[Form 14] Application for Order for Preliminary Discovery in the Federal Court of Australia

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What is an Application for an Order for Preliminary Discovery?

An Originating Application by a Prospective Applicant for an Order for Preliminary Discovery [Form 14] is a document filed before the official commencement of civil court proceedings by an Applicant to obtain Discovery of information +/or document/s that will help them decide whether to start proceedings in the Court.

Our process is specifically designed to seek one of the following two types of Court Order for Pre-litigation Discovery:

⚖️ Rule 7.22 for an Order that a person give evidence regarding the Prospective Respondent‘s description; or

⚖️ Rule 7.23 for an Order that a person gives Discovery of Specific Document/s.

Document Overview:

✅ Suitable for the Federal Court of Australia made under the Federal Court Rules 2011;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in the General or Fair Work Divisions of the Federal Court of Australia;

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

An Application for Preliminary Discovery [Form 14] MUST be accompanied by an Affidavit in Support.

➲ We recommend you contact our legal team to obtain legal advice and guidance to:

⚖️ Determine whether a Preliminary Discovery Application [Form 14] is appropriate in your circumstances; and

⚖️ Draft the Affidavit in Support.

Alternatively, your matter may be one where your interests are best served by first filing:

⚖️ An Urgent Application before Start of a Proceeding [Form 12]; or

⚖️ An Application by Parent or Guardian to Settle + Enforce a Claim under an Agreement made by, for or against a Person under a Legal Incapacity [Form 13].

Important Notes:

Pricing does not include Court filing fees.

The party filing this Preliminary Discovery Application [Form 14] is required to serve a copy of the filed Originating Application together with all other filed documents [eg., Affidavit in Support] on the party against whom the Preliminary Discovery Order is being sought.

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General FAQ

How do I ensure I get the pre-litigation steps right?

How do I ensure I get the pre-litigation steps right?

If you have a written agreement with the Debtor/standard terms of trade

The identity of the Debtor and their address for service (incl. email +/or fax) should already be clearly specified in the agreement, or provided by the Debtor as part of your standard business processes.

We also assume that the terms of your agreement will provide permission to serve notices via email or fax (if required).

If there is no written agreement

You will need to consider whether you already know the actual identity of the Debtor/Defendant and their address for notices/Service.

The Debtor/Defendant may not be the person with whom you made the original agreement, or the person who actually published the defamatory statement.

The person you might consider is the Debtor/Defendant may have been acting/dealing as an agent or employee of another person, the actual owner/s of the business, a sole trader, partnership, unincorporated association, company, etc.

If you only have the name of the business, you can start by conducting a free ASIC business names index + business names holder organisation/person searches to determine the owner of the business name, followed by a paid ASIC search to determine a valid + current address for Service.

connectonline.asic.gov.au

If the Debtor/Defendant is a Company

Before sending a Letter of Demand/Statutory Demand/Concerns Notice to a Debtor company, we strongly recommend you conduct a paid current ASIC Company Search (min. cost $9) to confirm that:

✅ The Debtor/Defendant company is not currently under administration/in liquidation; and to

✅ Ascertain the companies current registered office address for service.

Legal Assistance

If you have any questions regarding the above please contact our legal team to discuss.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How do I negotiate my civil dispute whilst protecting myself?

You have the right to remain silent … in your civil legal dispute

By the time you approach a lawyer to assist with your civil legal dispute you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers.

Whilst you might think you are progressing the matter:

➲ This is generally a mistake!

Most people [unless they are experienced in litigation or legal dispute resolution] will unknowingly proceed to make these communications with the other side on an "open” basis.

This means that everything that is said or written might be capable of being used by the other parties in any subsequent legal proceedings.

We recommend you don't say or write anything until you have spoken to your lawyer

It is generally known that in any criminal matter, you have the “right to remain silent …” as this is well-covered territory on TV/Movie Legal Dramas and in the media.

When it comes to civil disputes we recommend you adopt the same position.

Our advice may be spot on when it comes to large $$ civil disputes.

Proceeding without your lawyer

When the matter is only a minor one, you may not want to go to the time and/or expense of engaging legal advice specific to your situation.

Q: How then can you proceed?

A: Very carefully, and with the assistance of some very specific legal phraseology which you may or may not have seen before.

Please refer to our blog article “How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations." for more information.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.