charge the prosecutor makes against you, viz.

1.  (state offence)

     The particulars of the charge are —

2.  (State particulars in accordance with Order 49, paragraph 2 (1) (b).)

3.   

TAKE NOTICE that if you do not appear before the Court at the time and place specified below, a warrant may be issued for your arrest.

Time:   (Date and time to be entered by Registry unless fixed by the Court).

Place:   (Address of Court).

The prosecutor’s address for service is (specify address for service).

Date (e.g. 7 May 19      .)

Registrar

Version 1

Form 52      Information for an offence

(Order 49, rule 2)

At the time and place specified below (name of prosecutor) of (address of prosecutor) in the State of          appears before (name of Registrar) (description of Registrar) and informs the said (name of Registrar) that on (Date and place of offence) (Name and address of defendant) did (or failed to do) (Set out details of offence and specific description of legislation creating the offence.)

(Signature of Prosecutor)

Time:     (Date and time prosecutor appears before Registrar).

Place:     (Address of Court).

Signed by the abovenamed prosecutor before me —

Date:  e.g.  7 May, 19       .

Registrar

Version 1

Form 53      Notice of a constitutional matter under section 78B of the Judiciary Act 1903

(Order 51)

A.B.

Applicant

C.D.

Respondent

NOTICE OF A CONSTITUTIONAL MATTER

1.    (The party whose case raises the matter, e.g. applicant, respondent, &c.) gives notice that the above proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903.

(Conclude in accordance with Form 4)

Version 1

Form 53A   Notice of proceeding

(Order 51A, rule 2)

On remittal from the High Court of Australia

BETWEEN:       

A.B.
Applicant

AND:

C.D.

Respondent.

NOTICE OF PROCEEDING

To (party) (address)

This matter (or part of this matter) has been remitted to the Federal Court of Australia by the accompanying order of the High Court of Australia.

A directions hearing in this matter will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you, the application may be dealt with and judgment be given or an order made in your absence.

Before any attendance at that time you must file an appearance in the Registry unless you are the applicant or have entered an appearance in the High Court.

Time:

Place: (address of Court)

Date of notice: (e.g. 5 May 1984)

                                              

(Signed, Registrar)

Version 2

Form 53B   Notice of directions hearing (petition)

(Order 51B, rule 5)

Referred from the High Court of Australia

BETWEEN:       

A.B.

Petitioner

AND:

C.D.

Respondent

NOTICE OF DIRECTIONS HEARING (PETITION)

To (party)

(address for service of party)

This petition (or part of this petition) has been referred to the Federal Court of Australia by the accompanying order of the High Court of Australia.

The matter has been set down for the time and place stated below.  If you or a legal practitioner representing you do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence.  As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)     the application may be heard;

(b)     directions may be given for the further conduct of the proceeding;

(c)     any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

Date of notice:

……………………………

(signed, Registrar)

Version 2

Form 53C   Notice of date for trial (petition)

(Order 51B, rule 10)

Referred from the High Court of Australia

BETWEEN:

A.B.

Petitioner

AND:

C.D.

Respondent

NOTICE OF DATE FOR TRIAL (PETITION)

To (party)

(address for service of party)

Take notice that the date, time and place for trial of this proceeding are as specified below.

Date:

Time:

Place: (address of Court)

Date of notice:

……………………………

(signature of notifying party
or party’s solicitor)

Version 1

Form 54      Application for leave to appeal

(Order 52, rule 4)

IN THE FEDERAL COURT OF AUSTRALIA

(location of registry) REGISTRY                       No.              of 20   .

A.B.       Applicant

C.D.       Respondent

APPLICATION FOR LEAVE TO APPEAL

1.  The applicant applies for leave to appeal from the judgment of (court or Judge) given on (date) at (place).

2.  Leave to appeal is required by (legislation giving right to             appeal with leave).

3.   The grounds of the application appear in the annexed affidavit.

4.  (Statement indicating whether the applicant wishes to have the application dealt with without an oral hearing.)

5 .  (If Order 52, subrule 5 (3) applies) The applicant applies for an order that compliance with subrule 5 (2) is dispensed with.

