Commonwealth Numbered Regulations

1989 No. 318 FEDERAL COURT RULES (AMENDMENT) - RULE 5

5. Rule 16 of Order 4 of the Federal Court Rules is repealed and the following
rule substituted. Proceeding under section 261 of the
Industrial Relations Act 1988

"16. (1) This rule shall operate only for so long as paragraph 342 (2) (q) of
the Industrial Relations Act 1988 specifies the making of a rule as a
condition precedent to the grant of financial assistance.

"(2) A proceeding under section 261 of the Industrial Relations Act 1988 shall
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 specified in 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 261 of the
Industrial Relations Act 1988 shall set forth:

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

   (b)  the nature of the orders sought; and

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