Federal Court Amendment Rules 1999 (No 7) (Cth)

Federal Court Amendment Rules 1999 (No. 7)

Statutory Rules 1999 No. 296

We, Judges of the Federal Court of Australia, make the following Rules of Court under the Federal Court of Australia Act 1976.

Dated 30 November 1999.

M.E.J. BLACK C.J.

J.F. GALLOP J.

B.A. BEAUMONT J.

M.R. WILCOX J.

J.E.J. SPENDER J.

P.R.A. GRAY J.

J.A. MILES J.

D.M. RYAN J.

R.S. FRENCH J.

M.c. lee j.

H.W. OLNEY J.

J.W. von DOUSSA J.

D.G. HILL J.

M.F. O’LOUGHLIN J.

T.J. HIGGINS J.

P.C. HEEREY J.

D.P. DRUMMOND J.

R.E. COOPER J.

A.P. WHITLAM J.

C.J.S.M. CARR J.

M.F. MOORE J.

C.M. BRANSON J.

J.H. MATHEWS J.

K.E. LINDGREN J.

B.J.M. TAMBERLIN J.

R. SACKVILLE J.

S.M. KIEFEL J.

P.D. FINN J.

R.A. SUNDBERG J.

S.R. MARSHALL J.

A.M. NORTH J.

R. MERKEL J.

J.R. MANSFIELD J.

A.H. GOLDBERG J.

A.R. EMMETT J.

R.A. FINKELSTEIN J.

M.S. WEINBERG J.

J.A. DOWSETT J.

L.S. KATZ J.

P.G. HELY J.

S.C. KENNY J.

R.V. GYLES J.

Judges of the Federal

Court of Australia

W.G. SODEN

Registrar

Federal Court Amendment Rules 1999 (No. 7)1

Statutory Rules 1999 No. 2962

made under the

Federal Court of Australia Act 1976

   

Contents

Page

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1Name of Rules

 These Rules are the Federal Court Amendment Rules 1999 (No. 7).

2Commencement

These Rules commence on the date of commencement of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999.

3Amendment of Federal Court Rules

Schedule 1 amends the Federal Court Rules.

Schedule 1Amendments

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(rule 3)

[1]After Order 80

insert

Order 81Human rights proceedings

1Citation

 This Order may be cited as the Human Rights Rules.

2Definitions for Order 81

In this Order:

Commission means the Human Rights and Equal Opportunity Commission.

Human Rights Act means the Human Rights and Equal Opportunity Commission Act 1986.

3Expressions used in the Human Rights Act

 Unless the contrary intention appears, an expression used in this Order and in the Human Rights Act has the same meaning in this Order as it has in the Human Rights Act.

Note See the definitions ofaffected person, alleged unlawful discrimination,complaint and unlawful discrimination in subsection 3 (1) of the Human Rights Act, and the definition of special‑purpose Commissioner in subsection 46PV (3) of that Act.

4Application of Order 81

• (1)

  This Order applies to a proceeding in the Court alleging unlawful discrimination.

Note   Under section 46PO of the Human Rights Act, an affected person may apply to the Court for an order in relation to a complaint alleging unlawful discrimination if the complaint has been terminated by the President of the Commission.

• (2)

  The other Orders of these Rules apply, so far as they are relevant and not inconsistent with this Order, to a proceeding in the Court alleging unlawful discrimination.

5Commencement of proceeding — Form 167

• (1)

  A proceeding alleging unlawful discrimination must be commenced by filing an application in accordance with Form 167.

Note See section 33C of theFederal Court of Australia Act 1976 and Order 6, rule 2 in relation to representative proceedings and joinder of parties.

• (2)

  The application must be accompanied by an affidavit in support of the application.

6Copy of application to be given to Commission

 At least 5 days before the date fixed for the directions hearing for the application, the applicant must give the Commission:

• (a)

  a stamped copy of the application, showing the date, time and place of the directions hearing; and

• (b)

  a copy of the supporting affidavit.

