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Form 85

Rule 34.07(5)

Originating application for inquiry relating to an election

No. of 20

Federal Court of Australia

District Registry: [State]

Division: [Division]

The application of [Name of Applicant]

Applicant

In the matter of an election for an office in [name of organisation or branch]

To [Registrar may endorse the name and address of any person to whom notice of this application must be given - if directed by the Court or a Judge]

The Applicant applies for the relief set out in this application.

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence.

You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding.

Time and date for hearing: [Registry will insert time and date]

Place: [address of Court]

Date:

Signed by an officer acting with the authority of the District Registrar

Applicant’s application

The Applicant is:

[Select one of these 3 options and delete others]
[*]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.

The Applicantapplies under section 200 of the Fair Work (Registered Organisations) Act 2000 for an inquiry into the alleged irregularities set outbelow that the Applicant claims have occurred in relation to the election specified in this application.

The Applicant relies on the facts stated in the accompanying affidavit.

Accompanying affidavit

This application must be accompanied by an affidavit stating briefly but specifically, the nature of the applicant’s claim and the material facts on which the claim is based.

Particulars of election

  1. Organisation or branch: [name]
  2. Office or offices: [title of each position for which the election was held]
  3. [*either]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]

Applicant’s address

The Applicant’s address for service is:

Place: [see rule 11.01]

Email:

The Applicant’s address is[if the Applicant is an individual - place of residence or business; if the Applicant is a corporation - principal place of business].

Date: [eg 19 June 20..]

Signed by [Name]
[Insert capacity: Applicant / Lawyer for the Applicant]

[* Delete if inapplicable]