Federal Court Amendment Rules 2003 (No 1) (Cth)
Federal Court Amendment Rules 2003 (No. 1) 1
Statutory Rules 2003 No. 35 2
We, Judges of the Federal Court of Australia, make the following Rules of Court under the
Federal Court of Australia Act 1976 .Dated 17 March 2003
M.E.J. BLACK C.J.
B.A. BEAUMONT J.
M.R. WILCOX J.
J.E.J. SPENDER J.
p.r.a. gray j.
D.M. RYAN J.
R.S. FRENCH J.
M.C. LEE J.
J.W. von DouSSA j.
D.G. HILL 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.
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.
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.
B.M. SELWAY J.
Judges of the Federal
Court of Australia
W.G. SODEN
Registrar
These Rules are the
Federal Court Amendment Rules 2003 (No. 1) .
These Rules commence on gazettal.
Schedule 1 amends the Federal Court Rules.
(rule 3)
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(4A) In calculating the time fixed by these Rules or by any order fixing, extending or abridging time, the period from 24 December to 14 January next following is excluded, unless the Court otherwise orders.
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(1) Unless the Court otherwise orders, the filing of a document has effect as service of the document on a person, if personal service is not required and:
(a) the person to be served:
(i) is in default of appearance; or
(ii) has entered an appearance but has no address for service in the proceeding; or
(b) there is proof of non‑delivery of the document, being a document sent by the Court to the person’s proper address.
(2) For paragraph (1) (b), the proper address of a person is:
(a) the address for service of the person in the proceeding; or
(b) if, when the document is left or posted the person has no address for service in the proceeding, the person’s last known place of business or of abode.
omit If
insert
(1) If
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(2) The certificate required by subrule (1) may be incorporated in the pleading that is being certified.
omit In making a reasonable search for subrule (3),
insert For subrule (3), in making a reasonable search,
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(1) When considering an application by a respondent for an order for security for costs under section 56 of the Act, the Court may take into account the following matters:
(a) that an applicant is ordinarily resident outside Australia;
(b) that an applicant is suing, not for the applicant’s own benefit, but for the benefit of some other person and the Court has reason to believe that the applicant will be unable to pay the costs of the respondent if ordered to do so;
(c) subject to subrule (2), that the address of the applicant is not stated or is incorrectly stated in the originating process;
(d) that an applicant has changed address after the commencement of the proceeding in an attempt to avoid the consequences of the proceeding.
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For paragraph 35A (1) (h) of the Act, the Court or a Judge may direct a Registrar to exercise the power of the Court under section 23 of the Act and Order 37 rule 7 to issue a writ of execution.
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(d) The Registrar must not accept a notice of objection for filing unless the party filing the notice pays into the Litigants’ Fund an amount of $1 250 as security for the costs of any taxation of the bill.
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(6A) If:
(a) the party who filed the notice of objection withdraws the notice of objection before the taxation or provisional taxation is completed; or
(b) 21 days have passed after notification by the Registrar to the parties of a completed taxation or provisional taxation under this rule and no party has objected to that taxation;
the Registrar, having regard to the liability of any party to pay the costs of the taxation under this rule, must:
(c) determine how the amount paid under paragraph (3) (d) as security for the costs of taxation is to be distributed or refunded to the parties; and
(d) direct that payment be made out of Court accordingly.
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(1) Money may be paid out of a Litigants’ Fund:
(a) for money paid under Order 62 paragraph 46 (3) (d):
(i) in accordance with an order of the Court or a Judge; or
(ii) in accordance with a direction by the Registrar under Order 62 paragraph 46 (6A) (d); or
(b) in any other case — in accordance with an order of the Court or a Judge.
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(Order 11, rule 1B)
I (
(a) each allegation in the pleading; and
(b) each denial in the pleading; and
(c) each non-admission in the pleading.
Date:
Legal representative for
the (
party, eg applicant, respondent )
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(Order 15, rule 1)
To the respondent:
The applicant requires you to give discovery of documents with verification within (
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 Nos. 130, 222 and 281.
2. Notified in the
Commonwealth of Australia Gazette
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