EXPLANATORY STATEMENT
Statutory Rules 1983 No.264
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-seven (27) 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. 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 (Statutory Rules 1979 No. 140). They were amended by Statutory Rules 1980 No. 87 which operated from 1 May 1980, 1982 No. 217 which operated from 1 October 1982 and 1982 No. 408 which operated from 7 February 1983.
The Rules now made come into operation on 8 November 1983. These Rules provide a new Second Schedule to the Federal Court Rules. The Second Schedule contains a scale of costs solicitors are entitled to charge in respect of work done on and after 8 November 1983. Bills of costs are taxed by an officer of the Federal Court. His decisions are subject to review by a Judge on the application of a party to the litigation.
The Federal Court has followed the High Court costs’ scale since the Court commenced operating in 1977. The scale now introduced was adapted from a model scale submitted by the Law Council of Australia for the Judges’ consideration.
The amounts shown in the scale generally accord with those which may be claimed in the High Court. They provide an increase of about 20% over similar costs which operated from March 1981.