Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - SCHEDULE 2

Powers of the Court that may be exercised by a Registrar

(rule 3.01)

Part 3.1 -- Corporations (Aboriginal and Torres Strait Islander) Act 2006

 

Item

Provision

Description (for information only)

1

Section 526-1(1)

Power to order that an Aboriginal and Torres Strait Islander corporation be wound up

Part 3.2 -- Trans-Tasman Proceedings Act 2010

 

Item

Provision

Description (for information only)

11

Section 36(1)

Power to set aside a subpoena in whole or in part

12

Section 36(4)

Power to determine an application without a hearing

13

Section 36(6)

Power to direct that a hearing may be held remotely

14

Section 38

Power to issue a certificate stating that the person named in a subpoena has failed to comply with the subpoena

Part 3.3 -- Federal Court of Australia Act 1976

 

Item

Provision

Description (for information only)

21

Section 31A(1)

Power to give summary judgment for a prosecuting party

22

Section 31A(2)

Power to give summary judgment for a defending party

23

Section 32AB(1)

Power to order the transfer of a proceeding to the Federal Circuit Court of Australia

24

Section 32AB(7)

Power to make a necessary order pending the disposal of a proceeding by the Federal Circuit Court of Australia

24A

Sections 37AF and 37AI

Power to make an order prohibiting or restricting the publication or other disclosure of particular evidence or the name of a party or witness

25

Section 37N(3)

Power to require a party's lawyer to give the party an estimate of the likely duration of the proceeding or part of the proceeding and of the likely amount of costs the party will have to pay in connection with the proceeding or part of the proceeding

26

Section 37P(2)

Power to give directions about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding

27

Section 37P(5)

Power to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding

28

Section 43(3)

Power to do any of the things mentioned in paragraphs 43(3)(a) to (g) in relation to costs of or in connection with an application heard by a Registrar

29

Section 47(1)

Power to direct or allow the manner of giving of testimony in a proceeding other than the trial of a cause

30

Section 47(3)

Power to direct or allow proof by affidavit at the trial of a cause

31

Section 47(4)

Power to permit the use of an affidavit without cross-examination of the maker

32

Section 47(5)

Power to order the manner of giving of testimony at the trial of a cause

33

Section 47A(1)

Power to direct or allow testimony to be given by video link, audio link or other appropriate means

34

Section 47B(1)

Power to direct or allow a person to appear or to make a submission by video link, audio link or other appropriate means

35

Section 47D

Power to direct or allow a document to be put to a person who is appearing or being examined by video link, audio link or other appropriate means

36

Section 47F(1)

Power to make an order for payment of expenses incurred in connection with the giving of testimony, appearance or the making of submissions by video link, audio link or other appropriate means

37

Section 48

Power to direct a change of venue for a proceeding or part of a proceeding

39

Section 51(2)

Power to make an order declaring that a proceeding is not invalid by reason of an irregularity or formal defect

40

Section 52(2)

Power to fix a rate of interest that is lower than that fixed by section 52(2)

41

Section 56(1)

Power to order an applicant or appellant to give security for costs

42

Section 56(2)

Power to direct the amount, the time for giving, and the manner and form of security

43

Section 56(3)

Power to reduce or increase the amount of security

44

Section 56(3)

Power to vary the time of giving or the manner and form of security

45

Section 56(4)

Power to order that a proceeding or appeal be dismissed

Part 3.4 -- Foreign Evidence Act 1994

 

Item

Provision

Description (for information only)

51

Section 7(1)

Power to make an order for taking evidence abroad

52

Section 8(1)

Power to give a direction about the procedure for examination of a person outside Australia

53

Section 8(2)

Power to include, in an order mentioned in section 7(1)(c) of the Act, a request about a matter relating to taking of evidence in a foreign country

Part 3.5 -- Foreign Judgments Act 1991

 

Item

Provision

Description (for information only)

61

Sections 6(3), (12), (13) and (14)

Power to order that a foreign judgment be registered

62

Section 6(5)

Power to make an order extending the time for making an application

Part 3.6 -- Native Title Act 1993

 

Item

Provision

Description (for information only)

71

Section 64

Power to grant leave to amend native title determination or compensation applications

72

Sections 66 and 66A

Power to make orders as to person to whom notice must be given and how such notice must be given

73

Section 66B

Power to make order to replace an applicant

74

Section 67

Power to make order that overlapping applications be dealt with in the same proceeding

75

Section 83A

Power to request searches to be conducted

76

Section 84

Power to make orders for the joinder, dismissal, withdrawal, cessation or representation of a party

