Notice of address for service (Form 10)

A respondent who has been served with an originating application must file a notice of address for service, in accordance with Form 10, before the first directions hearing or the hearing, whichever is earlier (r 5.02). It must also be filed before the person files any other document in the proceeding (r 11.06). The address for service is where documents in the case can be left during ordinary business hours and posted (r 11.01(1)). The same form is used whenever the Rules require a notice of address for service, for example where a party's lawyer has ceased to act (r 4.05(2)) or a respondent is served with an application for leave to appeal (r 35.17).

When you need it

• You have been served with a Federal Court originating application as a respondent and want to take part in the case. Forms such as Form 79 and Form 118 remind respondents to file Form 10 before attending court.
• Your lawyer has filed a notice of ceasing to act: you must file a notice of address for service within 5 days after that notice is filed (r 4.05(2)).
• You ended your lawyer's retainer and will now act for yourself (r 4.04(2), together with Form 6).
• You were served with an application for leave to appeal or for an extension of time: file within 14 days after service and before taking any step (r 35.17).

1. 1

   Copy the heading

   Insert the file number, District Registry, Division and party names from the originating application you were served with (rr 2.13, 2.14).

2. 2

   Identify yourself

   Give your name, your address and your role in the proceeding, for example First Respondent.

3. 3

   Give a place for service

   This must be an address in Australia where documents can be left during ordinary business hours and to which they can be posted (r 11.01(1)). If you have a lawyer with general authority to act for you, it must be the lawyer's address (r 11.01(2)).

4. 4

   Add an email address

   If you are not represented and give an email address, you agree to receive documents there (r 11.01(5)). If you are represented, documents can be sent to your lawyer's email address (r 11.01(4)).

5. 5

   Date and sign

   Sign as the party or as the party's lawyer (r 2.15) and complete the details at the foot of the front page required by rule 2.16.

• File before the first directions hearing or hearing, whichever is earlier (r 5.02), and before you file any other document (r 11.06).
• File it in the existing proceeding, usually through eLodgment using the file number on the documents served on you. Rule 2.21 also allows lodging at a Registry, by post and by fax.
• As soon as practicable after filing, serve a stamped copy on each other party (r 11.08).
• A notice of address for service for a corporation must be filed by a lawyer (r 11.02).

• Use an address you check. Anything left or posted there counts as served on you.
• If your address for service changes later, file a notice of change in Form 28 and serve it on each party as soon as reasonably practicable (r 11.09).
• If you do not contest the relief claimed, a submitting notice (Form 29, r 12.01) may be the better document, but you still need an address for service.