Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 8.05

Accompanying document for originating application

             (1)  An originating application seeking relief that includes damages must be accompanied by:

                     (a)  unless paragraph (b) or (c) applies--a statement of claim; or

                     (b)  if a practice note issued by the Chief Justice requires the originating application to be accompanied by an alternative accompanying document--the alternative accompanying document; or

                     (c)  if a practice note issued by the Chief Justice permits the originating application to be accompanied by an alternative accompanying document--the alternative accompanying document or a statement of claim.

             (2)  An originating application seeking relief that does not include damages must be accompanied by:

                     (a)  unless paragraph (b) or (c) applies--a statement of claim or an affidavit; or

                     (b)  if a practice note issued by the Chief Justice requires the originating application to be accompanied by an alternative accompanying document--the alternative accompanying document; or

                     (c)  if a practice note issued by the Chief Justice permits the originating application to be accompanied by an alternative accompanying document--the alternative accompanying document, a statement of claim or an affidavit.

Note 1:       A practice note issued by the Chief Justice may require or permit an alternative accompanying document to accompany an originating application by:

(a)    expressly requiring or permitting the alternative accompanying document to accompany the originating application; or

(b)    referring to another document that requires or permits the alternative accompanying document to accompany the originating application.

Note 2:       When an originating application and accompanying document are filed, a Registrar will fix a return date and place for hearing and endorse those details on the application.

Note 3:       If the Court has made an order shortening the time for service of the application, a Registrar will endorse details of the order on the application.

             (3)   A statement of claim mentioned in this rule must be in accordance with Form 17.

             (4)   An affidavit mentioned in subrule (2) 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 the respondent at trial.

Note 1:       For the content of a statement of claim, see Division 16.1.

Note 2:       For the content of an alternative accompanying document, see rule 16.13.

             (5)   This rule has effect subject to any other rule of the Court.

Note 1:       For some special classes of proceedings, requirements for the documents that must accompany an originating application are found in Chapter 3.

Note 2:       This rule does not apply to initiating process in proceedings under the Admiralty Act 1988 --see the Admiralty Rules 1988 .



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