Federal Court Amendment Rules 2004 (No 3) (Cth)

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Federal Court Amendment Rules 2004 (No. 3)1

Statutory Rules 2004 No. 2192

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

Dated 13 July 2004

M.E.J. BLACK C.J.

B.A. BEAUMONT J.

J.E.J. SPENDER J.

P.R.A. GRAY J.

D.M. RYAN J.

R.S. FRENCH J.

D.G. HILL J.

T.J. HIGGINS J.

R.E. COOPER J.

A.P. WHITLAM J.

C.J.S.M. CARR J.

C.M. BRANSON 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.

A.M. NORTH J.

R.N. MADGWICK J.

R. MERKEL J.

J.R. MANSFIELD J.

A.R. EMMETT J.

J.A. DOWSETT J.

P.G. HELY 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.

A.C. BENNETT J.

B.T. LANDER J.

S.M. CRENNAN J.

Judges of the Federal

Court of Australia

W.G. SODEN

Registrar

1Name of Rules

These Rules are the Federal Court Amendment Rules 2004 (No. 3).

2Commencement

These Rules commence on the date of their notification in the Gazette.

3Amendment of Federal Court Rules

Schedule 1 amends the Federal Court Rules.

Schedule 1Amendments

(rule 3)

  

[1]Order 36

substitute

Order 36Entry of orders

1Definition

For rules 3 and 7 of this Order:

Registrar includes an officer acting with the authority of the Registrar.

2When entry is required

  1. (1)

    Subject to subrule (2), an order must be entered if:

    1. (a)

      the order is to be served; or

    2. (b)

      the order is to be enforced; or

    3. (c)

      an appeal from the order has been instituted, or an application for leave to appeal from the order has been made; or

    4. (d)

      a step is to be taken under the order; or

    5. (e)

      the Court directs that the order be entered.

  2. (2)

    An order need not be entered if, in addition to any provision as to costs, the order merely:

    1. (a)

      extends or abridges time; or

    2. (b)

      grants leave or makes a direction:

      1. (i)

        to amend a document (other than an order); or

      2. (ii)

        to file a document; or

      3. (iii)

        for an act to be done by an officer of the Court (within the meaning of section 18N of the Act); or

    3. (c)

      gives directions about the conduct of a proceeding.

3Entry of an order

  1. (1)

    An order may be entered in accordance with subrule (2) or rule 5.

  2. (2)

    A Registrar may enter an order by authenticating the order in accordance with subrule 7 (1) if:

    1. (a)

      the order has been settled in accordance with rule 4; and

    2. (b)

      the Court or a Judge directs, or a party requests, that the order be entered.

4Lodgment of orders for entry

  1. (1)

    If a party wishes to have an order entered, the party may lodge with the Registrar a draft of the order, in accordance with Form 47.

  2. (2)

    An order may be settled by the Court or a Judge, or a Registrar, even if no draft of the order has been lodged under subrule (1).

  3. (3)

    The Court or a Judge may give directions to a Registrar who is settling an order under this rule.

5Courtroom entry

The Court or a Judge may direct that an order be entered by the order being authenticated in Court in accordance with subrule 7 (1) at the time the order is made.

6Date of effect

Unless the Court otherwise orders, the date as of which an order is entered is the date when the order was made.

7Authentication of orders

  1. (1)

    An order is authenticated by:

    1. (a)

      the Court or a Judge, or a Registrar signing the order; and

    2. (b)

      the Court or a Judge, or a person at the direction of the Court or a Judge, or a Registrar, affixing the stamp of the Court to the order.

  2. (2)

    On request by a party to a proceeding, the Registrar must give a copy of an authenticated order in the proceeding to the party.

  3. (3)

    The Registrar may give a copy of an authenticated order in the proceeding to any person who:

    1. (a)

      appears to have a sufficient interest in the proceeding; and

    2. (b)

      pays the prescribed fee (if any).

8Service of orders

Unless these Rules otherwise provide or the Court otherwise directs, an order need not be served.

9Certificate of judgement

On request by a judgment creditor, the Registrar must give to the creditor a certificate in accordance with Form 47A setting out the particulars of the judgment.

[2]Schedule 1, Form 47, heading

substitute

Form 47Order

(Order 36, rule 4)

[3]Schedule 1, Form 47A, heading

substitute

Form 47ACertificate of judgment

(Order 36, rule 9)

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 Nos. 130, 222 and 281; 2003 Nos. 35, 78, 206 and 377; 2004 Nos. 38 and 98.

2. Notified in the Commonwealth of Australia Gazette

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