Originating application for order in terms of arbitration award (Form 50)

Part 28 of the Federal Court Rules 2011 deals with arbitration. Where the Court itself referred a matter to arbitration, an award is registered by interlocutory application in that proceeding (r 28.13). Rule 28.14 covers the other case: a party may apply for an order in the terms of an award if the matter was not referred to the arbitrator by the Court but is a matter in which the Court has original jurisdiction. The application is made by originating application in Form 50, and must be accompanied by a copy of the arbitration agreement, a copy of the award and an affidavit showing why the Court has original jurisdiction, the extent to which the award has not been complied with, and the usual or last-known address of the person against whom it is to be enforced (or a company's last-known registered office). It may be made without notice (r 28.14(4)).

When you need it

• You hold an arbitration award from a private (not court-referred) arbitration and want a Federal Court order in its terms so it can be enforced.
• The subject of the award is a matter within the Federal Court's original jurisdiction, for example one arising under a Commonwealth law.
• Not for foreign awards: those are enforced under s 8(3) of the International Arbitration Act 1974 using Form 52 (r 28.44).

1. 1

   Heading and parties

   Insert the District Registry, Division and the parties, 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

   Order sought

   The form records the r 28.14(1) basis and that the matter was not referred by the Court. State briefly but specifically the orders sought, matching the terms of the award.

4. 4

   Accompanying documents

   Attach the arbitration agreement and the award, and prepare the affidavit covering original jurisdiction, non-compliance with the award and the respondent's address (r 28.14(3)).

5. 5

   Address and service

   Give your address for service, email and residential or business address, and choose the service option. The application may be made without notice.

6. 6

   Delete the migration certificate

   The template includes a s 486I Migration Act certificate. Delete it, as this is not migration litigation.

• File the application, agreement, award and affidavit. eLodgment is the Court's electronic filing system. A filing fee applies - check the Court's current fee schedule.
• The application may be made without notice (r 28.14(4)). If you proceed with notice, serve the application and accompanying documents personally on each respondent at least 5 days before the first hearing (r 8.06).
• Rule 28.14 deals only with obtaining the order. For registration of an award in a matter the Court itself referred to arbitration, rule 28.13(4) gives the registered award the force and effect of an order of the Court.

• The jurisdiction point is critical. The affidavit must show the material facts that bring the subject matter within the Court's original jurisdiction.
• Be precise about what has and has not been paid or done under the award at the date of the application.
• If the Court itself referred the matter to arbitration, use an interlocutory application in that proceeding under rule 28.13 instead.