Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 28.14

Applications for order in terms of an award

         (1)   A party may apply to the Court for an order in the terms of the award if:

                (a)    the matter has not been referred to the arbitrator by the Court; but

               (b)    the matter is a matter in which the Court has original jurisdiction.

         (2)   A party who wants to make an application under subrule (1) must file an originating application, in accordance with Form 50.

         (3)   The application must be accompanied by:

                (a)    a copy of the arbitration agreement; and

               (b)    a copy of the award; and

                (c)    an affidavit stating:

                          (i)    the material facts demonstrating why the Court has original jurisdiction in the matter that is the subject of the award; and

                         (ii)    the extent to which the award has not been complied with, at the date the application is made; and

                        (iii)    the usual or last-known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last-known registered office of the company.

         (4)   The application may be made without notice.

Note    Without notice is defined in the Dictionary.

Rules 28.15-28.20 left blank

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