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1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - SCHEDULE 1
FIRST SCHEDULE
(Order 1, rule 7)
FORM 1
HEAD OF DOCUMENT
(Order 41, rule 1) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
C.D.
Cross-claimant
A.B. and
E.F.
Cross-Respondents
FORM 2
ABBREVIATED ENTITLING OF DOCUMENT
(Order 41, subrule 1 (4)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B. and others
Applicants
C.D.
Respondent
and cross-claimants
FORM 3
DOCUMENT WHERE THERE IS NO RESPONDENT
(Order 41, subrule 1 (3)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
The application of A.B.
FORM 4
CONCLUSION OF DOCUMENT FOR SIGNATURE
(Order 41, rule 6)
Date: (e.g. 7 May, 19 ).
(Signed, applicant or solicitor or authorised representative).
FORM 5
APPLICATION
(Order 4, rule 1) Application under (specify the Act(s) and the section(s) on
which the application is based) On the grounds appearing in the accompanying
affidavit (or statement of claim) the applicant claims (where appropriate) 1.
2. etc. And . . . . And the applicant claims by way of interlocutory relief:
1. An order (or declaration) that (etc.) 2. etc. Date: (e.g. 7 May 19 ).
(Signed, applicant or solicitor or authorised representative). To the
respondent (address) A directions hearing in this application (and/or for the
applicant's claim for an interlocutory order) 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 or authorised representative, the
application may be dealt with and judgment may be given or an order made in
your absence. Before any attendance at that time 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 application is to be served has been
abridged by the Court to (time).) Date: (e.g. 7 May, 19 ). (Signed, Registrar)
The applicant's address for service is (specify address for service). The
applicant's address is (if a natural person-specify residence or place of
business; if a body corporate-specify principal place of business).
FORM 5A
APPLICATION
(Order 4, rule 17) On the grounds appearing in the accompanying affidavit, the
applicant claims: 1. 2.
Date: (e.g. 7 May 19 ).
(Signed, applicant or solicitor or authorised representative) To the
respondent (name and address) This application 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 or authorised representative, the application may
be dealt with and judgment may be given or an order made in your absence.
Before any attendance at that time 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 time for service has been abridged,
add:) The time by which this application is to be served has been abridged by
the Court to (time). Date (e.g. 7 May 19 ). (Signed, Registrar) The
applicant's address for service is (specify address for service)
FORM 6
RULE TO SHOW CAUSE
(Order 4, subrules 15 (2) and 16 (2)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
BETWEEN:
A.B.
Applicant
and
C.D.
Respondent
ORDER JUDGE: DATE OF ORDER: WHERE MADE: It is ordered that (name of
respondent) appear before the Industrial
Relations Court of Australia at in the State of on the
day of 19 at o'clock in the noon, to show cause why
(state nature of relief required) on the grounds or reasons set forth
in the affidavit of sworn the day of 19 and
filed herein. District Registrar Date Entered: And the Applicant claims by way
of interlocutory relief:
1. An order (or declaration) that (etc.).
2. etc.
Date: (e.g. 7 May 19 ).
(Signed, applicant or solicitor or authorised representative) To the
respondent (Name and address) A directions hearing (and/or the applicants'
claim for interlocutory relief) will be heard by the Court at the time and
place specified
above. If there is no attendance before the Court by you or by your
counsel or solicitor or authorised representative, the rule to show cause may
be dealt with and judgment may be given or an order made in
your absence. Before any attendance at that time you must file an
appearance in the Registry. The applicant's address for service is (specify
address for service).
FORM 7
STATEMENT OF CLAIM
(Order 4, rule 6, Order 11) 1.
(plead as required by the Rules) 2. The applicant claims the relief specified
in the application. (Particulars under Order 12 may be given as follows, for
example:
PARTICULARS OF FRAUD (or other appropriate heading) 1.
(state the relevant particulars) 2. (These particulars may appear in the
relevant place in the statement of facts or separately at the end of the
pleading, whichever is convenient.)
FORM 8
CROSS-CLAIM WHERE CROSS-CLAIM IS SERVED BEFORE DATE OF DIRECTIONS
HEARING APPOINTED IN APPLICATION
(Order 5, rules 5 and 8 and subrule 11 (6)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
C.D.
Cross-claimant
E.F.
Cross-respondent
CROSS-CLAIM 1.
(plead as required by the Rules) 2. The cross-claimant (C.D.) claims: 1.
(specify relief sought) 2. (particulars under Order 12 may be given in the
manner indicated in the prescribed form of Statement of Claim under Form 7.)
