Federal Circuit Court Rules 2001 (Cth)

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

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

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

Modifications

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

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1All proceedingsPart 1Introduction 1.01Name of Rules

These Rules are the Federal Circuit Court Rules 2001.

1.02AAuthority

These Rules are made under the Federal Circuit Court of Australia Act 1999.

1.03Objects

(1)
The object of these Rules is to assist the just, efficient and economical resolution of proceedings.
(2)
In accordance with the objects of the Act, the Rules aim to help the Court:
•
to operate as informally as possible
•
to use streamlined processes
•
to encourage the use of appropriate dispute resolution procedures.
(3)
The Court will apply the Rules in accordance with their objects.
(4)
To assist the Court, the parties must:
•
avoid undue delay, expense and technicality
•
consider options for primary dispute resolution as early as possible.
(5)
If appropriate, the Court will help to implement primary dispute resolution.

1.04Dictionary

The dictionary defines terms used in these Rules.

1.05Application

(1)
It is intended that the practice and procedure of the Court be governed principally by these Rules.
(2)
However, if in a particular case 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 2016, in whole or in part and modified or dispensed with, as necessary.
(3)
Without limiting subrule (2):
(a)
the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and
(b)
the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, apply, with necessary changes, to general federal law proceedings.
Note: These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters: see subsection 81(2) of the Act.

General outline:
·
Chapter 1 applies to all proceedings
·
Chapter 2 applies to family law and child support proceedings
·
Chapter 3 applies to all proceedings other than family law and child support proceedings
·
Chapter 5 applies to proceedings under the Australian Human Rights Commission Act 1986
·
Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975.

1.06Court may dispense with rules

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

1.07Applications for orders about procedures

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

Part 2DocumentsDivision 2.1General2.01Requirements for documents

(1)
A document (other than a form) to be filed must:
(a)
be set out on 1 side only of size A4 durable white paper of good quality; and
(b)
be legible and without erasures, blotting out or material disfigurement; and
(c)
have a margin at the left side of at least 30 mm; and
(d)
have clear margins of at least 10 mm on the top, bottom and right sides; and
(e)
be written in English; and
(f)
be:
(i)
printed in a font of not less than 12 points; or
(ii)
hand‑printed clearly in ink in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar; and
(g)
have a space of not less than 8 mm between the lines of printing.
(1A)
However, unless the Court otherwise orders, strict compliance with subrule (1) is not required if the document:
(a)
is readable, including when it is bound; and
(b)
can be easily scanned and photocopied.
(2)
This rule does not apply to a document annexed to an affidavit.
Note: The Court may give directions limiting the length of documents to be filed: see section 51 of the Act.

2.02Document must have distinctive number

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

2.03Document to be signed

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

2.04Forms

(1A)
The Chief Judge may approve a form for a provision of these Rules.
(1B)
A reference in these Rules to the Notice of Child Abuse, Family Violence or Risk is a reference to the form in Schedule 2, with any variations that are necessary or as the Chief Judge directs.
(1)
Unless the Court otherwise orders, strict compliance with forms is not required and substantial compliance is sufficient.
(2)
A document prepared in the form prescribed for a similar purpose for the Family Court or the Federal Court may be taken to substantially comply with the appropriate form for a proceeding.
(3)
However, unless otherwise provided in these Rules, a document to be filed in a proceeding must be headed:
FEDERAL CIRCUIT COURT OF AUSTRALIA
At (Registry).

Division 2.2Filing documents2.05How documents may be filed

(1)
A document may be filed by:
(a)
delivering it to the registry; or
(b)
sending it to the registry by post; or
(c)
fax or electronic communication, as permitted by this Division.
Note: The Federal Court and Federal Circuit Court Regulation 2012 and the Family Law (Fees) Regulation 2012 provide that a document may not be filed in a registry of the Court unless the fee payable for the filing has been paid. Both regulations also provide for an exemption or deferral of a fee, or payment of the fee on invoice, in certain circumstances.
(1A)
However, a document may not be filed by electronic communication if the document (including an attachment) is over 100 pages long.
(2)
A document is filed when it is accepted for filing by a Registrar and sealed with the seal of the Court or marked with a Court stamp, as required by Division 2.4.
Note: For the design, custody and affixation of the seal and validity of stamps: see sections 47 and 48 of the Act.
(3)
However, a document sent by fax or electronic communication, if accepted, is taken to have been filed:
(a)
if the whole document is received by 4.30 pm on a day the Registry is open for business—on that day; and
(b)
in any other case—on the next day the Registry is open for business.
Note: Because of the Court’s computer security firewall, there may be a delay between the time a document is sent by electronic communication and the time the document is filed.

