Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - SCHEDULE 1

FIRST SCHEDULE
(See Order 1, rule 7)
Form 1
HEAD OF DOCUMENT
(Order 41, rule 1) IN THE FEDERAL COURT OF AUSTRALIA
          DISTRICT  REGISTRY                     No.     of 19   .

DIVISION
A.B.
Applicant
C.D.
Respondent
C.D.
Cross-claimant
A.B. and
E.F. Cross-Respondents
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Form 2
ABBREVIATED ENTITLING OF DOCUMENT
(Order 41, sub-rule 1 (4)) IN THE FEDERAL COURT OF AUSTRALIA
          DISTRICT  REGISTRY                     No.     of 19   .

DIVISION
A.B. and Others
Applicants
C.D.
Respondent
and
cross-claimants
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Form 3
DOCUMENT WHERE THERE IS NO RESPONDENT
(Order 41, sub-rule 1 (3)) IN THE FEDERAL COURT OF AUSTRALIA
          DISTRICT  REGISTRY                     No.     of 19   .

DIVISION
The application of A.B.

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Form 4
CONCLUSION OF DOCUMENT FOR SIGNATURE
(Order 41, rule 6) Date: e.g. 7 May, 19 .

(Signed, applicant or his solicitor).

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Form 5
APPLICATION
(Order 4, rule 1) On the grounds appearing in the accompanying affidavit (or
statement of claim) the applicant claims (where appropriate) 1.

2.

etc.

AND . . .

And the applicant claims by way of interlocutory relief: 1. An order (or
declaration) that (etc.) 2.

etc.

Date: e.g. 7 May 19 .

(Signed, applicant or his solicitor).

To the respondent (address) A directions hearing in this application (and/or
for the applicant's claim for an interlocutory order) will be heard by the
Court at the time and place specified below. If there is no attendance before
the Court by you or by your counsel or solicitor, the application may be dealt
with and judgment may be given or an order made in your absence. Before any
attendance at that time you must file an appearance in the Registry.

Time: (Date and time to be entered by Registry unless fixed by Court).

Place: (Address of Court) (Where the time for service has been abridged, add-)
The time by which this application is to be served has been abridged by the
Court to (specify time).

Date: e.g. 7 May, 19 .

(Signed, Registrar) The applicant's address for service is (specify address
for service).

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Form 6
RULE TO SHOW CAUSE
(Order 4, sub-rule 15 (2)) IN THE FEDERAL COURT OF AUSTRALIA
            DISTRICT  REGISTRY                 No.   of 19  .

DIVISION
IN THE MATTER of the
Conciliation and Arbitration
Act 1904
BETWEEN: Applicant
AND: Respondent It is hereby ordered that (name of respondent) appear before
the Federal
Court of Australia at       in the State of       on the     day of    , 19 ,
at
   o'clock in the   noon, to show cause why (state nature of relief required

), upon the grounds set forth in the affidavit of       sworn the     day of

, 19 , and filed herein.

Date: e.g. 7 May, 19 .

By the Court, Judge.

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Form 7
STATEMENT OF CLAIM
(Order 4, rule 6, Order 11) 1. 2. Plead as required by the Rules.

The applicant claims the relief specified in the application.

(Particulars under Order 12 may be given as follows, for example:
PARTICULARS OF FRAUD (Or Other Appropriate Heading) 1. 2. State the relevant
particulars.

(These particulars may appear in the relevant place in the statement of facts
or separately at the end of the pleading, whichever is convenient.)
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Form 8 CROSS-CLAIM WHERE CROSS-CLAIM IS SERVED BEFORE DATE OF DIRECTIONS
HEARING APPOINTED IN APPLICATION
(Order 5, rules 5 and 8 and sub-rule 11 (6)) IN THE FEDERAL COURT OF AUSTRALIA
            DISTRICT  REGISTRY                 No.   of 19  .

DIVISION
A.
B.
Applicant
C.
D.
Respondent
C.
D.
Cross-claimant
E.
F.
Cross-respondent
CROSS-CLAIM 1. 2. (Plead as required by the Rules) The cross-claimant C.D.
claims- 1. 2. (Specify relief sought) (Particulars under Order 12 may be given
in the manner indicated in the prescribed form of Statement of Claim under
Form 7.) Date: e.g. 7 May 19 .

