Federal Court Rules (Amendment) (Cth)
__________________
We, Judges of the
Federal Court of Australia, make the following Rules of Court under the
Dated 8 July 1998.
M.E.J. BLACK C.J.
J.F. GALLOP J.
B.A. BEAUMONT J.
M.R. WILCOX J.
J.E.J. SPENDER J.
R.S. FRENCH J.
M.R. EINFELD J.
M.L. FOSTER J.
M.C. LEE J.
J.W. von DOUSSA J.
d.f. o’connor j.
t.j. higgins j.
p.c. heerey j.
d.p. drummond j.
r.e. cooper j.
a.p. whitlam j.
c.j.s.m. carr j.
m.f. moore j.
c.m. branson j.
k.e. lindgren j.
b.j.m. tamberlin j.
r. sackville j.
s.m. kiefel j.
r.d. nicholson j.
p.d. finn j.
r.a. sundberg j.
s.r. marshall j.
j.r.f. lehane j.
a.m. north j.
r.n. madgwick j.
r. merkel j.
j.r. mansfield j.
a.h. goldberg j.
a.r. emmett j.
r.a. finkelstein j.
Judges of the Federal
Court of Australia
W.G. SODEN
Registrar
____________
1.1 These Rules commence on gazettal.
2.1 The Federal Court Rules are amended as set out in these Rules.
3.1 Subrule 6 (1):
Omit “for the Division of the Court and”.
3.2 Subrule 6 (1):
Omit “and Division”.
4.1 After rule 1, insert:
“
(a) set out the name of the person who prepared the pleading; and
(b) include a statement by the person that the person prepared the pleading.”.
5.1 Paragraph 4 (a):
Omit “regulation 2A”, substitute “regulation 2AA”.
6.1 After rule 4, insert:
“
(a) the time for examining, cross-examining or re-examining a witness; or
(b) the number of witnesses (including expert witnesses) that a party may call; or
(c) the time for making any oral submissions; or
(d) the time for a party to present the party’s case; or
(e) the time to hear the trial.
“
7.1 Subrule 4 (2):
Omit the subrule, substitute:
“
(a) be in accordance with Form 5; and
(b) be accompanied by a claim in accordance with Form 5A; and
(c) have attached to it a certificate regarding the failure,
or likely failure, of conciliation issued by the
Australian Industrial Relations Commission under subsection 170CF (2) of the Workplace Relations Act.”.
8.1 Subrule 12 (1):
Omit “each party”, substitute “each other party (if any)”.
9.1 Paragraph 29 (5) (a):
Omit “regulation 2A”, substitute “regulation 2AA”.
10.1 Omit the rule, substitute:
“
(a) an order requiring the production of the prisoner; and
(b) an order, as the Court or Judge considers appropriate, in relation to the continuing custody of the prisoner.
“
11.1 Subrule 6 (2):
Omit “personally”.
12.1 Paragraph 18 (2) (a):
Omit “regulation 2A”, substitute “regulation 2AA”.
13.1 Paragraph 4 (2) (a):
Omit “costs;”, substitute “costs; or”.
13.2 Paragraph 4 (2) (b):
Omit “order;”, substitute “order; or”.
13.3 Paragraph 4 (2) (c):
Omit the paragraph, substitute:
“(c) a gross sum specified in the order; or”.
13.4 Add at the end:
“
14.1 Subrule 48 (1):
Omit “A creditor or contributory of a company, the company or the Commission”, substitute “A person who is entitled to apply to the Court for the winding up of a company”.
15.1 Subrule 19 (3):
Omit “searched”, substitute “searched, or caused a search to be made,”.
16.1 Subrule 9 (2):
Omit the subrule, substitute:
“
17.1 Omit the Order.
18.1 Form 5 (Application):
Section B, item 1:
Omit “
18.2 Form 44A (Notice of date for trial):
Omit “hearing fee”, substitute “setting down fee”.
18.3 Form 44A (Notice of date for trial):
Omit “regulation 2A” (twice occurring), substitute “regulation 2AA”.
18.4 Form 55A (Notice of appeal):
Omit
“To the Respondent: (
“
To the respondent:
(
18.5 Forms 161 and 162:
Omit the Forms.
