Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p17
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 40896–43502

final orders have been made in a proceeding, the application must be made in accordance with rule 4.06.

4.02  Content of application
  An application must precisely and briefly state the orders sought and the basis on which the orders are sought.

4.03  Response to application
 (1) A respondent to an application who seeks to do any of the following must file a response in accordance with the approved form:
 (a) indicate consent to an order sought by the applicant;
 (b) ask the Court to make another order;
 (c) ask the Court to dismiss the application;
 (d) seek orders in a matter other than the matter set out in the application;
 (e) make a cross‑claim against the applicant or another party.
 (2) A response must precisely and briefly state any orders sought and the basis on which the orders are sought.
 (3) A response must be filed and served within 28 days after service of the application to which it relates.
Note: A response to an application under Part 29 must comply with the additional requirements of rule 29.06.

4.04  Affidavit to be filed with application or response
 (1) A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts relied on.
 (2) However, an affidavit is not required:
 (a) in an application for interim or procedural orders—if the evidence relied on is in an affidavit or affidavits filed in the pending proceeding; or
 (b) if the person filing an application files a statement of claim or points of claim; or
 (c) in an application filed in the Fair Work Division in accordance with rule 30.04, 30.05, 30.06, 30.08 or 30.11; or
 (d) in an application filed in accordance with rule 31.03.
 (3) If a statement of claim or points of claim are filed, a respondent:
 (a) must file a defence or points of defence instead of an affidavit; and
 (b) may file a cross‑claim.
Note: Paragraph 174(2)(b) of the Act provides for the Rules of Court made under the Federal Court of Australia Act 1976 to apply, with necessary modifications, to the practice and procedure of the Court for particular jurisdictions of the Court if these Rules are insufficient. The Federal Court Rules may be used to direct how pleadings are to be dealt with in the Court if subrules 4.04(2) and (3) of these Rules apply.

4.05  Reply in certain circumstances
 (1) If a response to an application or cross‑claim seeks orders in a matter (other than the orders set out in the application) the applicant may file and serve a reply to the response in accordance with the approved form.
 (2) A reply must be filed and