Federal Court Rules (Amendment) (Cth)

Statutory Rules 1988 No. 1441

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 17 June 1988.

N. H. BOWEN C.J.

R. W. FOX J.

C. A. SWEENEY J.

W. E. S. FORSTER J.

A. E. WOODWARD J.

R. M. NORTHROP J.

J. A. KEELY 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.

(S.R. 172/88)—Cat. No. 7/21.6.1988

K. J. JENKINSON J.

(L.S.) A. R. NEAVES J.

B. A. BEAUMONT J.

M. R. WILCOX J.

J. E. J. SPENDER J.

J. C. S. BURCHETT J.

J. A. MILES J.

D. M. RYAN J.

R. S. FRENCH J.

M. R. EINFELD J.

T. R. HARTIGAN J.

M. L. FOSTER J.

A. B. NICHOLSON J.

M. C. LEE J.

H. W. OLNEY J.

Judges of the Federal

Court of Australia

P. G. DINGWALL

Registrar

AMENDMENTS OF THE FEDERAL COURT RULES2

Commencement

1. These rules shall come into operation on 1 July 1988.

Cross-vesting

2. The following Order is inserted after Order 10—

“ORDER 10a

CROSS-VESTING

Interpretation

“1. In this Order—

“the Act” means the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth;

“cross-vesting law” means any law of the Commonwealth or a State or Territory (including the Act) relating to the cross-vesting of jurisdiction;

“special federal matter” has the same meaning as in the Act.

Application of order

“2. The other Orders of the Rules apply to proceedings referred to in this Order in so far as they are not inconsistent with the rules contained in it. 

Application under the Act

“3. (1) An application under the Act for transfer of proceedings shall be made by motion.

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

Applications for transfer of proceedings

“4. (1) An application under the Act for the transfer of proceedings shall be heard and determined by a Judge.

“(2) If an application for the transfer of proceedings is made by the Attorney-General of the Commonwealth or of a State or Territory, the Attorney-General does not, by reason of the application, become a party to the proceedings in respect of which the application is made.

Proceedings in which jurisdiction under cross-vesting laws is or may be invoked

“5. (1) If a party to a proceeding proposes to invoke a jurisdiction arising under a cross-vesting law, or relies on a cross-vesting law in any other way—

(a) the statement of claim or the affidavit accompanying the application or a subsequent pleading (in each instance hereinafter called “the pleading”) shall include a statement of the provision on which the party relies, of the claim in relation to which the party relies on it and of the grounds on which the party relies on it; and

(b) the party shall seek directions as soon as practicable on whether the proceeding should be transferred under the Act.

“(2) If a pleading raises a question involving a special federal matter, the pleading shall identify the special federal matter as such and state the grounds on which it is a special federal matter.

Proceedings transferred under cross-vesting laws

“6. (1) On the transfer of proceedings by the court under the Act the Registrar shall send to the proper officer of the Court to which the proceedings are transferred all documents filed and orders made in the proceedings.

“(2) On the transfer of proceedings to the court under a cross-vesting law the proper officer shall enter and number the documents received in respect of those proceedings so that the proceedings are distinguished by year of filing and number.

“(3) On the transfer of proceedings to the court under a cross-vesting law the plaintiff or applicant (as the case may be) shall make an application for directions as soon as practicable.

Conduct of proceedings

“7. (1) If the law of a State or Territory may be applied under paragraph 11 (1) (b) of the Act in determining a right of action arising under a written law of that State or Territory, the pleading shall identify the right of action and the written law under which it arises.

“(2) If a party seeks to have rules of evidence and procedure, other than those of the Court, applied under paragraph 11 (1) (c) of the Act in dealing with a matter for determination in the proceedings, the pleading shall include a statement to that effect.

“(3) If a party proposed to claim that the law of a State or Territory should be applied under paragraph 11 (1) (b) of the Act or that rules of evidence and procedure other than those of the Court should be applied under paragraph 11 (1) (c) of the Act—

(a) the party must seek directions on that matter before the proceedings are set down for trial;

(b) the Court may at any time give directions in relation to such matter of its own motion and may revoke or vary any direction given by it in relation to any such matter.”.

NOTES

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

2. Statutory Rules 1979 No. 140 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 14 and see also Statutory Rules 1988 Nos. 14 and 54.

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