Originating application - Reference of question as to qualification or vacancy (ATSI Act) (Rule 34.94(1)) (Form 104)
Form 104 is the Federal Court of Australia reference of a question about Torres Strait Regional Authority membership. The Minister uses it to ask whether a member is qualified or a seat is vacant.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 104
- Version
- v5d6bcefa
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 104 is for
Schedule 4 to the Aboriginal and Torres Strait Islander Act 2005 deals with disputes about electoral matters for the Torres Strait Regional Authority (TSRA). Under section 17 of Schedule 4, the Minister may refer to the Federal Court any question about the qualifications of a member of the TSRA or a vacancy in the TSRA, and must give the Court a statement of the question and any relevant documents in the Minister's possession (s 18). Rule 34.94 of the Federal Court Rules 2011 requires the reference to be made by originating application in Form 104. The Minister must send a sealed copy to the TSRA as soon as practicable, and must publish notice of the reference and hearing date at least twice before the return date in a newspaper circulating in each TSRA ward.
When you need it
- The Minister wants the Court to decide whether a TSRA member is qualified to be a member.
- The Minister wants the Court to decide whether there is a vacancy in the TSRA.
- Not for disputing an election result: that is an election petition in Form 103 (r 34.92).
How to fill it in
- 1
Heading
Insert the District Registry and Division, and the applicant (the Minister) 'under the Aboriginal and Torres Strait Islander Act 2005'.
- 2
Nature of the reference
Choose whether the question relates to the qualification of a member of the TSRA or a vacancy in the TSRA.
- 3
Statement of question
Set out the relevant facts and the question on which the Court's determination is sought. This is the statement the Minister must give under s 18 of Schedule 4.
- 4
Address and service
Give the address for service, email and address, and state on whom the application will be served.
- 5
Signature
The form is signed for the Minister.
Filing, lodging and service
- On filing, a Registrar signs and stamps the reference, fixes a return date and place, and gives or sends a sealed copy to the Minister (r 34.94, note).
- Send a sealed copy to the TSRA as soon as practicable after filing (r 34.94(2)).
- Publish notice of the reference and the hearing date at least twice before the return date in a newspaper circulating in each TSRA ward (r 34.94(3)).
- The Court may allow interested persons to be heard or direct notice to be served on any person; they then become parties (Sch 4 s 19). References are heard in open court (s 20).
Common mistakes
- Give the Court the documents relating to the question that are in the Minister's possession along with the statement (Sch 4 s 18).
- The Court can declare that a person was not qualified to be a member, or that there is a vacancy (Sch 4 s 21).
- A single Judge may hear and determine the question (Sch 4 s 17(3)).
Frequently Asked Questions
Who can use Form 104?
The Minister. Section 17 of Schedule 4 to the ATSI Act lets the Minister refer the question, and rule 34.94(1) requires the Minister to file Form 104.
What notice of the reference must be given?
A sealed copy to the TSRA, and at least 2 newspaper notices of the reference and hearing date in each TSRA ward before the return date (r 34.94).
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) Division 34.6 (rr 34.91 to 34.94)
- Aboriginal and Torres Strait Islander Act 2005 (Cth) Schedule 4, ss 17 to 21
- Federal Court of Australia - Form 104
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
8 boxes on the Originating application - Reference of question as to qualification or vacancy (ATSI Act) (Rule 34.94(1)) (Form 104) fill from your matter. 1 is for you to complete: ticks, signatures and anything that needs judgement.
- Our Firm
- Firm address
- Client
- Client email, Client full name(s), Client postal address (full), Client state
- Parties
- Respondent full name(s)
- Key Dates
- Current date
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