2.06Registrar may refuse to accept document

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

2.07Filing by fax

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

2.07AFiling by electronic communication

(1)
An authorised Registrar:
(a)
may approve the formats for electronic versions of documents that will be accepted by a Registry; and
(b)
may approve at least one email address for any Registry for the purpose of receiving documents by electronic communication.
(2)
A document sent to a Registry for filing by electronic communication must:
(a)
be sent using the Commonwealth Courts Portal at and
(b)
be in an electronic format approved for the Registry; and
(c)
be in a form that complies with rule 2.04; and
(d)
be able to be printed with the content, and in the form, created.
(3)
An affidavit may be filed by electronic communication only by sending an image of the affidavit as required by subrule (2).
(4)
If the document is in an existing proceeding, it must be sent to the Registry that is the appropriate place for the proceeding by using:
(a)
the Court’s Internet home page at or
(b)
the Commonwealth Courts Portal at level="5">2.07BOther requirements for filing by electronic communication
(1)
If a document sent by a person by electronic communication is required to be signed or stamped, and is accepted at a Registry, a Registrar must:
(a)
for a document that, under these Rules, must be endorsed with a date for hearing—insert a notice of filing and hearing as the first page of the document; and
(b)
for any other document—insert a notice of filing as the first page of the document; and
(c)
make 1 copy of the document (including the notice mentioned in paragraph (a) or (b) (whichever applies)); and
(d)
if the sender requests that the document be held for collection—hold it for collection for 7 days; and
(e)
if the sender does not request that the document be held for collection or, having made a request, does not collect the document within 7 days—return the document by sending it:
(i)
by electronic communication to the email address stated on the cover sheet; or
(ii)
if no email address is stated, to the postal address stated on the cover sheet.
(2)
A notice mentioned in paragraph (1)(a) or (b) is part of the document for the purpose of these Rules.
(3)
The person who sent the document must, as directed by the Court:
(a)
if the document is an image of an affidavit—produce the original of the affidavit; or
(b)
in any other case—produce a paper copy of the document.
(4)
If the Court directs that an original affidavit or a paper copy of a document be produced, the person who sent the document must:
(a)
for an original affidavit—attach a statement to the affidavit stating the following:
(i)
that it is the original of the affidavit sent by electronic communication;
(ii)
the date that the affidavit was sent by electronic communication; or
(b)
in any other case—endorse the first page with a statement that the paper copy is a true copy of the document sent by electronic communication, and the date that the document was sent by electronic communication.
(5)
If a document has been filed electronically and a notice has been inserted as the first page of the document as required by paragraph (1)(a) or (b), the notice is treated as part of the document for the Act and these Rules (including any rules about service of the document).
Division 2.3Custody and inspection of documents2.08Searching records in family law proceedings or child support proceedings
(1)
The following persons may search the court record relating to a family law or child support case, and inspect and copy a document forming part of the court record:
(a)
the Attorney‑General;
(b)
a party, a lawyer for a party, or an independent children’s lawyer, in the case;
(ba)
if the case affects, or may affect, the welfare of a child—a child welfare officer of a State or Territory;
(c)
with the permission of the Court or a Registrar, a person with a proper interest:
(i)
in the case; or
(ii)
in information obtainable from the court record in the case;
(d)
with the permission of the Court or a Registrar, a person researching the court record relating to the case.
(2)
For subrule (1), the parts of the court record that may be searched, inspected and copied are:
(a)
court documents; and
(b)
with the permission of the Court or a Registrar, any other part of the court record.
(2A)
A permission:
(a)
for paragraphs (1)(c) and (d) and (2)(b)—may include conditions, including a requirement for consent from a person, or a person in a class of persons, mentioned in the court record; and
(b)
for paragraph (1)(d)—must specify the research to which it applies.
(3)
In considering whether to give permission under this rule, the Court or a Registrar must consider the following matters:
(a)
the purpose for which access is sought;
(b)
whether the access sought is reasonable for that purpose;
(c)
the need for security of court personnel, parties, children and witnesses;
(d)
any limits or conditions that should be imposed on access to, or use of, the court record.
(5)
In this rule:
court document includes a document filed in a case, but does not include correspondence or a transcript forming part of the court record.
Note 1: Section 121 of the Family Law Act restricts the publication of court proceedings.
Note 2: Access to court records may be affected by the National Security Information (Criminal and Civil Proceedings) Act 2004.
2.08ACustody of documents in general federal law proceedings
(1)
The District Registrar of a District Registry of the Federal Court of Australia is to have custody of, and control over:
(a)
each document filed in the Registry in a general federal law proceeding; and
(b)
the records of the Registry relating to a general federal law proceeding.
(2)
A person may remove a document in a general federal law proceeding from a Registry if:
(a)
a Registrar has given written permission for the removal because it is necessary to transfer the document to another Registry; or
(b)
the Court or a Registrar has given the person leave for the removal.
(3)
If the Court or Registrar permits a person to remove a document from the Registry, the person must comply with any conditions on the removal imposed by the Court or Registrar.
2.08BInspection of documents in general federal law proceedings
(1)
A party may inspect any document in a general federal law proceeding except:
(a)
a document for which a claim of privilege has been made:
(i)
but not decided by the Court; or
(ii)
that the Court has decided is privileged; or
(b)
a document that the Court or a Registrar has ordered be confidential.
(2)
A person who is not a party may inspect the following documents in a general federal law proceeding in the appropriate registry:
(a)
an application starting the proceeding or cross‑claim;
(b)
a response or reply;
(c)
a notice of address for service;
(d)
a pleading or particulars of a pleading or similar document;
(e)
a statement of agreed facts or an agreed statement of facts;
(f)
an application in a case;
(g)
a judgment or an order of the Court;
(h)
a notice of discontinuance;
(i)
a notice of change of lawyer;
(j)
a notice of withdrawal;
(k)
reasons for judgment;
(l)
a transcript of a hearing heard in open court.
(3)
However, a person who is not a party is not entitled to inspect a document if:
(a)
the Court or a Registrar has ordered the document be confidential; or
(b)
the person is not entitled to inspect the document because of a suppression order or non‑publication order by the Court.
Note: For the power of the Court to make a suppression order or non‑publication order, see sections 88F and 88J of the Act.
(4)
A person may apply to the Court or a Registrar for leave to inspect a document that the person is not otherwise entitled to inspect.
(5)
A person may be given a copy of a document, except a copy of the transcript in the proceeding, if the person:
(a)
is entitled to inspect the document; and
(b)
has paid the prescribed fee.
Note 1: For the prescribed fee, see the Federal Court and Federal Circuit Court Regulation 2012.
Note 2: If there is no order that a transcript is confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of a proceeding from the Court’s transcript provider.
Division 2.4Seal and stamp of Court2.09Use of seal of Court
The seal of the Court must be attached to:
(a)
Rules of Court; and
(b)
any other documents the Court or a Judge directs or the law requires.
Note 1: The seal must be attached to all writs, commissions and process issued from the Court: see subsection 49(1) of the Act. It may also be used to enter an order: see rule 16.08.
Note 2: The design of the seal is decided by the Minister and the seal is kept in custody as directed by the Chief Judge: see section 47 of the Act.
2.10Stamp of Court
(1)
The Registrar must keep in his or her custody a stamp designed, as nearly as practicable, to be the same as the design of the seal of the Court.
(2)
The stamp of the Court must be attached to all process filed in the Court and orders entered and to other documents as directed by the Court.
Note: Documents marked with the stamp are as valid and effectual as if sealed with the seal of the Court: see subsection 48(2) of the Act.
2.11Methods of attaching the seal or stamp

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

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

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

3.02Registry hours

(1)
A registry must be open for business when the registry facilities shared by the registry under arrangements made under section 92 of the Act are open for business.
(2)
A registry may be open at other times for urgent business at the direction of a Judge.

Division 3.2Time3.03Meaning of month

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

3.04Calculating time

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

3.05Extension or shortening of time fixed

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

Part 4Starting proceedingsDivision 4.1General rules about starting proceedings4.01Application

(1)
Unless otherwise provided in these Rules, a proceeding must be started by filing an application in accordance with the approved form.
(2)
An application for final orders may include an application for interim or procedural orders.
(3)
A person may not file an application for an interim or procedural order unless:
(a)
an application for a final order has been made in the proceeding; or
(b)
the application includes an application for a final order.
(4)
If a person makes an application in a case before final orders have been made in a proceeding, the application must be made in accordance with rule 4.08.
Note: An application for a parenting order must be accompanied by a Notice of Child Abuse, Family Violence or Risk: see rule 22A.02.

4.02Content of application

An application must precisely and briefly state the orders sought and (if the application is for a general federal law proceeding) the basis on which the orders are sought.

4.03Response to application

(1)
A respondent to an application who seeks to do any of the following must file a response in accordance with the approved form:
(a)
indicate consent to an order sought by the applicant;
(b)
ask the Court to make another order;
(c)
ask the Court to dismiss the application;
(d)
seek orders in a matter other than the matter set out in the application;
(e)
make a cross‑claim against the applicant, or another party.
(2)
A response must precisely and briefly state any orders sought and (if the proceeding is a general federal law proceeding) the basis on which the orders are sought.
(3)
A response must be filed and served within 28 days of service of the application to which it relates.
Note: A response to an application for a parenting order, or a response seeking a parenting order, must be accompanied by a Notice of Child Abuse, Family Violence or Risk: see rule 22A.02.