77

Section 85

Power to grant leave to a party to be represented before the Court

78

Section 86B

Power to refer applications to the National Native Title Tribunal for mediation

79

Section 86C

Power to make order for the cessation of mediation

80

Section 86F

Power to make order adjourning a proceeding

81

Section 92

Power to prohibit disclosure of evidence

Part 3.7 -- Federal Court Rules 2011

 

Item

Provision

Description (for information only)

91

Rule 1.04(3)

Power to order that the Federal Court Rules as in force immediately before 1 August 2011 apply to a step in a proceeding

92

Rule 1.33

Power to make an order subject to conditions

93

Rule 1.34

Power to dispense with compliance with rules 4.05, 5.02, 5.04, 7.24, 10.25, 11.01, 16.31, 16.54, 17.01, 20.16, 21.03, 22.03, 26.12, 29.08, 30.28 and 39.01

94

Rule 1.34

Power to dispense with compliance with a requirement of the Rules

95

Rule 1.35

Power to make an order inconsistent with these Rules

96

Rule 1.38

Power to make an order to fix a time

97

Rule 1.38

Power to fix the time within which an act or thing is to be done

98

Rule 1.39

Power to make an order to extend or abridge a time

99

Rule 1.40

Power to exercise a power on the Registrar's own initiative or on the application of a person who has a sufficient interest in the proceeding

100

Rule 1.41

Power to give judgment or make an order even if the applicant has not made a claim for that relief

101

Rule 1.42

Power to specify in an order the consequences of non-compliance

102

Rule 2.02

Power to transfer a proceeding to another place

102A

Rule 2.28

Power to make an order to remove from a court file documents accepted for filing

102B

Rule 2.29

Power to make an order for redaction of a document on a court file

103

Rule 2.31

Power to approve removal of documents from a Registry

104

Rule 2.32

Power to give leave to a person to inspect and copy a document in a proceeding

105

Rule 2.32(1)(b)

Power to make an order that a document in a proceeding is confidential

106

Rule 2.43

Power to order that money be paid out of a Litigants' Fund

107

Rule 3.01

Power to receive evidence

108

Rule 4.01(2), Note 3

Power to give leave to a corporation to proceed otherwise than by a lawyer

109

Rule 4.05

Power to give leave to a lawyer to file or serve a notice of change

110

Rule 4.12

Power to refer a litigant for referral to a Pro Bono lawyer

111

Rule 5.02

Power to make an order about the time when a notice of address for service must be served

112

Rule 5.04

Power to give a direction at a hearing of a claim for interlocutory relief

113

Rule 5.04

Power at any hearing, to make directions for the management, conduct and hearing of a proceeding

114

Rule 5.05

Power to adjourn a directions hearing from time to time

115

Rule 5.06

Power, in relation to a cross-claim, to make directions or orders for the management, conduct and hearing of the cross-claim

116

Rule 5.08

Power to hear and determine a proceeding on a directions hearing

117

Rule 5.23

Power to make an order if a party is in default as provided in rule 5.22

118

Rule 6.01

Power to:

(a) remove from the Court file a document containing matter that is scandalous, vexatious or oppressive

(b) strike such matter from the document

119

Rule 6.11

Power to grant leave for the use of a recording device or communication device in a place where a hearing is taking place

120

Rule 7.01

Power to appoint a receiver before the starting of a proceeding

121

Rule 7.01

Power to make an order about property

122

Rule 7.01

Power to make orders about the powers of a receiver

123

Rule 7.22

Power to order a person to attend, or to make discovery, in relation to the description of a prospective respondent

124

Rule 7.22(2)

Power to:

(a) order a person to produce a document or thing; and

(b) direct that an examination be held before the Court; and

(c) order a person to give discovery in relation to a prospective respondent's description

125

Rule 7.23

Power to order a prospective respondent to make discovery to a prospective applicant

126

Rule 7.24

Power to make an order about service of an application

127

Rule 7.29

Power to make an order for costs and expenses

128

Rule 7.29

Power to make an order for security for costs and expenses

129

Rule 8.21

Power to order that:

(a) a document be amended; or

(b) a party have leave to amend a document

130

Rule 9.02

Power to give leave for two or more persons to be joined as applicants or respondents in a proceeding

131

Rule 9.05

Power to order that a person be added as a party to a proceeding and make an order for the filing and service of documents in the proceeding

132

Rule 9.08

Power to order that a person cease to be a party to a proceeding and make an order for the further conduct of the proceeding

