Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)
We, Judges of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.
Dated 4 August 2025
Chief Judge Alstergren AO
Deputy Chief Judge McClelland AO
Deputy Chief Judge Mercuri
Judge Hughes
Judge Riley
Judge Cameron
Judge Kelly
Judge Dunkley
Judge Monahan
Judge Harland
Judge Manousaridis
Judge Vasta
Judge Middleton
Judge Egan
Judge Kendall AM
Judge Blake
Judge D Humphreys CSC OAM
Judge Morley
Judge O’Shannessy
Judge Bowrey OAM
Judge Taglieri
Judge Cope
Judge Forbes
Judge Symons
Judge Ladhams
Judge Murdoch
Judge McGinn
Judge Carty
Judge Given
Judge Mansfield
Judge Glass
Judge Eldershaw
Judge Mansini
Judge Laing
Judge Champion
Judge Lioumis
Judge Liveris
Judge Bingham
Judge Corbett
Judge Gostencnik
Judge McCabe
Judge Skaros
Judge Papadopoulos
Judge Kaur-Bains
Judge Zipser
Judge Leishman
Judge Fary
Judge Johns OAM
Judge Cleary
Judge Marquard
Judges of the Federal Circuit and Family Court of Australia (Division 2)
Contents
These Rules are the
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 .
(1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of these Rules | 1 September 2025. | 1 September 2025 |
Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.
(2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.
These Rules are made under Chapter 4 of the
Federal Circuit and Family Court of Australia Act 2021 .
Each instrument that is specified in Schedule 3 to these Rules is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
(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). In doing so, the parties should avoid undue delay, expense and technicality. They should consider options for dispute resolution as early as possible.
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 rules 1.10 and 1.11).
(2) If appropriate, the Court will help to implement dispute resolution.
(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 these Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules and may modify or dispense with those Rules, as necessary.
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).
(3) These Rules apply as follows:
(a) Chapter 1 applies to all general federal law proceedings and contains introductory provisions;
(b) Chapter 2 applies to general federal law proceedings generally;
(c) Chapter 3 applies to special classes of general federal law proceedings;
(d) Chapter 4 applies to all general federal law proceedings and contains rules regarding costs, enforcement and contempt.
Note: For rules relating to bankruptcy proceedings, see the
Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 .(4) These Rules do not apply to family law or child support proceedings.
Note 1: 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 theFederal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 .Note 2: For information about child support proceedings in the Court, see the Court’s website at level="3" section-type="Division">
Division 1.2 General powers of the Court 1.07 Court to have regard to nature and complexity of proceeding
(1) In making any order in a proceeding, the Court may have regard to the nature and complexity of the proceeding.
(2) The Court may deal with a proceeding in a manner that is proportionate to the nature and complexity of that proceeding.
1.08 Court may make any order it considers appropriate in the interests of justice The Court may make any order that the Court considers appropriate in the interests of justice.
Note: See section 140 of the Act.
1.09 Orders may be subject to conditions The Court may make an order subject to any conditions the Court considers appropriate.
1.10 Court may dispense with Rules The Court may dispense with compliance with any of these Rules at any time.
1.11 Orders inconsistent with Rules The Court may make an order that is inconsistent with these Rules and in that event the order will prevail.
1.12 Orders other than in open court The Court may make orders other than in open court.
Note: For the power of a Judge sitting in Chambers to exercise the jurisdiction of the Court, see subsection 136(3) of the Act.
1.13 Application 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 the procedure is not prescribed by the Act, these Rules or by or under any other Act.
1.14 Fixing of time by Court If these Rules do not fix a time for doing an act or thing in relation to a proceeding, the Court may fix the time within which the act or thing is to be done.
1.15 Extension or shortening of time fixed
(1) The Court may extend or shorten a time fixed by these Rules or by a judgment or order of the Court.
(2) The Court may extend the time even if the time fixed has passed.
1.16 Exercise of Court’s power Unless otherwise stated in the Act or these Rules, the Court may, at any stage of a proceeding, exercise a power mentioned in these Rules in the proceeding:
(a) on its own initiative; or
(b) on the application of a party.
1.17 Other orders the Court may make If a party makes an application, the Court may:
(a) grant the order sought; or
(b) refuse to grant the order sought; or
(c) make a different order.
1.18 Orders may include consequences of non‑compliance The Court may specify in an order the consequences of not complying with the order.
1.19 Practice directions
(1) The Chief Judge may issue practice directions setting out procedural arrangements applicable to the conduct of proceedings in the Court.
(2) The Court may depart from a practice direction if it considers it appropriate to do so having regard to the circumstances of the proceeding, other proceedings awaiting hearing and available resources.
Note: Practice directions are published on the Court’s website at level="3" section-type="Division">
Division 1.3 Interpretation 1.20 Definitions – the Dictionary In these Rules:
Act means theFederal 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 10.20.
AD(JR) Act means theAdministrative Decisions (Judicial Review) Act 1977 .
ancillary order has the meaning given by rule 7.03.
another court , in Division 7.2, means:
(a) a court in Australia other than the Court; or
(b) a court outside Australia.
applicant means:
(a) unless a contrary intention appears—a party, other than a cross‑claimant, claiming relief; or
(b) for Division 7.2—a person who applies for a freezing order or ancillary order; or
(c) for Division 7.3—a person who applies for a search order.
approved form means a form approved by the Chief Judge under subrule 2.06(1).
ART means the Administrative Review Tribunal.
ART Act means theAdministrative Review Tribunal Act 2024 .
ART Registrar means any of the following:
(a) the Principal Registrar (within the meaning of the ART Act);
(b) a person who has been appointed as a registrar under section 237 of the ART Act;
(c) a person to whom functions or powers have been delegated under subsection 280(1) of the ART Act.
Attorney‑General means the Commonwealth Attorney‑General, unless the context otherwise provides.
authenticate , in relation to an order of the Court, means to sign and seal the order.
authenticity of a document means:
(a) if the document is an original—it was created, and signed or executed, as it purports to have been; or
(b) if the document is a copy—it is a true copy.
business day , in a place, means any day other than:
(a) a Saturday or Sunday; or
(b) a day that is a public holiday in the place; or
(c) any other day on which the registry in the place is closed.
business name means a name, style, title or designation under which a person carries on a business, other than a name consisting only of the name of that person and the name of any other person in association with whom the person carries on business.
Civil Dispute Resolution Act means theCivil Dispute Resolution Act 2011 .
claim includes a cross‑claim and counterclaim, unless a contrary intention appears.
Commissioner , in Part 30, means:
(a) for a proceeding under the Designs Act—the person holding the office of Registrar under that Act; or
(b) for a proceeding under the Trade Marks Act—the person holding the office of Registrar under that Act.
communication device includes a mobile telephone, audio link, video link and any other electronic communication equipment.
conduct money means a sum of money or its equivalent, sufficient to meet the reasonable expenses of a person attending Court for the purposes of complying with a subpoena or order.
control , if referring to a document, means possession, custody or power.
Copyright Act means theCopyright Act 1968 .
corporation means any artificial person other than an organisation.
costs , unless the context otherwise provides, means costs as between party and party.
costs as between party and party means only the costs that have been fairly and reasonably incurred by the party in the conduct of the litigation.
Court means the Federal Circuit and Family Court of Australia (Division 2).
Court file : comprises all documents relating to a particular proceeding if:
(a) the document:
(i) has been accepted for filing in respect of the proceeding, in accordance with rule 2.15; or
(ii) is a redacted copy replaced on the Court file in accordance with rule 2.19; and
(b) the document has not been the subject of an order, under rule 2.18 or 2.19, that the document be removed from the Court file.
decision , in Part 30, includes a direction or determination made by the Commissioner.
described , in Division 7.3, includes described generally, whether by reference to a class or otherwise.
description means:
(a) for a person who is an individual—the person’s name, residential or business address and occupation; or
(b) for a person that is not an individual:
(i) the person’s name; and
(ii) the address of one of the following:
(A) the person’s registered office;
(B) the person’s principal office;
(C) the person’s principal place of business.
Designs Act means theDesigns Act 2003 .
direction means an order of the Court.
discontinuance , in relation to a proceeding, includes withdrawal of all or part of an application or response.
discovery means an obligation to disclose.
enter , in relation to an order, means to take out or authenticate the order.
expert means a person who has specialised knowledge based on the person’s training, study or experience.
expert report means a written report that contains the opinion of any expert on any question in issue in the proceeding based wholly or substantially on that expert’s specialised knowledge, including any report in which an expert comments on the report of any other expert.
Fair Work Act means theFair Work Act 2009 .
Fair Work Commission has the meaning given by section 12 of the Fair Work Act.
family law or child support proceeding has the meaning given by subsection 7(1) of the Act.
Federal Court Rules means theFederal Court Rules 2011 .
Federal Safety Commissioner Act means theFederal Safety Commissioner Act 2022 .
file means file and serve.
freezing order has the meaning given by rule 7.02.
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.
hearing means any hearing before a Judge or any officer of the Court, whether final or interlocutory, including a first court date, directions hearing or callover.
Human Rights Act means theAustralian Human Rights Commission Act 1986 .
Human Rights Commission means the Australian Human Rights Commission.
intellectual property proceeding means:
(a) a proceeding in the Court arising in relation to infringement of:
(i) a copyright subsisting under the Copyright Act; or
(ii) the monopoly in a design registered under the Designs Act; or
(iii) a trade mark registered under the Trade Marks Act; or
(iv) a PBR under the PBR Act; or
(b) an application, appeal or other proceeding in the Court under the Copyright Act, the Designs Act, the PBR Act or the Trade Marks Act, whether or not joined with another claim or cause of action, unless the proceeding is one to which Part 26 applies.
interested person means:
(a) for a person who needs a litigation guardian and is a minor—the person’s parent or guardian; or
(b) for any other person who needs a litigation guardian—the person’s guardian; or
(c) in any other case—a person who is or may be affected by an order of the Court.
interlocutory application means an application in a proceeding already started.
issuing officer , for a subpoena, means an officer empowered to issue a subpoena for the Court.
issuing party , for a subpoena, means the party at whose request the 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 hearing or a dispute resolution process;
(c) drafting or settling documents to be used in a proceeding;
(d) representation generally in the conduct of a proceeding.