4.05Affidavit to be filed with application or response

(1)
A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts relied on.
(2)
However, an affidavit is not required:
(a)
in an application for interim or procedural orders—if the evidence relied on is in an affidavit or affidavits filed in the pending proceeding; or
(b)
in a proceeding that is not a child support proceeding or family law proceeding—if the person filing an application files a statement of claim or points of claim; or
(c)
in an application filed in the Fair Work Division in accordance with rule 45.04, 45.06, 45.07, 45.08, 45.09A or 45.12; or
(d)
in an application filed in accordance with rule 46.3.
(3)
If a statement of claim or points of claim are filed under paragraph (2)(b), a respondent:
(a)
must file a defence or points of defence instead of an affidavit; and
(b)
may file a cross‑claim.
Note: Subsection 43(2) of the Act provides for the Rules of Court made under the Family Law Act and Federal Court of Australia Act 1976 to apply, with necessary modifications, to the practice and procedure of the Court for particular jurisdictions of the Court if the Rules are insufficient. Those Rules may be used to direct how pleadings are to be dealt with in the Court, if subrules 4.05(2) and (3) apply.

4.07Reply in certain circumstances

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

4.08Application in a case

(1)
An application in a case must be made in accordance with the approved form.
(2)
In addition to the requirements in rule 4.05, the application must state:
(a)
the name and address of the person making the application in a case; and
(b)
the names and addresses for service of all persons affected by the order which is sought; and
(c)
the names and addresses of the parties in the application filed for starting proceedings, as stated in that application.
(3)
The application and supporting affidavit must be served on all persons against whom the order is sought, in accordance with Part 6.

Division 4.2Rules for proceedings if Civil Dispute Resolution Act applies4.09Applicant’s genuine steps statement

(1)
If Part 2 of the Civil Dispute Resolution Act applies to a proceeding, the applicant to the proceedings must, when filing the application mentioned in subrule 4.01(1), file the applicant’s genuine steps statement in accordance with the approved form.
(2)
The applicant’s genuine steps statement must comply with section 6 of the Civil Dispute Resolution Act.
(3)
The applicant’s genuine steps statement must be no more than 2 pages.
Note 1: Civil Dispute Resolution Act is defined in the Dictionary.
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 that the party wants to start.
Note 3: A lawyer must comply with section 9 of the Civil Dispute Resolution Act if that Act applies to the proceeding.

4.10Respondent’s genuine steps statement

(1)
If an applicant has filed a genuine steps statement, the respondent must file the respondent’s genuine steps statement in accordance with the approved form within 14 days of service of the applicant’s application.
(2)
The respondent’s genuine steps statement must comply with section 7 of the Civil Dispute Resolution Act.
(3)
The respondent’s genuine steps statement must be no more than 2 pages.
Note 1: Civil Dispute Resolution Act is defined in the Dictionary.
Note 2: Rule 4.09 requires an applicant in a proceeding to which the Civil Dispute Resolution Act applies to file an applicant’s genuine dispute resolution statement at the same time as the application is filed.

Part 5Urgent applications 5.01Urgent application

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

5.02Form of application

Unless the Court orders otherwise, an urgent application must be made in the form approved for the purpose of starting a proceeding under subrule 4.01(1) or an application in a case under subrule 4.08(1).

5.03Evidence

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

Part 6ServiceDivision 6.1General6.01Address for service

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

6.02Change of address for service

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

6.03Service of documents

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

6.04Court’s discretion in relation to service

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

6.05Affidavit of service

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

Division 6.2Service by hand in particular cases6.06When is service by hand required

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

6.07Service by hand

(1)
A person serving a document by hand on an individual must give a copy of the document to the person to be served.
(2)
However, if the person to be served does not take the copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is.
(3)
In a family law or child support proceeding, the person serving a document must not be the party on whose behalf it is served.

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

(1)
Unless the Court otherwise orders, a person serving a document by hand on a corporation, unincorporated association or organisation must leave a copy of the document with a person apparently an officer of or in the service of the corporation, unincorporated association or organisation:
(a)
for a corporation:
(i)
at the registered office of the corporation; or
(ii)
if there is no registered office, at the principal place of business or the principal office of the corporation; and
(b)
for an unincorporated association—at the principal place of business or the principal office of the association or on an officer holder; and
(c)
for an organisation—at the office of the organisation shown in the copy records of the organisation lodged in the Industrial Registry under section 268 of the Workplace Relations Act 1996.
(2)
Despite subrule (1), service by hand may be effected:
(a)
on a company, as defined in section 9 of the Corporations Act 2001, in any manner permitted by section 109X of that Act; and
(b)
on the liquidator of a company, in the manner permitted by paragraph 109X(1)(c) of that Act; and
(c)
on an administrator of a company, in the manner permitted by paragraph 109X(1)(d) of that Act.

6.09Service of application on unregistered business

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

6.10Service of application on partnership

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

Division 6.3Ordinary service6.11Service other than by hand

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

6.12When service is effected

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

6.13Special requirements for service by fax

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

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

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

6.15Matters to be taken into account

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

6.16Failure to comply with condition

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

Division 6.5Time for service6.17General time limit

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

6.18Time for service of subpoena

A subpoena may not be served more than 3 months after it is issued.

6.19Time for service of applications

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

Part 7AmendmentDivision 7.1General7.01Power to amend

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

7.02Who may be required to make amendment

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

Division 7.2General federal law proceedings7.03Amendment after limitation period

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

Part 8Transfer of proceedings 8.01Change of venue

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

8.02Transfer to Federal Court or Family Court

(1)
The Court may, at the request of a party or of its own motion, transfer a proceeding to the Federal Court or the Family Court.
(2)
Unless the Court otherwise orders, a request for transfer must be made on or before the first court date for the proceeding.
(3)
Unless the Court otherwise orders, the request must be included in a response or made by application supported by an affidavit.
(4)
In addition to the factors required to be considered by the Court under subsections 39(3) and (4) of the Act for transfer of proceedings to the Federal Court or the Family Court, the following factors are relevant:
(a)
whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Court or the Family Court on one or more of the points in issue;
(b)
whether, if the proceeding is transferred, it is likely to be heard and determined at less cost and more convenience to the parties than if the proceeding is not transferred;
(c)
whether the proceeding will be heard earlier in the Court;
(d)
the availability of particular procedures appropriate for the class of proceeding;
(e)
the wishes of the parties.
Note: See subsections 39(3) and (4) of the Act for matters the Court must have regard to in deciding whether to transfer a proceeding to the Federal Court or the Family Court.

8.03Proceeding transferred to Federal Court or Family Court

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

8.04Proceeding transferred from Federal Court or Family Court

A sealed copy of the order of the Federal Court or the Family Court transferring a proceeding or appeal to the Court must, unless the Federal Court or the Family Court otherwise directs, be filed:
(a)
if the order is obtained by a party—by the party; and
(b)
if the order is made by the Federal Court or the Family Court of its own motion—by the applicant in the proceeding.

8.05Proceeding transferred from Federal Court or Family Court

If a proceeding or appeal is transferred to the Court from the Federal Court or the Family Court, the Registrar must give it a distinctive number and, unless impractical to do so, allocate a first court date within 14 days of the transfer.

