Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

made under Chapter 4 of the

Federal Circuit and Family Court of Australia Act 2021

Compilation No. 2

Compilation date:4 January 2023

Includes amendments up to:F2023L00008

Registered:18 January 2023

About this compilation

This compilation

This is a compilation of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 that shows the text of the law as amended and in force on 4 January 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1All proceedingsPart 1Introduction1.01Name

These Rules are the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.

1.03Authority

These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.

1.04Overarching purpose

(1)
The overarching purpose of these Rules, as provided in section 190 of the Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
Note 1: The parties to a proceeding must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose (see section 191 of the Act).
Note 2: These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 190(3) of the Act).
Note 3: The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rule 1.07).
(2)
To assist the Court, the parties must:
(a)
avoid undue delay, expense and technicality; and
(b)
consider options for primary dispute resolution as early as possible.
(3)
If appropriate, the Court will help to implement primary dispute resolution.

1.05Definitions

In these Rules.
AAT Act means the Administrative Appeals Tribunal Act 1975.
Act means the Federal Circuit and Family Court of Australia Act 2021.
address for service, for a party means the address for service given by the party in accordance with rule 6.01.
AD(JR) Act means the Administrative Decisions (Judicial Review) Act 1977.
answers to specific questions includes interrogatories.
application in a proceeding means an application that is made in a proceeding that has already been started under these Rules and is an application for:
(a)
an interim order; or
(b)
a procedural order; or
(c)
an ancillary order; or
(d)
an interlocutory order; or
(e)
any other incidental order relating to an application or order.
appropriate registry, for a proceeding, means:
(a)
the registry in which the application starting the proceeding is filed; or
(b)
if the proceeding is transferred to another registry—that registry.
approved form, for a provision of these Rules, means a form approved by the Chief Judge under subrule 2.04(1) for the provision.
authenticate, in relation to an order of the Court, means to sign and seal the order.
authorised Registrar, in relation to a provision of these Rules, means a Registrar authorised in writing by the Chief Executive Officer to exercise the powers or perform the functions of an authorised Registrar under that provision.
Civil Dispute Resolution Act means the Civil Dispute Resolution Act 2011.
corporation includes any artificial person other than an organisation.
Court means the Federal Circuit and Family Court of Australia (Division 2).
criminal record, for a person, means a record of offences for which the person has been found guilty.
discontinuance, in relation to a proceeding, includes withdrawal from the proceeding.
discovery means an obligation to disclose.
electronic communication means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, including an email or an email attachment.
enter, in relation to an order, means to take out or authenticate the order.
Fair Work Commission has the meaning given by section 12 of the Fair Work Act 2009.
family law or child support proceeding has the meaning given by subsection 7(1) of the Act.
Federal Court Rules means the Federal Court Rules 2011.
filing registry, in relation to a proceeding, means the registry of a court in which the proceeding is started or to which the proceeding is transferred.
general federal law proceeding means a proceeding in the Court other than a family law or child support proceeding.
genuine steps statement has the meaning given by section 5 of the Civil Dispute Resolution Act.
Human Rights Act means the Australian Human Rights Commission Act 1986.
interested person, for a subpoena, means a person who might reasonably have an interest in the subject matter of the subpoena.
issuing party, for a subpoena, means the party at whose request a subpoena is issued.
lawyer means a legal practitioner who is entitled to practise in the Court.
legal assistance means any of the following:
(a)
advice in relation to a proceeding;
(b)
representation at a directions, interlocutory or final hearing or a mediation;
(c)
drafting or settling documents to be used in a proceeding;
(d)
representation generally in the conduct of a proceeding.
medical record, for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person’s medical condition, that are maintained by a physician, hospital or other provider of services or facilities for medical treatment.
minor means a person under the age of 18 years.
month has the meaning given by rule 3.03.
National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009.
party means an applicant, respondent or other person included as a party to a proceeding.
person subpoenaed means a person required by a subpoena to produce a document or give evidence.
police record, for a person, means records relating to the person kept by police, including statements, police notes and records of interview.
pro bono lawyer means a lawyer who has agreed to accept a referral under rule 12.01 to provide pro bono legal assistance.
Registrar means a Senior Registrar or Registrar of the Court.
Registrar of the Tribunal includes a person:
(a)
who has been appointed as an officer of the Tribunal under section 24PA of the AAT Act; and
(b)
to whom powers or functions have been delegated under subsection 10A(3) of the AAT Act.
service by hand means personal service.
the Court or a Judge includes a Judge sitting in chambers.
Tribunal means the Administrative Appeals Tribunal.
vexatious proceeding has the meaning given by subsection 7(1) of the Act.
vexatious proceedings order has the meaning given by subsection 7(1) of the Act.

1.06Application

(1)
It is intended that the practice and procedure of the Court in general federal law proceedings be governed principally by these Rules.
(2)
However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Federal Court Rulesor the Federal Court (Criminal Proceedings) Rules 2 016 in whole or in part and modified or dispensed with, as necessary.
(3)
Without limiting subrule (2), the provisions of the Federal Court Rules set out in Schedule 1, apply, with necessary changes, to general federal law proceedings.
Note: These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters (see subsection 217(2) of the Act).
(4)
These Rules apply as follows:
(a)
Chapter 1 applies to all general federal law proceedings;
(b)
Chapter 2 applies to proceedings under the Australian Human Rights Commission Act 1986;
(c)
Chapter 3 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977, the Administrative Appeals Tribunal Act 1975 and the Migration Act 1958;
(d)
Chapter 4 applies to proceedings in the Fair Work Division;
(e)
Chapter 5 applies to proceedings under the National Consumer Credit Protection Act 2009.
Note: For rules relating to bankruptcy proceedings, see the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy)Rules 2021.
(5)
These Rules do not apply to family law or child support proceedings.
Note: For rules relating to family law or child support proceedings, see the Federal Circuit and Family Court of Australia (Family Law)Rules 2021, as applied by the Federal Circuit and Family Court of Australia (Division 2) (Family Law)Rules 2021.

1.07Court may dispense with rules

(1)
The Court may in the interests of justice dispense with compliance, or full compliance, with any of these Rules at any time.
(2)
If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in that proceeding.

1.08Applications for orders about procedures

A person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if:
(a)
the procedure is not prescribed by the Act, these Rules or by or under any other Act; or
(b)
the person is in doubt about the procedure.

Part 2DocumentsDivision 2.1General2.01Requirements for documents

(1)
A document (other than a form) to be filed must:
(a)
be set out on one side only of size A4 durable white paper of good quality; and
(b)
be legible and without erasures, blotting out or material disfigurement; and
(c)
have a margin at the left side of at least 30 mm; and
(d)
have clear margins of at least 10 mm on the top, bottom and right sides; and
(e)
be written in English; and
(f)
be:
(i)
printed in a font of not less than 12 points; or
(ii)
hand‑printed clearly in ink in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar; and
(g)
have a space of not less than 8 mm between the lines of printing.
(2)
However, unless the Court otherwise orders, strict compliance with subrule (1) is not required if the document:
(a)
is readable, including when it is bound; and
(b)
can be easily scanned and photocopied.
(3)
This rule does not apply to a document annexed to an affidavit.
Note: The Court may give directions limiting the length of documents to be filed (see section 182 of the Act).

2.02Document must have distinctive number

A document filed in connection with a particular proceeding must bear the distinctive number of the proceeding.

2.03Document to be signed

(1)
A document to be filed (other than an affidavit, annexure or exhibit) must be signed by a party or by the lawyer for the party unless the nature of the document is such that signature is inappropriate.
(2)
If a document (other than an affidavit) is required by these Rules to be signed, that requirement is met if the signature is attached to the document by electronic means, by, or at the direction of, the signatory.

2.04Forms

(1)
The Chief Judge of the Court may approve a form for a provision of these Rules.
(2)
Unless the Court otherwise orders, strict compliance with forms is not required and substantial compliance is sufficient.
(3)
A document prepared in the form prescribed for a similar purpose for the Federal Court may be taken to substantially comply with the appropriate form for a proceeding.
(4)
However, unless otherwise provided in these Rules, a document to be filed in a proceeding must be headed:
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
At (Registry).

Division 2.2Filing documents2.05How documents may be filed

(1)
A document must be filed by electronic communication as permitted by the Court, unless it is not reasonably practicable to do so.
(2)
If it is not reasonably practicable to file a document by electronic communication in accordance with subrule 2.08(2), it may be filed, in order of preference, by:
(a)
emailing it to the registry; or
(b)
delivering it to the registry; or
(c)
sending it to the registry by post; or
(d)
faxing it to the registry.
(3)
A document is filed when:
(a)
the filing fee has been paid (or an exemption or deferral applies); and
(b)
the document is accepted for filing by the Registry Manager and sealed with the seal of the Court or marked with the stamp of the Court, as required by Division 2.4.
Note 1: The Federal Court and Federal Circuit and Family Court Regulations 2012 provides that a document must not be filed in a registry of the Court unless the fee payable for the filing has been paid. The regulation also provides for an exemption or deferral of a fee, or payment of the fee on invoice, in certain circumstances.
Note 2: For the design, custody and affixation of the seal and validity of stamps (see sections 178 and 179 of the Act).
(4)
However, a document sent by fax or electronic communication, if accepted, is taken to have been filed:
(a)
if the whole document is received by 4.30 pm on a day the Registry is open for business—on that day; or
(b)
in any other case—on the next day the Registry is open for business.
Note: Because of the Court’s computer security firewall, there may be a delay between the time a document is sent by electronic communication and the time the document is filed.

2.06Registrar may refuse to accept document

A Registrar may refuse to accept a document for filing if:
(a)
the Registrar is satisfied that the document, on its face or by reference to any other documents filed or submitted for filing with the document, is an abuse of process or is frivolous, scandalous or vexatious; or
(b)
the document is filed in connection with a pending proceeding and the registry is not the appropriate registry; or
(c)
the rules relating to the electronic filing of documents have not been complied with.