Litigants’ Fund means the Federal Court of Australia Litigants’ Fund established under Division 2.5 of the Federal Court Rules.
litigation guardian means a person appointed by the Court under rule 9.28 to manage and conduct a proceeding for another person (also known as a guardian ad litem) (see Division 9.4).
mediation includes conciliation and any similar structured dispute resolution process.
mediator means a person to whom a matter is referred under a mediation order.
Migration Act means theMigration Act 1958 .
migration proceeding means a proceeding to which Part 25 applies.
minor means a person under the age of 18 years.
National Consumer Credit Protection Act means theNational Consumer Credit Protection Act 2009 .
National Credit Code has the same meaning as in the National Consumer Credit Protection Act.
organisation has the meaning given by section 6 of the Registered Organisations Act.
originating application means an application starting a proceeding, including a cross‑claim in a proceeding against a person who was not previously a party to the proceeding.
partnership name means a name under which 2 or more persons carry on business in partnership in Australia.
party means an applicant, respondent or other person included as a party to a proceeding.
PBR has the same meaning as in the PBR Act.
PBR Act means thePlant Breeder’s Rights Act 1994 .
person who needs a litigation guardian means a person who needs, or is taken to need, a litigation guardian under rule 9.25.
pleading means:
(a) a statement of claim; or
(b) an alternative accompanying document referred to in rule 8.04; or
(c) a statement of cross‑claim; or
(d) a defence; or
(e) a concise statement in response; or
(f) a reply; or
(g) a concise statement in reply; or
(h) any pleading after a reply;
but does not include:
(i) an originating application; or
(j) an interlocutory application; or
(k) a response in an approved form; or
(l) a notice of any kind; or
(m) an affidavit.
premises , in Division 7.3, includes a vehicle or vessel of any kind.
principal proceeding means a proceeding in which:
(a) a respondent wants to make a cross‑claim; or
(b) a cross‑claim has been made as part of the response under rule 8.15.
pro bono lawyer means a lawyer who has agreed to accept a referral under rule 4.06 to provide pro bono legal assistance.
proper address , for a person to be served, means:
(a) the person’s address for service; or
(b) if the person has no address for service—the person’s usual or last‑known business or residential address.
proper place , for a proceeding, means:
(a) the place where the proceeding is started; or
(b) if the proceeding is transferred to another place—the other place, from the date of transfer.
proper registry , for a proceeding, means the registry at the proper place for the proceeding.
prospective applicant means a person who:
(a) reasonably believes that the person may have a right to obtain relief against another person; and
(b) is not currently a party to a proceeding in the Court.
question , in Division 22.1, includes a question or issue in a proceeding, whether of fact or law, or partly of fact and partly of law, and whether raised in a document, by agreement of the parties or otherwise.
recording device means a device that is capable of being used to record images or sound, including a camera, tape recorder, video recorder, mobile telephone or digital audio recorder.
Registered Organisations Act means theFair Work (Registered Organisations) Act 2009 .
Registrar means the Chief Executive Officer or a Registrar of the Court.
registry means a registry of the Court.
respondent means:
(a) a party, other than a cross‑respondent, against whom relief is claimed; or
(b) for Division 7.2—a person against whom a freezing order or an ancillary order is sought or made; or
(c) for Division 7.3—a person against whom a search order is sought or made.
search order has the meaning given by rule 7.09.
sign includes to sign electronically.
small claims application means:
(a) for Part 29—an application for an order covered by subsection 199(2) of the National Consumer Credit Protection Act that is dealt with under that Part; or
(b) for Division 31.4—an application in relation to a claim covered by section 548 of the Fair Work Act.
small claims proceeding , means:
(a) for Part 29—a proceeding in relation to a small claims application under that Part; or
(b) for Division 31.4—a proceeding in relation to a claim covered by section 548 of the Fair Work Act.
taxing officer means a Registrar.
Trade Marks Act means theTrade Marks Act 1995 .
trial includes any hearing other than an interlocutory hearing.
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.
without notice means without serving or advising another party or other person of an application to be made to the Court.1.21 References to Forms In these Rules, a reference to a form is a reference to the form approved under rule 2.06.
Note: Forms approved under rule 2.06 are available on the Court’s website at level="5">
1.22 Calculating time
(1) The time for doing an act or thing fixed by these Rules or by an order of the Court is to be calculated in accordance with this rule.
(2) If the time fixed is to be calculated by reference to a particular day or event, and the time fixed is one day or more, the particular day or the day of the particular event is not to be counted.
(3) If the time fixed includes a day that is not a business day in the place where the act or thing is to be done, and the time fixed is 5 days or less, the day is not to be counted.
Example: The Court orders that a document is to be filed within 3 days from Wednesday. Under subrule (3), the document must be served on or before the following Monday (since the registry is closed on Saturday and Sunday).
(4) An act or thing may be done on the next business day in a place if:
(a) the last day for doing the act or thing is not a business day in the place where the act or thing is to be done; and
(b) the act or thing may only be done on a day that is a business day in the place.
(5) If the time fixed includes a day in the period starting on 24 December in a year and ending on 14 January in the next year, the day is not to be counted.
The seal of the Court must be attached to:
(a) Rules of Court; and
(b) any other document the Court 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 24.08).
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).
(1) Each registry must keep in its custody a stamp designed, as nearly as practicable, to be the same as the design of the seal of the Court.
(2) The seal or stamp of the Court must be attached to:
(a) all documents filed in the Court; and
(b) orders entered.
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).
The seal or stamp of the Court may be attached to a document:
(a) by hand; or
(b) by electronic means.
(1) A party may apply at the proper place for an order that the proceeding be transferred to another place.
Note 1: For
proper place , see rule 1.20.Note 2: See section 184 of the Act.
(2) In considering an application to transfer a proceeding, 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 trial; and
(d) any other relevant matter.
(1) A document to be filed in a proceeding must accord with any approved form and the Court’s requirements.
Note 1: For
approved form , see rule 1.20.Note 2: The Court’s requirements for preparing and lodging documents are set out in practice directions issued by the Chief Judge.
(2) A document (other than a form) to be filed must:
(a) be typed in at least 12‑point font size; and
(b) have line spacing of 1.5 lines; and
(c) have clear margins on all sides; and
(d) have each page consecutively numbered; and
(e) have a cover sheet in the approved form.
(3) Paper documents must be legible and without crossing out.
(4) Electronic documents must be lodged in an electronic format approved by a Registrar for the registry.
(5) Strict compliance with subrules (2) to (4) is not required if:
(a) the document:
(i) is readable; and
(ii) can be easily scanned and photocopied; or
(b) strict compliance would be impracticable because of the nature of the document or the manner of filing.
(6) This rule does not apply to a document annexed to an affidavit.
Note 1: For formal requirements for affidavits, see Division 17.3.
Note 2: The Court may give directions limiting the length of documents to be filed (see section 182 of the Act).
(1) The Chief Judge of the Court may approve a form for a provision of these Rules.
(2) A requirement in these Rules that a document be in accordance with an approved form is complied with if the document:
(a) is substantially in accordance with the approved form and any practice directions issued by the Chief Judge; or
(b) has only those variations that the nature of the case requires.
(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.
Note: The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules (see rules 1.10 and 1.11).
(1) A document to be filed in a proceeding must include a title and details sufficient to identify the proceeding.
(2) 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].
A party filing a document in connection with a particular proceeding must include on the document the distinctive number of the proceeding.
Note: When an originating application is filed, a Registrar will assign a distinctive number to the document and will endorse the document with that number.
Unless the nature of the document is such that signature is inappropriate, a document (other than an affidavit, annexure or exhibit) that a party must file must be signed by:
(a) the party’s lawyer; or
(b) if the party does not have a lawyer—the party.
Note:
Sign is defined in rule 1.20 to include electronic signing. Forlawyer , see rule 1.20.
A document filed in a proceeding must contain the following information on the front page:
(a) the name and role of the party on whose behalf the document is filed;
(b) the name of the person or lawyer responsible for preparing the document;
(c) if the party is represented by a lawyer—the telephone number and email address of the lawyer;
(d) if the party is not represented by a lawyer—the telephone number and email address, if any, of the party;
(e) the address for service of the party.
(1) If a document that must be filed with the Court is not in English, the person filing the document must also file:
(a) a translation of the document in English; and
(b) an affidavit, by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation.
(2) This rule does not apply to a document contained in a Court Book filed by a respondent in a migration proceeding where the document was not originally accompanied by a translation.
Note: The Court may dispense with compliance with the Rules (see rule 1.10).
(1) A document for filing must be lodged with the Court using the Court’s approved electronic lodgement system.
(2) If it is not reasonably practicable to lodge a document using the Court’s approved electronic lodgement system, a document may be lodged, in descending order of preference, by:
(a) being emailed to a registry with a written request for the action required in relation to the document; or
(b) being presented to a registry when the registry is open for business; or
(c) being posted to a registry with a written request for the action required in relation to the document; or
(d) being faxed to a registry in accordance with rule 2.14.
(3) A document in an existing proceeding that is to be lodged with the Court in accordance with paragraph (1)(a), (c) or (d) must be sent to the proper registry.
(4) If a document in an existing proceeding is lodged with a registry other than the proper registry, the document must be accompanied by a letter:
(a) identifying the proper place for the proceeding; and
(b) requesting that the document be sent to the proper registry.
Note 1: For
proper registry , see rule 1.20.Note 2: The Court’s requirements in relation to preparing and lodging documents are set out in practice directions issued by the Chief Judge.
Note 3: Details of the opening times for each registry are on the Court’s website at level="5">
2.13 Providing a document electronically
(1) A document provided electronically to a registry for filing:
(a) must be:
(i) lodged using the Court’s approved electronic lodgement system and in accordance with any practice directions; or
(ii) sent to the proper registry by email at an email address approved by a Registrar for the registry; or
(iii) provided as otherwise authorised by a Registrar; and
(b) must be in an electronic format approved by a Registrar for the registry; and
(c) if required to be in an approved form—so far as is practicable, must comply with subrules 2.05(2) to (4) and rules 2.06 and 2.07; and
(d) must be capable of being printed in the form in which it was created without any loss of content.
