Federal Court Rules (Amendment) (Cth)
__________
WE, Judges of the Federal Court of Australia, hereby make the
following Rules of Court under the
Dated 7 September 1982.
N. H. BOWEN C.J.
R. A. SMITHERS J.
R. W. FOX J.
R. A. BLACKBURN J.
C. A. SWEENEY J.
R. J. A. FRANKI J.
P. G. EVATT J.
R. J. B. ST. JOHN J.
R. M. NORTHROP J.
J. L. TOOHEY J.
D. G. McGREGOR J.
J. F. GALLOP J.
J. DARYL DAVIES J.
J. S. LOCKHART J.
J. J. A. KELLY J.
T. R. MORLING J.
R. J. ELLICOTT J.
G. E. FITZGERALD J.
Judges of the Federal
Court of Australia
J. T. HOWARD
Registrar
For the purposes of this Order ‘respondent’ includes a person who is required to enter an appearance but is not named as a respondent.”.
The notice of appearance and any copies thereof shall be stamped in the Registry with the stamp of the Registry with the addition of the words ‘appearance entered’ and the date on which the stamp is affixed. The copies shall then be returned to the person entering the appearance.”.
A respondent shall, upon receiving the copies of the notice of appearance stamped with the stamp of the Registry, forthwith serve on the applicant at his place for service one of the copies so received.”.
A party to whom a document is produced for inspection under this Order may, at his own expense, make copies, including photocopies, of the document subject to any reasonable conditions which may be imposed by the party producing the document.”.
(1) Where a person named in a subpoena for production of any document or thing is not a party to the proceeding and he incurs substantial expense or loss in complying with the subpoena the Court dealing with the proceeding may order that the party who requested the issue of the subpoena pay to that person, in addition to any amount which the person served with the subpoena is entitled to be paid pursuant to Order 27 rule 3 or the Second Schedule, an amount which is sufficient to compensate him for such expense or loss as is reasonably incurred or lost by that person in complying with the subpoena.
Where an order is made under sub-rule (1) the Court hearing the matter shall either fix the amount or direct that the amount shall be fixed by the taxing officer.
The provisions of Order 62 shall apply mutatis mutandis to any taxation under this rule.”.
(1) Where a party to a proceeding before the Court is in lawful custody, the Court may on the request of that party, or of any other party, or of its own motion make an order requiring production of that party and may make such order in relation to the continuing custody of that party as may in the opinion of the Court be appropriate.
An order made under sub-rule (1) may if the Court thinks it appropriate be in accordance with Form 46B in the First Schedule.”.
After Division 3 of Order 44 of the Federal Court Rules the following Division is inserted:
“Division 3A—Payment pursuant to Statutory Entitlement
A person who wishes to make a payment into Court pursuant to a specific entitlement to do so contained in any Act of the Commonwealth may, at the time of making such payment, apply to the Court for such order and directions as are considered necessary.”.
(a) by omitting from sub-paragraph (1) (e) “or”;
(b) by omitting sub-paragraph (1) (f) and substituting the following
sub-paragraphs:
“(f) under section 107VZZG of the
Repatriation Act 1920;(g) under section 22B of the
Broadcasting and Television Act 1942;(h) under section 28A of the
Estate Duty Assessment Act 1914;(i) under section 36 of the
Gift Duty Assessment Act 1941;(j) under section 80 of the
Complaints (Australian Federal Police ) Act 1981;(k) under section 161 of the
Copyright Act 1968; or(l) to the extent appropriate under any other Act.”.
Where there is a respondent to the application, the application shall bear a note that before taking any step in the proceedings, the respondent must enter an appearance in the Registry and the respondent shall enter an appearance accordingly.”.
A notice of appeal shall be filed in an appropriate Registry.
For the purposes of this rule an appropriate Registry shall mean—
(a) if the appeal is from the judgment of a Court of a State or Territory—in the District Registry in that State or Territory;
(b) if the appeal is from a single Judge of the Court—in the Registry at the proper place;
(c) in any other case the Principal Registry—or an appropriate District Registry
provided that the Court or a Judge may, before or after the filing of any document order that any Registry is an appropriate Registry.”.