Part 9Lawyers 9.01Change between acting in person and by lawyer

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

9.02Change of lawyer

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

9.03Withdrawal as lawyer

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

9.04Corporation must be represented

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

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

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

10.02Adjournment of first court date

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

10.03Fixing date for final hearing

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

Division 10.2Dispute Resolution10.04Agreement reached by dispute resolution

If the parties to a proceeding resolve the issues between them following a dispute resolution process, the parties may:
(a)
discontinue the proceeding; or
(b)
ask the Court to make consent orders.
Note 1: For proceedings (other than family law proceedings), parties may be advised to use dispute resolution processes. For the duty of the Court to advise people to use dispute resolution processes, see section 23 of the Act. For the duty of lawyers to advise parties to use dispute resolution processes, see section 24 of the Act. For the duty of designated officers of the Court to advise parties to use dispute resolution processes, see section 25 of the Act. For the duties imposed on the Court and lawyers to provide information about non‑court‑based family services and Court’s processes and services in family law proceedings, see Part IIIA of the Family Law Act.
Note 2: For proceedings (other than family law proceedings), see sections 26, 34 and 35 of the Act, which contain provisions dealing with the Court’s power to refer a matter for conciliation, mediation or arbitration.
Note 3: For family law proceedings, see in particular Parts II, III, IIIA and IIIB of the Family Law Act, which contain provisions dealing with family counselling, family dispute resolution and other processes that apply to the Court in relation to proceedings under that Act.
Note 4: For family counselling and family dispute resolution in family law and child support proceedings, see Part 23.
Note 5: For mediation and arbitration in general federal law proceedings, see Part 27.

10.05Conciliation conference

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

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

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

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

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

11.02Party may include another person as a party

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

11.03Person may apply to be included

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

11.04Party may apply to be removed

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

11.05Court may order notice to be given

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

11.06Intervention by Attorney‑General

If intervening in a proceeding, the Attorney‑General must:
(a)
file a notice setting out the basis or grounds of the intervention and the orders (if any) sought; and
(b)
if the proceeding is under section 58 of the Family Law Act—file an affidavit setting out the facts and matters relied on in support of the intervention; and
(c)
serve a copy of the notice and affidavit (if any) on each other party in the proceeding.

11.07Child to whom state welfare law applies

If, on an application under section 92 of the Family Law Act for leave to intervene in a proceeding in relation to a child to whom subsection 69ZK(1) of that Act applies, the Court does not grant leave, it may adjourn the proceeding and give the Attorney‑General notice of its refusal to grant leave and of the date to which the proceeding is adjourned.

Division 11.2Litigation guardian11.08Person who needs a litigation guardian

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

11.09Starting, continuing, defending or inclusion in proceeding

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

11.10Who may be a litigation guardian

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

11.11Appointment of litigation guardian

(1)
The Court may, at the request of a party or of its own motion, appoint or remove a litigation guardian or substitute another person as litigation guardian in a proceeding in the interests of a person who needs a litigation guardian.
(2)
A person becomes a litigation guardian if he or she consents to the appointment by filing an affidavit of consent in the proceeding.
(3)
The Court may remove a litigation guardian at the request of the litigation guardian.

11.12Manager of the affairs of a party

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

11.13Notice of becoming litigation guardian

A person appointed as the litigation guardian of a party to a proceeding must, as soon as practicable after the appointment, give notice of the appointment to each other party and any independent children’s lawyer in the proceeding.

11.14Costs and expenses of litigation guardian

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

11.15Service

(1)
A document required to be served by hand on a person who needs a litigation guardian must be served:
(a)
on the person’s litigation guardian for the proceeding; or
(b)
if there is no litigation guardian—on a person who is entitled under subrule 11.12(1) to be the person’s litigation guardian for the proceeding; or
(c)
if there is no‑one under paragraph (a) or (b)—on an adult who has the care of the person.
(2)
For paragraph (1)(c), a superintendent or other person in direct charge of a hospital or nursing home is taken to have the care of a person who is a patient in the hospital or nursing home.

Part 12Court referral for legal assistance 12.01Definitions for Part 12

In this Part:
assisted party means a party receiving legal assistance under this Part.
legal assistance means any of the following:
(a)
advice in relation to the proceeding;
(b)
representation at a directions, interlocutory or final hearing or mediation;

(c)
drafting or settling documents to be used in the proceeding;
(d)
representation generally in the conduct of the proceeding.
Pro Bono lawyer means a lawyer who has agreed to accept a referral under rule 12.02 to provide pro bono legal assistance.

12.02Referral for legal assistance

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

12.03A party has no right to apply for a referral

A party is not entitled to apply to the Court for a referral under rule 12.02.

12.04Acceptance of referral certificate and provision of legal assistance

If a lawyer agrees to accept a referral under rule 12.02, the lawyer must provide legal assistance in accordance with the referral certificate.

12.05Ceasing to provide legal assistance

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

Part 13Ending a proceeding earlyDivision 13.1Discontinuance13.01Discontinuance

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

13.02Costs

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

Division 13.1AOrder or judgment on default13.03Definitions

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

13.03AWhen a party is in default

(1)
For rule 13.03B, an applicant is in default if the applicant fails to:
(a)
comply with an order of the Court in the proceeding; or
(b)
file and serve a document required under these Rules; or
(c)
produce a document as required by Part 14; or
(d)
do any act required to be done by these Rules; or
(e)
prosecute the proceeding with due diligence.
(2)
For rule 13.03B, a respondent is in default if the respondent:
(a)
has not satisfied the applicant’s claim; and
(b)
fails to:
(i)
give an address for service before the time for the respondent to give an address has expired; or
(ii)
file a response before the time for the respondent to file a response has expired; or
(iii)
comply with an order of the Court in the proceeding; or
(iv)
file and serve a document required under these Rules; or
(v)
produce a document as required by Part 14; or
(vi)
do any act required to be done by these Rules; or
(vii)
defend the proceeding with due diligence.

13.03BOrders on default

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

13.03CDefault of appearance of a party

(1)
If a party to a proceeding is absent from a hearing (including a first court date), the Court or a Registrar may do 1 or more of the following:
(a)
adjourn the hearing to a specific date or generally;
(b)
order that there is not to be any hearing, unless:
(i)
the proceeding is again set down for hearing; or
(ii)
any other steps that the Court or the Registrar directs are taken;
(c)
if the absent party is an applicant—dismiss the application;
(d)
if the absent party is a party who has made an interlocutory application or a cross‑claim—dismiss the interlocutory application or cross‑claim;
(e)
proceed with the hearing generally or in relation to any claim for relief in the proceeding.
(2)
If a party to a proceeding is absent from a hearing, the Court or a Registrar may also make an order of the kind mentioned in subrule 13.03B(1), (2) or (4), or any other order, or may give any directions, and specify any consequences for non‑compliance with the order, that the Court or the Registrar thinks just.

13.03DCourt’s powers in relation to contempt etc not affected

Nothing in rule 13.03A, 13.03B or 13.03C is intended to limit the Court’s powers in relation to contempt or sanctions for failure to comply with an order.