Note: Approved email addresses and approved electronic formats are listed on the Court website at affidavit must be sent as an image.
2.14 Faxing a document
(1) A document faxed to a registry for filing must:
(a) be sent to the proper registry at an approved fax number for the registry; and
(b) be accompanied by a cover sheet containing the information set out in the relevant practice direction.
(2) A document faxed to a registry must not be more than 20 pages.
(3) 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.
2.15 When is a document filed
(1) A document is filed when:
(a) the document has been lodged with the Court in accordance with rule 2.12; and
(b) the filing fee, if any, has been paid (or an exemption or deferral applies); and
(c) the document has been accepted for filing in a registry by having the seal of the Court affixed to it.
Note 1: The
Federal Court and Federal Circuit and Family Court Regulations 2022 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 Regulations also provide for an exemption or deferral of a fee, or payment of the fee on invoice, in certain circumstances.Note 2: A document that is accepted for filing is added to the Court file. See the definition of
Court file in rule 1.20.Note 3: 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) A document, if accepted by a Registrar under subrule (1), 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 electronically and the time the document is filed.
(3) A document in an existing proceeding is taken to have been filed on the day when it was received by a registry that is not the proper registry if the document:
(a) is presented to a registry other than the proper registry; and
(b) is sent by the registry to the proper registry; and
(c) is accepted for filing in accordance with paragraph (1)(c).
2.16 Refusal to accept document for filing A Registrar may refuse to accept a document for filing (including a document that would, if accepted, become an originating application) if:
(a) the Registrar is satisfied that the document, on its face or by reference to any other documents filed or lodged for filing with the document, is an abuse of process or is frivolous, scandalous or vexatious; or
(b) the document is lodged in connection with a pending proceeding, the registry is not the proper registry and subrule 2.12(4) has not been complied with; or
(c) the document is lodged electronically and the person lodging the document has not complied with the Court’s lodging procedures.
2.17 When documents will not be accepted in a registry A document will not be accepted for filing if:
(a) the document is not substantially complete; or
(b) the document does not substantially comply with these Rules; or
(c) the document is not properly signed; or
(d) a Registrar has refused to accept the document; or
(e) the Court has given a direction that the document not be accepted; or
(f) the Court has given a direction that the document not be accepted without the Court’s leave, and leave has not been obtained.
Note: If a document is lodged with the Court in accordance with paragraph 2.12(2)(a), (c) or (d) and the registry does not accept it, a Registrar will notify the sender of the document accordingly.
2.18 Documents accepted for filing – removal from Court file and storage
(1) A document which has been accepted for filing will be removed from a Court file if:
(a) the Court has ordered that the document be removed from the Court file:
(i) on its own initiative; or
(ii) on the application of a party under rule 6.01 or subrule 13.15(2); or
(b) for an affidavit—the Court has ordered that the affidavit be removed from the Court file:
(i) on its own initiative; or
(ii) on the application of a party under subrule 17.12(2); or
(c) the Court is satisfied that the document:
(i) is otherwise an abuse of process of the Court; or
(ii) should not, under rule 2.17, have been accepted for filing.
(2) A party may apply to the Court for an order under subparagraph (1)(c)(i) or (ii) that a document be removed from the Court file.
(3) A document removed from a Court file under this rule must be stored:
(a) if an order mentioned in this rule specifies a way to store the document—in the way specified in the order; or
(b) otherwise—as directed by a Registrar.
2.19 Documents on a Court file – removal, redaction and storage
(1) A document on a Court file will be removed from the Court file and replaced with a redacted copy if:
(a) the Court has ordered that the document be removed and replaced:
(i) on its own initiative; or
(ii) on the application of a party under rule 6.01 or subrule 13.15(2); or
(b) for an affidavit—the Court has ordered that the affidavit be removed and replaced with a redacted copy:
(i) on its own initiative; or
(ii) on the application of a party under subrule 17.12(2); or
(c) the Court is satisfied that:
(i) any part of the document is otherwise an abuse of process of the Court; and
(ii) it is reasonably practicable for that part of the document to be redacted.
(2) A party may apply to the Court for an order under paragraph (1)(c) that a document be removed from the Court file and replaced with a redacted copy.
(3) If a part or parts of a document are struck out or removed under this rule:
(a) the corresponding part or parts of the redacted copy of the document must be unable to be read in any way; and
(b) the redacted copy must be marked with:
(i) the date on which the order was made; and
(ii) each date on which redaction was performed.
(4) A document removed from a Court file under this rule must be stored:
(a) if an order mentioned in this rule specifies a way to store the document—in the way specified in the order; or
(b) otherwise—as directed by a Registrar.
Division 2.4 Custody and inspection of documents 2.20 Custody of documents
(1) A registry has custody of:
(a) each document filed in the registry in a proceeding; and
(b) the records of the registry.
(2) A person may remove a document from a registry if:
(a) it is necessary to transfer the document to another registry and a Registrar has given written permission; or
(b) the Court has otherwise permitted or directed the removal.
(3) If the Court permits or directs a person to remove a document from the registry, the person must comply with any conditions on the removal imposed by the Court.
2.21 Inspection of documents
(1) A party may inspect any document in a proceeding other than:
(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 has ordered be confidential.
(2) A person who is not a party may inspect the following documents in a proceeding in the proper registry:
(a) an originating application;
(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 interlocutory application;
(g) a judgment or an order of the Court;
(h) a notice of appeal or cross‑appeal;
(i) a notice of discontinuance;
(j) a notice of withdrawal as lawyer;
(k) reasons for judgment;
(l) a transcript of a hearing heard in open court;
(m) any other document as directed by the Court.
(3) However, a person who is not a party is not entitled to inspect a document that the Court has ordered:
(a) be confidential; or
(b) is forbidden to, or restricted from publication to, the person or a class of persons of which the person is a member.
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 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 2022 .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.
(6) Subrule (2) does not apply to a migration proceeding, except with leave of the Court.
Division 2.5 Administration of money paid into Court and money paid out 2.22 Dealing with money paid into Court
(1) Money paid into Court in a proceeding must:
(a) if the Court has made an order under subrule (2)—be paid, credited or applied in accordance with the order; or
(b) if paragraph (a) does not apply—be paid into the Litigants’ Fund.
Note: The Chief Executive Officer of the Federal Court has established an account entitled “Federal Court of Australia Official Exempt SPM Litigants’ Fund” under Division 2.5 of the Federal Court Rules. The Litigants’ Fund comprises the money standing, from time to time, to the credit of that account.
(2) The Court may make an order:
(a) that money paid, or to be paid, into Court be paid, credited or applied in a manner other than by payment into the Litigants’ Fund; and
(b) in relation to the disbursement of any interest earned on the money.
Note: As soon as practicable after money has been paid into Court in a proceeding, the relevant Registrar will give a notice to each party stating that the money has been received and giving details of how the money has been paid, credited or applied.
2.23 Payment out of Litigants’ Fund
(1) Money paid into Court under rule 2.22 may be paid out or applied only in accordance with an order of the Court.
(2) However, the Registrar may pay out of the Litigants’ Fund money that has been paid in as security for costs.
Note 1: An order under this rule will state:
(a) the details of the payment to be made; and
(b) any other action to be taken by a Registrar in relation to the money.
Note 2: As soon as practicable after money is paid out of the Litigants’ Fund, the relevant Registrar will give a notice to each party.
Part 3 Registrars Division 3.1 Powers of Registrars 3.01 Delegation of powers to Registrars For subsection 254(1) of the Act, a power of the Court mentioned in an item of the table in Schedule 1 to these Rules is delegated to a Registrar (an
approved Registrar ) who is approved, or is in a class of Registrars who are approved, by the Chief Judge for the exercise of the power.Note 1: Subsection 254(1) of the Act enables the Chief Judge to make Rules of Court delegating powers to a delegate or prescribed class of delegate. A Registrar is a delegate (see paragraph (b) of the definition of
delegate in subsection 7(1) of the Act).
Note 2: For
Registrar , see rule 1.20.Note 3: If a power of the Court is delegated to a Registrar under this rule:
(a) the Registrar has, in exercising the power, the same protection and immunity as a Judge has in performing the functions of a Judge (see section 257 of the Act); and
(b) a party, legal practitioner or witness appearing before a Registrar on the hearing of any application or matter, or on the conducting of any conference or enquiry, has the same protection and immunity as if appearing in a proceeding in the Court (see subsection 254(4) of the Act).
A Registrar may administer an oath or affirmation in a proceeding.
A Registrar may make an order other than in open court.
A person may apply to the Court without notice for an order that a Registrar do any act or thing that the Registrar is required or entitled to do but has refused to do.
Note: For
without notice , see rule 1.20.
(1) A party may apply to the Court under subsection 256(1) of the Act for review of the exercise of a power of the Court by a Registrar.
(2) The application must be in the approved form.
(1) The application for review of the exercise of a power by a Registrar must be made within 21 days after the day on which the power is exercised.
(2) The applicant must serve a sealed copy of the application on each other party to the proceeding within 7 days after the application is filed.
(3) The application must be listed for a hearing as soon as possible and, unless it is impracticable to do so, within 28 days after the date of filing.
Note 1: Documents marked with the stamp of the Court are as valid and effectual as if sealed with the seal of the Court (see subsection 179(2) of the Act).
Note 2: A person may apply for an extension of time within which to make an application for review (see rule 1.15).
The application for review of an exercise of power by a Registrar does not operate as a stay of the exercise of power.
(1) The Court must hear an application for review of an exercise of power by a Registrar as a hearing de novo.
(2) In the review, the Court:
(a) must receive as evidence any affidavit or exhibit tendered before the Registrar; and
(b) may with leave receive further evidence; and
(c) may receive as evidence:
(i) any transcript of the proceeding before the Registrar; or
(ii) if there is no transcript—an affidavit about the evidence that was adduced at the first hearing, sworn or affirmed by a person who was present at the first hearing.
