Rules of the Federal Court of Australia 1997 No. 82
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 82
AMENDMENT TO THE RULES OF THE FEDERAL COURT OF AUSTRALIA
The Judges of the Court (of whom there are forty-eight (48), including the Chief Justice) or a majority of them, make Rules of Court providing for the practice and procedure to be followed in the Court and in the Registries of the Court. By subsection 59(4) of the Federal Court of Australia Act 1976, Rules of Court made under the section are subject to sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 which relate to the making of regulations, 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 - Amendment
This rule provides for the amendment of the Federal Court Rides as set out in these rules. The Rules will commence on gazettal.
Rule 2 - Court holiday
This rule deletes Order 2 rule 3 which provided that the day after Easter Monday be a holiday to be observed by the Court and the Registry.
Rule 3 - Registry hours
This rule amends Order 3 rule 6(1) and 6(2) to include Easter Monday as a day on which the Registry is closed. The combined effect of Rides 2 and 3 is that Easter Monday is no longer a Court holiday but is a day on which the Registry is closed.
Rule 4 - Affidavits
This rule amends Order 14 ride 2 to provide clearer identification of the deponent of an affidavit, the date of wearing of an affidavits the pagination of affidavits and annexes or exhibits to affidavits.
Rule 5 - Evidence
This rule amends Order 33 to add rules 16, 17, 18 and 19.
Sections 67, 97 and 98 of the Evidence Act 1995 require a party to give notice when the party intends to adduce hearsay evidence in reliance m Division 2 in Part 3.2 of that Act (s 67), notice of an intention to adduce evidence relating to the "tendency rule" (s 97) and. notice of an intention to adduce evidence relating to the "co-incidence rule" (s 98). Sub-section 67 (2) provides for the giving of the notice under s 67 in accordance with any regulations or rules of court made for the purpose of the section. Similarly s 99 provides for the giving of notice under ss 97 and 98 'm accordance with any regulations or rules of court made for the purposes of the section. The amendments are made for the purposes of ss 67, 97 and 98 and prescribe the form of the giving of notice under the sections.
Rule 6 - Inspection of documents
This rule amends Order 46 rule 6 by deleting rule 6 and substituting a new rude. The rule provides for the searching of documents in proceedings in the Court by persons, subject to any order to the contrary made by a judge.
Rule 7 - Appeals from Immigration Review Tribunal
This rule omits Order 53A. Appeals from the Immigration Review Tribunal are no longer provided for in the Migration Act 1958, They were replaced by a system of "judicially reviewable decisions" on 1 September 1994, the procedure for which is dealt with in Order 54B of the Rules of Court.
Rule 8 - Corporations Rules
This rule omits Order 71 rule 17 of the Corporations Rules. The rule applied to applications to the Court under section 206LD of the Corporations Law. The section was repealed by the First Corporate Law Simplification Act 1995 and the rule is now unnecessary.
Rule 9. First Schedule - Forms
Form 55F
This form provided the notice of appeal for appeals under Order 53A and that Order has been omitted.
Form 128
This form is the affidavit of prescribed information for the purposes of the Corporations Rules. The reference to rule 17(2) is no longer required as Order 71 rule 17 has been omitted.
Form 144
This form provides for the giving of notice of intention to adduce evidence of previous representation under Order 33 rule 16.
Form 145
This form provides for the giving of notice of an objection to tender of hearsay evidence if the maker of the representation is available under Order 33 rule 17.
Form 146
This form provides for the giving of notice of intention to adduce tendency evidence under Order 3 rule 18.
Form 147
This form provides for the giving of notice of intention to adduce coincidence evidence under Order 33 rule 19.
