Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.47

Application under section 23A of International Arbitration Act

  (1)   A party to an arbitral proceeding who wants an order under section   23A(3) of the International Arbitration Act must file:

  (a)   if a proceeding has not been started in relation to the arbitral proceeding--an originating application, in accordance with Form 56; or

  (b)   if a proceeding has been started in relation to the arbitral proceeding--an interlocutory application in that proceeding.

  (2)   An application under subrule (1) must be accompanied by an affidavit stating the following:

  (a)   the person against whom the order is sought;

  (b)   the order sought;

  (c)   the ground under section   23A(1) relied on;

  (d)   the terms of the permission given by the arbitral tribunal for the application;

  (e)   the material facts relied on for the making of the order.


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