(1) A person may be represented in the Court by a lawyer or may be unrepresented.
(2) A corporation must be represented in the Court by a lawyer.
Note 1: For
corporation andlawyer , see rule 1.20.Note 2: A notice of address for service for a corporation must be filed by a lawyer (see rule 10.21).
Note 3: The Court may dispense with compliance with the Rules (see rule 1.10).
If a party is unrepresented when a proceeding starts and later appoints a lawyer to represent the party in the proceeding, the lawyer must file a notice of address for service in the approved form.
Note:
File is defined in rule 1.20 as meaning file and serve.
(1) At any stage in a proceeding, a party may appoint another lawyer in place of the lawyer then acting for the party.
(2) As soon as practicable, the newly appointed lawyer must file and serve on each other party and the party’s former lawyer a notice of address for service in the approved form.
(3) The party’s former lawyer remains the lawyer on the record until the newly appointed lawyer has complied with subrule (2).
Note: Rule 10.20 contains requirements about the address for service.
(1) If a party appoints a lawyer and later decides to act in person, the party must, as soon as practicable, file and serve on the lawyer and each other party a notice of acting in person.
Note: Rule 10.20 contains requirements about the address for service.
(2) The party’s former lawyer remains the lawyer on the record until the party has complied with subrule (1).
(3) If a party does not file the documents required by subrule (1), the former lawyer may file a notice of withdrawal in accordance with rule 4.05.
(4) Notice under this rule must contain details of an address for service, as set out in the approved form.
(1) A lawyer for a party may withdraw from the record in a proceeding by filing:
(a) a notice of withdrawal in the approved form; and
(b) a notice of intention to withdraw served in accordance with subrule (2).
Note:
File is defined in rule 1.20 as meaning file and serve.
(2) A lawyer may file a notice of withdrawal without leave of the Court only if, at least 7 days before filing the notice, the lawyer has 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 the approved form.
(4) A lawyer may serve a notice of intention to withdraw on a party by:
(a) emailing the notice to the email address of the party last known to the lawyer; or
(b) posting the notice to the residential or business address of the party last known to the lawyer.
(5) A party whose lawyer has filed a notice under paragraph (1)(a) must file a notice of address for service within 5 days after the lawyer’s notice is filed.
(6) If a party’s lawyer withdraws, the party’s last‑known residential or business address or last‑known email 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 10.28).
(1) The Court may refer a party to a lawyer for legal assistance by issuing a referral certificate.
(2) In making a referral under subrule (1), the Court may take the following matters into account:
(a) the party’s means;
(b) the party’s capacity 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) A Registrar will attempt to arrange for legal assistance to be provided in accordance with the referral certificate to a pro bono lawyer.
A party is not entitled to apply to the Court for a referral under rule 4.06.
If a lawyer accepts a referral under rule 4.06, the lawyer must provide legal assistance in accordance with the referral certificate.
If a pro bono lawyer no longer wishes to provide legal assistance, the lawyer must withdraw in accordance with rule 4.05.
A pro bono lawyer may ask the assisted party to pay any disbursements reasonably incurred, or reasonably to be incurred, by the pro bono lawyer on behalf of the assisted party in relation to the legal assistance.
A party, or the party’s lawyer, must attend the Court on the court date fixed in the originating application.
Note 1: For
originating application , see rule 1.20.Note 2: When a proceeding is started, a Registrar will fix a first court date and a place for hearing and will endorse those details on the originating application.
Note 3: It is the Court’s practice that, unless otherwise notified to the parties, a first court date is not fixed in a migration proceeding.
A respondent who has been served with an originating application must file a notice of address for service in the approved form before the court date fixed in the originating application.
Note: For requirements about the address for service, see rule 10.20.
(1) At any hearing, the Court may make directions for the management, conduct and hearing of a proceeding.
Note: For
direction , see rule 1.20.(2) A party, or the party’s lawyer, must attend each hearing for the proceeding.
Note:
Hearing is defined in rule 1.20 to include a first court date, directions hearing and callover.(3) Without limiting subrule (1), the Court may make a direction mentioned in the following table.
1 | Dispute resolution, including mediation |
2 | The manner and sufficiency of service |
3 | Amendments to applications, responses and pleadings |
4 | The defining of the issues |
5 | The filing and service of affidavits |
6 | Cross‑claims |
7 | The joinder of parties |
8 | The admissibility of affidavits and use of affidavits |
9 | Discovery and inspection of documents |
10 | Inspection of real or personal property |
11 | Admissions of fact or of documents |
12 | The giving of particulars |
13 | The giving of evidence at hearing (including taking evidence by video link or telephone or other means) |
14 | Expert evidence and court experts |
15 | The transfer of the proceeding |
16 | The place, time and manner of hearing |
17 | The providing and limiting of written submissions |
18 | The receipt of submissions by video link or telephone or other means |
19 | Case management |
20 | Costs |
21 | Any other matter that the Court considers appropriate |
(1) If a response makes a cross‑claim, the parties to the cross‑claim, or the parties’ lawyers, must attend the Court on the first court date.
(2) A party may apply to the Court for directions for the management, conduct and hearing of the cross‑claim.
A party who wants to obtain an interlocutory order must make an application in accordance with rule 14.01.
Note: Part 14 deals with interlocutory applications.
A party may apply to the Court at a directions hearing:
(a) to hear and determine the proceeding at the directions hearing; or
(b) to dispose of an originating application or a cross‑claim at the directions hearing.
A party may apply to the Court for an order that, unless another party does an act or thing within a certain time:
(a) the proceeding be dismissed; or
(b) the applicant’s statement of claim, or alternative accompanying document referred to in rule 8.04, be struck out; or
(c) a pleading of the respondent be struck out; or
(d) the party have judgment against the other party.
For the purposes of rule 5.10, an applicant is in default if the applicant does not:
(a) do an act required to be done, or do an act in the time required, by these Rules; or
(b) comply with an order of the Court in the proceeding; or
(c) attend a hearing in the proceeding; or
(d) prosecute the proceeding with due diligence.
For the purposes of rule 5.11, a respondent is in default if the respondent:
(a) has not satisfied the applicant’s claim; and
(b) does not:
(i) do an act required to be done, or do an act in the time required, by these Rules; or
(ii) comply with an order of the Court in the proceeding; or
(iii) attend a hearing in the proceeding; or
(iv) defend the proceeding with due diligence.
If an applicant is in default, the Court may:
(a) stay or dismiss the proceeding for the whole or any part of the relief claimed by the applicant:
(i) immediately; or
(ii) on conditions specified in the order; or
(b) order that a step in the proceeding be taken within a specified time; or
(c) if the applicant does not take a step in the time mentioned in paragraph (b)—stay or dismiss the proceeding for the whole or any part of the relief claimed by the applicant.
If a respondent is in default, the Court may:
(a) order that a step in the proceeding be taken within a specified time; or
(b) if the claim against the respondent is for a debt or liquidated damages—give judgment against the respondent for:
(i) the debt or liquidated damages; and
(ii) if appropriate, interest and costs in a sum fixed by the Court or to be taxed; or
(c) if the proceeding was started by an originating application supported by a statement of claim or an alternative accompanying document referred to in rule 8.04, or if the Court has ordered that the proceeding continue on pleadings—give judgment against the respondent for the relief claimed in the statement of claim or alternative accompanying document to which the Court is satisfied that the applicant is entitled; or
(d) give judgment against the respondent for damages to be assessed, or any other order; or
(e) direct that an order mentioned in paragraph (b), (c) or (d) is to take effect if the respondent does not take a step ordered by the Court in the proceeding in the time specified in the order.
Note 1: The Court may make any order that the Court considers appropriate in the interests of justice (see rule 1.08).
Note 2: An order or judgment under this Division may be set aside or varied.
This Division does not limit the power of the Court to punish for contempt or impose sanctions for failure to comply with an order.
If a document filed in a proceeding contains matter that is scandalous, vexatious or oppressive, a party may apply to the Court for an order that:
(a) the document be removed from the Court file; or
(b) the matter be struck out of the document.
(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.
Note: Section 240 of the Act allows a person to ask the Chief Executive Officer of the Court for a certificate stating whether a person named in the request is or has been the subject of a vexatious proceedings order.
(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.
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 without notice to any other person.
Note 1: A person who is subject to a vexatious proceedings order may apply to the Court for leave to institute a proceeding (see subsection 242(2) of the Act).
Note 2: For the contents of the affidavit that must be filed with the application, see subsection 242(3) of the Act.
(1) A person must comply with any directions made by the Court at the hearing of any proceeding in the Court relating to the use of a communication device or recording device.
(2) A person must not use a recording device for the purpose of recording or making a transcript of the evidence or submissions in a hearing in the Court.
(3) A person must not use a communication device or a recording device that might:
(a) disturb a hearing in the Court; or
(b) cause any concern to a witness or other participant in the hearing; or
(c) allow a person who is not present in the Court to receive information about the proceeding or the hearing to which the person is not entitled.
Note 1: The Court may have regard to any relevant matter, including the following:
(a) why the person needs to use the device in the hearing;
(b) if an order has been given excluding one or more witnesses from the Court—whether there is a risk that the device could be used to brief a witness out of court;
(c) whether the use of the device would disturb the hearing or distract or cause concern to a witness or other participant in the hearing.
Note 2: The Court may dispense with compliance with the Rules (see rule 1.10).
Rule 6.04does not limit the powers of the Court to punish for contempt.
(1) If a matter is urgent, a person who intends to start a proceeding (a
prospective applicant ) may apply to the Court, with or without notice, as if the prospective applicant had started the proceeding and the application had been made in the proceeding.(2) To the extent relevant, the applicable Federal Court Rules will apply in relation to the following matters:
(a) injunctions and preservation of property;
(b) approval of an agreement with a person who needs a litigation guardian;
(c) preliminary discovery;
(d) appointment of receivers.
