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* IMPORTANT NOTE: This form has been superseded. Refer to page Forms under the Federal Court Rules 2011 to identify the current form. |
Form 15: Notice of appearance (Modified to include heading, signature block and filing party's details as required by Order 41 of the Federal Court Rules)
Version: 2
Rule: Order 9, subrule 3(1)
Filing fee: nil
Guide to Form 15
Please read this guide and the form carefully. You are responsible for making sure all your paperwork is in order. Although the Court’s Registry staff can check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court’s procedures, they can not give you legal advice and they are not responsible for the accuracy of your documents.
When should you use Form 15?
You must file a notice of appearance if you have been served with an application and you want to appear at, and participate in, the proceeding. Under the Federal Court Rules, you will not be able to file any document in the proceeding (unless it is a defence to an allegation of unlawful discrimination under the Australian Human Rights Commission Act 1986) until you have filed a notice of appearance.
If you are a respondent to an allegation of unlawful discrimination under the Australian Human Rights Commission Act 1986 and you file a defence using Form 168 before the first directions hearing, you do not need to file a notice of appearance unless the Court orders you to do so.
How do you file an appearance?
1. Get a Form 15 and fill it out. This is the notice of appearance. You can get a copy of Form 15 from the Court or download a copy from the Court’s website.
2. The original notice and a copy for each party must be delivered to the Federal Court. You can do this by bringing the documents to the Registry, or by posting or faxing them, or by sending them by the internet, This is called filing. More information about filing is available from the Registry and on the Court’s website.
3. If the notice is in the correct form the Court’s Registry staff will stamp the original and the copies.
4. A stamped copy of the notice must be served on each other party. For more information about service see Order 7 rule 4 of the Federal Court Rules.
How to fill in your Notice of Appearance
Please read all of these notes before you begin completing the notice of appearance.
These instructions assume that you are not represented by a lawyer.
The heading
The heading of the notice of appearance should be the same as the heading on documents served on you.
First paragraph
In the space provided, insert your name, address and occupation.
Solicitor details
As you are unrepresented you should not complete this part of the form.
Address for service
In the next space provided write the address to which the Court or the respondent can deliver or send letters or documents to you. The address must be in Australia. The address must be a street address and cannot be a Post Office Box. This is called your address for service.
Date and signature
The notice must be signed and dated by you.
Filing details
Under the horizontal line at the bottom of the notice, write:
· your name
· your address for service, telephone number and facsimile number (if
any).