Federal Court Rules (Amendment) (Cth)

Statutory Rules 1985 No. 168

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 28 June 1985.

N. H. BOWEN C.J.

R. A. SMITHERS J.

R. W. FOX J.

C. A. SWEENEY J.

W. E. S. FORSTER 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.

(L.S.) 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.

P. R. A. GRAY J.

M. G. EVERETT J.

C. W. PINCUS J.

J. C. S. BURCHETT J.

J. A. MILES J.

Judges of the Federal

Court of Australia

J. T. HOWARD

Registrar

S.R. 234/84—Cat. No. —Recommended retail price 20c  3/2.7.1985

 

AMENDMENTS OF THE FEDERAL COURT RULES2

Commencement

1. These Rules shall come into operation on 15 July 1985.

Leave to appeal from judgments other than interlocutory judgments of the Court

2.The heading of Division 1 of Order 52 is amended by omitting the words “Application for Leave to Appeal” and substituting the words “Leave to Appeal from Judgments other than Interlocutory Judgments of the Court.”.

3.After the heading of Division 1 of Order 52 of the Federal Court Rules the following rule is inserted:

Application of Division

“2a. This Division applies to an application for leave to appeal from a judgment other than an interlocutory judgment of the Court.”.

How applications for leave to appeal to be made

4.Sub-rule 3 (2) of Order 52 of the Federal Court Rules is repealed and the following sub-rule substituted—

“(2) Where an appeal from a judgment lies to the Court only with leave, an applicant may present his case and his argument to the Court in writing pursuant to rule 15a.”.

Setting down for hearing

5.Rule 10 of Order 52 of the Federal Court Rules is renumbered so as to become rule 9.

Leave to appeal from interlocutory judgments of the Court

6.After rule 9 of Order 52 of the Federal Court Rules the following Division is inserted—

“Division 1a—Leave to Appeal from Interlocutory Judgments of the Court

“10. (1) An application for leave to appeal from an interlocutory judgment of the Court may be made orally to the Judge who has pronounced the judgment at the time of its pronouncement or within such further time as that Judge may fix.

“(2) Where an application has not been made in accordance with sub-rule (1), any application shall be made by motion on notice in the proceeding, and the provisions of Order 19 shall apply.

“(3) An applicant under sub-rule (1) or (2) may present his case and his argument to the Court in writing pursuant to rule 15a.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 July 1985.

2. Statutory Rules 1979 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 16 and see also Statutory Rules 1985 Nos. 16 and 97.

Printed by Authority by the Commonwealth Government Printer