Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 1.05

Application

             (1)  It is intended that the practice and procedure of the Court be governed principally by these Rules.

             (2)  However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Family Law Rules, the Federal Court Rules or the Federal Court (Criminal Proceedings) Rules 2016 , in whole or in part and modified or dispensed with, as necessary.

             (3)  Without limiting subrule (2):

                     (a)  the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and

                     (b)  the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, apply, with necessary changes, to general federal law proceedings.

Note:          These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters:  see subsection 81(2) of the Act.

 

General outline:

*           Chapter 1 applies to all proceedings

*           Chapter 2 applies to family law and child support proceedings

*           Chapter 3 applies to all proceedings other than family law and child support proceedings

*           Chapter 5 applies to proceedings under the Australian Human Rights Commission Act 1986

*           Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975 .



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