(3) A prospective applicant seeking an order under this rule must give an undertaking to the Court to start a proceeding in relation to the subject matter of the application within 14 days after the application has been determined.
Note:
This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.
(1) The Court may make an order (a
freezing order ) for the purpose of preventing the frustration or inhibition of the Court’s process by seeking to meet a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied.(2) A freezing order may be made without notice to a respondent.
(3) A freezing order may be an order restraining a respondent from removing any assets located in or outside Australia or from disposing of, dealing with, or diminishing the value of, those assets.
Note: For
without notice , see rule 1.20.
(1) The Court may make an order (an
ancillary order ) ancillary to a freezing order or prospective freezing order as the Court considers appropriate.(2) Without limiting subrule (1), an ancillary order may be made for either or both of the following purposes:
(a) eliciting information relating to assets relevant to the freezing order or prospective freezing order;
(b) determining whether the freezing order should be made.
The Court may make a freezing order or an ancillary order against a person even if the person is not a party in a proceeding in which substantive relief is sought against the respondent.
(1) This rule applies if:
(a) judgment has been given in favour of an applicant:
(i) by the Court; or
(ii) for a judgment to which subrule (2) applies—by another court; or
(b) an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in:
(i) the Court; or
(ii) for a cause of action to which subrule (3) applies—another court.
(2) This subrule applies to a judgment if there is a sufficient prospect that the judgment will be registered in or enforced by the Court.
(3) This subrule applies to a cause of action if:
(a) there is a sufficient prospect that the other court will give judgment in favour of the applicant; and
(b) there is a sufficient prospect that the judgment will be registered in or enforced by the Court.
(4) The Court may make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor if the Court is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because any of the following might occur:
(a) the judgment debtor, prospective judgment debtor or another person absconds;
(b) the assets of the judgment debtor, prospective judgment debtor or another person are:
(i) removed from Australia or from a place inside or outside Australia; or
(ii) disposed of, dealt with or diminished in value.
(5) The Court may make a freezing order or an ancillary order or both against a person other than a judgment debtor or prospective judgment debtor (a
third party ) if the Court is satisfied, having regard to all the circumstances, that:
(a) there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because:
(i) the third party holds or is using, or has exercised or is exercising, a power of disposition over assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or
(ii) the third party is in possession of, or in a position of control or influence concerning, assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or
(b) a process in the Court is or may ultimately be available to the applicant as a result of a judgment or prospective judgment, and under that process the third party may be obliged to disgorge assets or contribute toward satisfying the judgment or prospective judgment.
(6) Nothing in this rule affects the power of the Court to make a freezing order or ancillary order if the Court considers it is in the interests of justice to do so.
Nothing in this Division diminishes the statutory or implied jurisdiction of the Court to make a freezing order or ancillary order.
An application for a freezing order or an ancillary order may be served on a person who is outside Australia (whether or not the person is domiciled or resident in Australia) if any of the assets to which the order relates are within the jurisdiction of the Court.
Note: For service outside Australia, see subrule 1.06(2) and the Federal Court Rules, Division 10.4.
(1) The Court may make any order as to costs it considers appropriate in relation to an order made under this Division.
(2) Without limiting subrule (1), an order as to costs includes an order as to the costs of any person affected by a freezing order or ancillary order.
Note:
This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.
(1) The Court may make an order (a
search order ) in a proceeding or in anticipation of a proceeding in the Court to secure or preserve evidence that is, or may be, relevant to an issue in the proceeding or anticipated proceeding.(2) The search order may require a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence.
(3) The Court may make a search order without notice to the respondent.
Note: For
without notice , see rule 1.20.
The Court may make a search order if the Court is satisfied that:
(a) an applicant seeking the order has a strong prima facie case on an accrued cause of action; and
(b) the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
(c) there is sufficient evidence in relation to a respondent that:
(i) the respondent possesses important evidentiary material; and
(ii) there is a real possibility that the respondent might destroy that material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the Court.
Nothing in this Division diminishes the statutory or implied jurisdiction of the Court to make a search order.
(1) A search order may direct each person who is named or described in the order:
(a) to permit, or arrange to permit, other persons named or described in the order:
(i) to enter premises specified in the order; and
(ii) to take any steps that are in accordance with the terms of the order; and
(b) to provide, or arrange to provide, other persons named or described in the order with any information, thing or service described in the order; and
(c) to allow other persons named or described in the order to take and retain in their custody any thing described in the order; and
(d) not to disclose any information about the order, for up to 3 days after the date the order was served, except for the purposes of obtaining legal advice or legal representation; and
(e) to do or refrain from doing any act, as the Court considers appropriate.
(2) Without limiting subparagraph (1)(a)(ii), the steps that may be taken in relation to a thing specified in a search order include:
(a) searching for, inspecting or removing the thing; and
(b) making or obtaining a record of the thing or any information it may contain.
(3) A search order may contain other provisions the Court considers appropriate.
(4) In subrule (2):
record includes a copy, photograph, film or sample.
(1) If the Court makes a search order, the Court must appoint one or more lawyers, each of whom is independent of the applicant’s lawyer, (the
independent lawyers ):
(a) to supervise the execution of the order; and
(b) to do any other act or thing in relation to the order that the Court considers appropriate.
(2) The Court may appoint an independent lawyer to supervise execution of the order at any one or more premises.
(3) The Court may appoint a different independent lawyer or lawyers to supervise execution of the order at other premises.
(4) The Court may order that each independent lawyer have power to do any other act or thing in relation to the order that the Court considers appropriate.
(1) The Court may make any order for costs that it considers appropriate in relation to an order made under this Division.
(2) Without limiting subrule (1), an order for costs includes an order for the costs of any person affected by a search order.
(1) A person who wants to start a proceeding must file an originating application in the approved form.
(2) An originating application must include:
(a) the applicant’s name and address; and
(b) the applicant’s address for service.
(3) If an originating application states that the applicant is represented by a lawyer:
(a) the lawyer must, if requested in writing by a respondent, declare in writing whether the lawyer filed the originating application; and
(b) if the lawyer declares in writing that the lawyer did not file the originating application, the respondent may apply to the Court to stay the proceeding.
Note:
File is defined in rule 1.20 as meaning file and serve.
(1) If Part 2 of the Civil Dispute Resolution Act applies to a proceeding, the applicant in the proceeding must, when filing the originating application, file the applicant’s genuine steps statement in 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 1.20.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.
(1) An originating application must state:
(a) the relief claimed; and
(b) if the relief is claimed under a provision of an Act—the Act and the provision under which the relief is claimed.
(2) An originating application claiming relief of the kind mentioned in column 2 of the following table must state the details mentioned in column 3 of the table.
1 | Interlocutory relief | The interlocutory order sought |
2 | An injunction | The order sought |
3 | A declaration | The declaration sought |
4 | Damages | To the extent possible, the amount of damages claimed |
5 | Exemplary damages | The claim for exemplary damages |
(3) The originating application need not include a claim for costs.
(1) An originating application must be accompanied by:
(a) unless paragraph (b) or (c) applies:
(i) an affidavit; or
(ii) a statement of claim or points of claim; or
(b) if a practice direction issued by the Chief Judge requires the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document; or
(c) if a practice direction issued by the Chief Judge permits the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document, an affidavit or a statement of claim or points of claim.
Note 1: A practice direction issued by the Chief Judge may require or permit an alternative accompanying document to accompany an originating application by:
(a) expressly requiring or permitting the alternative accompanying document to accompany the originating application; or
(b) referring to another document that requires or permits the alternative accompanying document to accompany the originating application.
Note 2: When an originating application and accompanying document are filed, a Registrar will fix a first court date and a place for hearing and will endorse those details on the application.
Note 3: If the Court has made an order shortening the time for service of the application, a Registrar will endorse details of the order on the application.
(2) Subrule (1) does not apply to:
(a) an application filed in accordance with rule 29.02; or
(b) an application filed in the Fair Work Division in accordance with rule 31.03, 31.04, 31.05, 31.06, 31.07, 31.09 or 31.11.
(3) An affidavit referred to in subrule (1) must state the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at trial.
Note 1: For the content of a statement of claim, see Division 13.1.
Note 2: For the content of an alternative accompanying document, see rule 13.14.
(4) This rule has effect subject to any other rule of the Court.
Note 1: For some special classes of proceeding, requirements for the documents that must accompany an originating application are found in Chapter 3.
Note 2: This rule does not apply to the initiating process in proceedings under the
Admiralty Act 1988 (see theAdmiralty Rules 1988 ).
(1) The applicant must serve a copy of the following personally on each respondent named in the originating application:
(a) the originating application;
(b) each other document required to accompany the application by rule 8.04 or any other rule of the Court.
Note: Division 10.1 deals with personal service. For service outside Australia, see subrule 1.06(2) of these Rules and Division 10.4 of the Federal Court Rules.
(2) The applicant must serve the documents described in subrule (1) as soon as practicable and at least 5 days before the first court date.
Note 1: The Court may extend or shorten the time for service (see rule 1.15).
Note 2: Documents should generally be served as soon as practicable after filing (which may be immediately).
(3) A document must be served within 12 months after filing.
Note: The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules (see rules 1.10 and 1.11).
(1) If an originating application has not been served, the applicant may ask a Registrar to change the first court date fixed in the originating application.
(2) The applicant may apply to change the first court date by lodging an amended originating application electronically with the Court for filing, in accordance with rule 2.12.
Note:
File is defined in rule 1.20 as meaning file and serve.(3) If:
(a) the applicant applies to change the first court date otherwise than by lodging an amended originating application electronically with the Court for filing; and
(b) a Registrar changes the first court date;
the applicant must change the court date endorsed on the copy of the application that is to be served.
(1) 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 in the proper registry.(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 section 78B of the
Judiciary Act 1903 applies.
(1) The party filing the notice must:
(a) serve a copy of the notice on:
(i) the Attorneys‑General of the Commonwealth and each of the States and Territories; and
(ii) each other party; and
(b) as soon as practicable after serving the notice, file an affidavit of service; and
(c) give a copy of each document filed in the proceeding relevant to the constitutional matter (whether filed before or after the notice) to any Attorney‑General who has intervened, as soon as practicable after notice of the intervention is given to the party.
