EXPLANATORY STATEMENT
Statutory Rules 1982 No.408
Issued by the Authority of the Judges of the Federal Court of Australia
AMENDMENTS 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 twenty-five (25) including the Chief Judge) 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 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 section 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 (Statutory Rules 1979 No. 140). They were amended by Statutory Rules 1980 No. 87 which operated from 1 May 1980 and 1982 No. 217 which operated from 1 October 1982.
The Rules now made come into operation on 1 February 1983. These Rules provide, inter alia, for the Registrar to seek the direction of a Judge where documents sought to be filed appear to be an abuse of process; the issue and service of subpoenas during an inquiry under s.161 of the Conciliation and Arbitration Act 1904; a streamlined practice for dealing with appeals to the Court from the Administrative Appeals Tribunal.
There are other minor Amendments made either to correct anomalies or to clarify matters of practice.