19.1 Omit the Schedule, substitute:
Column 1 Item | Column 2 Matter for which charge may be made | Column 3 Charge ($) |
1 | To sue or defend, to appeal or oppose an appeal or for any other originating proceeding | 152.00 |
2 | To make or oppose an interlocutory application or motion to the Court or a Judge or an officer of the Court | 67.00 |
3 | For a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief) | 65.00 |
4 | For an interrogatory, answer to an interrogatory or an affidavit (except a formal affidavit), an admission or a list of documents (and affidavit verifying) | 90.00 |
5 | For brief for counsel on application in chambers or brief notes for solicitor (if necessary) in respect of items 1 to 5 of this scale, having regard to all the circumstances of the case | 83.00 any other amounts that may be allowed by the taxing officer |
6 | For brief for counsel or brief notes for solicitor (if necessary), having regard to all the circumstances of the case | a sum that the taxing officer thinks fit |
7 | For a necessary document not otherwise provided for, having regard to all the circumstances of the case | a sum that the taxing officer thinks fit |
8 | Any notice of appearance, including copies, filing and service by respondent | 84.00 |
9 | Any application or notice of motion, including fixing return day, copies to file and serve, and attendance to file if more than 3 folios—add for each folio | 67.00 3.00 |
10 | Any simple notice or memorandum such as a notice for discovery, including copies, filing (if necessary) and service | 54.00 |
11 | Notice to produce, notice to admit or any similar notice, including copies, filing (if necessary) and service if more than 3 folios—add for each folio | 67.00 3.00 |
12 | A brief to counsel (including a brief to hear judgment) and attending counsel with the brief if more than 3 folios—add for each folio For copy documents to accompany brief | 58.00 6.00 the other charges in this scale that are appropriate |
13 | Any necessary subpoena, including issuing one copy to serve and arranging for service | 46.00 |
14 | Any necessary document—for each folio | 7.00 |
15 | Any necessary document—for each folio | 2.00 |
16 | Of any document, including carbon, photographic or machine-made copy—for each page except if allowance for 10 or more pages is claimed in respect of any document or documents | 1.00 the costs to be allowed for the copies are at the discretion of the taxing officer |
17 | Of any document (if necessary) including special letter, telegram or telex, up to 3 folios except that, if allowance for 30 or more folios is claimed in respect of any document or documents | 12.00 2.00 the costs to be allowed for perusal are at the discretion of the taxing officer |
18 | If it is not necessary to peruse but it is necessary to scan a document—for each page except that, if allowance for 10 or more pages is claimed in respect of any document or documents | 3.00 the costs to be allowed for scanning are at the discretion of the taxing officer |
19 | If it is necessary to neither peruse nor scan a document, eg an examination of an appeal book: for examination—for each half hour solicitor clerk | 54.00 12.00 |
20 | Short letter—simple form of letter, eg formal acknowledgment | 10.00 |
21 | Ordinary letter, including letter between principal and agent | 16.00 |
22 | Circular letter (after the first)—for each letter | 6.00 |
23 | Special letter or letter including opinion | 39.00 an amount that is reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this scale |
24 | Telegram, facsimile copy, or telex including attendance to dispatch | 46.00 an amount that is reasonable in the circumstances |
25 | Receiving and filing any incoming letter | 6.00 |
26 | Personal service (except if service is able to be claimed under another item of this scale) of any document of which personal service is required | 45.00 an amount that is reasonable, having regard to time occupied, distance travelled and other relevant circumstances |
27 | Service of any document at the office of the address for service, either by delivery or by post | 12.00 |
28 | Preparation of appeal books, including collating all necessary material, attendances on the printer, general oversight of their preparation in cases where the taxing officer is satisfied it has been done efficiently—for each hour: solicitor clerk | 98.00 25.00 |
29 | If appeal books are prepared in a solicitor’s office, the taxing officer may in his or her discretion allow a sum that he or she thinks is just and reasonable, having regard to work and labour properly performed and charges for material used. In exercising his or her discretion the taxing officer must have regard to commercial rates for copying and binding and is not obliged to apply the photographic or machine-made copy costs otherwise allowable in this Schedule | |