(2) The notice must be served:
(a) if the matter arises in any originating application—within 7 days after the day the application is filed; or
(b) if the matter arises in any pleading—within 7 days after the pleading is filed; or
(c) if the matter arises before the date fixed for a hearing of a proceeding and paragraph (a) or (b) does not apply—at least 14 days before the date fixed for the hearing; or
(d) in any other case—within the time that the Court directs.
Note 1: For the Court’s powers when a constitutional matter arises, see subsections 78B(2) and (5) of the
Judiciary Act 1903 .Note 2: Section 78B of the
Judiciary Act 1903 provides that once a court becomes aware that a proceeding involves a matter referred to in that section, the court must not proceed to determine the proceeding until it is satisfied that notice of the proceeding has been given to the Attorneys‑General of the Commonwealth and of the States and Territories.
An applicant may apply to the Court for leave to amend an originating application for any reason, including:
(a) to correct a defect or error that would otherwise prevent the Court from determining the real questions raised by the proceeding; or
(b) to avoid the multiplicity of proceedings; or
(c) to correct a mistake in the name of a party to the proceeding; or
(d) to correct the identity of a party to the proceeding; or
(e) to change the capacity in which the party is suing in the proceeding, whether the changed capacity is one that the party had when the proceeding started or has acquired since that time; or
(f) to substitute a person for a party to the proceeding; or
(g) to add or substitute a new claim for relief, or a new foundation in law for a claim for relief, that arises:
(i) out of the same facts or substantially the same facts as those already pleaded to support an existing claim for relief by the applicant; or
(ii) in whole or in part, out of facts or matters that have occurred or arisen since the start of the proceeding.
Note 1: For the Court’s power to make rules about amending a document, see subsection 219(2) of the Act.
Note 2: For paragraph (b) and the avoidance of multiplicity of proceedings, see section 139 of the Act.
Note 3: Rule 9.05 deals with joinder of parties by Court order.
(1) An applicant may apply to the Court for leave to amend an originating application in accordance with paragraph 8.09(c), (d) or (e) or subparagraph 8.09(g)(i) even if the application is made after the end of any relevant limitation period applying at the date the proceeding was started.
(2) However, an applicant must not apply to amend an originating application in accordance with subparagraph 8.09(g)(ii) after the time within which any statute that limits the time within which a proceeding may be started has expired.
If an originating application is amended with the effect that another person is substituted as a party to the proceeding, the proceeding is taken to have started for that person on the day the application is amended.
An applicant given leave to amend an originating application must file an amended application:
(a) with the amendment clearly marked; and
(b) endorsed with:
(i) the date of the order giving leave to amend; and
(ii) the date of the amendment.
An order that an applicant be permitted to amend an originating application ceases to have effect unless the applicant amends the application in accordance with the order within:
(a) the period specified in the order; or
(b) if no period is specified in the order—14 days after the date on which the order permitting the amendment was made.
Note: If the Court permits an applicant to amend an originating application, the Court may also make orders about the procedure for amending the application and serving the application.
If an originating application is amended after it has been served, the applicant who made the amendment must, as soon as practicable after the amendment is made, serve a copy of the amended application on the parties on whom the originating application was served.
Note: The Court may dispense with service of the amended application.
(1) A respondent to an originating application who seeks to do any of the following in response to the application must file a response in the approved form:
(a) indicate consent to an order sought by the applicant;
(b) ask the Court to dismiss or set aside the application;
(c) make a cross‑claim.
(2) A response must include the following:
(a) the respondent’s name and address;
(b) the respondent’s address for service.
(3) A response making a cross‑claim must state:
(a) the relief claimed and the basis on which the relief is claimed; and
(b) if the relief is claimed under a provision of an Act—the Act and the provision under which the relief is claimed.
(4) If a statement of claim or points of claim are filed with the originating application, a respondent who wishes to defend the proceeding:
(a) must file a defence or points of defence with the response; and
(b) may make a cross‑claim.
(5) Subject to subrule (6), if an affidavit is filed with the originating application, a respondent:
(a) must file an affidavit with the response, stating the facts relied on; and
(b) may make a cross‑claim.
(6) An affidavit is not required if:
(a) the respondent is indicating consent to the orders sought by the applicant; or
(b) the proceeding is a migration proceeding.
(7) A response must be filed within 28 days after service of the originating application to which it relates.
Note 1:
File is defined in rule 1.20 as meaning file and serve.Note 2: A response to an application under Part 25 (migration proceedings) must comply with the additional requirements of rule 25.05.
(1) If the Court is satisfied that a person who is the subject of an application for punishment of a contempt is likely to abscond or otherwise withdraw from the jurisdiction of the Court, the Court may:
(a) order that the person charged give security for the person’s appearance to answer the charge; or
(b) issue a warrant in the approved form:
(i) for the person’s arrest and detention in custody until the person is brought before the Court; and
(ii) for the production of the person before the Court.
(2) If the person charged does not comply with an order to give security, the Court may issue a warrant for the arrest of the person and for the person’s detention in custody until the person is brought before the Court to answer the charge.
(3) A warrant referred to in this rule may be issued to one of the following persons:
(a) the Sheriff of the Court;
(b) a Deputy Sheriff of the Court;
(c) the Sheriff of a court of a State or Territory;
(d) a Deputy Sheriff of a court of a State or Territory;
(e) a police officer.
If a person charged with contempt under this Division is brought before the Court, the Court will:
(a) tell the person of the allegation; and
(b) ask the person to state whether the person admits or denies the allegation; and
(c) hear any evidence in support of the allegation.
(1) After hearing evidence in support of the allegation, the Court may:
(a) if the Court decides there is no prima facie case—dismiss the application; or
(b) if the Court decides there is a prima facie case:
(i) invite the person to state the person’s defence to the allegation; and
(ii) after hearing any defence, determine the charge.
(2) If the Court finds the charge proved, the Court may make an order for the punishment of the person.
A warrant for the imprisonment of a person charged under this Part may be issued by the Judge presiding in the Court directing the arrest or detention.
If a person charged is committed to prison for a term, the person may apply to the Court for an order for the person’s discharge before the end of the term.
Note: See rule 3.01.
1 | Subsection 143(1) | To give summary judgment for a prosecuting party |
2 | Subsection 143(2) | To give summary judgment for a defending party |
3 | Subsection 153(1) | To transfer a proceeding from the Court to the Federal Court |
4 | Subsection 153(5) | To make a necessary order pending the disposal of a proceeding by the Federal Court |
5 | Paragraph 174(2)(b) | To give directions, applying the Rules of Court made under the Federal Court Act, with necessary modifications, to the practice and procedure of the Court |
6 | Section 182 | To give directions about the length of documents required or permitted to be filed in the Court |
7 | Section 184 | To order, at any stage, a change of venue |
8 | Section 187 | To give directions about limiting the time for oral argument in a proceeding |
9 | Section 188 | To give directions about the use, or length, of written submissions in a proceeding |
10 | Subsection 189(2) | To make an order declaring that a proceeding is not invalid by reason of a formal defect or an irregularity |
11 | Section 197 | To give directions about limiting the time for giving testimony in a proceeding |
12 | Subsection 199(2) | To give directions that particular testimony is to be given orally or by affidavit |
13 | Subsection 201(1) | To direct or allow testimony to be given by video link or audio link |
14 | Subsection 202(1) | To direct or allow a person to appear by way of video link or audio link |
15 | Subsection 203(1) | To direct or allow a person to make a submission by way of video link or audio link |
16 | Section 205 | To direct or allow a document to be put to a person who is appearing or being examined by video link or audio link |
17 | Paragraph 206(b) | To allow another person to administer oath or affirmation to a remote person |
18 | Section 207 | To make orders for the payment of expenses incurred in connection with giving testimony, appearing, or making submissions, by video link or audio link |
19 | Subsection 212(3) | To fix a rate of interest that is lower than that fixed by subsection 212(2) |
20 | Section 214 | To award costs of or in connection with an application heard by a Registrar |
21 | Sections 230 and 233 | To make an order prohibiting or restricting the publication or other disclosure of particular evidence or the name of a party of witness |
22 | Subsection 254(2) | All of the following:
(i) to make an order as to costs; (j) to make an order about security for costs;
|
23 | Paragraph 545(2)(b) | To order a person to pay compensation |
24 | Section 548 | To deal with small claims proceedings |
25 | Subsection 548(4) | To amend the papers starting the proceeding |
26 | Subsections 548(5) and (6) | To give leave for a party to a small claims proceeding to be represented by a lawyer |
27 | Subsection 548(8) | To give leave for a party to a small claims proceeding to be represented by an official of an industrial association |
28 | Subsection 548(10) | To order a party to pay costs incurred for any filing fees |
29 | Section 570 | To order a party to pay costs incurred by another party |
30 | Subrule 1.06(2) | To apply the Federal Court Rules and modify or dispense with those rules, as necessary, where these Rules are insufficient or inappropriate |
31 | Rule 1.09 | To make an order subject to conditions |
32 | Rule 1.10 | To dispense with compliance with the Rules |
33 | Rule 1.11 | To make an order inconsistent with these Rules |
34 | Rule 1.13 | To make an order about procedure |
35 | Rule 1.14 | To fix a time within which an act or thing is to be done |
36 | Subrule 1.15(1) | To extend or shorten a time fixed by the Rules or by an order of the Court |
