Federal Court Rules (Amendment) (Cth)

Statutory Rules 1990 No. 721

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 1 March 1990.

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

(S.R. 77/90)—Cat. No.    6/2.3.1990

 

M. F. O’LOUGHLIN J.

Judges of the Federal

Court of Australia

J. T. HOWARD

Registrar

AMENDMENT OF THE FEDERAL COURT RULES2

Commencement

1. These Rules commence on 12 March 1990.

Personal service: how effected

2. Paragraph 2 (1) (d) of Order 7 of the Federal Court Rules is amended by omitting “and” (first occurring) and substituting “an”.

Statements of Evidence

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

(a) by omitting from subparagraph (2) (a) (xv) “and”; and

(b) by omitting subparagraph (2) (a) (xvi) and substituting the following subparagraphs:

“(xvi) costs; and

(xvii) the filing and exchange of signed statements of evidence of intended witnesses and their use in evidence at the hearing.”.

4. Rule 6a of Order 15 of the Federal Court Rules is repealed and the following rule substituted:

Discovery of Documents

“6a. A party required to give discovery who has or has had in its possession, custody or power more than one copy, however made, of a particular document is not required to give discovery of additional copies by reason only of the fact that the original or any other copy is discoverable.”.

Interest

5. Rule 8 of Order 35 of the Federal Court Rules is amended by omitting “15%” and substituting “17%”.

Details to be shown on first page of a document

6. Rule 3 of Order 41 of the Federal Court Rules is amended by inserting at the beginning of paragraph (1) (a) “the party on whose behalf the document is filed,”.

Application of Order 50

7. Rule 1 of Order 50 of the Federal Court Rules is amended:

(a) by inserting in paragraph (1) (a) “or 30a” after “section 26”;

(b) by omitting paragraph (1) (f).

Repeal

8. Order 58 of the Federal Court Rules is repealed.

Repeal

9. Order 59 of the Federal Court Rules is repealed.

10. Rule 41 of Order 62 of the Federal Court Rules is repealed and the following rule substituted:

Appointment to tax bill

“41. (1) An appointment to tax a bill of costs shall be given to a party filing a bill of costs for taxation and such appointment shall be endorsed on the bill prior to it being served on all parties to the taxation.

“(2) Service of the bill shall be effected in accordance with Order 7 rule 4 at least 10 days prior to the date of taxation.

“(3) A party on whom a bill is served may by notice object to any item in the bill.

“(4) The notice shall list each item or part thereof in the bill which is objected to and shall also state shortly but specifically the nature and grounds of objection to each item or part objected to.

“(5) The notice shall be filed and served on the party in whose favour the bill is to be taxed and on any other interested party not less than 2 clear days before the day appointed for taxing the bill.

“(6) On taxation of the bill any item not objected to may, at the discretion of the taxing officer, be allowed.

“(7) The taxing officer may tax the costs of the objections and add them to, or deduct them from, any sum payable by or to a party to the taxation.”.

Reconsideration

11. Rule 43 of Order 62 of the Federal Court Rules is amended by adding at the end the following subrule:

“(4) The taxing officer may tax the costs of the objections to the decision and add them to, or deduct them from, any sum payable by or to a party to the taxation.”.

12. Order 63 of the Federal Court Rules is amended by adding at the end the following rule:

Certification of Payment

“7. (1) Within 3 days after payment of moneys or funds into Court pursuant to these rules or an order of the Court, the District Registrar shall forward to each party a certificate that the moneys or funds so received

have been received and credited or applied in the manner required by the rules or order.

“(2) Within 3 days after the application of funds paid into Court where they are applied pursuant to an order that they be dealt with in a manner other than payment into a Federal Court of Australia Litigants’ Fund, the District Registrar shall forward to each party a certificate that the moneys or funds paid in have been credited or applied in a manner required by the order.”.

First Schedule

13. The First Schedule to the Federal Court Rules is amended by omitting from the heading to Form 64 “SUBSECTION 10 (2)” and substituting “SUBSECTION 20 (2)”.

Minor Amendments

14. The Federal Court Rules are further amended as set out in the Schedule.

SCHEDULE   Rule 14

Minor Amendments

Order 7, paragraph 4 (1) (c):

Omit “organization”, substitute “organisation”.

Order 15, paragraph 9 (1) (c):

Omit “organization” (wherever occurring), substitute “organisation”.

Order 50, rule 4:

Omit “Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.

Order 60, subrule 2 (1):

Omit “official receiver”, substitute “Official Trustee”.

Order 60, subrule 2 (2):

Omit “an official receiver”, substitute “the Official Trustee”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 March 1990.

NOTES—continued

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.

                                                     

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