Division 13.2Consent orders13.04Application for order by consent

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

13.04AConsent parenting orders and allegations of abuse, family violence or other risk factors

(1)
This rule applies if an application is made to the Court for a parenting order by consent in relation to a family law proceeding.
(2)
The parties must advise the Court whether or not any of the following allegations have been made in the proceeding:
(a)
allegations of child abuse or neglect, or a risk of child abuse or neglect;
(b)
allegations of family violence, or a risk of family violence;
(c)
allegations of mental ill‑health that is alleged to adversely impact on parenting capacity;
(d)
allegations of drug or alcohol abuse;
(e)
allegations of serious parental incapacity;
(f)
any other allegation involving a risk to the child.
(2A)
Each party must also advise the Court, apart from any allegations made during the proceedings:
(a)
whether the party considers that the child concerned has been, or is at risk of being, subjected or exposed to abuse, neglect or family violence; and
(b)
whether the party considers that he or she, or another party to the proceedings, has been, or is at risk of being, subjected to family violence.
(3)
If an allegation mentioned in subrule (2) has been made, or a party advises the Court of any concerns mentioned in subrule (2A), the parties must explain to the Court how the parenting order attempts to deal with the allegation.
(4)
If the application for the parenting order will be considered in chambers, the parties must attach to the draft parenting order the approved form signed by each party or their legal representative.

13.05Additional information

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

Division 13.3Summary disposal and stay13.07Disposal by summary judgment

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

13.08Residue of proceeding

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

13.09Application

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

13.10Disposal by summary dismissal

The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that:
(a)
the party prosecuting the proceeding or claim for relief has no reasonable prospect of successfully prosecuting the proceeding or claim; or
(b)
the proceeding or claim for relief is frivolous or vexatious; or
(c)
the proceeding or claim for relief is an abuse of the process of the Court.
Note: For additional powers of the Court in relation to family law proceedings that are frivolous or vexatious, see sections 102QB and 118 of the Family Law Act.

13.11Certificate of vexatious proceedings order

(1)
A person who wants the Chief Executive Officer of the Court to issue a certificate under section 88R of the Act, or section 102QC of the Family Law Act, must make the request in writing and include in the request:
(a)
the applicant’s name and address; and
(b)
the person’s interest in making the request.
(2)
The request must be lodged in the Registry in which the vexatious proceedings order was made.
(3)
The certificate will state:
(a)
the name of the person subject to the vexatious proceedings order; and
(b)
if applicable, the name of the person who applied for the vexatious proceedings order; and
(c)
the date on which the vexatious proceedings order was made; and
(d)
the orders made by the Court.

13.11AApplication for leave to institute proceedings

An application under subsection 88T(2) of the Act, or subsection 102QE(2) of the Family Law Act, for leave to institute a proceeding that is subject to a vexatious proceedings order must be made:
(a)
in accordance with the approved form; and
(b)
without notice to any other person.
Note 1: See subsection 88T(2) of the Act, and subsection 102QE(2) of the Family Law Act, for the power for a person who is subject to a vexatious proceedings order to apply to the Court to institute a proceeding.
Note 2: See subsection 88T(3) of the Act, and subsection 102QE(3) of the Family Law Act, for the contents of the affidavit that must be filed with the application.

13.12Dormant proceedings

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

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

(1)
A declaration may be made under subsection 45(1) of the Act to allow interrogatories on the application of a party or on the Court’s own motion.
(2)
If a declaration is made, the Court or a Registrar may make appropriate orders in relation to answers to specific questions, having regard to any relevant Family Law Rules or Federal Court Rules.
Note: Interrogatories are not allowed in relation to a proceeding unless the Court or a Judge declares that it is appropriate in the interests of the administration of justice: see section 45 of the Act.

Division 14.2Obligation to disclose14.02Declaration to allow discovery

(1)
A declaration may be made under subsection 45(1) of the Act to allow discovery on the application of a party or on the Court’s own motion.
Note: Discovery is not allowed in relation to a proceeding unless the Court or a Judge declares that it is appropriate in the interests of the administration of justice: see section 45 of the Act.
(2)
If a declaration is made, the Court or a Registrar may make an order for disclosure:
(a)
generally; or
(b)
in relation to particular classes of documents; or
(c)
in relation to particular issues; or
(d)
by a specified date.

14.03Affidavit of documents

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

14.04Production of documents to Court

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

14.05Claim for privilege

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

14.06Order for particular disclosure

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

14.07Inspection of documents

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

14.08Copies of documents inspected

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

14.09Documents not disclosed or produced

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

14.10Documents referred to in document or affidavit

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

14.11Use of documents

(1)
An order or undertaking, whether express or implied, not to use a document for any purpose other than for the proceeding in which it is disclosed does not apply to the document after it has been read to or by the Court or referred to in open Court in such terms as to disclose its contents.
Note: An implied undertaking arises where documents are produced in the process of discovery: Harman v Secretary of State for the Home Department [1983] 1 AC 280.
(2)
Subrule (1) does not apply to a family law or child support proceeding and is subject to any order of the Court on the application of a party or of a person to whom the document belongs.