37 | Subrule 1.15(2) | To extend a time fixed by the Rules or by an order of the Court even if the time fixed has passed |
38 | Rule 1.16 | To exercise a power on its own initiative or on the application of a party |
39 | Rule 1.17 | To give judgment or make an order even if the applicant has not made a claim for that relief |
40 | Rule 1.18 | To specify in an order the consequences of non‑compliance |
41 | Subrule 1.19(2) | To depart from a practice direction if appropriate in the circumstances |
42 | Paragraph 2.01(b) | To direct that the seal of the Court be attached to a document |
43 | Subrule 2.02(2) | To direct that the seal or stamp of the Court be attached to a document |
44 | Rule 2.04 | To consider an application to have a proceeding heard in another registry of the Court and to have regard to certain matters when considering the application |
45 | Subrule 2.05 | To make orders in relation to compliance with requirements for documents |
46 | Paragraph 2.14(3)(b) | To direct that the original of a document or transmission report be produced |
47 | Rule 2.18 | To make an order for removal of a document from the Court file and to impose conditions on the removal |
48 | Rule 2.19 | To make an order for redaction of a document on a Court file and to impose conditions on the redaction |
49 | Rule 2.20 | To permit or impose conditions on the removal of a document from the Registry |
50 | Subrule 2.21(4) | To give leave for a person to inspect a document that the person is not otherwise entitled to inspect |
51 | Rule 2.23 | To order than money be paid out of a Litigants’ Fund |
52 | Rule 3.07 | To order that the application operates as a stay of an exercise of the power under review |
53 | Rule 4.01 | To give leave to a corporation to proceed otherwise than by a lawyer |
54 | Subrule 4.05(2) | To give leave to a lawyer to file a notice of withdrawal without satisfying the requirement to serve a notice of intention to withdraw on the party for whom the lawyer is acting |
55 | Subrules 4.06(1) and (2) | To refer a party to a lawyer for legal assistance and to take certain matters into account when making such a referral |
56 | Rule 5.01 | To order that a party, or the party’s lawyer, need not attend the Court on the first court date |
57 | Rule 5.03 | To give directions for the conduct of the proceeding, including at the first court date |
58 | Rule 5.04 | To make directions or orders for the management, conduct and hearing of a cross‑claim |
59 | Rule 5.06 | To hear and determine a proceeding at a directions hearing |
60 | Rule 5.07 | To make self‑executing orders |
61 | Rule 5.10 | To make orders if an applicant is in default as provided in rule 5.08 |
62 | Rule 5.11 | To make orders if a respondent is in default as provided in rule 5.09 |
63 | Rule 6.01 | To remove from the Court file a document containing matter that is scandalous, vexatious or oppressive To strike from a document matter that is scandalous, vexatious or oppressive |
64 | Rule 6.04 | To give leave for the use of a recording device or communication device in a place where a hearing is taking place, and to make directions relating to that use |
65 | Subrule 8.05(2) | To make an order permitting an originating application and any document filed with it to be served otherwise than as provided by subrule 8.05(2) |
66 | Rule 8.09 | To allow or direct a party to amend an originating application |
67 | Rule 8.12 | To make an order about the procedure for amending an originating application |
68 | Rule 8.14 | To make an order about service of the amended originating application |
69 | Rule 8.18 | To give leave to file an amended response to include a cross‑claim |
70 | Rule 8.21 | To make an order permitting a response and any document filed with it to be served otherwise than as provided by subrule 8.21(1) |
71 | Rule 8.26 | To make an order in relation to a cross‑claim |
72 | Rule 8.28 | To give leave to amend a response generally |
73 | Rule 8.29 | To make an order about the procedure for amending a response |
74 | Rule 8.31 | To make an order about service of the amended response |
75 | Rule 9.02 | To give leave for 2 or more persons to be joined as applicants or respondents in a proceeding |
76 | Rule 9.05 | To make orders in relation to persons who must be included as parties to a proceeding |
77 | Rule 9.08 | To consider an application by a party to be removed as a party |
78 | Rule 9.09 | To make an order for the joinder or removal of a party following the assignment, transmission or devolution of a party’s interest or liability, or for the future conduct of a proceeding |
79 | Rule 9.10 | To order that a proceeding be dismissed if a party is not substituted for a deceased party |
80 | Rule 9.12 | To give leave to a person to intervene in a proceeding, determine the terms and conditions on which the person is to intervene and determine the rights, privileges and liabilities of the intervener |
81 | Subrule 9.25(2) | To order that a minor in a proceeding is not taken to need a litigation guardian in relation to the proceeding |
82 | Subrule 9.28(1) | To appoint a litigation guardian in a proceeding |
83 | Subrule 9.31(1) | To remove a litigation guardian |
84 | Subrule 9.31(2) | To stay a proceeding until a replacement litigation guardian is appointed |
85 | Rule 9.38 | To make orders for the payment of the costs and expenses of a litigation guardian |
86 | Rule 10.13 | To find that a document is taken to have been served |
87 | Rule 10.14 | To order substituted service |
88 | Rule 10.15 | To make an order about service of a notice or other document by the Court or an officer of the Court |
89 | Rule 10.20 | To make an order about a person’s address for service |
90 | Subrule 10.29(1) | To order evidence of service of a document to be given otherwise than by affidavit |
91 | Rule 12.01 | To make an order about an originating application |
92 | Subrule 13.15(1) | To order that the whole or a part of a pleading be struck out |
93 | Subrule 13.15(2) | To order that a pleading be removed from the Court file |
94 | Rule 13.17 | To make an order varying the times for filing and serving pleadings |
95 | Rule 13.23 | To order a party to file and serve particulars or a statement of the nature of the party’s case |
96 | Rule 13.25 | To disallow the amendment of a pleading |
97 | Rule 13.26 | To allow or direct a party to amend a pleading |
98 | Rule 13.27 | To order when an amendment of a pleading takes effect |
99 | Rule 13.32 | To make an order about the procedure for amending a pleading |
100 | Rule 13.33 | To make an order about the service of an amended pleading |
101 | Subrule 14.01(3) | To make an order permitting an interlocutory application and any document filed with it to be served otherwise than as provided by subrule 14.01(3) |
102 | Rule 14.03 | To make an order about the service of an interlocutory application |
103 | Rule 14.04 | To make orders if a party is absent from an interlocutory hearing |
104 | Rule 15.01 | To order the applicant to give the security the Court considers appropriate for the respondent’s costs of the proceeding |
105 | Paragraph 15.01(1)(b) | To order that a proceeding be stayed until security is provided |
106 | Paragraph 15.01(1)(c) | To order that a proceeding be stayed or dismissed if security is not provided |
107 | Rule 16.05 | To make an order about the use of a document |
108 | Rule 16.06 | To order a party to give discovery in accordance with Division 16.2 |
109 | Subrule 16.07(1) | To make orders for discovery |
110 | Subrule 16.08(1) | To inspect a document for the purpose of determining whether a claim for privilege is valid |
111 | Rule 16.09 | To make an order about the manner and time for giving discovery |
112 | Rule 16.11 | To order a party to file an affidavit regarding the party’s control of a document or class of document |
113 | Subrule 16.12(3) | To order that a document be produced for inspection |
114 | Rule 16.13(2) | To order a party to produce a document electronically for inspection |
115 | Rule 16.14 | To order otherwise than permitting a party who inspects a document under Division 16.3 to make a copy of, or take an extract from, the document |
116 | Subrule 16.15(1) | To order a party to produce to the Court a document in the party’s control |
117 | Subrule 16.15(2) | To inspect a document for the purpose of determining the validity of an objection |
118 | Subrule 16.16(2) | To make appropriate orders in relation to the administration of interrogatories |
119 | Rule 17.05 | To make an order about the payment of the costs of proving a fact |
120 | Subrule 17.12(2) | To order that material referred to in subrule 17.12(1) be removed from the Court file |
121 | Subrule 17.13(4) | To allow an affidavit to be used in a proceeding where the affidavit is made by a person who is incapable of reading it or incapable of signing it and no certificate or statement under rule 17.13 appears on the affidavit |
122 | Rule 17.15 | To make an order about the filing of an affidavit that is irregular in form |
123 | Rule 17.16 | To give leave to use an affidavit if the maker of the affidavit fails to attend for cross‑examination |
124 | Rule 17.17 | To appoint an expert as Court expert to inquire into and report on a question arising in a proceeding, and give directions for the purposes of the inquiry or report |
125 | Rule 17.18 | To direct otherwise than that the parties are jointly liable to pay the reasonable remuneration and expenses of a Court expert for preparing a report |
126 | Subrule 17.19(3) | To do a thing referred to in subrule 17.19(3) in relation to a report prepared by a court expert |
127 | Rule 17.20 | To give leave to a party to adduce evidence of another expert on a question on which a Court expert has made a report |
128 | Rule 17.23 | To order a party to provide copies of that party’s expert report |
129 | Subrule 17.24(2) | To give a direction in relation to opinion evidence by an expert witness |
130 | Rule 18.01 | To direct that a party may request the issue of more than 5 subpoenas in a proceeding |
131 | Rule 18.02 | To give leave to issue a subpoena without notice to any other party |
132 | Subrule 18.04(1) | To order an addressee, by subpoena: (a) to attend to give evidence; or (b) to produce documents; or (c) to do both of those things |
133 | Rule 18.06 | To fix time limits for service of a subpoena otherwise than as required by paragraph 18.06(a) |
134 | Subrule 18.09(1) | To make an order setting aside all or part of a subpoena |
135 | Subrule 18.09(3) | To order that an applicant give notice of an application to set aside a subpoena |
136 | Rule 18.13 | To give a direction for the removal, return, inspection, copying and disposal of a document or thing |
137 | Paragraph 18.14(1)(b) | To permit a person who inspects or copies a document under these Rules to disclose the contents of the document or give a copy of it to another person |
138 | Rule 18.15 | To give leave to inspect a document or thing |
139 | Rule 18.17 | To make an order for the payment of any loss or expense incurred in complying with a subpoena |
140 | Rule 18.19 | To give leave to inspect and copy a document produced to the Court from another court |
141 | Rule 21.02 | To:
(b) adjourn or stay the proceeding; and
|
142 | Rule 21.03 | To make orders about mediation or arbitration |
143 | Rule 21.04 | To order that a party or a lawyer representing a party is not required to attend a mediation in person |
