Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 4 RULE 15

15. (1) This rule operates only for so long as paragraph 342 (2) (a) of the
Act specifies the making of a rule as a condition precedent to the grant of
financial assistance.

(2) A proceeding under sections 208 or 209 of the Act must be by rule, in
accordance with Form 6, calling upon the person or organisation concerned to
show cause why the order should not be made.

(3) An application for a rule under subrule (2) may be made to a Judge ex
parte supported by an affidavit verifying the facts upon which the application
is based.

(4) The affidavit in support of an application under section 208 of the Act
must set forth:

   (a)  the rule, or rules, of the organisation, to which the application
        relates;

   (b)  the nature of the order sought; and

   (c)  a short statement of the reasons relied on by the applicant.

(5) The affidavit in support of an application under section 209 of the Act
must set forth:

   (a)  the rule or rules of the organisation the performance or observance of
        which is in question;

   (b)  the nature of the order sought; and

   (c)  a short statement of the grounds relied on by the applicant as
        establishing the obligation of the person against whom the order is
        sought to perform or observe the rule or rules in question.

(6) As soon as practicable after an application for a rule specified in
subrule (1) is granted, the applicant shall file the rule and the supporting
affidavit with the Registrar.