EXPLANATORY STATEMENT
Statutory Rules 1967 No. 73
Issued by the Authority of the Judges of the Federal Court of Australia
AMENDMENTS OF THE RULES OF THE FEDERAL COURT OF AUSTRALIA
1987 No.73
Section 59 of the Federal Court of Australia Act 1976 permits the judges of the Court (of whom there are twenty-nine (29) 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 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 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 have been amended on 13 occasions since then, excluding this occasion.
The Rules now made come into operation on 1 May 1987. They provide for a revised scale of solicitors’ costs for work done in Federal Court proceedings. The Federal Costs Advisory Committee recommended an increase of 2.8% in the Federal Court Costs Scale and this recommendation was accepted by the Judges.
Overview
The Statutory Rules 1967 No. 73, issued under the authority of the Judges of the Federal Court of Australia, pertain to the amendments of the Federal Court Rules of 1987. These amendments were enacted to address the need for updated practices and procedures within the Federal Court, as permitted by section 59 of the Federal Court of Australia Act 1976. The Federal Court of Australia Act 1976 allows the judges of the Court to make rules governing the practice and procedure in the Court, including those in its registries, and any other matters incidental to such practice or procedure. The policy objective of these amendments is to reflect the recommendations of the Federal Costs Advisory Committee, which suggested a 2.8% increase in the Federal Court Costs Scale, a recommendation that the Judges have accepted. These rules came into effect on 1 May 1987, superseding the previous rules that had been in operation since 1 August 1979.
Scope and Application
The Statutory Rules 1967 No. 73, as amended by the Judges of the Federal Court of Australia under Section 59 of the Federal Court of Australia Act 1976, pertain to amendments of the Rules of the Federal Court of Australia. These amendments, which came into effect on 1 May 1987, primarily revise the scale of costs for solicitors' work in Federal Court proceedings. The amendments apply to all parties and entities involved in legal proceedings within the Federal Court of Australia, including its registries, and cover the practice and procedure followed in such proceedings. The jurisdictional reach of these Rules is national, applying across Australia as they are made under the authority of the Federal Court of Australia. The amendments do not exclude any specific persons, entities, industries, conduct, or transactions from their purview but are instead broadly applicable to all cases within the Federal Court’s jurisdiction. The Rules also extend their application through subordinate instruments, allowing for further refinement and specification of procedural matters as necessary.
Key Provisions
The main operative sections of the Statutory Rules 1967 No. 73 focus on amending the Rules of the Federal Court of Australia to include a revised scale of solicitors' costs for work done in Federal Court proceedings. This revision, which was made effective on 1 May 1987, follows the recommendation of the Federal Costs Advisory Committee and has been approved by the judges of the Court (section 59). The revision entails an increase of 2.8% in the Federal Court Costs Scale as recommended by the Committee.
These amendments impose obligations on solicitors and other legal practitioners involved in Federal Court proceedings. They must now adhere to the updated costs scale when claiming fees for their services. This includes ensuring that their billing practices align with the revised rates specified in the Rules. Furthermore, parties engaged in Federal Court litigation must be aware of these changes to avoid disputes over the applicable fees.
Any failure to comply with the new costs scale could result in legal repercussions. While the Explanatory Statement does not detail specific offences or penalties, breaches of court rules can generally lead to civil or criminal consequences, depending on the nature and severity of the violation. In the context of legal practice, non-compliance could potentially result in disciplinary action by the relevant legal practitioners' board or association, in addition to any other legal remedies available under the Federal Court of Australia Act 1976.
In summary, the new Rules of the Federal Court of Australia, as amended by Statutory Rules 1967 No. 73, mandate the updated scale of solicitors' costs for work done in Federal Court proceedings. Legal practitioners must adjust their billing practices accordingly to comply with these changes. Failure to do so may attract legal consequences, although specific penalties are not detailed in the Explanatory Statement.