Federal Court Amendment (2026 Measures no. 1) Rules 2026
EXPLANATORY STATEMENT
Federal Court Amendment (2026 Measures no. 1) Rules 2026
EXPLANATORY STATEMENT
Issued by the authority of the Judges of the Federal Court of Australia
Section 59(1) of the Federal Court of Australia Act 1976 (Cth) (‘the Act’) provides that the Judges of the Court or a majority of them may make Rules of Court, not inconsistent with the Act, making provision for or in relation to the practice and procedure to be followed in the Court (including the practice and procedure to be followed in Registries of the Court) and for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Court.
The Judges of the Court or a majority of them have previously made the Federal Court Rules 2011. These amending rules, the Federal Court Amendment (2026 Measures No.1) Rules 2026 (‘the amendments’), have now been made by a majority of the Judges of the Court to amend those Rules.
Subsection 59(4) of the Act provides that the Legislation Act 2003 (Cth) (other than sections 8, 9, 10, 16 and Part 4 of Chapter 3) applies to rules of court. In this application, a reference to a legislative instrument in the Legislation Act 2003 (Cth) is to be read as a reference to a rule of court and a reference to a rule-maker as a reference to the Chief Justice acting on behalf of the Judges of the Court, subject to such further modification or adaptations as are provided for in regulations made under section 59A of the Act.
The Court holds the view that a statement of compatibility with human rights is not required to be included in an explanatory statement to rules of court, as whilst the Act applies the Legislation Act 2003 (Cth) to rules of court, it does not expressly translate a reference to a legislative instrument in legislation other than the Legislation Act 2003 (Cth) into a reference to rules of court, such as in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
The Court notes that different views are held as to whether a statement of compatibility with human rights is formally required to be included in an explanatory statement to rules of court. However, for the avoidance of doubt, a statement of compatibility with human rights is included below.
The amendments are exempt from sunsetting under paragraph 8(8)(d) of the Legislation Act 2003 (Cth).
Statement of Compatibility with Human Rights
Federal Court Amendment (2026 Measures No.1) Rules 2026
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
Human rights implications
This legislative instrument engages the following applicable human rights or freedoms:
- Equality before courts and tribunals: Article 14 of the International Covenant on Civil and Political Rights provides for equality of all persons before courts and tribunals, and the right to a fair and public hearing before a competent, independent and impartial decision maker established by law.
These amendments aid in achieving the right to a fair and timely hearing in several ways. The amendments regulate applications for leave to institute proceedings by litigants in person where there is a direction that an application is not filed without the Court’s leave. They make express provision for livestreaming of proceedings and replace the definition of “recording device” with “recording tool”. The amendments harmonise the requirements for appeals from the Administrative Review Tribunal in relation to the filing of appeal books and other materials. They update the Rules to reflect the provisions of the Administrative Review Tribunal Act 2024 (Cth) and increase the monetary amounts for costs specified in Schedule 3.
Otherwise, as these amendments are minor and generally procedural only, they do not have any significant effect on human rights or freedoms.
Conclusion
This legislative instrument is therefore compatible with human rights as it does not raise any human rights issues.
- General Outline
Schedule 1 – Amendments
Schedule 1 contains amendments to the Federal Court Rules 2011 covering the following:
- Management of proceedings involving litigants in person.
- Livestreaming of Court proceedings.
- Appeals.
- The Administrative Review Tribunal.
- Costs.
Management of proceedings relating to litigants in person
Rule 2.27A is inserted to regulate applications for leave to institute proceedings where the Court has directed, under paragraph 2.27(f), that an originating application or notice of appeal is not to be accepted for filing without the Court’s leave. Rule 2.27A also prescribes the form of such an application and requires that it be made without notice to any other person and be accompanied by an affidavit explaining why leave should be granted. The affidavit must also list all current proceedings to which the applicant is a party, any applications refused in the preceding 12 months, and any applications made in the preceding 12 months that were required to not be accepted without the Court’s leave.
