Federal Court Rules (Amendment) (Cth)

Statutory Rules 1989 No. 2531

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 1989.

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,
J. J. A. KELLY J.
B. A. BEAUMONT J.
M. R. WILCOX J.
(L.S.)	P. R. A. GRAY J.
J. C. S. BURCHETT J.
J. A. MILES J.
W. M. C. GUMMOW J.
R. F. FRENCH J.
M. R. EINFELD 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. 284/89)—Cat. No.  4/19.9.1989

AMENDMENT OF THE FEDERAL COURT RULES2

Commencement

1.These rules shall come into operation on 29 September 1989.

Lands Acquisition Act 1989

2.The following Order is inserted in the Federal Court Rules after Order 66—

“ORDER 67

Lands Acquisition Act 1989

Application

“1. Subject to this Order, the Rules of Court provide the manner of making an application, bringing an action, instituting proceedings or obtaining the approval of the Court under sections 72, 73, 82, 100, 101, 108, 116, 127, 128, 129 or 133 of the Lands Acquisition Act 1989 and, as far as practicable, apply to the conduct of such proceedings.

Compensation

“2. Proceedings to determine the amount of compensation to which a person is entitled under the Lands Aquisition Act 1989 shall be commenced by an application in accordance with Form 61 in the First Schedule.

Approval

“3. Proceedings to obtain the approval of the Court under section 116 of the Lands Acquisition Act 1989 shall be commenced by an application in accordance with Form 62 in the First Schedule.

Extension of time

“4. An application to extend a period of time under section 129 of the Lands Acquisition Act 1989 shall be in accordance with Form 63 in the First Schedule.

Directions

“5. At the first directions hearing the parties shall file a minute describing all persons who have an interest in law or an equity in the land to which the application relates and all persons who may be affected by an order, declaration or determination sought.

Statement of claim

“6. (1) The statement of claim filed in a proceeding under section 82 of the Lands Acquisition Act 1989 shall specify:

(a) the land in respect of whose acquisition the claim is brought;

(b) the nature of the interest of the applicant in the land;

(c) the amount claimed by way of compensation for the acquisition of that interest; and

(d) particulars of the manner in which that amount is calculated.

“(2) The statement of claim filed in a proceeding under section 108 of the Lands Acquisition Act 1989 shall specify:

(a) the land in respect of which the claim is brought;

(b) the nature of the interest of the applicant in the land;

(c) the power in respect of which exercise the claim is brought;

(d) the amount claimed by way of compensation for the exercise of that power; and

(e) particulars of the manner in which that amount is calculated.

Defence

“7. (1) Within 14 days of service upon the respondent of the statement of claim, or within such further time as the Court may allow, the respondent shall file and serve upon the applicant a defence.

“(2) The defence shall identify any element in the claim made by the applicant, as specified in the statement of claim, which is disputed and shall specify:

(a) the amount of compensation (if any) to which, in the view of the respondent, the applicant is entitled; and

(b) the manner in which that amount is calculated.

Evidence by Affidavit

“8. Except to the extent to which the Court may otherwise direct in any particular case the trial of any proceeding to which this Order applies shall take place upon the basis of affidavit evidence subject to cross-examination.

Affidavits of Valuation

“9. In the case of any affidavit deposing to the value of an interest in land:

(a) the affidavit may take the form of an affidavit verifying a report of the deponent annexed to the affidavit; and

(b) the affidavit, either by itself or by one or more annexures:

(i) shall set out with particularity the process of reasoning adopted by the deponent in reaching his conclusion as to value;

(ii) shall disclose full particulars of all transactions relied upon by the deponent in reaching that conclusion; and

(iii) shall indicate, by appropriate markings made on one or more maps included in or annexed to the affidavit or report, the parcels of land the subject of such transactions.

Notice of Disputed Transaction

“10. (1) In any case where an affidavit complying with paragraph (b) of the preceding rule has been filed and an opposing party:

(a) disputes the fact of any transaction particularized in such affidavit;

(b) disputes any of the stated particulars of any such transaction; or

(c) claims that any particularized transaction was subject to a term, condition or circumstance which renders the transaction an unreliable guide to value;

the opposing party shall, within 28 days of service upon him of the affidavit, file and serve upon the party on whose behalf the affidavit was served a notice of disputed transaction.