2.07Filing by fax

(1)
An authorised Registrar may approve at least one fax number for each Registry for receiving documents.
(2)
A document sent to a Registry by fax must be:
(a)
sent to an approved fax number for the Registry; and
(b)
accompanied by a cover sheet stating:
(i)
the sender’s name, postal address, telephone number, fax number, email address and any document exchange number; and
(ii)
the number of pages sent; and
(iii)
the action sought in relation to the document.
(3)
A document must not be faxed to a Registry if it is more than 20 pages.
(4)
If the document is in an existing proceeding, it must be sent to an approved fax number for the Registry that is the appropriate registry for the proceeding.
(5)
If the document is required to be signed or stamped, and is accepted at the Registry, the Registrar must:
(a)
make one copy of the document; and
(b)
if the sender asks that the document be held for collection—hold it for collection for 7 days; and
(c)
if the sender does not ask for the document to be held for collection, or having asked does not collect the document within 7 days—return the document by sending it:
(i)
by fax to the fax number stated on the cover sheet; or
(ii)
if no fax number is stated, to the postal address stated on the cover sheet.
(6)
The sender of a document to a Registry by fax must:
(a)
keep the original document and the transmission report evidencing successful transmission; and
(b)
produce the original document or the transmission report as directed by the Court.
(7)
If the Court directs that the original document be produced, the first page of the document must be endorsed with:
(a)
a statement that the document is the original of a document sent by fax; and
(b)
the day that the document was sent by fax.

2.08Filing by electronic communication

(1)
An authorised Registrar:
(a)
may approve the formats for electronic versions of documents that will be accepted by a Registry; and
(b)
may approve at least one email address for any Registry for the purpose of receiving documents by electronic communication.
(2)
A document sent to a Registry for filing by electronic communication must:
(a)
be lodged using eLodgment at and
(b)
be in an electronic format approved for the Registry; and
(c)
be in a form that complies with rule 2.04; and
(d)
be able to be printed with the content, and in the form, created.
Note: Approved electronic formats are listed on the Federal Court website at affidavit may be filed by electronic communication only by sending an image of the affidavit as required by subrule (2).
(4)
If the document is in an existing proceeding, it must be sent to the Registry that is the appropriate registry for the proceeding by using:
(a)
the Court’s website at or
(b)
eLodgment at level="5">2.09Other requirements for filing by electronic communication
(1)
If a document sent by a person by electronic communication is required to be signed or stamped, and it is accepted at a Registry, a Registrar must comply with the following (as applicable):
(a)
for a document that, under these Rules, must be endorsed with a date for hearing—insert a notice of filing and hearing as the first page of the document;
(b)
for any other document—insert a notice of filing as the first page of the document;
(c)
make one copy of the document (including the notice mentioned in paragraph (a) or (b) (whichever applies));
(d)
if the sender requests that the document be held for collection—hold it for collection for 7 days;
(e)
if the sender does not request that the document be held for collection or, having made a request, does not collect the document within 7 days—return the document by sending it:
(i)
by electronic communication to the email address stated on the cover sheet; or
(ii)
if no email address is stated, to the postal address stated on the cover sheet.
(2)
A notice mentioned in paragraph (1)(a) or (b) is part of the document for the purposes of these Rules.
(3)
The person who sent the document must, as directed by the Court:
(a)
if the document is an image of an affidavit—produce the original of the affidavit; or
(b)
in any other case—produce a paper copy of the document.
(4)
If the Court directs that an original affidavit or a paper copy of a document be produced, the person who sent the document must:
(a)
for an original affidavit—attach a statement to the affidavit stating:
(i)
that it is the original of the affidavit sent by electronic communication; and
(ii)
the date that the affidavit was sent by electronic communication; or
(b)
in any other case—endorse the first page with:
(i)
a statement that the paper copy is a true copy of the document sent by electronic communication; and
(ii)
the date the document was sent by electronic communication.
(5)
If a document has been filed electronically and a notice has been inserted as the first page of the document as required by paragraph (1)(a) or (b), the notice is treated as part of the document for the purposes of the Act and these Rules (including any rules about service of the document).

Division 2.3Custody and inspection of documents2.10Custody of documents

(1)
The District Registrar of a District Registry of the Federal Court of Australia is to have custody of, and control over:
(a)
each document filed in the Registry in a proceeding; and
(b)
the records of the Registry relating to a proceeding.
(2)
A person may remove a document from a Registry if:
(a)
a Registrar has given written permission for the removal because it is necessary to transfer the document to another Registry; or
(b)
the Court or a Registrar has given the person leave for the removal.
(3)
If the Court or Registrar permits a person to remove a document from the Registry, the person must comply with any conditions on the removal imposed by the Court or Registrar.

2.11Inspection of documents

(1)
A party may inspect any document in a proceeding except:
(a)
a document for which a claim of privilege has been made:
(i)
but not decided by the Court; or
(ii)
that the Court has decided is privileged; or
(b)
a document that the Court or a Registrar has ordered be confidential.
(2)
A person who is not a party may inspect the following documents in a proceeding in the appropriate registry:
(a)
an application starting the proceeding or a cross‑claim;
(b)
a response or reply;
(c)
a notice of address for service;
(d)
a pleading or particulars of a pleading or similar document;
(e)
a statement of agreed facts or an agreed statement of facts;
(f)
an application in a proceeding;
(g)
a judgment or an order of the Court;
(h)
a notice of discontinuance;
(i)
a notice of change of lawyer;
(j)
a notice of withdrawal;
(k)
reasons for judgment;
(l)
a transcript of a hearing heard in open court.
(3)
However, a person who is not a party is not entitled to inspect a document if:
(a)
the Court or a Registrar has ordered the document be confidential; or
(b)
the person is not entitled to inspect the document because of a suppression order or non‑publication order by the Court.
Note: For the power of the Court to make a suppression order or non‑publication order, see sections 230 and 233 of the Act.
(4)
A person may apply to the Court or a Registrar for leave to inspect a document that the person is not otherwise entitled to inspect.
(5)
A person may be given a copy of a document, except a copy of the transcript in the proceeding, if the person:
(a)
is entitled to inspect the document; and
(b)
has paid the prescribed fee.
Note 1: For the prescribed fee, see the Federal Court and Federal Circuit and Family Court Regulations 2012.
Note 2: If there is no order that a transcript is confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of a proceeding from the Court’s transcript provider.

Division 2.4Seal and stamp of Court2.12Use of seal of Court

The seal of the Court must be attached to:
(a)
Rules of Court; and
(b)
any other documents the Court or a Judge directs or the law requires.
Note 1: The seal must be attached to all writs, commissions and process issued from the Court (see subsection 180(1) of the Act). It may also be used to enter an order (see rule 17.08).
Note 2: The design of the seal is determined by the Minister and the seal is kept in custody as directed by the Chief Judge (see section 178 of the Act).

2.13Stamp of Court

(1)
The Registrar must keep, in the Registrar’s custody, a stamp designed, as nearly as practicable, to be the same as the design of the seal of the Court.
(2)
The stamp of the Court must be attached to all process filed in the Court and orders entered and to other documents as directed by the Court.
Note: Documents marked with the stamp are as valid and effectual as if sealed with the seal of the Court (see subsection 179(2) of the Act).

2.14Methods of attaching the seal or stamp

The seal or stamp of the Court may be attached to a document:
(a)
by hand; or
(b)
by electronic means; or
(c)
in another way.

Part 3Sittings, registry hours and timeDivision 3.1Sittings, holidays and registry hours3.01Sittings

(1)
The Court sits at times and places as directed by the Chief Judge.
(2)
Unless the Judge constituting the Court otherwise directs, the Court does not sit:
(a)
on a Saturday or Sunday; or
(b)
on a day that is a public holiday where the registry is located.

3.02Registry hours

(1)
A registry must be open for business when the registry facilities shared by the registry under arrangements made under section 248 of the Act are open for business.
(2)
A registry may be open at other times for urgent business at the direction of a Judge.

Division 3.2Time3.03Meaning of month

In these Rules and in a judgment, decree, order or any document in a proceeding, unless the context otherwise indicates:
month means a calendar month.

3.04Calculating time

(1)
This rule applies to a period of time fixed by these Rules or by a judgment, decree, order or any document in a proceeding.
(2)
If a period of more than 1 day is to be calculated by reference to a particular day or event, the particular day or the day of the event must not be counted.
(3)
If a period of 5 days or less would, but for this subrule, include a day when the registry is closed, that day must not be counted.
(4)
If the last day for taking an action that requires attendance at a registry is a day when the registry is closed, the action may be taken on the next day when the registry is open.
(5)
Subsection 36(2) of the Acts Interpretation Act 1901 does not apply to these Rules.

3.05Extension or shortening of time fixed

(1)
The Court may extend or shorten a time fixed by these Rules or by a judgment, decree or order.
(2)
A Registrar may extend or shorten a time fixed by these Rules.
(3)
The time fixed may be extended even if the time fixed has passed.
(4)
A time fixed by these Rules or by a judgment, decree or order for service, filing or amendment of a document may be extended by consent without an order.

Part 4Starting proceedingsDivision 4.1General4.01Application

(1)
Unless otherwise provided in these Rules, a proceeding must be started by filing an application in accordance with the approved form.
(2)
An application for final orders may include an application for interim or procedural orders.
(3)
A person must not file an application for an interim or procedural order unless:
(a)
an application for a final order has been made in the proceeding; or
(b)
the application includes an application for a final order.
(4)
If a person makes an application in a proceeding before final orders have been made in a proceeding, the application must be made in accordance with rule 4.06.

4.02Content of application

An application must precisely and briefly state the orders sought and the basis on which the orders are sought.

