Federal Court Rules (Amendment) (Cth)

Statutory Rules 1984 No. 2581

 

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 12 September 1984.

N. H. BOWEN CJ.

R. A. SMITHERS J.

R. W. FOX J.

R. A. BLACKBURN J.

C. A. SWEENEY J.

W. E. S. FORSTER J.

A. E. WOODWARD J.

R. J. A. FRANKI J.

J. H. MUIRHEAD J.

P. G. EVATT J.

R. J. B. ST. JOHN J.

R. M. NORTHROP J.

J. A. KEELY J.

J. L. TOOHEY J.

(L.S.) D. G. McGREGOR J.

F. R. FISHER J.

J. F. GALLOP J.

J. D. DAVIES J.

J. S. LOCKHART J.

S.R. 234/84 Cat. No. —Recommended retail price 60c  4/18.9.1984

I. F. SHEPPARD J.

J. J. A. KELLY J.

T. R. MORLING J.

K. J. JENKINSON J.

A. R. NEAVES J.

M. D. KIRBY J.

B. A. BEAUMONT J.

M. R. WILCOX J.

J. E. J. SPENDER J.

P. R. A. GRAY J.

M. G. EVERETT 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 October 1984.

2.After rule 5 of Order 1 of the Federal Court Rules the following rule is inserted:

Alternative method of filing

“5a. (1) This rule applies to any document, other than an originating process, which is required or permitted by the Rules to be filed.

“(2) A document to which this rule refers may be filed at any Registry.

“(3) (a) A document to which this rule refers may be—

(i) posted to a Registry; or

(ii) left, addressed to the Federal Court of Australia, at its box at the Australian Document Exchange, with a written request that the document be filed.

“(4) A document is filed under this rule when it is accepted in the Registry to which it is sent.

“(5) An officer of the Court shall mark on the document the date of its acceptance.

“(6) Whenever copies of a filed document are required by the Rules to be returned to the filing party, such copies are to be made available for collection but need not be posted to that party.”.

Directions Hearings

3.Rule 1 of Order 10 of the Federal Court Rules is amended—

(a) by adding after sub-rule (1) the following sub-rule:

“(1a) In any proceeding which is to be heard by a Full Court, whether in the original or appellate jurisdiction, such directions as is thought proper with respect to the conduct of the proceeding may be given by the Court constituted by a single Judge.”;

(b) by adding after paragraph (a) of sub-rule (2) the following paragraph:

“(aa) where, in any proceeding commenced in respect of any alleged or threatened breach of a provision of Part IV of the Trade Practices Act 1974,an order pursuant to section 80 of that Act is sought, direct that notice be given of the order sought by public advertisement or in such other form as the Court directs;”; and

(c) by adding at the end thereof the following sub-rule—

“(4) Paragraph (aa) of sub-rule (2) does not limit the power of the Court to direct at any stage of the proceeding that such notice be given.”.

4.Rule 7 of Order 10 of the Federal Court Rules is repealed and the following rule substituted—

Procedure on Default

“7. (1) Where a party fails to comply with an order of the Court directing that party to take a step in the proceeding, any other party may move the Court on notice—

(a) if the party in default is an applicant—for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by him in the proceeding;

(b) if the party in default is a respondent—for judgment or an order against him; or

(c) for an order that the step in the proceeding be taken within the time limited in that order.

“(2) The Court may make an order of the kind mentioned in sub-rule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.

“(3) This rule does not limit the powers of the Court to punish for contempt.”.

5.Rule 23 of Order 11 of the Federal Court Rules is repealed and the following rule substituted:

Procedure on Default

“23. (1) Where a party is in default in filing and serving any pleading as required by this Order, any other party may move the Court on notice—

(a) if the party in default is an applicant—for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by him in the proceeding;

(b) if the party in default is a respondent—for judgment or an order against him; or

(c) for an order that pleadings be filed and served within the time limited in the order.

“(2) The Court may make an order of the kind mentioned in sub-rule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.

“(3) This rule does not limit the powers of the Court to punish for contempt.”.

6.Rule 16 of Order 15 of the Federal Court Rules is repealed and the following rule substituted—

Procedure on Default

“16. (1) Where a party does not file or serve a list of documents or affidavit or other document or does not produce any document as required by or under this Order, any other party may move the Court on notice—

(a) if the party in default is an applicant—for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by him in the proceeding;

(b) if the party in default is a respondent—for judgment or an order against him; or

(c) for an order that such document, affidavit or list of documents be filed, served or produced within the time limited in the order.

“(2) The Court may make an order of the kind mentioned in sub-rule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.

“(3) This rule does not limit the powers of the Court to punish for contempt.”.