“(2) A notice of disputed transaction shall specify:

(a) the respect or respects (if any) in relation to which it is said that the particulars are inaccurate;

(b) any term or condition the content of which is said to make that transaction an unreliable guide to value; and

(c) the nature of any circumstance which is said to render the transaction an unreliable guide to value.

“(3) Where a party fails to file and serve a notice of disputed transaction in relation to any particular transaction in accordance with the preceding subrule unless the Court otherwise directs, that party shall be taken to admit, for the purposes of the proceeding, the transaction, the particulars thereof contained in the affidavit and the fact that the transaction was not subject to any term, condition or circumstance rendering it an unreliable guide to value.”.

Numerical Table of Forms

3. The numerical table of forms that follow Order 67 of the Rules is amended by adding—

“61 Application for determination of compensation under Lands Acquisition Act 1989.

62 Application for approval under Lands Acquisition Act 1989.

63 Application to extend time fixed by Lands Acquisition Act 1989”.

FIRST SCHEDULE

4. The First Schedule is amended by inserting after Form 60 the following forms—

“FORM 61

APPLICATION FOR DETERMINATION OF COMPENSATION UNDER LANDS ACQUISITION ACT 1989

(Order 67, rule 2)

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY		No.	of 19
GENERAL DIVISION
BETWEEN:	A.B.
Applicant
AND:	C.D.
Respondent

APPLICATION FOR DETERMINATION OF COMPENSATION

The application seeks determination pursuant to (insert s.82 or s.108) of the Lands Acquisition Act 1989 of the amount of compensation payable to the applicant in respect of (insert “the acquisition of an interest in the land” or “the exercise of the powers under Part III of the Act”) described in the Schedule hereto.

SCHEDULE

(Insert either:

(a) full particulars of land and interest therein, or

(b) details of the powers exercised under Part III of the Act and the land in relation to which those powers were exercised.)

DATED: (e.g. 7 May 19

   )

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

(Signed, applicant or applicant’s solicitor)

To the respondent: (Name and address)

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

If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry.

APPOINTMENT FOR DIRECTIONS HEARING

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

Place: (Address of Court)

(Where the time for service has been abridged, add

The time by which this application is to be served has been abridged by the Court to (specify time).)

Date: (e.g. 7 May 19

 )

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

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

FORM 62

APPLICATION FOR APPROVAL UNDER LANDS ACQUISITION ACT 1989

(Order 67, rule 3)

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY			No.	of 19
GENERAL DIVISION
BETWEEN:	A.B.
Applicant
AND:	C.D.		Respondent

APPLICATION FOR APPROVAL

On the grounds appearing in the accompanying affidavit the applicant seeks the approval of the Court to:

1. (Insert details of approval sought pursuant to s.116 of the Lands Acquisition Act 1989).

2. Etc.

DATED: (e.g. 7 May 19

 )

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

(Signed, applicant or applicant’s solicitor)

To the respondent: (Name and address)

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

If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry.

APPOINTMENT FOR DIRECTIONS HEARING

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

Place: (Address of Court)

(Where the time for service has been abridged, add

The time by which this application is to be served has been abridged by the Court to (specify time).)

Date: (e.g. 7 May 19  )

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

(Signed, Registrar)

The applicant’s address for service is:

(specify address for service).

FORM 63

APPLICATION TO EXTEND TIME FIXED BY LANDS ACQUISITION ACT 1989

(Order 67, rule 4)

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY	No.	of 19
GENERAL DIVISION
BETWEEN:	A.B.
Applicant
AND:	C.D.
Respondent

APPLICATION TO EXTEND TIME

1. The applicant applies for an extension of the time fixed by s. (insert relevant section) of the Lands Acquisition Act 1989 for (specify the doing of an act to which the time limit applies.)

• 2. This application will be heard by the Court at

     on  (place  and date to be inserted by the Registrar).

3. The grounds of the application appear in the annexed affidavit.

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 29 September 1989.

2. Statutory Rules 1979 No. 140 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 50 and see also Statutory Rules 1989 No. 50.

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