Federal Court Rules (Amendment) (Cth)

Statutory Rules 1985 No. 971

 

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 May 1985.

N. H. Bowen C. J.

R. A. Smithers J.

R. W. Fox J.

C. A. Sweeney J.

W. E. S. Forster J.

A. E. Woodward J.

P. G. Evatt J.

R. M. Northrop J.

J. A. Keely J.

D. G. McGregor J.

(L.S.) F. R. Fisher J.

J. F. Gallop J.

J. D. Davies J.

I. F. Sheppard J.

J. J. A. Kelly 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.

Judges of the Federal

Court of Australia

J. T. HOWARD

Registrar

S.R. 22/85 Cat. No. Recommended retail price 60c  3/22.5. 1985.

 

AMENDMENTS OF THE FEDERAL COURT RULES

Commencement

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

2. Rule 7a of Order 46 is repealed and the following rule substituted—

Abuse of process

“7a. If a document presented to a Registry in any proceeding, including any document which is or will if issued become an originating document, appears to a Registrar on its face to be an abuse of the process of the Court or to be frivolous or vexatious, the Registrar may refuse to accept or issue it or may seek the direction of a Judge who may direct him

(a) to accept or issue it; or

(b) to refuse to accept or issue it; or

(c) to refuse to accept or issue it without the leave of a Judge first had and obtained.”

3.After rule 37 of Order 52 the following rule is inserted:

Directions by Registrar

“37a. At any time after the filing of the notice of appeal the Registrar may give directions as to any matter which appears to him to be a convenient matter upon which to give directions.”

4.After rule 16 of Order 53 the following rule is inserted:

Written submissions

“16a. The provisions of Order 52 rules 30, 31, 32, 33 and 34 shall apply mutatis mutandis to an appeal under this Order.”

5.After rule 19 of Order 53 the following rule is inserted:

Time; want of prosecution

“20. (1) Where an applicant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted his appeal with due diligence, the Court may—

(a) order that the appeal shall be dismissed for want of prosecution; or

(b) fix a time peremptorily for the doing of the act and at the same time order that upon non-compliance the appeal shall stand dismissed for want of prosecution, or subsequently and in the event of non-compliance, order that it be so dismissed; or

(c) make any other order as may seem just.

“(2) A respondent may move on notice for an order under sub-rule (1), and the Court, after notice to the applicant has been given by the Registrar, may make orders in accordance with sub-rule (1) of its own motion.

“(3) An order under paragraph (1) (b) may be varied at any time before the appeal stands dismissed for want of prosecution, and in special circumstances may be varied or revoked after that time.”

National Crime Authority Act 1984

6. The following Order is inserted in the Federal Court Rules after Order 56—

“ORDER 57

NATIONAL CRIME AUTHORITY ACT 1984

Applications—section 32

“1. (1) An application for an order of review under sub-section 32 (2), shall be made in or substantially in the form numbered 60 in the First Schedule.

“(2) An application for an order under sub-section 32 (8) shall be made in or substantially in the form numbered 5 in the First Schedule.

“(3) The applicant shall file and serve with the application either an affidavit or a statement of claim, whichever is appropriate.

“(4) The affidavit or statement of claim shall show—

(a) the nature of the applicant’s claim; and

(b) the material facts on which it is based.

Applications for review under Administrative Decisions (Judicial Review) Act 1977 (as varied by section 57 of National Crime Authority Act 1984)

“2. (1) Subject to sub-rules (2) and (3) of this rule, the provisions of Order 54 apply to applications for review of matters arising under the National Crime Authority Act 1984.

“(2) An applicant who files a copy of a statement pursuant to sub-rule 3 (1) of Order 54 shall serve a copy of that statement on the other party or parties not later than the next day after the statement is filed.

“(3) The time limited by rule 4 of Order 54 for filing and serving a notice of objection to competency of an application is reduced from 14 days to 5 days after service of the application.”

Numerical Table of Forms

7.The numerical table of forms that follows Order 65 of the Federal Court Rules is amended by inserting—

“60. Application for an Order of Review (Order 57 sub-rule 1 (1))” after—

“59. Application (Order 65 rule 3).”

First Schedule

8.The First Schedule of the Federal Court Rules is amended by inserting after Form 59 the following form:

“FORM 60

APPLICATION FOR AN ORDER OF REVIEW

(Order 57, sub-rule 1(1))

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY	No of 19
GENERAL DIVISION
BETWEEN
A. B.
Applicant
AND
National Crime Authority
Respondent

APPLICATION FOR AN ORDER OR REVEW

Application to review the decision of the respondent that the applicant’s claim, namely (here specify claim) is not justified.

The applicant is aggrieved by the decision because

1.

2.

The grounds of the application are

1.

2.

The applicant claims

1. An order (or declaration) that (specify relief sought).

2.

Date e. g. 7 May 19

   .

(Signed applicant or his solicitor)……………………………………………………………………………….

To the respondent National Crime Authority (address)

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).

Second Schedule

9.The Second Schedule of the Federal Court Rules is amended—

(a) by inserting in Item 16 after the words “... copy per page” the words “except that where the allowance for 10 or more pages is claimed, in respect of any document or documents, costs allowed for such copies shall be at the discretion of the taxing officer...”;

(b) by inserting in Item 17 after the words “or per folio” the words “except that where allowance for 30 or more folios is claimed, in respect of any document or documents, costs allowed for perusal shall be at the discretion of the taxing officer...”; and

(c) by inserting in Item 18 after the words “per page” the words, “except that where allowance for 10 or more pages is claimed, in respect of any document or documents, costs allowed for scanning shall be at the discretion of the taxing officer...”

Further amendments

10.The Federal Court Rules are amended as set out in the Schedule.

SCHEDULE

FURTHER AMENDMENTS

Provision amended	Amendment
Order 46, sub-rule 7 (2)...................	Omit “party”, substitute “person”.
Order 48, sub-rule 4a (1).................	Omit “section 161”, substitute “Part IX”.
Order 62, sub-rule 45 (4).................	Omit “entered”, substitute “pronounced”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 June 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 No. 16.

               

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