7Defence to an application — Form 168

• (1)

  A defence to an application must be in accordance with Form 168.

• (2)

  The defence must be accompanied by an affidavit in support of the grounds of defence.

Note   See Order 11, rule 20 in relation to the time in which a defence to an application must be filed.

8Appearance by special-purpose Commissioner

 If the Court grants leave to a special-purpose Commissioner to assist the Court in a proceeding alleging unlawful discrimination, the special-purpose Commissioner must:

• (a)

  file a notice of appearance in accordance with Order 9, rule 3; and

• (b)

  serve a stamped copy of the notice on each party to the proceeding in accordance with Order 9, rule 5.

9Conduct of proceeding by tutor

 Order 43, subrule 5 (2) (which provides that a tutor must act by a solicitor) does not apply to a proceeding alleging unlawful discrimination.

[2]Schedule 1, after Form 166

insert

Form 167Application under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination

(Order 81, rule 5)

Application alleging unlawful discrimination

Human Rights and Equal Opportunity Commission Act 1986, section 46PO

Details of applicant(s)
1 Full name(s)	q Mrq Mrsq Ms Family name: Given names: Attach extra page for any additional applicants
2 Home or contact address	Postcode:
3 Telephone No.  Fax No.	Business hours: (     ) After hours: (     ) (     )
4 Are you more than 18 years old?	q Yes q No
5 If you are an individual, what is your first language?  Do you need an interpreter?	This includes languages such as Sign and Auslan. q Yes q No If yes, please state language or type:
6 Do you have any special requirements?	Please give details of any special requirements (eg wheelchair access, hearing loop, presence of personal assistant or carer) to enable this matter to proceed in Court
Details of respondent(s)
7 Against whom are you bringing this application?	Name of person: Address:  Postcode: Phone: (     ) Fax: (     ) Name of organisation: Address:  Postcode: Phone: (     ) Fax: (     ) Attach extra page for any additional respondents
8 What is your relationship to the person or organisation in question 7?	q Employee of person/organisation q Former employee of person/organisation q Co-employee q Customer of person/organisation q Other (please specify)
Representation
9 Are you represented by a lawyer, or will you seek to be represented by someone else (eg a union official) who is not a lawyer?	q No Go to question 10 q Yes Representative’s name: Name of firm or organisation: Address:  Postcode: DX: Phone: (     ) Fax: (     ) Go to question 11
10 Have you applied for legal aid?	q No q Yes
Relevant legislation and affidavit
11 Under what Act is the action you are complaining of unlawful?	q the Disability Discrimination Act 1992 q the Racial Discrimination Act 1975 q the Sex Discrimination Act 1984 Please state all sections of the Act that are relevant to this application.
12 Affidavit	You must attach an affidavit that complies with Order 14 of the Federal Court Rules stating the facts in support of this application. (The affidavit must be in accordance with Form 20 of the First Schedule to the Federal Court Rules and must be sworn before a solicitor or justice of the peace.)
Remedy sought
13 What remedy are you asking the Court for?	q Apology from respondent q Compensation  Please give details on an attached sheet of how much compensation you are claiming and how the amount has been calculated (eg loss of income). q Other  Please give details on an attached sheet
Interlocutory remedy
14 If you are asking the Court for an interlocutory remedy, what interlocutory remedy are you asking for?	You must complete this section if you are seeking a temporary remedy until the case can be finalised or the Court makes some other order. I am seeking by way of interlocutory relief: (specify all interlocutory relief sought) Attach an extra page if necessary
Extension of time
15 Do you need an extension of time?	You must complete this section if this application is made more than 28 days after you received written notice of the termination of the complaint by the President of the Human Rights and Equal Opportunity Commission. I am seeking an extension of time to lodge this application because (give reasons). Attach an extra page if necessary
Notices from the Court
16 Where do you want notices from the Court sent?	q To the address in question 2 q To the representative in question 9 q Other (give details)

