Contents
Numerical
Table of Forms 8
Schedule 1 Forms 14
Form 1 Head of document 14
Form 2 Abbreviated entitling of document 15
Form 3 Document where there is no respondent 15
Form 4 Conclusion of document for signature 15
Form 5 Application 16
Form 5A Claim of unlawful termination of employment 18
Form 6 Rule to show cause 21
Form 7 Statement of claim 22
Form 8 Cross-claim where cross-claim is served before date of
directions hearing appointed in application 23
Form 9 Cross-claim where cross-claim is not served before
date of directions hearing appointed in application 25
Form 10 Defence and cross-claim against a party 27
Form 11 Notice for pleadings 28
Form 12 Notice of service to document exchange, facsimile
number or email address 28
Form 14A Request to Court for substituted* service in
non-convention country 29
Form 14B Request for transmission of notice to a foreign
government 30
Form 14C Order permitting request for substituted service in
non-convention country 30
Form 15 Notice of appearance 31
Form 15B Certificate of legal practitioner 32
Form 16 Defence 32
Form 17 Reply 33
Form 18 Reply and defence to cross-claim 33
Form 19 Notice of amendments 33
Form 20 Affidavit 34
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 36
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 50
Form 44A Notice of date for trial 51
Form 45 Notice to produce 51
Form 46 Order 52
Form 46A Order 52
Form 46B Order 52
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 55
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 64
Form 53 Notice of a constitutional matter under section 78B of
the Judiciary Act 1903 65
Form 53A Notice of proceeding 66
Form 53B Notice of directions hearing (petition) 67
Form 53C Notice of date for trial (petition) 68
Form 54 Application for leave to appeal 69
Form 54A Application for leave to file and serve out of time 70
Form 55 Notice of appeal 71
Form 55A Notice of appeal 73
Form 55B Application for extension of time to file and serve
notice of appeal from Tribunal 75
Form 55C Notice of referral 76
Form 55CA Notice of address for service 77
Form 55CB Notice of hearing 78
Form 55D Application 79
Form 55DA Application 80
Form 55E Notice of setting down for hearing 81
Form 56 Application for an Order of review 82
Form 56A Application under Judiciary
Act 1903 (in relation to certain privative clause decisions under the Migration Act 1958) 84
Form 57 Notice of objection to competency 86
Form 58A Notice of appeal 87
Form 59 Application 89
Form 61 Application for determination of compensation under Lands Acquisition Act 1989 90
Form 62 Application for approval under Lands Acquisition Act 1989 92
Form 63 Application to extend time fixed by Lands Acquisition Act 1989 94
Form 64 Application for determination of equitable
remuneration under Circuit Layouts
Act 1989 (subsection 20 (2)) 95
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 97
Form 66 Subpoena for production 99
Form 66A Subpoena for production 101
Form 67 Statement of rights of person named in subpoena 103
Form 68 Subpoena to give evidence 105
Form 68A Subpoena to give evidence 106
Form 69 Subpoena for production and to give evidence 108
Form 69A Subpoena for production and to give evidence 110
Form 70 Certificate of non-compliance with subpoena 112
Form 70A Certificate of non-compliance with subpoena 113
Form 71 Request for issue of warrant for arrest of person in
contravention of Court order 114
Form 71A Request for punishment of person contravening order 114
Form 72 Request for an order for costs occasioned by a
contravention of a Court order 115
Form 72A Objection to determination without hearing 115
Form 72B Request for hearing by video link or telephone 115
Form 73 116
Form 74 118
Form 129 Application under Part IVA of the Federal Court of Australia Act 1976 119
Form 130 Notice of consent to be a group member 121
Form 131 Notice of opting out by group member 121
Form 132 Application for registration of judgment under the Foreign Judgments Act 1991 122
Form 133 Order for registration of money judgment 123
Form 134 Order for registration of non-money judgment 124
Form 135 Notice of registration of money judgment 125
Form 136 Notice of registration of non-money judgment 125
Form 138 Summons to appear before assessor 126
Form 141 Notice of appeal from National Native Title Tribunal 127
Form 144 Notice of intention to adduce evidence of previous
representation 129
Form 145 Notice of objection to tender of hearsay evidence if
maker of representation available 131
Form 146 Notice of intention to adduce tendency evidence 132
Form 147 Notice of intention to adduce coincidence evidence 133
Form 148 Head of document 134
Form 149 Notice of intention to oppose application or petition 134
Form 150 Creditor’s petition 135
Form 151 Summons to attend examination 138
Form 152 Sequestration order 139
Form 153 Referral of debtor’s petition to the Court 140
Form 154 Application to Registrar for issue of summons under
section 81 of the Bankruptcy Act 1966 141
Form 155 Notice of annulment application 142
Form 156 Notice of hearing 142
Form 157 Creditor’s petition under section 244 of the Bankruptcy Act 1966 for the
administration of a deceased person’s estate 143
Form 158 Petition under section 247 of the Bankruptcy Act 1966 by person administering estate of a deceased
person 145
Form 159 Warrant for the arrest of a bankrupt 146
Form 160 Warrant for apprehension of person under section 264B
of the Bankruptcy Act 1966 147
Form 161 Referral certificate 148
Form 162 Notice by party other than applicant that the party
wishes to cease to be a party 149
Form 163 Notice of change in address for service or contact
details 150
Form 164 Notice of appointment of society, organisation,
association or other body to act as agent for party 151
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 153
Form 166 Application for leave to be represented by a person
who is not a barrister or solicitor 155
Form 167 Claim under the Human
Rights and Equal Opportunity Commission Act 1986 alleging unlawful
discrimination 157
Form 168 Defence to application under the Human Rights and Equal Opportunity Commission Act 1986 alleging
unlawful discrimination 162
Form 169 Notice of proceeding 165
Schedule 2 Scale of costs for work done and services performed 166
Schedule 3 Powers and functions of the Court that may be
exercised by a Registrar if the Court or a Judge directs (Bankruptcy Act) 176
Schedule 4 Powers and functions of the Court that may be
exercised by a Registrar if the Court or a Judge directs (Native Title Act) 178
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))
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Federal Court of Australia
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Court use only
file
number
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Claim of unlawful termination of employment
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date
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received
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Workplace Relations Act 1996 (Cth) section 170CP
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application
by the employee alone q union q - give name of union:
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Details of employee
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1
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full name
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Mr q
Mrs q Ms q
Family name given names
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2
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home
address
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