Federal Court Rules 2011 (Cth)

Federal Court Rules 2011

Select Legislative Instrument No. 134, 2011

made under the

Federal Court of Australia Act 1976

Compilation No. 10

Compilation date:2 September 2025

Includes amendments:F2025L00941

About this compilation

This compilation

This is a compilation of the Federal Court Rules 2011 that shows the text of the law as amended and in force on 2 September 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1Introductory provisionsPart 1PreliminaryDivision 1.1Scope1.01Name of Rules

These Rules are the Federal Court Rules 2011.

1.04Application

(1)
These Rules apply to a proceeding started in the Court on or after 1 August 2011.
(2)
These Rules apply to a step in a proceeding that was started before 1 August 2011, if the step is taken on or after 1 August 2011.
(3)
However, the Court may order that the Federal Court Rules as in force immediately before 1 August 2011 apply, with or without modification, to a step mentioned in subrule (2).
Note 1: For the rules governing proceedings in the Court under the Bankruptcy Act 1966, see the Bankruptcy Regulations 2021 and the Federal Court (Bankruptcy) Rules 2016.
Note 2: For the rules governing proceedings in the Court under the Corporations Act 2001, see the Federal Court (Corporations) Rules 2000.
Note 3: For the rules governing proceedings in the Court under the Admiralty Act 1988, see the Admiralty Rules 1988.
Note 4: For the rules governing criminal proceedings in the Court, see the Federal Court (Criminal Proceedings) Rules 2016.

Rules 1.05–1.20 left blank

Division 1.2Application about procedures1.21Application for orders about procedures

A person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if:
(a)
the procedure is not prescribed by the Act, these Rules or by or under any other Act; or
(b)
the person is in doubt about the procedure.

Rules 1.22–1.30 left blank

Division 1.3General powers of the Court1.31Orders to have regard to nature and complexity of proceeding

(1)
The Court may in making any order in the proceeding have regard to the nature and complexity of the proceeding.
(2)
The Court may deal with the proceeding in a manner that is proportionate to the nature and complexity of that proceeding.

1.32Court may make any order it considers appropriate in the interests of justice

The Court may make any order that the Court considers appropriate in the interests of justice.
Note: See sections 23 and 28 of the Act.

1.33Orders may be subject to conditions

The Court may make an order subject to any conditions the Court considers appropriate.

1.34Dispensing with compliance with Rules

The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.

1.35Orders inconsistent with Rules

The Court may make an order that is inconsistent with these Rules and in that event the order will prevail.

1.36Orders other than in open court

The Court may make orders other than in open court.
Note: For the power of a Judge sitting in Chambers to exercise the jurisdiction of the Court, see section 17(2) of the Act.

1.37Directions to Registrars

The Court may direct a Registrar to do, or not to do, an act or thing.

1.38Fixing of time by Court

If no time for doing an act or thing in relation to a proceeding is fixed by these Rules, the Court may fix the time within which the act or thing is to be done.

1.39Extension and shortening of time

The Court may extend or shorten a time fixed by these Rules or by order of the Court:
(a)
before or after the time expires; and
(b)
whether or not an application for extension is made before the time expires.

1.40Exercise of Court’s power

The Court may, at any stage of the proceeding, exercise a power mentioned in these Rules in the proceeding:
(a)
on its own initiative; or
(b)
on the application of a party, or a person who has a sufficient interest in the proceeding.

1.41Other orders that may be made

If a party makes an application, the Court may:
(a)
grant the order sought; or
(b)
refuse to grant the order sought; or
(c)
make a different order.

1.42Orders may include consequences of non‑compliance

The Court may specify in an order the consequences of not complying with the order.

Rules 1.43–1.50 left blank

Division 1.4Interpretation1.51Definitions – the Dictionary

(1)
In these Rules, a word or expression defined in Schedule 1 (the Dictionary) has the meaning given in the Dictionary.
Note: The Schedules to these Rules are deemed to form part of the Rules—see section 13 of the Acts Interpretation Act 1901.
(2)
The Dictionary includes references to certain words and expressions that are defined elsewhere in these Rules (signpost definitions).
Note: The Dictionary includes a signpost definition for a word or expression that is defined elsewhere in these Rules only if the word or expression is used in more than one rule.

1.52References to Forms

(1)
In these Rules, a reference to a form by number is a reference to the form approved under subrule (2).
(2)
The Chief Justice may approve a form for the purpose of a provision of these Rules.
Note: Approved forms are available on the Court’s website at 1.53–1.60 left blank
Division 1.5Time1.61Calculation of time
(1)
A period of time for doing an act or thing fixed by these Rules or by an order of the Court is to be calculated in accordance with this rule.
(2)
If the time fixed is to be calculated by reference to a particular day or event, and the time fixed is one day or more, the particular day or the day of the particular event is not to be counted.
(3)
If the time fixed includes a day that is not a business day in the place where the act or thing is to be done, and the time fixed is 5 days or less, the day is not to be counted.
Example: The Court orders that a document is to be filed and served within 3 days from Wednesday. Under subrule (3), the document must be served on or before the following Monday (since Saturday and Sunday are not business days).
Note: Business day is defined in the Dictionary.
(4)
An act or thing may be done on the next business day in a place if:
(a)
the last day for doing the act or thing is not a business day in the place where the act or thing is to be done; and
(b)
the act or thing may only be done on a day that is a business day in the place.
(5)
If the time fixed includes a day in the period starting on 24 December in a year and ending on 14 January in the next year, the day is not to be counted.
Part 2Registry and documentsDivision 2.1Registry2.01Use of seal and stamps of Court
(1)
The seal of the Court will be affixed to the following documents:
(a)
Rules of Court;
(b)
a commission issued by authority of the Court;
(c)
a document issued by the Court for use outside Australia;
(d)
any other document, as ordered by the Court or as provided under the Act or any other Act.
(2)
The seal of the Court or the stamp of a District Registry will be affixed to the following documents:
(a)
an originating application, notice of address for service, interlocutory application, notice of appeal, subpoena, summons or warrant filed in the District Registry;
(b)
an order of the Court;
(c)
any other document as ordered by the Court.
(3)
The following may be affixed to a document by hand or by electronic means:
(a)
the seal of the Court;
(b)
the signature of a Registrar;
(c)
the stamp of a District Registry;
(e)
the signature of an officer acting with the authority of the Chief Executive Officer or a District Registrar.
Note 1: Section 36 of the Act provides that the seal of the Court is to be kept in the Principal Registry. The Act provides for stamps for the Principal Registry and each District Registry designed as nearly as practicable to be the same as the seal.
Note 2: All documents to which the seal of the Court or the stamp of the District Registry has been affixed will also be signed by the Chief Executive Officer, a District Registrar or an officer acting with the authority of the Chief Executive Officer or a District Registrar—see section 37 of the Act.
2.02Transfer of proceeding to another place
A party may apply at the proper place for an order that the proceeding be transferred to another place.
Note 1: Proper placeis defined in the Dictionary.
Note 2: See section 48 of the Act.
Rules 2.03–2.10 left blank
Division 2.2Documents2.11General provisions about documents
A document that is to be filed in a proceeding must be in accordance with any approved form and the Court’s requirements.
Note 1: Approved form is defined in the Dictionary.
Note 2: The Court’s requirements in relation to preparing and lodging documents are set out in practice notes issued by the Chief Justice.
2.12Compliance with approved forms
A requirement in these Rules that a document be in accordance with an approved form is complied with if the document:
(a)
is substantially in accordance with the approved form and any practice notes issued by the Chief Justice; or
(b)
has only those variations that the nature of the case requires.
2.13Titles of documents
(1)
The heading of a document in a proceeding must include a reference to:
(a)
the District Registry where the document is filed; and
(b)
the appropriate Division of the Court.
(2)
A document in a proceeding between parties must include a title and details, in accordance with Form 1.
(3)
A document in a proceeding in which there is no respondent must include a title and details, in accordance with Form 2.
(4)
A document in a proceeding may include an abbreviated title, in accordance with Form 3, unless the document is:
(a)
an originating application; or
(b)
a notice of appeal; or
(c)
a document to be served on a person not a party to the proceeding; or
(d)
an order.
(5)
The title of a document in a proceeding must be sufficient to identify the proceeding.
2.14Subsequent documents to be endorsed with Court number
Each subsequent document filed in a proceeding must be endorsed, by the party filing the document, with the same number as that assigned by a Registrar to the originating application for the proceeding or to the notice of appeal.
Note: When an originating application that is not a cross‑claim or a notice of appeal is filed, a Registrar will assign a distinctive number to the document and will endorse the document with that number. The number will include a reference to the Registry in which the document is filed and the calendar year in which the document is filed. A new series of numbers will be started at the beginning of each calendar year.
2.15Signature
(1)
A document (other than an affidavit, annexure or exhibit attached to another document) filed by a party in a proceeding must be dated and signed by:
(a)
the party’s lawyer; or
(b)
the party, if the party does not have a lawyer.
(2)
A signature affixed to a document by electronic means at the direction of the person required to sign the document complies with subrule (1).
Note: Lawyer is defined in the Dictionary.
2.16Details at foot of each document
(1)
A document filed in a proceeding must contain the following information under a horizontal line at the foot of the front page of the document:
(a)
the name and role of the party on whose behalf the document is filed;
(b)
the name of the person or lawyer responsible for preparation of the document;
(c)
if the party is represented by a lawyer—the telephone number, fax number and email address of the lawyer;
(d)
if the party is not represented by a lawyer—the telephone number, fax number and email address, if any, of the party;
(e)
the address for service of the party.
(2)
In this rule:
role of the party means the capacity in which the party is participating in the proceeding.
Rules 2.17–2.20 left blank
Division 2.3Lodging and filing documents2.21How documents may be lodged with the Court
(1)
A document may be lodged with the Court by:
(a)
being presented to a Registry when the Registry is open for business; or
(b)
being posted to a Registry with a written request for the action required in relation to the document; or
(c)
being faxed to a Registry in accordance with rule 2.22; or
(d)
being sent by electronic communication to a registry, in accordance with rule 2.23.
(2)
A document in an existing proceeding that is to be lodged with the Court in accordance with paragraph (1)(b), (c) or (d) must be sent to the proper Registry.
(3)
If a document in an existing proceeding is lodged with a Registry other than the proper Registry, the document must be accompanied by a letter:
(a)
identifying the proper place for the proceeding; and
(b)
requesting that the document be sent to the proper Registry.
(4)
Subject to rules 2.22 and 2.23, a document that is required to be sealed, stamped or signed by the Court must be accompanied by the required number of copies for sealing, stamping or signing.
Note 1: Proper Registry is defined in the Dictionary.
Note 2: The Court’s requirements in relation to preparing and lodging documents are set out in practice notes issued by the Chief Justice.
2.22Faxing a document
(1)
A document that is faxed to a Registry for filing must:
(a)
be sent to a fax number approved by a Registrar; and
(b)
be accompanied by a cover sheet clearly stating:
(i)
the sender’s name, postal address, telephone number, fax number (if any) and email address (if any);
(ii)
the number of pages sent; and
(iii)
the action required in relation to the document.
(2)
A document must not be faxed to a Registry if it is more than 20 pages.
(3)
The sender of the document must:
(a)
keep the original document and the transmission report showing that the document was faxed successfully; and
(b)
produce the original document or transmission report if ordered to do so by the Court.
Note 1: If the document is accepted in the Registry, a Registrar will return a copy of the document by fax to the fax number stated on the cover sheet.
Note 2: Details of the opening times for each District Registry are on the Court’s website at level="5">2.23Sending a document by electronic communication
(1)
A document that is sent by electronic communication to a Registry for filing must:
(a)
be sent by using the Court’s website at and
(b)
be in an electronic format approved by a Registrar for the Registry; and
(c)
if a document is required to be in accordance with an approved form—so far as is practicable, be in an approved form that complies with rule 2.12 or 2.13; and
(d)
be capable of being printed in the form in which it was created without any loss of content.
Note: The electronic format approved by a Registrar for a Registry is available on the Court’s website at affidavit must be sent as an image.
(3)
If the document is in an existing proceeding, it must be sent to the proper Registry by using the Court’s website at person who sends the document must:
(a)
keep a paper or electronic copy of the document prepared in accordance with this rule; and
(b)
if ordered to do so by the Court, produce the hard copy of the document.
2.24Documents sent by electronic communication
(1)
If a document sent to a Registry by electronic communication in accordance with rule 2.23 is accepted at the Registry, and is a document that must be signed or stamped, a Registrar will:
(a)
for a document that these Rules require to be endorsed with a date for hearing—insert a notice of filing and hearing as the first page of the document; or
(b)
for any other document—insert a notice of filing as the first page of the document.
(2)
If a notice has been inserted as the first page of the document in accordance with subrule (1), the notice is taken to be part of the document for the purposes of the Act and these Rules.
2.25When is a document filed
(1)
A document is filed if:
(a)
it is lodged with the Court in accordance with rule 2.21(1); and
(b)
either:
(i)
for a document in an existing proceeding—it is accepted in the proper Registry by having the seal of the Court affixed to it; or
(ii)
in any other case—it is accepted in a Registry by having the seal of the Court affixed to it.
Note: A document that is accepted for filing is added to the Court file. See the definition of Court file in the Dictionary.
(2)
A document in an existing proceeding is taken to have been filed on the day when it was received by a Registry that is not the proper Registry if the document:
(a)
is presented to a Registry other than the proper Registry; and
(b)
is sent by the Registry to the proper Registry; and
(c)
is filed in accordance with subparagraph (1)(b)(i).
(3)
If a document is faxed or sent by electronic communication to a Registry, the document is, if accepted by a Registry under subrule (1), taken to have been filed:
(a)
if the whole document is received by 4.30 pm on a business day for the Registry—on that day; or
(b)
in any other case—on the next business day for the Registry.
Note 1: Business dayis defined in the Dictionary.
Note 2: File is defined in the Dictionary as meaning file and serve.
Note 3: Because of the Court’s computer security firewall, there may be a delay between the time a document is sent by electronic communication and the time the document is received by the Court.
2.26Refusal to accept document for filing – abuse of process or frivolous or vexatious documents
A Registrar may refuse to accept a document (including a document that would, if accepted, become an originating application) if the Registrar is satisfied that the document is an abuse of the process of the Court or is frivolous or vexatious:
(a)
on the face of the document; or
(b)
by reference to any documents already filed or submitted for filing with the document.
2.27When documents will not be accepted in a Registry
A document will not be accepted for filing if:
(a)
it is not substantially complete; or
(b)
it does not substantially comply with these Rules; or
(c)
it is not properly signed; or
(d)
a Registrar has refused to accept the document; or
(e)
the Court has given a direction that the document not be accepted; or
(f)
the Court has given a direction that the document not be accepted without the Court’s leave, and leave has not been obtained.
Note: If a document is lodged with the Court in accordance with paragraph 2.21(1)(b), (c) or (d) and the Registry does not accept it, a Registrar will notify the sender of the document accordingly.
2.28Documents accepted for filing – removal from Court file and storage
(1)
A document which has been accepted for filing will be removed from a Court file if:
(a)
the Court has ordered that the document be removed from the Court file:

