Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 7.01

Order before start of proceeding

             (1)  If a matter is urgent, a person who intends to start a proceeding (a prospective applicant ) may apply to the Court, without notice, as if the prospective applicant had started the proceeding and the application had been made in the proceeding, for an order:

                     (a)  granting an injunction; or

                     (b)  if the matter relates to property:

                              (i)  for the detention, custody, preservation or inspection of the property; and

                             (ii)  to authorise any person to enter any land, or do any other act or thing, for the purpose of giving effect to the order; or

                     (c)  if the matter relates to the right of a prospective applicant to an amount in a fund--that the amount in the fund be paid into Court or otherwise secured; or

                     (d)  appointing a receiver with the power of a receiver and manager.

             (2)  An application mentioned in subrule (1) must be in accordance with Form 12 and accompanied by an affidavit stating the facts on which the prospective applicant relies.

             (3)  A prospective applicant seeking an order under this rule must give an undertaking to the Court to start a proceeding in relation to the subject matter of the application within 14 days after the application has been determined.

Note:          Without notice is defined in the Dictionary.

Rules 7.02-7.10 left blank



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