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.
Overview
The Statutory Rules 1986 No. 306, issued under the authority of the Judges of the Federal Court of Australia, amend the Rules of the Federal Court of Australia as per Section 59 of the Federal Court of Australia Act 1976. These amendments aim to refine the practice and procedure within the Federal Court, ensuring alignment with the Act and addressing specific procedural gaps identified over time. The Judges of the Federal Court, comprising a majority or the full bench, have the authority to enact these rules, which are designed to streamline the conduct of court business and enhance the efficiency of proceedings. These amendments, coming into effect on 1 December 1988, introduce new provisions for vacation hearings, establish a framework for reviewing decisions made by Registrars, and outline procedures for transferring certain cases to the Family Court of Australia, thereby filling identified legislative gaps and improving overall court administration.
Scope and Application
The statutory rules in question, specifically Statutory Rules 1986 No. 306, outline amendments to the Rules of the Federal Court of Australia. These amendments apply to the Court itself, its thirty-two judges including the Chief Justice, and any entities or individuals involved in proceedings within the Federal Court. The amendments pertain to the practice and procedure of the Court, including matters handled in its Registries. The geographic and jurisdictional reach of these rules is confined to the Commonwealth of Australia, affecting the operations of the Federal Court nationwide. The rules do not specify exclusions, exemptions, or thresholds within the explanatory statement, but the substantive changes indicate a focus on vacation hearings, the review of Registrar decisions, and the transfer of proceedings to the Family Court of Australia. The Act allows for further extension or restriction of application through subordinate instruments, enabling the Court to adapt and refine its procedures as necessary.
Key Provisions
The main operative sections of these Statutory Rules amend the Federal Court Rules of 1979, introducing new provisions to cater for specific aspects of court operations. Firstly, under Order 2 – Vacations, a new subrule is inserted to specify procedures for hearings that occur during the Court's fixed vacation period (Order 2, subrule 1A). This amendment ensures that hearings can still proceed during vacation periods while adhering to specified protocols. Secondly, a new rule 7B is introduced into Order 46 – Registries, which outlines the time frames and procedures for reviewing decisions made by Registrars who have exercised powers delegated under section 5.35A of the Federal Court of Australia Act 1976 (Order 46, rule 7B). This ensures that there is a clear and formal process for challenging decisions made by Registrars. Thirdly, a new Order 66 is added, titled Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act, 1988, which establishes procedures for the transfer of proceedings from the Federal Court to the Family Court of Australia, either on the Court’s own motion or upon application by a party (Order 66).
The amendments impose certain obligations on the parties and entities governed by the Federal Court Rules. For instance, parties involved in hearings during the Court’s fixed vacation must comply with the specific procedures outlined in Order 2, subrule 1A. This includes ensuring that all notices and documentation are submitted according to the prescribed timelines and formats. Additionally, any party seeking to review a decision made by a Registrar under delegated powers must adhere to the procedural requirements set out in Order 46, rule 7B, which mandates timely submission of review applications and compliance with the stipulated review process. Furthermore, the new Order 66 imposes procedural obligations on parties seeking the transfer of proceedings to the Family Court of Australia, requiring them to follow the outlined application procedures and meet any conditions specified in the Order.
The Statutory Rules do not explicitly state specific offences or penalties for non-compliance with the new provisions. However, non-compliance with the Federal Court Rules generally can lead to various civil and criminal consequences, depending on the nature and severity of the breach. For instance, failure to adhere to the specified procedures for hearings during the Court’s fixed vacation or for reviewing Registrar decisions may result in the Court dismissing the application or appeal, or imposing costs on the non-compliant party. Similarly, non-compliance with the procedures for transferring proceedings to the Family Court of Australia could lead to similar consequences, including the denial of the transfer request and associated costs. These consequences are in line with the overarching provisions of the Federal Court of Australia Act 1976, which empower the Court to manage and enforce compliance with its rules.