EXPLANATORY STATEMENT
Statutory Rules 1984 No. 258
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 (30) 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 five occasions since then, excluding this occasion.
The Rules now made come into operation on 1 October 1984. These Rules provide for:
- the filing of certain documents by post or by transmission through a document exchange;
- for the giving of additional directions prior to a hearing, including directions involving the public interest in certain Trade Practices Act matters;
- for a standard procedure where a party fails to complete a procedural step ordered by a Judge to be taken, and
- for reconsideration of certain decisions of taxing officers.
The Rules also provide a practice to be followed where matters are remitted to the Court by the High Court of Australia.