To the respondent (address):

Take Notice: Before taking any step in the proceeding you must enter an appearance in the Registry.

The applicant’s address for service is (address for service).

(Conclude in accordance with Form 4)

Version 2

Form 54A   Application for leave to file and serve out of time

(Order 52, paragraph 15 (3) (a))

IN THE FEDERAL COURT OF AUSTRALIA

(insert location of registry) REGISTRY               No.              of 20 .

 

A.B.       Applicant

C.D.       Respondent

APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE OF APPEAL

1.  The applicant applies for an extension of time in which to file and serve a notice of appeal from the judgment of the *Federal Court/*(or if from another Court, specify Court) given on (date) at (place).

2.  An extension of time is required because a notice of appeal was not filed and served within the time limited by Order 52 rule 15.

3.  The grounds of the application appear in the attached affidavit.

4.  (Statement indicating whether the applicant wishes to have the application dealt with without an oral hearing.)

*5.(If the application indicates that the applicant does not wish to have the application dealt with without an oral hearing) This application will be heard by the Court at                         
on                                . (Place and date to be inserted by the Registrar).

       DATE:

                                                                    

(Signed, applicant or applicant’s       solicitor)

* Omit if inapplicable

Version 2

Form 55      Notice of appeal

(Order 52, rule 12)

IN THE FEDERAL COURT OF AUSTRALIA

(insert location of registry) REGISTRY               No.              of 20 .

On appeal from the *Federal Court/*(or if from another Court, specify Court)

BETWEEN:

A.B.                Appellant

and

C.D.              Respondent

NOTICE OF APPEAL

The appellant appeals from the whole (or if from a part, specify part) of the judgment of the *Federal Court/*(or if from another Court, specify Court) given on (date) at (place).

*The appeal is brought in accordance with leave granted on (date).

GROUNDS OF APPEAL: (Specify grounds of appeal)

1.

2.

3.

ORDERS SOUGHT: (State what judgment or order the appellant seeks instead of the judgment appealed from)

1.

2.

3.

To the respondent (address)

TAKE NOTICE:

(a)     Before taking any step in the proceeding you must enter an appearance in the Registry, unless you have already entered an appearance under Order 52, rule 7.

*(b)   (Do NOT use this paragraph if the appeal is from a judgment of the Federal Magistrates Court) The papers in the appeal will be settled before the Registrar at                  on                    (place, date and time to be inserted by the Registrar).

*(b)   (Use this paragraph only if the appeal is from a judgment of the Federal Magistrates Court) This appeal has been listed for a *directions hearing at the time and place stated below. If you or your legal representative do not attend the Court at that time, orders may be made in your absence (including orders for costs).

          Time and date for *directions hearing: (to be entered by Registry unless fixed by Court)

          Place: (address of Court)

The appellant’s address for service is (address).

 

* Omit if inapplicable.

Version 4

Form 55A   Notice of Appeal

(Order 53, rule 2 and Order 59, rule 1)

On appeal from the (insert name of Tribunal)

BETWEEN

A.B.       Applicant

and

C.D.       Respondent

NOTICE OF APPEAL

1.   TAKE NOTICE that the applicant appeals from the decision or determination of (specify Tribunal below) given on (specify date) at (specify place) by which the Tribunal decided or determined (specify decision or determination appealed from).

2.   THE QUESTIONS OF LAW raised on appeal are — (specify each question of law).

3.   ORDERS SOUGHT: (state the orders or relief sought by the applicant).

4.   GROUNDS: (specify grounds relied upon in support of the orders sought).

5.   FINDINGS OF FACT (if any) that the Court is asked to make are: (specify each finding).

Note   Item 5 only applies to appeals under section 44 of the Administrative Appeals Tribunal Act 1975.

Date: e.g. 7 May 20   .

(Signed, applicant or applicant’s solicitor)

Note   Order 53, subrule 6 (2) provides that within 7 days after filing this notice of appeal, the applicant must serve a copy of it on all other parties to the proceedings before the Tribunal and on the Registrar of the Tribunal.