Division 5.3 is inserted with rule 5.25 empowering the Court, on its own motion, to order that any application for relief by a party to a proceeding be stayed for a specified period of up to six months where the party, or a person acting with the party’s authority, engages in abusive, threating, unduly repetitious or otherwise inappropriate communication or conduct towards another party, a Judge or officer of the Court, or a member of Court staff. During the period of the stay, rule 5.26 prohibits the stayed party from communicating with another party or the Court in relation to the proceedings, subject to limited exceptions for other proceedings under rule 5.27. Rules 5.28 and 5.29 permit applications to vary a stay to allow a particular communication to be determined on the papers. Rule 5.30 further permits the Court, on its own motion, to permanently stay the conduct of any application for relief where a party engages in further inappropriate conduct after having been subject to a stay. Rule 5.31 permits the Court to make a further stay order following the expiry of the stay. Rule 5.32 clarifies that Division 5.3 does not limit the Court’ powers to punish for contempt of Court.
Livestreaming of Court proceedings
Division 6.3 is added to make express provision for livestreaming proceedings. Rule 6.21 would confer a discretion on the Court to permit the livestreaming of any proceedings, or any part of a proceeding, and make clear that, in exercising that discretion, the Court may have regard to any practice note concerning livestreaming. The definition of “recording device” has been replaced with a new definition of “recording tool” to take account of modern technology.
Appeals
The amendments harmonise the requirements for appeals from the Administrative Review Tribunal and appeals to the Federal Court of Australia Full Court in relation to the appeal book and other materials that must be filed.
The appeal book must be divided into two parts, designated Part 1 and Part 2, and must contain only the material mentioned in the applicable division. This replaces the previous Part A, Part B and Part C under the former rules.
It is no longer necessary to obtain approval of the Registrar of the index or appeal book, but a Registrar’s assistance can be requested. The applicant must file the appeal book no later than 10 business days before the hearing of the appeal.
Each party to an appeal must file an outline of their submissions on the appeal, an updated outline of their submissions cross-references to the appeal book, a chronology of relevant events, an updated chronology of relevant events cross-references to the appeal book, and a list of authorities and any legislation to which they intend to refer.
An applicant must file the outline of submissions and chronology no later than 25 business days before the hearing, and a respondent must file no later than 20 business days before the hearing. An applicant filing documents in reply must do so no later than 15 business days before the hearing. The updated outline of submissions and updated chronology cross-referenced to the appeal book must be filed no later than five business days before the hearing. The list of authorities and legislation must be filed by an applicant no later than five business days before the hearing and by a respondent no later than four business days before the hearing.
Amendments relating to the Administrative Review Tribunal
The amendments update the Rules to reflect the provisions of the Administrative Review Act 2024 (Cth).
Amendments relating to costs
The amendments increase the monetary amounts specified in Schedule 3 of the Rules.
- Consultation
The Legislation Act 2003 (Cth) provides for certain consultation obligations when rules are made.
The Court consults regularly with the legal profession, both nationally and locally, about practice and procedure generally and in its different practice areas.
Internally, the Court consulted with judges, registrars and staff.
External consultation was undertaken with representatives of Administrative Review Tribunal with respect to the amendments of Part 4.
In respect of other amendments, external consultation was not considered necessary due to their very limited impact on parties to proceedings and the fact that they are administrative or internal in nature.
- Details of Amendments
[1] Name
The name of the rules is the Federal Court Amendment (2026 Measures No.1) Rules 2026.
[2] Commencement
The whole of the Federal Court Amendment (2026 Measures No.1) Rules 2026 commence on the fourteenth day after registration.
[3] Authority
The Federal Court Amendment (2026 Measures No.1) Rules 2026 are made under the Federal Court of Australia Act 1976 (Cth).
[4] Schedules
Indicates that each instrument that is specified in a Schedule to these Federal Court Amendment (2026 Measures No.1) Rules 2026 is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.
Schedule 1 – Amendment of the Federal Court Rules 2011
[1] Paragraph 2.27(d)
Repeals the paragraph and substitutes it with the new paragraph 2.27(d).
[2] After rule 2.27
Insert rule 2.27A.
[3] At the end of Part 5
Add Division 5.3 Orders to regulate conduct of litigants and new rules 5.25 to 5.32.
[4] Paragraph 6.03(a)
Omits “Form 2” and substitutes “Form 139”.