4.03Response to application

(1)
A respondent to an application who seeks to do any of the following must file a response in accordance with the approved form:
(a)
indicate consent to an order sought by the applicant;
(b)
ask the Court to make another order;
(c)
ask the Court to dismiss the application;
(d)
seek orders in a matter other than the matter set out in the application;
(e)
make a cross‑claim against the applicant or another party.
(2)
A response must precisely and briefly state any orders sought and the basis on which the orders are sought.
(3)
A response must be filed and served within 28 days after service of the application to which it relates.
Note: A response to an application under Part 29 must comply with the additional requirements of rule 29.06.

4.04Affidavit to be filed with application or response

(1)
A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts relied on.
(2)
However, an affidavit is not required:
(a)
in an application for interim or procedural orders—if the evidence relied on is in an affidavit or affidavits filed in the pending proceeding; or
(b)
if the person filing an application files a statement of claim or points of claim; or
(c)
in an application filed in the Fair Work Division in accordance with rule 30.04, 30.05, 30.06, 30.08 or 30.11; or
(d)
in an application filed in accordance with rule 31.03.
(3)
If a statement of claim or points of claim are filed, a respondent:
(a)
must file a defence or points of defence instead of an affidavit; and
(b)
may file a cross‑claim.
Note: Paragraph 174(2)(b) of the Act provides for the Rules of Court made under the Federal Court of Australia Act 1976 to apply, with necessary modifications, to the practice and procedure of the Court for particular jurisdictions of the Court if these Rules are insufficient. The Federal Court Rules may be used to direct how pleadings are to be dealt with in the Court if subrules 4.04(2) and (3) of these Rules apply.

4.05Reply in certain circumstances

(1)
If a response to an application or cross‑claim seeks orders in a matter (other than the orders set out in the application) the applicant may file and serve a reply to the response in accordance with the approved form.
(2)
A reply must be filed and served within 14 days of service of the response to which it relates.

4.06Application in a proceeding

(1)
An application in a proceeding must be made in accordance with the approved form.
(2)
In addition to the requirements in rule 4.04, the application must state:
(a)
the name and address of the person making the application in a proceeding; and
(b)
the names and addresses for service of all persons affected by the order which is sought; and
(c)
the names and addresses of the parties in the application filed for starting proceedings, as stated in that application.
(3)
The application and supporting affidavit must be served on all persons against whom the order is sought, in accordance with Part 6.

Division 4.2Rules for proceedings if Civil Dispute Resolution Act applies4.07Applicant’s genuine steps statement

(1)
If Part 2 of the Civil Dispute Resolution Act applies to a proceeding, the applicant in the proceeding must, when filing the application mentioned in subrule 4.01(1), file the applicant’s genuine steps statement in accordance with the approved form.
(2)
The applicant’s genuine steps statement must comply with section 6 of the Civil Dispute Resolution Act.
(3)
The applicant’s genuine steps statement must be no more than 2 pages.
Note 1: For Civil Dispute Resolution Act, see rule 1.05.
Note 2: A party who wants to start a proceeding must have regard to the Civil Dispute Resolution Act before starting the proceeding to determine whether the Civil Dispute Resolution Act applies to the proceeding.
Note 3: A lawyer must comply with section 9 of the Civil Dispute Resolution Act if that Act applies to the proceeding.

4.08Respondent’s genuine steps statement

(1)
If an applicant has filed a genuine steps statement, the respondent must file the respondent’s genuine steps statement in accordance with the approved form within 14 days after service of the applicant’s application.
(2)
The respondent’s genuine steps statement must comply with section 7 of the Civil Dispute Resolution Act.
(3)
The respondent’s genuine steps statement must be no more than 2 pages.
Note 1: For Civil Dispute Resolution Act, see rule 1.05.
Note 2: Rule 4.07 requires an applicant in a proceeding to which the Civil Dispute Resolution Act applies to file the applicant’s genuine dispute resolution statement at the same time as the application is filed.

Part 5Urgent applications5.01Urgent application

In an urgent case, if service on the respondent is not practicable, the Court may, on application, make an order until a specified time or until further order.

5.02Form of application

Unless the Court orders otherwise, an urgent application must be made in the form approved for the purpose of starting a proceeding under subrule 4.01(1) or an application in a proceeding under subrule 4.06(1).

5.03Evidence

(1)
Unless the Court otherwise orders, the applicant must establish the following by affidavit or, with the leave of the Court, orally:
(a)
whether there are previous proceedings between the parties and, if so, the nature of the proceedings;
(b)
whether there are any current proceedings in any court in which the applicant or the respondent are parties;
(c)
the particulars of any orders currently in force between the parties, including the courts in which they were made;
(d)
the steps that have been taken to tell the respondent or the respondent’s legal representative of the applicant’s intention to make the application or the reasons why no steps were taken;
(e)
the nature and immediacy of the damage or harm that may result if the order is not made;
(f)
why the making of the order is a matter of urgency and why shortening the time for service of the application and the fixing of an early hearing date would not be more appropriate;
(g)
if the application relates to a financial matter—the capacity of the applicant to give an undertaking as to damages;
(h)
the other facts, matters and circumstances relied on by the applicant in support of the application.
(2)
Paragraph (1)(d) does not apply to an application for an interim injunction under section 46PP of the Human Rights Act.

Part 6ServiceDivision 6.1General6.01Address for service

(1)
A party to a proceeding must give an address for service.
(2)
A party may give an address for service:
(a)
by filing a relevant document that includes an address for service; or
(b)
by filing a notice of address for service in accordance with the approved form.
(3)
An address for service:
(a)
must be an address in Australia; and
(b)
must include a telephone number at which the party may be contacted during normal business hours; and
(c)
must include a current email address for the party; and
(d)
may include a fax number for the party.
(4)
If the party is represented by a lawyer who has general authority to act for the party, the address for service for the party must be the address of the lawyer.
(5)
If the party is represented by a lawyer and the notice for service provides the lawyer’s email address, the party agrees for the party’s lawyer to receive documents at the lawyer’s email address.
(6) If the party is not represented by a lawyer, the party agrees to receive documents at the party’s email address.
Note: The parties may agree on how service is to be carried out. For example, the parties may agree that service is to be by email.

6.02Change of address for service

If a party’s address for service changes for any reason during a proceeding, the party must, within 7 days of the change:
(a)
file a notice of address for service; and
(b)
serve the notice on each other party.

6.03Service of documents

(1)
A document to be served in a proceeding must be filed and sealed.
(2)
An application and each document filed with it must be served on each party to the proceeding within the time mentioned in rule 6.19.
(3)
If a document, other than an application and its related documents, is required to be served, the person who files the document must serve a copy of it as soon as practicable on each other party to the proceeding who has an address for service in the proceeding.

6.04Court’s discretion in relation to service

Nothing in this Part affects the power of the Court:
(a)
to authorise service of a document in a way that is not provided for in this Part; or
(b)
to find that a document has been served; or
(c)
to find that a document has been served on a particular day.

6.05Affidavit of service

(1)
Unless the Court otherwise orders, evidence of service to be given must be given by affidavit.
(2)
For the purposes of subrule (1), the approved form may be used.

Division 6.2Service by hand6.06When is service by hand required

(1)
Service by hand is required for an application starting a proceeding or a subpoena requiring attendance of a person.
(2)
However, service by hand is not required if:
(a)
there are current proceedings for which there is a notice of address for service for the person to be served; or
(b)
the Court directs that an application may be served in another way; or
(c)
a lawyer accepts service for a party and subsequently files an address of service; or
(d)
a lawyer accepts service for a person other than a party.

6.07Service by hand on an individual

(1)
A person serving a document by hand on an individual must give a copy of the document to the person to be served.
(2)
However, if the person to be served does not take the copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is.

6.08Service by hand on a corporation, unincorporated association or organisation

(1)
Unless the Court otherwise orders, a person serving a document by hand on a corporation, unincorporated association or organisation must leave a copy of the document with a person who is apparently an officer of or in the service of the corporation, unincorporated association or organisation:
(a)
for a corporation:
(i)
at the registered office of the corporation; or
(ii)
if there is no registered office—at the principal place of business or the principal office of the corporation; or
(b)
for an unincorporated association—at the principal place of business or the principal office of the association or on an officer holder; or
(c)
for an organisation—at the office of the organisation shown in the copy records of the organisation lodged with the Registered Organisations Commissioner under section 233 of the Fair Work (Registered Organisations) Act 2009.
(2)
Despite subrule (1), service by hand may be effected:
(a)
on a company, as defined in section 9 of the Corporations Act 2001, in any manner permitted by section 109X of that Act; or
(b)
on the liquidator of a company, in the manner permitted by paragraph 109X(1)(c) of that Act; or
(c)
on an administrator of a company, in the manner permitted by paragraph 109X(1)(d) of that Act.

6.09Service of application on unregistered business

(1)
This rule applies if:
(a)
a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s name; and
(b)
the name is not registered under an applicable State or Territory law; and
(c)
the proceeding is started in the name under which the person carries on the business.
(2)
The application may be served by leaving a copy at the person’s place of business with a person who appears to have control or management of the business there.

6.10Service of application on partnership

(1)
An application against a partnership must be served:
(a)
on one or more of the partners; or
(b)
on a person at the principal place of business of the partnership who appears to have control or management of the business there; or
(c)
if there is a registered office of the partnership—at that office.
(2)
An application served in accordance with this rule is taken to be served on each of the partners who are partners when the application is filed.
(3)
However, the application must also be served on any person who the applicant seeks to make liable as a partner and who is not a partner when the application is filed.

