Federal Court Rules (Amendment) (Cth)

Statutory Rules 1990 No. 3191

Rules Under the Federal Court of Australia

Act 1976

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

Dated 21 September 1990.

N. H. BOWEN C.J.
R. M. NORTHROP J.
J. F. GALLOP J.
J. D. DAVIES J.
(L.S.)	J. S. LOCKHART J.
I. F. SHEPPARD J.
T. R. MORLING J.
K. J. JENKINSON J.
A. R. NEAVES J.
B. A. BEAUMONT J.
M. R. WILCOX J.
J. E. J. SPENDER J.
C. W. PINCUS J.
J. A. MILES J.

(S.R. 313/90)—Cat. No. 5/25.9.1990

 

D. M. RYAN J.

W. M. C. GUMMOW J.

R. S. FRENCH J.

M. L. FOSTER J.

M. C. LEE J.

J. W. VON DOUSSA J.

D. G. HILL J.

M. F. O’LOUGHLIN J.

D. F. O’CONNOR J.

T. J. HIGGINS J.

Judges of the

Federal Court

of Australia

J. T. HOWARD

Registrar

AMENDMENTS OF THE FEDERAL COURT RULES2

Commencement

1. These rules shall commence on 15 October 1990.

2. Order 4 of the Federal Court Rules is amended:

(a) by deleting subrule 11;

(b) by renumbering subrules 12 and 13 as 11 and 12 respectively;

(c) by inserting a new subrule 13 as follows:

“13.(1) Where an application and affidavit or statement of claim have been served upon the respondent named in the application less than five days before the date for hearing endorsed on the application pursuant to rule 8 or rule 9, the Court or Registrar may alter the date to a later date and may authorise the solicitor for a party to give notice to that respondent of that altered date by posting an altered copy of the application by registered post to the usual or last known place of business or abode of that respondent or to the place at which the application was served if appropriate.

“(2) The Registrar may give authority by telephone or by some other means as the Registrar thinks fit.”.

3. After Order 69 of the Federal Court Rules the following Order is inserted:

“ORDER 70

Aboriginal and Torres Strait Islander Commission Act 1989

Interpretation

“1. (1) In this Order terms used have, unless stated to the contrary, the same meaning as they have in Schedule 4 of the Aboriginal and Torres Strait Islander Commission Act 1989.

“(2) The Act refers to the Aboriginal and Torres Strait Islander Commission Act 1989 unless otherwise specified.

Election Petitions

“2. (1) An election petition lodged in accordance with Schedule 4 of the Act shall be in or substantially in the form numbered 73 in the First Schedule and shall name as respondent the person returned at the election.

“(2) Upon the receipt of a petition, the Registrar shall:

(a) sign and seal it with the seal of the Court;

(b) provide or forward a sealed copy to the petitioner and a note endorsed on the petition of the time and place at which the matter is listed for a directions hearing.

“(3) (a) Not later than two days before the date appointed for a directions hearing the petitioner shall serve a sealed copy of the petition upon the respondent.

(b) The copy of the petition for service under paragraph (a) shall bear a note—

(i) of the time and place for a directions hearing; and

(ii) that if there is no appearance by the parties served at the directions hearing the proceeding may be heard and orders made in his or her absence.

(c) The Registrar shall upon receipt and sealing of a petition forward a sealed copy to the Electoral Commission and to the Minister.

“(4) At the directions hearing the Court shall give such directions as are necessary or desirable for the further hearing of the petition including directions as to the joinder of any further parties as respondents and the giving of notice of the proceedings to them.

“(5) (a) Upon filing an election petition, the petitioner shall deposit with the Registrar the sum of One Hundred Dollars ($100) as security for costs to be repaid or otherwise disposed of in accordance with the provisions of Schedule 4 of the Act.

(b) Upon filing an election petition, the petitioner shall pay to the Registrar a filing fee fixed at Twenty Five Dollars ($25).

“(6) (a) When a petition claims a declaration that a person was duly elected who was not returned and a respondent desires to contend that the person for whom the declaration is sought was

not duly elected he shall, within seven (7) days after entering his or her appearance or within such further time as the Court or a Judge allows, file in the Registry and deliver to the petitioner at his or her address for service a statement of the facts upon which he or she intends to rely.

