Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 5.03

Evidence

             (1)  Unless the Court otherwise orders, the applicant must establish by affidavit or, with the leave of the Court, orally:

                     (a)  whether there are previous proceedings between the parties and, if so, the nature of the proceedings; and

                     (b)  whether there are any current proceedings in any court in which the applicant or the respondent are parties; and

                     (c)  the particulars of any orders currently in force between the parties, including the courts in which they were made; and

                     (d)  the steps that have been taken to tell the respondent or the respondent's legal representative of the applicant's intention to make the application or the reasons why no steps were taken; and

                     (e)  the nature and immediacy of the damage or harm which may result if the order is not made; and

                      (f)  why the making of the order is a matter of urgency and why an abridgement of the time for service of the application and the fixing of an early hearing date would not be more appropriate; and

                     (g)  if the application relates to a financial matter, the capacity of the applicant to give an undertaking as to damages; and

                     (h)  the other facts, matters and circumstances relied on by the applicant in support of the application.

             (2)  Paragraph (1)(d) does not apply to an application for an interim injunction under section 46PP of the Human Rights Act.



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