Division 6.3Ordinary service6.11Service other than by hand

(1)
If a document is not required to be served by hand, the document may be served on a person at the person’s address for service:
(a)
by delivering it to the address in a sealed envelope addressed to the person; or
(b)
by sending it to the address by pre‑paid post in a sealed envelope addressed to the person; or
(c)
by fax transmission addressed to the person and sent to a fax receiver at the address; or
(d)
if the address includes the number of a document exchange box of a lawyer—by sealing the document in an envelope that complies with any prepayment requirements of the document exchange and is addressed to the lawyer (at that box address) and placing the envelope:
(i)
in that box; or
(ii)
in a box provided at another branch of the document exchange for delivery of documents to the box address; or
(e)
if the person has filed a notice authorising service by email—by sending the document to the email address; or
(f)
if the party is represented by a lawyer, and the address for service provides the lawyer’s email address—by sending it to the lawyer’s email address.
(2)
If the person does not have an address for service, the document may be served on the person:
(a)
by delivering it to the person’s last known address or place of business in a sealed envelope addressed to the person; or

(b)
by sending it by pre‑paid post in a sealed envelope addressed to the person at the person’s last known address or place of business; or
(c)
by sending it to the person’s last known email address; or
(d)
if the person is a corporation or organisation and a law of the Commonwealth or the State or Territory in which service is to be effected provides for service of a document on a corporation or organisation—by serving the document in accordance with such provision.

6.12When service is effected

A document served by post, fax or electronic communication is taken to have been served:
(a)
if it was posted to an address in Australia—on the day the document would be delivered in the ordinary course of the post; or
(b)
if it was posted by airmail to an address outside Australia—on the 28th day after posting; or
(c)
if the document was sent by fax—on the next business day after the document was sent; or
(d)
if the document was sent by electronic communication—on the next business day after the document was sent.

6.13Special requirements for service by fax

(1)
A document served by fax transmission must include a cover page stating the following:
(a)
the sender’s name and address;
(b)
the name of the person to be served;
(c)
the date and time of transmission;
(d)
the total number of pages, including the cover page, transmitted;
(e)
the telephone number from which the document is transmitted;
(f)
the name and telephone number of a person to contact if there is a problem with transmission;
(g)
that the transmission is for service.
(2)
An affidavit of service of a document by fax transmission must have the transmission report indicating successful transmission annexed.

Division 6.4Substituted service and dispensing with service6.14Substituted service

(1)
If, for any reason, it is impracticable to serve a document in a way required under this Part, the Court may make an order dispensing with service or substituting another way of serving the document.
(2)
The Court may specify the steps to be taken for bringing the document to the attention of the person to be served.
(3)
The Court may specify that the document is to be taken to have been served on the happening of a specified event or at the end of a specified time.

6.15Matters to be taken into account

In making an order for dispensing with service or for substituted service, the Court may have regard to:
(a)
whether reasonable steps have been taken to attempt to serve the document; and
(b)
whether it is likely that the steps that have been taken have brought the existence and nature of the document to the attention of the person to be served; and
(c)
whether the person to be served could become aware of the existence and nature of the document by means of advertising or another means of communication that is reasonably available; and
(d)
the likely cost to the party serving the document, the means of that party and the nature of the proceedings; and
(e)
any other relevant matter.

6.16Failure to comply with condition

Failure to comply with a condition of an order for substituted service does not prevent the Court from finding that the document is taken to have been served on a date specified in the order.

Division 6.5Time for service6.17General time limit

Unless the Court otherwise orders, a document must not be served more than 12 months after it is filed.

6.18Time for service of subpoena

A subpoena must be served within 3 months after it is issued.

6.19Time for service of applications

Unless the Court orders otherwise, an application and any document filed with it must not be served:
(a)
less than 3 days before the day fixed for the hearing of an application in a proceeding; or
(b)
less than 7 days before the day fixed for the hearing of any other application.

Part 7Amendment7.01Power to amend

(1)
At any stage in a proceeding, the Court or a Registrar may allow or direct a party to amend a document (other than an affidavit) in the way and on the conditions the Court or the Registrar thinks fit.
(2)
Subject to rule 7.03, the Court or a Registrar may allow an amendment even if the effect would be to include a cause of action arising after the proceeding was started.

7.02Who may be required to make an amendment

If the Court orders an amendment to be made to a document, the Court may order a party, a Registrar, a Judge’s associate or another appropriate person to make the amendment.

7.03Amendment after limitation period

(1)
This rule applies if an application for leave to make an amendment is made after the end of a relevant period of limitation current at the date the proceeding was started.
(2)
The Court may give leave to make an amendment correcting the name of a party, even if it is alleged that the effect would be to substitute a new party, if:
(a)
the Court considers it appropriate; and
(b)
the Court is satisfied that the mistake sought to be corrected was genuine and was not misleading or such as to cause reasonable doubt as to the identity of the party.
(3)
The Court may give leave to make an amendment changing the capacity in which a party seeks orders (whether as applicant or respondent by counterclaim) if:
(a)
the Court considers it appropriate; and
(b)
the capacity in which the party will seek orders is one in which, at the time the proceeding was started by the party, the party might have sought orders.
(4)
The Court may give leave to make an amendment even if the effect is to include a new cause of action, if:
(a)
the Court considers it appropriate; and
(b)
the new cause of action arises out of the same, or substantially the same, facts as a cause of action for which relief has already been claimed in the proceeding by the party seeking leave to amend.

Part 8Transfer of proceedings8.01Change of venue

(1)
A party who files an application or a response in a proceeding may apply to have the proceeding heard in another registry of the Court.
(2)
In considering an application, the Court must have regard to:
(a)
the convenience of the parties; and
(b)
the limiting of expense and the cost of the proceeding; and
(c)
whether the matter has been listed for final hearing; and
(d)
any other relevant matter.

8.02Transfer to Federal Court

(1)
Unless the Court otherwise orders, an application under paragraph 153(2)(a) of the Act to transfer a proceeding from the Court to the Federal Court must:
(a)
be made on or before the first court date for the proceeding; and
(b)
be included in an application or a response in accordance with the approved form; and
(c)
be supported by an affidavit.
Note: Subsection 153(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Court and is not a family law or child support proceeding to the Federal Court. Subsection 153(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.
(4)
In addition to the factors to which the Court must have regard under subsection 153(3) of the Act in deciding whether to transfer a proceeding to the Federal Court, the Court must take the following factors into account:
(a)
whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Court on one or more of the points in issue;
(b)
whether, if the proceeding is transferred, it is likely to be heard and determined at less cost and more convenience to the parties than if the proceeding were not transferred;
(c)
whether the proceeding will be heard earlier in the Court;
(d)
the availability of particular procedures appropriate for the class of proceeding;
(e)
the wishes of the parties.
(5)
Before the Court makes an order under subsection 153(1) of the Act transferring a proceeding from the Court to the Federal Court:
(a)
the Court must consult the Chief Judge of the Court in relation to the proposed transfer; and
(b)
the Chief Judge of the Court must consult the Chief Justice of the Federal Court, or a delegate of the Chief Justice of the Federal Court, in relation to the proposed transfer.
(6)
A failure to comply with this rule in relation to a proposed transfer of a proceeding under subsection 153(1) of the Act does not affect the validity of an order made under that subsection transferring the proceeding.

8.03Proceeding transferred to Federal Court

If a proceeding is transferred to the Federal Court, the Registrar must:
(a)
send to the proper officer of that court all documents filed and orders made in the proceeding; and
(b)
retain in the Court a copy of all orders made in the proceeding.

8.04Proceeding transferred from Federal Court

If a proceeding or appeal is transferred to the Court from the Federal Court:
(a)
a sealed copy of the order of the Federal Court transferring the proceeding or appeal must, unless the Federal Court otherwise directs, be filed:
(i)
if the order was obtained by a party—by the party; or
(ii)
if the order was made by the Federal Court on its own initiative—by the applicant in the proceeding; and
(b)
the Registrar must:
(i)
give the proceeding or appeal a distinctive number; and
(ii)
unless it is impracticable to do so, allocate a first court date within 14 days after the transfer.

Part 9Lawyers9.01Change between acting in person and by lawyer

(1)
If a party acts in person in a proceeding and later appoints a lawyer, the lawyer must, as soon as practicable, file and serve notice of the appointment on each other party.
(2)
If a party appoints a lawyer and later decides to act in person, the party must, as soon as practicable, file and serve notice of acting in person on the lawyer and each other party.
(3)
The party’s former lawyer remains the lawyer on the record until the party serves the notice on the former lawyer.
(4)
Notice under this rule must contain details of an address for service in accordance with the approved form.

9.02Change of lawyer

(1)
A party may, at any stage in a proceeding, appoint another lawyer in place of the lawyer then acting for the party.
(2)
The newly appointed lawyer must, as soon as practicable, file and serve on each other party and the party’s former lawyer notice of the appointment.
(3)
The party’s former lawyer remains the lawyer on the record until the newly appointed lawyer has complied with subrule (2).
(4)
Notice under this rule must contain details of an address for service in accordance with the approved form.

9.03Withdrawal as lawyer

(1)
A lawyer for a party may withdraw from the record in a proceeding by filing a notice of withdrawal, in accordance with the approved form, and serving the notice on each other party.
(2)
However, a lawyer may not file or serve a notice of withdrawal without leave of the Court unless the lawyer has, not less than 7 days before filing the notice, served a notice of intention to withdraw on the party for whom the lawyer is acting.
(3)
A notice of intention to withdraw must be in accordance with the approved form.
(4)
A lawyer may serve a notice of intention to withdraw on a party by:
(a)
posting it to the residential or business address of the party last known to the lawyer; or
(b)
emailing it to the email address of the party last known to the lawyer.
(5)
If a party’s lawyer withdraws from the record, the party’s last known residential or business address is the address for service until:
(a)
the party appoints another lawyer; or
(b)
the party files a notice of address for service.
Note: If a party’s address for service changes for any reason during a proceeding, the party must file a notice of address for service (see rule 6.02).

