THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) 1988 NO. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) 1988 NO. 54 - TABLE OF PROVISIONS 1. Commencement 2. Discovery of Documents 3. Preliminary Discovery and Discovery from Non-Party 4. Summary Judgment 5. Mandamus, Prohibition, Injunction Against an Officer of the Commonwealth 6. Intellectual Property 7. Numerical Table of Forms FIRST SCHEDULE FIRST SCHEDULE 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 1 Commencement 1. These rules shall come into operation on 26 April 1988. 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 2 Discovery of Documents 2. The following rule is inserted after rule 6 of Order 15. "6A. A party required to give discovery who has or has had possession custody or power of more than one copy, however made, of a particular document is only required to discover and give inspection of the original or, if the original is not available, one copy of the document unless there is, on another copy, an endorsement, addition or deletion or unless there is some other sufficient reason to give discovery of that other copy in either of which cases it must be discovered and, if required, produced for inspection.". 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 3 Preliminary Discovery and Discovery from Non-Party 3. The following Order is inserted after Order 15 - "ORDER 15A PRELIMINARY DISCOVERY AND DISCOVERY FROM NON-PARTY Interpretation "1. In this Order, unless the context or subject-matter otherwise requires - "applicant" means applicant for an order under this Order; "description" includes the name, and (as applicable) the place of residence, registered office, place of business, occupation and sex of the person against whom the applicant desires to bring a proceeding, and also whether that person is an individual or a corporation; "possession" means possession, custody or power. Privilege "2. An order made under this Order shall not operate to require the person against whom the order is made to produce any document which, on the ground of privilege, the person could not be required to produce - (a) in the case of an order under rule 3 or rule 6, if the applicant had commenced a proceeding against the person; (b) in the case of an order under rule 5 or rule 7, if the applicant had made the person a party to the proceeding; (c) in the case of an order made under rule 8, if the person had been served with a subpoena for production of the document at the trial of the proceeding. Discovery to identify a respondent "3. (1) Where an applicant, having made reasonable inquiries, is unable to ascertain the description of a person sufficiently for the purpose of commencing a proceeding in the Court against that person (in this rule called "the person concerned") and it appears that some person has or is likely to have knowledge of facts, or has or is likely to have or has had or is likely to have had possession of any document or thing, tending to assist in such ascertainment, the Court may make an order under subrule (2). "(2) The Court may order that the person, and in the case of a corporation, the corporation by an appropriate officer, shall - (a) attend before the Court to be examined in relation to the description of the person concerned; (b) make discovery to the applicant of all documents which are or have been in the person's or its possession relating to the description of the person concerned. "(3) Where the Court makes an order under paragraph (2) (a), it may - (a) order that the person or corporation against whom or which the order is made shall produce to the Court on the examination any document or thing in the person's or its possession relating to the description of the person concerned; (b) direct that the examination be held before a Registrar. Conduct Money "4. Order 27 rule 3 as to conduct money shall apply in relation to an order under paragraph (2) (a) of rule 3 hereof as it applies in relation to a subpoena. Party an applicant "5. Rule 3 shall, with any necessary modification, apply where the applicant is a party to a proceeding and wishes to make in the proceeding against a person who is not a party a claim which could properly have been made in the proceeding had the person been a party. Discovery from prospective respondent "6. Where - (a) there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from a person whose description has been ascertained; (b) after making all reasonable inquiries, the applicant has not sufficient information to enable a decision to be made whether to commence a proceeding in the Court to obtain that relief; and (c) there is reasonable cause to believe that that person has or is likely to have or has had or is likely to have had possession of any document relating to the question whether the applicant has the right to obtain the relief and that inspection of the document by the applicant would assist in making the decision - the Court may order that that person shall make discovery to the applicant of any document of the kind described in paragraph (c). Party an applicant "7. Rule 6 shall, with any necessary modification, apply where the applicant is a party to a proceeding and there is reasonable cause to believe that the applicant has or may have the right to obtain against a person who is not a party relief which the applicant could properly have claimed in the proceeding had the person been a party. Discovery from non-party "8. On the application of any party to a proceeding the Court may order that a person who