To the respondent: (address)

TAKE NOTICE:

A directions hearing in this appeal will be heard by the Court at the time and place specified below. If you or your legal representative do not attend the Court at that time, orders may be made in your absence (including orders for costs).

Before taking any step in the proceeding or attending at the directions hearing you must file an appearance in the Registry.

Time: (date and time to be entered by Registry unless fixed by Court)

Place: (address of Court)

(where the time for service has been shortened, add — )

The time in which this notice of appeal, with its notice of the directions hearing, is to be served has been shortened by the Court to (specify time).

Date: e.g. 7 May 20   .

………………………………………..

(Signed: REGISTRAR)

The applicant’s address for service is (specify address for service).

Version 4

Form 55B   Application for extension of time to file and serve notice of appeal from Tribunal

(Order 53, rule 7 )

BETWEEN:                                                         A.B               Applicant

and

C.D.            Respondent

APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE OF APPEAL FROM TRIBUNAL

1.  The applicant applies for an extension of time in which to *file and *serve a notice of appeal from the *decision/*determination of (specify Tribunal) given on (specify date) at (specify place) in which the Tribunal *decided/*determined (specify decision or determination from which the appeal is brought).

2.  An extension of time is required because a notice of appeal was not *filed and *served, as the case may be, within the *time/*times specified in (specify provision or provisions of the Act limiting the time for filing or service, or both, and allowing the Court to extend that time).

3.  The grounds of the application appear in the annexed affidavit.

omit if inapplicable

Date: eg. 7 May 19     

                                                                      

(Signed, applicant or applicant’s solicitor)

Time and date for hearing of application: (to be inserted by Registry)

Place: (address of Court)

(Signed: District Registrar)

Version 1

Form 55C   Notice of referral

(Order 52A, rule 7)

BETWEEN:                                                         A.B.

Applicant

and

Commissioner of Taxation

Respondent

NOTICE OF REFERRAL

The applicant has requested the respondent pursuant to (Insert title and section of Act pursuant to which the request is made) to refer the respondent’s decision on an objection with respect to taxation to the Court. That decision of the respondent is as follows:

(State precisely the decision)

A list of the documents necessary for the hearing of the proceeding was forwarded by the respondent to the Registry. A copy of this list accompanies this Notice.

Date: e.g. 7 May 19  .

                                                          

(Respondent/solicitor)

The respondent’s address for service is (specify address for service).

NOTICE TO THE APPLICANT:

A directions hearing in this matter will be heard by the Court at the time and place specified below. If there is no attendance before the Court by you or a legal practitioner representing you, the matter may be dealt with and judgment may be given or orders made or directions given in your absence. Before any attendance at that time you must file an address for service in the Registry and serve a copy of it upon the respondent.

TIME: (Date and time to be entered by Registry unless fixed by Court)

PLACE: (Address of Court)

DATE: e.g. 7 May 19       .

                                                          

(Signed: REGISTRAR)

Version 2

Form 55CA        Notice of address for service

(Order 52A, rules 11 and 24)

BETWEEN:                                                       A.B.

Applicant

and    

Commissioner of Taxation

Respondent

NOTICE OF ADDRESS FOR SERVICE

The applicant is

A.B.

of (address)

Solicitor:   (name)

                 (address)

                 telephone: (number)

                 facsimile: (number)

                 email address:

Solicitor’s agent: (name)

                            (address)

                            telephone: (number)

                            facsimile: (number)

                            email address:

Address for service:     (Specify address for service which may be a document exchange box)

Date: e.g. 7 May 19       .

                                                          

(Applicant/solicitor)

Version 1

Form 55CB        Notice of hearing

(Order 52A, rule 20)

BETWEEN:                                                      A.B.

Applicant

and

Commissioner of Taxation

Respondent

NOTICE OF HEARING

TAKE NOTICE that the application of the applicant under the Act mentioned below asking that a request to refer the decision of the respondent specified below to the Court be treated as having been duly lodged notwithstanding that the period for the lodgment by the applicant of such a request has ended, will be listed for hearing before the Federal Court of Australia at the time and place specified below. If there is no attendance before the Court by you or a legal practitioner representing you, the matter may be dealt with and judgment may be given or orders made or directions given in your absence. Before any attendance at that time you must file an address for service in the Registry and serve a copy of it upon the respondent.

