Originating application for an interim order in relation to an inquiry concerning an election for an office in an organisation (Form 86)

Once the Federal Court has instituted an inquiry into an election for an office in a registered organisation or branch (ss 200, 201 of the Fair Work (Registered Organisations) Act 2009), section 204 lets it make interim orders. These include orders that no further steps be taken in the election or in carrying the result into effect, orders about who may or must not act in the disputed office, and orders appointing someone else to act. Rule 34.08(1) of the Federal Court Rules 2011 requires an originating application in Form 86. Rule 34.08(3) allows the application to be made without notice. An interim order continues until the proceeding about the election is completed, unless it is expressed to end earlier or is discharged (s 204(3)).

When you need it

• An inquiry into an election for office has been instituted and you need to stop further steps in the election or in giving effect to its result.
• There is a dispute about who should act in the office while the inquiry runs.
• The matter is urgent and you may need orders without notice (r 34.08(3)).

1. 1

   Heading

   Insert the District Registry, Division (Fair Work) and the applicant and respondent names. Delete the 'To the Respondent' section if there is no respondent.

2. 2

   Leave the hearing details to the Registry

   The Registry inserts the hearing time and place and any order shortening time for service.

3. 3

   Final relief

   Under 'Details of claim', the form states the application is under section 204. Specify in numbered paragraphs each order sought, using the categories in s 204(1), such as no further steps in the election or a named person acting in the office.

4. 4

   Interlocutory relief

   List any interlocutory orders sought in numbered paragraphs, or delete that section.

5. 5

   Address and service

   Give the address for service, email and residential or business address, and choose whether you intend to serve all, some or none of the respondents.

6. 6

   Date and sign

   Sign as the Applicant or lawyer.

• File the application with a statement of claim or affidavit setting out the material facts (r 8.05). eLodgment is the Court's electronic filing system. Check the Court's fee schedule for any filing fee.
• The application may be made without notice (r 34.08(3)). Where notice is given, serve the application and accompanying documents personally on each respondent at least 5 days before the first hearing, unless the Court shortens time (r 8.06).
• Urgent applications are dealt with under the Court's duty judge arrangements, referred to in E&IR-1.

• Interim orders depend on an inquiry having been instituted under s 201, so file the Form 85 application first or at the same time.
• Explain why the order is needed now and what harm would follow if the election or result proceeds.
• A person the Court orders may act in an office is taken to hold the office while the order is in force, despite the organisation's rules (s 204(2)).