EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 306
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 1 December 1988. The first amendment inserts into Order 2 - vacations, a new subrule which relates to hearings in the Court’s fixed vacation.
The second amendment inserts a new rule 7B into Order 46 - Registries. The new rule sets out the prescribed time and the procedures for reviewing the decision of a Registrar who has exercised any of the powers delegated to him or her under 5.35A of the Federal Court of Australia Act, 1976.
The third amendment inserts a new Order 66 - Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act, 1988, into the Rules. The new Order provides for procedures for the transfer by the Court on its own motion, or on the application of a party, of proceedings under an Enabling Act, as defined in the Order, to the Family Court of Australia.