(i)
on its own initiative; or
(ii)
on the application of a party under rule 6.01 or subrule 16.21(2); or
(b)
for an affidavit—the Court has ordered that the affidavit be removed from the Court file:
(i)
on its own initiative; or
(ii)
on the application of a party under subrule 29.03(2); or
(c)
the Court is satisfied that the document:
(i)
is otherwise an abuse of process of the Court; or
(ii)
should not, under rule 2.27, have been accepted for filing.
(2)
A party may apply to the Court for an order under subparagraph (1)(c)(i) or (ii) that a document be removed from the Court file.
(3)
A document removed from a Court file under this rule must be stored:
(a)
if an order mentioned in this rule specifies a way to store the document—in the way specified in the order; or
(b)
otherwise—as directed by the District Registrar.

2.29Documents on a Court file – removal, redaction and storage

(1)
A document on a Court file will be removed from the Court file and replaced with a redacted copy if:
(a)
the Court has ordered that the document be removed and replaced:
(i)
on its own initiative; or
(ii)
on the application of a party under rule 6.01 or subrule 16.21(2); or
(b)
for an affidavit—the Court has ordered that the affidavit be removed and replaced with a redacted copy:
(i)
on its own initiative; or
(ii)
on the application of a party under subrule 29.03(2); or
(c)
the Court is satisfied that:
(i)
any part of the document is otherwise an abuse of process of the Court; and
(ii)
it is reasonably practicable for that part of the document to be redacted.
(2)
A party may apply to the Court for an order under paragraph (1)(c) that a document be removed from the Court file and replaced with a redacted copy.
(3)
If a part or parts of a document are struck out or removed under this rule:
(a)
the corresponding part or parts of the redacted copy of the document must be unable to be read in any way; and
(b)
the redacted copy must be marked with:
(i)
the date on which the order was made; and
(ii)
each date on which redaction was performed.
(4)
A document removed from a Court file under this rule must be stored:
(a)
if an order mentioned in this rule specifies a way to store the document—in the way specified in the order; or
(b)
otherwise—as directed by the District Registrar.

Rule 2.30 left blank

Division 2.4Custody and inspection of documents2.31Custody of documents

(1)
The District Registrar of a District Registry is to have custody of, and control over:
(a)
each document filed in a Registry in a proceeding; and
(b)
the records of the Registry.
(2)
A person may remove a document from a Registry if:
(a)
a Registrar has given written permission for the removal because it is necessary to transfer the document to another Registry; or
(b)
the Court has given the person leave for the removal.
(3)
If the Court or a Registrar permits a person to remove a document from the Registry, the person must comply with any conditions on the removal imposed by the Court or a Registrar.

2.32Inspection of documents

(1)
A party may inspect any document in the proceeding except:
(a)
a document for which a claim of privilege has been made:
(i)
but not decided by the Court; or
(ii)
that the Court has decided is privileged; or
(b)
a document that the Court has ordered be confidential.
(2)
A person who is not a party may, after the earlier of the first directions hearing and the hearing, inspect the following documents in a proceeding in the proper Registry:
(a)
an originating application or cross‑claim;
(b)
a pleading or particulars of a pleading or similar document;
(c)
an interlocutory application;
(d)
in a proceeding to which Division 34.7 applies:
(i)
an affidavit accompanying an application, or an amended application, under section 61 of the Native Title Act 1993; or
(ii)
an extract from the Register of Native Title Claims received by the Court from the Native Title Registrar.
Note: Native Title Registrar and Register of Native Title Claims are defined in the Dictionary.
(2A)
A person who is not a party may inspect the following documents in a proceeding in the proper Registry:
(a)
a notice of address for service;
(b)
a statement of agreed facts or an agreed statement of facts;
(c)
a judgment or an order of the Court;
(d)
a notice of appeal, notice of contention or notice of cross‑appeal;
(e)
a notice of discontinuance;
(f)
a notice of change of lawyer or notice of ceasing to act;
(g)
a consent to act as trustee or consent to act as liquidator;
(h)
reasons for judgment;
(i)
a transcript of a hearing heard in open Court.
(3)
However, a person who is not a party is not entitled to inspect a document that the Court has ordered:
(a)
be confidential; or
(b)
is forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member.
Note: For the prohibition of publication of evidence or of the name of a party or witness, see sections 37AF and 37AI of the Act.
(4)
Subject to subrule (3), a person may apply to a Registrar for leave to inspect a document that the person is not otherwise entitled to inspect.
(5)
A person may be given a copy of a document, except a copy of the transcript in the proceeding, if the person:
(a)
is entitled to inspect the document; and
(b)
has paid the prescribed fee.
Note 1: For the prescribed fee, see the Federal Court and Federal Circuit and Family Court Regulations 2012.
Note 2: If there is no order that a transcript is confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of a proceeding from the Court’s transcript provider.
Note 3: For proceedings under the Trans‑Tasman Proceedings Act, see also rule 34.70.

Rules 2.33–2.40 left blank

Division 2.5Administration of money paid into Court and payment out2.41Establishment of Litigants’ Fund

(1)
The Chief Executive Officer will establish with a bank an account entitled ‘Federal Court of Australia Official Exempt SPM Litigants’ Fund’.
(2)
The Litigants’ Fund comprises the money standing, from time to time, to the credit of the account established under subrule (1).
Note: BankandLitigants’ Fundare defined in the Dictionary.

2.42Dealing with money paid into Court

(1)
Money paid into Court in a proceeding must:
(a)
if the Court has made an order under subrule (2)—be paid, credited or applied in accordance with the order; or
(b)
if paragraph (a) does not apply—be paid into the Litigants’ Fund.
(2)
A party may apply to the Court for an order:
(a)
that money paid, or to be paid, into Court be paid, credited or applied in a manner other than by payment into the Litigants’ Fund; and
(b)
in relation to the disbursement of any interest earned on the money.
Note: As soon as practicable after money has been paid into Court in a proceeding, the relevant District Registrar will give a notice to each party stating that the money has been received and giving details of how the money has been paid, credited or applied.

2.43Payment out of Litigants’ Fund

(1)
Money paid into Court under rule 2.42 may be paid out or applied only in accordance with an order of the Court.
(2)
However, the District Registrar may pay out of the Litigants’ Fund money that has been paid in as security for the costs of a taxation of a bill of costs.
Note 1: An order under this rule will state:
(a) the details of the payment to be made; and
(b) any other action to be taken by a Registrar in relation to the money.
Note 2: As soon as practicable after money is paid out of the Litigants’ Fund, the relevant District Registrar will give a notice to each party.

Part 3Registrars

Note 1: For the appointment of the Chief Executive Officer, see section 18C of the Act. For the appointment of Registrars, District Registrars and Deputy District Registrars, see section 18N of the Act.
Note 2: For the powers of the Chief Executive Officer, see section 18D of the Act. Registrars, District Registrars and Deputy District Registrars have the duties, powers and functions given to them by the Act or the Chief Justice: see this Part, and sections 18N(2) and 35A of the Act.

