Federal Court Amendment Rules 2000 (No 1) (Cth)

Federal Court Amendment Rules 2000 (No. 1)

Statutory Rules 2000 No. 53

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

Dated 14 April 2000

M.E.J. BLACK C.J.

J.F. GALLOP J.

B.A. BEAUMONT J.

M.R. WILCOX J.

J.E.J. SPENDER J.

J.A. MILES J.

D.M. RYAN J.

R.S. FRENCH J.

M.R. EINFELD J.

M.c. lee j.

J.W. von DOUSSA J.

D.G. HILL J.

M.F. O’LOUGHLIN J.

D.F. O’CONNOR 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.

S.M. KIEFEL J.

R.D. NICHOLSON J.

P.D. FINN J.

R.A. SUNDBERG J.

J.R.F. LEHANE J.

A.M. NORTH J.

R.N. MADGWICK 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.

R.V. GYLES J.

Judges of the Federal

Court of Australia

W.G. SODEN

Registrar

Federal Court Amendment Rules 2000 (No. 1)1

Statutory Rules 2000 No. 532

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 2000 (No. 1).

2Commencement

 These Rules commence on gazettal.

3Amendment of Federal Court Rules

Schedule 1 amends the Federal Court Rules.

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(rule 3)

[1]Order 4, subrule 6 (1)

omit

affidavit or a statement of claim,

insert

affidavit in accordance with Form 20, or a statement of claim in accordance with Form 7,

[2]Order 4, after subrule 6 (1)

insert

• (1A)

  However, an applicant seeking to rely on an allegation of fraud, misrepresentation, breach of trust, wilful default or undue influence must file and serve a statement of claim.

[3]Order 5, rule 2, heading

substitute

2Cross-claim

[4]Order 5, subrule 6 (1)

omit

by notice

insert

by notice in accordance with Form 11

[5]Order 7, paragraph 2 (1) (d)

omit

Industrial Relations Act 1988

insert

Workplace Relations Act 1996

[6]Order 7, subrule 7 (1)

omit

notice authorizing service

insert

notice, in accordance with Form 12, authorising service

[7]Order 11, subrule 20 (1)

omit

the defence shall

insert

a defence in accordance with Form 16 must

[8]Order 11, rule 22, heading

substitute

22Reply — Forms 17 and 18

[9]Order 11, subrule 22 (1)

omit

shall file and serve the reply

insert

must file and serve the reply, in accordance with Form 17,

[10]Order 11, subrule 22 (2)

omit

he shall put them in one document.

insert

both must be put in one document, in accordance with Form 18.

[11]Order 13, paragraph 8 (1) (a)

omit

a notice

insert

a notice, in accordance with Form 19,

[12]Order 14, subrule 2 (1)

omit

shall be made

insert

must be in accordance with Form 20 and made

[13]Order 15, rule 1

omit

notice of discovery

insert

notice for discovery, in accordance with Form 21,

[14]Order 16, subrule 6 (1)

omit

shall, unless the Court otherwise orders, conform

insert

must, unless the Court otherwise orders, be in accordance with Form 24 and conform

[15]Order 16, subrule 7 (1)

omit

may be made as follows:

insert

must be in accordance with Form 24, and may be made:

[16]Order 18, subrule 2 (1)

omit

by notice

insert

by notice in accordance with Form 25

[17]Order 18, subrule 2 (2)

omit

notice disputing

insert

notice in accordance with Form 26 disputing

[18]Order 19, subrule 2 (1)

omit

notice of the motion

insert

notice of the motion in accordance with Form 27

[19]Order 22, rule 1

omit

the appearance

insert

the appearance, by notice in accordance with Form 28,

[20]Order 22, subrule 2 (1)

omit

any claim for relief made by him:

insert

any claim for relief, by notice in accordance with Form 29:

[21]Order 22, subrule 4 (1)

omit

matter at any time.

insert

matter, at any time, by notice in accordance with Form 30.