Date: (e.g. 7 May 19 ).
(Signed, applicant or solicitor or authorised representative) To (E.F.)
(address) A directions hearing in this application including this cross-claim
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 or
authorised representative, the cross-claim may be dealt with and judgment may
be given or an order made in your absence. Before any attendance at that time
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
cross-claim is to be served has been abridged by the Court to (time).
Date: (e.g. 7 May, 19 ).
(Signed, Registrar) The cross-claimant's address for service is (specify
address for service).
FORM 9
CROSS-CLAIM WHERE CROSS-CLAIM IS NOT SERVED BEFORE DATE OF
DIRECTIONS HEARING APPOINTED IN APPLICATION
(Order 5, rules 5 and 8 and subrule 11 (6)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
C.D.
Cross-claimant
E.F.
Cross-respondent
CROSS-CLAIM 1.
(plead as required by the Rules) 2. The cross-claimant (C.D.) claims: 1.
(specify relief sought) 2. (particulars under Part II may be given in the
manner indicated in the prescribed form of statement of Claim under Form 7.)
Date: (e.g. 7 May, 19 ).
(Signed, cross-claimant or solicitor or authorised representative) To (E.F.)
(address) Judgment may be given or an order made unless the prescribed form of
notice of your appearance is received in the Registry within 14 days after
service of this statement of cross-claim on you and you comply with the Rules
of Court relating to your defence.
Date: (e.g. 7 May, 19 ).
(Signed, Registrar) The cross-claimant's address for service is (specify
address for service).
FORM 10
DEFENCE AND CROSS-CLAIM AGAINST A PARTY
(Order 5, subrules 5 (2) and (3)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
C.D.
Cross-claimant
E.F.
Cross-respondent
DEFENCE AND CROSS-CLAIM Defence 1.
(plead as required by the Rules) 2. Cross-claim 1.
(plead as required by the Rules) 2. The cross-claimant C.D. claims: 1.
(specify the relief claimed) 2.
(particulars as in Form 8) (follow the prescribed form of conclusion of
documents for use by a party, Form 4.)
FORM 11
NOTICE FOR PLEADINGS
(Order 5, rule 6) To: (name of cross-claimant): (name of cross-respondent)
requires you to serve upon him or her, within 3 days after service of this
notice on you, copies of all pleadings (or as the case may require) filed
before the filing of your cross-claim. (follow the prescribed form of
conclusion of documents for use by a party, Form 4)
FORM 12
NOTICE OF SERVICE AT DOCUMENT EXCHANGE
(Order 7, rule 7) The (applicant) may be served at the following exchange box
in (insert name of capital city) of (insert name of document exchange). (name
of solicitor or authorised representative whose exchange box it is) (exchange
box number)
FORM 14A
REQUEST TO COURT FOR SUBSTITUTED* SERVICE IN
NON-CONVENTION COUNTRY
(Order 8, subrules 14 (1) and 16 (2))
I, (insert name)
request that (identify document(s) to be served)
be transmitted through the diplomatic channel to (insert name of country) for
service*/substituted service* on the respondent (insert name of respondent) at
(insert address for service) or elsewhere in (insert name of country) . I
personally undertake to be responsible for all expenses incurred by
the Commonwealth in respect of the requested service and, on receiving due
notification of the amount the expenses, will pay the amount to the
Commonwealth and will produce the receipt for that payment to the proper
officer of the Industrial Relations Court of Australia. Dated
....................................... (Signature of solicitor)
* Omit if inapplicable
FORM 14B
REQUEST FOR TRANSMISSION OF NOTICE TO
A FOREIGN GOVERNMENT
(Order 8, subrules 14 (2) and 16 (3)) The Chief Justice of the Industrial
Relations Court of Australia requests the Secretary of the Attorney-General's
Department to transmit to the government of (insert name of country) the
following documents: with the requests that:
(a) the documents be served personally*/by substituted service* on (insert
name of respondent) against whom these proceedings have been taken
in the Industrial Relations Court of Australia; and
(b) evidence of service of the documents be officially certified or
declared (on oath or otherwise) to this Court in such manner as is
consistent with usage or practice of the courts in (insert name of
country) in proving service of legal process.
*The Chief Justice further requests that, if efforts to effect personal
service of the documents prove ineffectual, the government or court of (insert
name of country) be requested to certify or declare (on oath or otherwise) to
this Court that fact. Dated
* Omit if inapplicable.