Division 3.1Powers of Registrars3.01Powers of the Court that may be exercised by a Registrar

(1)
For section 35A(1)(h) of the Act, the following powers of the Court are prescribed:
(a)
a power of the Court under a provision of an Act mentioned in column 2 of an item in Schedule 2;
(b)
a power of the Court under a provision of these Rules mentioned in column 2 of an item in Schedule 2;
(c) the power of the Court to receive evidence on any application that a Registrar is empowered to decide;
(d)
if the parties consent in writing:
(i)
the power of the Court under section 23 of the Act to make an order for the dismissal of a proceeding and to make an order for the payment of costs;
(ii)
the power of the Court under section 53A of the Act to make an order referring a proceeding to arbitration.
(e)
the power of the Court under section 20A(2) of the Act to deal with a matter without an oral hearing.
(2)
A description in column 3 of an item in Schedule 2 is for information only.
Note 1: For the powers of the Court that may, if the Court so directs, be exercised by a Registrar, see section 35A(1) of the Act.
Note 3: See also the following:
(a) sections 35A(1)(a) to (g) of the Act;
(b) rule 16.1 and Schedule 2 to the Corporations Rules;
(c) rule 2.02 and Schedule 1 to the Bankruptcy Rules;
(d) rule 1.10 of the Federal Court (Criminal Proceedings) Rules 2016.

3.02Authority to administer oaths and affirmations

A Registrar may administer an oath or affirmation in a proceeding.

3.03Orders other than in open court

A Registrar may make an order other than in open court.

3.04Application for orders in relation to Registrars

A person may apply to the Court without notice for an order that a Registrar do any act or thing that the Registrar is required or entitled to do but has refused to do.
Note: Without noticeis defined in the Dictionary.

3.05Application to a Registrar for an application to be determined by the Court

A party may apply orally to a Registrar under section 35A(7)(b) of the Act for the Registrar to arrange for the Court to determine an application for the exercise of a power mentioned in section 35A(1) of the Act.
Note: A party may apply to the Registrar to have the application determined by the Court—see section 35A(7)(b) of the Act.

Rules 3.06–3.10 left blank

Division 3.2Reviewing a Registrar’s exercise of power3.11Application for review of a Registrar’s exercise of power

(1)
A party may apply to the Court under section 35A(5) of the Act for review of the exercise of a power of the Court by a Registrar.
(2)
The application must be made within 21 days after the day on which the power was exercised.

Part 4LawyersDivision 4.1General4.01Proceeding by lawyer or in person

(1)
A person may be represented in the Court by a lawyer or may be unrepresented.
(2)
A corporation must not proceed in the Court other than by a lawyer.
Note 1: Corporation and lawyer are defined in the Dictionary.
Note 2: A notice of address for service for a corporation must be filed by a lawyer―see rule 11.02.
Note 3: The Court may dispense with compliance with this rule—see rule 1.34.

4.02Power to act by lawyer

A party’s lawyer may do an act or thing that the party is required or permitted to do unless the context or subject matter indicates otherwise.

4.03Appointment of a lawyer – notice of acting

If a party is unrepresented when a proceeding starts and later appoints a lawyer to represent the party in the proceeding, the lawyer must file a notice of acting, in accordance with Form 4.
Note: File is defined in the Dictionary as meaning file and serve.

4.04Termination of retainer by party

(1)
If a party terminates a lawyer’s retainer, and a new lawyer is appointed to represent the party, the new lawyer must file a notice of acting, in accordance with Form 5.
(2)
If a party terminates a lawyer’s retainer, and a new lawyer is not appointed to represent the party, the party must file a notice of termination of the lawyer’s retainer, in accordance with Form 6, and a notice of address for service.
Note: Rule 11.01 contains requirements in relation to the address for service.
(3)
If a party who has terminated a lawyer’s retainer does not file the documents required by rule 4.04(2), the lawyer whose retainer has been terminated may file a notice of ceasing to act, in accordance with Form 8.

4.05Termination of retainer by lawyer

(1)
If a party’s lawyer terminates the retainer, the lawyer must:
(a)
serve on the party a notice of intention of ceasing to act, in accordance with Form 7; and
(b)
at least 7 days after serving the notice—file a notice of ceasing to act, in accordance with Form 8.
(2)
A party whose lawyer has filed a notice under paragraph (1)(b) must file a notice of address for service within 5 days after the notice is filed.

Rules 4.06–4.10 left blank

Division 4.2Court referral for legal assistance4.11Definitions for Division 4.2

In this Division:
assisted party means a party receiving legal assistance under this Division.
legal assistance means any of the following:
(a)
advice in relation to the proceeding;
(b)
representation at a directions, interlocutory or final hearing or mediation;
(c)
drafting or settling documents to be used in the proceeding;
(d)
representation generally in the conduct of the proceeding.
Pro Bono lawyer means a lawyer who has agreed to accept a referral under rule 4.12 to provide pro bono legal assistance.

4.12Referral for legal assistance

(1)
The Court may refer a party to a lawyer for legal assistance by issuing a referral certificate, in accordance with Form 9.
(2)
When making a referral under subrule (1), the Court may take the following matters into account:
(a)
the means of the party;
(b)
the capacity of the party to otherwise obtain legal assistance;
(c)
the nature and complexity of the proceeding;
(d)
any other matters the Court considers appropriate.
(3)
The referral certificate may state the kind of legal assistance for which the party has been referred.
(4)
A Registrar will attempt to arrange for the provision of legal assistance in accordance with the referral certificate to a Pro Bono lawyer.

4.13A party has no right to apply for a referral

A party is not entitled to apply to the Court for a referral under rule 4.12.

4.14Acceptance of referral certificate and provision of legal assistance

If a lawyer agrees to accept a referral under rule 4.12, the lawyer must provide legal assistance in accordance with the referral certificate.

4.15Ceasing to provide legal assistance

(1)
A Pro Bono lawyer may cease to provide legal assistance to the assisted party only:
(a)
with the assisted party’s written agreement; or
(b)
with a Registrar’s permission under rule 4.16.
(2)
If paragraph (1)(a) applies, the Pro Bono lawyer must, within 7 days after receiving the agreement, give a Registrar a copy of the agreement.

4.16Application for Registrar’s permission to cease providing legal assistance

(1)
A Pro Bono lawyer may apply to a Registrar for permission to cease to provide legal assistance to a party.
(2)
An application must be in writing and include the reasons for making the application.
(3)
The Pro Bono lawyer must give a copy of the application only to the assisted party.
(4)
The application:
(a)
will be treated as confidential; and
(b)
will not be treated as part of the proceeding; and
(c)
will not be included on the Court file of the proceeding.
(5)
A Registrar may consider the application without further notice to the assisted party.
(6)
In considering an application, a Registrar will take into account the following:
(a)
whether the Pro Bono lawyer would be likely to be able to cease to provide legal assistance to the assisted party under any practice rules governing professional conduct applying to the lawyer;
(b)
any conflict of interest that the Pro Bono lawyer may have;
(c)
whether there is a substantial disagreement between the Pro Bono lawyer and the assisted party about the conduct of the litigation;
(d)
any view of the Pro Bono lawyer:
(i)
that the assisted party’s case is not well founded in fact or law; or
(ii)
that the assisted party’s prosecution of the litigation is an abuse of process;
(e)
whether the Pro Bono lawyer lacks the time to provide adequate legal assistance to the assisted party because of other professional commitments;
(f)
whether the assisted party has refused or failed to pay any disbursements requested under rule 4.18;
(g)
whether it is unfair to require the Pro Bono lawyer to continue to provide legal assistance to the assisted party;
(h)
any other relevant matter.

4.17Cessation of referral certificate

A referral certificate ceases to have effect if:
(a)
it is not accepted by a lawyer within 28 days after the referral; or
(b)
a Pro Bono lawyer has provided the legal assistance mentioned in the referral certificate; or
(c)
a Pro Bono lawyer has ceased to provide legal assistance under rule 4.15; or
(d)
the proceeding to which the referral certificate relates is finalised or transferred to another court.

4.18Disbursements

A Pro Bono lawyer may ask the assisted party to pay any disbursements reasonably incurred, or reasonably to be incurred, by the Pro Bono lawyer on behalf of the assisted party in relation to the legal assistance.

4.19Professional fees

(1)
A Pro Bono lawyer must not seek or recover professional fees from an assisted party unless the Pro Bono lawyer and the assisted party have entered into a costs agreement.
(2)
The costs agreement must provide that the Pro Bono lawyer be entitled to charge and the assisted party is liable to pay professional fees only:
(a)
if an order for costs is made in favour of the assisted party; and
(b)
to the extent that the party against whom the order for costs is made in fact pays the costs.
(3)
If a costs agreement is entered into, the Court may order a party against whom an order for costs is made to pay the costs, including any disbursements incurred under rule 4.18, directly to the Pro Bono lawyer instead of the assisted party.
(4)
A payment made to the Pro Bono lawyer under subrule (3) satisfies, to the extent of that payment, the order for costs made in favour of the assisted party.

Part 5Court supervision of proceedingsDivision 5.1Attendance and directions5.01Parties to attend hearings

A party, or the party’s lawyer, must attend any hearing for a proceeding.

5.02Parties to file notice of address for service

A respondent who has been served with an originating application must file a notice of address for service, in accordance with Form 10, before the first directions hearing or the hearing, whichever is the earlier.
Note: Rule 11.01 contains requirements in relation to the address for service.

5.03Respondent’s genuine steps statement

(1)
If an applicant has filed a genuine steps statement the respondent must file the respondent’s genuine steps statement, in accordance with Form 11, before the first directions hearing or the hearing, whichever is the earlier.
(2)
The respondent’s genuine steps statement must comply with section 7 of the Civil Dispute Resolution Act.
(3)
The respondent’s genuine steps statement must be no more than 2 pages.
Note 1: Civil Dispute Resolution Actis defined in the Dictionary.
Note 2: Rule 8.02 requires an applicant in a proceeding to which the Civil Dispute Resolution Act applies to file an applicant’s genuine dispute resolution statement at the same time as the originating application is filed.

5.04Making directions

(1)
At any hearing, the Court may make directions for the management, conduct and hearing of a proceeding.
Note: Direction is defined in the Dictionary.
(3)
Without limiting subrule (1), the Court may make a direction mentioned in the following table.

