Federal Court Amendment Rules 2001 (No 1) (Cth)
Federal Court Amendment Rules 2001 (No. 1) 1
Statutory Rules 2001 No. 20 2
We, Judges of the Federal Court of Australia, make the following Rules of Court under the
Federal Court of Australia Act 1976 .Dated 14 February 2001
M.E.J. BLACK C.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.
M.R. EINFELD J.
M.c. lee j.
H.W. OLNEY 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.
A.P. WHITLAM J.
C.J.S.M. CARR J.
M.F. MOORE J.
K.E. LINDGREN J.
B.J.M. TAMBERLIN J.
R. SACKVILLE J.
S.M. KIEFEL J.
R.D. NICHOLSON J.
P.D. FINN J.
R.A. SUNDBERG J.
S.R. MARSHALL 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.
S.C. KENNY J.
R.V. GYLES J.
R.A. CONTI J.
M.A. STONE J.
Judges of the Federal
Court of Australia
W.G. SODEN
Registrar
These Rules are the
Federal Court Amendment Rules 2001 (No. 1) .
These Rules commence on gazettal.
Schedule 1 amends the Federal Court Rules.
(rule 3)
substitute
(2) However, a document may not be sent:
(a) by facsimile transmission if the document (including any annexure or attachment) is more than 20 pages long; or
(b) by electronic communication if the document (including any attachment) is more than 50 pages long; or
(c) by facsimile transmission or electronic communication if it is an affidavit referred to in Order 77, paragraph 19 (6) (b).
omit stamped.
insert stamped in accordance with Order 46, rule 4.
omit for each Registry must approve at least one facsimile number for the Registry
insert must approve at least one facsimile number for each Registry
omit everything after by
insert sending it:
(i) by facsimile transmission to the facsimile number stated on the cover sheet; or
(ii) if there is no facsimile number stated, to the postal address stated on the cover sheet.
omit give the Registry
insert send, or ask the Registry to make,
substitute
(1) The Registrar:
(a) must approve the formats in which electronic versions of documents 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.
substitute
(a) be sent:
(i) by using the Court’s Internet home page at
htt p :// w ww.fedcourt.gov.au ; or(ii) to an email address approved for the Registry; and
[8] Order 1, subparagraphs 5AC (2) (e) (i) and (ii)
substitute
(i) the sender’s name, postal address and telephone number; and
(ii) if applicable, the sender’s document exchange number, facsimile number and email address; and
(iii) the Registry in which the document is to be filed or, if the document is in an existing proceeding, the Registry which is the proper place for the proceeding; and
(iv) the processing of the document required.
substitute
(3) An affidavit may only be filed by electronic communication by sending an image of the affidavit in accordance with subrule (2).
(4) If the document is in an existing proceeding, it must be sent:
(a) by using the Court’s Internet home page at
or (b) to an email address approved for the Registry which is the proper place for the proceeding.
omit everything after by
insert sending it:
(i) by electronic communication to the email address stated on the cover sheet; or
(ii) if there is no email address stated, to the postal address stated on the cover sheet.
omit give the Registry
insert send, or ask the Registry, to make
omit sign and seal with the seal of the Court
insert sign, and affix the seal of the Court to,
after his
insert or her
substitute
(d) if a person to be served has filed a notice for service at an exchange box of a solicitor under paragraph 7 (1) (a) of this Order — by leaving a copy of the document, addressed to that solicitor, in that exchange box; or
(e) if a person to be served has filed a notice for service by facsimile transmission under paragraph 7 (1) (b) of this Order — by sending the document to the facsimile number specified in the notice; or
(f) if a person to be served has filed a notice for service by electronic communication under paragraph 7 (1) (c) of this Order — by sending the document to the email address specified in the notice.
omit he
insert the person
omit each mention of his
insert the person’s
omit public holidays.
insert public holidays; or
insert
(d) is sent by electronic communication in accordance with paragraph (1) (f) — be one day after the copy is sent.
insert
(4) For paragraphs (3) (b), (c) and (d), mention of a day or days does not include a Saturday, Sunday or a public holiday.
omit solicitor;
insert solicitor; or
omit solicitor.
insert solicitor; or
insert
(d) by sending a copy of the document by facsimile transmission directed to the facsimile number operated at the premises of, or in connection with, the first-named solicitor; or
(e) by sending a copy of the document by electronic communication directed to the email address of the first-named solicitor.
omit left.
insert left; or
insert
(c) is sent by facsimile transmission in accordance with paragraph (1) (d) — be one day after the copy is sent; or
(d) is sent by electronic communication in accordance with paragraph (1) (c) — be one day after the copy is sent.
insert
(3) For paragraphs (2) (b), (c) and (d), mention of a day or days does not include a Saturday, Sunday or a public holiday.
substitute
7 Document exchange, facsimile number or email address — Form 12
substitute
(1) A person may, by filing a notice in accordance with Form 12, or by adding a notice to that effect to the person’s originating process (other than a cross-claim) or notice of appearance, authorise that documents in the proceeding may be served on the person:
(a) if the person’s address for service is the office of a solicitor who uses the facilities of a document exchange — at the solicitor’s document exchange box specified in the notice; or
(b) by sending the documents to the facsimile number specified in the notice; or
(c) by sending the documents by electronic communication to the email address specified in the notice.
