Federal Court Amendment Rules 2003 (No. 2) 2003 No. 78
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 78
Issued by the authority of the Judges of the Federal Court of Australia
Federal Court Amendment Rules 2003 (No. 2)
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 2003 (No. 2).
RULE 2 - Commencement
This rule provides that these rules commence on 12 May 2003.
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
The following amendments are consequential to:
• the amendments made to the Workplace Relations Act 1996 by the Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 and the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002;
• the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003; and
• the amendments made to the Workplace Relations Regulations 1996 by the Workplace Relations Amendment Regulations 2003.
Personal service: how effected
[1] Order 7, paragraph 2 (1) (d)
This amendment replaces the reference to section 268 of the Workplace Relations Act with a reference to section 233 of Schedule 1B to the Workplace Relations Act.
Definitions for Order 48
[2] Order 48, rule 1, before definition of Workplace Relations Act
Order 48 applies to a proceeding in the Court to which the Workplace Relations Act applies. Order 48 rule 1 sets out certain definitions for the purposes of Order 48.
This amendment inserts a definition of "RAO Schedule" as meaning Schedule 1B to the Workplace Relations Act.
Rules to show cause
[3] Order 48, rule 5, definition of rule to show cause
This amendment replaces the reference to sections 208 and 209 and subsection 261 (8) of the Workplace Relations Act in the definition with a reference to sections 163, 164 and 164A and subsection 167 (2) of RAO Schedule.
[4] Order 48, rule 5, notes 1, 2 and 3
This amendment replaces notes 1, 2 and 3 with new notes 1, 2, 3 and 4. The new notes refer to the relevant provisions of the RAO Schedule.
[5] Order 48, subrule 6 (2)
This amendment replaces subrule 6 (2) with a new subrule 6 (2). The new subrule refers to the relevant provisions of the RAO Schedule.
[6] Order 48, rule 7, heading
This amendment replaces the heading to rule 7. The new heading refers to the relevant provisions of the RAO Schedule.
[7] Order 48, subrule 7 (3)
This amendment replaces the reference to section 208 of the Workplace Relations Act in the subrule with a reference to section 163 of the RAO Schedule.
[8] Order 48, paragraph 7 (3) (a)
This amendment replaces the reference to section 196 of the Workplace Relations Act in the subrule with a reference to section 142 of the RAO Schedule.
[9] Order 48, subrule 7 (4)
This amendment replaces the reference to section 209 of the Workplace Relations Act in the subrule with a reference to section 164 of the RAO Schedule.
[10] Order 48, after subrule 7 (4)
This amendment inserts a new subrule 7 (4A), which prescribes the information to be included in an affidavit in support of an application under section 164A of the RAO Schedule.
[11] Order 48, subrule 7 (5)
This amendment replaces the reference to section 261 of the Workplace Relations Act in the subrule with a reference to section 167 of the RAO Schedule.
Application of Division 4 - Inquiries and ballots in relation to registered organisations
[12] Order 48, paragraph 10 (a)
This amendment replaces the reference to section 218 of the Workplace Relations Act in the paragraph with a reference to section 200 of the RAO Schedule.
[13] Order 48, paragraph 10 (b)
This amendment replaces paragraph 10 (b) with a new paragraph 10 (b). The new paragraph refers to the relevant provisions of the RAO Schedule.
[14] Order 48, paragraph 10 (c)
This amendment replaces the reference to section 253ZJ of the Workplace Relations Act in the paragraph with a reference to section 94 of the RAO Schedule.
[15] Order 48, paragraph 10 (d)
This amendment replaces the reference to subregulation 98ZC (1) of the Workplace Relations Regulations in the paragraph with a reference to subsection 108 (1) of the RAO Schedule.
[16] Order 48, paragraph 10 (d)
This amendment replaces the reference to Division 7A of the Workplace Relations Act in the paragraph with a reference to Part 3 of Chapter 3 of the RAO Schedule.
[17] Order 48, paragraph 10 (e)
This amendment replaces the reference to subsection 253ZP (1) of the Workplace Relations Act in the paragraph with a reference to subsection 109 (1) of the RAO Schedule.
[18] Order 48, rule 10, notes 1 to 5
Notes 1 to 5 referred to the form of each application mentioned in Order 48 rule 10. The form of the applications mentioned in paragraphs 10 (a) to (d) were prescribed by subregulations 62 (2) and 98 (1), regulation 98J and subregulation 98ZC (2) of the Workplace Relations Regulations respectively. An application mentioned in paragraph 10 (e) had to be in accordance with form 4 of the Rules.
This amendment replaces notes 1 to 5 with new notes 1 and 2. The amendment is consequential to the omission of subregulations 62 (2) and 98 (1), regulation 98J and subregulation 98ZC (2) of the Workplace Relations Regulations, and the introduction of regulations 82 and 107 of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003.
The Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 do not prescribe the form of the applications mentioned in the new paragraphs 10 (a), (b) and (d). The form of the applications mentioned in the new paragraphs 10 (c) and (e) are prescribed by regulations 82 and 107 of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 respectively.
[19] After Order 48, rule 10
This amendment inserts a new rule 10A.
Subrule 10A (1) provides that an application mentioned in paragraph 10 (a) must be in accordance with form 50A and be accompanied by an affidavit stating the nature of the applicant's claim and the material facts on which the claim is based.
Subrule 10A (2) provides that an application mentioned in paragraph 10 (b) must be in accordance with form 50B and be accompanied by an affidavit stating the nature of the applicant's claim and the material facts on which the claim is based.
Subrule 10A (3) provides that an application mentioned in paragraph 10 (d) must be in accordance with form 50C and be accompanied by an affidavit stating the nature of the applicant's claim and the material facts on which the claim is based.
Application for interim orders
[20] Order 48, paragraph 13 (1) (a)
This amendment replaces the reference to section 221 of the Workplace Relations Act in the paragraph with a reference to 204 of the RAO Schedule.
[21] Order 48, paragraph 13 (1) (b)
This amendment replaces the reference to subregulation 98D (1) of the Workplace Relations Regulations in the paragraph with a reference to subregulation 77 (1) of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003. The amendment also replaces the reference to "interim order" with a reference to "order" so that the terminology used in the paragraph is consistent with that in subregulation 77 (1).
[22] Order 48, paragraph 13 (1) (b)
This amendment replaces the reference to Division 7 of the Workplace Relations Act in the paragraph with a reference to Part 2 of Chapter 3 of the RAO Schedule.
Schedule 1
[23] Schedule 1, after Form 50
This amendment inserts three new forms - Form 50A, Form 50B and Form 50C.
Form 50A is the prescribed form for an application under section 200 of the RAO Schedule for an inquiry into alleged irregularities that are claimed to have occurred in relation to an election.
Form 50B is the prescribed form for an application under section 69 of the RAO Schedule for an inquiry into alleged irregularities that are claimed to have occurred in relation to a ballot under Part 2 of Chapter 3 of the RAO Schedule.
Form 50C is the prescribed form for an application under section 108 of the RAO Schedule for an inquiry into alleged irregularities that are claimed to have occurred in relation to a ballot under Part 3 of Chapter 3 of the RAO Schedule.