Item	A direction in relation to…
1	The defining of the issues by pleadings or otherwise
2	The proceeding continuing or becoming an expedited proceeding
3	The standing of affidavits as pleadings
4	The proceeding to continue on affidavits even though the originating application is supported by a statement of claim
5	The filing of affidavits
6	Amendments to an originating application and pleadings
7	The mode and sufficiency of service
8	The joinder of parties
9	The giving of particulars
10	Discovery and inspection of documents
11	Interrogatories
12	Admissions of fact or of documents

13	Inspection of real or personal property
14	The appointment of a court expert
15	The disclosure and exchange of reports of experts
16	The number of expert witnesses to be called
17	The parties jointly instructing an expert to provide a report of the expert’s opinion in relation to a particular issue in the proceeding
18	Requiring experts who are to give or have given reports to meet for the purpose of identifying and addressing the issues in dispute between the experts
19	An expert’s opinion to be received by way of submission, and the manner and form of that submission, whether or not the opinion would be admissible as evidence
20	The giving of evidence at the hearing, including whether the evidence in chief of witnesses is to be given orally or by affidavit or both
21	The filing and exchange of signed statements of evidence and outlines of evidence of intended witnesses and their use in evidence at the hearing
22	The number of witnesses to be called
23	The evidence of a particular fact or facts being given at the hearing: (a) by statement on oath on information and belief; or (b) by production of documents or entries in books; or (c) by copies of documents or entries; or (d) otherwise
24	The manner in which documentary evidence is to be presented at the hearing
25	The number of documents to be tendered
26	The providing and limiting of written submissions
27	The taking of evidence and receipt of submissions by video link, audio link, electronic communication or other means that the Court considers appropriate
28	The proportion in which the parties are to bear the costs (if any) of taking evidence or making submissions in accordance with a direction mentioned in item 27
29	The attendance by parties before a Registrar for a conference: (a) to satisfy the Registrar that all reasonable steps for achieving a negotiated outcome of the proceeding have been taken; or (b) to clarify the real issues in dispute so that appropriate directions may be made: (i) for the disposition of the matter; or (ii) to shorten the time taken in preparation for, and at, the trial
30	The use of mediation, arbitration or an ADR process to assist in the conduct and resolution of all or part of the proceeding
31	Referring the proceeding, or a matter arising out of the proceeding, to an arbitrator, a mediator or a suitable person for resolution by an ADR process
32	The attendance by parties at a case management conference with a Judge or Registrar to consider the most economic and efficient means of bringing the proceeding to trial and of conducting the trial
33	The place, time and mode of hearing
34	The transfer of the proceeding to another place at which there is a Registry
35	Costs

Note 1: If a proceeding is transferred under a direction mentioned in item 34 of the table, a Registrar at the place from which the proceeding is transferred will, on behalf of the District Registrar of that place, send all documents in the District Registrar’s custody relating to the proceeding to the District Registrar at the place to which the proceeding is transferred.
Note 2: A Registrar may exercise the power in this rule—see rule 3.01 and Schedule 2.
Note 3: A party may seek directions as to the conduct of a hearing or trial—see rule 30.23.

5.05Adjournment of directions hearing

The Court may adjourn a directions hearing from time to time.
Note: Directions hearing is defined in the Dictionary.

5.07Interlocutory orders

A party who wants to obtain an interlocutory order must make an application in accordance with rule 17.01.
Note: Part 17 deals with interlocutory applications.

5.08Hearing and determination of matter at directions hearing

A party may apply to the Court at a directions hearing:
(a)
to hear and determine the proceeding at the directions hearing; or
(b)
to dispose of an originating application or a cross‑claim at the directions hearing.

Rules 5.09–5.20 left blank

Division 5.2Orders on default5.21Self‑executing orders

A party may apply to the Court for an order that, unless another party does an act or thing within a certain time:
(a)
the proceeding be dismissed; or
(b)
the applicant’s statement of claim, or alternative accompanying document referred to in rule 8.05, be struck out; or
(c)
a pleading of the respondent be struck out; or
(d)
the party have judgment against the other party.

5.22When a party is in default

A party is in default if the party fails to:
(a)
do an act required to be done, or to do an act in the time required, by these Rules; or
(b)
comply with an order of the Court; or
(c)
attend a hearing in the proceeding; or
(d)
prosecute or defend the proceeding with due diligence.

5.23Orders on default

(1)
If an applicant is in default, a respondent may apply to the Court for an order that:
(a)
a step in the proceeding be taken within a specified time; or
(b)
the proceeding be stayed or dismissed for the whole or any part of the relief claimed by the applicant:
(i)
immediately; or
(ii)
on conditions specified in the order.
(2)
If a respondent is in default, an applicant may apply to the Court for:
(a)
an order that a step in the proceeding be taken within a specified time; or
(b)
if the claim against the respondent is for a debt or liquidated damages—an order giving judgment against the respondent for:
(i)
the debt or liquidated damages; and
(ii)
if appropriate, interest and costs in a sum fixed by the Court or to be taxed; or
(c)
if the proceeding was started by an originating application supported by a statement of claim or an alternative accompanying document referred to in rule 8.05, or if the Court has ordered that the proceeding continue on pleadings—an order giving judgment against the respondent for the relief claimed in the statement of claim or alternative accompanying document to which the Court is satisfied that the applicant is entitled; or
(d)
an order giving judgment against the respondent for damages to be assessed, or any other order; or
(e)
an order mentioned in paragraph (b), (c) or (d) to take effect if the respondent does not take a step ordered by the Court in the proceeding in the time specified in the order.
Note 1: The Court may make any order that the Court considers appropriate in the interests of justice—see rule 1.32.
Note 2: An order or judgment under this Division may be set aside or varied.

5.24Contempt

This Division does not limit the power of the Court to punish for contempt.

Part 6Court supervision of parties and other personsDivision 6.1Vexatious proceedings6.01Scandalous, vexatious or oppressive matter

If a document filed in a proceeding contains matter that is scandalous, vexatious or oppressive, a party may apply to the Court for an order that:
(a)
the document be removed from the Court file; or
(b)
the matter be struck out of the document.

6.02Certificate of vexatious proceedings order

(1)
A person who wants the Chief Executive Officer to issue a certificate under subsection 37AP(1) of the Act must make the request in writing and include in the request:
(a)
the person’s name and address; and
(b)
the person’s interest in making the application.
(2)
The request must be lodged in the District Registry in which the vexatious proceedings order was made.
(3)
The certificate will state:
(a)
the name of the person subject to the vexatious proceedings order; and
(b)
if applicable, the name of the person who applied for the vexatious proceedings order; and
(c)
the date on which the vexatious proceedings order was made; and
(d)
the orders made by the Court.

6.03Application for leave to institute proceedings

An application under subsection 37AR(2) of the Act for leave to institute a proceeding that is subject to a vexatious proceedings order must be made:
(a)
in accordance with Form 2; and
(b)
without notice to any other person.
Note 1: See subsection 37AR(2) of the Act for the right of a person who is subject to a vexatious proceedings order to apply to the Court to institute a proceeding.
Note 2: See subsection 37AR(3) of the Act for the contents of the affidavit that must be filed with the application.

Rules 6.04–6.10 left blank

Division 6.2Use of communication and recording devices in Court6.11Use of communication device or recording device in place where hearing taking place

(1)
In this rule:
communication device includes a mobile telephone, audio link, video link or any other electronic communication equipment.
recording device means a device that is capable of being used to record images or sound, including a camera, tape recorder, video recorder, mobile telephone or digital audio recorder.
(2)
A person must comply with any directions made by the Court at the hearing of any proceeding in the Court relating to the use of a communication device or recording device.
(3)
A person must not use a recording device for the purpose of recording or making a transcript of the evidence or submissions in a hearing in the Court.
(4)
A person must not use a communication device or a recording device that might:
(a)
disturb a hearing in the Court; or
(b)
cause any concern to a witness or other participant in the hearing; or
(c)
allow a person who is not present in the Court to receive information about the proceeding or the hearing to which the person is not entitled.
Note 1: The Court may have regard to any relevant matter, including the following:
(a) why the person needs to use the device in the hearing;
(b) if an order has been given excluding one or more witnesses from the Court—whether there is a risk that the device could be used to brief a witness out of court;
(c) whether the use of the device would disturb the hearing or distract or cause concern to a witness or other participant in the hearing.
Note 2: The Court may dispense with compliance with this rule—see rule 1.34.

6.12Contempt

Rule 6.11does not limit the powers of the Court to punish for contempt.

Chapter 2—Original jurisdictionproceedings generallyPart 7Orders before start of a proceedingDivision 7.1Injunctions, preservation of property and receivers7.01Order before start of proceeding

(1)
If a matter is urgent, a person who intends to start a proceeding (a prospective applicant) may apply to the Court, without notice, as if the prospective applicant had started the proceeding and the application had been made in the proceeding, for an order:
(a)
granting an injunction; or
(b)
if the matter relates to property:
(i)
for the detention, custody, preservation or inspection of the property; and
(ii)
to authorise any person to enter any land, or do any other act or thing, for the purpose of giving effect to the order; or
(c)
if the matter relates to the right of a prospective applicant to an amount in a fund—that the amount in the fund be paid into Court or otherwise secured; or
(d)
appointing a receiver with the power of a receiver and manager.
(2)
An application mentioned in subrule (1) must be in accordance with Form 12 and accompanied by an affidavit stating the facts on which the prospective applicant relies.
(3)
A prospective applicant seeking an order under this rule must give an undertaking to the Court to start a proceeding in relation to the subject matter of the application within 14 days after the application has been determined.
Note: Without notice is defined in the Dictionary.

Rules 7.02–7.10 left blank

Division 7.2Approval of agreement for person under a legal incapacity7.11Compromise or settlement of matter before proceeding

(1)
If a claim that is enforceable by a proceeding in the Court is made by, for or against a person under a legal incapacity, an interested person may apply to the Court for an order:
(a)
approving an agreement made by or for the person for compromise or settlement of the claim before any proceeding is started; and
(b)
enforcing the claim.
Note 1: Interested person and person under a legal incapacity are defined in the Dictionary.
Note 2: Division 9.6 deals with a proceeding by or against a person under a legal incapacity.
(2)
An application must be:
(a)
in accordance with Form 13; and
(b)
accompanied by the following:
(i)
an affidavit stating the material facts on which the application relies;
(ii)
the agreement that is sought to be approved;
(iii)
an opinion of an independent lawyer that the agreement is in the best interests of the person under a legal incapacity.
(3)
The Court may, as a condition of an approval, require that any money or other property payable for the benefit of a person under a legal incapacity be dealt with by way of a settlement or in any other way that the Court considers appropriate.
Note: The Court may give approval subject to conditions—see rule 1.33.
(4)
If the Court does not approve the agreement, the agreement is not binding on the person under a legal incapacity.

Rules 7.12–7.20 left blank

Division 7.3Preliminary discovery7.21Definitions for Division 7.3

In this Division:
prospective applicant means a person who reasonably believes that there may be a right for the person to obtain relief against another person who is not presently a party to a proceeding in the Court.
prospective respondent means a person, not presently a party to a proceeding in the Court, against whom a prospective applicant reasonably believes the prospective applicant may have a right to obtain relief.

7.22Order for discovery to ascertain description of respondent

(1)
A prospective applicant may apply to the Court for an order under subrule (2) if the prospective applicant satisfies the Court that:
(a)
there may be a right for the prospective applicant to obtain relief against a prospective respondent; and
(b)
the prospective applicant is unable to ascertain the description of the prospective respondent; and
(c)
another person (the other person):
(i)
knows or is likely to know the prospective respondent’s description; or
(ii)
has, or is likely to have, or has had, or is likely to have had, control of a document that would help ascertain the prospective respondent’s description.
(2)
If the Court is satisfied of the matters mentioned in subrule (1), the Court may order the other person:
(a)
to attend before the Court to be examined orally only about the prospective respondent’s description; and
(b)
to produce to the Court at that examination any document or thing in the person’s control relating to the prospective respondent’s description; and
(c)
to give discovery to the prospective applicant of all documents that are or have been in the person’s control relating to the prospective respondent’s description.
Note 1: Control and description are defined in the Dictionary.
Note 2: For how discovery is to be made, see rule 7.25.
(3)
The prospective applicant must provide the person with sufficient conduct money to permit the person to travel to the Court.
Note: Conduct money is defined in the Dictionary.

