Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 3.01

  (1)   For section   35A(1)(h) of the Act, the following powers of the Court are prescribed:

  (a)   a power of the Court under a provision of an Act mentioned in column 2 of an item in Schedule   2;

  (b)   a power of the Court under a provision of these Rules mentioned in column 2 of an item in Schedule   2;

  (c)   the power of the Court to receive evidence on any application that a Registrar is empowered to decide;

  (d)   if the parties consent in writing:

  (i)   the power of the Court under section   23 of the Act to make an order for the dismissal of a proceeding and to make an order for the payment of costs;

  (ii)   the power of the Court under section   53A of the Act to make an order referring a proceeding to arbitration.

  (e)   the power of the Court under section   20A(2) of the Act to deal with a matter without an oral hearing.

  (2)   A description in column 3 of an item in Schedule   2 is for information only.

  (3)   A Registrar may only exercise the power referred to in paragraph   (1)(e) if:

  (a)   the requirements of sections   20A(2)(a) to (c) of the Act are met; and

  (b)   either:

  (i)   the application was made without notice; or

  (ii)   the parties to the proceeding consent.

Note 1:   For the powers of the Court that may, if the Court so directs, be exercised by a Registrar, see section   35A(1) of the Act.

Note 2:   Without notice is defined in the Dictionary.

Note 3:   See also the following:

(a)   sections   35A(1)(a) to (g) of the Act;

(b)   rule   16.1 and Schedule   2 to the Corporations Rules;

(c)   rule   2.02 and Schedule   1 to the Bankruptcy Rules;

(d)   rule   1.10 of the Federal Court (Criminal Proceedings) Rules   2016 .