Part 2 – Amendments relating to livestreaming
[5] Division 6.2 (heading)
Omits the words “and recording devices”, and substitutes with “devices and recording tools”.
[6] Rule 6.11 (heading)
Omits the words “device in place where hearing taking place”, and substitutes with “tool in a hearing”.
[7] Subrule 6.11(1) (definition of recording device)
The definition is repealed.
[8] Subrule 6.11(1)
Inserts the definition of “recording tool”.
[9] Subrules 6.11(2) and (3)
Omits the words “recording device”, and substitutes with “recording tool”.
[10] At the end of subrule 6.11(3)
Adds the words “, including a hearing made accessible to the public by way of video link, audio link or other appropriate means”.
[11] Subrule 6.11(4)
Omits the words “recording device”, and substitutes with “recording tool”.
[12] Subrule 6.11(4) (note 1)
Adds the words “or tool” after the word “device” (wherever occurring).
[13] At the end of Part 6
Add that Rules 6.13 – 6.20 are left blank and insert Division 6.3 – Livestreaming proceedings in Cout and new rule 6.21.
[14] Part 3.7 of Schedule 2 (table item 117, column headed “Description (for information only)”)
Omits the words “recording device or communication device in a place where a hearing is taking place” and substitutes with “communication device or recording tool in a hearing”.
Part 3 – Amendments relating to appeals
[15] Subrules 33.23(1) to (3)
This amendment repeals subrules (1) to (3) and substitutes them with new subrules (1) to (3).
[16] Rules 33.24
This amendment repeals the rule and substitutes it with a new rule which provides for Registrar assistance.
[17] Paragraph 33.26(a)
Omits the words “Part A” and replaces them with “Part 1”.
[18] Subparagraphs 33.26(a)(i) and (ii)
The amendment repeals (i) and (ii) and replaces them with subparagraphs that refer to “a title page” and “Part 1”.
[19] Paragraphs 33.26(b) and (c) (not including the note)
This amendment repeals the items and replaces them with a new paragraph 33.26(b).
[20] Subrules 33.27(1) and (2)
This amendment repeals the subrules and replaces them with updated subrules 33.27(1) and (2).
[21] Subrule 33.27(4) (not including the note)
This amendment repeals the item and substitutes it with an updated subrules 33.27(4) and (5).
[22] Rule 33.28
This rule is repealed and substituted with rule 33.28 filing of appeal book.
[23] Subrule 33.29(2)
Omit the words “21 days” and substitutes with “20 business days”.
[24] Subrules 33.29(3) and (4) (not including the note)
Repeal the subrule and substitute with new subrule 33.29(3).
[25] Rules 36.51 and 36.52
Repeal the rules and substitute with new rules 36.51 and 36.52 which relate to appeal books and assistance from a Registrar.
[26] Paragraph 36.54(a)
Omit the words “Part A” and substitutes with “Part 1”.
[27] Subparagraphs 36.54(a)(i) and (ii)
The amendment repeals (i) and (ii) and replaces them with subparagraphs that refer to “a title page” and “Part 1”.
[28] Paragraphs 36.54(b) and (c) (not including the note)
The amendment repeals (b) and (c) and replaces them with a new subparagraph (b).
[29] Rules 36.55 and 36.56
Repeals the rules and substitutes with new rules 36.55 and 36.56 which relate to written submissions, chronology and lists of authorities, and filing of appeal books.
[30] Subrule 36.57(2)
Omit the words “21 days” and substitutes with “20 business days”.
[31] Subrules 36.57(3) and (4) (not including the note)
Repeals the subrules and substitute with a new subrule 36.57(3) which deals with the timing of a party to file an affidavit before the hearing of the appeal.
Part 4 – Amendments relating to the Administrative Review Tribunal
[32] Subparagraph 31.03(1)(b)(i)
Omits “section 28 of the AAT Act” and substitutes “section 268 of the ART Act”.
[33] Subrule 31.03(2) (note)
Omits the words “AAT Act” and substitutes with “ART Act”.
[34] Division 33.2 (heading)
Omit the word “Appeals” and substitutes with “Review”.