7.23Discovery from prospective respondent

(1)
A prospective applicant may apply to the Court for an order under subrule (2) if the prospective applicant:
(a)
reasonably believes that the prospective applicant may have the right to obtain relief in the Court from a prospective respondent whose description has been ascertained; and
(b)
after making reasonable inquiries, does not have sufficient information to decide whether to start a proceeding in the Court to obtain that relief; and
(c)
reasonably believes that:
(i)
the prospective respondent has or is likely to have or has had or is likely to have had in the prospective respondent’s control documents directly relevant to the question whether the prospective applicant has a right to obtain the relief; and
(ii)
inspection of the documents by the prospective applicant would assist in making the decision.
(2)
If the Court is satisfied about matters mentioned in subrule (1), the Court may order the prospective respondent to give discovery to the prospective applicant of the documents of the kind mentioned in subparagraph (1)(c)(i).

7.24Procedure for applications under this Division

(1)
A prospective applicant who wants to make an application under rule 7.22 or 7.23 must:
(a)
for an application under rule 7.22—file an originating application, in accordance with Form 14A; or
(b)
for an application under rule 7.23—file an originating application, in accordance with Form 14.
(2)
An application must be accompanied by an affidavit:
(a)
stating the facts on which the prospective applicant relies; and
(b)
identifying, as precisely as possible, the documents or categories of documents to which the application relates.
(3)
A copy of the application and affidavit must be served personally on each person against whom the order is sought.

7.25List of documents

If a person is ordered to give discovery under rule 7.22 or 7.23, the person must file a list of documents in accordance with rule 20.17.
Note: For the requirements for a list of documents, see rule 20.17.

7.26Privilege

An order made under this Division does not require the person against whom the order is made to produce any document that, on the ground of privilege, the person could not be required to produce if the prospective applicant had started a proceeding against the person or made the person a party to the proceeding.

7.27Inspection of documents

(1)
If a document is discovered in accordance with this Division, the prospective applicant may apply to the Court to have the document produced for inspection.
(2)
Division 20.3, with any necessary modification, applies to the inspection of the documents mentioned in a list of documents made and served in accordance with this Division as if the list were a list of documents as mentioned in rule 20.17.

7.28Copying of documents produced for inspection

A prospective applicant to whom a document is produced for inspection may, at the prospective applicant’s own expense, copy or make an electronic image of the document subject to any reasonable conditions imposed by the person producing the document.

7.29Costs

A person against whom an order is sought or made under this Division may apply to the Court for an order that:
(a)
the prospective applicant give security for the person’s costs and expenses including:
(i)
the costs of giving discovery and production; and
(ii)
the costs of complying with an order made under this Division; and
(b)
the prospective applicant pay the person’s costs and expenses.
Note: Part 40 deals with costs and Division 40.2 deals with taxation of costs.

Rule 7.30 left blank

Division 7.4Freezing orders

Note: This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.

7.31Definitions for Division 7.4

In this Division:
ancillary orderhas the meaning given by rule 7.33.
another court means a court outside Australia or a court in Australia other than the Court.
applicant means a person who applies for a freezing order or an ancillary order.
freezing order has the meaning given by rule 7.32.
judgment includes an order.
respondent means a person against whom a freezing order or an ancillary order is sought or made.

7.32Freezing order

(1)
The Court may make an order (a freezing order), with or without notice to a respondent, for the purpose of preventing the frustration or inhibition of the Court’s process by seeking to meet a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied.
(2)
A freezing order may be an order restraining a respondent from removing any assets located in or outside Australia or from disposing of, dealing with, or diminishing the value of, those assets.
Note: Without noticeis defined in the Dictionary.

7.33Ancillary order

(1)
The Court may make an order (an ancillary order) ancillary to a freezing order or prospective freezing order as the Court considers appropriate.
(2)
Without limiting the generality of subrule (1), an ancillary order may be made for either or both of the following purposes:
(a)
eliciting information relating to assets relevant to the freezing order or prospective freezing order;
(b)
determining whether the freezing order should be made.

7.34Order may be against person not a party to proceeding

The Court may make a freezing order or an ancillary order against a person even if the person is not a party in a proceeding in which substantive relief is sought against the respondent.

7.35Order against judgment debtor or prospective judgment debtor or third party

(1)
This rule applies if:
(a)
judgment has been given in favour of an applicant by:
(i)
the Court; or
(ii)
for a judgment to which subrule (2) applies—another court; or
(b)
an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in:
(i)
the Court; or
(ii)
for a cause of action to which subrule (3) applies—another court.
(2)
This subrule applies to a judgment if there is a sufficient prospect that the judgment will be registered in or enforced by the Court.
(3)
This subrule applies to a cause of action if:
(a)
there is a sufficient prospect that the other court will give judgment in favour of the applicant; and
(b)
there is a sufficient prospect that the judgment will be registered in or enforced by the Court.
(4)
The Court may make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor if the Court is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because any of the following might occur:
(a)
the judgment debtor, prospective judgment debtor or another person absconds;
(b)
the assets of the judgment debtor, prospective judgment debtor or another person are:
(i)
removed from Australia or from a place inside or outside Australia; or
(ii)
disposed of, dealt with or diminished in value.
(5)
The Court may make a freezing order or an ancillary order or both against a person other than a judgment debtor or prospective judgment debtor (a third party) if the Court is satisfied, having regard to all the circumstances, that:
(a)
there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because:
(i)
the third party holds or is using, or has exercised or is exercising, a power of disposition over assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or
(ii)
the third party is in possession of, or in a position of control or influence concerning, assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or
(b)
a process in the Court is or may ultimately be available to the applicant as a result of a judgment or prospective judgment, under which process the third party may be obliged to disgorge assets or contribute toward satisfying the judgment or prospective judgment.
(6)
Nothing in this rule affects the power of the Court to make a freezing order or ancillary order if the Court considers it is in the interests of justice to do so.

7.36Jurisdiction

Nothing in this Division diminishes the inherent, implied or statutory jurisdiction of the Court to make a freezing order or ancillary order.

7.37Service outside Australia of application for freezing order or ancillary order

An application for a freezing order or an ancillary order may be served on a person who is outside Australia (whether or not the person is domiciled or resident in Australia) if any of the assets to which the order relates are within the jurisdiction of the Court.

7.38Costs

(1)
The Court may make any order as to costs as it considers appropriate in relation to an order made under this Division.
(2)
Without limiting the generality of subrule (1), an order as to costs includes an order as to the costs of any person affected by a freezing order or ancillary order.

Rules 7.39–7.40 left blank

Division 7.5Search orders

Note: This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.

7.41Definitions for Division 7.5

In this Division:
applicant means an applicant for a search order.
described includes described generally whether by reference to a class or otherwise.
premises includes a vehicle or vessel of any kind.
respondent means a person against whom a search order is sought or made.
search order has the meaning given by rule 7.42.

7.42Search order

The Court may make an order (a search order), in any proceeding or in anticipation of any proceeding in the Court, with or without notice to the respondent, for the purpose of securing or preserving evidence and requiring a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in the proceeding or anticipated proceeding.
Note: Without noticeis defined in the Dictionary.

7.43Requirements for grant of search order

The Court may make a search order if the Court is satisfied that:
(a)
an applicant seeking the order has a strong prima facie case on an accrued cause of action; and
(b)
the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
(c)
there is sufficient evidence in relation to a respondent that:
(i)
the respondent possesses important evidentiary material; and
(ii)
there is a real possibility that the respondent might destroy such material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the Court.

7.44Jurisdiction

Nothing in this Division diminishes the inherent, implied or statutory jurisdiction of the Court to make a search order.

7.45Terms of search order

(1)
A search order may direct each person who is named or described in the order:
(a)
to permit, or arrange to permit, other persons named or described in the order:
(i)
to enter premises specified in the order; and
(ii)
to take any steps that are in accordance with the terms of the order; and
(b)
to provide, or arrange to provide, other persons named or described in the order with any information, thing or service described in the order; and
(c)
to allow other persons named or described in the order to take and retain in their custody any thing described in the order; and
(d)
not to disclose any information about the order, for up to 3 days after the date the order was served, except for the purposes of obtaining legal advice or legal representation; and
(e)
to do or refrain from doing any act as the Court considers appropriate.
(2)
Without limiting the generality of subparagraph (1)(a)(ii), the steps that may be taken in relation to a thing specified in a search order include:
(a)
searching for, inspecting or removing the thing; and
(b)
making or obtaining a record of the thing or any information it may contain.
(3)
A search order may contain other provisions the Court considers appropriate.
(4)
In subrule (2):
record includes a copy, photograph, film or sample.

7.46Independent lawyers

(1)
If the Court makes a search order, the Court must appoint one or more lawyers, each of whom is independent of the applicant’s lawyer, (the independent lawyers) to supervise the execution of the order, and to do any other acts or things in relation to the order that the Court considers appropriate.
(2)
The Court may appoint an independent lawyer to supervise execution of the order at any one or more premises, and a different independent lawyer or lawyers to supervise execution of the order at other premises, with each independent lawyer having power to do any other acts or things in relation to the order that the Court considers appropriate.

7.47Costs

(1)
The Court may make any order for costs that it considers appropriate in relation to an order made under this Division.
(2)
Without limiting the generality of subrule (1), an order for costs includes an order for the costs of any person affected by a search order.

Part 8Starting proceedingsDivision 8.1Originating applications8.01Starting proceeding – application

(1)
A person who wants to start a proceeding in the Court’s original jurisdiction must file an originating application, in accordance with Form 15.
(2)
An originating application must include:
(a)
the applicant’s name and address; and
(b)
the applicant’s address for service; and
(c)
if an applicant sues in a representative capacity—a statement of that fact.
Note: The originating application must have the applicant’s address for service—see rule 11.01.
(3)
If an originating application states that the applicant is represented by a lawyer:
(a)
the lawyer must, if requested in writing by a respondent, declare in writing whether the lawyer filed the originating application; and
(b)
if the lawyer declares in writing that the lawyer did not file the originating application, the respondent may apply to the Court to stay the proceeding.
Note: File is defined in the Dictionary as meaning file and serve.

8.02Applicant’s genuine steps statement

(1)
If Part 2 of the Civil Dispute Resolution Act applies to a proceeding, the applicant must, when filing the applicant’s originating application, file the applicant’s genuine steps statement, in accordance with Form 16.
(2)
The applicant’s genuine steps statement must comply with section 6 of the Civil Dispute Resolution Act.
(3)
The applicant’s genuine steps statement must be no more than 2 pages.
Note 1: Civil Dispute Resolution Act is defined in the Dictionary.
Note 2: A party who wants to start a proceeding must have regard to the Civil Dispute Resolution Act before starting that proceeding to determine whether the Civil Dispute Resolution Act applies to the proceeding that the party wants to start.
Note 3: A lawyer must comply with section 9 of the Civil Dispute Resolution Act, if that Act applies to the proceeding.