9.04Corporation must be represented

Except as provided by or under an Act or regulations made under an Act, or with the leave of the Court, a corporation may not start or carry on a proceeding otherwise than by a lawyer.

Part 10How to conduct proceedingsDivision 10.1First court date10.01Directions and orders

(1)
At the first court date, the Court or a Registrar must give orders or directions for the conduct of the proceeding.
(2)
Without limiting subrule (1), the Court or a Registrar may hear and determine all or part of the proceeding.
(3)
Without limiting subrule (1), the Court or a Registrar may make orders or directions in relation to the following:
(a)
manner and sufficiency of service;
(b)
amendment of documents;
(c)
defining the issues;
(d)
filing affidavits;
(e)
cross‑claims;
(f)
joinder of parties;
(g)
dispute resolution;
(h)
admissibility of affidavits;
(i)
discovery and inspection of documents;
(j)
interrogatories;
(k)
inspections of real or personal property;
(l)
admissions of fact or of documents;
(m)
giving particulars;
(n)
giving evidence at hearing (including the use of statements of evidence and taking evidence by video link or telephone or other means);
(o)
expert evidence and court experts;
(p)
transfer of proceedings;
(q)
costs;
(r)
hearing date;
(s)
any other matter that the Court or Registrar considers appropriate.

10.02Adjournment of first court date

(1)
If the parties agree that, because of short service or other special circumstances, it is not appropriate to proceed on the first court date fixed, the parties may ask a Registrar in writing to adjourn the first court date to another date.
(2)
The Registrar may adjourn the first court date to the date requested by the parties or to another date that is practicable.

10.03Fixing date for final hearing

At the first court date, the Court or a Registrar may:
(a)
fix a date for final hearing; or
(b)
direct the parties to arrange with the Registrar a date for final hearing; or
(c)
fix a date after which either party may request a date for final hearing; or
(d)
remove the matter from the list.

Division 10.2Dispute resolution10.04Agreement reached by dispute resolution

If the parties to a proceeding resolve the issues between them following a dispute resolution process, the parties may:
(a)
discontinue the proceeding; or
(b)
ask the Court to make consent orders.
Note 1: Parties may be advised to use dispute resolution processes. For the duty of the Court to advise people to use dispute resolution processes, see section 158 of the Act. For the duty of lawyers to advise parties to use dispute resolution processes, see section 159 of the Act. For the duty of designated officers of the Court to advise parties to use dispute resolution processes, see section 160 of the Act.
Note 2: See also sections 161, 169 and 170 of the Act, which contain provisions dealing with the Court’s power to refer a matter for conciliation, mediation or arbitration.
Note 3: For mediation and arbitration, see Part 23 of these Rules.

10.05Conciliation conference

(1)
The Court may refer a proceeding, or a part of a proceeding or a matter arising out of a proceeding, for conciliation.
(2)
A conciliation conference must be held with:
(a)
a Judge; or
(b)
a Registrar; or
(c)
another person appointed by the Court for the purpose.
(3)
Unless the Court or a Registrar otherwise orders:
(a)
the parties must attend the conference in person; and
(b)
each lawyer representing a party must also attend.
(4)
The parties must make a genuine effort to reach agreement on relevant matters in issue.
(5)
If an issue between the parties remains unresolved at the end of a conciliation conference, the Judge or Registrar may:
(a)
give further directions; and
(b)
make any other order, including an order for costs.

Division 10.3Notice of constitutional matter10.06Party to file notice of constitutional matter

(1)
Unless the Court otherwise orders, a party to a proceeding who becomes aware that the proceeding involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903, must file a notice of a constitutional matter and serve a copy on each other party to the proceeding.
(2)
The notice may be in the form prescribed for the purpose under the Federal Court Rules and must state:
(a)
the nature of the matter; and
(b)
the facts showing that the matter is a matter to which subrule (1) applies.

Part 11Parties and litigation guardiansDivision 11.1Parties11.01Necessary parties

(1)
Subject to any order of the Court, a person whose participation is necessary for the Court to completely and finally determine all matters in dispute in a proceeding must be included as a party to the proceeding.
(2)
The Court may require a person to be included as a party.
(3)
A person required to be included as an applicant who does not consent to be included may be included as a respondent.
(4)
The Court may decide a proceeding even if a person is incorrectly included or not included as a party.

11.02Party may include another person as a party

(1)
A party to a proceeding may include any person as a party by:
(a)
naming the person as a party in the application, response or reply; and
(b)
serving on the person a copy of the application, response or reply and all other relevant documents filed in the proceeding.
(2)
A party must not include a person as a party after the first court date without the leave of the Court.
(3)
The Court may at any time order a party who has included a person as a party to file and serve on each other party to the proceeding an affidavit setting out the basis on which the person has been included.

11.03Person may apply to be included

(1)
A person may apply to the Court to be included as a party to a proceeding.
(2)
Unless the Court otherwise orders, the application must be supported by an affidavit stating:
(a)
the person’s interest in the proceeding or any matter in dispute between the person and a party to the proceeding; and
(b)
the orders (if any) that the person will seek if included as a party.
(3)
The person must serve a copy of the application and affidavit on each party to the proceeding.
(4)
An order for inclusion of the party may be on limited terms.

11.04Party may apply to be removed

(1)
A party to a proceeding may apply to the Court to be removed as a party.
(2)
The party must file an affidavit stating:
(a)
the relationship (if any) of the applicant to each other party; and
(b)
the evidence in support of the application.
(3)
The party must serve a copy of the application and affidavit on each other party to the proceeding.

11.05Court may order notice to be given

The Court may at any time order a party, or a person applying to be included as a party, to notify any person of:
(a)
the proceeding; or
(b)
the application of the person to be included as a party.

11.06Intervention by Attorney‑General

If intervening in a proceeding, the Attorney‑General must:
(a)
file a notice setting out the basis or grounds of the intervention and the orders (if any) sought; and
(b)
serve a copy of the notice and affidavit (if any) on each other party to the proceeding.

Division 11.2Litigation guardian11.07Person who needs a litigation guardian

(1)
For the purposes of these Rules, a person needs a litigation guardian in relation to a proceeding if the person:
(a)
does not understand the nature and possible consequences of the proceeding; or
(b)
is not capable of adequately conducting, or giving adequate instruction for the conduct of, the proceeding.
(2)
Unless the Court otherwise orders, a minor in a proceeding is taken to need a litigation guardian in relation to the proceeding.

11.08Starting, continuing, defending or inclusion in proceeding

(1)
A person who needs a litigation guardian may start, continue, respond to or seek to be included as a party to a proceeding only by the person’s litigation guardian.
(2)
The litigation guardian of a party to a proceeding:
(a)
must do anything required by these Rules to be done by the party; and
(b)
may do anything permitted by these Rules to be done by the party.

11.09Who may be a litigation guardian

A person may be a litigation guardian in a proceeding if the person is an adult and has no interest in the proceeding adverse to the interest of the person needing the litigation guardian.

11.10Appointment of litigation guardian

(1)
The Court may, at the request of a party or on its own initiative, appoint or remove a litigation guardian or substitute another person as litigation guardian in a proceeding in the interests of a person who needs a litigation guardian.
(2)
A person becomes a litigation guardian if the person consents to the appointment by filing an affidavit of consent in the proceeding.

(3)
The Court may remove a litigation guardian at the request of the litigation guardian.

11.11Manager of the affairs of a party

(1)
In this rule:
manager of the affairs of a party includes a person who is authorised by or under a Commonwealth, State or Territory law to conduct legal proceedings in the name of, or for, a person who needs a litigation guardian.
(2)
A person who is a manager of the affairs of a party is entitled to be the litigation guardian in any proceeding to which the authority extends.
(3)
The Attorney‑General may appoint in writing a person to be a manager of the affairs of a party for the purposes of this rule, either generally or for a particular person.
(4)
A manager of the affairs of a party becomes the litigation guardian of a person who needs a litigation guardian in a proceeding if the manager of the affairs of the party files an affidavit of consent in relation to the person.

11.12Notice of becoming litigation guardian

A person appointed as the litigation guardian of a party to a proceeding must, as soon as practicable after the appointment, give notice of the appointment to each other party to the proceeding.

11.13Costs and expenses of litigation guardian

The Court may make orders for the payment of the costs and expenses of a litigation guardian (including the costs of an application for the appointment of the litigation guardian):
(a)
by a party; or
(b)
from the income or assets of the person for whom the litigation guardian is appointed.

11.14Service

(1)
A document required to be served by hand on a person who needs a litigation guardian must be served:
(a)
on the person’s litigation guardian for the proceeding; or
(b)
if there is no litigation guardian—on a person who is entitled under subrule 11.11(2) to be the person’s litigation guardian for the proceeding; or
(c)
if there is no‑one under paragraph (a) or (b)—on an adult who has the care of the person.
(2)
For the purposes of paragraph (1)(c), a superintendent or other person in direct charge of a hospital or nursing home is taken to have the care of a person who is a patient in the hospital or nursing home.

Part 12Court referral for legal assistance12.01Referral for legal assistance

(1)
The Court may refer a party to a lawyer for legal assistance by issuing a referral certificate in accordance with the approved form.
(2)
In making a referral under subrule (1), the Court may take the following matters into account:
(a)
the means of the party;
(b)
the capacity of the party to otherwise obtain legal assistance;
(c)
the nature and complexity of the proceeding;
(d)
any other matters the Court considers appropriate.
(3)
The referral certificate may state the kind of legal assistance for which the party has been referred.
(4)
The Registrar will attempt to arrange for the provision of legal assistance in accordance with the referral certificate to a pro bono lawyer.

12.02A party has no right to apply for a referral

A party is not entitled to apply to the Court for a referral under rule 12.01.

