EXPLANATORY STATEMENT
Statutory Rules 1986 No. 157
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 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 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 eleven occasions since then, excluding this occasion.
The Rules now made come into operation on 3 July, 1986. They have been introduced to provide for the practice of the Court to accommodate the changes made necessary by the Evidence Amendment Act 1985 (Act No. 198 of 1988). That Act introduced a new Part IIIB - Examination of Witnesses Abroad. The amended Rules will operate from the date the Evidence Amendment Act is to be proclaimed to come into effect.