Form 27: Notice of motion
Version: 1
Rule: Order 19, rule 2
Use: This form must be used if you are making an interlocutory application in any existing proceeding ('the principal proceeding'), other than a proceeding to which the Federal Court (Corporations) Rules 2000 apply. This form may also be used if you are making an application for leave to appeal from an interlocutory judgment of the Federal Court ('the Court') or for a judge to review a decision of a registrar.
Filing fee: Where the notice of motion is being used to apply for an interlocutory order: If a corporation is liable to pay the fee: $657, in any other case: $328.

Where the notice of motion is being used to apply for leave or special leave to appeal: if a corporation is liable to pay the fee: $2134, in any other case: $1203.

Where the notice of motion is being used to apply for the review of a registrar's decision: if a corporation is liable to pay the fee: $873, in any other case: $436.
Download: Form 27 in Rich text format

When should you use Form 27?

Interlocutory applications allow a party or person to ask the Court for any order other than the final judgment sought in an existing proceeding.

The Court Rules state that as far as possible a party should ask for any interlocutory orders that are required at a directions hearing. If you want the Court to make an interlocutory order other than at a directions hearing then you must use Form 27: Notice of Motion.

The notice of motion makes sure that the Court and the other parties to the application are put on notice of the orders that you are seeking and the reasons you want them. When the motion is listed for hearing, the other parties may wish to argue against the making of the orders.

This form must also be used if you are making an application:

•  for leave to appeal from an interlocutory judgment of the Federal Court; or

•  for a Judge to review a decision of a Registrar.

Who can file a Form 27?

A notice of motion may be filed by the applicant, respondent or any other party in the principal proceeding. A notice of motion may also be filed by a person who is not a party in the principal proceeding, such as a person or corporation who has been served with a subpoena for production.

The party filing a notice of motion is usually called the applicant on the motion ('the applicant') and these instructions assume that that is the case. ( Note: in the South Australian District Registry the party roles are not changed. The applicant in the proceeding will be shown as the applicant on the notice of motion, even if the interlocutory application is in fact made by a respondent).

How do you apply for an interlocutory order or leave to appeal?

An interlocutory application or application for leave to appeal must be made to the Court in the following way:

1. Get a Form 27 and fill it out. This is the notice of motion. You can get a copy of Form 27 from the Registry or download a copy from the Court's website.

2. Get a Form 20 and fill it out. This is an affidavit. An affidavit is a written statement, affirmed or sworn before a solicitor or Justice of the Peace. The affidavit must set out the facts that support the reasons for your application for the orders sought in the motion. A copy of Form 20 and a guide to making affidavits is available from the Registry or you can download a copy from the Court's website.

3. The original notice of motion and affidavit, plus copies of each document for each respondent to the motion, 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.

Make sure you have a copy of the notice of motion and affidavit for yourself.

The respondent to the motion is not necessarily the same as the respondent in the existing proceedings. The respondents to the motion are the parties or people affected by the orders sought in the notice of motion.

4. Pay the application fee. If you cannot afford this fee you may be able to ask the Court to reduce it*. You can get a form to ask the Court to reduce payment and information about the circumstances where a reduction can be given on the Exemption and reduction of fees pages or from the Registry.

* Note: Up to October 2010, the Court could waive Court fees in some circumstances. Changes to the Federal Court of Australia Regulations 2004 introduced on 1 November 2010 means the Court can no longer waive fees; the Court can however, reduce the payment of Court fees if it will result in financial hardship.

5. If the documents are in the correct form, Registry staff will stamp the original and the copies of the notice of motion and affidavit. The Registry will also write on the notice of motion the time and date when the matter will be considered by the Court. In some States or Territories you will need to contact the Associate to the Judge who is responsible for the case to obtain a time and date for the notice of motion. The Registry can give you information about what you must do.

6. You must arrange for a copy of these documents to be served on each respondent to the motion at least 3 working days before the date when the Court will first consider the matter.

How to fill in your Notice of Motion

Please read all of these notes before you begin completing the notice of motion.

These instructions assume that you are the applicant on the motion (that is, the person asking the Court to make an interlocutory order) and that you are not represented by a lawyer.

Heading

In the spaces provided, insert:

•  the Court file number for the existing proceeding

•  the name of the applicant in the existing proceeding

•  the name of the respondent in the existing proceeding.

If you are not a party to the existing proceeding, the heading should also set out your name and the names of the respondent to the motion (that is, each party or person affected by the orders sought in the notice).

The first paragraph

In the spaces provided on the first line of Form 27 specify whether you are the applicant or the respondent in the existing proceeding. If you are not a party in the existing proceeding, insert your name in this space.

In the numbered spaces, state concisely the terms of each order that you want the Court to make. Do not state the grounds or reasons why you want each order.

The second paragraph

If the Court has shortened the 3 day time limit for serving the notice of motion on the other parties, insert the new time for service which the Court has ordered.

Date and signature

The notice of motion must be signed and dated.

Respondent details

In the space after "To:", write the name of each party or person affected by the order(s) sought. After the notice of motion has been filed, you must serve a copy of it on each person named in this list.

Filing details

Under the horizontal line on the first page of the notice of motion, write:

•  your name

•  your address for service, telephone number and facsimile number (if any).

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