12.03Acceptance of referral and provision of legal assistance

If a lawyer agrees to accept a referral under rule 12.01, the lawyer must provide legal assistance in accordance with the referral certificate.

12.04Ceasing to provide legal assistance

If a pro bono lawyer no longer wishes to provide legal assistance, the lawyer must withdraw in accordance with rule 9.03.

Part 13Ending a proceeding earlyDivision 13.1Discontinuance13.01Discontinuance

(1)
A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.
(2)
A notice of discontinuance may be filed:
(a)
at least 14 days before the day fixed for the final hearing of the application; or
(b)
with the leave of the Court or a Registrar, at a later time.
(3)
However, a party must not file a notice of discontinuance without the leave of the Court or a Registrar if the proceeding is a creditor’s petition.
(4)
A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.

13.02Costs

(1)
If a party discontinues an application, or part of an application, another party to the proceeding may apply for costs.
(2)
Unless the Court or a Registrar directs otherwise, an application for costs must be made by a party within 28 days after service on the party of the notice of discontinuance.
(3)
If an order for costs is made against a party and the party brings against the party to whom the costs are payable a further proceeding on the same or substantially the same matter, the Court may stay the further proceeding until the costs are paid.

Division 13.2Order or judgment on default13.03Definitions for Division 13.2

In this Division:
applicant includes a cross‑claimant.
claim includes a cross‑claim.
respondent includes a cross‑respondent.

13.04When a party is in default

(1)
For the purposes of rule 13.05, an applicant is in default if the applicant fails to:
(a)
comply with an order of the Court in the proceeding; or
(b)
file and serve a document required under these Rules; or
(c)
produce a document as required by Part 14; or
(d)
do any act required to be done by these Rules; or
(e)
prosecute the proceeding with due diligence.
(2)
For the purposes of rule 13.05, a respondent is in default if the respondent:
(a)
has not satisfied the applicant’s claim; and
(b)
fails to:
(i)
give an address for service before the time for the respondent to give an address has expired; or
(ii)
file a response before the time for the respondent to file a response has expired; or
(iii)
comply with an order of the Court in the proceeding; or
(iv)
file and serve a document required under these Rules; or
(v)
produce a document as required by Part 14; or
(vi)
do any act required to be done by these Rules; or
(vii)
defend the proceeding with due diligence.

13.05Orders on default

(1)
If an applicant is in default, the Court may order that:
(a)
the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the applicant; or
(b)
a step in the proceeding be taken within the time limited in the order; or
(c)
if the applicant does not take a step in the time mentioned in paragraph (b)—the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the applicant.
(2)
If a respondent is in default, the Court may:
(a)
order that a step in the proceeding be taken within the time limited in the order; or
(b)
if the claim against the respondent is for a debt or liquidated damages—grant leave to the applicant to enter judgment against the respondent for:
(i)
the debt or liquidated damages; and
(ii)
if appropriate—costs; or
(c)
if the proceeding was started by an application supported by a statement of claim or the Court has ordered that the proceeding continue on pleadings—give judgment against the respondent for the relief that:
(i)
the applicant appears entitled to on the statement of claim; and
(ii)
the Court is satisfied it has power to grant; or
(d)
give judgment or make any other order against the respondent; or
(e)
make an order mentioned in paragraph (b), (c) or (d) to take effect if the respondent does not take a step ordered by the Court in the proceeding in the time limited in the order.
(3)
The Registrar must enter judgment for the debt or liquidated damages, costs and interest against the respondent as specified in leave granted under paragraph (2)(b), without giving notice, or further notice, to the respondent, if the applicant has filed in the Registry:
(a)
an affidavit, or affidavits, proving:
(i)
service of the application claiming judgment for the debt or liquidated damages; and
(ii)
that the respondent is in default; and
(b)
an affidavit for the debt or liquidated damages in accordance with the approved form.
(4)
Unless the Court otherwise orders, if a respondent to a cross‑claim is in default:
(a)
a judgment or decision on any claim, question or issue in the proceeding on the originating process; or
(b)
any other cross‑claim in the proceeding;
is binding as between the cross‑claimant and the respondent to the cross‑claim, to the extent that the judgment or decision is relevant to any claim, question or issue in the proceeding on the cross‑claim.
(5)
In subrule (4):
decision includes a decision by consent.
judgment includes a judgment by default or by consent.
(6)
The Court may make an order of the kind mentioned in subrule (1), (2) or (4), or any other order, or may give any directions, and specify any consequences for non‑compliance with the order, that the Court thinks just.

13.06Default of appearance of a party

(1)
If a party to a proceeding is absent from a hearing (including a first court date), the Court or a Registrar may do any of the following:
(a)
adjourn the hearing to a specific date or generally;
(b)
order that there is not to be any hearing, unless:
(i)
the proceeding is again set down for hearing; or
(ii)
any other steps that the Court or the Registrar directs are taken;
(c)
if the absent party is an applicant—dismiss the application;
(d)
if the absent party is a party who has made an interlocutory application or a cross‑claim—dismiss the interlocutory application or cross‑claim;
(e)
proceed with the hearing generally or in relation to any claim for relief in the proceeding.
(2)
If a party to a proceeding is absent from a hearing, the Court or a Registrar may also make an order of the kind mentioned in subrule 13.05(1), (2) or (4), or any other order, or may give any directions, and specify any consequences for non‑compliance with the order, that the Court or the Registrar thinks just.

13.07Court’s powers in relation to contempt etc. not affected

Nothing in rule 13.04, 13.05 or 13.06 is intended to limit the Court’s powers in relation to contempt or sanctions for failure to comply with an order.

Division 13.3Consent orders13.08Application for order by consent

(1)
The parties to a proceeding may apply for an order in terms of an agreement reached about a matter in dispute in the proceeding by filing a draft consent order signed by each party.
(2)
The draft consent order must state that it is made by consent.
(3)
The Court may make such orders as the Court considers appropriate in the circumstances.
(4)
If a Registrar has power to make the order, the Registrar may, unless the Registrar considers that the matter should be brought before the Court, make an order in accordance with the terms of the draft consent order.

13.09Additional information

At any time before making a consent order, the Court or a Registrar may require a party to provide additional information.

Division 13.4Summary disposal and stay13.10Disposal by summary judgment

(1)
This rule applies if, in a proceeding:
(a)
in relation to the whole or a part of a party’s claim there is evidence of the facts on which the claim or part is based; and
(b)
either:
(i)
there is evidence given by a party or by some responsible person that the opposing party has no answer to the claim or the part of the claim; or
(ii)
the Court is satisfied that the opposing party has no reasonable prospect of successfully defending the claim or the part of the claim.
(2)
The Court may give judgment on that claim or part of the claim and make any orders or directions that the Court considers appropriate.
(3)
If the Court gives judgment against a party who claims relief against the party obtaining the judgment, the Court may stay execution on, or other enforcement of, the judgment until determination of that claim.

13.11Residue of proceeding

(1)
This rule applies if, in a proceeding:
(a)
a party applies for judgment or an order for stay or dismissal under this Division; and
(b)
the proceeding is not wholly disposed of by judgment or dismissal, or is not wholly stayed.
(2)
The proceeding may be continued in relation to any claim or part of a claim not disposed of by judgment or dismissal and not stayed.
(3)
The Court may give directions for the further conduct of the proceeding.

13.12Application

An application for judgment or for an order that a proceeding be stayed or dismissed must be made by filing an application in accordance with the approved form.

13.13Disposal by summary dismissal

The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that:
(a)
the party prosecuting the proceeding or claim for relief has no reasonable prospect of successfully prosecuting the proceeding or claim; or
(b)
the proceeding or claim for relief is frivolous or vexatious; or
(c)
the proceeding or claim for relief is an abuse of the process of the Court.

13.14Certificate of vexatious proceedings order

(1)
A person who wants the Chief Executive Officer to issue a certificate under section 240 of the Act must make the request in writing and include in the request:
(a)
the applicant’s name and address; and
(b)
the person’s interest in making the request.
(2)
The request must be lodged in the Registry in which the vexatious proceedings order was made.
(3)
The certificate must state:
(a)
the name of the person subject to the vexatious proceedings order; and
(b)
the name of the person who applied for the vexatious proceedings order (unless publication or disclosure of the person’s name is restricted); and
(c)
the date on which the vexatious proceedings order was made; and
(d)
the orders made by the Court.

13.15Application for leave to institute proceedings

An application under subsection 242(2) of the Act for leave to institute a proceeding that is subject to a vexatious proceedings order must be made:
(a)
in accordance with the approved form; and
(b)
without notice to any other person.
Note: Subsection 242(3) of the Act sets out the contents of the affidavit that must be filed with the application.

13.16Dormant proceedings

(1)
If a party has not taken a step in a proceeding for 6 months, the Court may, on its own initiative, order that the proceeding, or a part of the proceeding, be dismissed.
(2)
The Court must not make an order under subrule (1) if:
(a)
there is a future listing for the proceeding or a part of the proceeding; or
(b)
an application in a proceeding relating to the proceeding has not been determined; or
(c)
a party to the proceeding satisfies the Court that the proceeding, or the part of the proceeding, should not be dismissed; or
(d)
the Court has not given the parties to the proceeding notice under subrule (3).
(3)
The Court must, at least 14 days before making an order under subrule (1), give each party to the proceeding written notice of the date and time it will consider whether to make the order.
(4)
Notice under subrule (3) must be sent by post in an envelope marked with the Court’s return address:
(a)
to each party’s address for service; and
(b)
if a party has no address for service—to the party’s last‑known address.

Part 14DisclosureDivision 14.1Answers to specific questions14.01Declaration to allow specific questions

(1)
A declaration may be made under subsection 176(2) of the Act to allow interrogatories on the application of a party or on the Court’s own initiative.
(2)
If a declaration is made, the Court or a Registrar may make appropriate orders in relation to answers to specific questions, having regard to any relevant Federal Court Rules.
Note: Interrogatories are not allowed in relation to a proceeding unless the Court or a Judge declares that it is appropriate in the interests of the administration of justice (see subsections 176(2) and (3) of the Act).