[22]Order 24, rule 1

omit

The Court may,

insert

(1) The Court may,

[23]Order 24, rule 1

insert

(2) Drafts of the orders must be lodged:

• (a)

  for examination — in accordance with Form 37; and

• (b)

  for appointment of an examiner — in accordance with Form 38; and

• (c)

  for a letter of request — in accordance with Form 39.

[24]Order 26, subrule 3 (2)

omit

in accordance with this rule.

insert

in accordance with Form 40.

[25]Order 33, subrule 12 (1)

omit

notice requiring

insert

notice, in accordance with Form 45, requiring

[26]Order 36, rule 1

omit

shall lodge a draft of the order

insert

must lodge a draft of the order, in accordance with Form 47,

[27]Order 37, rule 9

omit

the Court

insert

the Court, in accordance with Form 49,

[28]Order 40, rule 9

omit

issue a warrant

insert

issue a warrant, in accordance with Form 48,

[29]Order 40, rule 11

omit

shall be addressed to the Sheriff

insert

must be in accordance with Form 48 and addressed to the Sheriff,

[30]Order 41, subrule 1 (3)

substitute

• (3)

  A document in a proceeding in which there is no respondent must be headed in accordance with Form 3.

[31]Order 41, subrule 1 (4)

omit

document may bear

insert

document may be headed in accordance with Form 2, using

[32]Order 41, rule 6

omit

shall be signed

insert

must be concluded in accordance with Form 4 and signed

[33]Order 44, subrule 4 (1)

omit

notice of his claim

insert

notice of his or her claim, in accordance with Form 50,

[34]Order 46, subrule 5 (2A)

omit

for the purpose of preparing appeal papers

[35]Order 46, paragraph 6 (2) (g)

omit

[36]Order 46, paragraph 6 (3) (i)

omit

transcript of a proceeding,

[37]Order 52, after rule 38

insert

38AAbsence of party

• (1)

  If a party is absent when an appeal is called on for hearing, the Court may:

  • (a)

    order that the hearing not proceed unless the appeal is again set down for hearing or such other steps are taken as the Court directs; or

  • (b)

    adjourn the hearing; or

  • (c)

    if the absent party is an appellant or cross-appellant, dismiss the appeal or cross-appeal; or

  • (d)

    proceed with the hearing, either generally or in relation to any claim for relief in the appeal.

• (2)

  If the hearing proceeds in the absence of the party and an order is made, the Court may, on motion by that party:

  • (a)

    set aside or vary the order; and

  • (b)

    give directions for the further conduct of the appeal.

[38]Order 54, rule 4

omit

objection to competency

insert

objection to competency, in accordance with Form 57,

[39]Order 58, rule 6

substitute

6Provision of documents by Commissioner

 Not later than 14 days after being served with a notice of appeal, the Commissioner must:

• (a)

  file in the appropriate Registry the documents (or certified copies of those documents) necessary for the hearing that are in the Commissioner’s possession, and a list of the documents; and

• (b)

  give the parties to the appeal notice in writing of the documents filed.

[40]Order 73, rule 6

omit

An opt out notice

insert

• (1)

  An opt out notice

[41]Order 73, rule 6

insert

• (2)

  The heading of the notice must state:

  • (a)

    the names of the parties to the proceeding; and

  • (b)

    the serial number of the proceeding; and

  • (c)

    the District Registry where the notice is filed.

[42]Order 78, after subrule 12 (2)

insert

• (3)

  Unless the Court otherwise directs:

  • (a)

    each State and Territory having jurisdiction over the area to which the main application relates must be joined as a respondent to the application; and

  • (b)

    the Commonwealth may be joined as a respondent to the application.

[43]Schedule 1, Form 43, subparagraph (c) (ii)

substitute

• (ii)

  if, as an officer of a bank, you are required by this subpoena to produce a banker’s book (including a ledger, day-book, cash book, account book or other accounting record used in the ordinary business of the bank), you need not produce it if you produce proof of the relevant entries in accordance with section 48 of the Evidence Act 1995; and

[44]Schedule 1, Forms 142 and 143

omit

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, 295, 296 and 360.

2. Notified in the Commonwealth of Australia Gazette on 20 April 2000.