FORM 14C
ORDER PERMITTING REQUEST FOR SUBSTITUTED SERVICE IN
NON-CONVENTION COUNTRY
(Order 8, subrule 16 (1)) It is ordered, on reading the
certificate*/declaration* (insert description of certificate/declaration) that
the applicant be permitted to request the Court to request substituted service
of (insert description of document(s) to be served) on the respondent at
(insert address for service) or elsewhere in (insert name of country)
and that the respondent have days after the substituted
service within which to enter an appearance. Dated
FORM 15
NOTICE OF APPEARANCE
(Order 9, rule 4) (A.B.) of (address) (occupation) appears. (if a
person under disability) His or her tutor is (C.D.) (add other notices, for
example, under Order 5, rule 6, relating to notice for pleadings.) Solicitor
or authorised representative: (name)
(address) Telephone: (number) Solicitor's agent: (name)
(address) Telephone: (number) Address for service: (the office of the
solicitor or authorised representative, or as the case may be-see
Order 7, rule 6.) (follow the prescribed form of conclusion of
documents for use by a party, Form 4.) (This notice of appearance may
be added to a notice of motion of a person applying to be added as a
respondent, for example, under Order 7, subrule 8 (1).) (Where, under
Order 9, rule 6, a respondent wishes to enter a conditional
appearance, insert "conditionally" after "appears".)
FORM 16
DEFENCE
(Order 11, rule 20) (plead as required by the Rules, for example:) 1. The
respondent denies (etc.) (or) (where one of two or more respondents:)
DEFENCE OF (A.B.) 1. This respondent denies (etc.) (follow the prescribed form
of conclusion of documents for use by a party, Form 4.)
FORM 17
REPLY
(Order 11, rule 22) (plead as required by the Rules and see Order 11 relating
to joinder of issue.)
FORM 18
REPLY AND DEFENCE TO CROSS-CLAIM
(Order 11, subrule 22 (2))
REPLY
(plead as required by the Rules.)
DEFENCE TO CROSS-CLAIM
(plead as required by the Rules.)
FORM 19
NOTICE OF AMENDMENTS
(Order 13, rule 8)
The (describe document) was amended on (e.g. 7 May, 19 ), under an
order made on, 19 pursuant to (Order ,rule )
by:
omitting: " "
(omitting : " " and inserting: " ")
(inserting : " ").
FORM 20
AFFIDAVIT
(Order 14, rule 2)
On (e.g. 7 May, 19 ), I (name, address and occupation) say on oath:
1. 2.
Sworn at :
before me:
FORM 21
NOTICE FOR DISCOVERY
(Order 15, rule 1) To the respondent: The applicant requires you to give
discovery of documents with
verification within days after service of this notice on you.
FORM 22
LIST OF DOCUMENTS
(Order 15, rule 6) Pursuant to notice filed (or order made) on (e.g. 7 May, 19
), the party says: 1. The party has in his or her possession, custody or
power, the document(s) enumerated in Schedule 1. 2. The documents enumerated
in Part 2 of Schedule 1 are privileged from production on the ground:
(a) as to documents numbered (e.g. 4 to 7) inclusive, that (state the
ground);
(b) as to documents numbered (e.g. 8 and 9), that (state the ground). 3.
The party has had, but does not now have, in his or her possession,
custody or power, the document(s) enumerated in Schedule 2. 4. The
document numbered 10, referred to in Schedule 2:
(a) was last in the respondent's possession, custody or power on (state
when); or
(b) (state what has become of it); or
(c) to the best of the respondent's knowledge, information and belief
(state in whose possession, custody or power it is and where it is).
5. To the best of the respondent's knowledge, information and belief,
neither the respondent nor his or her solicitor nor authorised
representative, nor any other person on the respondent's behalf, has
now, or ever had, in his or her possession, custody or power, any
document relating to any matter in question between the applicant and
the respondent (to be altered according to the terms of any order made
under Order 15, rule 5), other than the documents enumerated in
Schedule 1 and 2. (Describe each document in the schedules as original
or copy, see Order 18, rule 3.)
SCHEDULE 1
Part 1 1. 2. 3.
Part 2 4. 5. 6. 7. 8. 9.
SCHEDULE 2 10. (Follow the prescribed form of conclusion of documents for use
by a party, Form 4.) AFFIDAVIT
On, 19 , I, (name) say on oath:
1. I am the respondent. FIRST SCHEDULE-continued 2. 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 or authorised representative
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.)
AFFIDAVIT
On, 19 , I (name) , of (address)
(occupation) say on oath:
1. I am the secretary of the respondent and am authorised to make this
affidavit on its behalf. 2. (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: 1.
(state each fact) 2. The applicant requires you to admit, for the purpose of
these proceedings only, the authenticity of the following documents: 1.
