Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 8.05

Application to be accompanied by statement of claim or affidavit

             (1)  An originating application must be accompanied by:

                     (a)  if the applicant seeks relief that includes damages--a statement of claim, in accordance with Form 17; or

                     (b)  if paragraph (a) does not apply--a statement of claim or an affidavit.

Note 1:       When an originating application and a statement of claim or accompanying affidavit is filed, the Registrar will fix a return date and place for hearing and endorse those details on the application.

Note 2:       If the Court has made an order shortening the time for service of the application, the Registrar will endorse details of the order on the application.

Note 3:       In some cases in Chapter 3, the rules prescribe the documents that must accompany an originating application.

             (2)  An affidavit mentioned in paragraph (1)(b) must state the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against t he respondent at trial.

Note:          Division 16.1 provides for the content of a statement of claim.



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