Originating application for inquiry relating to an election (Form 85)

Section 200 of the Fair Work (Registered Organisations) Act 2009 lets a person who is, or within the previous 12 months has been, a member of an organisation apply to the Federal Court for an inquiry if they claim there has been an irregularity in an election for an office in the organisation or a branch. The Electoral Commissioner must apply if it believes an irregularity has affected the result, and may apply if it believes there has been an irregularity. Rule 34.07(5) of the Federal Court Rules 2011 requires an originating application in Form 85 and an affidavit stating, briefly but specifically, the nature of the claim and the material facts. If the Court is satisfied there are reasonable grounds, it fixes a time and place for the inquiry, which is then taken to have been instituted (s 201).

When you need it

• You are, or in the last 12 months were, a member of a registered organisation and claim there was an irregularity in an election for office.
• You are the Electoral Commissioner applying under s 200(2) or (3).
• The election is for an office. Section 200 does not apply to elections for positions that are not offices.

1. 1

   Heading

   Insert the District Registry, the applicant's name, and the organisation or branch in which the election was held. Proceedings arising solely under the Registered Organisations Act are instituted in the Fair Work Division of the Court (E&IR-1 para 2.2), so insert Fair Work as the Division.

2. 2

   Leave the hearing details to the Registry

   The Registry inserts the hearing time, date and place, and may endorse names of persons who must be notified if directed.

3. 3

   Say who the applicant is

   Choose member, person who was a member within the 12 months before the application, or the Electoral Commissioner, and delete the others.

4. 4

   Particulars of the election

   Name the organisation or branch, the title of each office the election was for, and the date the result was declared, or say it has not been declared.

5. 5

   Particulars of irregularities

   Set out each alleged irregularity in a numbered paragraph. The accompanying affidavit must state the nature of the claim and the material facts (r 34.07(5)(b)).

6. 6

   Address, date and sign

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

• File the application and affidavit together. eLodgment is the Court's electronic filing system. Check the Court's fee schedule for any filing fee.
• A Registrar fixes the return date and place and endorses them on the application for service (r 34.07, note).
• The Court may give directions so that everyone who may be entitled to appear is notified, and may authorise the General Manager of the FWC to take certain action (ss 201, 202).
• If you need the election paused or need orders about who acts in the office meanwhile, apply for interim orders in Form 86 (s 204; r 34.08(1)).

• The printed form refers to the 'Fair Work (Registered Organisations) Act 2000'. The correct title is the Fair Work (Registered Organisations) Act 2009; correct it in your copy.
• Irregularity has a defined meaning in section 6 of the Act. Frame each paragraph around conduct that fits it.
• Apply promptly. The Court must be satisfied there are reasonable grounds before it institutes the inquiry (s 201).