ACT:                (Insert title and section of Act under which the application is made)

DECISION:                  (Specify the respondent’s decision)

TIME:      (Date and time to be entered by Registry unless fixed by Court)

PLACE:   (Address of Court)

(Where the time for service has been abridged, add —

The time by which this application is to be served has been abridged by the Court to (specify date))

Date: e.g. 7 May 19       .

                                                          

(Respondent/solicitor)

The respondent’s address for service is (specify address for service).

Version 2

Form 55D   Application

(Order 52B, subrule 4 (3))

(Heading in Form 1)

The applicant appeals to the Court against the appealable objection decision referred to below and applies for the decision to be set aside or to be varied in the manner set out below.

Objection decision appealed against

AND

Manner in which decision is to be varied (if variation is applied for)

e.g. By allowing the objection lodged to the extent of excising from my taxable income the amount of $     

Date: e.g. 7 May 19    .

                                                                               

(Signature of applicant or applicant’s solicitor)

To:       The respondent

*Address

A directions hearing in this application will be heard by the Court at the time and place specified below. If there is no attendance before the Court by you or a legal practitioner representing you, the application may be dealt with and judgment may be given or an order made in your absence. Before attending at this time you must file a notice of appearance in the Registry.

Time:     (Date and time to be entered by Registry unless fixed by Court)

Place:     (Address of Court)

Date: e.g. 7 May 19    .

                                

(Signed, Registrar)

The applicant’s address for service is (specify address for service)

*NOTE:                 The address of the respondent to be inserted must be the address of the office of the Australian Taxation Office shown on the written notice of the Commissioner’s appealable objection decision served upon the applicant.

Version 2

Form 55DA        Application

(Order 52C, subrule 3 (4))

(Heading as in Form 1)

The applicant appeals to the Court against the departure prohibition order referred to below and applies for the order to be set aside or to be varied in the manner set out below.

Departure Prohibition Order appealed against: (specify)

Orders Sought: (specify the orders or relief sought)

Grounds: (specify grounds relied on in support of the orders or relief sought)

Date: eg 7 May 19       .

                                                                        

(signature of applicant or applicant’s solicitor)

To:    The respondent

*(address)

A directions hearing in this application will be heard by the Court at the time and place specified below.  If there is no attendance before the Court by you or a legal practitioner representing you, the application may be dealt with and judgment may be given or an order made in your absence. Before attending at this time you must file a notice of appearance in the Registry.

Time:   (date and time to be entered by Registry unless fixed by Court)

Place:   (address of Court)

Date:        eg 7 May 19     .

                                

(signed)   Registrar

The applicant’s address service is (specify address for service)

*NOTE:   The address of the respondent to be inserted is the address of the office of the Australian Government Solicitor in the district of the Registry in which the departure prohibition order was made.

Version 2

Form 55E   Notice of setting down for hearing

(Order 52B, subrule 6 (2))

(Heading in Form 1)

To:    The respondent:

*Address

Take notice that this matter has been set down for hearing at the time and place specified below or as soon after that as the matter may be heard.

Time: (Date and time to be entered by Registry unless fixed by Court)

Place: (Address of Court)

Date:     e.g. 7 May 19        .

                                                                           

(Signature of applicant or applicant’s solicitor)

*NOTE:    The address of the respondent to be inserted must be the address of the office of the Australian Taxation Office shown on the written notice of the Commissioner’s appealable objection decision served upon the applicant.

Version 1

Form 56      Application for an Order of review

(Order 54)

IN THE FEDERAL COURT OF AUSTRALIA

                                   DISTRICT REGISTRY             No.            of 20      .

 

                                                         BETWEEN

A.B.

Applicant

AND

C.D.

