Explanatory Statement
Statutory Rules 1990 No. 414
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, 48A, 48B, 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.
Rule 1
Provides that the Rules now made come into operation on 1 January 1991.
Rule 2
Provides for the Federal Court Rules to be amended as set out in these Rules,
Rule 3 (Commencement of Proceedings)
Provides that Rules 11, 12 and 13 in Order 4 be omitted and substituted for the following reason. In October 1990 Order 4 was amended to correct a deficiency in the Rules regarding the giving of notice to a respondent of an altered hearing date. Unfortunately the statutory rule circulated for signature erroneously designated the rules the subject of the amendment as “sub-rules”. There is concern that those amendments may not be effective in those terms. The substituted rules 11, 12 and 13 correct the erroneous description,
Rule 4
Amendment to Order 62, rule 12, Second Schedule (Costs allowable in respect of work done and services performed after 31 December 1990).
The Rule omits the current Schedule of Costs and substitutes a new Schedule which increases the scale of solicitors costs specified by 13.56%, The increase was recommended by a majority of the Federal Costs Advisory Committee in its Eighth Report on Solicitors Costs dated August 1990. Mr B. Thornton, an Assistant Secretary in the Defence and Government Division of the Department of Finance, a member of the Committee, did not agree with the recommendation and considered that the increase in solicitors costs should be 6.38%.
Rule5
Is a transitional rule providing that the Schedule omitted continues to apply to work performed prior to the commencement of the new rule.