8.03Application to state relief claimed

(1)
An originating application must state:
(a)
the relief claimed; and
(b)
if the relief is claimed under a provision of an Act—the Act and the provision under which the relief is claimed.
(2)
An originating application claiming relief of the kind mentioned in column 2 of following table must state the details mentioned in column 3 of the table.

Item	Relief sought	Details
1	Interlocutory relief	The interlocutory order sought
2	An injunction	The order sought
3	A declaration	The declaration sought
4	Exemplary damages	The claim for exemplary damages

(3)
The originating application need not include a claim for costs.

8.04Application starting migration litigation to include certificate

(1)
For section 486I of the Migration Act 1958, a lawyer may file an originating application starting migration litigation only if the application includes a certificate in accordance with the certificate contained in Form 15, signed by the lawyer.
Note 1: See section 486I of the Migration Act 1958.
Note 2: The Court will refuse to accept an originating application unless a certificate is provided in accordance with this subrule.
(2)
In this rule:
lawyer has the meaning given by section 5 of the Migration Act 1958.
Note: Migration litigation is defined in the Dictionary.

8.05Accompanying document for originating application

(1)
An originating application seeking relief that includes damages must be accompanied by:
(a)
unless paragraph (b) or (c) applies—a statement of claim; or
(b)
if a practice note issued by the Chief Justice requires the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document; or
(c)
if a practice note issued by the Chief Justice permits the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document or a statement of claim.
(2)
An originating application seeking relief that does not include damages must be accompanied by:
(a)
unless paragraph (b) or (c) applies—a statement of claim or an affidavit; or
(b)
if a practice note issued by the Chief Justice requires the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document; or
(c)
if a practice note issued by the Chief Justice permits the originating application to be accompanied by an alternative accompanying document—the alternative accompanying document, a statement of claim or an affidavit.
Note 1: A practice note issued by the Chief Justice may require or permit an alternative accompanying document to accompany an originating application by:
(a) expressly requiring or permitting the alternative accompanying document to accompany the originating application; or
(b) referring to another document that requires or permits the alternative accompanying document to accompany the originating application.
Note 2: When an originating application and accompanying document are filed, a Registrar will fix a return date and place for hearing and endorse those details on the application.
Note 3: If the Court has made an order shortening the time for service of the application, a Registrar will endorse details of the order on the application.
(3) A statement of claim mentioned in this rule must be in accordance with Form 17.
(4) An affidavit mentioned in subrule (2) must state the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at trial.
Note 1: For the content of a statement of claim, see Division 16.1.
Note 2: For the content of an alternative accompanying document, see rule 16.13.
(5) This rule has effect subject to any other rule of the Court.
Note 1: For some special classes of proceedings, requirements for the documents that must accompany an originating application are found in Chapter 3.
Note 2: This rule does not apply to initiating process in proceedings under the Admiralty Act 1988—see the Admiralty Rules 1988.

8.06Service of originating documents

The applicant must, as soon as practicable and at least 5 days before the first directions hearing or the hearing, whichever is the earlier, serve a copy of the following personally on each respondent named in the originating application:
(a)
the originating application;
(b)
each other document required to accompany the application by rule 8.05 or any other rule of the Court.
Note 1: The Court may extend or shorten the time for service—see rule 1.39.
Note 2: Division 10.1 deals with personal service.
Note 3: Service should generally be effected as soon as practicable after filing (which may be immediately).

8.07Changing return date

(1)
If an originating application has not been served, a party may apply to a Registrar to change the return date fixed in the originating application.
(1A)
An application to change the return date may be made by sending, in accordance with rule 2.23, an amended originating application by electronic communication to a Registry for filing.
Note 1: If an application to change the return date is made in accordance with this subrule and a Registrar changes the return date, a Registrar will insert a notice of filing and hearing that shows the changed return date as the first page of the amended originating application (see rule 2.24).
Note 2: File is defined in the Dictionary as meaning file and serve.
(2)
If:
(a)
an application to change the return date is made otherwise than by sending an amended originating application by electronic communication to a Registry for filing; and
(b)
a Registrar changes the return date;
the applicant must change the return date endorsed on the copy of the application that is to be served.
(3)
This rule does not apply to a proceeding to which the Corporations Rules apply if a public notice or advertisement is required under those Rules or under an order made by the Court in the proceeding.

Rules 8.08–8.10 left blank

Division 8.2Notice of constitutional matter8.11Notice of constitutional matter

(1)
In this Division:
constitutional matter means a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903.
(2)
If a proceeding in the Court involves a constitutional matter, the party who has raised the matter must file a notice in the proper Registry, in accordance with Form 18, stating:
(a)
briefly but specifically, the nature of the constitutional matter; and
(b)
the facts showing that the matter is one to which this rule applies.

8.12Service of notice

(1)
The party filing the notice must:
(a)
serve a copy of the notice on:
(i)
each person as required by section 78B of the Judiciary Act 1903; and
(ii)
each other party; and
(b)
as soon as practicable after serving the notice, file an affidavit of service; and
(c)
give a copy of each document filed in the proceeding relevant to the constitutional matter (whether filed before or after the notice) to any Attorney‑General who has intervened, as soon as practicable after notice of the intervention is given to the party.
(2)
The notice must be served:
(a)
if the matter arises in any originating application—within 7 days after the day the application is filed; or
(b)
if the matter arises in any pleading—within 7 days after the pleading is filed; or
(c)
if the matter arises before the date fixed for a hearing of a proceeding and paragraph (a) or (b) does not apply—not later than 14 days before the date fixed for the hearing; or
(d)
in any other case—within the time that the Court directs.
Note: For the Court’s powers when a constitutional matter arises, see sections 78B(2) and (5) of the Judiciary Act 1903.

Rules 8.13–8.20 left blank

Division 8.3Amendments to an originating application8.21Amendment generally

(1)
An applicant may apply to the Court for leave to amend an originating application for any reason, including:
(a)
to correct a defect or error that would otherwise prevent the Court from determining the real questions raised by the proceeding; or
(b)
to avoid the multiplicity of proceedings; or
(c)
to correct a mistake in the name of a party to the proceeding; or
(d)
to correct the identity of a party to the proceeding; or
(e)
to change the capacity in which the party is suing in the proceeding, if the changed capacity is one that the party had when the proceeding started, or has acquired since that time; or
(f)
to substitute a person for a party to the proceeding; or
(g)
to add or substitute a new claim for relief, or a new foundation in law for a claim for relief, that arises:
(i)
out of the same facts or substantially the same facts as those already pleaded to support an existing claim for relief by the applicant; or
(ii)
in whole or in part, out of facts or matters that have occurred or arisen since the start of the proceeding.
Note: For paragraph (1)(b) and the avoidance of multiplicity of proceedings, see section 22 of the Act.
(2)
An applicant may apply to the Court for leave to amend an originating application in accordance with paragraph (1)(c), (d), (e) or subparagraph (g)(i) even if the application is made after the end of any relevant period of limitation applying at the date the proceeding was started.
(3)
However, an applicant must not apply to amend an originating application in accordance with subparagraph (1)(g)(ii) after the time within which any statute that limits the time within which a proceeding may be started has expired.
Note 1: Applicant, claimand originating applicationare defined in the Dictionary.
Note 2: For the Court’s power to make rules amending a document, see section 59(2B) of the Act.
Note 3: Rule 9.05 deals with joinder of parties by court order.

8.22Date on which amendment to substitute a party takes effect

If an originating application is amended with the effect that another person is substituted as a party to the proceeding, the proceeding is to be taken to have started for that person on the day the originating application is amended or as otherwise ordered by the Court.

8.23Procedure for making amendment

(1)
An applicant given leave to amend an originating application must, if reasonably practicable to do so:
(a)
make the alterations on the originating application; and
(b)
write on the originating application the following information:
(i)
the date on which the amendment is made;
(ii)
the date on which the order permitting the amendment was made.
(2)
If the amendments to the originating application are so numerous or lengthy to make it difficult to read, or if the originating application was lodged by electronic communication, the applicant must file an amended originating application that:
(a)
incorporates and distinguishes the amendments; and
(b)
is marked with the information mentioned in subrule (1).

(a)
having regard to the lawyer’s skill and experience; and
(b)
having regard to the complexity of the matter or the difficulty or novelty of the questions involved.
1.2
Where any attendance referred to in item 1.1 is capable of performance by a law graduate or articled clerk for each unit of 6 minutes: $28.
1.3
Attendances capable of performance by a clerk or paralegal—for each unit of 6 minutes: $14.

Preparing documents

2.1
All documents, whether in printed form or otherwise (but excluding correspondence)—for each 100 words: $71.
2.2
Correspondence (including letters, emails, text messages and instant messaging)—up to 50 words: $28.
2.3
Correspondence (including letters, emails, text messages and instant messaging)—up to 100 words: $57.
2.4
Correspondence (including letters, emails, text messages and instant messaging)—over 100 words: in accordance with item 2.1.
2.5
Bill of costs—at the discretion of the taxing officer.

Reading

3.1
All documents, whether in printed form or otherwise (but excluding correspondence falling within item 3.2 or 3.3): in accordance with item 1, or at the discretion of the taxing officer, having regard to the number of pages read.
3.2
Correspondence (including letters, emails, text messages and instant messaging)—up to 50 words: $22.
3.3
Correspondence (including letters, emails, text messages and instant messaging)—up to 100 words: $44.

Delegation and supervision

4.1
Where it is appropriate for more than one lawyer to be involved in the conduct of the matter, allowance may be made for attendances to delegate or supervise: in accordance with item 1.

Research

5.1
Where it is appropriate to research a legal question of some complexity that is not procedural in nature: in accordance with item 1.

Electronic document management

6.1
Database creation, database administration (including establishing design and agreement of protocols), database design and implementation: in accordance with item 1.2.
6.2 Document preparation and document description (including necessary redaction and duplication), in compliance with the Federal Court Practice Note dealing with the use of technology in the management of discovery and conduct of litigation: in accordance with item 1, having regard to the complexity of the issues involved.
6.3
Imaging of documents to searchable format including rendering to PDF and scanning where necessary: in accordance with item 1.3.
6.4
Publishing including:
(a)
electronic exchange and discovery; and
(b)
write‑to CD/CD ROM/USB or other agreed media: in accordance with item 1.3.

Masking

7.1
Masking documents:
(a)
if the taxing officer is satisfied that the masking required the skill of a lawyer—in accordance with item 1.1;
(b)
otherwise—in accordance with item 1.3.

