EXPLANATORY STATEMENT
STATUTORY RULES 1989 No. 144
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 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 the 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 1 July 1988. The amendments introduce a new Order 10A into the Rules. This Order provides the necessary procedures for the Court’s exercise of jurisdiction given to it by the Jurisdiction of Courts (Cross-vesting) Act, 1987. This allows for the transfer of proceedings from the Court to another court exercising jurisdiction under the aforementioned Act.