133

Rule 9.09

Power to make an order for the joinder or removal of a party following the assignment, transmission or devolution of a party's interest or liability, or for the future conduct of a proceeding

134

Rule 9.10

Power to order that a proceeding be dismissed if a party is not substituted for a deceased party

135

Rule 9.10, Note

Power to make an order for the service of an order mentioned in rule 9.10

136

Rule 9.12

Power to give leave to a person to intervene in a proceeding, determine the terms and conditions on which the person is to intervene and determine the rights, privileges and liabilities of the intervener

137

Rule 10.23

Power to order that a document be taken to have been served on a person on a specified date

138

Rule 10.24

Power to order the taking of steps to bring a document to a person's attention or for substituting another method of service

139

Rule 10.24

Power to order that a document is taken to have been served on the happening of a specified event or at the end of a specified time

140

Rule 10.25

Power to make an order that the filing of a document does not have effect as service of the document

141

Rule 10.26

Power to make an order about service of a notice or other document by the Court or an officer of the Court

142

Rule 11.01

Power to make an order about a person's address for service

143

Rule 13.01

Power to make an order about an originating process

144

Rule 14.01

Power to make an order about property, a document or information

145

Rule 14.21

Power to make an order in relation to the appointment of a receiver

146

Rule 14.24

Power to fix remuneration for a receiver

147

Rule 15.13

Power to make an order in relation to a cross-claim

148

Rule 15.15

Power to make an order in relation to an amendment to a cross-claim

149

Rule 16.21

Power to order that the whole or a part of a pleading be struck out

150

Rule 16.31

Power to make an order varying the times for filing and serving pleadings in a proceeding

151

Rule 16.45

Power to order a party to file and serve particulars or a statement of the nature of the party's case

152

Rule 16.52

Power to make an order disallowing an amendment of a pleading

153

Rule 16.53

Power to grant leave to amend a pleading

154

Rule 16.54

Power to order when an amendment of a document takes effect

155

Rule 16.59

Power to make an order about the procedure for amendment of a document

156

Rule 16.60

Power to make an order about the service of an amended document

157

Rule 17.01

Power to make an order about the time for service of an interlocutory application

158

Rule 17.03

Power to make an order in relation to service of an interlocutory application

159

Rule 17.04

Power to hear and dispose of an application in the absence of a party

160

Rule 19.01

Power to make an order directing the manner, time and terms for giving security for costs

161

Rule 19.01 (1) (b)

Power to order that a proceeding be stayed until security is provided

162

Rule 19.01(1)(c)

Power to order that a proceeding be stayed or dismissed if security is not provided

163

Rule 20.03

Power to make an order about the use of a document

164

Rule 20.13

Power to order a party to give discovery in accordance with Division 20.2

165

Rule 20.15

Power to order that non-standard or more extensive discovery be made

166

Rule 20.16

Power to make an order about the manner and time within which discovery must be given

167

Rule 20.17

Power to make an order about the form and content of a list of discovered documents

168

Rule 20.21

Power to order a party to file and serve an affidavit relating to a particular document or class of documents

169

Rule 20.23

Power to order a person who is not a party to make discovery to a party

170

Rule 20.25

Power to make an order for security for costs or for costs and expenses of a person ordered to make discovery pursuant to rule 20.23

171

Rule 20.32

Power to order a party to produce a document or thing for inspection

172

Rule 20.35

Power to:

(a) order a party to produce a document to the Court; and

(b) inspect a document for the purpose of deciding the validity of a claim for privilege or other objection to production

173

Rule 21.01

Power to order a party to provide written answers to interrogatories

174

Rule 21.03

Power to make orders about answers to interrogatories

175

Rule 21.03

Power to:

(a) require a party to specify the party's grounds for objecting to an interrogatory; and

(b) determine the sufficiency of the objection

176

Rule 21.04

Power to specify who may make an affidavit verifying a party's written answers to interrogatories

177

Rule 21.05

Power to make an order if a party fails to answer an interrogatory sufficiently

178

Rule 22.03

Power to make an order about the payment of the costs of proof of a fact

179

Rule 23.15

Power to make orders about the evidence of expert witnesses

180

Rule 24.01

Power to give leave to issue a subpoena

181

Rule 24.12

Power to order an addressee, by subpoena:

(a) to attend to give evidence; or

(b) to produce documents; or

(c) to do both of those things

182

Rule 24.15

Power to set aside a subpoena in whole or part, or grant other relief

183

Rule 24.15

Power to order that an applicant give notice of an application to set aside a subpoena