Collation, pagination and indexing

8.1
Collation (including collation for the purposes of copying), pagination and indexing of documents for the purposes of discovery, inspection, briefs to counsel, instruction to expert witnesses, court books, appeal books, exhibits or annexures to court documents or similar (but excluding maintaining files)—in accordance with item 1.3, or at the discretion of the taxing officer, having regard to the number of pages and the number of documents collated, paginated or indexed

Copying

9.1
Copying documents: at the discretion of the taxing officer.

Personal service

10.1
Personal service, inclusive of all attempts (where required): $142.

Skill care and responsibility

11.1 An additional amount may be allowed, having regard to all the circumstances of the case, including the following:
(a)
the complexity of the matter;
(b)
the difficulty or novelty of the questions involved in the matter;
(c)
the skill, specialised knowledge and responsibility involved and the time and labour expended by the lawyer;
(d)
the number and importance of the documents prepared and read, regardless of their length;
(e)
the amount or value of money or property involved;
(f)
research and consideration of questions of law and fact;
(g)
the general care and conduct of the lawyer, having regard to the lawyer’s instructions and all relevant circumstances;
(h)
the time within which the work was required to be done;
(i)
allowances otherwise made in accordance with this scale (including any allowances for attendances in accordance with item 1.1); and
(j)
any other relevant matter.
12
Where client not charged on a time costing basis
12.1
In matters where the lawyer has not charged the client on a time costing basis, items 1 to 11 above do not apply and a fair and reasonable amount will be allowed, having regard to:
(a)
the complexity of the matter;
(b)
the difficulty or novelty of the questions involved;
(c)
the skill, specialised knowledge and responsibility involved;
(d)
the work actually done by the lawyer;
(e)
the extent to which the work was reasonably necessary;
(f)
the period during which the work was done;
(g)
the time spent on performing the work;
(h)
the quality of the work;
(i)
the number and importance of the documents prepared and read, regardless of length;
(j)
the amount or value of money or property involved;
(k)
the terms of the costs agreement between the lawyer and client; and
(l)
any other relevant matter.

Corporations Act 2001—short form bills

13.1
Short form amount that may be claimed by a plaintiff on the making of a winding‑up order or on the dismissal of such an application, up to and including entry and service of the order under section 470 of the Corporations Act 2001 and the obtaining of a certificate of taxation: $5,056.
Additional costs are allowable for any adjournment in which costs have been reserved by the Court in accordance with this scale.

Bankruptcy Act 1966—short form bills

14.1
Short form amount that may be claimed by an applicant on the making of a sequestration order: $3,250.
Additional costs are allowable for any adjournment for which costs have been reserved by the Court in accordance with this scale.
14.2
Short form amount that may be claimed by an applicant on the dismissal of a petition: $2,797.
Additional costs are allowable for any adjournment for which costs have been reserved by the Court, in accordance with this scale.

Migration Act 1958—short form bills

15.1
Short form amount, including costs and disbursements, that may be claimed if an appeal or application is discontinued or dismissed before hearing: $5,489.
15.2
Short form amount, including costs and disbursements, that may be claimed if an appeal or application is discontinued or dismissed after hearing: $8,656.
15.3
Additional amount that may be claimed if a party is entitled to amount under subrule 40.43(2) or (3) in relation to an appeal and the court had, at a separate hearing, granted leave to appeal or an extension of time to start the appeal: $2,606.

Counsel’s fees

16.1
An amount may be allowed for counsel’s fees according to the circumstances of the case. That amount may be assessed by reference to the National Guide to Counsel Fees. The fees are to be claimed as a disbursement.
16.2
If a lawyer briefs another lawyer as counsel, the fees of the lawyer acting as counsel are to be assessed in accordance with item 16.1.

Witnesses’ expenses

17.1
Any witness (other than a party or an expert retained in accordance with Practice Note CM 7) may be allowed an amount equal to:
(a)
if the witness is paid by way of wages, any wages actually lost by reason of the witness’ attendance at court to give evidence; and
(b)
if the witness is paid by way of fees, any fees actually lost by reason of the witness’ attendance at court to give evidence, less a deduction in relation to discretionary overheads,
but not to exceed: $705 per day.
17.2
An expert may be allowed an amount equal to the expert’s actual fees for preparing to give evidence and of attending to give evidence.

Disbursements

18.1
All court fees and other fees and payments may be allowed in the amounts actually incurred.

Fees not here provided for

19.1
An amount may be allowed for work not otherwise contemplated by this Schedule.

Notes

20.1
Lawyer is defined in section 4 of the Federal Court of Australia Act 1976.
20.2
The rates specified at item 1.1 should not exceed the rates actually charged by the lawyer to the client. Accordingly, bills of costs should set out the hourly rate (or rates) actually charged by the lawyer.
20.3
The charge for preparing documents (item 2) is inclusive of typing, printing, posting, faxing and emailing, and any other administrative task relating to the preparation or transmission of a document, by whatever means. There is to be no charge for such administrative tasks.
20.4
There is no scale item for printing documents. Accordingly, litigants should not expect to recover the cost of this task.
20.5
The word count for correspondence in items 2.2, 2.3, 3.2 and 3.3 excludes any signature block, disclaimer or similar wording.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
ed = editorial change	rep = repealed
exp = expires/expired or ceases/ceased to have	rs = repealed and substituted
effect	s = section(s)/subsection(s)
gaz = gazette	/rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003	sch = Schedule(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given	SR = Statutory Rules
effect	sub ch = Sub‑Chapter(s)
(md not incorp) = misdescribed amendment	sub div = Subdivision(s)
cannot be given effect	sub pt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3Legislation history

Name		Registration	Commencement	Application, saving and transitional provisions
Federal Court Rules 2011 (SLI No. 134, 2011)		28 July 2011 (F2011L01551)	1 Aug 2011 (r 1.02)
Federal Court Amendment Rules 2013 (No. 1) (SLI No. 65, 2013)		8 May 2013 (F2013L00749)	Sch 2: 11 June 2013 (r 2(3)) Remainder: 9 May 2013 (r 2(1), (2))	—
Federal Court Amendment (Electronic Court File Measures No. 1) Rules 2013 (SLI No. 256, 2013)		25 Nov 2013 (F2013L01970)	26 Nov 2013 (r 2)	—
Federal Court Amendment (Costs and Other Measures) Rules 2013 (SLI No. 283, 2013)		2 Jan 2014 (F2014L00001)	Sch 1 (items 6, 7): 1 Jan 2014 (r 2(3)) Remainder: 3 Jan 2014 (r 2(1), (2))	—
Federal Court (Bankruptcy) Repeal Rules 2016	24 Mar 2016 (F2016L00383)		Sch 2 and 3: 1 Apr 2016 (r 2(1) item 1)	Sch 3
Federal Court Legislation Amendment (Criminal Proceedings) Rules 2016	9 Nov 2016 (F2016L01728)		Sch 2: 10 Nov 2016 (r 2(1) item 1)	—
Federal Court Amendment (Court Administration and Other Measures) Rules 2019	1 May 2019 (F2019L00665)		2 May 2019 (r 2(1) item 1)	—
Federal Court Legislation Amendment Rules 2022	12 Jan 2023 (F2023L00033)		Sch 1: 13 Jan 2023 (r 2(1) item 1)	—
Federal Court Legislation Amendment Rules 2024	4 June 2024 (F2024L00626)		Sch 1: 5 June 2024 (r 2(1) item 1)	—
Federal Court Amendment (2025 Measures No. 1) Rules 2025	19 Aug 2025 (F2025L00941)		2 Sept 2025 (r 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Chapter 1
Part 1
Division 1.1
r 1.02.........................................	rep LA s 48D
r 1.03.........................................	rep LA s 48C
r 1.04.........................................	am F2016L00383; F2016L01728; F2023L00033
Part 2
Division 2.1
r 2.01.........................................	am No 256, 2013; F2019L00665
Division 2.2
r 2.11.........................................	am No 256, 2013
r 2.14.........................................	am F2019L00665
Division 2.3
Division 2.3................................	am No 256, 2013
r 2.21.........................................	am No 256, 2013
r 2.22.........................................	am F2019L00665
r 2.23.........................................	am F2019L00665
r 2.24.........................................	am F2019L00665
r 2.25.........................................	am F2023L00033
r 2.28.........................................	ad No 256, 2013
r 2.29.........................................	ad No 256, 2013
Division 2.4
r 2.31.........................................	am F2019L00665
r 2.32.........................................	am No 65, 2013; F2019L00665; F2023L00033; F2025L00941
Division 2.5
r 2.41.........................................	am F2019L00665
Part 3
Part 3.........................................	am F2019L00665
Division 3.1
r 3.01.........................................	am F2016L00383; F2016L01728; F2019L00665; F2024L00626
r 3.05.........................................	am F2019L00665
Division 3.2
r 3.11.........................................	am F2019L00665
Part 4
Division 4.2
r 4.12.........................................	am F2019L00665
r 4.15.........................................	am F2019L00665
r 4.16.........................................	am F2019L00665
Part 5
Division 5.1
Division 5.1 heading....................	am F2025L00941
r 5.01.........................................	am F2019L00665
rs F2025L00941
r 5.02.........................................	am F2025L00941
r 5.03.........................................	am No 283, 2013; F2025L00941
r 5.04.........................................	am No 65, 2013; F2019L00665; F2025L00941
r 5.06.........................................	rep F2025L00941
Division 5.2
r 5.21.........................................	am F2019L00665
r 5.23.........................................	am F2019L00665
Part 6
Division 6.1
r 6.02.........................................	rs No 65, 2013
am F2019L00665
r 6.03.........................................	rs No 65, 2013
Chapter 2
Part 7
Division 7.2
r 7.11.........................................	am F2023L00033
Division 7.3
r 7.23.........................................	am No 65, 2013
r 7.24.........................................	am F2023L00033
r 7.28.........................................	am No 256, 2013
Part 8
Division 8.1
r 8.02.........................................	am No 283, 2013
r 8.05.........................................	rs F2019L00665
r 8.06.........................................	rs F2019L00665
am F2025L00941
r 8.07.........................................	am F2019L00665
Division 8.3
r 8.22.........................................	am F2023L00033
r 8.23.........................................	am No 256, 2013
Part 9
Division 9.1
r 9.02.........................................	rs F2023L00033
Division 9.6
r 9.63.........................................	am F2023L00033
r 9.64.........................................	am No 65, 2013
Part 10
Division 10.1
r 10.04.......................................	am No 65, 2013; No 283, 2013
r 10.07.......................................	rs F2024L00626
r 10.08.......................................	rs F2024L00626
Division 10.3
r 10.32.......................................	am F2023L00033
Division 10.4
Division 10.4..............................	rs F2023L00033
r 10.41.......................................	rs F2023L00033
r 10.42.......................................	rs F2023L00033
am F2024L00626
r 10.43.......................................	rs F2023L00033
am F2024L00626
r 10.43A.....................................	ad F2023L00033
r 10.43B.....................................	ad F2023L00033
r 10.43C.....................................	ad F2023L00033
am F2025L00941
r 10.43D.....................................	ad F2023L00033
r 10.44.......................................	rs F2023L00033
r 10.45.......................................	rs F2023L00033
r 10.46.......................................	rs F2023L00033
r 10.47.......................................	rs F2023L00033
r 10.48.......................................	rs F2023L00033
r 10.49.......................................	rs F2023L00033
Division 10.5
r 10.51.......................................	am F2019L00665; F2023L00033
r 10.52.......................................	am F2019L00665
Division 10.6
r 10.61.......................................	am F2019L00665; F2023L00033
r 10.64.......................................	am F2019L00665
r 10.66.......................................	am F2019L00665
r 10.67.......................................	am F2019L00665
r 10.74.......................................	am F2019L00665
r 10.76.......................................	am F2019L00665
Part 11
r 11.06.......................................	am F2025L00941
Part 13
r 13.01.......................................	am F2023L00033
Part 14
Division 14.3
r 14.25.......................................	am F2019L00665
Part 15
Division 15.1
r 15.02.......................................	am F2019L00665
r 15.06.......................................	am F2019L00665
Division 15.2
r 15.17.......................................	am F2019L00665
Part 16
Division 16.1
Division 16.1..............................	am F2019L00665
r 16.01A.....................................	ad F2019L00665
r 16.01.......................................	am F2019L00665
r 16.13.......................................	ad F2019L00665
Division 16.4
r 16.41A.....................................	ad F2019L00665
Division 16.5
r 16.53.......................................	am F2023L00033
r 16.54.......................................	am F2023L00033
r 16.59.......................................	am No 256, 2013
Part 17
r 17.01.......................................	am F2019L00665
Part 19
r 19.01.......................................	am No 65, 2013
r 19.02.......................................	rep No 65, 2013
Part 20
Division 20.2
r 20.13.......................................	am No 65, 2013
r 20.23.......................................	am No 65, 2013
Division 20.3
r 20.31.......................................	am No 65, 2013
r 20.32.......................................	am No 65, 2013
Part 23
Division 23.1
r 23.02.......................................

