Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 10.1

1. (1) On a directions hearing the Court shall give such directions with
respect to the conduct of the proceeding as it thinks proper.

(2) Without prejudice to the generality of sub-rule (1) the Court may-

   (a)  make orders with respect to-

        (i)    discovery and inspection of documents;

        (ii)   interrogatories;

        (iii)  inspections of real or personal property;

        (iv)   admissions of fact or of documents;

        (v)    the defining of the issues by pleadings or otherwise;

        (vi)   the standing of affidavits as pleadings;

        (vii)  the joinder of parties;

        (viii) the mode and sufficiency of service;

        (ix)   amendments;

        (x)    cross-claims;

        (xi)   the filing of affidavits;

        (xii)  the giving of particulars;

        (xiii) the place, time and mode of hearing;

        (xiv)  the giving of evidence at the hearing, including whether
               evidence of witnesses in chief shall be given orally or by
               affidavit, or both; and

        (xv)   costs;

   (b)  notwithstanding that the application is supported by a statement of
        claim, order that the proceeding continue on affidavits;

   (c)  order that evidence of a particular fact or facts be given at the
        hearing-

        (i)    by statement on oath upon information and belief;

        (ii)   by production of documents or entries in books;

        (iii)  by copies of documents or entries; or

        (iv)   otherwise as the Court directs;

   (d)  order that no more than a specified number of expert witnesses may be
        called;

   (e)  appoint a court expert in accordance with Order 34, rule 2;

   (f)  direct that the proceeding be transferred to a place at which there is
        a Registry other than the then proper place. Where the proceeding is
        so transferred, the Registrar at the proper place from which the
        proceeding is transferred shall transmit all documents in his charge
        relating to the proceeding to the Registrar at the proper place to
        which the proceeding is transferred.

(3) The Court may revoke or vary any order made under sub-rules (1) and (2).