Federal Court Rules (Amendment) (Cth)
WE, Judges of the
Federal Court of Australia, make the following Rules of Court under the
Dated 26 July 1991.
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Judges of the Federal
Court of Australia
J.T. HOWARD
Registrar
1.1 These Rules commence on 12 August 1991.
2.1 The Federal Court Rules are amended as set out in these Rules.
3.1 Order 8, rule1:
After paragraph 1 (a), insert:
“(aa) where the proceeding is founded on a breach in the Commonwealth of a contract, wherever made, whether or not the breach is preceded or accompanied by a breach, wherever occurring, that renders impossible the performance of any part of the contract which ought to be performed in the Commonwealth;
(ab) where the proceeding:
(i) is for the enforcement, rescission, dissolution, rectification or annulment of a contract; or
(ii) otherwise affects a contract; or
(iii) is for damages or other relief in respect of the breach of a contract;
and the contract:
(iv) is made in the Commonwealth; or
(v) is made on behalf of the person to be served by or through an agent carrying on business or residing in the Commonwealth; or
(vi) is governed by the law of the Commonwealth or of a State or Territory;
(ac) where the proceeding is founded on a tort committed in the Commonwealth;
(ad) where the proceeding is founded on, or is for the recovery of, damage suffered wholly or partly in the Commonwealth caused by a tortious act or omission, wherever occurring;
(ae) where the proceeding is for the construction, rectification, setting aside or enforcement of:
(i) a deed, will or other instrument; or
(ii) a contract, obligation or liability;
affecting property in the Commonwealth;
(af) where the proceeding is for:
(i) the execution of a trust that is governed by the law of the Commonwealth or of a State or Territory; or
(ii) relief that might be granted in a proceeding for the execution of that trust;
(ag) where the proceeding affects the person to be served in respect of his or her membership of a corporation:
(i) carrying on business in the Commonwealth; or
(ii) registered in a State or Territory as a foreign company;
(ah) where the proceeding relates to an arbitration held in the Commonwealth;
(ai) where:
(i) the proceeding is for relief relating to the custody, guardianship, protection or welfare of a minor, whether or not the minor is in the Commonwealth; and
(ii) apart from service, the Court has jurisdiction to grant relief;”.
4.1 Omit the rule, substitute:
A judgment debt carries interest at the rate of 15% per annum unless, in a particular case, the Court determines that justice requires that a lower rate should be applicable.”.
5.1 Add at the end:
The Court may allow a notice of appeal to be amended on such terms and conditions as the Court thinks fit.”.
6.1 Insert the following definition:
“
7.1 Order 53, subrule 2 (2):
Omit the subrule, substitute:
A notice of appeal must be filed in an appropriate Registry.
Before or after the filing of a notice of appeal, the Court or a Judge may order that a nominated Registry is the appropriate Registry for that appeal.”.
8.1 Order 53, subrule 6 (1):
Omit “Registry of the Court at the place where it is desired that the appeal be heard”, substitute “appropriate Registry”.
9.1 The Numerical Table of Forms before the First Schedule is amended by inserting after item 72:
“73 Election petition
74 Reference of question as to qualification or vacancy”.
10.1 Omit the heading to the Schedule, substitute:
“
11.1 Part 1, item 38:
Omit the item, substitute:
“ 38 sections 460 and 461 35 to 43 Winding up applications”.
and subsections (inclusive)
467 (1) and (3)
1. Notified in the
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, 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 No. 70.
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