(Signed, applicant or his solicitor) To E.F. (address) A directions hearing in
this application including this cross-claim will be heard by the Court at the
time and place specified below.

If there is no attendance before the Court by you or by your counsel or
solicitor, the cross-claim may be dealt with and judgment may be given or an
order made in your absence. Before any attendance at that time you must file
an appearance in the Registry.

Time: (Date and time to be entered by Registry unless fixed by Court).

Place: (Address of Court).

(Where the time for service has been abridged, add-
The time by which this cross-claim is to be served has been abridged by the
Court to (specify time).) Date: e.g. 7 May, 19 .

(Signed, Registrar) The cross-claimant's address for service is (specify
address for service).

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Form 9 CROSS-CLAIM WHERE CROSS-CLAIM IS NOT SERVED BEFORE DATE OF DIRECTIONS
HEARING APPOINTED IN APPLICATION
(Order 5, rules 5 and 8 and sub-rule 11 (6)) IN THE FEDERAL COURT OF AUSTRALIA
            DISTRICT  REGISTRY                 No.   of  19  .

DIVISION
A.B.
Applicant
C.D.
Respondent
C.D. Cross-claimant
E.F. Cross-respondent
CROSS-CLAIM 1. 2. (Plead as required by the Rules) The cross-claimant C.D.
claims- 1. 2. (Specify relief sought) (Particulars under Part II may be given
in the manner indicated in the prescribed form of statement of Claim under
Form 7.) Date: e.g. 7 May, 19 . .................................
(Signed, cross-claimant or his solicitor) To E.F. (address) 1. Judgment may be
given or an order made unless the prescribed form of notice of your appearance
is received in the Registry within 14 days after service of this statement of
cross-claim upon you and you comply with the Rules of Court relating to your
defence.

Date: e.g. 7 May, 19 . .........................
(Signed, Registrar) The cross-claimant's address for service is (specify
address for service).

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Form 10
DEFENCE AND CROSS-CLAIM AGAINST A PARTY
(Order 5, sub-rules 5 (2) and (3)) IN THE FEDERAL COURT OF AUSTRALIA
            DISTRICT  REGISTRY                 No.   of 19  .

DIVISION
A.B.
Applicant
C.D.
Respondent
C.D. Cross-claimant
A.B. Cross-respondent
DEFENCE AND CROSS-CLAIM
Defence 1. 2. (Plead as required by the Rules)
Cross-Claim 1. 2. (Plead as required by the Rules) The cross-claimant C.D.
claims- 1. 2. (Specify the relief claimed) (Particulars as in Form 8) (Follow
the prescribed form of conclusion of documents for use by a party, Form 4.)
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Form 11
NOTICE FOR PLEADINGS
(Order 5, rule 6) To: (name of cross-claimant):
(name of cross-respondent) requires you to serve upon him, within 3 days after
service of this notice upon you, copies of all pleadings (or as the case may
require) filed before the filing of your Cross-claim.

(Follow the prescribed form of conclusion of documents for use by a party,
Form 4)
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Form 12
NOTICE OF SERVICE AT DOCUMENT EXCHANGE
(Order 7, rule 7) The (applicant) may be served at the following exchange box
in (insert name of capital city) of (insert name of document exchange ).

(Name of solicitor whose exchange box it is) (Exchange box number)
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Form 13
REQUEST FOR SPECIAL SERVICE
(Order 8, sub-paragraph 7 (a) (v)) It is requested that the sealed copy of
(description of document) be served on (name) whose address is in (country) by
(describe special manner).

(Follow the prescribed form of conclusion of documents for use by a party,
Form 4 and, after the translation add the certificate).

I (name), of (address), certify-
1. that what appears above is a translation of the document annexed and marked
"A".

2. that my qualifications to translate from the English language to the (name)
language are (state qualifications).

Date: e.g. 7 May, 19 .

(Signed) (The annexure must bear a note in the same language-"This is the
annexure marked "A" referred to in my certificate dated e.g. 7 May, 19 ").

