EXPLANATORY STATEMENT
STATUTORY RULES 1989, NO 253
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 29 September 1989.
The amendment inserts a new Order 67 - Lands Acquisition Act 1989, into the Rules. The new Order provides for procedures in relation to applications, bringing an action, instituting proceedings or obtaining the approval of the Court under various sections of the Lands Acquisition Act 1989. The Rules set out the requirements when Statements of Claim are to be filed, the time limits for filing a Defence and Notice of Disputed Transaction and the form and content of affidavits relating to valuation and disputed transactions.