is not a party and in respect of whom it appears that the person has or is likely to have or has had or is likely to have had in the person's possession any document which relates to any question in the proceeding shall make discovery to the applicant of any such document. Procedure "9. (1) An application under rule 3 shall, unless a Judge otherwise orders, be served personally on the person concerned. "(2) An application under rule 6 shall, unless a Judge otherwise orders, be served personally on the person mentioned in paragraph (a) of that rule. "(3) An application under any rule of this order shall be supported by an affidavit: (a) stating the facts upon which the applicant relies; and (b) specifying or describing the documents or any class of documents in respect of which an order is sought. "(4) A copy of the supporting affidavit shall be served on every person upon whom the notice of motion is served. Inspection of documents "10. Division 2 of Order 15 shall, with any necessary modification, apply to the inspection of the documents referred to in a list of documents made and served in accordance with this Order as if the list were a list of documents as mentioned in Order 15 rule 2. Costs "11. (1) On an application under this Order the Court may make an order for the costs and expenses of the applicant, of the person against whom the order is made or sought and of any party to the proceeding, including the costs of making and serving any list of documents, of producing any document for inspection in accordance with rule 10 or of complying with any order made under Division 2 of Order 15 including such expense or compensation as would have been allowable under Order 27 rule 4A. "(2) The Court may make an order under this Order on condition that the applicant give security for the costs and expenses of the person against whom the order is made. Power to order inspection, preservation, etc. of property "12. On an application under this Order the Court may also make an order providing for any one or more of the following matters: (a) the inspection, measurement, photocopying, preservation, custody and detention of property: (i) which relates to the subject matter of the proceedings; or (ii) as to which any question arises in the proceedings; (b) (i) taking of samples; (ii) observation; (iii) carrying out of any experiment; (iv) making, playing or screening of tape recordings and films and other means of recording sight or sound; (v) making and reproducing or displaying other instrumental recordings and tracings; with respect to any such property mentioned in paragraph (a).". 1988 NO. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 4 Summary Judgment 4. Rule 1 of Order 20 is amended: (a) by inserting at the end of paragraph (1) (a) "or", (b) by omitting from the end of paragraph (1) (b) "or", (c) by omitting paragraph (1) (c). 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 5 Mandamus, Prohibition, Injunction Against an Officer of the Commonwealth 5. Order 54A is amended by omitting Divisions 1 to 4 inclusive and substituting the following: "Application "1. Subject to this Order, the Rules of Court prescribe the manner of making an application under section 39B of the Judiciary Act 1903. Form of Application "2. (1) An application shall be in or substantially in the form numbered 5 in the First Schedule. "(2) The application shall be entitled: - (name of applicant(s)) Applicant(s) (name and title of the officer or officers of the Commonwealth against whom the order is sought and the name or names of any other person against whom orders are sought) Respondent(s) Joinder of Claims for Relief "3. (1) Subject to subrule (2) any other claim for relief coming within the jurisdiction of the Court and which arises out of or relates to or is connected with the same subject matter, may be joined in an application under this Order. "(2) Where, on an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977, relief is sought also pursuant to section 39B of the Judiciary Act 1903 and this arises out of or relates to or is connected with the same subject matter, then the application for that order of review and for relief under section 39B of the Judiciary Act 1903 shall be made in the one application which shall, with all necessary adaptations, be in or substantially in the form numbered 56 in the First Schedule and the provisions of Order 54 shall, with all necessary adaptations, apply to that application." 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 6 Intellectual Property 6. The following Order is inserted after Order 54A - "ORDER 54B - INTELLECTUAL PROPERTY Division 1 - Intellectual Property Cases Generally Interpretation "1. (1) In this Order unless the contrary intention appears - (a) "intellectual property case" means - (i) any proceedings in the Court for infringement of a patent granted under the Patents Act, of a trade mark registered under the Trade Marks Act, of the monopoly in a design registered under the Designs Act, of the monopoly in the design of the logo provided for by the Advance Australia Logo Protection Act, or of copyright subsisting under the Copyright Act and (ii) any application, appeal or other proceedings in the Court under any of the subject Acts whether or not joined with any other claim or cause of action, but does not include any proceeding to which Order 54 or Order 54A applies. (b) "Advance Australia Logo Protection Act" means the Advance Australia Logo Protection Act 1984; (c) "Copyright Act" means the Copyright