EXPLANATORY STATEMENT
Statutory Rules 1934 No. 9
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 have been amended on four occasions since then, excluding this occasion.
The Rules now made come into operation on 31 January 1984. These Rules provide for the Court’s practice and procedure where writs of mandamus or prohibition are sought against officers of the Commonwealth, or where injunctions are sought against them. The Court was given jurisdiction to entertain these applications other than those in respect of certain Commonwealth officers excluded by section 39B of the Judiciary Act 1903, from 20 December 1983.
The amendments also provide for the interest on judgments to be lowered from 15% to 12% per annum.
Several other minor changes to practice and procedure are made by these amendments. These are made either to clarify a practice or because a statutory change has made an amendment necessary.