Respondent

APPLICATION FOR AN ORDER OF REVIEW

Application to review the decision of (the respondent or the first respondent) that (here specify decision)

OR

Application to review the conduct of (the respondent or the first respondent) under which (here identify conduct)

OR

Application to review conduct in which (the respondent or the first respondent) proposes to engage by which (here identify proposed conduct)

OR

Application to review the failure of (the respondent or the first respondent) to decide that (here identify the decision that is alleged ought to have been made)

The applicant is aggrieved by the (decision or conduct or proposed conduct or failure) because —

1.

2.

etc

The grounds of the application are —

1.

2.

etc

(particulars of fraud or bad faith, if alleged (Order 54, rule 2))

 

The applicant claims —

1.    An order (or declaration) that (specify relief sought).

2.   

etc

Date: eg 7 May 20        .

(Signed, applicant or applicant’s solicitor)

NOTICE TO THE RESPONDENT

TO the respondent of (insert address):

This application has been set down for the time and place stated below. If you or a legal practitioner representing you do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)     the application may be heard;

(b)     directions may be given for the further conduct of the proceeding;

(c)     any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

 

 

 

Date:     

(Signed, Registrar)

The applicant’s address for service is (specify address for service).

Version 3

Form 56A   Application under the Migration Act 1958

(Order 54B, subrule 2 (1))

IN THE FEDERAL COURT OF AUSTRALIA

                                  DISTRICT REGISTRY          No.      of 20   .

BETWEEN

A.B.

Applicant

AND

C.D.

Respondent

APPLICATION UNDER MIGRATION ACT 1958

This application is made under section 476A of the Migration Act 1958.

The applicant was notified of the decision that is the subject of this application on: (date)

The applicant claims:

1.    (specify in numbered paragraphs all relief sought)

2.   

etc

The grounds of the application are:

1.

2.

etc

(particulars of fraud or bad faith if alleged (Order 54B, subrule 2 (2)))

DISCLOSURE UNDER SECTION 486D MIGRATION ACT 1958 — PROCEEDINGS IN RELATION TO A TRIBUNAL DECISION

*For the purposes of the disclosure required by section 486D of the Migration Act 1958 in relation to a proceeding in relation to a tribunal decision (within the meaning of that section), the applicant states that the applicant has not brought any other judicial review proceedings (within the meaning of that section) in relation to the decision.

*For the purposes of the disclosure required by section 486D of the Migration Act 1958 in relation to a proceeding in relation to a tribunal decision (within the meaning of that section), the applicant states that the applicant has brought the following judicial review proceedings (within the meaning of that section) in relation to the decision:

(particulars of the title, file number and date of each proceeding and the court in which it was brought)

*Delete if inapplicable

CERTIFICATE UNDER SECTION 486I MIGRATION ACT 1958

*For the purposes of section 486I of the Migration Act 1958, I (name of lawyer) certify that there are reasonable grounds for believing that this migration litigation (within the meaning of section 486K of that Act) has a reasonable prospect of success.

 

Date:                             

 

(Signed, applicant’s lawyer)

*Delete if the applicant is not represented by a lawyer

NOTICE TO THE RESPONDENT

TO the respondent of (address):

This application has been set down for the time and place stated below. If you or a legal practitioner representing you do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)     the application may be heard;

(b)     directions may be given for the further conduct of the proceeding;

(c)     any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

Date:

(signed, Registrar)

The applicant’s address for service is (specify address for service).

Note   Section 479 of the Migration Act 1958 provides that the parties to a review of a migration decision resulting from an application referred to in section 477A of that Act are the Minister, or where appropriate the Secretary, and:

(a)   if the privative clause decision concerned was reviewable under Part 5 or 7 or section 500 of that Act and a decision on such a review has been made — the applicant in the review by the relevant Tribunal; or

(b)   in any other case — the person who is the subject of the decision; or

(c)   in any case — a person prescribed by the regulations.

 

Version 3

Form 56B   Certificate under section 486I of the Migration Act 1958

(Order 4, rule 1A, Order 52, rule 12A, Order 53, rule 2A and Order 54B, subrule 2 (1A))

CERTIFICATE UNDER SECTION 486I MIGRATION ACT 1958

For the purposes of section 486I of the Migration Act 1958, I (name of lawyer) certify that there are reasonable grounds for believing that this migration litigation (within the meaning of section 486K of that Act) has a reasonable prospect of success.