Act 1968; (d) "Designs Act" means the Designs Act 1906; (e) "Patents Act" means the Patents Act 1952; (f) "subject Acts" means the Advance Australia Logo Protection Act, the Designs Act, the Patents Act, the Trade Marks Act and the Copyright Act; (g) "the Commissioner" has - (i) in relation to proceedings under the Patents Act, the same meaning as it has in that Act; (ii) in relation to proceedings under the Trade Marks Act, the same meaning as "The Registrar" has in that Act; and (iii) in relation to proceedings under the Designs Act, the same meaning as "Registrar" has in that Act. (h) "Trade Marks Act" means the Trade Marks Act 1955. "(2) Unless the contrary intention appears expressions used in this Order have, in relation to proceedings taken under any of the subject Acts, the same meanings respectively as in the subject Act under which the proceedings are taken. Application of Order "2. (1) This Order applies to intellectual property cases. "(2) Subject to this Order and to any law of the Commonwealth, the provisions of the other Orders of these Rules apply, so far as is practicable, to intellectual property cases. "(3) An appeal to the Court in an intellectual property case from a judgment of the Court constituted by a single Judge shall be dealt with in accordance with Order 52. Appearance by the Commissioner "3. The Commissioner may appear and be heard in any intellectual property case, but shall not be deemed to be a party to the proceedings except on an appeal to the Court from any decision, direction or determination of the Commissioner in proceedings in which there was no party in opposition to the party who is the applicant in the Court. Division 2 - Appeals from the Commissioner Method of Institution of Appeals "4. (1) Unless otherwise authorised or required by or under any law of the Commonwealth, an appeal to the Court from any decision, direction or determination of the Commissioner under any of the subject Acts shall be instituted by the filing of an application which shall be in or substantially in the form numbered 58A in the First Schedule, which need not be accompanied by Statement of Claim or affidavit. "(2) This Division applies to appeals described in subrule (1). "(3) The party instituting the proceedings in this Court shall be called the applicant and any party in opposition to the applicant in the proceedings before the Commissioner shall be called a respondent. "(4) The Commissioner shall be called a respondent in the case of an appeal from any decision, direction or determination of the Commissioner in proceedings in which there was no party in opposition to the party who is the applicant in the Court. "(5) The applicant shall file the application in the Registry of the Court at the place where it is desired that the appeal be heard. "(6) Subject to any provision made by or under any law of the Commonwealth, an appeal to which this Division applies must be instituted by filing an application within 21 days after the material date or within such extended time as the Court may fix. "(7) In subrule (6) the expression "material date" means the date which is borne by the Commissioner's decision in respect of which the appeal is instituted. "(8) Subject to any provision made by or under any law of the Commonwealth, the Court may, upon application made at any time, showing special circumstances, extend time under subrule (6). "(9) The application shall be served upon the Commissioner and upon persons directly affected by the appeal, not less than 14 days before the date appointed for the directions hearing. Form of Application "5. (1) In the application and in all subsequent documents filed in an appeal to which this Division applies there shall be included in the title of the proceedings words to identify the decision-maker from whose decision the appeal is brought. "(2) The application shall state - (a) the decision from which the appeal is brought, the title or description of the decision-maker and the date which is borne by the decision, (b) whether the appeal is brought from the whole or part only of the decision, (c) the orders sought, and (d) briefly, but specifically, the grounds relied on in support of the orders sought. "(3) Within 14 days from the service of an application in an appeal to which this Division applies, the Commissioner shall - (a) cause to be forwarded to the Registry at the place indicated in the application as that at which the directions hearing will be held any documents in the Commissioner's possession (or certified copies thereof) which are necessary for the hearing of the proceedings in the Court, together with a list of documents; and (b) give notice in writing to the applicant that the documents have been so transmitted. Directions Hearing "6. (1) The application shall specify a date for a directions hearing which has been obtained from the Registry. "(2) Unless the Court or a Judge otherwise directs, the directions hearing shall be fixed for a date not earlier than 28 days from the date the application is filed and the application shall be served upon the respondent not less than 14 days before the date appointed for the directions hearing. Evidence on Appeals from the Commissioner "7. (1) At the directions hearing referred to in subrule 6 (2), the Court may give directions as to the giving of further evidence at the hearing, pursuant to s. 150 (b) of the Patents Act. "(2) Evidence in proceedings before the Commissioner shall, with the leave of the Court, and saving all just exceptions, be admissible