Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 34.07

  (1)   A person who wants to make an application under section   69(1) of the Registered Organisations Act for an inquiry into an alleged irregularity in relation to a ballot conducted under Part   2 of Chapter   3 of the Registered Organisations Act must file:

  (a)   an originating application, in accordance with Form 83; and

  (b)   an affidavit stating, briefly but specifically, the nature of the applicant's claim and the material facts on which the claim is based.

  (2)   A person who wants to make an application under section   94 of the Registered Organisations Act for a ballot to be held to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation must file:

  (a)   an originating application, in accordance with Form 2 of the Registered Organisations Regulations; and

  (b)   an affidavit stating, briefly but specifically, the nature of the applicant's claim and the material facts on which the claim is based.

Note:   Under regulation   82 of the Registered Organisations Regulations, an application mentioned in subrule (2) must be in accordance with Form 2 of those Regulations.

  (3)   A person who wants to make an application under section   108(1) of the Registered Organisations Act for an inquiry into an alleged irregularity in relation to a ballot held under Part   3 of Chapter   3 of the Registered Organisations Act must file:

  (a)   an originating application, in accordance with Form 84; and

  (b)   an affidavit stating, briefly but specifically, the nature of the applicant's claim and the material facts on which the claim is based.

  (4)   A person who wants to make an application under section   109(1) of the Registered Organisations Act for an order in relation to the withdrawal of a constituent part of an amalgamated organisation from the organisation must file:

  (a)   an originating application, in accordance with Form 4 of the Registered Organisations Regulations; and.

  (b)   an affidavit stating, briefly but specifically, the nature of the applicant's claim and the material facts on which the claim is based.

Note:   Under regulation   107 of the Registered Organisations Regulations, an application mentioned in subrule (4) must be in accordance with Form 4 of those Regulations.

  (5)   A person who wants to make an application under section   200 of the Registered Organisations Act for an inquiry in relation to an election conducted for an office in an organisation, or branch of an organisation, must file:

  (a)   an originating application, in accordance with Form 85; and

  (b)   an affidavit stating, briefly but specifically, the nature of the applicant's claim and the material facts on which the claim is based.

Note:   On the filing of an application, a Registrar will fix the return date and place for hearing and endorse those details on the application for service.