(describe each document) 2. 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 ).
1.
(state each fact) 2. 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 ). 1.
(describe each document) 2. The respondent admits: 1.
(state each fact or describe each document) 2.
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: 1.
(state concisely the nature of each order which is sought
but not the grounds on which the order is sought)
2.
(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 or authorised representative 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)) THE COURT ORDERS THAT:
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: 1. 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)). 2. 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. 3. 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
(Order 24, paragraph 1 (b)) THE COURT ORDERS THAT: 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 1. Date: e.g. 7 May 19 . 2. Receiver: (name) (address for service)
3. Guarantor: (name) (address for service) 4. 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
(Order 27, rule 2) To (name) (address) 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).
SCHEDULE
(description) Date: e.g. 7 May, 19 .
By the Court
(signature and description of officer of the Court) 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
authorised representative (or as the case may be).
FORM 42
SUBPOENA TO GIVE EVIDENCE
(Order 27, rule 2)
To (name)
(address) 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. Date: e.g. 7 May, 19 . By the Court
(signature and description of officer of the Court) 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 authorised representative (or as the case may
be).
FORM 43
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
(Order 27, rule 2)
To (name)
(address) 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).
SCHEDULE
(description)
Date: e.g. 7 May, 19 .
By the Court
(signature and description of officer of the Court) 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
authorised representative (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. To: (name of party)
(address for service of party)
(Signature of requesting party or
the party's solicitor or authorised representative)
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
(Order 33, rule 14) THE COURT ORDERS THAT: 1. 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. 2. 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)
THERE IS NO FORM 46A
FORM 46B
ORDER
(Order 33, rule 15) THE COURT ORDERS THAT: 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
(Order 36) JUDGE(S): DATE OF ORDER: WHERE MADE: THE COURT ORDERS (OR DECLARES)
THAT: 1. 2. 3.
DISTRICT REGISTRAR Date Entered:
FORM 47A
CERTIFICATE OF JUDGMENT
(Order 36, subrule 11 (3))
Causes of The rate Amount Amount Particulars Date of
action to of interest payable of costs (if any) trial
which the (if any) under the ordered to required
judgment payable judgement be paid by a
relates on any on date of under the foreign
amount issue of judgment tribunal
payable certificate in which
under the it is
judgment proposed to
register or
enforce the
judgment
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 .
Registrar
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). Date: e.g. 7 May, 19 .
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). Date: e.g. 7 May, 19
. 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). SCHEDULE
(description) Date: e.g. 7 May, 19 . (signature) Claimant's solicitor or
authorised representative 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: 1. (state offence)
The particulars of the charge are: 2. (state particulars in accordance with
Order 49, paragraph 2 (1) (b)) 3. 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 . Registrar
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: Date: e.g. 7 May, 19 . Registrar
FORM 53
NOTICE OF A CONSTITUTIONAL MATTER UNDER REGON 78B OF THE
JUDICIARY ACT 1903
(Order 51) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
NOTICE OF A CONSTITUTIONAL MATTER 1. (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. 2.
3. (specify the nature of the matter.) 4. 5. (specify if the facts showing the
matter is one to which section 78B of the Judiciary Act 1903 applies.)
(Conclude in accordance with Form 4)
FORM 53A
NOTICE OF PROCEEDING
(Order 51A, rule 2; Order 51B. rule 2) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
On remittal from the High Court of Australia
A.B.
Applicant
C.D.
Respondent
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
or authorised representative, 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: Place: (address of Court) Date of notice: (e.g. 5 May 1984) (Signed,
Registrar)
FORM 54
APPLICATION FOR LEAVE TO APPEAL
(Order 52, rule 4) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
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)
(Conclude in accordance with Form 4)
FORM 54A
APPLICATION FOR LEAVE TO FILE AND SERVE OUT OF TIME
(Order 52, subrule 15 (3)) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No. of 19 .
A.B.
Applicant
C.D.
Respondent
APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE OF APPEAL 1. 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). 2. 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.
3. This application will be heard by the Court at on
(place and date to be inserted by the Registrar). 4. The grounds of the
application appear in the annexed affidavit. Date:
(Signed, applicant, or as the, case
may be, or his/her solicitor or authorised representative)
FORM 55
NOTICE OF APPEAL
(Order 52, rule 12) IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
DISTRICT REGISTRY No of 19 .
On appeal from (specify Court or Judge) BETWEEN:
A.B.
Applicant
and
C.D.
Respondent
NOTICE OF APPEAL 1. 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)
2. The appeal is brought pursuant to leave granted on (specify date).
GROUNDS: 3.
