Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.48

Application under section 23F or 23G of International Arbitration Act

             (1)  A party to an arbitral proceeding who wants an order under section 23F or 23G 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 57;

                     (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 material facts relied on for the making of the order;

                     (d)  either:

                              (i)  if the application is made under section 23F--the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made; or

                             (ii)  if the application is made under section 23G:

                                        (A)  the date the arbitral tribunal's mandate was terminated; and

                                        (B)  the terms of the request made to the arbitral tribunal for disclosure of the confidential information and the date the request was made; and

                                        (C)  the terms of the arbitral tribunal's refusal to make the order and the date the refusal was made.



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