am No 65, 2013; F2019L00665
Division 23.2
Division 23.2..............................	am F2023L00033
r 23.13.......................................	am No 65, 2013
r 23.15.......................................	am No 65, 2013
Division 23.3
Division 23.3..............................	ad F2023L00033
r 23.21.......................................	ad F2023L00033
Part 24
Division 24.1
r 24.01.......................................	am F2019L00665
Division 24.2
r 24.17.......................................	am No 256, 2013; F2019L00665; F2023L00033
r 24.18.......................................	am F2019L00665
r 24.20.......................................	am F2019L00665
r 24.21.......................................	am F2019L00665; F2023L00033
r 24.24.......................................	am F2019L00665
Part 26
Division 26.2
r 26.12.......................................	am F2025L00941
Part 27
Division 27.1
Division 27.1..............................	rs F2023L00033
am F2024L00626
r 27.01.......................................	am F2019L00665
rs F2023L00033
r 27.02.......................................	ad F2023L00033
r 27.03.......................................	ad F2023L00033
Division 27.2 heading..................	am No 65, 2013
rep F2023L00033
Division 27.2..............................	rep F2023L00033
r 27.11.......................................	am No 65, 2013
rep F2023L00033
r 27.12.......................................	am No 65, 2013; F2019L00665
rep F2023L00033
r 27.13.......................................	am No 65, 2013; F2019L00665
rep F2023L00033
Division 27.3
r 27.21.......................................	am F2019L00665
r 27.23.......................................	am F2019L00665
Part 28
Division 28.3
r 28.21.......................................	am F2019L00665
Division 28.4
r 28.31.......................................	am F2019L00665
Division 28.5
Division 28.5..............................	am F2023L00033
r 28.43.......................................	am F2023L00033
r 28.44A.....................................	ad F2023L00033
r 28.45.......................................	am F2023L00033
r 28.45A.....................................	ad F2023L00033
r 28.46.......................................	am F2023L00033
r 28.48A.....................................	ad F2023L00033
Part 29
Division 29.2
r 29.12.......................................	am F2019L00665
r 29.20.......................................	am F2019L00665
r 29.22.......................................	am F2019L00665
Part 30
Division 30.1
Division 30.1..............................	am No 65, 2013
r 30.03.......................................	rep No 65, 2013
Division 30.3
Division 30.3..............................	am No 65, 2013
r 30.34.......................................	ad No 65, 2013
Division 30.4
r 30.41.......................................	am F2019L00665
r 30.44.......................................	am F2019L00665
Division 30.5
r 30.55.......................................	am F2019L00665
Chapter 3
Part 31
Division 31.1
r 31.05.......................................	am No 65, 2013
Division 31.3
r 31.24.......................................	am No 65, 2013
Part 32
Division 32.1
r 32.01.......................................	am F2019L00665
r 32.02.......................................	am F2019L00665
Division 32.2
r 32.11.......................................	am F2019L00665
r 32.12.......................................	am F2019L00665
r 32.15.......................................	am No 65, 2013
Part 33
Division 33.1
r 33.02.......................................	am F2019L00665
r 33.05.......................................	am F2019L00665
Division 33.2
r 33.11.......................................	am No 65, 2013; F2019L00665
r 33.12.......................................	am F2019L00665
r 33.13.......................................	am F2019L00665
r 33.17.......................................	am F2019L00665
r 33.18.......................................	am F2019L00665
r 33.24.......................................	am F2019L00665
r 33.26.......................................	am No 65, 2013
r 33.30.......................................	am No 65, 2013
Division 33.3
Division 33.3 heading..................	am F2019L00665
r 33.34.......................................	am F2019L00665
Part 34
Division 34.1
r 34.01.......................................	ed C8
am F2024L00626
r 34.03.......................................	am No 65, 2013; F2019L00665
r 34.04.......................................	am No 65, 2013; F2019L00665
r 34.05.......................................	am No 65, 2013; F2019L00665
r 34.05A.....................................	ad F2024L00626
r 34.07.......................................	am F2019L00665
Division 34.2..............................	rep F2016L01728
r 34.11.......................................	rep F2016L01728
r 34.12.......................................	rep F2016L01728
r 34.13.......................................	rep F2016L01728
r 34.14.......................................	rep F2016L01728
r 34.15.......................................	rep F2016L01728
r 34.16.......................................	rep F2016L01728
Division 34.3
r 34.24.......................................	am F2019L00665
r 34.42.......................................	am F2019L00665
r 34.43.......................................	am F2019L00665
r 34.44.......................................	am F2019L00665
r 34.45.......................................	am F2019L00665
Division 34.4
Division 34.4..............................	am No 65, 2013
r 34.63.......................................	am F2024L00626
r 34.69.......................................	am F2019L00665
Division 34.5
Division 34.5..............................	am F2024L00626
r 34.84.......................................	am F2019L00665
Division 34.5A...........................	exp 11 Oct 2013 (r 34.86A(4))
rep F2023L00033
r 34.86A.....................................	exp 11 Oct 2013 (r 34.86A(4))
rep F2023L00033
Division 34.6
r 34.92.......................................	am F2019L00665
r 34.94.......................................	am F2019L00665
Division 34.7
r 34.104.....................................	am F2019L00665
r 34.112.....................................	am F2019L00665
r 34.113.....................................	am F2019L00665
r 34.114.....................................	am F2019L00665
r 34.117.....................................	am F2019L00665
r 34.118.....................................	am F2019L00665
r 34.121.....................................	am F2019L00665
r 34.130.....................................	am F2019L00665
r 34.133.....................................	am F2019L00665
Division 34.8
r 34.163.....................................	am F2019L00665
Chapter 4
Part 35
Division 35.2
r 35.19.......................................	ed C7
r 35.21.......................................	am F2019L00665
Division 35.3
r 35.32.......................................	am No 65, 2013; F2016L01728
Division 35.4
r 35.41.......................................	am No 65, 2013; F2023L00033
Part 36
Division 36.1
r 36.01.......................................	am No 65, 2013; F2023L00033
r 36.02.......................................	am No 65, 2013; F2019L00665; F2023L00033
r 36.03.......................................	am F2019L00665
Division 36.4
r 36.41.......................................	am F2023L00033
r 36.43.......................................	am F2023L00033
Division 36.5
r 36.51.......................................	am F2019L00665
r 36.52.......................................	am F2019L00665
r 36.54.......................................	am No 65, 2013
Division 36.6
r 36.72.......................................	am No 65, 2013
Part 37.......................................	rep F2016L01728
r 37.01.......................................	rep F2016L01728
r 37.02.......................................	rep F2016L01728
Part 38
r 38.02.......................................	am F2019L00665
Chapter 5
Part 39
Division 39.1
r 39.04	am F2025L00941
Division 39.4
r 39.32.......................................	rs F2023L00033
am F2025L00941
r 39.33.......................................	am F2019L00665
r 39.35.......................................	am No 256, 2013; F2019L00665
Part 40
Division 40.2
r 40.18.......................................	am F2019L00665
r 40.19.......................................	am F2019L00665
r 40.21.......................................	am F2019L00665
r 40.22.......................................	am F2019L00665
r 40.24.......................................	am F2019L00665
r 40.25.......................................	am F2019L00665
Division 40.3
r 40.43.......................................	am No 65, 2013
rs F2019L00665
am F2023L00033
r 40.44.......................................	am F2019L00665
Part 41
Division 41.1
r 41.04.......................................	am F2019L00665
r 41.05.......................................	am F2023L00033
r 41.07.......................................	am No 65, 2013
r 41.08.......................................	am No 65, 2013
r 41.10.......................................	am No 65, 2013
Division 41.6
r 41.69.......................................	am F2019L00665
Chapter 6
Part 42
Division 42.1
r 42.01.......................................	rs F2023L00033
Division 42.2
r 42.14.......................................	am F2023L00033
r 42.16.......................................	am F2019L00665
Chapter 7
Chapter 7...................................	ad No 283, 2013
Part 43
Division 43.1
Division 43.1.............................	rep 3 Feb 2015 (r 43.02)
ad F2016L01728
rep 10 May 2017 (r 43.02)
ad F2023L00033
rep 13 July 2023 (r 43.04)
ad F2025L00941
r 43.01......................................	ad No 283, 2013
rep 3 Feb 2015 (r 43.02)
ad F2016L01728
rep 10 May 2017 (r 43.02)
ad F2023L00033
rep 13 July 2023 (r 43.04)
ad F2025L00941
r 43.02......................................	ad No 283, 2013
rep 3 Feb 2015 (r 43.02)
ad F2016L01728
rep 10 May 2017 (r 43.02)
ad F2023L00033
rep 13 July 2023 (r 43.04)
ad F2025L00941
r 43.03......................................	ad F2023L00033
rep 13 July 2023 (r 43.04)
r 43.04......................................	ad F2023L00033
rep 13 July 2023 (r 43.04)
Division 43.2.............................	ad F2024L00626
rep 5 Dec 2024 (r 43.14)
r 43.11......................................	ad F2024L00626
ed C9
rep 5 Dec 2024 (r 43.14)
r 43.12......................................	ad F2024L00626
rep 5 Dec 2024 (r 43.14)
r 43.13......................................	ad F2024L00626
rep 5 Dec 2024 (r 43.14)
r 43.14......................................	ad F2024L00626
rep 5 Dec 2024 (r 43.14)
Schedule 1
Schedule 1..................................	am No 65, 2013; No 256, 2013; F2016L00383; F2019L00665; F2023L00033
ed C8
Schedule 2
Schedule 2..................................	am No 65, 2013; No 256, 2013; F2019L00665; F2023L00033; F2024L00626; F2025L00941
Schedule 3
Schedule 3..................................	am No 65, 2013; No 283, 2013; F2019L00665; F2023L00033; F2024L00626; F2025L00941

Federal Court Rules 2011 (Cth)

20 July 2011