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s 34.06

Application for rule to show cause

In force
Chapter 3Original jurisdiction—special classes of proceedings
Part 34Other proceedings
Division 34.1Fair Work proceedings

34.06 Application for rule to show cause

(1)

A person who wants to make application for a rule to show cause must file an originating application, in accordance with Form 82.

(2)

The application must be accompanied by an affidavit stating the following:

(a)

for an application made under section 163 of the Registered Organisations Act:

(i)

the rule, or part of the rule, of the organisation that is alleged to contravene section 142 of the Registered Organisations Act;

(ii)

the ground on which the rule, or part of the rule, is alleged to contravene the section;

(iii)

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

(b)

for an application made under section 164 of the Registered Organisations Act:

(i)

the nature of the order sought by the applicant;

(ii)

each rule of the organisation the applicant seeks to have performed or observed by a person who is under an obligation to perform or observe the rule;

(iii)

the ground relied on by the applicant to establish the obligation of the person to perform or observe the rule;

(c)

for an application under section 164A of the Registered Organisations Act:

(i)

the nature of the order sought by the applicant;

(ii)

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

(iii)

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

(d)

for an application under section 167 of the Registered Organisations Act:

(i)

the nature of the order sought by the applicant;

(ii)

each rule of the organisation on which the application is based;

(iii)

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

(3)

An application for a rule to show cause may be made to the Court without notice.

Note:

Without notice is defined in the Dictionary.

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