[35] Rule 33.11 (subparagraph (a)(i) of the definition of Registrar of the Tribunal)
Omits the words “an officer of the Tribunal under section 24PA of the AAT Act” and substitutes with “a registrar under section 237 of the ART Act”.
[36] Rule 33.11 (subparagraph (a)(ii) of the definition of Registrar of the Tribunal)
Omits the words “section 10A(3) of the AAT Act” and substitutes with “section 280 of the ART Act”.
[37] Rule 33.11 (paragraph (b) of the definition of Registrar of the Tribunal)
Omits the words “section 59B of the AAT Act, to be an authorised officer for the purposes of any provision of that Act or any other enactment” and substitutes with “section 286 of the ART Act, to perform or exercise a function or power of the Tribunal”.
[38] Rule 33.11 (definition of Tribunal)
Omits the word “Appeals” and substitutes with “Review”.
[39] Subrule 33.12(1)
Omits the words “AAT Act must” and substitutes with “ART Act must”.
[40] Subrule 33.12(1) (note)
Omits the words “section 44(2A) of the AAT Act, being not later than the 28th day after the day that a document setting out the terms of the decision is given to the person” and substitutes with “section 174 of the ART Act”.
[41] Subrule 33.12(2) (note)
Omits the words “section 44(7) of the AAT Act” and substitutes with “section 177 of the ART Act”.
[42] Subrule 33.12(4) (not including the notes)
Repeals the subrule and substitutes with new subrule 33.12(4).
[43] After subrule 33.12(4) (before the notes)
This amendment inserts a new subrule 33.12(5) which provides for a Registrar of the Court sending a copy of the notice of appeal to the Registrar of the Tribunal.
[44] Subrule 33.13(1)
Omits the words “section 44(2A) of the AAT Act” (wherever occurring) and substitutes with “section 174 of the ART Act”.
[45] Rule 33.17
Omits the words “section 44A of the AAT Act” and substitutes with “subsection 178(2) of the ART Act”.
[46] Paragraph 33.18(1)(d)
Omits the words “section 46(1)(a) of the AAT Act” and substitutes with “subsection 187(1) of the ART Act”.
[47] Paragraph 33.18(2)(b)
Omits the words “section 35(3) or (4) of the AAT Act” and substitutes with “section 70 of the ART Act”.
[48] Paragraphs 33.18(2)(c), (d) and (e)
Repeals the paragraphs and substitutes with a subrules 33.18(2)(c) to (j).
[49] Rule 33.18 (notes 1 to 4)
Repeals the notes and substitutes with notes 1 to 6.
[50] Paragraph 33.19(a)
Omits the words “section 43(2A) of the AAT Act” and substitutes with “subsection 112(5) of the ART Act”.
[51] Subrule 33.20(2) (note)
Omits the words “section 44(2A) of the AAT Act” and substitutes with “section 174 of the ART Act”.
[52] Subrule 33.20(3) (note)
Omits the words “section 44(7) of the AAT Act” and substitutes with “section 177 of the ART Act”.
[53] Paragraph 33.22(b)
Omits the words “section 44(8)(b) of the AAT Act,” and substitutes with “paragraph 177(3)(b) of the ART Act;”.
[54] Subrule 33.27(3)
Omits the words “section 44(7) of the AAT Act” and substitutes with “subsection 177(1) of the ART Act”.
[55] Subrule 33.29(4) (note)
Omits the words “section 44(7) of the AAT Act” and substitutes with “subsection 177(1) of the ART Act”.
[56] Schedule 1 (definition of AAT Act)
Repeal the definition.
[57] Schedule 1
Inserts the definition of the ART Act.
Part 5 – Amendments relating to costs
[58] Item 1A of Schedule 3
Repeals the item and substitutes with a new Item 1A to reference the updated legislation.
[59] Amendments of listed provisions—Schedule 3
The provisions of Schedule 3 are amended as listed in the table set out in this amendment.
Part 6 – Application provisions
[60] In the appropriate position in Part 43
Inserts Division 43.2—Transitional provisions relating to the Federal Court Amendment (2026 Measures No. 1) Rules 2026 and rules 43.03 to 43.05.