Federal Court Rules (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1968 NO. 217

Issued by the authority of the Judges of the Federal Court of Australia

AMENDMENT OF THE RULES OF THE FEDERAL COURT OF AUSTRALIA

Section 59 of the Federal Court of Australia Act 1976 permits the Judges of the Court (of whom there are thirty-two (32) including the Chief Justice) or a majority of them to 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 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. Section 59 of the Act also provides that sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to these Rules of Court made under that section as if references in those sections of that Act to regulations were references to Rules of Court.

The present Federal Court Rules came into operation on 1 August 1979. They have been reviewed regularly since then.

The Rules now made come into operation on 5 September 1988. They provide first for a revised scale of solicitors’ costs for work done in Federal Court proceedings. The Federal Costs Advisory Committee recommended an increase of 2.1% in the Federal Court Costs Scale and this recommendation was accepted by the Judges.

Secondly, the amendement to Order 41 of the Rules removes the requirement for backsheets on documents filed in the Court. The information which was hitherto shown on backsheets will now be shown on the first page of each document prepared by a party for use in the Court. The amendment goes on to nominate the information which should be provided on each first page.