Annexure A 
Example of an order for reference

No.	      of 20     
Federal Court of Australia
District Registry: [State]
Division: [Division]

[Name of First Applicant] [if 2 or more add "and another" or "and others"]
Applicant[s]
[Name of First Respondent] [if 2 or more add "and another" or "and others"]
Respondent[s]

THE COURT ORDERS:
1.	Pursuant to s 37P(2) and s 54A of the Federal Court of Australia Act 1976 (Cth) and r 28 of the Federal Court Rules 2011 (Cth) (FCR):
a.	the question[s] set out in the Annexure to this Order (Relevant Question[s]) be referred to a referee (Referee) for the purposes of the Referee conducting an inquiry into the Relevant Question[s] (Reference) and providing a report in writing to the Court on the Relevant Question[s] referred to the Referee stating, with reasons, the Referee’s opinion on the Relevant Question[s] (Report);
b.	the Reference will commence within [__] days of the making of this order or on such other date as ordered by the Referee; 
c.	the Referee is to consider and implement such manner of conducting the Reference as will, without undue formality or delay, enable a just, efficient, timely and cost-effective resolution of the Reference to allow completion of the Report including, if the Referee thinks fit: 
i.	 the making of enquiries electronically, by telephone or in writing; 
ii.	direct communication without intervention of lawyers of any expert retained on behalf of a party and/or any person whom the Referee believes may have information relevant to the Reference; 
iii.	in order to facilitate the Referee implementing the just, efficient, timely and cost-effective resolution of the Reference, the Referee is to make such directions as the Referee considers appropriate as to the conduct of the Reference; 
iv.	without limiting (i), (ii) and (iii), to the extent the Referee considers it is necessary or appropriate for the Referee to obtain any submission from any party, the Referee may make any direction the Referee considers appropriate in relation to such submissions including that any submissions be provided wholly in writing and be limited in length and topic; 
v.	without limiting (i), (ii) and (iii), to the extent the Referee considers it is necessary or appropriate, the attendance of any person and the production of documents be compelled by subpoena; and
vi.	the parties to the Reference are to participate in the Reference without the involvement of legal representatives (except to the extent the Referee wishes to obtain the assistance of any lawyer) and the laws of evidence will not apply in relation to the Reference.
2.	The Referee submit the Report to the Court in accordance with FCR 28.66 addressed to the District Registrar, on or before [date].
3.	The Referee, in the Report: 
a.	shall, to the extent it was necessary for the Referee to make any findings of fact in order to express [his/her] opinion on the Relevant Question[s], make a statement of the facts found by the Referee from which the Court may draw such inferences as it thinks fit; and/or
b.	may submit any question arising on the Reference for the decision of the Court and provide alternative opinions on the Relevant Question[s] which depend upon how the Court determines any question submitted to the Court. 
4.	The Referee appointed is [name].
5.	The parties shall deliver to the Referee forthwith a copy of this order, together with a copy of FCR 28 and a copy of [relevant material].
6.	Any amendments to the Annexure, whether by agreement or on a contested basis, are to be the subject of an order made by the Court.
7.	If for any reason the Referee is unable to comply with the order for delivery of the Report to the Court by the date in this order, the Referee is to provide to the District Registrar an interim report setting out the reasons for such inability and an application to extend the time within which to deliver the Report to the Court to a date when the Referee will be able to provide the Report.
8.	The Referee and the parties have liberty to seek directions with respect to any matter arising in the Reference upon application made on 24 hours’ notice or such other notice ordered by the Court. 
9.	The Court appoints [name] as counsel to assist (Counsel Assisting) the Referee with any questions the Referee has about the conduct of the Reference and the preparation of the Report and the Referee is directed to confer with Counsel Assisting as to the form of the Report.
10.	Without affecting the powers of the Court as to costs, the parties are, in the first instance, to be jointly and severally liable to the Referee for the fees payable to both the Referee and Counsel Assisting.
11.	The parties are to raise any objection to the prospective adoption of the Report by [date].
12.	The proceeding be adjourned for a further case management hearing (including as to directions for any application to adopt the Report) at [time] on [date].

Annexure

1.	[Question 1]

2.	[Question 2]

3.	[Question 3]