Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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