(specify grounds of appeal) 4. 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).
(Conclude in accordance with Form 4)
THERE ARE NO FORMS 56 TO 128
INCLUSIVE
FORM 129
APPLICATION TO COMMENCE A REPRESENTATIVE PROCEEDING
(Order 73, rule 3) (Heading in Form 1)
1. This application is brought by the applicant as a representative party.
2. 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).
3. 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).
4. The questions of law or fact common to the claims of the group members are
(see paragraph 439 (1) (c) of the Industrial Relations Act 1988 ).
5. 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 or authorised
representative
FORM 130
NOTICE OF CONSENT TO BE A GROUP MEMBER
(Order 73, rule 4)
(Heading in Form 1) 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 or authorised representative 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)
(Heading in Form 1) 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.
Date: e.g. 7 May 19 .
Signature of group member or his or her solicitor or authorised
representative Address of group member:
FORM l32 CLAIM OF UNLAWFUL TERMINATION OF EMPLOYMENT-APPLICATION FOR A REMEDY
(Order 75, subrule 3 (1))
Industrial Relations Court of Australia Court use only
file
number
Claim of unlawful termination of employment date
-application for a remedy received
Industrial Relations Act 1988 (Cth) section 170EA-form 132 application by the
employee alone o union o - give name of union: Details of employee
1 full name Mr o Mrs o Ms o
Family name given names
2 home address postcode
3 phone (business hours) ( ) (after hours) ( )
4 date of birth day/month/year
5 first language English o other o (specify)
Details of employment
6 employer's name
7 employer's trading address or registered office
postcode
phone ( ) fax ( )
8 work performed for employer (occupation)
9 place of work suburb/town postcode
10 period of employment date started work last date worked
/ / / /
11 were you given a written notice of termination? No o Yes o - I attach a
copy Details of union
12 Is your union acting on your behalf? No o go to 16
Yes o go to 13 13 name of union
14 address postcode
15 contact person - name
- phone
( ) fax ( )
Details of solicitor 16. Is a solicitor representing you?
No o go to 20 Yes o go to 17
17 solicitor's name 18 name of solicitor's firm
19 address postcode
DX
phone ( ) fax ( )
Notices from the Court
20 Where do you want notices from the Court sent?
address in 2 o union in 13-15 o solicitor in 17-19 o
other o give details
Remedy sought
21 What are you asking the Court for?
reinstatement o compensation o
other o - give details Declaration
I declare that all the facts If a union is applying on behalf
in this application are correct of the employee, a union
and complete to the best of representative must sign here
my knowledge and belief. I understand that the Court usually arranges for
conciliation or mediation first. If the matter is settled at a conciliation or
mediation conference, it will not be necessary to go to Court.
signature for union date
/ /
The employee must sign this declaration*
name (print) position
signature of employee date
/ / If a solicitor or authorised
representative has prepared the
application, that person must sign
here
*Note: The application need not be signed by the employee if the Registrar is
satisfied that obtaining the employee's signature would cause undue difficulty
or delay AND the claim is made by a trade union on the employee's behalf, or
the application has been prepared by a solicitor or an
authorised representative under section 469 of the Act.
signature of solicitor or
authorised representative date
/ /
name (print) position
FORM l33
CLAIM OF UNLAWFUL TERMINATION OF EMPLOYMENT-NOTICE OF
EMPLOYER'S APPEARANCE
(Order 75, subrule 4 (1)) Industrial Relations Court of Australia Claim of
unlawful termination of employment
-notice of employer's appearance Industrial Relations Act 1988 (Cth) section
170EA-form 133
1 File number as on application
Family name given names
2 Employee's full name as on application
Details of employer
3 full name
4 Has the employee given your name correctly?
Yes o No o-it is as in (3)
5 address
6 contact person
- name
- phone Family name given name
( ) fax ( )
7 type company o partnership o
sole trader o government
authority o cooperative o
club o other o specify
8 Are you the true employer? Yes o No o-Who is? Give
details Details of representative
9 Is anyone representing you? No o go to 14
Yes o-solicitor o
employer organisation o 10 name of solicitor's firm or of employer
organisation 11 address
(postcode) DX 12 solicitor or contact person
13 phone ( ) fax ( )
Address for notices 14 Where do you want notices from the Court sent?
address in 4-5 o
solicitor in 10-12 o employer
organisation in 10-12 o Declaration
All the facts in this notice are correct employer o solicitor o
and complete to the best of my employer organisation o
knowledge and belief
signature date
/ /
name (print)
position
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