184

Rule 24.19

Power to give a direction for the removal, return, inspection, copying and disposal of a document or thing

185

Rule 24.20

Power to give leave to inspect a document or thing

186

Rule 24.22

Power to make an order dealing with payment of reasonable loss or expense incurred in complying with a subpoena

187

Rule 26.01

Power to give summary judgment for a party

188

Rule 26.01

Power to stay enforcement of a summary judgment

189

Rule 26.11

Power to give leave to a party to withdraw an admission or other matter operating for the benefit of another party

190

Rule 26.12

Power to give leave to discontinue all or part of a proceeding

191

Rule 26.12

Power to make an order about the payment of costs for the whole or part of a proceeding that is discontinued without leave

192

Rule 26.15

Power to stay a further proceeding until costs are paid

193

Rule 28.02

Power to:

(a) make an order referring any proceeding or any part of a proceeding to mediation or an alternative dispute resolution process; and

(b) adjourn the mediation or alternative dispute resolution process; and

(c) order the mediator or person appointed to conduct the alternative dispute resolution process to report to the Court; and

(d)           make an order about the conduct of the mediation or alternative dispute resolution process

194

Rule 28.03

Power to make orders about mediation or other alternative dispute resolution process

195

Rule 28.04

Power to terminate a mediation or alternative dispute resolution process

196

Rule 29.06

Power to make an order about the filing of an affidavit that is irregular in form

197

Rule 29.07

Power to give leave to use an affidavit

198

Rule 29.08

Power to give a direction about the service of an affidavit

199

Rule 29.09

Power to give leave to use an affidavit if the maker of the affidavit fails to attend for cross-examination

200

Rule 30.01

Power to make an order for the decision of a question to be heard separately from another question

201

Rule 30.01, Note 1

Power to make an order for the statement of a case and the question for decision

203

Rule 30.11

Power to order that several proceedings be consolidated, tried at the same time or in a specified order, or stayed until the determination of one of the proceedings

204

Rule 30.21

Power to make an order if a party is absent when a proceeding is called on for trial

205

Rule 30.21

Power to set aside or vary an order made in the absence of a party and make an order for the further conduct of a proceeding

206

Rule 30.22

Power to adjourn a proceeding or strike out a proceeding if no party appears at trial

207

Rule 30.23

Power to make an order limiting time for or the number of witnesses that a party may call, or documents that a party may tender, or make an order as to the length and manner of submissions

208

Rule 30.24

Power to give judgment and make an order for entry of judgment after the death of a party

209

Rule 30.25

Power to give leave to a party to read evidence taken or an affidavit filed in other proceedings

210

Rule 30.28

Power to make an order about the production of a document or thing on notice

211

Rule 30.33

Power to:

(a) make an order requiring the production of a party who is in lawful custody to a proceeding before the Court; and

(b) make an order in relation to the continuing custody of the party

211A

Rule 30.34

Power to make an order for the attendance of a person for examination, or for the attendance of the person and the production of a document or thing by the person

212

Rule 33.22

Power to do any of the following:

(a) determine the documents and matters to be included in appeal papers;

(b) determine what documents and matters were before the AAT;

(c) settle the index;

(d) determine the number of copies of appeal papers required;

(e) direct the place, time and mode of hearing;

(f) determine any other matter for the purpose of preparing the appeal for hearing

213

Rule 36.11

Power to give a direction for the conduct of an appeal

214

Rule 39.01

Power to order that a judgment or order take effect on a specified date

215

Rule 39.02

Power to order the time for compliance with an order

216

Rule 39.04

Power to vary or set aside a judgment or order before it has been entered

217

Rule 39.05

Power to vary or set aside a judgment or order after it has been entered

218

Rule 39.11

Power to make an order in the terms of a written consent of the parties

219

Rule 39.32

Power to direct that an order be entered

220

Rule 39.35

Power to direct that an order be entered by being authenticated in Court

221

Rule 40.02

Power to make an order about the amount of costs

222

Rule 40.03

Power to make an order about reserved costs

223

Rule 40.06

Power to make an order about disallowance of costs

224

Rule 40.07

Power to do any of the following:

(a) disallow costs;

(b) direct a lawyer to repay costs;

(c) direct a lawyer to indemnify another party

225

Rule 40.13

Power to make an order about when costs must be taxed

226

Rule 41.01

Power to give a direction for the enforcement or execution of an order

227

Rule 41.10

Power to make an order, issue a writ or take another step to enforce a judgment or order



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