Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 28.48

  (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.