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.
Overview
The Statutory Rules 1934 No. 9, issued by the authority of the Judges of the Federal Court of Australia, amends the Rules of the Federal Court of Australia. Enacted to facilitate the administration of justice in the Federal Court, these amendments address specific procedural aspects and update certain practices to align with legislative changes. The Federal Court of Australia Act 1976, under section 59, empowers the Judges of the Court to enact these rules, ensuring they are not inconsistent with the Act and serve to regulate the practice and procedure within the Court. These amendments, effective from 31 January 1984, primarily focus on adjusting the interest rates on judgments and clarifying certain practices, including those relating to applications for writs of mandamus or prohibition against Commonwealth officers, as well as injunctions, in accordance with the expanded jurisdiction granted by the Judiciary Act 1903.
Scope and Application
The Statutory Rules 1934 No. 9, issued by the authority of the Judges of the Federal Court of Australia, pertain to amendments of the Rules of the Federal Court of Australia. Under Section 59 of the Federal Court of Australia Act 1976, these rules are established to govern the practice and procedure of the Court, including its registries, as well as all matters incidental or necessary for the conduct of the Court's business. These rules apply to the entire Court, which comprises twenty-seven judges including the Chief Judge, and are designed to be consistent with the provisions of the Federal Court of Australia Act 1976. The amendments, which came into effect on 31 January 1984, were made to address specific scenarios such as applications for writs of mandamus or prohibition against Commonwealth officers, as well as injunctions, with certain officers excluded by Section 39B of the Judiciary Act 1903. Additionally, the amendments lowered the interest on judgments from 15% to 12% per annum and included several minor changes to clarify practices or to accommodate statutory changes.
Key Provisions
The primary operative sections of the Statutory Rules 1934 No. 9 are those that update and clarify the Rules of the Federal Court of Australia, particularly concerning the practice and procedure for certain applications and the interest rate on judgments. Section 59 of the Federal Court of Australia Act 1976 empowers the Judges of the Court to enact these rules, which are designed to ensure that the practice and procedure within the Court are consistent with the Act (section 59(1)). These rules, which came into effect on 31 January 1984, apply to applications such as writs of mandamus or prohibition against Commonwealth officers and injunctions against them, aligning with the Court's jurisdiction under section 39B of the Judiciary Act 1903 (section 59(2)). The amendments also reduce the interest on judgments from 15% to 12% per annum (section 59(3)).
The Act imposes several obligations on the parties and entities it governs. Firstly, the Judges of the Federal Court must ensure that the rules they enact are not inconsistent with the Federal Court of Australia Act 1976 (section 59(1)). Furthermore, these rules must be made in accordance with sections 48, 49, and 50 of the Acts Interpretation Act 1901, as if they were regulations (section 59(4)). Additionally, the Court must adhere to the updated rules concerning the interest on judgments and the specified practice and procedure for certain applications. Parties involved in litigation must also comply with these rules when seeking relief from the Court.
Breaches of these rules can result in various consequences. While the rules themselves do not specify particular offences, non-compliance with the Federal Court of Australia Act 1976 or the Judiciary Act 1903 could lead to legal repercussions. In such cases, the Federal Court has the authority to impose sanctions, including fines or other penalties as deemed appropriate. For example, under the Judiciary Act 1903, contempt of court is an offence that can attract penalties such as imprisonment or fines (section 120). Although the rules do not explicitly state maximum penalties, they mandate adherence to the established practice and procedure, with non-compliance potentially leading to judicial sanctions.