Where there is a respondent to the appeal, the notice of appeal shall bear a note that before taking any step in the proceedings, the respondent must enter an appearance in the Registry and the respondent shall enter an appearance accordingly unless he has already entered a notice of appearance pursuant to rule 7.”.
Where leave is sought pursuant to sub-rule (2) an applicant may present his case and his argument to the Court in writing pursuant to rule 15A.
If an applicant does not proceed pursuant to rule 15A the application shall be determined after an oral hearing.
Subject to sub-rule 15A (1) an application shall be made in or substantially in the form numbered 54A in the First Schedule.
An application shall be accompanied by an affidavit showing—
(a) the nature of the case;
(b) the questions involved; and
(c) the reason why leave should be given.”.
(1) An applicant who desires to present his case and argument in writing pursuant to sub-rule 3 (2), shall state in his application that he proposes to file a written case.
A respondent who does not desire to proceed by written case shall within
7 days of service of the application file and serve notice to that effect.
If no notice is filed by a respondent pursuant to sub-rule (2), each party shall file 4 copies of his written case within 28 days after the service of the application on the respondent.
A written case shall—
(a) bear the title of the proceeding;
(b) identify the party whose case it is;
(c) consist of paragraphs consecutively numbered; and
(d) state as concisely as possible—
(i) the circumstances out of which the application arises;
(ii) the contentions to be urged by the party concerned; and
(iii) the reasons relied upon.
So far as practicable, in a written case, references to the portions of the transcript relied upon shall be given by page and line, and the relevant portions of the transcript shall be annexed to the case.
A written case need not be printed and in bound form but shall be clear and legible and securely fastened.
When a party has filed his case he shall on the day of filing, give written notice to the other party that he has done so.
When all parties have filed their cases they shall exchange copies with one another.
Each party is entitled to 3 copies of each other’s case.
A case shall not be available for inspection at the proper place until all parties have filed their cases.”.
An application for a direction of the Court or a Judge under sub-rule (1) shall be made to the Court or a Judge by motion upon notice, and may be made whether or not a similar application has been made to the court below. An application for a direction under sub-rule (2) shall be made to the Court by motion upon notice, and may be made whether or not a similar application has been made to the court below.”.
In any rule in this order where power is conferred on the Court or a Judge, a single Judge may refer a question to the Court if he considers it appropriate.”.
The provisions of Order 57 shall continue to apply to any appeals from decisions of the Compensation Tribunal made before 1 July 1981 or to any question of law arising out of such a decision.
When an application has been instituted under section 243B of the Customs Act 1901, the applicant may in the same application ask the Court for an order directing the official receiver to take control of property pursuant to
section 243F of the Act.”.
In this Order—
‘Disciplinary Tribunal’ has the same meaning as in the
Complaints (Australian Federal Police) Act 1981.
Subject to Division 5 of Part VI of the
(a) by omitting Form 6 and substituting the following form:
“FORM 6
RULE TO SHOW CAUSE
(Order 4, sub-rule 15 (2))
.
BETWEEN:
A.B.
Applicant
and
C.D.
Respondent
ORDER
JUDGE:
DATE OF ORDER:
WHERE MADE:
It is hereby ordered that (
at in the State of on the day of 19
o’clock in the noon, to show cause why (
upon the grounds set forth in the affidavit of sworn the
19 and filed herein.
DISTRICT REGISTRAR
Date Entered:
And the Applicant claims by way of interlocutory relief:
1. An
order (
2. &c.
Date: e.g. 7 May 19 .
(
To the
respondent (
A directions hearing (and/or the applicants’ claim for interlocutory relief) will be heard by the Court at the time and place specified above. If there is no attendance before the Court by you or by your counsel or solicitor, the rule to show cause 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.
The applicant’s address for
service is (
(b) by omitting from Form 27 “applicant” and “of the
application ” and substituting “abovenamed applicant or respondent or as the case may be” and “on which the order is sought ” respectively;(c) by inserting after Form 46A the following form:
“Form 46B
ORDER
(Order 33, rule 15)
THE COURT ORDERS THAT:
1. The
Superintendent (
2. The
first day on which it is required to have this prisoner before the Court is (
(
(d) by omitting Form 54 and substituting the following form:
“Form 54
APPLICATION FOR LEAVE TO APPEAL
(Order 52, rule 4)
.