Division 14.2Obligation to disclose14.02Declaration to allow discovery

(1)
A declaration may be made under subsection 176(2) of the Act to allow discovery on the application of a party or on the Court’s own initiative.
Note: Discovery is not allowed in relation to a general federal law proceeding unless the Court or a Judge declares that it is appropriate in the interests of the administration of justice (see subsections 176(2) and (3) of the Act).
(2)
If a declaration is made, the Court or a Registrar may make an order for disclosure:
(a)
generally; or
(b)
in relation to particular classes of documents; or
(c)
in relation to particular issues; or
(d)
by a specified date.

14.03Affidavit of documents

A party who is ordered to disclose documents must file an affidavit of documents.

14.04Production of documents to Court

The Court may order a party to a proceeding to produce to it a document in the possession, custody or control of the party.

14.05Claim for privilege

(1)
This rule applies if, on application for the production by a party of a document for inspection by the party making the application or to the Court:
(a)
privilege from production or inspection is claimed; or
(b)
objection is made to production or inspection on any other ground.
(2)
The Court may inspect the document for the purpose of determining whether the claim or objection is valid.

14.06Order for particular disclosure

If, at any stage of a proceeding, it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed, that some document or class of document relating to a matter in question in the proceeding may be, or may have been, in the possession, custody or control of a party, the Court may order the party:
(a)
to file an affidavit stating:
(i)
whether the document, or a document of that class, is or has been in the possession, custody or control of the party; and
(ii)
if it has been, but is not then, in the possession, custody or control of the party—when the party parted with it and what has become of it; and
(b)
to serve the affidavit on another party.

14.07Inspection of documents

A document produced under an order may be inspected:
(a)
at the time and place specified in the order; or
(b)
at a time and place agreed by the parties.

14.08Copies of documents inspected

Unless the Court otherwise orders, a party who inspects a document under this Division may make a copy of the document or an extract from the document.

14.09Documents not disclosed or produced

Unless the Court gives leave, a party is not entitled to put a document or a copy of a document in evidence or give, or cause to be given, evidence of the contents of a document:
(a)
if:
(i)
the party has filed an affidavit of documents; and
(ii)
the document was, when the party made the affidavit, in the possession, custody or control of the party or had been, in the possession, custody or control of the party; and
(iii)
the document was not referred to in the affidavit or in any other affidavit of documents filed by the party under an order of the Court; or
(b)
if the party has been served with a subpoena to produce the document and does not produce the document.

14.10Documents referred to in document or affidavit

(1)
If a document or affidavit filed by a party refers to another document, another party may request the party in writing for a copy of the document or to produce it for inspection.
(2)
The party requested to provide a copy of, or produce, a document must, within 4 days of the request, in writing to the party making the request:
(a)
provide a copy of the document or appoint a time within 7 days, and a place where, it may be inspected; or
(b)
claim that the document is privileged from production and state the grounds; or
(c)
state that the document is not in the possession, custody or control of the party to whom the request was made and state that party’s knowledge, information or belief about its whereabouts.

14.11Use of documents

(1)
An order or undertaking, whether express or implied, not to use a document for any purpose other than for the proceeding in which it is disclosed does not apply to the document after it has been read to or by the Court or referred to in open Court in such terms as to disclose its contents.
(2)
Subrule (1) is subject to any order of the Court on the application of a party or of a person to whom the document belongs.

Part 15EvidenceDivision 15.1General15.01Court may give directions

The Court may give directions:
(a)
as to the order of evidence and addresses; and
(b)
generally as to the conduct of a hearing.

15.02Decisions without oral hearing

The Court or a Judge may make a decision in a proceeding without an oral hearing if the parties to the proceeding consent to the making of the decision without an oral hearing.

(c)
be in the form approved by the Chief Executive Officer.
(3)
A Registrar must affix the stamp of the Court to a sufficient number of copies of the notice for service in accordance with subrule (4).
(4)
A Registrar must cause sealed copies of the notice, together with copies of the High Court’s order, to be served on each party to the proceeding in the High Court and on any other person who the Court or a Registrar directs should be so served.
(5)
Service may be effected by delivery to a party’s address for service in the proceeding before the High Court.

Division 29.4General29.10Stay of proceedings

The Court may, at any time, grant, discharge or vary a stay of the proceedings to which an application for judicial review of a migration decision relates.

29.11Directions and orders

(1)
At any time after an application under this Part is filed, the Court or a Registrar may give orders or directions for the conduct of the proceeding in relation to the following:
(a)
the matters in subrule 10.01(3);
(b)
a stay or interim order;
(c)
an extension of time for the application;
(d)
an amendment of the application;
(e)
the provision of particulars, or further and better particulars, of a ground in an application or response;
(f)
the filing of further affidavits by the applicant;
(g)
the filing by a respondent or other person of a relevant document or other evidence;
(h)
the filing of affidavits by a respondent.
(2)
The Court or a Registrar may:
(a)
give orders or directions under subrule (1) in Chambers without a hearing; or
(b)
at the discretion of the Court or a Registrar, require the parties to an application to attend a hearing.

29.12Writs

A writ of a particular kind issued by the Court under this Part:
(a)
must be substantially in the form of a writ of that kind issued under the High Court Rules 2004; and
(b)
must be served and complied with in accordance with those Rules.

29.13Costs

(1)
The Court may, in relation to a proceeding that is concluded, order an unsuccessful party to the proceeding to pay the costs of a successful party in accordance with Division 1 of Part 2 of Schedule 2.
(2)
If:
(a)
the applicant files a notice of discontinuance in a proceeding in which a respondent has sought costs in the response; and
(b)
the applicant does not file with the notice an application in respect of costs;
a Judge or a Registrar may, without hearing the parties, make an order in chambers in accordance with Division 2 of Part 2 of Schedule 2 for the costs of the respondent.
(3)
This rule does not limit a party’s right to apply, under Part 22, for an order as to costs of the application.
Note 1: See Division 13.1 of these Rules in relation to discontinuance.
Note 2: See section 136 of the Act in relation to the exercise of jurisdiction in chambers.

Chapter 4Fair Work DivisionPart 30Proceedings in the Fair Work DivisionDivision 30.1General30.01Definitions for Part 30

In this Part:
Building and Construction Industry Act means the Building and Construction Industry (Improving Productivity) Act 2016.
Fair Work Act means the Fair Work Act 2009.
Registered Organisations Act means the Fair Work (Registered Organisations) Act 2009.

30.02Expressions used in Part 30

Unless the contrary intention appears:
(a)
an expression used in Division 30.2 or 30.4 of these Rules and in the Fair Work Act has the same meaning in that Division as it has in the Fair Work Act; and
(b)
an expression used in Division 30.3 of these Rules and in the Registered Organisations Act has the same meaning in that Division as it has in the Registered Organisations Act; and
(c)
an expression used in Division 30.6 of these Rules and in the Building and Construction Industry Act has the same meaning in that Division as it has in the Building and Construction Industry Act.

30.03Application of Part 30

(1)
This Part applies to a proceeding in the Court to which the Fair Work Act, the Registered Organisations Act or the Building and Construction Industry Act applies.
(2)
Chapter 1 applies, to the extent that it is relevant and not inconsistent with this Chapter, to a proceeding in the Court to which the Fair Work Act, the Registered Organisations Act or the Building and Construction Industry Act applies.

Division 30.2Contraventions of the Fair Work Act30.04Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, subsection 539(2), table item 11)

An application for an order in relation to an allegation that an employee was dismissed in contravention of a general protection mentioned in Part 3‑1 of the Fair Work Act must:
(a)
be in accordance with the approved form; and
(b)
be accompanied by:
(i)
a claim in accordance with the approved form; and
(ii)
unless the application includes an application for an interim injunction, a certificate issued by the Fair Work Commission under the Fair Work Act that provides that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
Note 1: Sections 545 and 546 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

30.05Application in relation to alleged unlawful termination of employment (Fair Work Act, subsection 539(2), table item 35)

An application for an order in relation to an alleged unlawful termination of an employee’s employment must:
(a)
be in accordance with the approved form; and
(b)
be accompanied by:
(i)
a claim in accordance with the approved form; and
(ii)
unless the application includes an application for an interim injunction, a certificate issued by the Fair Work Commission under the Fair Work Act that provides that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
Note 1: Sections 545 and 546 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

30.06Application in relation to other alleged contraventions of the Fair Work Act general protections

An application for an order in relation to an alleged contravention, or an alleged proposed contravention, of a general protection mentioned in Part 3‑1 of the Fair Work Act (other than a contravention mentioned in rule 30.04) must:
(a)
be in accordance with the approved form; and
(b)
be accompanied by a claim in accordance with the approved form.
Note 1: Sections 545 and 546 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

30.07Application in relation to other alleged contraventions of the Fair Work Act

An application for an order in relation to an alleged contravention of the Fair Work Act (other than a contravention mentioned in rule 30.04, 30.05 or 30.06) must be in accordance with the approved form.
Note: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.

Division 30.3Contraventions of the Registered Organisations Act30.08Application in relation to taking a reprisal (Registered Organisations Act, section 337BB)

An application for an order in relation to an allegation that a person took or threatened to take, or is taking or threatening to take, a reprisal against another person must:
(a)
be in accordance with the approved form; and
(b)
be accompanied by a claim in accordance with the approved form.
Note 1: Section 337BB of the Registered Organisations Act states the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

Division 30.4Small claims30.09Definitions for Division 30.4

In this Division:
small claim means a claim mentioned in section 548 of the Fair Work Act.
small claims application means an application dealt with under this Division.

