(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)
On, 19 , I, (name) say on oath:
I am the respondent.
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
FORM 23
NOTICE TO ANSWER INTERROGATORIES
(Order 16, rule 1)
Within days after service of this notice on each of them respectively, (CD) is required to answer interrogatories numbered 1 to 8 (and verify the answers) and (EF) is required to answer interrogatories numbered 1 to 12 (and verify the answers).
INTERROGATORIES
1. (State the question.)
2. (State the question.)
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.)
On, 19 , I (name) , of (address) (occupation) say on oath:
I am the secretary of the respondent and am authorised to make this affidavit on its behalf.
(The deponent should state which of the answers are true to his or her own knowledge and which are true to the best of his or her knowledge, information and belief based on his or her inquiries of officers of the company and others and on his or her other investigations.)
Sworn (etc.)
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:
(state each fact)
The applicant requires you to admit, for the purpose of these proceedings only, the authenticity of the following documents:
(describe each document)
If you do not, within 14 days after service of this notice on you, serve a notice on 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.
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 ).
(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 ).
(describe each document)
The respondent admits:
(state each fact or describe each document)
FORM 27
NOTICE OF MOTION
(Order 19, rule 2)
The abovenamed applicant or respondent or as the case may be will at 10.15 a.m. on (e.g. 7 May 19 ), at (address of Court) move the Court for orders:
(State concisely the nature of each order which is sought but not the grounds on which the order is sought)
(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).
FORM 28
NOTICE OF WITHDRAWAL OF APPEARANCE
(Order 22, rule 1)
The respondent (CD) withdraws his (or her) appearance.
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 (e.g. 1 to 3 inclusive) 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 or her solicitor must sign the notice.)
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 or her defence (e.g., in respect of paragraphs numbers 1 to 3 inclusive, of the defence).
(conclude as in Form 29).
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 or her cross-claim).
or
That sum is in answer to the following causes of action on which the applicant claims, namely (specify) (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]).
* Omit if inapplicable
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/ her on (e.g. 10 April, 19 ).
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/ her other causes of action as against CD /and abandons those causes of action as against the respondents EF and GH).
FORM 34
NOTICE CONFIRMING DEPOSIT
(Order 23, rule 10)
The respondent confirms the notice dated (e.g. 10 April, 19 ), of deposit of $ brought into Court before the beginning of the trial.
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/ her 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 ).
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)
FORM 37
ORDER FOR EXAMINATION
(Order 24, paragraph 1 (a))
I, (name) of (address) be examined on oath before (name and address, or describe examiner).
(Complete as in general form of order under Order 36.)
FORM 38
ORDER APPOINTING EXAMINER
(Order 24, paragraph 1 (a))
THE COURT ORDERS:
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]).
That the party obtaining this order give to each other interested party 7 days’ notice in writing of the date on which the party proposes to send this order to the examiner.
That not less than 4 days after that notice has been given, each party shall give to the other the name of his/ her agent at (place) to whom notices may be sent.
(Complete as in general form of order under Order 37.)
FORM 39
(Order 24, paragraph 1 (b))
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.)
FORM 40
DEED
(Order 26, rule 3)
PARTICULARS
Date: e.g. 7 May 19 .
Receiver: (name)
(address for service)
Guarantor: (name)
(address for service)
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/she receives as Receiver or does not deal with what he/she 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 (etc.)
FORM 41
SUBPOENA FOR PRODUCTION
To
(name)
THE COURT ORDERS that you attend and produce this subpoena and the documents and things described in the schedule:
(a) before (the Court or as the case may be); and
(b) at (address of Court or other place); and
(c) on (date) at (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 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).
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).
FORM 42
SUBPOENA TO GIVE EVIDENCE
To (name)
THE COURT ORDERS that you 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 (date) at (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.
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).
FORM 43
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
To (name)
THE COURT ORDERS that you 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 (date) at (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).
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).
