Commonwealth Numbered Regulations

FEDERAL COURT AMENDMENT RULES 2003 (NO. 2) 2003 NO. 78 - SCHEDULE 1

(rule 3)

[1] Order 7, paragraph 2 (1) (d)

omit

268 of

insert

233 of Schedule 1B to

[2] Order 48, rule 1, before definition of Workplace Relations Act

insert

"RAO Schedule" means Schedule 1B to the Workplace Relations Act.

[3] Order 48, rule 5, definition of rule to show cause

omit

208, 209 or 261 (8) of the Workplace Relations Act

insert

163, 164 or 164A, or subsection 167 (2) of the RAO Schedule

[4] Order 48, rule 5, notes 1, 2 and 3

substitute

Note 1
Under section 163 of the RAO Schedule, a member of an organisation may apply to the Court for an order declaring that the whole or a part of a rule of the organisation contravenes section 142 of the RAO Schedule (which states general requirements for rules), or that the rules of the organisation contravene section 142 of the RAO Schedule in a particular respect.
Note 2
Under section 164 of the RAO Schedule, a member of an organisation may apply to the Court for an order giving directions for the performance or observance of any of the rules of the organisation by any person who is under an obligation to perform or observe the rules.
Note 3
Under section 164A of the RAO Schedule, a member of an organisation may apply to the Court for an order directing 1 or more persons (who may be, or include, the person who has breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practical, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred. The Court may make such an order if satisfied that a person who was under an obligation to perform or observe the rule or rules of the organisation has acted unreasonably in so breaching the rule or rules.
Note 4
Under subsection 167 (1) of the RAO Schedule a person or organisation may apply to the Court for a declaration as to the entitlement of a person to be admitted as a member of the organisation or to remain a member of the organisation. Under subsection 167 (2) of the RAO Schedule, the Court may make an order to give effect to a declaration made under that subsection.

[5] Order 48, subrule 6 (2)

substitute

(2) However, this Division does not apply unless the granting of a rule to show cause is necessary, under paragraph 324 (2) (a) or (q) of the RAO Schedule, for the Minister to authorise payment of financial assistance to an applicant for an order under section 163, 164 or 164A, or subsection 167 (2) of the RAO Schedule.

[6] Order 48, rule 7, heading

substitute

7 Requirements of applications (Act, s 163, 164, 164A and 167)

[7] Order 48, subrule 7 (3)

omit

208 of the Workplace Relations Act,

insert

163 of the RAO Schedule,

[8] Order 48, paragraph 7 (3) (a)

omit

196 of that Act;

insert

142 of the RAO Schedule;

[9] Order 48, subrule 7 (4)

omit

209 of the Workplace Relations Act,

insert

164 of the RAO Schedule,

[10] Order 48, after subrule 7 (4)

insert

(4A) If the application is made under section 164A of the RAO Schedule, the affidavit must state:

(a)

the nature of the order sought by the applicant; and

(b)

each rule of the organisation the breach of which the application seeks to rectify; and

(c)

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

[11] Order 48, subrule 7 (5)

omit

261 of the Workplace Relations Act,

insert

167 of the RAO Schedule,

[12] Order 48, paragraph 10 (a)

omit

218 of the Workplace Relations Act,

insert

200 of the RAO Schedule,

[13] Order 48, paragraph 10 (b)

substitute

(b)

an application, under subsection 69 (1) of the RAO Schedule, for an inquiry into an alleged irregularity in relation to a ballot conducted under Part 2 of Chapter 3 of the RAO Schedule; or

[14] Order 48, paragraph 10 (c)

omit

253ZJ of the Workplace Relations Act,

insert

94 of the RAO Schedule,

[15] Order 48, paragraph 10 (d)

omit

subregulation 98ZC (1) of the Workplace Relations Regulations,

insert

subsection 108 (1) of the RAO Schedule,

[16] Order 48, paragraph 10 (d)

omit

Division 7A of the Workplace Relations Act;

insert

Part 3 of Chapter 3 of the RAO Schedule;

[17] Order 48, paragraph 10 (e)

omit

253ZP (1) of the Workplace Relations Act,

insert

109 (1) of the RAO Schedule,

[18] Order 48, rule 10, notes 1 to 5

substitute

Note 1
Under regulation 82 of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 , an application mentioned in paragraph 10 (c) must be in accordance with Form 2 of those Regulations.
Note 2
Under regulation 107 of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 , an application mentioned in paragraph 10 (e) must be in accordance with Form 4 of those Regulations.

[19] Order 48, after rule 10

insert

10A Form of application for an inquiry or ballot

(1)

An application mentioned in paragraph 10 (a) must:

(a)

be in accordance with Form 50A; and

(b)

be accompanied by an affidavit stating the nature of the applicant's claim and the material facts on which the claim is based.

(2)

An application mentioned in paragraph 10 (b) must:

(a)

be in accordance with Form 50B; and

(b)

be accompanied by an affidavit stating the nature of the applicant's claim and the material facts on which the claim is based.

(3) An application mentioned in paragraph 10 (d) must:

(a)

be in accordance with Form 50C; and

(b)

be accompanied by an affidavit stating the nature of the applicant's claim and the material facts on which the claim is based.

