Commonwealth Numbered Regulations

1995 No. 449 FEDERAL COURT RULES (AMENDMENT) - RULE 30

30.1 Form 31A: Omit "subsection 89 (2) of the Life Insurance Act 1945.",
substitute "subsection 202 (3) or subsection 215 (1) of the
Life Insurance Act 1995.".

30.2 Form 41: Subparagraph (c) (iii): Omit all the words after "book,",
substitute "including a ledger, day-book, cash book, account book or other
accounting record used in the ordinary business of the bank, you need not
produce it if you produce proof of the relevant entries in accordance with
section 48 of the Evidence Act 1995; and".

30.3 Form 43: Subparagraph (c) (ii): Omit all the words after "book,",
substitute "including a ledger, day-book, cash book, account book or other
accounting record used in the ordinary business of the bank, you need not
produce it if you produce proof of the relevant entries in accordance with
section 48 of the Evidence Act 1995; and".

30.4 Form 55A: Omit "(Order 53, rule 2 and Order 59, rule 1)", substitute:

"(Order 53, rule 2, Order 53B, rule 2 and Order 59, rule 1)".

30.5 Form 55B: Omit the Form, substitute:

"FORM 55B
APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE
OF APPEAL FROM TRIBUNAL
(Order 53, rule 7 and Order 53B, rule 4) IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
                                    No.               of 19 .

BETWEEN               A.B.                 Applicant

and
                      C.D.                 Respondent

APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE
OF APPEAL FROM TRIBUNAL 1. The applicant applies for an extension of time in
which to *file and *serve a notice of appeal from the *decision/*determination
of (specify Tribunal) constituted by (specify members constituting Tribunal)
given on (specify date) at (specify place) in which the Tribunal
*decided/*determined (specify decision or determination from which the appeal
is brought). 2. An extension of time is required because a notice of appeal
was not *filed and *served, as the case may be, within the *time/*times
specified in (specify provision or provisions of the Act limiting the time for
filing or service, or both, and allowing the Court to extend that time). 3.
The grounds of the application appear in the annexed affidavit.

* omit if inapplicable Date: eg. 7 May 19 (Signed, applicant or applicant's
solicitor) Time and date for hearing of application: (to be inserted by
Registry) Place: (address of Court) (Signed: District Registrar)".

30.6 New Form 93BA: After Form 93B, insert:

"FORM 93BA
AFFIDAVIT UNDER REGON 459E OF THE CORPORATIONS LAW
(Order 71, rule 36AB) (name of creditor) Creditor (name of company) Debtor
AFFIDAVIT On (date), I (name, address and occupation) say on oath: 1. (Set out
the matters referred to in paragraph (b) of subrule 36AB (1) of Order 71).
2. I believe that the amount of $         , being the *debt/*the total of the
amounts of the debts specified in the accompanying demand, is due and payable
by the debtor to the creditor. 3. (Set out the matters referred to in
paragraph (c) of subrule 36AB (1) of Order 71). 4. I believe that there is no
genuine dispute about the existence or amount of the* debt/*debts referred to
in paragraph 2.

* omit if inapplicable
SWORN at:               )

before me:              )
Justice of the Peace (IMPORTANT NOTE: 1. This affidavit accompanies a
statutory demand under section 459E of the Corporations Law. 2. *No
proceedings/*No winding up proceedings have been commenced in respect of the
debt to which this affidavit relates. 3. Any questions relating to this
affidavit or any debt to which it relates should be directed either to the
person named as creditor or the creditor's solicitors.)".

* omit if inapplicable

30.7 Form 94: Omit the Form, substitute:

"FORM 94
AFFIDAVIT VERIFYING DEBT UNDER REGON 459Q OF THE CORPORATIONS LAW
(Order 71, subrule 37 (4)) (heading in Form 75) On (date), I (name, address
and occupation) say on oath: 1. (Set out the matters referred to in paragraph
(c) of subrule 37 (6) of Order 71).
2. I believe that the amount of $         , being the *debt/*total of the
amounts of the debts specified in the statutory demand served on the
respondent, is due and payable by the respondent to the applicant. 3. (Set out
the matters referred to in paragraph (d) of subrule 37 (6) of Order 71). 4. I
believe that there is no genuine dispute about the existence or amount of the*
debt/*debts referred to in paragraph 2. 5. The respondent has failed to pay
the said amount to the applicant or to secure or compound for that amount to
the reasonable satisfaction of the applicant.

* omit if inapplicable
SWORN at:               )

before me:              )
Justice of the Peace".

30.8 Forms 138A, 139 and 140: Omit the forms.