Overview
The Rules of the Federal Court of Australia 1997 No. 82, as amended, were enacted to provide for the practice and procedure to be followed in the Federal Court of Australia and in the Registries of the Court. Made under the Federal Court of Australia Act 1976, these rules are subject to the provisions of the Acts Interpretation Act 1901 relating to the making of regulations. The objective of the rules is to ensure the efficient and effective administration of justice within the Federal Court by providing clear and accessible guidelines for legal practitioners and parties involved in court proceedings. The rules are reviewed and updated regularly to reflect changes in the law and to address any gaps or problems that may arise in the court's operation.
The explanatory statement for these amendments highlights several key changes. Notably, it addresses the deletion of certain outdated provisions, such as the holiday on the day after Easter Monday, and the inclusion of Easter Monday as a day on which the Registry is closed. Additionally, the amendments provide clearer identification of the deponent of an affidavit and the pagination of affidavits and their annexes or exhibits. Other significant changes include the addition of new rules relating to the notice of intention to adduce hearsay evidence, the "tendency rule," and the "coincidence rule," as required by sections of the Evidence Act 1995. The amendments also reflect legislative changes, such as the repeal of the system for appeals from the Immigration Review Tribunal and the repeal of a section of the Corporations Law. These amendments aim to streamline court procedures and ensure compliance with current legislation.
Scope and Application
The Rules of the Federal Court of Australia 1997, as amended by these statutory rules, establish the practice and procedure to be followed in the Federal Court and its registries. These rules apply to all persons and entities that engage in litigation within the Federal Court of Australia, including individuals, corporations, and government bodies. They are designed to ensure that all legal proceedings are conducted in a fair and efficient manner. The jurisdiction of these rules is nationwide, applying to cases heard within the Commonwealth of Australia, thereby encompassing both state and federal matters as they come under the purview of the Federal Court. The amendments outlined in these rules exclude certain practices, such as the specific closure of the registry on the day after Easter Monday and the removal of appeals from the Immigration Review Tribunal, which have been superseded by new legislative frameworks. Furthermore, these rules provide for the administration of notices and the inspection of documents, ensuring adherence to statutory requirements for evidence and the presentation of affidavits. The application of these rules can be extended or restricted through subordinate instruments, which are subject to the oversight of the Judges of the Court.
Key Provisions
The Federal Court Rules, as amended by the Statutory Rules 1997 No. 82, contain several key provisions that are essential to understand for any practising lawyer. Rule 1 (paragraphs 1-3) outlines the process for amending the Federal Court Rules, ensuring they are kept up-to-date and relevant. Rule 2 (paragraph 4) eliminates the day after Easter Monday as a holiday for the Court and Registry, thereby clarifying the operational calendar. Rule 3 (paragraph 5) adjusts the Registry hours to include Easter Monday as a closure day, reflecting the change in holiday status. Rule 4 (paragraph 6) introduces clearer identification requirements for the deponent of an affidavit, the date of swearing, and the pagination of affidavits and their annexes or exhibits, enhancing procedural clarity and accountability.
The obligations imposed by these rules on the parties and entities governed by them include adhering to the amended operational calendar, ensuring compliance with the updated identification and pagination requirements for affidavits, and following the prescribed form and procedures for giving notice of various types of evidence as per Rules 5 and 6 (paragraphs 7-9). The rules also require the use of specific forms for notices of appeal and evidence, as detailed in the First Schedule (paragraph 10). These obligations are designed to streamline court procedures and ensure transparency and fairness in litigation processes.
Failure to comply with these rules can result in various legal consequences. For instance, not adhering to the notice requirements under Rules 5 and 6 (paragraph 11) can lead to the exclusion of certain evidence, potentially affecting the outcome of a case. Similarly, not using the prescribed forms for notices as per the First Schedule (paragraph 12) may result in procedural errors or delays. While the rules themselves do not explicitly state maximum penalties, breaches of court rules can generally lead to sanctions such as costs orders, dismissal of proceedings, or other disciplinary actions as determined by the court under its inherent jurisdiction. It is crucial for lawyers to be aware of and comply with these rules to avoid adverse consequences for their clients.