Part 15Evidence

am. 2011 No. 133; am. No. 56, 2013
Part 19
r 19.02.......................................	am. 2007 No. 179
Part 20
Part 20 heading...........................	rs. 2003 No. 272
Division 20.1
Division 20.1 heading..................	ad. 2003 No. 272
r 20.00A.....................................	ad No 272, 2003
am No 2, 2006; No 179, 2007; No 10, 2008
rs No 215, 2008
am No 55, 2009; No 133, 2011; No 94, 2012; No 56, 2013
ed C23
am F2020L01219
r 20.00B.....................................	ad. 2004 No. 54
rep. 2007 No. 179
Division 20.2
Division 20.2 heading..................	ad. 2003 No. 272
r 20.01.......................................	am No 272, 2003; No 2, 2006; No 133, 2011; F2020L01219
r 20.02.......................................	am. 2007 No. 179
Part 21
Division 21.1
r 21.01.......................................	am. 2002 No. 80; 2007 No. 179
Division 21.2
r 21.02.......................................	am. 2004 No. 54; 2012 No. 94
r 21.06.......................................	rep. 2002 No. 80
r 21.08.......................................	am. 2002 No. 80
Subdivision 21.3.1 heading..........	rep. 2002 No. 80
Division 21.3
r 21.09.......................................	am. 2002 No. 80; 2003 No. 272; 2004 No. 54
r 21.10.......................................	am. 2002 No. 60; No 2002 No. 80; 2005 No. 263; No 2006 No. 2; 2012; No. 56, 2013; No. 94; F2016L00384
r 21.11.......................................	am. 2002 No. 80; 2003 No. 272; 2004 No. 54
r 21.13.......................................	am. 2009 No. 55
r 21.16.......................................	am. 2003 No. 272; 2005 No. 263; 2012 No. 94
Subdivision 21.3.2.......................	rep. 2002 No. 80
rr 21.17–21.19............................	rep. 2002 No. 80
Chapter 2
Chapter 2 heading.......................	am. 2002 No. 80
Part 22
r 22.01.......................................	rs F2016L00818
Part 22A
Part 22A heading........................	am F2020L01362
Part 22A.....................................	ad No 151, 2014
Division 1
Division 1 heading......................	am F2020L01362
r 22A.01.....................................	ad No 151, 2014
r 22A.02.....................................	ad No 151, 2014
am F2020L01362
r 22A.03.....................................	ad No 151, 2014
am F2020L01362
r 22A.04.....................................	ad No 151, 2014
am F2020L01362
r 22A.05.....................................	ad No 151, 2014
am F2020L01362
r 22A.06.....................................	ad No 151, 2014
am F2020L01362
r 22A.07.....................................	ad No 151, 2014
am F2020L01362
Division 2
r 22A.08.....................................	ad No 151, 2014
Part 23
Part 23 heading...........................	rs. 2007 No. 179
Part 23.......................................	am. 2007 No. 179
Division 23.1
Division 23.1 heading..................	rs. 2007 No. 179
Division 23.1..............................	am. 2004 No. 54
r 23.01A.....................................	ad. 2004 No. 54
am. 2007 No. 179; 2009 No. 55; No 151, 2014
r 23.01.......................................	rs. 2007 No. 179
Division 23.2
Division 23.2..............................	rs. 2007 No. 179
r 23.02.......................................	am. 2002 No. 80
rs. 2007 No. 179
Part 24
r 24.01A.....................................	ad. 2003 No. 272
r 24.02.......................................	rs. 2003 No. 272
am. 2004 No. 54; 2007 No. 179
r 24.03.......................................	am. 2003 No. 272; No 151, 2014
r 24.04.......................................	am. 2003 No. 272
r 24.07.......................................	ad. 2003 No. 272
am. 2009 No. 55
Part 25
Part 25.......................................	am. 2004 No. 54
rs. 2006 No. 2
Division 25.1
r 25.01.......................................	am. 2004 No. 54
rs. 2006 No. 2
am. 2007 No. 179
r 25.02.......................................	rs. 2006 No. 2
r 25.03.......................................	am. 2004 No. 54
rs. 2006 No. 2
am. 2007 No. 179
r 25.04.......................................	rs. 2006 No. 2
am. 2007 No. 179
r 25.05.......................................	am. 2004 No. 54
rs. 2006 No. 2
am. 2007 No. 179; F2017L00982
r 25.06.......................................	am. 2004 No. 54
rs. 2006 No. 2
am F2017L00982
r 25.07.......................................	am. 2004 No. 54
rs. 2006 No. 2
am. 2007 No. 179
Division 25.2
r 25.08.......................................	am. 2004 No. 54
rs. 2006 No. 2
am. 2007 No. 179
r 25.09.......................................	rs. 2006 No. 2
rep. 2007 No. 179
r 25.10.......................................	rs. 2006 No. 2
am. 2007 No. 179
Division 25.3
r 25.11.......................................	rs. 2006 No. 2
am F2017L00982
r 25.12.......................................	rep. 2003 No. 272
ad. 2006 No. 2
am F2017L00982
Division 25.4
r 25.13.......................................	ad. 2006 No. 2
r 25.14.......................................	ad. 2006 No. 2
r 25.15.......................................	ad. 2006 No. 2
Division 25.5
r 25.16.......................................	ad. 2006 No. 2
am. 2007 No. 179
r 25.17.......................................	ad. 2006 No. 2
am. 2007 No. 179
r 25.18.......................................	ad. 2006 No. 2
am F2017L00982
Part 25A
Part 25A.....................................	ad. 2004 No. 54
rs. 2007 No. 179
r 25A.01.....................................	ad. 2004 No. 54
rs. 2007 No. 179
am F2016L00818
r 25A.02.....................................	ad. 2004 No. 54
rs. 2007 No. 179
r 25A.03.....................................	ad. 2004 No. 54
rs. 2007 No. 179; No. 56, 2013
am F2016L00818
r 25A.04.....................................	ad. 2004 No. 54
rs. 2007 No. 179
r 25A.05.....................................	ad. 2004 No. 54
rs. 2007 No. 179
am F2016L00818
r 25A.06.....................................	ad. 2004 No. 54
rs. 2007 No. 179
am F2016L00818
r 25A.07.....................................	ad. 2004 No. 54
rs. 2007 No. 179
am. 2012 No. 94; No. 56, 2013; F2016L00818
r 25A.08.....................................	ad. 2004 No. 54
rs. 2007 No. 179
Part 25B
Part 25B.....................................	ad. 2004 No. 54
Division 25B.1
r 25B.01.....................................	ad. 2004 No. 54
rs. 2006 No. 2
am No 179, 2007; F2017L00982
r 25B.02.....................................	ad. 2004 No. 54
am. 2006 No. 2; 2007 No. 179
r 25B.03.....................................	ad. 2004 No. 54
r 25B.04.....................................	ad. 2004 No. 54
am. 2006 No. 2; 2007 No. 179
Division 25B.2
Division 25B.2............................	rs. 2011 No. 133
Subdivision 25B.2.1
r 25B.05.....................................	ad. 2004 No. 54
am. 2007 No. 179
rs. 2009 No. 55; 2011 No. 133
am No. 56, 2013
r 25B.06.....................................	ad. 2011 No. 133
r 25B.07.....................................	ad. 2011 No. 133
r 25B.08.....................................	ad. 2011 No. 133
am. 2012 No. 94
r 25B.09.....................................	ad. 2011 No. 133
r 25B.10.....................................	ad. 2011 No. 133
am F2016L00818
r 25B.11.....................................	ad. 2011 No. 133
r 25B.12.....................................	ad. 2011 No. 133
r 25B.13.....................................	ad. 2011 No. 133
am. 2012 No. 94
r 25B.14.....................................	ad. 2011 No. 133
am. 2012 No. 94
r 25B.15.....................................	ad. 2011 No. 133
Subdivision 25B.2.2
r 25B.16.....................................	ad. 2011 No. 133
r 25B.17.....................................	ad. 2011 No. 133
am. No. 56, 2013
r 25B.18.....................................	ad. 2011 No. 133
r 25B.19.....................................	ad. 2011 No. 133
r 25B.20.....................................	ad. 2011 No. 133
am No 151, 2014
Subdivision 25B.2.3
r 25B.21.....................................	ad. 2011 No. 133
r 25B.22.....................................	ad. 2011 No. 133
r 25B.23.....................................	ad. 2011 No. 133
r 25B.24.....................................	ad. 2011 No. 133
r 25B.25.....................................	ad. 2011 No. 133
r 25B.26.....................................	ad. 2011 No. 133
r 25B.27.....................................	ad. 2011 No. 133
r 25B.28.....................................	ad. 2011 No. 133
r 25B.29.....................................	ad. 2011 No. 133
r 25B.30.....................................	ad. 2011 No. 133
r 25B.31.....................................	ad. 2011 No. 133
r 24B.32.....................................	ad. 2011 No. 133
r 25B.33.....................................	ad. 2011 No. 133
r 25B.34.....................................	ad. 2011 No. 133
r 25B.35.....................................	ad. 2011 No. 133
r 25B.36.....................................	ad. 2011 No. 133
r 25B.37.....................................	ad. 2011 No. 133
Subdivision 25B.2.4
r 25B.38.....................................	ad. 2011 No. 133
r 25B.39.....................................	ad. 2011 No. 133
r 25B.40.....................................	ad. 2011 No. 133
r 25B.41.....................................	ad. 2011 No. 133
am. No. 56, 2013
r 25B.42.....................................	ad. 2011 No. 133
r 25B.43.....................................	ad. 2011 No. 133
r 25B.44.....................................	ad. 2011 No. 133
r 25B.45.....................................	ad. 2011 No. 133
r 25B.46.....................................	ad. 2011 No. 133
r 25B.47.....................................	ad. 2011 No. 133
r 25B.48.....................................	ad. 2011 No. 133
r 25B.49.....................................	ad. 2011 No. 133
Subdivision 25B.2.5
r 25B.50.....................................	ad. 2011 No. 133
r 25B.51.....................................	ad. 2011 No. 133