[20] Order 48, paragraph 13 (1) (a)

omit

221 of the Workplace Relations Act,

insert

204 of the RAO Schedule,

[21] Order 48, paragraph 13 (1) (b)

omit

interim order to be made, under subregulation 98D (1) of the Workplace Relations Regulations,

insert

order to be made, under subregulation 77 (1) of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 ,

[22] Order 48, paragraph 13 (1) (b)

omit

Division 7 of the Workplace Relations Act.

insert

Part 2 of Chapter 3 of the RAO Schedule.

[23] Schedule 1, after Form 50

insert

Form 50A Application for inquiry relating to an election

(Order 48, subrule 10A (1))

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY No. of 20 .

In the matter of an election for an office in ( name of organisation or branch )
A.B.
Applicant

APPLICATION FOR INQUIRY RELATING TO AN ELECTION

The applicant, being:
* a member of the ( name of organisation );* or
* a person who, within the period of 12 months before the date of this application, has been a member of the ( name of organisation );* or
* the Electoral Commissioner*
applies under section 200 of Schedule 1B to the Workplace Relations Act 1996 for an inquiry into the alleged irregularities set out below that the applicant claims to have occurred in relation to the election specified in this application. The applicant relies on the facts stated in the affidavit accompanying this application.
Particulars of election
1. Organisation or branch: ( name )
2. Office or offices: ( title of each position for which the election was held )
3. The result of the election was declared on ( date )*
OR
The result of the election has not been declared.*
Particulars of alleged irregularities
1. ( Specify in numbered paragraphs the alleged irregularities .)
2.
3.
* Omit if inapplicable
Date:
( Signed, applicant or applicant's solicitor )
Appointment for hearing
This application has been set down for a directions hearing at the time and place stated below.
Time and date for hearing: ( to be entered by Registry unless fixed by Court )

Place: ( address of Court )

Date:
( Signed , Registrar )

The applicant's address for service is ( specify address for service ).

Version 1

Form 50B Application for inquiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996

(Order 48, subrule 10A (2))

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY No. of 20 .

In relation to a ballot of members of ( name of amalgamated organisation )
A.B.
Applicant

APPLICATION FOR INQUIRY RELATING TO A BALLOT UNDER PART 2 OF CHAPTER 3 OF SCHEDULE 1B TO THE WORKPLACE RELATIONS ACT 1996

The applicant, being:
* a member of the ( name of the organisation whose members were eligible to vote in the ballot );* or
* a person acting on behalf of a member of the ( name of the organisation whose members were eligible to vote in the ballot );* or
* the Electoral Commissioner*
applies under section 69 of Schedule 1B to the Workplace Relations Act 1996 for an inquiry into the alleged irregularities set out below that the applicant claims to have occurred in relation to the ballot specified in this application. The applicant relies on the facts stated in the affidavit accompanying this application.
Particulars of ballot
1. Ballot of members of ( name of organisation ) on the question whether:
* they approve the proposed amalgamation of that organisation with ( name of other organisation or organisations concerned in the amalgamation );*
* if the proposed amalgamation of that organisation with ( name of other organisation or organisations concerned in the amalgamation ) does not take place, they approve the amalgamation of ( name of first-mentioned organisation ) with the other organisations concerned in the amalgamation whose members give a like approval.*
2. The ballot was completed on ( date )*
OR
The ballot has not been completed.*
Particulars of alleged irregularities
1. ( Specify in numbered paragraphs the alleged irregularities. )
2.
3.
* Omit if inapplicable
Date:
( Signed , applicant or applicant's solicitor )
Appointment for hearing
This application has been set down for a directions hearing at the time and place stated below.
Time and date for hearing: ( to be entered by Registry unless fixed by Court )

Place: ( address of Court )

Date:
( Signed , Registrar )

The applicant's address for service is ( specify address for service ).

Version 1

Form 50C Application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1B to the Workplace Relations Act 1996

(Order 48, subrule 10A (3))

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY No. of 20 .

In relation to a ballot of members of ( name of amalgamated organisation )
A.B.
Applicant

APPLICATION FOR INQUIRY RELATING TO A BALLOT UNDER PART 3 OF CHAPTER 3 OF SCHEDULE 1B TO THE WORKPLACE RELATIONS ACT 1996

The applicant, being:
* a member of the ( name of organisation );* or
* a person who, within the period of 12 months before the date of this application, has been a member of the ( name of organisation );* or
* the Electoral Commissioner*
applies under section 108 of Schedule 1B to the Workplace Relations Act 1996 for an inquiry into the alleged irregularities set out below that the applicant claims to have occurred in relation to the ballot specified in this application. The applicant relies on the facts stated in the affidavit accompanying this application.
Particulars of ballot
1. Ballot of members of ( name of amalgamated organisation ) in respect of the proposed withdrawal from amalgamation of ( name of constituent part of amalgamated organisation ) from ( name of amalgamated organisation ).
2. The ballot was completed on ( date )*
OR
The ballot has not been completed.*
Particulars of alleged irregularities
1. ( Specify in numbered paragraphs the alleged irregularities .)
2.
3.
* Omit if inapplicable
Date:
( Signed , applicant or applicant's solicitor )
Appointment for hearing
This application has been set down for a directions hearing at the time and place stated below.
Time and date for hearing: ( to be entered by Registry unless fixed by Court )

Place: ( address of Court )

Date:
( Signed , Registrar )
The applicant's address for service is ( specify address for service ).

Version 1