FORM 44
REQUEST TO FIX DATE FOR TRIAL
(Order 30, subrule 2 (1))
[heading to form as in Form 1]
The applicant [or as the case may be] requests that a date be fixed for the trial of the proceeding.
Take notice that the date, time and place for trial of this proceeding is as specified below.
Date: (date and time to be entered by Registry unless fixed by the Court)
Time:
Dated (e.g. 7 May 19 )
*The hearing fee under regulation 2A of the Federal Court of Australia Regulations has been paid./*No fee is payable under regulation 2A of the Federal Court of Australia Regulations.
.
(Signature of notifying party
or the party’s solicitor)
* Omit if inapplicable
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)
FORM 46
(Order 33, rule 14)
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.
The first day on which he or she is required to have the prisoner before the Court is (e.g. 7 May, 19 ), at (e.g. 10.15 a.m.) at (address of Court).
(Complete as in general form of order under Order 36)
NB: THERE IS NO FORM 46A
FORM 46B
(Order 33, rule 15)
1. The Superintendent (or as the case may be) shall have (name), a prisoner, before this Court to be present during the hearing of the proceeding concerning him/ her and duly returned to confinement.
2. The first day on which it is required to have this prisoner before the Court is (e.g. 7 May 19 ) at (e.g. 10.15 a.m.) at (address of Court).
(Complete as in general form of order under Order 36)
FORM 47
(Order 36)
JUDGE(S):
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS (OR DECLARES) THAT:
DISTRICT REGISTRAR
Date Entered:
FORM 47A
CERTIFICATE OF JUDGMENT
(Order 36, subrule 11 (3))
Causes of action to which the judgment relates
The rate of interest (if any)payable on any amount payableunder the judgment
Amount payable under the judgement on date of issue of certificate
Amount of costs ordered to be paid under the judgment
Particulars (if any) required by a foreign tribunal in which it is proposed to register or enforce the judgment
Date of trial
Date of judgment
I certify that this certificate correctly and fully sets forth the particulars of a judgment given in this Court, on (date e.g. 7 May, 19 ) in a suit wherein (name of applicant) was applicant and (insert name of respondent) was respondent.
Dated (e.g. 7 May, 19 ).
FORM 48
WARRANT FOR ARREST
(Order 40, rules 9 and 11; Order 49, subrule 4 (3) and (4))
To the Sheriff—
Arrest (name) and bring him or her before the Court to answer the charge set out below, detaining him/ her in custody in the meantime unless, by paying the sum of $ into Court (or as the case may be) he or she gives security for his/ her 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 (charge, e.g. contempt of court) in that (give particulars).
Judge
FORM 49
WARRANT FOR COMMITTAL
(Order 37, rule 9)
To the Sheriff
Take (name) to (name of prison) and deliver him/ her to the Superintendent of that prison.
To the Superintendent of (name of prison)
Receive (name) into your custody and keep him/ her there until the further order of this Court (or as the case may be).
His/ her committal is for contempt of court in that he/ she (nature of the contempt, e.g., wilfully insulted the Judge while the Judge was sitting in Court).
Judge
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).
(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 on 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/ her after you serve on the Sheriff notice that you admit it.
(signature)
Sheriff
Date:
FORM 51
SUMMONS
(Order 49, rule 2)
To the defendant:
To the defendant:
You are required to appear before the Industrial Relations Court of Australia at the time and place specified below to answer the charge the prosecutor makes against you, viz:
(state offence)
The particulars of the charge are:
(state particulars in accordance with Order 49, paragraph 2 (1) (b))
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).
Date (e.g. 7 May 19 .)
FORM 52
INFORMATION FOR AN OFFENCE
(Order 49, rule 2)
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:
FORM 53
NOTICE OF A CONSTITUTIONAL MATTER UNDER SECTION 78B OF THE JUDICIARY ACT 1903
(Order 51)
A.B.
C.D.
NOTICE OF A CONSTITUTIONAL MATTER
(the party whose case raises the matter, e.g. applicant, respondent, etc.) 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.
3. (specify the nature of the matter.)