r 25B.52.....................................	ad. 2011 No. 133
r 25B.53.....................................	ad. 2011 No. 133
Subdivision 25B.2.6
r 25B.54.....................................	ad. 2011 No. 133
r 25B.55.....................................	ad. 2011 No. 133
r 25B.56.....................................	ad. 2011 No. 133
r 25B.57.....................................	ad. 2011 No. 133
r 25B.58.....................................	ad. 2011 No. 133
r 25B.59.....................................	ad. 2011 No. 133
r 25B.60.....................................	ad. 2011 No. 133
Subdivision 25B.2.7
r 25B.61.....................................	ad. 2011 No. 133
r 25B.62.....................................	ad. 2011 No. 133
r 25B.63.....................................	ad. 2011 No. 133
r 25B.64.....................................	ad. 2011 No. 133
Subdivision 25B.2.8
r 25B.65.....................................	ad. 2011 No. 133
r 25B.66.....................................	ad. 2011 No. 133
r 25B.67.....................................	ad. 2011 No. 133
r 25B.68.....................................	ad. 2011 No. 133
Division 25B.3
r 25B.06.....................................	ad. 2004 No. 54
am. 2007 No. 179
Renumbered r 25B.69...............	2011 No. 133
r 25B.07.....................................	ad. 2004 No. 54
am. 2007 No. 179
Renumbered r 25B.70...............	2011 No. 133
r 25B.08.....................................	ad. 2004 No. 54
Renumbered r 25B.71...............	2011 No. 133
r 25B.09.....................................	ad. 2004 No. 54
Renumbered r 25B.72...............	2011 No. 133
Division 25B.4
r 25B.10.....................................	ad. 2004 No. 54
Renumbered r 25B.73...............	2011 No. 133
r 25B.11.....................................	ad. 2004 No. 54
Renumbered r 25B.74...............	2011 No. 133
r 25B.74.....................................	am. 2011 No. 133
r 25B.12.....................................	ad. 2004 No. 54
Renumbered r 25B.75...............	2011 No. 133
r 25B.13.....................................	ad. 2004 No. 54
Renumbered r 25B.76...............	2011 No. 133
r 25B.14.....................................	ad. 2004 No. 54
Renumbered r 25B.77...............	2011 No. 133
Chapter 3
Chapter 3 heading.......................	am. 2002 No. 80
Part 26
r 26.01.......................................	am. 2002 No. 80
Part 27
Part 27 heading...........................	rs. 2007 No. 179
Division 27.1
r 27.01.......................................	am. 2011 No. 133
r 27.03.......................................	am. 2002 No. 80
Part 28
r 28.05.......................................	am. 2002 No. 80; 2007 No. 179
Part 29
Part 29.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.01.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.02.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.03.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.04.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.05.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.06.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.07.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.08.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.09.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.10.......................................	ad. 2011 No. 133
rs. 2012 No. 94
r 29.11.......................................	ad. 2012 No. 94
r 29.12.......................................	ad. 2012 No. 94
Chapter 4...................................	rep. 2006 No. 2
Part 29.......................................	rep. 2006 No. 2
rr 29.01–29.07............................	rep. 2006 No. 2
r 29.08.......................................	ad. 2002 No. 80
rep. 2006 No. 2
Part 30.......................................	rep. 2006 No. 2
rr 30.01–30.03............................	rep. 2006 No. 2
Part 31.......................................	rep. 2006 No. 2
r 31.01.......................................	rep. 2006 No. 2
r 31.02.......................................	am. 2003 No. 272
rep. 2006 No. 2
rr 31.03–31.10............................	rep. 2006 No. 2
Part 32.......................................	rep. 2006 No. 2
rr 32.01–32.03............................	rep. 2006 No. 2
Part 33.......................................	rep. 2006 No. 2
r 33.01.......................................	rep. 2006 No. 2
Division 33.1..............................	rep. 2006 No. 2
rr 33.02–33.06............................	rep. 2006 No. 2
Division 33.2..............................	rep. 2006 No. 2
rr 33.07–33.14............................	rep. 2006 No. 2
Part 34.......................................	rep. 2006 No. 2
r 34.01.......................................	rep. 2006 No. 2
Part 35.......................................	rep. 2006 No. 2
rr 35.01–35.05............................	rep. 2006 No. 2
Part 36.......................................	rep. 2006 No. 2
rr 36.01–36.02............................	rep. 2006 No. 2
Part 37.......................................	rep. 2006 No. 2
rr 37.01–37.04............................	rep. 2006 No. 2
Part 38.......................................	rep. 2006 No. 2
rr 38.01–38.06............................	rep. 2006 No. 2
Part 39.......................................	rep. 2006 No. 2
Division 39.1..............................	rep. 2006 No. 2
rr 39.01–39.03............................	rep. 2006 No. 2
Division 39.2..............................	rep. 2006 No. 2
rr 39.04–39.05............................	rep. 2006 No. 2
Part 40.......................................	rep. 2006 No. 2
rr 40.01–40.02............................	rep. 2006 No. 2
Chapter 5
Part 41
r 41.02.......................................	am. 2011 No. 133
r 41.02A.....................................	ad. 2006 No. 2
rs. 2007 No. 179
r 41.03.......................................	am. 2007 No. 179
r 41.04.......................................	rs. 2006 No. 2; 2007 No. 179
Chapter 6
Part 42
Part 42.......................................	am. 2005 No. 263
rs. 2012 No. 94
r 42.01.......................................	rs. 2012 No. 94
r 42.02.......................................	rs. 2012 No. 94
r 42.03.......................................	rs. 2012 No. 94
r 42.04.......................................	rs. 2012 No. 94
r 42.05.......................................	ad. 2012 No. 94
r 42.06.......................................	ad. 2012 No. 94
Part 43
Part 43 heading...........................	am. 2005 No. 263; F2016L00818
Part 43.......................................	rs. 2012 No. 94
r 43.01.......................................	rs. 2012 No. 94
am F2016L00818
r 43.02.......................................	am. 2007 No. 179
rs. 2012 No. 94
r 43.03.......................................	rs. 2012 No. 94
r 43.04.......................................	am. 2003 No. 272; 2007 No. 179
rs. 2012 No. 94
r 43.05.......................................	rs. 2012 No. 94
r 43.06.......................................	rs. 2012 No. 94
r 43.07.......................................	ad. 2012 No. 94
Part 44
Part 44.......................................	ad. 2005 No. 263
Division 44.1
r 44.01.......................................	ad. 2005 No. 263
r 44.02.......................................	ad. 2005 No. 263
r 44.03.......................................	ad. 2005 No. 263
Division 44.2
r 44.04.......................................	ad. 2005 No. 263
r 44.05.......................................	ad. 2005 No. 263
am. 2007 No. 179; 2009 No. 55; F2017L00982
r 44.06.......................................	ad. 2005 No. 263
am F2016L00818
rep F2017L00982
Division 44.3
r 44.07.......................................	ad. 2005 No. 263
r 44.08.......................................	ad. 2005 No. 263
r 44.09.......................................	ad. 2005 No. 263
Division 44.4
r 44.10.......................................	ad. 2005 No. 263
r 44.11.......................................	ad. 2005 No. 263
r 44.12.......................................	ad. 2005 No. 263
r 44.13.......................................	ad. 2005 No. 263
r 44.14.......................................	ad. 2005 No. 263
r 44.15.......................................	ad. 2005 No. 263
am. 2012 No. 94; No. 56, 2013; No 151, 2014
rs F2016L00818
Chapter 7
Chapter 7...................................	ad. 2009 No. 160
Part 45
Division 45.1
r 45.01.......................................	ad. 2009 No. 160
am No 151, 2014; F2017L00982
r 45.02.......................................	ad. 2009 No. 160
am No 151, 2014; F2017L00982
r 45.03.......................................	ad. 2009 No. 160
am No 151, 2014; F2017L00982
Division 45.2
r 45.04.......................................	ad. 2009 No. 160
r 45.05.......................................	ad. 2009 No. 160
Division 45.3
r 45.06.......................................	ad. 2009 No. 160
am. No. 56, 2013; No 151, 2014
r 45.07.......................................	ad. 2009 No. 160
am. No. 56, 2013; No 151, 2014
r 45.08.......................................	ad. 2009 No. 160
r 45.09.......................................	ad. 2009 No. 160
Division 45.3A
Division 45.3A...........................	ad F2017L00982
r 45.09A.....................................	ad F2017L00982
Division 45.4
r 45.10.......................................	ad. 2009 No. 160
am. 2011 No. 133
r 45.11.......................................	ad. 2009 No. 160
am. 2011 No. 133
r 45.12.......................................	ad. 2009 No. 160
r 45.13.......................................	ad. 2009 No. 160
am. 2011 No. 133
r 45.13A.....................................	ad. 2011 No. 133
Division 45.4A
Division 45.4A heading...............	rs F2017L00982
Division 45.4A...........................	ad. 2011 No. 133
r 45.13B.....................................	ad. 2011 No. 133
am. No. 56, 2013; F2017L00982