Required documents
17 You must attach these documents	q A copy of your original complaint to the Human Rights and Equal Opportunity Commission (if available) q The notice of termination of complaint given by the President of the Human Rights and Equal Opportunity Commission q The affidavit mentioned in item 12
Report of the President of the Commission
18 Is a report being prepared by the President of the Human Rights and Equal Opportunity Commission?	q Yes q No q Do not know

TO the respondent of (insert address):

This application has been set down for the time and place stated below. If you or your legal representative do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after that time as the business of the Court allows, any of the following may happen:

• (a)

  the application may be heard;

• (b)

  directions may be given for the further conduct of the proceeding;

• (c)

  any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date for hearing: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

Prepared and filed by:

Name: (please print)

Signature:

Date:

Form 168Defence to application under the Human Rights and Equal Opportunity Commission Act 1986 alleging unlawful discrimination

(Order 81, rule 7)

Defence to application alleging unlawful discrimination

Human Rights and Equal Opportunity Commission Act 1986, section 46PO

Details of applicant(s)
1 Full name of person(s) bringing application against you	Family name: Given names: Attach extra page for any additional applicants

Details of respondent(s)
2 Full name of person(s) or organisation	q Mrq Mrs q Ms Family name: Given names: Name of organisation: Attach extra page for any additional respondents
3 Home or contact address  Telephone No.  Fax No.	Postcode: Business hours: (     ) After hours: (     ) (     )
4 Who is the contact person in your organisation (if applicable)?	Family name: Given names: Phone: (     ) Fax: (     )
5 If you are an individual, what is your first language?  Do you need an interpreter?	This includes languages such as Sign and Auslan. q Yes q No If yes, please state language or type:
6 Do you have any special requirements?	Please give details of any special requirements (eg wheelchair access, hearing loop, presence of personal assistant or carer) to enable this matter to proceed in Court
Representation
7 Are you represented by a lawyer, or will you seek to be represented by someone else (eg a union official) who is not a lawyer?	q No Go to question 8 q Yes Representative’s name: Name of firm or organisation: Address:  Postcode: DX: Phone: (     ) Fax: (     ) Go to question 9
8 Have you applied for legal aid?	q No q Yes
Notices from the Court
9 Where do you want notices from the Court sent?	q To the address in question 3 q To the representative in question 7 q Other (give details)

Affidavit
10 Affidavit	You must attach an affidavit that complies with Order 14 stating the facts in support of your defence. (The affidavit must be in accordance with Form 20 of the First Schedule to the Federal Court Rules and must be sworn before a solicitor or justice of the peace.)
Prepared and filed by: Name: (please print) Signature: Date:

Notes

1. These Rules amend Statutory Rules 1979 No. 140, as amended by 1980 No. 87; 1982 Nos. 217 and 408; 1983 No. 264; 1984 Nos. 9 and 258; 1985 Nos. 16, 97, 168 and 227; 1986 Nos. 61, 157 and 324; 1987 Nos. 73, 174 and 197; 1988 Nos. 14, 54, 144, 217 and 306; 1989 Nos. 50, 253 and 318; 1990 Nos. 72, 102, 276, 319, 414 and 453; 1991 Nos. 70, 249, 395 and 461; 1992 Nos. 43, 44, 86, 87, 186, 330, 421 and 453; 1993 No. 40, 45, 137. 225 and 290; 1994 Nos. 63, 130, 224, 279, 332 and 463; 1995 Nos. 31, 46, 239 and 449; 1996 Nos. 29 and 308; 1997 Nos. 82, 87, 143, 174, 204, 277 and 425; 1998 Nos. 224, 297 and 323; 1999 Nos. 15, 70, 94, 194, 232 and 295.

2. Notified in the Commonwealth of Australia Gazette on

3 December 1999.