Document ID: chunk:federal_register_of_legislation:C2024C00856:section:11:p1
Version: federal_register_of_legislation:C2024C00856
Segment Type: section
Provision Reference: s 11 (pt 1/3)
Character Range: 30441–33037

11  Manner of making applications
 (1) An application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order of review:
 (a) shall be made in such manner as is prescribed by:
 (i) in the case of an application to the Federal Court—Federal Court Rules; or
 (ii) in the case of an application to the Federal Circuit and Family Court of Australia (Division 2)—Federal Circuit and Family Court of Australia (Division 2) Rules; and
 (b) shall set out the grounds of the application; and
 (c) shall be lodged with a Registry of the court concerned and, in the case of an application in relation to a decision that has been made and the terms of which were recorded in writing and set out in a document that was furnished to the applicant, including such a decision that a person purported to make after the expiration of the period within which it was required to be made, shall be so lodged within the prescribed period or within such further time as the court concerned (whether before or after the expiration of the prescribed period) allows.
 (2) Any other application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Act must be made as prescribed by:
 (a) in the case of an application to the Federal Court—Federal Court Rules; or
 (b) in the case of an application to the Federal Circuit and Family Court of Australia (Division 2)—Federal Circuit and Family Court of Australia (Division 2) Rules.
 (3) The prescribed period for the purposes of paragraph (1)(c) is the period commencing on the day on which the decision is made and ending on the twenty‑eighth day after:
 (a) if the decision sets out the findings on material questions of fact, refers to the evidence or other material on which those findings were based and gives the reasons for the decision—the day on which a document setting out the terms of the decision is furnished to the applicant; or
 (b) in a case to which paragraph (a) does not apply:
 (i) if a statement in writing setting out those findings, referring to that evidence or other material and giving those reasons is furnished to the applicant otherwise than in pursuance of a request under subsection 13(1) not later than the twenty‑eighth day after the day on which a document setting out the terms of the decision is furnished to the applicant—the day on which the statement is so furnished;
 (ii) if the applicant, in accordance with subsection 13(1), requests the person who made the decision to furnish a statement as mentioned in that subsection—the day on which the