Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.13

Applications for registration

             (1)  If a proceeding has been referred to arbitration under rule 28.02 and an award has been made, a party to the arbitration may apply to the Court for an order that the arbitrator's award be registered.

             (2)  The application must be made by interlocutory application in the proceeding in which the order was made referring the proceeding to arbitration.

             (3)  The application must be accompanied by:

                     (a)  a copy of the award; and

                     (b)  an affidavit stating:

                              (i)  the extent to which the award has not been complied with, at the date the application is made; and

                             (ii)  the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.

             (4)  If an order is made under subrule (1), the award:

                     (a)  has the force and effect of an order of the Court; and

                     (b)  accrues interest calculated in accordance with rule 39.06.

             (5)  The application may be made without notice.

Note:          Without notice is defined in the Dictionary.



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