in evidence on the hearing by the Court of an appeal to which this Division applies. Division 3 - Patents Act Application of Division "8. This Division applies to proceedings under the Patents Act other than proceedings to which Division 2 applies. Amendment of Specification - Section 86 "9. (1) A patentee intending to apply for a direction under s. 86 of the Patents Act must give notice of such intention to the Commissioner accompanied by a copy of an advertisement. "(2) The advertisement referred to in subrule (1) shall, unless the Court otherwise orders, - (a) identify the proceedings pending before the Court in which it is intended to apply for such leave; (b) give particulars of the amendment sought; (c) state the applicant's address for service; and (d) state that any person intending to oppose the amendment who is not a party to the proceedings must, within 28 days after the appearance of the advertisement, give written notice of intention to the Commissioner and all parties to the proceedings in question. "(3) Unless the Court otherwise orders, the Commissioner shall insert the advertisement once in the Official Journal. "(4) A person who gives notice in accordance with the advertisement shall be entitled to be heard on the application subject to any direction of the Court as to costs. "(5) Within 14 days after the expiration of 35 days from the appearance of the advertisement, the applicant must institute any application sought to be made under s. 86 by filing a notice of motion in the proceedings pending before the Court. "(6) The notice of motion, together with a copy of the specification showing in coloured ink the amendment sought, must be served on the Commissioner, the parties to the proceedings and any person who has given notice of intention to oppose the amendment. "(7) On the hearing of the motion, the Court may give such directions for the further conduct of proceedings on the motion as it thinks fit, including directions: (a) requiring the applicant and any party or person opposing the amendment sought to exchange statements of the grounds for allowing the amendment and of objections to the amendment; (b) determining whether the motion shall be heard with the other proceedings relating to the patent in question or separately and, if separately, fixing the date for hearing of the motion; (c) as to the manner in which the evidence shall be given and, if the evidence is to be given by affidavit, fixing the times within which the affidavits must be served. Extensions of Patents - Part IX "10. (1) A petition under Part IX of the Patents Act shall be in Form 58B in the First Schedule and shall be served on any respondent and on the Commissioner not less than 14 days before the date appointed for the directions hearing. "(2) A petition is presented to, or lodged in, the Court by filing it in the Registry of the Court at the place where the applicant desires the proceedings to be heard. "(3) In this Rule and in Form 58B in the First Schedule the petitioner shall be called the applicant and any respondent to the petition shall be called a respondent. "(4) On the hearing of the petition a person who has filed a caveat shall be made a respondent to the proceedings. "(5) A petition shall be endorsed with notice of a directions hearing in Form 58B in the First Schedule and on that directions hearing the Court shall give such directions with respect to the conduct of the proceedings as it thinks proper and as provided in Order 10 of these Rules. "(6) A caveat shall be in Form 58C and may be filed in any Registry of the Court. "(7) A person who wishes to file a caveat under section 91 of the Patents Act must file it within the time stated in the advertisement published in accordance with the Patents Regulations in relation to the proceedings as the time within which the petition is to be lodged or within such further time as the Court allows, upon application made at any time, and within 7 days of filing the caveat, that person shall serve a copy of the caveat on the Commissioner and the applicant. "(8) The Court may give directions as to the filing and serving by a party who files a caveat of the particulars of objection to the grant of relief sought by the applicant. "(9) A caveat may be withdrawn at any time with the leave of the Court, subject to such order as to costs or otherwise as the Court may direct. "(10) Where the applicant disputes the standing of any caveator, the applicant shall do so by motion in the proceedings and with the motion shall file particulars of the grounds in support of that contention. Revocation and Surrender of Patents - Part XI "11. (1) A petition for the revocation of a patent shall be in Form 58D in the First Schedule. "(2) A petition is presented to the Court by filing it in the Registry of the Court at the place the applicant desires the proceedings to be heard. "(3) In this rule and in Form 58D in the First Schedule the petitioner shall be called the applicant and the patentee shall be respondent to the petition and shall be called the respondent. "(4) The petition shall be served on the respondent and on the Commissioner not less than 14 days before the date appointed for the directions hearing. "(5) When filing and serving the petition pursuant to subrules (2) and (4), the applicant will file and serve particulars of the grounds of invalidity relied on. "(6) A petition shall be endorsed with notice of a directions hearing in Form 58D in the First Schedule and on that directions hearing the Court shall give such