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Form 14
REQUEST FOR SERVICE
(Order 8, rule 9) To the Registrar of the Court: I (name) request that a
sealed copy of (description of document) be transmitted to (country) for
service on (name), of
(address) pursuant to the Convention made between       and       and I
undertake to pay to you an amount equal to the sum of all expenses incurred in
consequence of this request.

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Form 15
NOTICE OF APPEARANCE
(Order 9, rule 4) A.B. of (address) (occupation) appears.

If a person under disability; his tutor is C.D.

(Where a respondent wishes to make a request under Order 9), sub-rule 5 (3)
add: The Registrar is requested to deal with the copy (copies) of this Notice
under Order 9, sub-rule 5 (3).

(Add other notices, for example, under Order 5, rule 6, relating to notice for
pleadings.) Solicitor: (name)

   (address)
telephone: (number) Solicitor's agent: (name)

   (address)
telephone: (number) Address for service: (The office of his solicitor, or as
the case may be; see Order 7, rule 6.) (Follow the prescribed form of
conclusion of documents for use by a party, Form 4.) (This notice of
appearance may be added to a notice of motion of a person applying to be added
as a respondent, for example, under Order 7, sub-rule 8 (1).) (Where, under
Order 9, rule 6, a respondent wishes to enter a conditional appearance insert
"conditionally" after "appears".)
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Form 16
DEFENCE
(Order 11, rule 20)
(Plead as required by the Rules, for example- 1. The respondent denies &c.)
(or)
(where one of two or more respondents)
DEFENCE OF A.B.

1. This respondent denies &c.) (Follow the prescribed form of conclusion of
documents for use by a party, Form 4.)
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Form 17
REPLY
(Order 11, rule 22) (Plead as required by the Rules and see Order 11 relating
to joinder of issue.)
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Form 18
REPLY AND DEFENCE TO CROSS-CLAIM
(Order 11, sub-rule 22 (2))
REPLY
(plead as required by the Rules.)
DEFENCE TO CROSS-CLAIM
(plead as required by the Rules.)
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Form 19
NOTICE OF AMENDMENTS
(Order 13, rule 8)
The (describe document) was amended on e.g. 7 May, 19 , pursuant to
an order made on      , 19   (pursuant to Order  rule  ) by-

omitting "...........................................................
."
(omitting "...........................................................
." and inserting "...........................................................
.")
(inserting "...........................................................
.").

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Form 20
AFFIDAVIT
(Order 14, rule 2) On e.g. 7 May, 19 , I (name address and occupation) say on
oath-
1.
2.

Sworn at before me:
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Form 21
NOTICE FOR DISCOVERY
(Order 15, rule 1) To the respondent:
The applicant requires you to give discovery of documents with verification
within     days after service of this notice upon you.


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Form 22
LIST OF DOCUMENTS
(Order 15, rule 6) Pursuant to notice filed (or order made) on e.g. 7 May, 19
, the party says: 1. The party has in his possession, custody or power, the
documents enumerated in Schedule 1.

2. The document enumerated in Part 2 of Schedule 1 are privileged from
production on the ground-

   (a)  as to documents numbered 4 to 7 inclusive, that (state the ground);

   (b)  as to documents 8 and 9, that (state the ground).

3. The party has had, but does not now have, in his possession, custody or
power, the document enumerated in Schedule 2.

4. (a) document 10, referred to in Schedule 2 was last in the respondent's
possession, custody or power on (state when);

   (b)  (state what has become of it); or

   (c)  to the best of the respondent's knowledge, information and belief
        (state in whose possession, custody or power it is and where it is).

5. To the best of the respondent's knowledge, information and belief neither
the respondent nor his solicitor nor any other person on his behalf has now,
or ever had, in his possession, custody or power, any document relating to any
matter in question between the applicant and the respondent (to be altered
according to the terms of any order made under Order 15, rule 5), other than
the documents enumerated in the said Schedule 1 and 2.

(Describe each document in the schedules as original or copy, see Order
18, rule 3.)
SCHEDULE 1
Part 1 1. 2. 3.
Part 2 4. 5. 6. 7. 8. 9.

