Urgent application before start of a proceeding (Rule 7.01(2)) (Form 12)

Rule 7.01 of the Federal Court Rules 2011 lets a person who intends to start a proceeding (a prospective applicant) apply urgently and without notice for certain orders as if the proceeding had already started. The orders available are an injunction; orders for the detention, custody, preservation or inspection of property, with authority to enter land to give effect to them; payment into Court or other securing of an amount in a fund; or the appointment of a receiver with the powers of a receiver and manager (r 7.01(1)). The application must be in Form 12 with an affidavit of the facts relied on (r 7.01(2)), and the prospective applicant must undertake to start a proceeding within 14 days after the application is determined (r 7.01(3)).

When you need it

• The matter is so urgent that you need orders before you can prepare and file an originating application.
• You need an injunction, property preservation or inspection orders, a fund secured, or a receiver appointed.
• You are applying without notice to the other side.

1. 1

   Complete the heading

   Insert the District Registry and Division and name the prospective applicant. Leave the number, hearing time and date for the registry.

2. 2

   Set out the orders sought

   Draft each order precisely, choosing from the kinds allowed by r 7.01(1).

3. 3

   Keep the affidavit and undertaking

   The form states that it is accompanied by an affidavit and records your undertaking to start a proceeding within 14 days after the application is determined. Do not remove these.

4. 4

   Give your addresses

   Insert your address for service (r 11.01) and email, and your residential or business address (or principal place of business for a company).

5. 5

   Sign and complete the schedule

   Date and sign as the prospective applicant or their lawyer. List any additional prospective applicants in the schedule, or delete it.

• File the application with the affidavit stating the facts relied on (r 7.01(2)). The registry inserts the hearing time, date and place, and the application is signed by an officer acting for the District Registrar.
• Because it is made without notice, the application is heard without the other side being served first.
• If orders are made, start the proceeding within 14 days after the application is determined, as your undertaking requires (r 7.01(3)).
• A filing fee may apply. Check the Court's current fee schedule.

• Contact the registry as early as possible so an urgent hearing can be arranged.
• Your affidavit should explain both the facts and why the matter is urgent enough to proceed without notice.
• Diarise the 14-day deadline to start the proceeding as soon as the application is determined.