EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 72
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, 48A, 48B, 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.
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The Rules now made come into operation on 12 March 1990.
The amendments provide for a more efficient means of taxing bills of costs, by giving parties to a taxation the opportunity to object to items on a bill prior to taxation, and enabling the taxing officer to allow items not objected to. Decisions of the taxing officer may be reviewed by a Judge of the Court.
The amendments also provide for the giving of directions as to the filing and exchange of witness’ statements; the inclusion of additional material on the first page of documents filed in Court; the certification by the District Registrar of the application of funds paid into Court and for the deletion of Orders made otiose by the repeal of certain Acts. Certain minor consequential amendments have also been made. The rate of interest which accrues on money judgments awarded by the Court has been increased from 15% to 17%.