Division 45.5
Division 45.5..............................	rep No 151, 2014
ad F2017L00982
r 45.14.......................................	ad. 2009 No. 160
rep No 151, 2014
ad F2017L00982
Chapter 8
Chapter 8...................................	ad. 2011 No. 133
Part 46
r 46.1.........................................	ad. 2011 No. 133
r 46.2.........................................	ad. 2011 No. 133
r 46.3.........................................	ad. 2011 No. 133
r 46.4.........................................	ad. 2011 No. 133
r 46.5.........................................	ad. 2011 No. 133
Chapter 9
Chapter 9...................................	ad F2017L00982
Part 47
Part 47.......................................	rep end of 1 Dec 2017 (r 47.02)
ad F2020L01362
r 47.01.......................................	ad F2017L00982
rep end of 1 Dec 2017 (r 47.02)
ad F2020L01362
r 47.02.......................................	ad F2017L00982
rep end of 1 Dec 2017 (r 47.02)
ad F2020L01362
r 47.03.......................................	ad F2020L01362
r 47.04.......................................	ad F2020L01362
r 47.05.......................................	ad F2020L01362
r 47.06.......................................	ad F2020L01362
Part 48
Part 48.......................................	ad F2020L01219
r 48.01.......................................	ad F2020L01219
Schedule 1
Schedule 1 heading......................	rs. 2003 No. 272; 2005 No. 263; 2009 No. 55; 2012 No. 94; 2013 No. 56; No 151, 2014; F2016L00818; F2017L00982
Schedule 1..................................	am. 2002 No. 80; 2003 No. 272; 2005 No. 263; 2006 No. 2; 2008 No. 10
rs. 2009 No. 55
am. 2011 No. 133
rs. 2012 No. 94; No. 56, 2013; No 151, 2014; F2016L00818; F2017L00982; F2018L01088
Schedule 2
Schedule 2..................................	am No 80, 2002; No 272, 2003; No 54, 2004; No 263, 2005; No 2, 2006
rep No 179, 2007
ad No 151, 2014
rs F2020L01362
ed C27
Schedule 3
Schedule 3..................................	am. 2003 No. 272; 2004 No. 54; 2006 No. 2; 2007 No. 179; 2009 No. 160; 2011 No. 133; 2012 No. 94
rs. No. 56, 2013
am No 151, 2014; F2017L00982; F2018L01088
Schedule 4..................................	ad. 2003 No. 272
rep. 2006 No. 2
Schedule 5..................................	ad. 2004 No. 54
rs. 2009 No. 55
rep. 2011 No. 133
Dictionary
Dictionary..................................	am No 80, 2002; No 54, 2004; No 2, 2006; No 179, 2007; No 215, 2008; No 55, 2009; No 133, 2011; No 94, 2012; No 56, 2013; No 151, 2014; F2016L00818; F2017L00982; F2020L01362

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Schedule 2 (Notice of Child Abuse, Family Violence or Risk—Question 11)

Kind of editorial change

Changes to grammar, syntax or the use of conjunctives or disjunctives

Details of editorial change

Schedule 1 item 28 of the Federal Circuit Court Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 instructs to repeal and substitute Schedule 2.

Question 11 of the newly inserted Notice of Child Abuse, Family Violence or Risk contains the phrase “the kind of abuse or neglect the child have experienced (or are at risk of experiencing)”.

This compilation was editorially changed to omit “the kind of abuse or neglect the child have experienced (or are at risk of experiencing)” from question 11 of the form in Schedule 2 and substitute “the kind of abuse or neglect the child has experienced (or is at risk of experiencing)” to correct the grammatical errors.

Schedule 2 (Notice of Child Abuse, Family Violence or Risk—Question 25)

Kind of editorial change

Update to a cross‑reference

Details of editorial change

Schedule 1 item 28 of the Federal Circuit Court Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 instructs to repeal and substitute Schedule 2.

Question 25 of the newly inserted Notice of Child Abuse, Family Violence or Risk refers to “this person (named in 24)” instead of “this person (named in 25)”.

This compilation was editorially changed to update the cross‑reference by omitting “(named in 24)” from question 25 of the form in Schedule 2 and substituting “(named in 25)”.