144 | Rule 21.05 | To end a mediation or arbitration or terminate the appointment of a mediator or arbitrator |
145 | Rule 21.07 | To give directions for the management and conduct of the proceeding following the parties’ referral of the proceeding to a dispute resolution process |
146 | Paragraph 21.08(b) | To make consent orders if parties resolve the issues between them following a dispute resolution process |
147 | Rule 21.10 | To appoint a new mediator and give directions on how a mediation should continue |
148 | Rule 22.01 | To order that a question be heard separately from any other question |
149 | Rule 22.03 | To order that several proceedings be consolidated, tried at the same time or in a specified order, or stayed until one of the proceedings has been determined |
150 | Rule 22.04 | To make orders if a party is absent from a hearing |
151 | Rule 22.05 | To adjourn a proceeding or strike out a proceeding if no party appears at trial |
152 | Rule 22.06 | To make an order limiting time for or the number of witnesses that a party may call, or documents that a party may tender, or make an order as to the length and manner of submissions |
153 | Rule 22.07 | To give judgment and make an order for entry of judgment after a party dies |
154 | Rule 22.08 | To give leave to a party to read evidence taken or an affidavit filed in other proceedings |
155 | Rule 22.12 | To:
|
156 | Rule 22.13 | To make an order for the attendance of a person for examination, or for the attendance of the person and the production of a document or thing by the person |
157 | Rule 23.01 | To give leave to a party to withdraw an admission or other matter operating for the benefit of another party |
158 | Paragraph 23.02(2)(c) | To give leave to file a notice of discontinuance other than as required by paragraph 23.02(2)(a) or (b) |
159 | Subrule 23.02(4) | To give leave to file a notice of discontinuance where the proceeding is a creditor’s petition or a party is represented by a litigation guardian |
160 | Subrule 23.05(2) | To direct that a party may file an application for costs more than 28 days after a notice of discontinuance has been served on the party |
161 | Rule 23.06 | To stay a further proceeding until costs are paid by the party bringing the further proceeding |
162 | Subrule 23.07(4) | To require a party to provide additional information before a consent order is made |
163 | Subrule 23.08(1) | To give summary judgment for a party |
164 | Paragraph 23.08(3)(b) | |
To stay execution on, or other enforcement of, a judgment until determination of a claim | ||
165 | Rule 23.09 | To order that a proceeding, or a part of a proceeding, be dismissed if a party has not taken a step in the proceeding for 6 months, and to give notice to each party of the date and time the Court will consider whether to make such an order |
166 | Rule 23.10 | To stay a further proceeding until costs are paid by the party bringing the further proceeding |
167 | Rule 24.01 | To order that a judgment or order take effect on a specified date |
168 | Rule 24.02 | To order the time for compliance with an order |
169 | Rule 24.03 | To vary or set aside a judgment or order before it has been entered |
170 | Rule 24.04 | To vary or set aside a judgment or order after it has been entered |
171 | Subrule 25.08(4) | To direct the persons to be served with a notice and High Court order remitting a matter to the Court |
172 | Rule 25.09 | To stay a proceeding |
173 | Subrule 25.10(1) | To give orders or directions for the conduct of a migration proceeding |
174 | Subrule 25.10(2) | To give orders or directions in Chambers without a hearing or to require the parties to attend a hearing |
175 | Subrule 25.14(4) | To make a costs order in Chambers in accordance with subrule 25.14(4) |
176 | Rule 25.15 | To certify that it was reasonable to employ one or more advocates to appear for a party to a migration proceeding |
177 | Rule 25.16 | To dismiss a proceeding in open court or in Chambers without a hearing on the death of an applicant |
178 | Rule 27.07 | To give directions for the conduct of an appeal from a decision of the ART |
179 | Rule 28.06 | To give leave to a special purpose Commissioner to assist the Court |
180 | Paragraph 32.01(1)(c) | To allow further time for an application for an order for costs to be made |
181 | Rule 32.02 | To do a thing referred to in any of paragraphs 32.02(a) to (d) in making an order for costs in a proceeding |
182 | Rule 32.03 | If costs of an application or other proceeding are reserved—to order otherwise than that the costs follow the event |
183 | Rule 32.05 | To make an order for costs against a lawyer |
184 | Rule 32.07 | To order otherwise than that a party is entitled to costs in accordance with Schedule 2 and disbursements properly incurred |
185 | Rule 32.08 | To order otherwise than that interest is payable on outstanding costs at the rate specified in rule 32.08 |
186 | Paragraph 32.10(b) | To authorise or approve an amount for attendance by a witness |
187 | Paragraph 32.11(b) | To authorise or approve an amount for preparation of a report by an expert |
188 | Rule 32.13 | To certify that it was reasonable to employ one or more advocates to appear for a party to a proceeding |
189 | Subrule 32.15(1) | To specify the maximum costs that may be recovered on a party and party basis |
190 | Subrule 32.15(3) | To vary the maximum costs specified if there are special reasons and it is in the interests of justice to do so |
191 | Rule 33.01 | To give a direction for the enforcement or execution of an order |
192 | Rule 33.10 | To make an order, issue a writ or take another step to enforce a judgment or order |
193 | Subsection 486F(1) | To make a costs order where the Court finds that migration litigation has no reasonable prospect of success |
194 | Section 178 | To order a person to pay compensation |
195 | Section 199 | To deal with small claims proceedings |
196 | Subsection 199(6) | To amend the papers starting the proceedings |
197 | Subsections 199(7) and (8) | To give leave for a party to a small claims proceeding to be represented by a lawyer |
198 | Section 200 | To order a party to pay costs incurred by another party |
199 | Section 37 | To order a credit provider to provide a statement |
200 | Subsection 38(7) | To determine a disputed liability and make consequential orders |
201 | Subsection 74(2) | To make orders changing, or refusing to change, the terms of a credit contract |
202 | Subsection 74(3) | To stay enforcement proceedings or make other orders relating to a debtor’s application to change the terms of a credit contract |
203 | Subsection 75(1) | To vary or revoke an order under subsection 74(2) |
204 | Subsection 75(2) | To vary or revoke a stay or order under subsection 74(3) |
205 | Section 76 | To reopen an unjust transaction that gave rise to an unjust contract, mortgage or guarantee |
206 | Section 78 | To annul or reduce an unconscionable change to a rate, fee or charge |
207 | Subsection 96(2) | To order or refuse to order a postponement |
208 | Subsection 96(3) | To stay enforcement proceedings until an application for postponement has been heard |
209 | Subsection 101(1) | To order a person to deliver mortgaged goods to a credit provider |
210 | Subsection 101(2) | To make orders varying the place at which, or time or period within which, mortgaged goods must be delivered to a credit provider |
211 | Subsection 106(1) | To order a credit provider to credit a mortgagor |
212 | Subsection 106(2) | To order a credit provider to compensate a mortgagor or mortgagee |
213 | Subsection 107(3) | To determine the amount of enforcement expenses that may be recovered by a credit provider |
214 | Section 108 | To order a credit provider to return possession of goods to a mortgagor |
215 | Section 118 | To order a credit provider to pay compensation to a debtor, lessee or guarantor |
216 | Section 175F | To order a lessor under a consumer lease to provide a statement |
217 | Subsection 175G(6) | To determine a disputed liability and make consequential orders |
218 | Section 177D | To make orders changing, or refusing to change, the terms of a consumer lease or staying enforcement proceedings or make other orders relating to a lessee’s application to change the terms of a consumer lease |
219 | Section 177E | To vary or revoke an order or stay under section 177D |
220 | Section 177F | To reopen an unjust transaction that gave rise to an unjust consumer lease |
221 | Section 179K | To order or refuse to order a postponement or to stay enforcement proceedings until an application for postponement has been heard |
222 | Section 179Q | To order a person who has possession of goods hired under a consumer lease to deliver the goods to the lessor or to make orders varying the place at which, or time or period within which, the goods must be delivered to the lessor |
223 | Subsection 179R(3) | To determine the amount of enforcement expenses that may be recovered by a lessor |
(1) The powers of the Court mentioned in items 23 and 29 of Table 1 may be exercised only by an approved Registrar and only when dealing with a claim mentioned in section 548 of the Fair Work Act.
(2) The powers of the Court mentioned in items 194 and 198 to 223 of Table 1 may be exercised only by an approved Registrar and only when dealing with an application for an order mentioned in subsection 199(2) of the National Consumer Credit Protection Act.
Note: See rules 25.14, 32.07 and 32.14.
This Schedule applies to work done or services performed on or after 1 September 2025.
1 | Initiating or opposing an application up to the completion of the first court date | Both: (a) $3,645.89; and
|
2 | Initiating or opposing an application which includes interlocutory orders (other than procedural orders) up to the completion of the first court date | Both: (a) $4,562.29; and
|
3 | Interlocutory or summary hearing—as a discrete event
| Both: (a) $2,275.34; and
|
4 | Dispute resolution litigation intervention | $3,823.14 |
5 | Preparation for final hearing—one day matter | $8,197.74 |
6 | Preparation for final hearing—2 day matter | $12,319.79 |
7 | Preparation for final hearing—each additional hearing day after the second hearing day | $2,591.63 |
8 | Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders | Both: (a) $371.89; and
|
9 | Daily hearing fee | (a) for a short mention—$371.89; or (b) for a half day hearing—$1,364.75; or (c) for a full day hearing—$2,730.66 |
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, including counsel’s fees, to the extent that they have been reasonably incurred | The amount of the fees and payments |
12 | Disbursements—photocopying for each page | $0.94 |
13 | Agents’ fees and travelling costs Note: For 2 or more hours travel. | $768.10 |
1 | A proceeding concluded:
(b) before directions are given under rule 25.10 | $1,821.21 |
2 | A proceeding concluded:
(b) at or before an interlocutory hearing | $4,553.02 |
3 | A proceeding concluded at a final hearing | $9,097.93 |
1 | A proceeding in which the notice of discontinuance is filed and served within 30 days after the application was filed | $905.96 |
2 | A proceeding in which the notice of discontinuance is filed and served:
| $2,270.72 |
3 | A proceeding in which the notice of discontinuance is filed and served:
(b) at least 15 days before the final hearing | $4,553.02 |
4 | Any other case | $6,368.43 |
Repeal the Rules.
0
0
0