Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 1.4

4. In these Rules, unless the contrary intention appears-
    " the Act " means the Federal Court of Australia Act 1976;

    " Australia " or " the Commonwealth " means the Commonwealth of Australia
and when used in a geographical sense includes external territories;
    " committee " includes a person entrusted under a law of the Commonwealth,
or of a State or Territory, with the care or management of the person or
estate of a mentally disabled person;
    " Commonwealth " means the Commonwealth of Australia and includes a
Territory;
    " convention " means an agreement, arrangement, treaty or convention made
between the Crown in right of the Commonwealth or, where appropriate, in right
of a State, and a country other than Australia regarding legal proceedings in
civil matters;
    " convention country " means a country other than Australia to which a
convention applies;
    " corporation " includes any artificial person other than an
organization;
    " cross-claim " includes a counter-claim, cross-action, set-off, and third
party claim;
    " directions hearing " means a directions hearing appointed in an
application pursuant to Order 4, and except for the purposes of computation of
time within which acts must be done, includes any other hearing on which the
Court gives directions as to the conduct of the proceedings;
    " document " includes any record of information, which is a document
within the definition contained in section 7A of the Evidence Act 1905;
    " document exchange box " means a box in a document exchange approved by
the Registrar;
    " examiner " means an officer of the Court or other person appointed under
Order 24 for the examination on oath before him of any person;
    " hearing " includes any hearing before the Court, whether final or
interlocutory, and whether in open court or in chambers;
    " Judge " means a Judge of the Court (including the Chief Judge) and in

the expression "the Court or a Judge" means a Judge sitting in chambers;
    " mentally disabled person " means a person who, owing to mental illness,
is incapable of managing his affairs in respect of the proceedings;
    " organization " has the same meaning as in the Conciliation and
Arbitration Act 1904;
    " person under disability " means an infant, minor or mentally disabled
person;
    " pleading " includes a statement of claim and a cross-claim to which
Order 5 applies and subsequent pleadings, but does not include an application,
notice of motion or affidavit;
    " proper place " in relation to any proceeding-


   (a)  where there has been no transfer means the place at which the
        proceeding was commenced;

   (b)  where there has been a transfer means the place to which the
        proceeding was transferred;
    " Registrar " means the Registrar or a District Registrar of the Court,
and includes a Deputy Registrar or a Deputy District Registrar of the Court or
other officer for the time being discharging the duties of any one of them,
and when used in relation to any proceeding means the Registrar or District
Registrar at the proper place;
    " Registry " includes the Principal Registry and a District Registry;

    " Rules " means Federal Court Rules;

    " Sheriff " includes a Deputy Sheriff or any person for the time being
discharging the duties of Sheriff or Deputy Sheriff;
    " trial " includes any hearing other than an interlocutory hearing; and

    " tutor " means a next friend, guardian ad litem or committee of the
person or estate of a person under disability.