5. (specify if the facts showing the matter is one to which section 78B of the Judiciary Act 1903 applies.)
FORM 53A
NOTICE OF PROCEEDING
(Order 51A, rule 2)
On remittal from the High Court of Australia
A.B.
C.D.
NOTICE OF PROCEEDING
To (party) (address)
This matter (or part of this matter) has been remitted to the Industrial Relations Court of Australia by the accompanying order of the High Court of Australia.
A directions hearing in this matter will be heard by the Court at the time and place specified below.
If there is no attendance before the Court by you or your counsel or solicitor, the application may be dealt with and judgment be given or an order made in your absence.
Before any attendance at that time you must file an appearance in the Registry unless you are the applicant or have entered an appearance in the High Court.
Time:
Date of notice: (e.g. 5 May 1984)
....................................
FORM 54
APPLICATION FOR LEAVE TO APPEAL
(Order 52, rule 4)
A.B.
C.D.
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).
3. The grounds of the application appear in the annexed affidavit.
To the respondent
(address):
Take Notice: Before taking any step in the proceeding you must enter an appearance in the Registry.
The applicant's address for service is (specify address for service)
FORM 54A
APPLICATION FOR LEAVE TO FILE AND SERVE OUT OF TIME
(Order 52, rule 15 (5))
A.B.
C.D.
APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE OF APPEAL
The applicant applies for an extension of time in which to file and serve a notice of appeal from the judgment of (specify court or Judge below) given on (specify date) at (specify place).
An extension of time is required because a notice of appeal was not filed and served within the time limited by Order 52 rule 15.
This application will be heard by the Court at on. (place and date to be inserted by the Registrar).
The grounds of the application appear in the annexed affidavit.
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).
(where applicable)
The appeal is brought pursuant to leave granted on (specify date).
GROUNDS:
(specify grounds of appeal)
ORDER SOUGHT: (state what judgment or order the appellant seeks in lieu of the judgment appealed from).
To the respondent
(address):
TAKE NOTICE:
(a) Before taking any step in the proceeding you must enter an appearance in the Registry, unless you have already entered an appearance pursuant to Order 52, rule 7.
(b) The papers in the appeal will be settled before the Registrar at on (place, date and time to be inserted by the Registrar).
The appellant’s address for service is (specify address for service).
NB: THERE ARE NO FORMS 56 TO 128 INCLUSIVE
FORM 129
APPLICATION UNDER PART IVA OF THE FEDERAL COURT OF AUSTRALIA ACT 1976
(Order 73, rule 3)
This application is brought by the applicant as a representative party.
The group members to whom this proceeding relates are (identify the group members in accordance with paragraph 439 (1) (a) of the Industrial Relations Act 1988).
The applicant claims (specify the nature of the claims made on behalf of the group in accordance with paragraph 439 (1) (b) of the Industrial Relations Act 1988) and claims relief as follows: (specify the relief claimed).
The questions of law or fact commmon to the claims of the group members are (see paragraph 439 (1) (c) of the Industrial Relations Act 1988).
And the applicant claims by way of interlocutory relief:
(specify the interlocutory relief sought)
Date: e.g. 7 May 19
Signature of applicant or applicant’s solicitor
FORM 130
NOTICE OF CONSENT TO BE A GROUP MEMBER
(Order 73, rule 4)
TO: The Applicant and the Respondent:
TAKE NOTICE THAT (insert name of person) , a person referred to in subsection 33E (2) of the Industrial Relations Act 1988, consents to be a group member in these proceedings.
Date: e.g. 7 May 19
Signature of person or his or her solicitor
Name and position of person signing consent notice:
Address of person signing the consent notice:
FORM 131
NOTICE OF OPTING OUT BY GROUP MEMBER
(Order 73, rule 6)
TO: The Registrar
Industrial Relations Court of Australia
The Applicant
The Respondent
I, (name of group member) , a group member in the above representative proceedings, give notice under subsection 44D of the Industrial Relations Act 1988, that I am opting out of the representative proceedings.