SCHEDULE 2 10.
(Follow the prescribed form of conclusion of documents for use by a party,
Form 4.)
AFFIDAVIT
  On             , 19  , I,     (name)    say on oath:-

1. I am the respondent.

2. The statements of fact made in paragraphs 1, 2, 3, 4 and 5 of the above
list are true.

Sworn etc.

I certify that, according to my instructions, this list and the statements in
it are correct.

The documents enumerated in Part 1 of Schedule 1 may be inspected at
(address) on         , 19   between (specify time under Order
15, rule 6).

Respondent's solicitor
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Form 23
NOTICE TO ANSWER INTERROGATORIES
(Order 16, rule 1)
  Within     days after service of this notice upon each of them
respectively, CD is required to answer interrogatories numbered 1 to 8 (and
verify his answers) and EF is required to answer interrogatories numbered 1 to
12 (and verify his answers).

INTERROGATORIES 1. (State the question.) 2. (State the question.)
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Form 24
EXAMPLE OF VERIFIED STATEMENT IN ANSWER TO INTERROGATORIES
(Order 16, rules 6 and 7)
The respondent EF Pty Ltd answers the applicant's interrogatories specified in
notice filed on e.g. 7 May, 19 , as follows:
1A. (State in full the interrogatory.)
1B. (State the answer.)
2A. (State in full the interrogatory.)
2B. (a) The respondent objects to answer on the grounds of privilege;

   (b)  (State the facts on which this objection is based.)
(Follow the prescribed form of conclusion of documents for use by a party,
Form 4.)
AFFIDAVIT
  On        , 19  ,  I        (name), of        (address)
(occupation) say on oath:
1. I am the secretary of the respondent and am authorised to make this
affidavit on its behalf.

2. (The deponent should state which of the answers are true to his own
knowledge and which are true to the best of his knowledge, information and
belief based on his inquiries of officers of the company and others and on his
other investigations.)
Sworn &c.

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Form 25
NOTICE TO ADMIT FACTS (AND AUTHENTICITY OF DOCUMENTS)
(Order 18, rule 2) To the respondent:
The applicant requires you to admit for the purpose of these proceedings only-
1.
2. (state each fact)
The applicant requires you to admit for the purpose of these proceedings only
the authenticity of the following documents-
1.
2. (describe each document)
If you do not, within 14 days after service of this notice upon you, serve a
notice upon the applicant disputing any fact (and the authenticity of any
document) above specified, that fact (and the authenticity of that document)
shall, for the purpose of these proceedings, be admitted by you in favour of
the applicant.

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Form 26
NOTICE DISPUTING FACTS (AND AUTHENTICITY OF DOCUMENTS)
(Order 18, rule 2)
The respondent disputes the following facts specified in the applicant's
notice dated e.g. 7 May, 19 .

1.
2. (state each fact)
The respondent disputes the authenticity of the following documents which were
specified in the applicant's notice (or list of documents) dated e.g. 7 May,
19 .

1.
2. (describe each document)
The respondent admits-
1.
2. (state each fact or describe each document)
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Form 27
NOTICE OF MOTION
(Order 19, rule 2)
The applicant will at 10.15 a.m. on 7 May, 19 , at (address of Court) move the
Court for orders-
1.
  2.    (State concisely the nature of each order which is sought but not the

grounds of the application)
(Where the time for service under Order 19, rule 3 has been abridged, add-
The time before which this notice of motion is to be served has been abridged
by the Court to (specify time) ). (Follow the prescribed form of conclusion of
documents for use by a party Form 4.) To: (name each party affected by the
above order sought).

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Form 28
NOTICE OF WITHDRAWAL OF APPEARANCE
(Order 22, rule 1)
The respondent CD withdraws his appearance.

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Form 29
NOTICE OF DISCONTINUANCE
(Order 22, rule 2)
The applicant (by consent, if consent is required, or pursuant to the leave of
the Court granted on e.g. 7 May, 19 , if leave is obtained ) discontinues the
proceedings (in respect of claims numbers 1-3 of the application).