30.10Small claims procedure

(1)
An applicant may request that an application for compensation be dealt with under this Division if:
(a)
the compensation is not more than $20,000; and
(b)
the compensation is for an entitlement mentioned in subsection 548(1A) of the Fair Work Act.
(2)
An applicant may request that an application made under subsection 548(1B) of the Fair Work Act be dealt with under this Division.
Note: Subsection 548(1B) applies to proceedings in connection with a dispute relating to conversion of casual employment to full‑time or part‑time employment.
(3)
The Court is not bound by any rules of evidence and procedure when dealing with a small claims application and may act:
(a)
in an informal manner; and
(b)
without regard to legal forms and technicalities.

30.11Starting proceedings

A small claims application must:
(a)
be in accordance with the approved form; and
(b)
be accompanied by a claim in accordance with the approved form.
Note 1: Sections 545, 545A and 548 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

30.12Lawyers – Fair Work Act small claims proceeding

(1)
A party to a small claims application may not be represented by a lawyer without the leave of the Court.
(2)
If the Court gives a party leave to be represented by a lawyer, the leave may be given subject to conditions the Court considers appropriate.
(3)
For the purposes of subrule (1), a party is not taken to be represented by a lawyer if the lawyer is an employee or officer of the party.

30.13Representation for corporations – Fair Work Act small claims proceeding

Despite rule 9.04, an officer or employee of a corporation may represent the corporation in a small claims proceeding under this Division if the officer or employee is authorised by the corporation to represent the corporation in the proceeding.

Division 30.5Dispute resolution30.14Mediation – Fair Work Act and Registered Organisations Act proceedings

(1)
This rule applies if the Court refers for mediation under section 169 of the Act a proceeding, or a part of a proceeding, or a matter arising out of a proceeding, to which this Part applies.
Note: The Court may refer a proceeding for mediation under section 169 of the Act with or without the consent of the parties.
(2)
The mediator for the mediation must be:
(a)
a Judge; or
(b)
a Registrar; or
(c)
another person appointed by the Court for the purpose; or
(d)
an FWC member nominated by the President of the Fair Work Commission.
(3)
Unless the Court or a Registrar otherwise orders:
(a)
the parties to the proceeding must attend the mediation in person; and
(b)
the lawyer or lawyers representing the parties to the proceeding must attend the mediation.
(4)
Unless the Court otherwise orders, if an order for mediation is made, the proceeding is adjourned until the earlier of the following:
(a)
the day the mediator reports to the Court;
(b)
the day fixed by the Court when the mediator must report to the Court about progress in the mediation.
(5)
The parties must make a genuine effort to reach agreement on relevant matters in issue.
(6)
If the mediator considers that the mediation should not continue, the mediator must, subject to any order of the Court:
(a)
end the mediation; and
(b)
advise the Court of the outcome.
(7)
If an issue between the parties remains unresolved at the end of the mediation, the Judge or Registrar may:
(a)
give further directions; and
(b)
make any other order, including an order for costs.
(8)
In this rule:
FWC member has the meaning given by section 12 of the Fair Work Act.
President has the meaning given by section 12 of the Fair Work Act.

Division 30.6Proceedings under the Building and Construction Industry Act30.15Applications for orders etc. under the Building and Construction Industry Act

An application for one of the following must be in accordance with the approved form:
(a)
an injunction under section 48 of the Building and Construction Industry Act in relation to unlawful industrial action, or an unlawful picket;
(b)
an order under section 81 of that Act in relation to an alleged contravention of that Act;
(c)
an order under subsection 98(6) of that Act in relation to an alleged contravention of an undertaking given by a person to the ABC Commissioner;
(d)
a review under section 100 of that Act of a notice given under section 99 of that Act.
Note: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.

Chapter 5Proceedings under the National Consumer Credit Protection ActPart 31Small claims application under the National Consumer Credit Protection Act31.01Definitions for Part 31

In this Part:
National Consumer Credit Protection Act means the National Consumer Credit Protection Act 2009.
small claims application means an application for an order covered by subsection 199(2) of the National Consumer Credit Protection Act that is dealt with under this Part.
small claims proceeding means a proceeding relating to a small claims application.

31.02Small claims proceeding – National Consumer Credit Protection Act

(1)
An applicant may request that an application for an order covered by subsection 199(2) of the National Consumer Credit Protection Act be dealt with under this Part.
(2)
The Court is not bound by any rules of evidence and procedure when dealing with a small claims application and may act:
(a)
in an informal manner; and
(b)
without regard to legal forms and technicalities.

31.03Starting a National Consumer Credit Protection Act small claims proceeding

A small claims application must be made in accordance with the approved form.
Note: Part 4 of Chapter 1 sets out general rules about starting proceedings.

31.04Lawyers – National Consumer Credit Protection Act small claims proceeding

(1)
A party to a small claims application may not be represented by a lawyer without the leave of the Court.
(2)
If the Court gives a party leave to be represented by a lawyer, the leave may be given subject to conditions the Court considers appropriate.
(3)
For the purposes of subrule (1), a party is not taken to be represented by a lawyer if the lawyer is an employee or officer of the party.

31.05Representation for corporations – National Consumer Credit Protection Act small claims proceeding

Despite rule 9.04, an officer or employee of a corporation may represent the corporation in a small claims proceeding under this Part if the officer or employee is authorised by the corporation to represent the corporation in the proceeding.

Schedule 1Federal Court Rules applied

Note: See rule 1.06.

Federal Court Rules
Item	Provision
1	rules 1.41 and 1.42
2	rules 2.41 to 2.43
3	rules 5.22 to 5.24
4	rule 6.11
5	Division 7.3
6	rules 10.41 to 10.52
7	Division 10.6
8	rule 12.01
9	rule 15.10
10	rules 16.01A and 16.01
11	paragraphs 16.02(1)(a), (b) and (d)
12	subrules 16.02(3) and (5)
13	rules 16.03 to 16.13
14	rule 16.21
15	rules 16.31 to 16.33
16	rules 16.41A to 16.45
17	rule 25.01 to 25.06
18	rules 25.10 to 25.12
19	rule 25.14
20	rule 30.29 to 30.33
21	Division 34.3
22	rules 39.01 to 39.03
23	rule 39.06
24	rule 39.11
25	rule 39.21
26	Division 42.3

Schedule 2Costs

Note: See rules 22.09, 22.15 and 29.13.

Part 1AApplication of this Schedule1Application of this Schedule

This Schedule, as substituted by the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022, applies to work done or services performed on or after 1 January 2023.

Part 1General federal law proceedings other than migration proceedings

Costs for general federal law proceedings other than migration proceedings
Item	Description	Amount (including GST)
1	Initiating or opposing an application up to the completion of the first court date	Both: (a) $3,354.70; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
2	Initiating or opposing an application which includes interim orders (other than procedural orders) up to the completion of the first court date	Both: (a) $4,197.91; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
3	Interim or summary hearing—as a discrete event Note: This stage applies to an interim application or a summary proceeding of a type not otherwise addressed in this fee structure. It does not include the item 1 or 2 component.	Both: (a) $2,093.62; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
4	Dispute resolution litigation intervention	$3,517.80
5	Preparation for final hearing—one day matter	$7,543.02
6	Preparation for final hearing—2 day matter	$11,335.84
7	Preparation for final hearing—each additional hearing day after the second hearing day	$2,384.64
8	Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders	Both: (a) $342.19; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
9	Daily hearing fee	(a) for a short mention—$342.19; or (b) for a half day hearing—$1,255.75; or (c) for a full day hearing—$2,512.56
10	Advocacy loading	50% of the daily hearing fee mentioned in item 9 that applies to the hearing
11	Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred	The amount of the fees and payments
12	Disbursements—photocopying for each page	$0.86
13	Agents’ fees and travelling costs Note: For 2 or more hours travel.	$706.76

Part 2Migration proceedingsDivision 1Migration proceedings that have concluded

Costs for migration proceedings that have concluded
Item	Description	Amount (including GST)
1	A proceeding concluded at or before the first court date for the proceeding	$1,675.75
2	A proceeding concluded: (a) after the first court date for the proceeding; and (b) at or before an interlocutory hearing	$4,189.38
3	A proceeding concluded at a final hearing	$8,371.30

Division 2Migration proceedings that have been discontinued

Costs for migration proceedings that have been discontinued
Item	Description	Amount (including GST)
1	A proceeding in which the notice of discontinuance is filed and served at least 14 days before the first court date for the proceeding	$833.61
2	A proceeding in which the notice of discontinuance is filed and served: (a) less than 14 days before the first court date for the proceeding; and (b) at least 15 days before an interlocutory hearing	$2,089.36
3	A proceeding in which the notice of discontinuance is filed and served: (a) less than 15 days before an interlocutory hearing; and (b) at least 15 days before the final hearing	$4,189.38
4	Any other case	$5,859.80

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021	31 Aug 2021 (F2021L01220)	1 Sept 2021 (r 1.02(1) item 1)
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022	3 Jan 2023 (F2023L00008)	Sch 1 (item 3): 1 Jan 2023 (r 2(1) item 3) Remainder: 4 Jan 2023 (r 2(1) items 1, 2)	—

Name

Registration

Commencement

Application, saving and transitional provisions

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

31 Aug 2021 (F2021L01220)

1 Sept 2021 (r 1.02(1) item 1)

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022

3 Jan 2023 (F2023L00008)

Sch 1 (item 3): 1 Jan 2023 (r 2(1) item 3)

Remainder: 4 Jan 2023 (r 2(1) items 1, 2)

—

Endnote 4Amendment history

Provision affected	How affected
Chapter 1
Part 1
r 1.02.........................................	rep LA s 48D
Part 8
r 8.02.........................................	am F2023L00008
Schedule 2
Schedule 2..................................	rs F2023L00008