Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p1
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 1/43)
Character Range: 113919–116896

4     Exemplary damages     The claim for exemplary damages

 (3) The originating application need not include a claim for costs.

8.04  Application starting migration litigation to include certificate
 (1) For section 486I of the Migration Act 1958, a lawyer may file an originating application starting migration litigation only if the application includes a certificate in accordance with the certificate contained in Form 15, signed by the lawyer.
Note 1: See section 486I of the Migration Act 1958.
Note 2: The Court will refuse to accept an originating application unless a certificate is provided in accordance with this subrule.
 (2) In this rule:
lawyer has the meaning given by section 5 of the Migration Act 1958.
Note: Migration litigation is defined in the Dictionary.

8.05  Accompanying document for originating application
 (1) An originating application seeking relief that includes damages must be accompanied by:
 (a) unless paragraph (b) or (c) applies—a statement of claim; or
 (b) if a practice note issued by the Chief Justice requires the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document; or
 (c) if a practice note issued by the Chief Justice permits the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document or a statement of claim.
 (2) An originating application seeking relief that does not include damages must be accompanied by:
 (a) unless paragraph (b) or (c) applies—a statement of claim or an affidavit; or
 (b) if a practice note issued by the Chief Justice requires the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document; or
 (c) if a practice note issued by the Chief Justice permits the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document, a statement of claim or an affidavit.
Note 1: A practice note issued by the Chief Justice may require or permit an alternative accompanying document to accompany an originating application by:
(a) expressly requiring or permitting the alternative accompanying document to accompany the originating application; or
(b) referring to another document that requires or permits the alternative accompanying document to accompany the originating application.
Note 2: When an originating application and accompanying document are filed, a Registrar will fix a return date and place for hearing and endorse those details on the application.
Note 3: If the Court has made an order shortening the time for service of the application, a Registrar will endorse details of the order on the application.
 (3) A statement of claim mentioned in this rule must be in accordance with Form 17.
 (4) An affidavit mentioned in subrule (2) must state the material facts on which the applicant relies that are necessary to give the respondent fair