directions with respect to the conduct of the proceedings as it thinks proper and as provided in Order 10 of these Rules. "(7) An application for leave under subsection 106 (3) of the Patents Act shall be made by motion in the proceedings pending in the Court. Particulars of Defence - s.112 "12. If a respondent pleading in an action for infringement of a patent intends to rely as a defence to the action on the insertion by the patentee in any contract or licence of a condition which is void by virtue of s.112 of the Patents Act, the respondent shall give particulars of - (a) the date of, and parties to, any contract or licence on which the respondent intends to rely and into which the patentee has inserted such a condition; and (b) the particular conditions on which the respondent intends to rely as being void by virtue of that section. Particulars of Infringements - s.117 "13. Where an applicant in proceedings for infringement is required by section 117 of the Patents Act or otherwise to give or deliver particulars of the infringements complained of, the particulars delivered shall give at least one instance of each type of infringement alleged, and shall specify, in proceedings for infringement of a standard patent, which of the claims of the complete specification of that patent are alleged to be infringed. Particulars of Objections - ss.117, 166 "14. If, in the case of a patent - (a) one of the grounds stated in the particulars delivered under subsection 117 (b) or subsection 166 (1) of the Patents Act is that the invention, so far as claimed in any claim of the complete specification of a standard patent, or in the claim of the petty patent specification, as the case may be, is not useful; and (b) it is intended, in connection with that ground, to rely on the fact that an example of the invention which is the subject of any such claim cannot be made to work, either at all or as described in the specification, the particulars must identify each such claim and state that fact and must include particulars of each such example, specifying the respect in which it is alleged that it does not work as described. Experiments "15. (1) The Court may give directions - (a) for the service on the other parties, by any party desiring to submit experimental proof, of particulars of the experiments proposed and of the facts which the party claims to be able to establish by the experiments; (b) for the conduct of, and the persons who may attend, the experiments. "(2) In any action or proceeding to which this Division applies the Court may direct that evidence with respect to any experiment made shall not be admissible unless the experiment has been made substantially in accordance with directions given under subrule (1). Division 4 - Trade Marks Act Application of Division "16. This Division applies to proceedings under the Trade Marks Act other than proceedings to which Division 2 applies. Particulars "17. (1) Particulars of the infringement of a registered trade mark shall specify the manner in which the trade mark is alleged to be infringed and shall give at least one instance of each type of infringement alleged. "(2) A party who in a proceeding calls into question the validity of the registration of a registered trade mark shall deliver, with the pleading in which the party calls validity into question, particulars of the grounds of invalidity on which the party relies. "(3) Except by leave of the Court, evidence is not admissible in proof of a ground of invalidity of which particulars have not been given. Division 5 - Designs Act Application of Division "18. This Division applies to proceedings under the Designs Act other than proceedings to which Division 2 applies. Particulars "19. (1) Particulars of infringement of the monopoly in a registered design shall specify the manner in which the design is alleged to be infringed and shall give at least one instance of each type of infringement alleged. "(2) A party who - (a) applies under section 28 (a) of the Designs Act for the cancellation of the registration of a design; (b) applies under section 32 or section 39 of that Act for the rectification of the Register; or (c) in a proceeding, disputes the validity of a registered design, shall deliver with the pleading or other document in which the party makes that application or disputes the validity of the registered design, particulars of the grounds for cancellation or rectification or of invalidity on which the party relies. (3) If one of those grounds referred to in subrule (2) is previous publication or user, the particulars shall state the time and place of the previous publication or user alleged, and, in the case of previous user, the particulars shall - (a) specify the name of the person who is alleged to have made the previous user; (b) specify the period during which the previous user is alleged to have continued; and (c) contain a description sufficient to identify the previous user. "(4) Except by leave of the Court, evidence is not admissible in proof of a ground of invalidity of which particulars have not been given.". 