(Follow the prescribed form of conclusion of documents for use by a party,
Form 4. Where discontinuance is by consent, each party or his solicitor must
sign the notice.)
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Form 30
NOTICE OF WITHDRAWAL OF DEFENCE
(Order 22, rule 4)
The respondent CD (by consent if consent is required, or by the leave
of the Court        granted on e.g. 7 May, 19  , if leave is obtained),
withdraws his defence (in respect of paragraphs numbers 1-3 of his defence).
(conclude as in Form 29).

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Form 31
NOTICE OF DEPOSIT
(Order 23, rule 6)
The respondent has paid (filed a security to pay) into Court $
That sum is in answer to the cause of action (all the causes of action) on
which the applicant claims (and after taking into account this respondent's
cause of action (for (specify)) on his cross-claim).

or
That sum is in answer to the following causes of action on which the applicant
claims, namely- (and after taking into account as above).

or
  Of that sum $      is in answer to the cause of action for (specify)
on which the applicant claims (and after taking into account as above) and $
 is in answer to the cause of action for      (specify) on which the
applicant claims (and after taking into account as above).

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Form 32
NOTICE OF WITHDRAWAL OF DEPOSIT
(Order 23, rule 9)
Pursuant to leave granted by the Court on e.g. 7 May, 19 , the respondent
withdraws the deposit of $      brought into Court by him on e.g. 10 April,
19 .

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Form 33
NOTICE OF ACCEPTANCE
(Order 23, rule 10)
  The applicant accepts $      brought into Court by the respondent, CD, in
satisfaction of the causes of action in answer to which it was so brought in,
as against CD (and abandons all his other causes of action as against CD) (and
abandons those causes of action as against the respondents EF and GH).

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Form 34
NOTICE CONFIRMING DEPOSIT
(Order 23, rule 10)
The respondent confirms the notice dated e.g. 10 April, 19 , of deposit $
brought into Court before the beginning of the trial.

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Form 35
NOTICE WITHDRAWING ACCEPTANCE
(Order 23, rule 12)
(Pursuant to leave granted by the Court on e.g. 20 May, 19 ) the applicant
withdraws his acceptance of money brought into Court by the respondent (name
)         being the acceptance mentioned in the applicant's notice of
acceptance dated e.g. 7 May, 19 .

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Form 36
SECURITY TO PAY INTO COURT
(Order 23, rule 15)
(name of authorised person under rule 5) whose address for service is
    promises to the Registrar of the Court to pay $      into Court according
to the requirements of Order 23 of the Rules.

Signed or The Common Seal (and so on)
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Form 37
ORDER FOR EXAMINATION
(Order 24, paragraph 1 (a)) THE COURT ORDERS THAT:
1.    (name)    of    (address)    be examined on oath before (
name and address, or describe examiner).

(Complete as in general form of order under Order 36.)
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Form 38
ORDER APPOINTING EXAMINER
(Order 24, paragraph 1 (a)) THE COURT ORDERS THAT:
1. That    (name and address or description) be appointed examiner for

the purpose of taking the examination on oath of a witness    (name)

of    (address out of Australia)    in accordance with the Rules of this
Court (but without the power to compel a witness to attend if this is required
by a convention).

2. The party obtaining this order give to each other interested party 7 days'
notice in writing of the date on which he proposes to send this order to the
examiner.

3. Not less than 4 days after that notice has been given each party shall give
to the other the name of his agent at    (place)    to whom notices may
be sent.

(Complete as in general form of order under Order 37.)
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Form 39
ORDER
(Order 24, paragraph 1 (b)) THE COURT ORDERS THAT:
1. A letter of request be sent to the judicial authorities of       (country

)       to take or cause to be taken the evidence of (name)
(Complete as in general form of order under Order 37.)
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Form 40
DEED
(Order 26, rule 3)
PARTICULARS 1. Date: e.g. 7 May 19 .

2. Receiver: (name) (address for service) 3. Guarantor: (name) (address for
service) 4. Date of order for appointment of Receiver: e.g. 10 April, 19 .

THIS DEED made between the Guarantor and the Registrar of the Court witnesses
that the Guarantor promises the Registrar that if the Receiver does not
account to the Court for what he receives as Receiver or does not deal with
what he receives as Receiver as the Court directs the Guarantor will pay to
the
Registrar whatever is required to make good the default to a limit of $    .


