Federal Court Rules 2011

A party to an arbitral proceeding who wants an order under section 23F or 23G of the International Arbitration Act must file:

if a proceeding has not been started in relation to the arbitral proceeding—an originating application, in accordance with Form 57;

if a proceeding has been started in relation to the arbitral proceeding—an interlocutory application in that proceeding.

An application under subrule (1) must be accompanied by an affidavit stating the following:

the person against whom the order is sought;

the order sought;

the material facts relied on for the making of the order;

either:

if the application is made under section 23F—the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made; or

if the application is made under section 23G:

the date the arbitral tribunal’s mandate was terminated; and

the terms of the request made to the arbitral tribunal for disclosure of the confidential information and the date the request was made; and

the terms of the arbitral tribunal’s refusal to make the order and the date the refusal was made.