Date:

(signed, applicant’s lawyer)

Version 1

Form 57      Notice of objection to competency

(Order 54, rule 4 and Order 54B, rule 3)

 

To the applicant:

 

The Respondent objects to competency of this application for an order under:

·         the Administrative Decisions (Judicial Review) Act 1977;* or

·         the Judiciary Act 1903 (in relation to a decision under the Migration Act 1958)*

 

on the grounds that:

 

1.                     (set out concisely the whole grounds of the objection)

2.

etc

                                    (conclude in accordance with Form 4)

 

Omit if inapplicable

 

Version 3

Form 58A   Notice of appeal

(Order 58, rule 4)

 

On appeal from the (title or office of the person who made the decision)

BETWEEN:                                      A.B.

Applicant

and

C.D.

Respondent

NOTICE OF APPEAL

1.  TAKE NOTICE that the applicant appeals from the decision of (specify title or office of the person who made the decision) given on (specify date) at (specify place) whereby it was decided (specify decision appealed from).

2.  ORDERS SOUGHT: (state the orders or relief sought by the applicant).

3.  GROUNDS: (specify grounds relied upon in support of the orders sought).

Date: e.g. 7 May 19

                                                                        

(Signed, applicant or solicitor).

To The Respondent:  (address)

TAKE NOTICE:

A directions hearing in this appeal will be heard by the Court at the time and place specified below. If there is no attendance before the Court by you or a legal practitioner representing you, directions may be given and orders made in your absence.

Before taking any step in the proceeding or attending at the directions hearing you must file an appearance in the Registry.

Time:   (Date and time to be entered by Registry unless fixed by Court)

Place:   (Address of Court)

(Where the time for service has been abridged, add —

The time by which this notice of appeal, with its notice of the directions hearing, is to be served has been abridged by the Court to (specify time)).

Date: e.g. 7 May 19 

                                                          

(Signed: REGISTRAR)

The applicant’s address for service is (specify address for service).

Version 2

Form 59      Application

(Order 65, rule 2)

BETWEEN:     A.B.

Applicant

AND:     C.D.

Respondent

APPLICATION

On the grounds appearing in the accompanying affidavit the applicant claims: —

1.  A declaration as to the persons entitled to the proceeds of the policies listed in the Schedule hereto.

2.  Etc.

SCHEDULE

(List policies)

DATED: ( e.g. 7 May, 19    )

                                                        

(Signed, applicant or its solicitor)

To the respondent: (name and address)

A directions hearing in this application will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you, the application may be dealt with and judgment may be given or an order made in your absence. Before any attendance at that time you must file an appearance in the Registry.

Time:   (Date and time to be entered by Registry unless fixed by Court)

Place:   (address of Court)

Date:    (e.g. 7 May 19   )

                                                        

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

Version 2

Form 61      Application for determination of compensation under Lands Acquisition Act 1989

(Order 67, rule 2)

BETWEEN:     A.B.

Applicant

AND:              C.D.

Respondent

APPLICATION FOR DETERMINATION OF COMPENSATION

The application seeks determination pursuant to (insert s. 82 or s. 108) of the Lands Acquisition Act 1989 of the amount of compensation payable to the applicant in respect of (insert ‘the acquisition of an interest in the land’ or ‘the exercise of the powers under Part III of the Act’) described in the Schedule hereto.

SCHEDULE

(Insert either:

(a)     full particulars of land and interest therein, or

(b)     details of the powers exercised under Part III of the Act and the land in relation to which those powers were exercised.)

DATED:          (e.g. 7 May 19    )

                                                                 

(Signed, applicant or applicant’s solicitor)

To the respondent: (Name and address)

A directions hearing in this application will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry.

APPOINTMENT FOR DIRECTIONS HEARING

Time:  (Date and time to be entered by Registry unless fixed by Court).

Place:  (Address of Court)

(Where the time for service has been abridged, add—

The time by which this application is to be served has been abridged by the Court to (specify time).)

Date: (e.g. 7 May 19      )

                                     

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

Version 2

Form 62      Application for approval under Lands Acquisition Act 1989

(Order 67, rule 3)

BETWEEN:       A.B.

