Federal Court Rules (Amendment) (Cth)

Statutory Rules 1986 No. 1571

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 13 June 1986.

N. H. BOWEN C.J.

R. A. SMITHERS J.

C. A. SWEENEY J.

A. E. WOODWARD J.

(L.S.) R. J. A. FRANKI J.

J. H. MUIRHEAD J.

P. G. EVATT J.

R. M. NORTHROP J.

J. A. KEELY J.

J. L. TOOHEY J.

F. R. FISHER J.

J. F. GALLOP J.

J. D. DAVIES J.

J. S. LOCKHART J.

I. F. SHEPPARD J.

(S.R. 166/86)—Cat. No. 6/19.6.1986

 

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.

F. R. A. GRAY J.

M. G. EVERETT J.

C. W. PINCUS J.

J. C. S. BURCHETT J.

J. A. MILES J.

D. F. JACKSON J.

Judges of the Federal

Court of Australia

J. T. HOWARD

Registrar

AMENDMENTS OF THE FEDERAL COURT RULES2

Commencement

1. These Rules shall come into operation on 1 July 1986.

Interpretation

2. Rule 4 of Order 1 is amended—

(a) by adding after the definition of “document exchange box” the following definition—

“ ‘examination’ includes where relevant an examination held pursuant to an order made under Order 24, and, in proceedings under Part IIIb of the Evidence Act 1905, includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by the Court under that Part;”;

(b) by omitting the definition of “examiner” and substituting the following definition—

“ ‘examiner’ includes an officer of the Court or any other person appointed under Order 24, or under paragraph 7v (1) (a) or (b) of the Evidence Act 1905,for the purpose of an examination before the examiner of any person;”; and

(c) by adding after the definition of “mentally disabled person” the following definition—

“ ‘oath’ includes affirmation;”.

Heading

3. Omit the heading of Order 24 and substitute the following heading—

“EVIDENCE TAKEN IN AUSTRALIA OR ABROAD OR EVIDENCE TAKEN UNDER PART IIIb OF THE EVIDENCE ACT 1905”.

Letter of Request

4.Rule 2 of Order 24 is amended by adding after the words “paragraph 1 (b)” the words “or under paragraph 7v (1) (c) of the Evidence Act 1905”.

Procedure where orders are made under paragraph 7v (1) (a) or (b) of the Evidence Act 1905

5. The following rule is inserted after rule 2 of Order 24—

“2a. Where an order is made pursuant to paragraph 7v (1) (a) or (b) of the Evidence Act 1905 rules 3-11 apply, mutatis mutandis,subject to any directions which may be given by the Court under sub-section 7v (3) of that Act.”.

Documents for Examiner

6.Sub-rule 3 (1) of Order 24 is amended by adding after the words “paragraph 1 (a)” the words “or under paragraph 7v (1) (a) or (b) of the Evidence Act 1905”.

Exclusion of Evidence in Criminal Proceedings

7.The following rule is inserted after rule 13 of Order 24—

“14. This order does not affect the power of the Court in a criminal proceeding to exclude evidence that has been obtained illegally or would, if admitted, operate unfairly against a defendant.”.

Depositions

8.After sub-rule 4 (2) of Order 33 add the following sub-rule—

“(3) This rule does not apply to evidence taken pursuant to an order made under sub-section 7v (1) of the Evidence Act 1905 or a record of that evidence.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1986.

2. Statutory Rules 1979 No. 140 as amended to date. For previous amendments see Note 2 to Statutory Rules 1986 No. 61 and see also Statutory Rules 1986 No. 61.

 

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