Federal Court Amendment Rules 1999 (No 1)

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Federal Court Amendment Rules 1999 (No. 1) 1999 No. 15

EXPLANATORY STATEMENT

Statutory Rule 1999 No. 15

Issued by the authority of the

Judges of the Federal Court of Australia

Federal Court Amendment Rules 1999 (No. 1)

Section 59 of the Federal Court of Australia Act 1976 permits the Judges of the Court or a majority of them, to make rules of Court not inconsistent with the Act. These rules may provide for the practice and procedure to be followed in the Court and in Registries of the Court. They may extend to all matters incidental to any such practice or procedure that are necessary or convenient to be prescribed for the conduct of any business of the Court.

Under sub-section 59(4) of the Federal Court of Australia Act 1976, sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 which relate to the making of regulations, apply to these Rules of Court as if references to the regulations in those sections were references to Rules of Court.

The present Federal Court Rules came into operation on 1 August 1979. They are reviewed regularly.

RULE 1 - Name of rules

This rule provides that the rules are the Federal Court Amendment Rules 1999 (No. 1).

RULE 2 - Commencement

This rule provides that these rules commence on gazettal.

RULE 3 - Amendment of Federal Court Rules

This rule provides that the Federal Court rules are amended as set out in Schedule 1.

SCHEDULE 1 - Amendments

Setting aside a Subpoena

[1] Order 27, subrule 90(1)

This amendment amends Order 27 subrule 9(1) so that an application for setting aside a subpoena is able to be made by any person whose interests might be affected by compliance with a subpoena.

(Intellectual Property) Use of the term "Secretary"

[2]. Order 58. subrule 1(1), definition of decision

Sub section 5(2) of the Patents (World Trade Organisation Amendments) Act 1994 (Act No. 154 of 1994), repealed Division 2 of Part 3 of Chapter 6 of the Patents Act 1990, which included the sections in the Patents Act which referred to the Secretary of the Department of Community Services and Health.

The term 'Secretary' was defined in 0 58 rl(1) of the Federal Court Rules to mean "the Secretary referred to in the Patents Act". As the reference to 'Secretary' has been removed from the Patents Act, the reference must also be removed from the Federal Court Rules.

This amendment is to remove the reference to 'Commissioner or Secretary' and inserts the term 'Commissioner'.

[3]. Order 58, subrule 1 (1), definition of Secretary

This amendment is to remove the definition of the term 'Secretary'.

[4]. Order 58, Part II, heading

This amendment is to substitute a new heading for this part of the order, thereby removing the reference to the term 'Secretary'.

[5]. Order 58, subrule 4(1)

This amendment is to remove the reference to the term 'Secretary'.

[6]. Order 58, subrule 4(2)

This amendment is to remove the reference to the term 'Secretary'.

[7]. Order 58, subrule 4(4)

This amendment is to remove the reference to the term 'Secretary'.

[8] Order 58, rule 6, heading

This amendment is to substitute the heading for this rule, thereby removing the reference to the term 'Secretary'.

[9] Order 58, rule 6

This amendment is to remove the reference to the term 'Secretary'.

[10] Order 58, paragraph 6(a)

This amendment is to remove the reference to the term 'Secretary'.

[11] Order 58, subrule 8(1)

This amendment is to remove the reference to the tern 'Secretary'.

[12] Order 58, rule 9

This amendment is to remove the reference to the term 'Secretary'.

Bankruptcy Proceedings

[13] Order 77, subrule 22(1)

This rule amendment adds into Order 77 subrule 22(1), the words "or grants leave for a creditor's petition to be withdrawn". This requires that, when leave has been given by the Court for a creditor's petition to be withdrawn pursuant to subsection 47(2) of the Bankruptcy Act 1966, the applicant creditor must enter the order within one day after it is made and give a copy of the order to any person who has consented to act as trustee of the debtor's estate under s 156A of the Bankruptcy Act and to the Official Receiver for the District in which the order was made.

Bankruptcy Proceedings

[14] Order 77, after rule 22

This new Order 77 rule 22A provides that an applicant creditor must do certain things after an order is made by the Court under subsection 52(5) of the Bankruptcy Act.

