Warrant for arrest (Form 90)
Form 90 is the Federal Court of Australia warrant for arrest, directing that a person be arrested and brought before the Court. It is usually used in contempt matters.
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 90
- Version
- vc660f765
- Last verified
- 31 August 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 90 is for
The Federal Court Rules 2011 use Form 90 in three situations. A party may apply for a warrant in Form 90 where a person fails to attend Court as required by a subpoena or order (r 41.05); where a person is alleged to have committed contempt in the face or hearing of the Court (r 42.01); and where a contempt application has been filed and the person charged is likely to abscond, or has not given security for their appearance as ordered (r 42.14). The warrant directs that the person be arrested, held in custody and brought before the Court. It may be issued to the Sheriff or a Deputy Sheriff of the Court, a State or Territory Sheriff or Deputy Sheriff, or a police officer.
When you need it
- A witness or other person has failed to attend Court in answer to a subpoena or an order (r 41.05).
- A person is alleged to have committed contempt in the face or hearing of the Court (r 42.01).
- In a contempt application, the person charged is likely to abscond or has not given security ordered for their appearance (r 42.14).
How to fill it in
- 1
Complete the heading
Insert the proceeding number, District Registry, Division and parties.
- 2
Identify the person to be arrested
Insert the person's name in the direction to arrest and bring them before the Court.
- 3
Set any security for release
Insert the amount, or other security, on which the person may be released pending their appearance, as the Court orders.
- 4
State the charge
Insert the charge (for example contempt of court) and its particulars, consistent with any statement of charge.
- 5
Leave the signature for the Judge
The warrant is dated and signed by a Judge.
Filing, lodging and service
- The party applies to the Court for the warrant. In a contempt application, the party must satisfy the Court that the person charged is likely to abscond or withdraw from the jurisdiction (r 42.14(2)).
- Once issued, the warrant is directed to the Sheriff or another officer listed in the rules, who carries it out.
Common mistakes
- Prepare evidence of service of the subpoena or order, and of non-attendance, before applying under r 41.05.
- Make the charge and particulars match the statement of charge (Form 137) if one has been filed.
- The printed form also cites rules 34.14(2) and 34.16, which have been repealed. Rely on rules 41.05, 42.01 and 42.14.
Frequently Asked Questions
Who carries out a Federal Court warrant for arrest?
The Sheriff or a Deputy Sheriff of the Court, a State or Territory Sheriff or Deputy Sheriff, or a police officer (rr 41.05(1B), 42.01(2), 42.14(4)).
Can a warrant be issued if a subpoenaed witness does not turn up?
Yes. A party may apply for a warrant in Form 90 if a person fails to attend in response to a subpoena or order (r 41.05).
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) rr 41.05, 42.01 to 42.03, 42.14
- Federal Court of Australia - Form 90 Warrant for arrest
- Federal Court of Australia - Forms under the Federal Court Rules 2011
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 Warrant for arrest (Form 90) fill from your matter. 1 is for you to complete: ticks, signatures and anything that needs judgement.
- Client
- Client full name(s), Client state
- Key Dates
- Current date
- Operator
- User First Name
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