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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