Federal Circuit Court Rules 2001
Statutory Rules No. 195, 2001
made under the
Federal Circuit Court of Australia Act 1999
Compilation No. 27
Compilation date: 31 October 2020
Includes amendments up to: F2020L01362
Registered: 4 November 2020
About this compilation
This compilation
This is a compilation of the Federal Circuit Court Rules 2001 that shows the text of the law as amended and in force on 31 October 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—All proceedings
Part 1—Introduction
1.01 Name of Rules
1.02A Authority
1.03 Objects
1.04 Dictionary
1.05 Application
1.06 Court may dispense with rules
1.07 Applications for orders about procedures
Part 2—Documents
Division 2.1—General
2.01 Requirements for documents
2.02 Document must have distinctive number
2.03 Document to be signed
2.04 Forms
Division 2.2—Filing documents
2.05 How documents may be filed
2.06 Registrar may refuse to accept document
2.07 Filing by fax
2.07A Filing by electronic communication
2.07B Other requirements for filing by electronic communication
Division 2.3—Custody and inspection of documents
2.08 Searching records in family law proceedings or child support proceedings
2.08A Custody of documents in general federal law proceedings
2.08B Inspection of documents in general federal law proceedings
Division 2.4—Seal and stamp of Court
2.09 Use of seal of Court
2.10 Stamp of Court
2.11 Methods of attaching the seal or stamp
Part 3—Sittings, registry hours and time
Division 3.1—Sittings, holidays and registry hours
3.01 Sittings
3.02 Registry hours
Division 3.2—Time
3.03 Meaning of month
3.04 Calculating time
3.05 Extension or shortening of time fixed
Part 4—Starting proceedings
Division 4.1—General rules about starting proceedings
4.01 Application
Overview
The Federal Circuit Court Rules 2001 were enacted to provide a comprehensive set of rules governing the practice and procedure of the Federal Circuit Court of Australia. These rules were established under the Federal Circuit Court of Australia Act 1999 and are intended to assist the Court in operating as informally as possible, using streamlined and efficient processes. The Federal Circuit Court Rules 2001 cover a wide range of procedural matters, including the filing and service of documents, the conduct of hearings, and the enforcement of Court orders. The primary policy objective of these rules is to facilitate the just, efficient, and economical resolution of cases by promoting a less formal and more accessible Court process. These rules are applied by the Federal Circuit Court, with specific provisions also applying to other courts as indicated within the text.
Scope and Application
The Federal Circuit Court Rules 2001 apply to all proceedings before the Federal Circuit Court of Australia, with the exception of bankruptcy proceedings, which are governed by separate rules. The Rules are designed to assist in the just, efficient and economical resolution of matters and are intended to be applied in accordance with the objects of the Federal Circuit Court of Australia Act 1999. In cases where the Rules are insufficient or inappropriate, the Court may apply the Family Law Rules, the Federal Court Rules, or the Federal Court (Criminal Proceedings) Rules, as necessary. Certain powers of the Court may be exercised by Registrars under the Rules, and some Rules may be modified by subordinate legislation. The Rules cover various aspects of proceedings, including the filing and service of documents, the conduct of hearings, the enforcement of orders, and the resolution of disputes through mediation and conciliation. Specific provisions apply to family law and child support proceedings, and to proceedings under the National Consumer Credit Protection Act 2009. The Rules also include provisions for the appointment and removal of litigation guardians, the referral of parties for legal assistance, and the enforcement of financial obligations. The Rules have been subject to numerous amendments over the years, with the most recent amendment being made in 2020.
Key Provisions
- The Federal Circuit Court Rules 2001, which apply to all proceedings, establish procedural requirements and guidelines for the operation of the Court. Key provisions include the use of specific forms and documents, the filing and service of documents, and the conduct of proceedings. For example, documents must be filed in accordance with rule 2.01 and be legible, while applications for proceedings must be made in accordance with rule 4.01. Additionally, the Rules cover areas such as urgent applications, disclosure, evidence, and costs. Parties and lawyers are obligated to adhere to the procedural requirements outlined in the Rules, including the filing and service of documents, and the preparation and presentation of evidence.
- The Rules impose various obligations on parties and entities. For instance, parties must avoid undue delay, expense, and technicality, and consider options for dispute resolution (rule 1.03). They must also file and serve documents within specified timeframes and in the correct format (rules 2.01 to 2.08B). Furthermore, parties must make full disclosure of relevant information, including financial information, and provide necessary documents and affidavits as required (rules 14.01 to 14.11). Lawyers are expected to assist their clients in complying with these obligations and to advise clients on relevant dispute resolution processes.
- Breaches of the Rules may result in civil or criminal consequences. For example, failure to comply with a notice or order to produce a document or attend a hearing may be considered an offence of strict liability, carrying a penalty of 50 penalty units (rule 25B.20). Other consequences may include the dismissal of proceedings, the imposition of costs, or the issuance of warrants for arrest (rules 13.01 to 13.12, 19.01, and 25B.04). Additionally, the Court may refer parties to legal assistance programs if appropriate (rule 12.01).
- Area of Law
- Family Law
- Civil Litigation & Procedure
- Instrument
- Statutory Instrument
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Definitions & Interpretation
- Enforcement Powers
- Reporting & Disclosure Obligations
