Title - all parties (Rule 2.13(2)) (Form 1)

Under r 2.13(2) of the Federal Court Rules 2011, a document in a proceeding between parties must include a title and details in accordance with Form 1. The heading must refer to the District Registry and the appropriate Division (r 2.13(1)), and the title must be sufficient to identify the proceeding (r 2.13(5)). Form 1 names the first applicant, respondent, cross-claimant and cross-respondent, and lists the second and later parties in a schedule. It is the starting point for any Federal Court document that does not have its own prescribed form.

When you need it

• You are preparing a document in a Federal Court proceeding between parties and no specific form applies.
• You need a full title, for example on an originating application, notice of appeal, order or a document to be served on a non-party, where an abbreviated title is not allowed (r 2.13(4)).
• There are several parties in a role and you need to list them in a schedule.

1. 1

   Insert the document title

   Replace '[Title - all parties]' with the name of the document, such as 'Notice of motion' or 'Affidavit'.

2. 2

   Complete the number, registry and Division

   Insert the proceeding number (r 2.14), the District Registry and the Division.

3. 3

   Name the first party in each role

   Insert the first applicant, respondent and any cross-claimant and cross-respondent. Where there are more, add 'and another named in the schedule' or 'and others named in the schedule'.

4. 4

   Complete or delete the schedule

   List the second, third and later parties in each role in the schedule, with the proceeding number and date. Delete the schedule if it is not needed.

5. 5

   Date, sign and add the footer

   Date and sign as the party or the party's lawyer (r 2.15) and complete the footer at the foot of the front page (r 2.16).

• A title is part of another document. File that document through eLodgment or at a registry according to the rule that governs it.
• Fees, service and time limits depend on the document the title is used for.

• Copy names exactly from the originating application. Inconsistent names can cause filing problems.
• Where a proceeding has no respondent, use Form 2 instead.
• For later documents between the same parties, Form 3's abbreviated title is usually enough.