Signed (&c.)
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Form 41
SUBPOENA FOR PRODUCTION
(Order 27, rule 2)
To   (name)
(address) THE COURT ORDERS that you shall attend and produce this subpoena and
the documents and things described in the schedule-

   (a)  before (the Court or as the case may be);

   (b)  at (address of Court or other place);

   (c)  on (insert date) at (insert time) and until you are excused from
        further attending, but-

        (i)    you need not attend or produce any document on any day unless
               reasonable expenses have been paid or tendered to you;

        (ii)   if you are not a party to these proceedings, instead of so
               attending you may produce this subpoena and the documents and
               things described in the schedule to the Registrar of the Court
               at the above place not later than the day before the first day
               on which you are required to attend; and

        (iii)  if, as an officer of a bank, you are required by this subpoena
               to produce a banker's book, and (insert relevant part of State
               or Territory enactment enabling alternative mode of proof of
               entries in bankers' books) applies, you need not produce it if
               you produce proof of the relevant entries in accordance with
               (that Part or that Division or those sections).

SCHEDULE

   (description) Date: e.g. 7 May, 19 .

By the Court
(signature and description of officer of the Court) Note: Failure to comply
with this subpoena may constitute contempt of court and may result in your
arrest or in the case of a corporation an order of sequestration may be made.
Issued at the request of (name), the applicant's solicitor (or as the case may
be).

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Form 42
SUBPOENA TO GIVE EVIDENCE
(Order 27, rule 2)
To   (name)
(address) THE COURT ORDERS that you shall attend for the purpose of giving
evidence-

   (a)  before (the Court or as the case may be);

   (b)  at (address of Court or place);

   (c)  on (insert date) at (insert time) and until you are excused from
        further attending; but you need not attend on any day unless
        reasonable expenses have been paid or tendered to you.

Date: e.g. 7 May, 19 .

By the Court
(signature and description of officer of the Court) Note: Failure to comply
with this subpoena may constitute contempt of court and may result in your
arrest. Issued at the request of (name), the applicant's solicitor (or as the
case may be).

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Form 43
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
(Order 27, rule 2)
To   (name)
(address) THE COURT ORDERS that you shall attend and produce this subpoena and
the documents and things described in the schedule and attend for the purpose
of giving evidence-

   (a)  before (the Court or as the case may be);

   (b)  at (address of Court or place);

   (c)  on (insert date) at (insert time) and until you are excused from
        further attending; but-

        (i)    you need not attend or produce any document on any day unless
               reasonable expenses have been paid or tendered to you; and

        (ii)   if, as an officer of a bank, you are required by this subpoena
               to produce a banker's book and (insert relevant part of State
               or Territory enactment enabling alternative mode of proof of
               entries in bankers' books) applies, you need not produce it if
               you produce proof of the relevant entries in accordance with
               (that Part or that Division or those sections).

SCHEDULE

   (description) Date: e.g. 7 May, 19 .

By the Court
(signature and description of officer of the Court) Note: Failure to comply
with this subpoena may constitute contempt of court and may result in your
arrest. Issued at the request of (name), the applicant's solicitor (or as the
case may be).

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Form 44
NOTICE OF TRIAL
(Order 30, rule 1) The applicant (or as the case may be) requests that the
proceedings be set down for trial.

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Form 45
NOTICE TO PRODUCE
(Order 33, rule 12) To the applicant:
The respondent requires you to produce at the trial (or otherwise specify the
occasion or place) the following documents for the purpose of evidence-
(enumerate the documents or things)
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Form 46
ORDER
(Order 33, rule 14) THE COURT ORDERS THAT: 1. The Superintendent (or as the
case may be) shall have (name), a prisoner, before this Court to be examined
as a witness and duly returned to confinement.

2. The first day on which he is required to have the prisoner before the Court
is e.g. 7 May, 19 , at 10.15 a.m. at (address of Court).

(Complete as in general form of order under Order 36)
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Form 47
ORDER
(Order 36) JUDGE(S): DATE OF ORDER: WHERE MADE: THE COURT ORDERS (OR DECLARES)
THAT: 1. 2. 3.

