Federal Court Rules (Amendment) (Cth)

Statutory Rules 1990 No. 1021

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 May 1990.

N. H. BOWEN C.J.
C. A. SWEENEY J.
R. M. NORTHROP J.
J. A. KEELY J.
J. F. GALLOP J.
J. D. DAVIES J.
J. J. A. KELLY J.
T. R. MORLING J.
K. J. JENKINSON J.
A. R. NEAVES J.
B. A. BEAUMONT J.
M. R. WILCOX J.
(L.S.)	P. R. A. GRAY J.
C. W. PINCUS J.
J. C. S. BURCHETT J.
J. A. MILES J.
D. M. RYAN J.
W. M. C. GUMMOW J.
R. S. FRENCH J.
M. R. EINFELD J.
M. L. FOSTER J.
M. C. LEE J.
J. W. VON DOUSSA J.
D. G. HILL J.
M. F. O’LOUGHLIN J.
Judges of the Federal
Court of Australia
J. T. HOWARD
Registrar

(S.R. 124/90)—Cat No. 6/22.5.1990

 

AMENDMENT OF THE FEDERAL COURT RULES2

Commencement 

1. These Rules commence on 4 June 1990.

General

2. Rule 1 of Order 10 of the Federal Court Rules is amended:

(a) by adding at the end of sub-rule (2) the following paragraph:

“(g) order that the parties attend before a Registrar or a Judge in confidential conference with a view to reaching a mediated resolution of the proceedings or an issue therein or otherwise clarifying the real issues in dispute so that appropriate directions may be made for the disposition of the matter or otherwise to shorten the time taken in preparation for and at the trial.”; and

(b) by omitting sub-rule (5) and substituting the following sub-rule:

“(5) The powers of the Court prescribed for the purposes of paragraph 35a (1) (h) of the Act are those referrred to in rule 1.”.

Time for dealing with costs

3. Rule 3 of Order 62 of the Federal Court Rules is amended by adding at the end the following sub-rule:

“(3) An order for costs of an interlocutory proceeding shall not, unless the Court otherwise orders, entitle a party to have a bill of costs taxed until the principal proceeding in which the interlocutory order was made is concluded or further order.”.

Scale of costs

4.Rule 12 of Order 62 of the Federal Court Rules is amended by adding at the end the following sub-rules:

“(2) Any person who is not a party to proceedings and who is called as a witness or attends at Court in compliance with a subpoena is entitled to recover from the party calling that person or requesting the issue of the subpoena the expenses incurred in giving evidence or attending Court in accordance with the scale provided in the Second Schedule.

“(3) The Court or a Judge may order that the party who called the person referred to in sub-rule (2) as a witness or requested the issue of the subpoena under which the person attended at Court pay the expenses of that person in an amount to be fixed or taxed in accordance with the Second Schedule.”.

Reduction in costs otherwise allowable

5. Rule 36a of Order 62 of the Federal Court Rules is amended as follows:

(a) by omitting from sub-rule (1) the words “recovers a sum less than $50,000” and substituting the words “is awarded judgment

for less than $50,000 on a claim (not including a cross-claim) for a money sum or damages”; and

(b) by inserting in sub-rule (2) “(including a cross-claim for a money sum or damages)” after “proceeding”.

Bill of costs

6. Rule 40 of Order 62 of the Federal Court Rules is amended by adding at the end the following sub-rule:

“(2) There shall be endorsed on the bill a certificate signed by a solicitor verifying the additions in it, and there shall be attached to it or otherwise filed with it in a convenient manner adding machine or computer slips or working papers together with originals or legible copies of receipts for disbursements, or if a disbursement has not been paid, copies of all relevant accounts.”.

Certificate of taxation

7.Rule 45 of Order 62 of the Federal Court Rules is amended by omitting sub-rule (4) and substituting the following sub-rules:

“(4) Subject to sub-rule (5) interest calculated in accordance with Order 35, rule 8 is payable from the date the order is pronounced.

“(5) Sub-rule (4) shall not apply to taxations taking place on or after 4 June 1990.

“(6) Every award of costs under a judgment of the Court shall carry interest calculated in accordance with Order 35 rule 8 from the date of the certificate of taxation quantifying the same.

“(7) Sub-rule (6) shall apply to taxations taking place on or after 4 June 1990.”.

Second Schedule

8. The Second Schedule to the Federal Court Rules is amended by omitting item 46 and substituting the following item:

“46. witnesses remunerated in their occupation by wages, salary or fees: the amount lost by attendance at Court provided that the amount recoverable under this item does not exceed the maximum figure prescribed under item 44.”.

NOTES

1. Notified in the Commonwealthof Australia Gazette on 31 May 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 No. 72.

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