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 ‘conditionally’ after ‘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