DISTRICT REGISTRAR Date Entered:
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Form 48
WARRANT FOR ARREST
(Order 40, rules 9 and 11; Order 49, sub-rule 4 (3) and (4)) To the Sheriff-
Arrest (name) and bring him before the Court to answer the charge set out
below detaining him in custody in the meantime unless, by paying the sum of
$      into Court (or as the case may be) he gives security for his
appearance in person before the Court to answer the charge and to submit to
the (judgment or) order of the Court.

(Name) is charged with (state charge, e.g. contempt of court) in that (give
particulars).

Date: e.g. 7 May, 19 .

Judge
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Form 49
WARRANT FOR COMMITTAL
(Order 37, rule 9) To the Sheriff-
Take (name) to (name of prison) and deliver him to the Superintendent of that
prison.

To the Superintendent of (name of prison):
Receive (name) into your custody and keep him there until the further order of
this Court (or as the case may be).

His committal is for contempt of court in that he (state the nature of the
contempt, for example, wilfully insulted the Judge while the Judge was sitting
in Court).

Date: e.g. 7 May, 19 .

Judge
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Form 50
NOTICE OF CLAIM
(Order 44, rule 4)
(Heading and title) The claimant claims the property described in the
schedule, being (part of) the property taken (intended to be taken) in
execution by the Sheriff at (address) under process against (name).

SCHEDULE

   (description) Date: e.g. 7 May, 19 .

   (signature)
Claimant's solicitor Claimant: (name) Place of abode: Address for service: To
the execution creditor:
If you do not, within 4 days after service of this notice upon you, serve on
the Sheriff a notice that you admit this claim, the Court may on application
by the Sheriff grant relief by way of interpleader.

If you admit the claim, you will not be liable to the Sheriff for any fees or
expenses incurred by him after you serve on him notice that you admit it.

   (signature) Sheriff Date:
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Form 51
SUMMONS
(Order 49, rule 2 and Order 4, rule 16) To the defendant:
You are required to appear before the Federal Court of Australia at the time
and place specified below to answer the charge the prosecutor makes against
you, viz.

1. (state offence)
The particulars of the charge are- 2. (State particulars in accordance with
Order 49, paragraph 2 (1) (b).) 3.

TAKE NOTICE that if you do not appear before the Court at the time and place
specified below, a warrant may be issued for your arrest.

Time: (Date and time to be entered by Registry unless fixed by the Court).

Place: (Address of Court).

The prosecutor's address for service is (specify address for service).

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Form 52
INFORMATION FOR AN OFFENCE
(Order 49, rule 2 and Order 4, rule 16) At the time and place specified below
(name of prosecutor) of
(address of prosecutor) in the State of         appears before (name
of Registrar) (description of Registrar) and informs the said (name of
Registrar) that on (Date and place of offence) (Name and address of defendant)
did (or failed to do) (Set out details of offence and specific description of
legislation creating the offence.) (Signature of Prosecutor) Time: (Date and
time prosecutor appears before Registrar).

Place: (Address of Court).

Signed by the abovenamed prosecutor before me- Date: e.g. 7 May, 19 .

Registrar
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Form 53 NOTICE OF A CONSTITUTIONAL MATTER UNDER SECTION 78B OF THE JUDICIARY 
ACT 1903 
(Order 51)
IN THE FEDERAL COURT OF AUSTRALIA
                         DISTRICT  REGISTRY    No.   of 19  .

GENERAL DIVISION
A.
B.
Applicant
C.
D.
Respondent
NOTICE OF A CONSTITUTIONAL MATTER 1. (The party whose case raises the matter,
e.g. applicant, respondent, &c. ) gives notice that the above proceeding
involves a matter arising under the Constitution or involving its
interpretation within the meaning of section  78B  of the Judiciary Act 1903.

2. 3. (Specify the nature of the matter.) 4.
5.   (Specify the facts showing the matter is one to which section 78B of the

Judiciary Act 1903 applies.)
(Conclude in accordance with Form 4)
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Form 54
APPLICATION FOR LEAVE TO APPEAL
(Order 52, rule 4)
IN THE FEDERAL COURT OF AUSTRALIA
                         DISTRICT  REGISTRY    No.    of 19  .