30 | An attendance that is capable of being made by a clerk, such as at the court registry | 25.00 |
31 | An attendance that requires the attendance of a solicitor or managing clerk and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate)—for each quarter hour: solicitor managing clerk | 43.00 11.00 |
32 | An attendance for which no other provision is made in this scale | 39.00 |
33 | An attendance by telephone that does not involve the exercise of skill or legal knowledge | 9.00 |
34 | An attendance on counsel:
to appoint a conference or consultation if appointment made by telephone | 25.00 25.00 9.00 |
35 | A necessary conference or consultation with counsel: if half an hour or less
| 67.00 98.00 |
36 | In court or chambers or before the Registrar for hearing without counsel: for each hour or part of an hour of the hearing
not to exceed per day | 197.00 197.00 883.00 |
37 | In court or chambers or before the Registrar for hearing with counsel:
not to exceed per day If a person other than a solicitor attends in place of a solicitor: (a) attendance by a managing clerk: for each hour not to exceed per day (b) attendance by any other clerk: for each hour not to exceed per day | 161.00 161.00 725.00 67.00 296.00 36.00 158.00 |
38 | To hear judgment | 45.00 |
39 | On taxation of costs:
| 98.00 25.00 |
40 | allow for each day of absence from the place of business (except a Saturday, Sunday or public holiday) an amount that the taxing officer thinks reasonable—not exceeding | 223.00 |
41 | If the case or circumstances warrant it, an allowance may be claimed under this item, in addition to any other item that appears in this scale, for general care and conduct (if appropriate) including the following:
(e) the time taken by the solicitor;
| |
42 | It is proper for a solicitor to incur an amount for counsel’s fees that appears to be fair and reasonable according to the circumstances of the case and the seniority of counsel. The fees incurred may be claimed as a disbursement | |
43 | If a solicitor briefs another solicitor as counsel, when it would be appropriate to brief counsel | the taxing officer may allow a sum as a counsel’s fee that the taxing officer thinks just and reasonable having regard to the practice of allowing these fees that is permitted by the Supreme Court Rules of the State or Territory concerned (Order 62, rule 35) |
43A | The amount as to the costs of obtaining a winding-up order, up to and including entry and service of the order under section 470 of the Corporations Law and the obtaining of a certificate of taxation Additional costs are allowable for any adjournment in which costs have been reserved by the Court in accordance with item 36 or item 37, as the case may be | 2068.00 |
43B | Short form amount that may be claimed by an applicant on the making of a sequestration order | 1326.00 |
43C | Short form amount that may be claimed by an applicant on the dismissal of a petition | 1142.00 |
44 | Witnesses called because of their professional, scientific or other special skill or knowledge—for each day | 116.00 to 578.00 |
45 | Witnesses called, other than those covered in item 44—for each day | 67.00 to 109.00 |
46 | Witnesses remunerated in their occupation by wages, salary or fees | the amount lost by attendance at Court |
47 | If a witness lives more than 50 kilometres from the Court | a sum that the taxing officer thinks reasonable for the actual cost of travel, together with a reasonable amount for meals and accommodation |
48 | All court fees and other fees and payments | to the extent to which they have been properly and reasonably incurred and paid |
49 | If a solicitor attends at court or chambers, or on conference with counsel, in the circumstances outlined in item 40 | the taxing officer may allow reasonable travelling expenses to the extent to which they have been reasonably incurred and paid |
50 | Matters not included in this scale may be allowed to the extent they are covered by Order 62, rule 21 |
1. Notified in the
Commonwealth of Australia Gazette on 15 July 1998.2. Statutory Rules 1979 No. 140 as amended by 1980 No. 87; 1982 Nos. 217 and 408; 1983 No. 264; 1984 Nos. 9 and 258; 1985 Nos. 16, 97, 168 and 227; 1986 Nos. 61, 157 and 324; 1987 Nos. 73, 174 and 197; 1988 Nos. 14, 54, 144, 217 and 306; 1989 Nos. 50, 253 and 318; 1990 Nos. 72, 102, 276, 319, 414 and 453; 1991 Nos. 70, 249, 395 and 461; 1992 Nos. 43, 44, 86, 87, 186, 330, 421 and 453; 1993 No. 40, 45, 137. 225 and 290; 1994 Nos. 63, 130, 224, 279, 332 and 463; 1995 Nos. 31, 46, 239 and 449; 1996 Nos. 29 and 308; 1997 Nos. 82, 87, 143, 174, 204, 277 and 425.
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