7.Rule 9 of Order 16 of the Federal Court Rules is repealed and the following rule substituted—

Procedure on Default

“9. (1) Where a party does not comply with an order under rule 5 or rule 8 to file or serve a statement or affidavit, any other party may move the Court on notice—

(a) if the party in default is an applicant—for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by him the proceeding;

(b) if the party in default is a respondent—for judgment or an order against him; or

(c) for an order that the statement or affidavit be filed or served within the time limited in that order.

“(2) The Court may make an order of the kind mentioned in sub-rule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.

“(3) This rule does not limit the powers of the Court to punish for contempt,”.

Matters Remitted by the High Court of Australia

8.The following Order is inserted in the Federal Court Rules after Order 51—

“ORDER 51a

MATTERS REMITTED BY THE HIGH COURT OF AUSTRALIA

Remittal of matters by High Court to the Court

“1. (1) A sealed copy of the order of the High Court, remitting a matter, or any part of a matter, to the Court shall be filed in the District Registry named in the order of remittal.

“(2) In the absence of a specification of a District Registry of the Court in a matter or part of a matter in the order referred to in sub-rule (1), the Chief Judge may direct that the order shall be filed in a particular District Registry.

Filing and Service

“2. (1) The Registrar shall affix a notice to the High Court’s order which shall be allotted a serial number as though the order was an application filed in the Registry.

“(2) The notice shall bear the date for a directions hearing in the matter.

“(3) The notice shall bear a note that before taking any step in the proceeding a party, other than the applicant, must enter an appearance in the Registry unless he has already entered an appearance in the High Court.

“(4) The notice shall be in the form numbered 53a in the First Schedule.

“(5) The Registrar shall cause sealed copies of the notice with copies of the High Court’s order attached thereto to be served on all parties to the proceeding in the High Court and on any other person whom the Court or a Judge directs should be so served.

“(6) Service may be effected by delivery to a party’s address for service in the proceeding before the High Court.

Directions hearing

“3. The Court shall give any directions necessary for the further conduct of the proceeding having regard to the provisions of Order 10.

Directions of High Court

“4. Rules 1 to 3 of this Order apply subject to any direction of the High Court in the matter.”.

Objection to Decision of Taxing Officer

9.Rule 42 of Order 62 of the Federal Court Rules is amended—

(a) by repealing sub-rule (1) and substituting the following sub-rules:

“(1) Where a taxing officer decides to allow or disallow, wholly or in part, any item in a bill, or to allow some amount in respect of any item, he shall not, except with the consent of the parties to the taxation, give his certificate until the expiry of 14 days after the date of his decision.

“(1a) A party to the taxation who objects to the decision may apply to the taxing officer to reconsider his decision.”;

(b) by omitting “(1)” in sub-rule (2) and substituting “(1a)”; and

(c) by omitting “(1)” in sub-rule (6) and substituting “(1a)”.

Numerical Table of Forms

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

“53a Notice of Proceeding”

after—

“53 Notice of a Constitutional Matter under Section 78b of the Judiciary Act 1903”.

First Schedule

11. The First Schedule of the Federal Court Rules is amended by inserting after Form 53 the following form:

“FORM 53a

NOTICE OF PROCEEDING

(Order 51a, rule 2)

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY No. of 19

DIVISION

On remittal from the High Court of Australia

BETWEEN:

A.B.

Applicant

AND:

C.D.

Respondent

NOTICE OF PROCEEDING

To (party) (address)

This matter (or part of this matter) has been remitted to the Federal Court of Australia by the accompanying order of the High Court of Australia.

A directions hearing in this matter will be heard by the Court at the time and place specified below.

If there is no attendance before the Court by you or your counsel or solicitor, the application may be dealt with and judgment may be given or an order made in your absence.

Before any attendance at that time you must file an appearance in the Registry unless you are the applicant or have entered an appearance in the High Court.

Time:

Place: (address of Court)

Date of notice: (e.g. 5 May 1984)

…….......................................

(Signed, Registrar)”

Further amendments

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

SCHEDULE Rule 12

FURTHER AMENDMENTS

Provision Amended	Amendment
Order 5, sub-rule 6 (1)..................	Omit “proceedings”, substitute “proceeding”.
Order 6, paragraph 3 (1) (a)..........	Omit “action”, substitute “proceeding”.
Order 9, sub-rule 3 (1)..................	Omit “or posting a notice of appearance to the Registry”.
Order 52, paragraph 15 (1) (b).......	Omit “issued”, substitute “filed”.
Order 62, rule 1............................	Omit “certificate includes allocatur;”.
Order 62, paragraph 38 (e)............	Omit “or allocaturs”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 September 1984.

2. Statutory Rules 1979 No. 140 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 9 and see also Statutory Rules 1984 No. 9.

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