GENERAL DIVISION
A.
B.
Applicant
C.
D.
Respondent
APPLICATION FOR LEAVE TO APPEAL 1. The applicant applies for leave to appeal
from the judgment of (specify court or Judge below) given on (specify date) at
(specify place ).

2. Leave to appeal is required by (specify legislation giving right to appeal
with leave).

OR 2. Leave to appeal is required because a notice of appeal was not filed
within the time limited by Order 52, rule 15.

3. (Where Order 52, sub-rule 3 (2) applies). The applicant intends to present
his case and argument in writing pursuant to Order 52, sub-rule 3 (2).

OR
3.  This application will be heard by the Court at       on       (place and
date to be inserted by the Registrar).

4. The grounds of the application appear in the annexed affidavit.

5. (Where Order 52, sub-rule 5 (3) applies) The applicant applies for an order
that compliance with Order 52, sub-rule 5 (2) be dispensed with.

(Conclude in accordance with Form 4)
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Form 55
NOTICE OF APPEAL
(Order 52, rule 12)
IN THE FEDERAL COURT OF AUSTRALIA
                         DISTRICT  REGISTRY    No.    of

GENERAL DIVISION
On appeal from (specify Court or
Judge)
A.B. Appellant
C.D. Respondent
NOTICE OF APPEAL 1. The appellant appeals from the whole (or if from a part,
specify part ) of the judgment of (specify court or Judge below) given on
(specify date) at (specify place).

2. (Where applicable) The appeal is brought pursuant to leave granted on
(specify time).

GROUNDS: 3. 4. (Specify grounds of appeal.) ORDER SOUGHT: (State what judgment
or order the appellant seeks in lieu of the judgment appealed from).

(Conclude in accordance with Form 4.)
The papers in the appeal will be settled before the Registrar at      on at
(place, date and time to be inserted by Registrar).

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Form 56
APPLICATION FOR AN ORDER OF REVIEW
(Order 54)
IN THE FEDERAL COURT OF AUSTRALIA
                         DISTRICT  REGISTRY    No.     of     19  .

GENERAL DIVISION
BETWEEN
A.B. Applicant
AND
C.D. Respondent
APPLICATION FOR AN ORDER OF REVIEW Application to review the decision of (the
respondent or the first respondent) that (here specify decision)
OR Application to review the conduct of (the respondent or the first
respondent) whereby (here identify conduct)
OR Application to review conduct in which the respondent or the first
respondent) proposes to engage whereby (here identify proposed conduct)
OR Application to review the failure of (the respondent or the first
respondent) to decide that (here identify the decision which is alleged ought
to have been made) The applicant is aggrieved by the (decision or conduct or
proposed conduct or failure) because- 1. 2.

The grounds of the application are- 1. 2.

(Particulars of fraud or bad faith if alleged.) The applicant claims- 1. An
order (or declaration) that (specify relief sought). 2. etc.

Date: e.g. 7 May, 19 .

(Signed, applicant or
his solicitor) To the respondent (address)
If there is no attendance before the Court by you or by your counsel or
solicitor at the time and place specified below, the application may be dealt
with and you will be liable to suffer judgment or an order against you in your
absence.

Before any attendance at that time you must file an appearance in the
Registry.

APPOINTMENT FOR DIRECTIONS HEARING Time: (Date and time to be entered by
Registry unless fixed by Court.) Place: (Address of Court.) (Where the time
for service has been abridged, add-
The time by which this application is to be served had been abridged by the
Court to (specify time).) Date: e.g. 7 May, 19 .

(Signed, Registrar)
The applicant's address for service is (specify address for service).

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Form 57
NOTICE OF OBJECTION TO COMPETENCY
(Order 54, rule 4) To the applicant:
The respondent objects to the jurisdiction of this Court to try this
application for an order of review under the Administrative Decisions 
(Judicial Review) Act 1977 on the grounds that: 1. 2. (Set out concisely the
whole of the grounds of the objection.)
(Conclude in accordance with Form 4)
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