Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.14

Applications for order in terms of an award

  (1)   A party may apply to the Court for an order in the terms of the award if:

  (a)   the matter has not been referred to the arbitrator by the Court; but

  (b)   the matter is a matter in which the Court has original jurisdiction.

  (2)   A party who wants to make an application under subrule (1) must file an originating application, in accordance with Form 50.

  (3)   The application must be accompanied by:

  (a)   a copy of the arbitration agreement; and

  (b)   a copy of the award; and

  (c)   an affidavit stating:

  (i)   the material facts demonstrating why the Court has original jurisdiction in the matter that is the subject of the award; and

  (ii)   the extent to which the award has not been complied with, at the date the application is made; and

  (iii)   the usual or last - known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last - known registered office of the company.

  (4)   The application may be made without notice.

Note:   Without notice is defined in the Dictionary.

Rules   28.15-28.20 left blank


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