(2) A person may:
(a) change the particulars stated in the notice by filing a further notice showing the new particulars; or
(b) cancel the notice by filing a further notice to that effect.
(3) A person who files a notice under subrule (1) (other than a notice added to an originating process or a notice of appearance), a notice of change or notice of cancellation must, on the date of filing, serve the notice on each party to the proceeding.
omit shall seal the documents lodged with the seal of the Court and shall send
insert must affix the seal of the Court to the documents and send
omit everything before paragraph (a), insert The Registrar must affix the seal of the Court to a document to be served and must send the document to the Secretary of the Attorney-General's Department, together with:
substitute
(4) On the filing of the notice of appearance, the Registrar must:
(a) affix the stamp of the Court to the notice and to any copies of the notice; and
(b) write the date when the stamp has been affixed on the notice and on any other copies; and
(c) return the documents to the person entering the appearance.
substitute
(xviii) the taking of evidence and receipt of submissions by video link, or telephone, or electronic communication, or such other means as the Court considers appropriate; and
substitute
(2) The Registrar must affix the stamp of the Court to a subpoena issued under subrule (1).
omit seal
insert affix the stamp of the Court to
substitute
10 Stamping When an order is entered, the Registrar must affix the stamp of the Court to the order.
omit each mention of the number of the facsimile receiver
insert the facsimile number and the email address
omit rule 7,
insert paragraph 7 (1) (a),
omit and his or her telephone number, if any, shall be
insert and, if applicable, his or her telephone number, facsimile number and email address, must be
insert
7 Signature by electronic means If a document (other than an affidavit) is required by these Rules to be signed, that requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means, by, or at the direction of, the signatory.
substitute
(5) A document or a copy of a document to which a stamp has been affixed in accordance with rule 4 is as valid and effectual as if it had been sealed with the seal of the Court.
insert
4A Affixing the seal or stamp of the Court The seal or stamp of the Court may be affixed on a document:
(a) by hand; or
(b) by electronic means; or
(c) in another way.
substitute
(a) sign and affix the stamp of the Court to the application; and
substitute
(c) provide the applicant with a stamped copy of the application and a copy of any supporting documents by:
(i) if the application was presented to the Registry — giving them to the applicant; or
(ii) if the application was sent to the Registry by post or document exchange — sending them to the applicant in accordance with Order 1, subrule 5A (11); or
(iii) if the application was sent to the Registry by facsimile transmission — sending them to the applicant in accordance with Order 1, paragraph 5AB (4) (c); or
(iv) if the application was sent to the Registry by electronic communication — sending them to the applicant in accordance with Order 1, paragraph 5AC (5) (c).
insert
(4A) The Registrar must affix the stamp of the Court to a sufficient number of copies of the notice for service in accordance with subrule (5).
omit residence.
insert residence; or
insert
(e) by sending the document by facsimile transmission directed to the facsimile number operated at, or in connection with, the address nominated in the appropriate document filed under this Order; or
(f) by sending the document by electronic communication directed to the email address nominated in the appropriate document filed under this Order.
substitute
(2) The time of service of a document served under this Order is:
(a) if the document is sent by pre-paid post in accordance with paragraph (1) (c) or (d) — 7 days after it is sent; or
(b) if the document is sent by facsimile transmission in accordance with paragraph (1) (e) — one day after it is sent; or
(c) if the document is sent by electronic communication in accordance with paragraph (1) (f) — one day after it is sent.
(3) For paragraphs (2) (b) and (c), mention of a day does not include a Saturday, Sunday or a public holiday
omit address and telephone number
insert address, telephone number and, if applicable, the facsimile number and the email address
substitute
(i) a stamped copy of the notice of appearance; and
substitute
(7) The Registrar must affix the stamp of the Court to the subpoena.
substitute
(4) The Registrar must affix the stamp of the Court to a certificate issued under subrule (1).
(5) A stamped copy of the certificate must be sent to the New Zealand Registry by:
(a) the person on whose application the certificate is issued; or
(b) if the certificate is issued by the Court on its own motion — the person on whose behalf the subpoena was issued.
substitute
(4) The Registrar must affix the stamp of the Court to a certificate issued under subrule (1).
substitute
(a) sign and affix the stamp of the Court to the petition; and
substitute
(a) sign and affix the stamp of the Court to the reference; and
substitute
(a) sign and affix the stamp of the Court to the summons; and
substitute
(a) sign and affix the stamp of the Court to the summons; and
omit seal
insert affix the stamp of the Court to
substitute
Form 12 Notice of service to document exchange, facsimile number or email address (Order 7, rule 7)
The (
applicant ) may be served:* (a) by sending a document to be served to the following exchange box in (
insert name of capital city ) of (insert name of document exchange ):(
Name of solicitor whose exchange box it is )(
Exchange box number )* (b) by sending a document to be served to the following facsimile number:
(
insert facsimile number )* (c) by sending a document to be served electronically to the following email address:
(
insert email address )*
delete if not applicable
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; 2000 Nos. 53, 54, 189, 233, 235, 300 and 372.
2. Notified in the
Commonwealth of Australia Gazette
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