Federal Court Amendment Rules 2002 (No 2) (Cth)

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Federal Court Amendment Rules 2002 (No. 2)1

Statutory Rules 2002 No. 2222

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

Dated 5 September 2002

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.

M.C. LEE 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.

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.R. EMMETT J.

R.A. FINKELSTEIN J.

M.S. WEINBERG J.

J.A. DOWSETT J.

P.G. HELY J.

S.C. KENNY J.

R.V. GYLES J.

R.A. CONTI J.

M.A. STONE J.

J.L.B. ALLSOP J.

P.M. JACOBSON J.

Judges of the Federal

Court of Australia

W.G. SODEN

Registrar

Contents

  1. •
  2. •
  3. •
1Name of Rules

These Rules are the Federal Court Amendment Rules 2002 (No. 2).

2Commencement

These Rules commence as follows:

  1. (a)

    on gazettal — rules 1 to 3 and Schedule 1;

  2. (b)

    on the commencement of Schedule 2 to the Jurisdiction of Courts Legislation Amendment Act 2002 — Schedule 2.

3Amendment of Federal Court Rules

Schedules 1 and 2 amend the Federal Court Rules.

Schedule 1Amendments commencing on gazettal

(rule 3)

  

[1]Order 1, rule 4, definition of Corporations Law Rules

substitute

Corporations Rules means the Federal Court (Corporations) Rules 2000.

[2]Order 1, rule 4, definition of mentally disabled person

after

his

insert

or her

[3]Order 1, rule 4, definition of trial

omit

hearing; and

insert

hearing.

[4]Order 4, subrule 12 (3)

omit

Corporations Law Rules

insert

Corporations Rules

[5]Order 6, heading

substitute

Order 6Parties, causes of action and interveners

[6]Order 6, after rule 16

insert

17Interveners

  1. (1)

    The Court, at any stage of a proceeding, on its own motion or on the application of a person, may give leave to a person (the intervener) to intervene in the proceeding, on the terms and conditions, and with the rights, privileges and liabilities (including liabilities for costs), determined by the Court.

  2. (2)

    In deciding whether to give leave, the Court must have regard to:

    1. (a)

      whether the intervener’s contribution will be useful and different from the contribution of the parties to the proceeding; and

    2. (b)

      whether the intervention might unreasonably interfere with the ability of the parties to conduct the proceeding as they wish; and

    3. (c)

      any other matter that the Court considers relevant.

  3. (3)

    The role of the intervener is solely to assist the Court in its task of resolving the issues raised by the parties.

  4. (4)

    For subrule (3), assisting the Court includes suggesting witnesses to be called by the Court, but does not include filing pleadings, leading evidence or examining witnesses.

  5. (5)

    When giving leave, the Court must specify the form of assistance to be given by the intervener and the manner of participation of the intervener, and, in particular, must specify:

    1. (a)

      the matters that the intervener may raise; and

    2. (b)

      whether the intervener’s submissions are to be oral, in writing, or both.

[7]Order 7, subrule 2 (4)

substitute

  1. (4)

    Despite subrule 2 (1), for the purposes of the Corporations Rules, personal service may be effected:

    1. (a)

      on a company, as defined in section 9 of the Corporations Act 2001 (the Corporations Act), in any way permitted by section 109X of the Corporations Act; and

    2. (b)

      on a liquidator of a company, in the way described in paragraph 109X (1) (c) of the Corporations Act; and

    3. (c)

      on an administrator of a company, in the way described in paragraph 109X (1) (d) of the Corporations Act.

[8]Order 10, subparagraph 1 (2) (a) (xviii)

omit

appropriate; and

insert

appropriate;

[9]Order 10, subparagraph 1 (2) (a) (xvix)

substitute

  1. (xix)

    the proportion in which the parties are to bear the costs (if any) of taking evidence or making submissions in accordance with a direction under subparagraph (xviii); and

  2. (xx)

    the use of assisted dispute resolution (including mediation) to assist in the conduct and resolution of all or part of the proceeding.

[10]Order 22, subrule 2 (3)

omit

paragraph 461 (a) of the Corporations Law

insert

paragraph 461 (1) (a) of the Corporations Act 2001

[11]Order 52, after rule 14

insert

14AAInterveners

  1. (1)

    The Court, at any stage of an appeal, on its own motion or on the application of a person, may give leave to a person (the intervener) to intervene in the appeal, on the terms and conditions, and with the rights, privileges and liabilities (including liabilities for costs), determined by the Court.

  2. (2)

    In deciding whether to give leave, the Court must have regard to:

    1. (a)

      whether the intervener’s contribution will be useful and different from the contribution of the parties to the appeal; and

    2. (b)

      whether the intervention might unreasonably interfere with the ability of the parties to conduct the appeal as they wish; and

    3. (c)

      any other matter that the Court considers relevant.

  3. (3)

    The role of the intervener is solely to assist the Court in its task of resolving the issues raised by the parties.

  4. (4)

    For subrule (3), assisting the Court includes suggesting witnesses to be called by the Court, but does not include filing pleadings, leading evidence or examining witnesses.

  5. (5)

    When giving leave, the Court must specify the form of assistance to be given by the intervener and the manner of participation of the intervener, and, in particular, must specify:

    1. (a)

      the matters that the intervener may raise; and

    2. (b)

      whether the intervener’s submissions are to be oral, in writing, or both.

[12]Order 71, heading, including the note

substitute

Order 71Corporations Act and ASIC Act proceedings

Note For the rules governing proceedings in the Court under the Corporations Act 2001 or the Australian Securities and Investments Commission Act 2001, see the Federal Court (Corporations) Rules 2000.

[13]Order 82, rule 7

omit everything before paragraph (a), insert

In deciding whether to transfer a proceeding or an appeal to the Federal Magistrates Court, factors that the Court or a Judge may take into account, in addition to the factors to which the Court or the Judge is required to have regard under subsection 32AB (6) of the Act or subsection 44AA (7) of the Tribunal Act, include:

[14]Order 82, paragraphs 7 (b) and (c)

omit

is likely

insert

is, in the opinion of the Court or the Judge, likely

[15]First Schedule, Form 5

omit

(Specify briefly the nature of the subject of the application or cross‑claim and the legislative basis of the court’s jurisdiction to hear it and grant the relief sought. Note: This statement does not form part of the pleading.)

insert

(State briefly the nature of the subject of the application or cross‑claim and the legislative basis of the court’s jurisdiction to hear it and grant the relief sought.The required statement is not taken to be part of the pleading.)

[16]First Schedule, Form 5, at the end

omit

Version 1

insert

Version 2

Schedule 2Amendments commencing on the commencement of Schedule 2 to the Jurisdiction of Courts Legislation Amendment Act 2002

(rule 3)

[1]Order 10, subparagraph 1 (2) (a) (xviii)

omit

telephone,

insert

audio link,

[2]Order 78, Division 7, heading

substitute

Division 7Assessors

[3]Further amendments — omissions

The following provisions are omitted:

  1. ●

    Order 1, rule 4, definition of Judicial Registrar, including the note

  2. ●

    Order 24, rule 1A

  3. ●

    Order 47, Division 3

  4. ●

    Order 69, rule 13

  5. ●

    Order 69A, rule 8

  6. ●

    Order 78, Division 7, Subdivision 1

  7. ●

    Order 79.

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 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 Nos. 20, 201, 322 and 329; 2002 No. 130.

2. Notified in the Commonwealth of Australia Gazette on 12 September 2002.

 
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