Commonwealth Numbered Regulations

1988 No. 54 THE FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - FIRST SCHEDULE

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).".