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 7 Numerical Table of Forms 7. The numerical table of forms that follows Order 65 of the Principal Rules is amended by deleting "58 Order to Show Cause ((Order 54A sub-rule 8 (2))" and inserting: "58A Notice of Appeal (Order 54B, rule 4) 58B Petition under Part IX of the Patents Act As to parties (Order 54B, rule 10 (1)) 58C Caveat under s.91 of the Patents Act (Order 54B, rule 10 (6)) 58D Petition under Part XI of the Patents Act As to parties (Order 54B, rule 11)" 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - FIRST SCHEDULE FIRST SCHEDULE 1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 8 8. The First Schedule is amended by deleting Form 58 and inserting after Form 57 the following forms - "Form 58A NOTICE OF APPEAL (Order 54B, rule 4) IN THE FEDERAL COURT OF) AUSTRALIA) DISTRICT REGISTRY) No. of GENERAL DIVISION) On appeal from the (title or office of the person who made the decision) BETWEEN: A.B. Applicant and C.D. Respondent NOTICE OF APPEAL 1. TAKE NOTICE that the applicant appeals from the decision of (specify title or office of the person who made the decision) given on (specify date) at (specify place) whereby it was decided (specify decision appealed from). 2. ORDERS SOUGHT: (state the orders or relief sought by the applicant). 3. GROUNDS: (specify grounds relied upon in support of the orders sought). Date: e.g. 7 May 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signed, applicant or solicitor). To The Respondent: (address) TAKE NOTICE: A directions hearing in this appeal 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 counsel or solicitor, directions may be given and order made in your absence. Before taking any step in the proceeding or attending at the directions 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 notice of appeal, with its notice of the directions hearing, 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). Form 58B PETITION UNDER PART IX OF THE PATENTS ACT (Order 54B, rule 10) (As to parties, see Order 54B, rule 10 (1)) (If there is no respondent at the time the Petition is filed, delete references in Form 58B to the Respondent and to the filing of an appearance, but retain details of directions hearing. All Petitions must be served on the Commissioner: see Order 54B rule 10 (1).) BETWEEN: A.B. Applicant and C.D. Respondent PETITION Proceed as required by the Rules; for example, in proceedings under s.90 of the Patents Act for orders under section 94 of the Patents Act, set out - (1) on 19 , Patent No. . . . . . . . was granted to the applicant for an invention entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) the history of the art with special reference to the invention; (3) the special utility and advantages of the invention; (4) the circumstances under which the patent was obtained and the rights of the applicant created; (5) all information relating to foreign patents; (6) the rights of third parties, such as licensees, etc; (7) the difficulties with which the applicant has had to contend in getting the invention taken up; (8) the fact of inadequate remuneration, generally stated without special reference to accounts. (9) annexed hereto marked "A" is a copy of the advertisement published in the Official Journal on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The applicant cliams (specify the relief claimed). Date: eg 7 May 19 . . . . . . . . . . . . . . . . . . . . (Signed, applicant or solicitor) To the Respondent: (address) TAKE NOTICE: A directions hearing in these proceedings 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, directions may be given and orders made in your absence. Before taking any step in the proceedings or attending at the directions hearing you must file an appearance in the Registry. Time of directions hearing: (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 petition, with its notice of the directions hearing, 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). Form 58C CAVEAT UNDER REGON 91 OF THE PATENTS ACT (Order 54B, rule 10 (6)) CAVEAT (1) Let nothing be done towards the grant of an extension of the term of Patent No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . without notice to me. (2) My interest is based on the following facts . . . . . . . . . . . . . . . . (3) My address for service is . . . . . . . . . . . . . . . . . . . . . . . . . Dated (Name and address of caveator) (Signature of caveator or solicitor) To the Registrar, Federal Court of Australia FORM 58D PETITION UNDER PART XI OF THE PATENTS ACT (Order 54B, rule 11) (As to parties, see Order 54B, rule 11) BETWEEN: A.B. Applicant and C.D. Respondent PETITION Proceed as required by the Rules - (1) Setting out that on 19 , (standard or petty) Patent No. ( ) was granted to the invention entitled ( ), (2) identifying, in the case of a standard patent, the claims of the complete specification in relation to which revocation of the patent is sought, and (3) specifying those of the grounds in s.100 of the Patents Act upon which revocation is sought, and giving the particulars required by s.166 of the Patents Act and rule 13 of this Order, (4) specifying the relief claimed. Date: eg. 7 May 19 . . . . . . . . . . . . . . . . . . . . (Signed, applicant or solicitor) To the Respondent: (address) TAKE NOTICE: A directions hearing in these proceedings 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, directions may be given and orders made in your absence. Before taking any step in the proceedings or attending at the directions hearing 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 petition, with its notice of the directions hearing, 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).". - NOTES 1988 No. 54*1* THE FEDERAL COURT OF AUSTRALIA RULES*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 22 April 1988. *2*Statutory Rules 1979 No. 40 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 14 and see also Statutory Rules 1988 No. 14.