Federal Court Amendment Rules 2001 (No 2) (Cth)
Federal Court Amendment Rules 2001 (No. 2) 1
Statutory Rules 2001 No. 201 2
We, Judges of the Federal Court of Australia, make the following Rules of Court under the
Federal Court of Australia Act 1976 .Dated 23 July 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.
R.S. FRENCH J.
J.W. von DOUSSA J.
D.G. HILL J.
M.F. O’LOUGHLIN J.
P.C. HEEREY J.
D.P. DRUMMOND J.
A.P. WHITLAM J.
C.J.S.M. CARR J.
M.F. MOORE J.
C.M. BRANSON 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.
J.R.F. LEHANE J.
R.N. MADGWICK J.
R. MERKEL J.
J.R. MANSFIELD J.
A.H. GOLDBERG J.
A.R. EMMETT J.
M.S. WEINBERG J.
L.S. KATZ J.
P.G. HELY J.
R.V. GYLES J.
R.A. CONTI J.
M.A. STONE J.
J.L.B. ALLSOP J.
Judges of the Federal
Court of Australia
W.G. SODEN
Registrar
These Rules are the
Federal Court Amendment Rules 2001 (No. 2) .
These Rules commence on gazettal.
Schedule 1 amends the Federal Court Rules.
(rule 3)
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(6) A document is filed:
(a) for a document in an existing proceeding — if it is accepted in the Registry that is the proper place for the proceeding and stamped in accordance with Order 46, rule 4; or
(b) otherwise — if it is accepted in a Registry and stamped in accordance with Order 46, rule 4.
(6A) If a document in an existing proceeding:
(a) is presented to or sent in accordance with paragraph (1) (b) or (c) to a Registry that is not the proper place; and
(b) is sent by that Registry to the proper place; and
(c) is filed in accordance with paragraph (6) (a);
the document is taken to have been filed on the day when it was received by the Registry that is not the proper place.
omit Sundays, other holidays and the day immediately after Easter Monday in each year.
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(3) If a respondent to an originating process:
(a) enters an appearance; or
(b) files a defence; or
(c) appears before the Court in response to the process;
the originating process is taken to have been served on the respondent personally when the earliest of those events occurred, unless personal service on an earlier day is established.
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after Registrar
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omit of the Commonwealth or of a State or Territory
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(b) if the written consent is in respect of an order that the Registrar has power to make, unless the Registrar is of the opinion that the consent should be brought before a Judge, the Registrar, or an officer acting with the authority of the Registrar, may draw up, sign and affix the stamp of the Court to an order in accordance with the terms of consent.
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1A Definition For rules 2, 3, 4, 5, 6, 7, 9 and 10 of this Order:
Registrar includes an officer acting with the authority of the Registrar.
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(3) Unless the Court otherwise orders, the date as of which a judgment is entered is the date when the judgment is pronounced or made.
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(1) An appellant may file and serve a notice of discontinuance:
(a) at any time before the hearing of the appeal, without the leave of the Court; or
(b) at the hearing, or after the hearing and before judgment is pronounced or made, with the leave of the Court.
(1A) If a notice of discontinuance is filed and served under subrule (1), the appeal is abandoned.
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omit obtained from a Court Reporting Branch and
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(2) Unless the taxing officer appoints a time for taxation under subrule 41 (1), a bill (other than a short form bill under rule 40A or Order 77, rule 67) will be assessed in accordance with rule 46.
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(1A) For the purposes of taxing a short form bill filed under rule 40A or Division 14 of Order 77, the taxing officer may be an officer acting with the authority of the Registrar or a District Registrar.
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40A Short form bill for winding up application (Corporations Act s 466 (2))
(1) If an order is made for the winding up of a company in a proceeding instituted in the Court under the
Corporations Act 2001 , an applicant may claim as costs of the application:
(a) the amounts that, on the date when the application was filed, were the prescribed amounts in item 43A in Schedule 2; and
(b) disbursements properly incurred in relation to the application.
(2) An applicant who claims costs under this rule must serve on the liquidator appointed to the company:
(a) a bill of costs and disbursements, which need not include an itemised account of the work or services performed; and
(b) copies of receipts, vouchers or journals that evidence the disbursements claimed.
(3) Within 14 days of service of a bill of costs and disbursements, the liquidator must advise the applicant in writing which, if any, of the costs and disbursements claimed are disputed.
(4) Within 14 days of receiving an advice under subrule (3), the applicant must file:
(a) a copy of the advice; and
(b) the documents mentioned in subrule (2); and
(c) an affidavit of service of the bill of costs and disbursements on the liquidator.
(5) The applicant, the liquidator and their respective solicitors must not attend on taxation of the bill of costs and disbursements, unless directed by a taxing officer to attend.
(6) This rule does not limit an applicant’s right to claim the taxed costs of the winding up application under this Order.
(7) However, an applicant who claims the costs of a winding up application:
(a) under this rule — has no further claim to recover any of the taxed costs of the application under this Order; and
(b) otherwise under this Order — has no further claim to recover any of the taxed costs of the application under this rule.
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(1) Subject to any direction of a Registrar under rule 46, if a bill of costs is filed, the taxing officer must appoint a time to tax the bill and endorse the bill with the date and time of the appointment.
(2) The party who filed the bill must serve a copy of the bill on each other party to the taxation at least 7 days before the date appointed for taxation.
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(2) If the Registrar decides to apply this rule, unless the Registrar directs that action be taken under subrule (4) or (6), the bill must be assessed in accordance with subrule (3).
(2A) If a bill is to be assessed in accordance with subrule (3):
(a) the Registrar must endorse the bill and each copy of it with the date when the taxing officer is to make an estimate and return the bill and copies to the party filing the bill; and
(b) the party filing the bill must serve a copy of the bill and the documents mentioned in subrule 40 (2) on each other party to the assessment at least 7 days before the date endorsed on the bill.
omit Upon the direction of the Registrar under subrule (2), a taxing officer may,
insert A taxing officer may, in the absence of the parties and
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(5) Each District Registrar may produce figures for the guidance of parties and solicitors in relation to costs estimated or taxed in the district registry.
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(g) whether it is unfair to require the legal practitioner to continue to provide legal assistance under the scheme; and
(h) any other matter that the Registrar considers relevant.
insert at the end of each Form
Version 1
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Form 47 Order (Order 36)
Judge(s):
Date of order:
Where made:
The Court orders (
or declares) that:1.
2.
3.
……………………………………..
District Registrar
Date that entry is stamped:
Version 1
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Note A creditor is required to give a copy of this petition to the Official Receiver within 3 working days of presentation: see subregulation 4.05 (1) of theBankruptcy Regulations 1996 .
Version 1
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 Nos. 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; 2001 No. 20.
2. Notified in the
Commonwealth of Australia Gazette
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