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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.06 Application for rule to show cause

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.06

Application for rule to show cause

         (1)   A person who wants to make application for a rule to show cause must file an originating application, in accordance with Form 82.

         (2)   The application must be accompanied by an affidavit stating the following:

                (a)    for an application made under section 163 of the Registered Organisations Act:

                          (i)    the rule, or part of the rule, of the organisation that is alleged to contravene section 142 of the Registered Organisations Act;

                         (ii)    the ground on which the rule, or part of the rule, is alleged to contravene the section;

                        (iii)    the facts and other reasons relied on by the applicant in support of the application;

               (b)    for an application made under section 164 of the Registered Organisations Act:

                          (i)    the nature of the order sought by the applicant;

                         (ii)    each rule of the organisation the applicant seeks to have performed or observed by a person who is under an obligation to perform or observe the rule;

                        (iii)    the ground relied on by the applicant to establish the obligation of the person to perform or observe the rule;

                (c)    for an application under section 164A of the Registered Organisations Act:

                          (i)    the nature of the order sought by the applicant;

                         (ii)    each rule of the organisation the breach of which the application seeks to rectify;

                        (iii)    the facts and other reasons relied on by the applicant in support of the application;

               (d)    for an application under section 167 of the Registered Organisations Act:

                          (i)    the nature of the order sought by the applicant;

                         (ii)    each rule of the organisation on which the application is based;

                        (iii)    the facts and other reasons relied on by the applicant in support of the application.

         (3)   An application for a rule to show cause may be made to the Court without notice.

Note    Without notice is defined in the Dictionary.