Under s 52(4) of the Bankruptcy Act, a creditor's petition lapses at the expiration of twelve months after its date of presentation unless, a sequestration order is made, the petition is dismissed or withdrawn, or an order is made under s 52(5) extending its life. Subsection 52(5) gives the Court power to extend the period at the expiration of which a petition will lapse, to a period not exceeding twenty-four months from the date of presentation of the petition.

The rule amendment requires that applicant creditor to enter an order made under subsection 52(5) of the Bankruptcy Act. The applicant creditor must also give a copy of the order to the trustee of the debtor's estate, and to the Official Receiver for the District in which the order was made.

Overview

The Federal Court Amendment Rules 1999 (No. 1) were enacted to amend the Federal Court Rules to address specific issues arising from recent changes in related legislation, particularly the Patents (World Trade Organisation Amendments) Act 1994 and the Bankruptcy Act 1966. These amendments were issued by the authority of the Judges of the Federal Court of Australia under section 59 of the Federal Court of Australia Act 1976. The objective of these rules is to ensure that the practice and procedure within the Federal Court are consistent with the current legislative framework and to reflect the removal of certain references in the Patents Act 1990 and other legislative changes. These amendments streamline the process for handling subpoenas and creditor petitions in bankruptcy proceedings, ensuring compliance with the most recent legal standards and practices.

Scope and Application

The Federal Court Amendment Rules 1999 (No. 1) apply to the Federal Court of Australia and its registries, amending the existing Federal Court Rules to ensure consistency and compliance with current legislative provisions. These rules cover amendments to various orders and rules within the Federal Court, including modifications related to subpoenas, intellectual property, and bankruptcy proceedings. The amendments are made to align the rules with recent legislative changes and to remove outdated references to terms such as "Secretary," which have been repealed from other acts. The changes are applicable nationally across Australia as they pertain to the federal court system, and they do not specify any exclusions or exemptions. Any further application or interpretation of these rules can be extended or restricted through subordinate instruments as needed, ensuring that the rules remain relevant and effective within the jurisdiction of the Federal Court.

Key Provisions

The Federal Court Amendment Rules 1999 (No. 1) primarily amend existing Federal Court Rules to ensure consistency with changes in other relevant legislation. One of the key provisions is the amendment to Order 27 subrule 9(1) (paragraph 1), which allows any person whose interests might be affected by compliance with a subpoena to make an application for setting aside that subpoena. This amendment broadens the scope of who can challenge a subpoena within the Federal Court. Another significant amendment concerns the term "Secretary" in relation to intellectual property matters (paragraphs 2-12). The Patents (World Trade Organisation Amendments) Act 1994 removed references to the 'Secretary' of the Department of Community Services and Health from the Patents Act 1990, and the Federal Court Rules have been updated to reflect this change. Specifically, the term 'Secretary' has been replaced with 'Commissioner' and all references to 'Secretary' have been removed. The Federal Court Amendment Rules impose certain obligations on parties and entities governed by these rules. For example, under the amended Order 77 subrule 22(1) (paragraph 13), when the Court grants leave for a creditor's petition to be withdrawn in bankruptcy proceedings, the applicant creditor must promptly enter the order and notify relevant parties. Similarly, under the new Order 77 rule 22A (paragraph 14), after an order extending the life of a creditor's petition is made, the applicant creditor must enter this order and provide copies to the debtor's trustee and the Official Receiver. These requirements ensure transparency and timely communication in bankruptcy proceedings. Failure to comply with the provisions of the Federal Court Amendment Rules may result in various consequences. While the rules themselves do not specify explicit penalties, breaches of procedural requirements in the Federal Court can lead to applications to set aside orders, dismissal of cases, or other judicial remedies. Additionally, failure to adhere to the notification requirements in bankruptcy proceedings, as outlined in Order 77 subrule 22(1) and rule 22A, may result in the affected parties seeking relief or redress from the Court. The precise civil or criminal consequences would depend on the nature and severity of the breach, as well as the discretion of the Court.

Area of Law: Civil Litigation & Procedure
Instrument: Rules
Concepts: Commencement Provisions; Delegated & Subordinate Legislation; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.