Form 83: Originating Application for Inquiry Relating to a Ballot Under Part 2 of Chapter

1

Form 83

Rule 34.07(1)

Originating application for inquiry relating to a ballot
underPart 2 of Chapter 3 of Schedule 1 to the
Fair Work (Registered Organisations) Act 2009

No. of 20

Federal Court of Australia

District Registry: [State]

Division: [Division]

The application of [Name of Applicant]

Applicant

In relation to a ballot of members of [name of amalgamated organisation]

To [Registrar may endorse the name and address of any person to whom notice of this application must be given - if directed by the Court or a Judge]

The Applicant applies for the relief set out in this application.

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence.

You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding.

Time and date for hearing: [Registry will insert time and date]

Place: [address of Court]

Date:

Applicant’s application

The Applicant is:

[Select one of these 3 options and delete others]
[*]a member of the [name of the organisation whose members were eligible to vote in the ballot].

[*or]a person acting on behalf of a member of the [name of the organisation whose members were eligible to vote in the ballot].

[*or]the Electoral Commissioner.

The Applicantapplies under section 69 of the Fair Work (Registered Organisations) Act 2009 for an inquiry into the alleged irregularities set out below that the Applicant claims have occurred in relation to the ballot specified in this application.

The Applicant relies on the facts stated in the accompanying affidavit.

Accompanying affidavit

This application is accompanied by an affidavit stating briefly but specifically, the nature of the applicant’s claim and the material facts on which the claim is based.

Particulars of ballot

1. Ballot of members of [name of organisation] on the question whether:

[*either]they approve the proposed amalgamation of that organisation with [name of other organisation or organisations concerned in the amalgamation];

[*or]if the proposed amalgamation of that organisation with [name of other organisation or organisations concerned in the amalgamation] does not take place, they approve the amalgamation of [name of first mentioned organisation] with the other organisations concerned in the amalgamation whose members give a like approval.

1. [*either]The ballot was completed on [date].[*or]The ballot has not been completed.

Particulars of alleged irregularities

1. [Specify in numbered paragraphs the alleged irregularities]

Applicant’s address

The Applicant’s address for service is:

Place: [see rule 11.01]

Email:

The Applicant’s address is[if the Applicant is an individual - place of residence or business; if the Applicant is a corporation - principal place of business].

Date: [eg 19 June 20..]

[* Delete if inapplicable]