         Applicant

AND:       C.D.

         Respondent

APPLICATION FOR APPROVAL

On the grounds appearing in the accompanying affidavit the applicant seeks the approval of the Court to:

1.    (Insert details of approval sought pursuant to s. 116 of the Lands Acquisition Act 1989).

2.    Etc.

DATED: (e.g. 7 May 19        )

                                                                      

(Signed, applicant or applicant’s solicitor)

To the respondent: (Name and address)

A directions hearing in this application will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry.

APPOINTMENT FOR DIRECTIONS HEARING

Time:   (Date and time to be entered by Registry unless fixed by Court).

Place:  (Address of Court)

(Where the time for service has been abridged, add

The time by which this application is to be served has been abridged by the Court to (specify time).)

Date: (e.g. 7 May 19  )

                                          

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

Version 2

Form 63      Application to extend time fixed by Lands Acquisition Act 1989

(Order 67, rule 4)

BETWEEN:          A.B.

Applicant

AND:          C.D.

Respondent

APPLICATION TO EXTEND TIME

1.  The applicant applies for an extension of the time fixed by s. (insert relevant section) of the Lands Acquisition Act 1989 for (specify the doing of an act to which the time limit applies.)

2.  This application will be heard by the Court at                                        

     on (place and date to be inserted by the Registrar).

3.  The grounds of the application appear in the annexed affidavit.

Date: (e.g. 7 May 19     )

                                          

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

Version 1

Form 64      Application for determination of equitable remuneration under Circuit Layouts Act 1989 (subsection 20 (2))

(Order 58, rule 24)

                                                    BETWEEN:             A.B.

                                                                                            Applicant

                                                              AND:             C.D.

                                                                                            Respondent

APPLICATION FOR DETERMINATION OF EQUITABLE REMUNERATION

The applicant seeks determination of the equitable remuneration payable to the applicant as owner/exclusive licensee of the E.L. rights in the eligible layout described in the Schedule hereto.

SCHEDULE

(Insert sufficient particulars to identify the eligible layout in respect of which E.L. rights are claimed.)

DATED: (e.g. 7 May 19       )

                                                                      

(Signed, applicant or applicant’s solicitor)

To the respondent: (Name and address)

A directions hearing in this application will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry.

APPOINTMENT FOR DIRECTIONS HEARING

Time:  (Date and time to be entered by Registry unless fixed by Court)

Place:       (Address of Court)

(Where the time for service has been abridged, add               

The time by which this application is to be served has been abridged by the Court to (specify time).)

Date:  (e.g. 7 May 19    )

                                          

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

Version 2

Form 65      Application for determination of the terms for the doing of an act in relation to an eligible layout under subsection 25 (4) of the Circuit Layouts Act 1989

(Order 58, rule 25)

                                                    BETWEEN:     A.B.

                                                                                            Applicant

                                                    AND:              C.D.

                                                                                            Respondent

APPLICATION FOR DETERMINATION OF THE TERMS FOR DOING OF AN ACT IN RELATION TO ELIGIBLE LAYOUT

The applicant seeks determination of the terms for the doing of an act by the Commonwealth/applicant in relation to the eligible layout described in the Schedule hereto.

SCHEDULE

(Insert sufficient particulars to identify the eligible layout in respect of which E.L. rights are claimed.)

DATED:  (e.g. 7 May 19      )

                                                                      

(Signed, applicant or applicants’s solicitor)

To the respondent:                               (Name and address)

A directions hearing in this application will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or a legal practitioner representing you at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry.

APPOINTMENT FOR DIRECTIONS HEARING

Time:  (Date and time to be entered by Registry unless fixed by Court)

Place:  (Address of Court)

(Where the time for service has been abridged, add

The time by which this application is to be served has been abridged by the Court to (specify time).)

Date:  (e.g. 7 May 19    )

                                                                      …………………………….

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

Version 2

Form 69A   Subpoena (incorporating Notice to Witness)

(Order 69A, subrule 5 (5))

 

NOTICE TO WITNESS