Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.06

Application for rule to show cause

  (1)   A person who wants to make application for a rule to show cause must file an originating application, in accordance with Form 82.

  (2)   The application must be accompanied by an affidavit stating the following:

  (a)   for an application made under section   163 of the Registered Organisations Act:

  (i)   the rule, or part of the rule, of the organisation that is alleged to contravene section   142 of the Registered Organisations Act;

  (ii)   the ground on which the rule, or part of the rule, is alleged to contravene the section;

  (iii)   the facts and other reasons relied on by the applicant in support of the application;

  (b)   for an application made under section   164 of the Registered Organisations Act:

  (i)   the nature of the order sought by the applicant;

  (ii)   each rule of the organisation the applicant seeks to have performed or observed by a person who is under an obligation to perform or observe the rule;

  (iii)   the ground relied on by the applicant to establish the obligation of the person to perform or observe the rule;

  (c)   for an application under section   164A of the Registered Organisations Act:

  (i)   the nature of the order sought by the applicant;

  (ii)   each rule of the organisation the breach of which the application seeks to rectify;

  (iii)   the facts and other reasons relied on by the applicant in support of the application;

  (d)   for an application under section   167 of the Registered Organisations Act:

  (i)   the nature of the order sought by the applicant;

  (ii)   each rule of the organisation on which the application is based;

  (iii)   the facts and other reasons relied on by the applicant in support of the application.

  (3)   An application for a rule to show cause may be made to the Court without notice.

Note:   Without notice is defined in the Dictionary.


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