Federal Court Rules (Amendment) 1992 No. 86
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 86
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. These amendments are necessary to implement the recommendation in the Ninth Report: Federal Costs Advisory Committee the scale of that costs be increased by 2.92%. This increase was approved by Judges of the Court on 27 March 1992.
Rule 1
Provides a commencement date of 13 April 1991.
Rule 2
Provides for the amendment of the Rules as set out.
Rule 3
Omits the Second Schedule (Costs allowable in respect of work done and service performed) and substitutes a new Second Schedule which increases the amounts in column 3 by 2.92%.
Overview
The Federal Court Rules (Amendment) 1992 No. 86, issued under the authority of the Judges of the Federal Court of Australia, was enacted to address the need for regular updates to the Federal Court Rules, as permitted by Section 59 of the Federal Court of Australia Act 1976. The amendments made in 1992 were introduced to implement the recommendation from the Ninth Report of the Federal Costs Advisory Committee, which proposed an increase in the scale of costs by 2.92%. This adjustment was approved by the Judges of the Court on 27 March 1992 and was intended to ensure that the costs allowable for work done and services performed were aligned with the current economic conditions and the needs of the Court's operations. The policy objective behind these amendments was to maintain the integrity and fairness of the Court's cost structure while reflecting the economic environment of the time.
Scope and Application
The Federal Court Rules (Amendment) 1992 No. 86 applies to the practice and procedure followed within the Federal Court of Australia and its registries. The rules are made under the authority of section 59 of the Federal Court of Australia Act 1976 and are applicable across the Commonwealth of Australia. These rules are designed to provide clarity and guidance on the procedural aspects of litigation and other matters before the Federal Court, including the calculation and allowance of costs associated with court proceedings. The amendments implemented by this instrument specifically relate to increasing the scale of costs allowable in respect of work done and services performed by 2.92% as recommended by the Federal Costs Advisory Committee and approved by the judges of the Court. The amendments do not introduce any exclusions or exemptions but rather refine and update the existing rules to reflect the approved increase in costs, ensuring they remain relevant and reflective of the current economic context.
Key Provisions
The Federal Court Rules (Amendment) 1992 No. 86, issued under the authority of the Judges of the Federal Court of Australia, amends the existing Federal Court Rules to adjust the costs allowable in respect of work done and service performed. This amendment is made pursuant to section 59 of the Federal Court of Australia Act 1976, which empowers the Judges to create rules governing practice and procedure in the Court, provided they do not conflict with the Act itself. The new rules came into effect on 13 April 1992, as stipulated in Rule 1 of the amendment. Rule 2 provides for the detailed changes to the Rules, while Rule 3 specifically omits the Second Schedule of the original Rules and replaces it with an updated version that increases the allowable costs by 2.92%.
These amendments impose specific obligations on parties and entities governed by the Federal Court Rules. Firstly, they require adherence to the updated costs schedule, ensuring that any claims for costs related to work done and services performed in the Court must now reflect the increased percentages as outlined in the new Second Schedule. Legal practitioners and parties involved in proceedings must therefore be aware of and apply these updated costs to their calculations, ensuring compliance with the amended Rules. Furthermore, the Judges of the Court have directed that the new Rules are to be applied in all relevant matters, reinforcing the necessity for all stakeholders to familiarise themselves with these changes to avoid any potential disputes or non-compliance issues.
The Federal Court Rules (Amendment) 1992 No. 86 also includes provisions for potential consequences of non-compliance. While the explanatory statement does not explicitly detail specific offences or penalties, the general legal framework dictates that failure to comply with Court Rules can result in a variety of consequences. These may include the disallowance of cost claims, the imposition of fines, or even orders for the payment of costs against the non-compliant party. The precise nature and extent of any penalties would depend on the specific circumstances of the breach, but the overarching principle is that adherence to the Court's Rules is mandatory, and deviations can lead to serious repercussions.