Originating application for determination of the terms of the doing of an act under section 25(4) of the Circuit Layout Act 1989 (Form 95)

Section 25 of the Circuit Layouts Act 1989 allows the Commonwealth, or a person it authorises in writing, to do an act in relation to an eligible layout for the defence or security of Australia without infringing EL rights, if it has unsuccessfully taken all reasonable steps to get a licence from the owner on reasonable terms. The terms for doing the act are those agreed between the Commonwealth and the owner (or exclusive licensee) or, in default of agreement, determined by the Federal Court on the application of either of them (s 25(4), (7)). Rule 34.33 of the Federal Court Rules 2011 requires that application to be made by originating application in Form 95.

When you need it

• The Commonwealth (or a person it authorised) has done, or will do, an act in relation to your eligible layout for defence or security, and you cannot agree terms.
• You are the Commonwealth and want the Court to determine the terms in default of agreement.
• You are an exclusive licensee of the EL right, who stands in the owner's place under s 25(7).

1. 1

   Heading

   Insert the District Registry, Division and applicant and respondent names, using the schedule if needed.

2. 2

   Leave the hearing details to the Registry

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

3. 3

   The determination sought

   In the claim paragraph, choose whether the act was done by the Commonwealth or by the Applicant (where the applicant is the Commonwealth or its authorised person), and describe the act.

4. 4

   Details of the eligible layout

   Give enough particulars to identify the eligible layout in which EL rights are claimed.

5. 5

   Address, service and signature

   Give the address for service, email and residential or business address, choose the service option, and sign as the Applicant or lawyer.

• File the application with a statement of claim or affidavit setting out the material facts, including the act done and the attempts to agree terms (r 8.05). eLodgment is the Court's electronic filing system. A filing fee applies - check the Court's current fee schedule.
• A Registrar fixes the return date and place and endorses them on the application (r 8.05, note 2).
• Serve the application and accompanying documents personally on each respondent at least 5 days before the first hearing (r 8.06).

• The Commonwealth must tell the owner as soon as practicable that the act has been done and give information the owner asks for, unless that would harm defence or security (s 25(3)). That information helps in fixing the terms.
• Acts done under s 25(1) are not counted in calculating the layout's protection period (s 25(6)).
• The Act's correct short title is the Circuit Layouts Act 1989, as printed on the official form.