A.B.
Applicant
C.D.
Respondent
APPLICATION FOR LEAVE TO APPEAL
1. The
applicant applies for leave to appeal from the judgment of (
2. Leave
to appeal is required by (
3. The grounds of the application appear in the annexed affidavit.
4. (
Take Notice: Before taking any step in the proceeding you must enter an appearance in the Registry.
The applicant’s address for service is (
specify address for service )
(
(e) by inserting after Form 54 the following form:
“Form 54A
APPLICATION FOR LEAVE TO FILE AND SERVE OUT OF TIME
(Order 52, rule 15 (5))
.
Applicant
Respondent
APPLICATION FOR EXTENSION OF TIME TO FILE AND SERVE NOTICE OF APPEAL
1. The applicant applies for an extension of time in which to file and serve a notice of appeal from the judgment of (
specify court or Judge below ) given on (specify date ) at (specify place ).2. An extension of time is required because a notice of appeal was not filed and served within the time limited by Order 52 rule 15.
3. (
Where Order 52 sub-rule 15 (3) applies ) The applicant intends to present his case and argument in writing pursuant to Order 52 sub-rule 15 (5).
OR
3. This application will be heard by the Court at on . (
Place and date to be inserted by the Registrar ).4. The grounds of the application appear in the annexed affidavit.
DATE:
.............................................................................. .
(
(f) by omitting Form 55 and substituting the following form:
“Form 55
NOTICE OF APPEAL
(Order 52, rule 12)
.
On appeal from (
BETWEEN:
Appellant
and
Respondent
NOTICE OF APPEAL
1. The appellant appeals from the whole (
or if from a part, specify part ) of the judgment of (specify court or Judge below ) given on (specify date ) at (specify place ).2. (
Where applicable ) The appeal is brought pursuant to leave granted on (specify date ).
GROUNDS:
ORDER
SOUGHT: (
To the
respondent (
TAKE NOTICE:
(a) Before taking any step in the proceeding you must enter an appearance in the Registry, unless you have already entered an appearance pursuant to Order 52, rule 7.
(b) The papers in the appeal will be settled before the Registrar at on (
place, date and time to be inserted by the Registrar ).
The
appellant’s address for service is (
(
__________
FURTHER AMENDMENTS
Order 11, rule 2 | Omit from sub-paragraph 2 (b) “sub-rule (1)”, substitute “paragraph (a)” |
Order 40, rule 13 | Repeal |
Order 52, sub-rule 3 (2) | Omit “9”, substitute “15A” |
Order 52, sub-rule 3 (3) | Omit |
Order 52, sub-rule 3 (1) | After “determined” insert “by the Court or a Judge” |
Order 52, sub-rule 4 (1) | Omit “subject to sub-rule 9 (1)” |
Order 52, rule 9 | Repeal |
Order 52, sub-rule 14 (2) | After “Court” insert “or a Judge” |
Order 52, sub-rule 15 (1) (b) | After “Court” insert “or a Judge” |
Order 52, sub-rule 15 (2) | After “Court” insert “or a Judge” |
Order 52, sub-rule 16 (1) | Omit “Supreme” |
Order 52, sub-rule 17 (1) | After “Court” (last occurring) insert “or a Judge” |
Order 52, rule 20 | After “Court” (first occurring) insert “or a Judge” |
Order 52, sub-rule 22 (1) (a) | After “Court” insert “or a Judge” |
Order 52, sub-rule 39 (1) | Omit “Bench” substitute “Court” |
Order 59, rule 1 | Repeal |
Order 59, rule 2 | Omit “2”, substitute “1” |
Order 60, sub-rule 1 (2) | Omit |
Order 60, rule 2 | Repeal |
Order 60, rule 3 | Omit “3”, substitute “2” |
1. Notified in the Commonwealth of Australia Gazette on 16 September 1982.
2. Statutory Rules 1979 No. 140 as amended by 1980 No. 87.
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