Rule to show cause - Originating application (Form 82)

A rule to show cause calls on a person or organisation to show cause why an order should not be made under section 163, 164, 164A or 167(2) of the Fair Work (Registered Organisations) Act 2009 (r 34.01). Those provisions let a member ask the Court to declare that an organisation's rules contravene section 142, to direct performance or observance of the rules, to remedy a breach of the rules, or to give effect to a declaration about membership (r 34.01 notes). Rule 34.06 of the Federal Court Rules 2011 says the application is made by originating application in accordance with Form 82, accompanied by an affidavit, and may be made without notice. Form 82 combines the application with the Court's order calling on the respondent to appear.

When you need it

• You are a member, or applicant for membership, of a registered organisation and say that one of its rules contravenes section 142 (s 163).
• You want the Court to direct that the organisation's rules be performed or observed (s 164) or to remedy a breach of them (s 164A).
• You want an order giving effect to a declaration about a person's entitlement to be or remain a member (s 167(2)).

1. 1

   Complete the heading

   Fill in the District Registry, Division and parties, listing extra parties in the schedule.

2. 2

   Order section (for the Court)

   The Judge, date and place of the order and the hearing details are completed by the Court. The order requires the named respondent to appear to show cause why the orders in the details of claim should not be made.

3. 3

   Details of claim

   In numbered paragraphs, set out the final relief sought, naming the Act and provision relied on. Give details of any injunction or declaration sought.

4. 4

   Prepare the affidavit

   For section 163: the rule said to contravene section 142, the ground and the supporting facts. For section 164: the order sought, the rules to be observed and why the person is obliged to observe them. For sections 164A and 167: the order sought, the rules relied on and the supporting facts (r 34.06(2)).

5. 5

   Interlocutory relief, addresses, service and signature

   Keep the interlocutory relief section only if needed. Give your address for service and email, choose one service option, then date and sign.

• File through eLodgment with the affidavit. The application may be made without notice (r 34.06(3)). A filing fee may apply - check the current fee schedule.
• Once the Court has made the rule and the entry is stamped, serve the sealed Form 82 and the affidavit on each respondent before the hearing (r 8.06).
• Each respondent must file a notice of address for service (Form 10) before attending Court or taking any other step, as the form states.

• Quote the organisation's rules exactly and exhibit a current copy of the registered rules to the affidavit.
• Ballot and election inquiries under the same Act use different forms (Forms 83 to 87, r 34.07 and 34.08).