Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 8.01

Starting proceeding--application

             (1)  A person who wants to start a proceeding in the Court's original jurisdiction must file an originating application, in accordance with Form 15.

             (2)  An originating application must include:

                     (a)  the applicant's name and address; and

                     (b)  the applicant's address for service; and

                     (c)  if an applicant sues in a representative capacity--a statement of that fact.

Note:          The originating application must have the applicant's address for service--see rule 11.01.

             (3)  If an originating application states that the applicant is represented by a lawyer:

                     (a)  the lawyer must, if requested in writing by a respondent, declare in writing whether the lawyer filed the originating application; and

                     (b)  if the lawyer declares in writing that the lawyer did not file the originating application, the respondent may apply to the Court to stay the proceeding.

Note:          File is defined in the Dictionary as meaning file and serve.



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