(b) The statement shall set out the facts in the same way in which facts relied upon to invalidate an election are to be set out in a petition.

“(7) The Court or a Judge may order a party to the proceedings on a petition to deliver to another party particulars or further and better particulars of a matter alleged by that party.

Reference as to Qualifications or Vacancy

“3. (1) A reference to the Court under section 17 of Schedule 4 to the Act shall be in the form numbered 74 in the First Schedule.

“(2) After receipt of a reference, the Registrar shall:

(a) sign and seal it with the seal of the Court;

(b) provide or forward a sealed copy to the Minister with a note endorsed on the reference of the time and place at which the matter is listed for a directions hearing.

Notice of the reference and the date of the directions hearing shall be advertised by the applicant at least twice before the directions hearing in a newspaper circulated in the region to which the reference relates and a sealed copy of the reference shall be sent by the applicant to the Regional Council to which it relates.

“(3) At the directions hearing the Court shall give such directions as are necessary or desirable for the further hearing of the reference including:

(i) directions permitting any person who in the Court’s opinion is interested in the determination of a question to be heard on the hearing of the reference; and

(ii) directions that notice of a reference be served on any person;

(iii) directions relating to the lodgment of documents in the Minister’s possession.

General

“4. (1) When the Court is of the opinion that the hearing of a petition or reference will be assisted by production of any document or thing, the Court may direct the Registrar to issue subpoenas for production or attendance.

“(2) The Registrar shall arrange for the service of such subpoenas and the payment of attendance money and witness expenses in connection therewith.”.

First Schedule

4.The First Schedule is amended after Form 72 by inserting the following forms:

“FORM 73

(Order 70, rule 2)

IN THE MATTER OF A DISPUTED ELECTION UNDER THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989

No.  of 19

A.B.

Petitioner

C.D.

Respondent

ELECTION PETITION

This petition concerns the election for .................... (state the Regional Council or Zone concerned) held ................... (state date or dates on which the election was held).

The petitioner asks the Court to make the orders claimed below and relies upon the facts set out below.

FACTS RELIED UPON TO INVALIDATE ELECTION

(Here insert facts).

ORDERS

The petitioner asks the Court to make the following orders:

(Here insert the orders which are sought).

SIGNED BY ....................................................

(A candidate at the election in dispute

 or a person claiming to be qualified to  vote at that election or an authorised officer of the Electoral Commissioner)

in the presence of:

...............................................................	(Print Full name)	..........................................................
of ...........................................................	(Address)	..........................................................
...............................................................	..........................................................
...............................................................	(Occupation)	..........................................................
...............................................................	(Witness Signature)	..........................................................

TO:  THE RESPONDENT

 (Address)

A directions hearing in this Petition will be heard by the Court at the time and place specified below.

If there is no attendance at the Court by you the application may be dealt with and orders made in your absence.

Time:  (Date and Time to be entered by Registry unless fixed by Court).

Place:  (Address of Court).

Date:  e.g. 7 May 19

............................................................

(Signed Registrar)

The Petitioner’s address for service is (Specify address for service).

Form 74

(Order 70, rule 3)

IN THE MATTER OF A REFERENCE UNDER THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989

No.  of 19

[A.B.] (Name of Minister)

Applicant

REFERENCE OF QUESTION AS TO QUALIFICATION OR VACANCY

Pursuant to Schedule 4 of the Aboriginal and Torres Strait Islander Commission Act 1989 the Applicant refers to the Court a question relating to the qualification of a member of the Regional  Council (or a vacancy in the   Regional Council).

STATEMENT OF QUESTION

The

 question  upon  which  the  determination  of  the  Court  is  desired  is ………………....................................(Here set out  a statement  of the relevant  facts  and  the  question for determination).

......................................................

(Signed, Minister)

A directions hearing on this reference will be heard by the Court at the time and place specified below.

Time:  (Date and Time to be entered by Registry)

Place:  (Address of the Court)

Date:  e.g. 7 May 19

......................................................

(Signed. Registrar)

The Applicant’s address for service is (specify address for service).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 October 1990.

2. Statutory Rules 1979 No. 140 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 72 and see also Statutory Rules 1990 Nos. 72, 102 and 276.

 

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