Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.14

Applications for order in terms of an award

             (1)  A party may apply to the Court for an order in the terms of the award if:

                     (a)  the matter has not been referred to the arbitrator by the Court; but

                     (b)  the matter is a matter in which the Court has original jurisdiction.

             (2)  A party who wants to make an application under subrule (1) must file an originating application, in accordance with Form 50.

             (3)  The application must be accompanied by:

                     (a)  a copy of the arbitration agreement; and

                     (b)  a copy of the award; and

                     (c)  an affidavit stating:

                              (i)  the material facts demonstrating why the Court has original jurisdiction in the matter that is the subject of the award; and

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

                            (iii)  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)  The application may be made without notice.

Note:          Without notice is defined in the Dictionary.

Rules 28.15-28.20 left blank



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