Federal Court Rules (Amendment) (Cth)

Statutory Rules 1988 No. 3061

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 18 November 1988.

N. H. BOWEN C.J.

R. W. FOX J.

C. A. SWEENEY J.

A. E. WOODWARD J.

F. R. FISHER 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.

M. R. WILCOX J.

J. E. J. SPENDER 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.

T. R. HARTIGAN J.

M. L. FOSTER J.

M. C. LEE J.

Judges of the Federal

Court of Australia

J. T. HOWARD

Registrar

(S.R. 345 88)—Cat. No. 4/22.11.1988

AMENDMENT OF THE FEDERAL COURT RULES2

Commencement

1. These rules shall commence on 1 December 1988.

Vacations

2. Rule 2 of Order 2 of the Federal Court Rules is amended by inserting “(1)” after “2” in the first line and by adding at the end the following subrule:

“(2) A hearing shall not be held in the fixed vacation, unless the Court otherwise orders.”.

3. After rule 7a of Order 46 the following rule is inserted:

Prescribed time—section 35A of the Act

“7b. (1) For the purposes of subsection 35a (5) of the Act, the prescribed time is the period of 21 days after the day on which the Registrar has exercised any of the powers of the Court pursuant to subsection 35a (1) of the Act.

“(2) Where a party to a proceeding referred to in subsection 35a (5) of the Act has not applied to the Court to review the exercise of a power of the Court under subsection 35a (1) of the Act within the time prescribed under subrule (1), further time for making such an application may be allowed by the Court or a Judge upon such terms as the Court or a Judge thinks fit.

“(3) The Court or a Judge may allow further time for making an application referred to in subrule (2) whether or not, when a decision to allow that further time is made, the prescribed time referred to in subrule (1) has expired.

“(4) In this Rule, “Registrar” has the same meaning as in subsection 35a (8) of the Act.”.

 

4. The following Order is inserted after Order 65:

“ORDER 66

FAMILY COURT OF AUSTRALIA (ADDITIONAL JURISDICTION AND EXERCISE OF POWERS) ACT 1988

Application of Order

“1. The Federal Court Rules apply to proceedings referred to in this Order in so far as the Federal Court Rules are not inconsistent with the rules in this Order.

Interpretation

“2. In this Order:

“the Act” means the Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988.

“Enabling Act” means the Administrative Decisions (Judicial Review) Act 1977, the Bankruptcy Act 1966, the Income Tax Assessment Act 1936, or the Trade Practices Act 1974 or any one or more of those Acts.

“the Family Court” means the Family Court of Australia.

 

Application for Transfer by a Party

“3. (1) An application under the Act for transfer of a proceeding to the Family Court under an Enabling Act shall be made on motion.

“(2) The heading of the notice of motion shall refer to the Act and the relevant Enabling Act.

“(3) An application under the Act for the transfer of a proceeding shall be heard and determined by a single Judge.

Transfer by the Court on its own Motion

“4. The Court or a Judge may, subject to the provisions of the Enabling Act, at any time of its or the Judge’s own motion and whether or not there is an application under rule 3 before the Court, transfer a proceeding to the Family Court.

Proceedings Transferred under the Act

“5. On the transfer of a proceeding to the Family Court, the Registrar shall send to the proper officer of the Family Court all documents filed and orders made in the proceeding.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1988.

2. Statutory Rules 1979 No. 40 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 14 and see also Statutory Rules 1988 Nos. 14, 54, 144 and 217.

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