FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011)

Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011)

TABLE OF PROVISIONS

CHAPTER 1--Introductory provisions

PART 1--PRELIMINARY

Division 1.1--Scope

1.01. Name of Rules
1.02. Commencement
1.03. Repeal of previous Rules
1.04. Application

Division 1.2--Application about procedures

1.21. Application for orders about procedures

Division 1.3--General powers of the Court

1.31. Orders to have regard to nature and complexity of proceeding
1.32. Court may make any order it considers appropriate in the interests of justice
1.33. Orders may be subject to conditions
1.34. Dispensing with compliance with Rules
1.35. Orders inconsistent with Rules
1.36. Orders other than in open court
1.37. Directions to Registrars
1.38. Fixing of time by Court
1.39. Extension and shortening of time
1.40. Exercise of Court's power
1.41. Other orders that may be made
1.42. Orders may include consequences of non-compliance

Division 1.4--Interpretation

1.51. Definitions -- the Dictionary
1.52. References to Forms

Division 1.5--Time

1.61. Calculation of time

PART 2--REGISTRY AND DOCUMENTS

Division 2.1--Registry

2.01. Use of seal and stamps of Court
2.02. Transfer of proceeding to another place

Division 2.2--Documents

2.11. General provisions about documents
2.12. Compliance with approved forms
2.13. Titles of documents
2.14. Subsequent documents to be endorsed with Court number
2.15. Signature
2.16. Details at foot of each document

Division 2.3--Lodging and filing documents

2.21. How documents may be lodged with the Court
2.22. Faxing a document
2.23. Sending a document by electronic communication
2.24. Documents sent by electronic communication
2.25. When is a document filed
2.26. Refusal to accept document for filing -- abuse of process or frivolous or vexatious documents
2.27. When documents will not be accepted in a Registry

Division 2.4--Custody and inspection of documents

2.31. Custody of documents
2.32. Inspection of documents

Division 2.5--Administration of money paid into Court and payment out

2.41. Establishment of Litigants' Fund
2.42. Dealing with money paid into Court
2.43. Payment out of Litigants' Fund

PART 3--REGISTRARS

Division 3.1--Powers of Registrars

3.01. Powers of the Court that may be exercised by a Registrar
3.02. Authority to administer oaths and affirmations
3.03. Orders other than in open court
3.04. Application for orders in relation to Registrars
3.05. Application to the Registrar for an application to be determined by the Court

Division 3.2--Reviewing a Registrar's exercise of power

3.11. Application for review of the Registrar's exercise of power

PART 4--LAWYERS

Division 4.1--General

4.01. Proceeding by lawyer or in person
4.02. Power to act by lawyer
4.03. Appointment of a lawyer -- notice of acting
4.04. Termination of retainer by party
4.05. Termination of retainer by lawyer

Division 4.2--Court referral for legal assistance

4.11. Definitions for Division 4.2
4.12. Referral for legal assistance
4.13. A party has no right to apply for a referral
4.14. Acceptance of referral certificate and provision of legal assistance
4.15. Ceasing to provide legal assistance
4.16. Application for Registrar's permission to cease providing legal assistance
4.17. Cessation of referral certificate
4.18. Disbursements
4.19. Professional fees

PART 5--COURT SUPERVISION OF PROCEEDINGS

Division 5.1--Return date and directions

5.01. Parties to attend Court on return date
5.02. Parties to file notice of address for service before return date
5.03. Respondent's genuine steps statement
5.04. Making directions
5.05. Adjournment of directions hearing
5.06. Application for directions -- cross-claims
5.07. Interlocutory orders
5.08. Hearing and determination of matter at directions hearing

Division 5.2--Orders on default

5.21. Self-executing orders
5.22. When a party is in default
5.23. Orders on default
5.24. Contempt

PART 6--COURT SUPERVISION OF PARTIES AND OTHER PERSONS

Division 6.1--Vexatious proceedings

6.01. Scandalous, vexatious or oppressive matter
6.02. Vexatious proceedings
6.03. Applications for orders in relation to vexatious proceedings

Division 6.2--Use of communication and recording devices in Court

6.11. Use of communication device or recording device in place where hearing taking place
6.12. Contempt

CHAPTER 2--Original jurisdiction -- proceedings generally

PART 7--ORDERS BEFORE START OF A PROCEEDING

Division 7.1--Injunctions, preservation of property and receivers

7.01. Order before start of proceeding

Division 7.2--Approval of agreement for person under a legal incapacity

7.11. Compromise or settlement of matter before proceeding

Division 7.3--Preliminary discovery

7.21. Definitions for Division 7.3
7.22. Order for discovery to ascertain description of respondent
7.23. Discovery from prospective respondent
7.24. Procedure for applications under this Division
7.25. List of documents
7.26. Privilege
7.27. Inspection of documents
7.28. Copying of documents produced for inspection
7.29. Costs

Division 7.4--Freezing orders

7.31. Definitions for Division 7.4
7.32. Freezing order
7.33. Ancillary order
7.34. Order may be against person not a party to proceeding
7.35. Order against judgment debtor or prospective judgment debtor or third party
7.36. Jurisdiction
7.37. Service outside Australia of application for freezing order or ancillary order
7.38. Costs

Division 7.5--Search orders

7.41. Definitions for Division 7.5
7.42. Search order
7.43. Requirements for grant of search order
7.44. Jurisdiction
7.45. Terms of search order
7.46. Independent lawyers
7.47. Costs

PART 8--STARTING PROCEEDINGS

Division 8.1--Originating applications

8.01. Starting proceeding -- application
8.02. Applicant's genuine steps statement
8.03. Application to state relief claimed
8.04. Application starting migration litigation to include certificate
8.05. Application to be accompanied by statement of claim or affidavit
8.06. Service of originating documents
8.07. Changing return date

Division 8.2--Notice of constitutional matter

8.11. Notice of constitutional matter
8.12. Service of notice

Division 8.3--Amendments to an originating application

8.21. Amendment generally
8.22. Date on which amendment takes effect
8.23. Procedure for making amendment
8.24. Time for amending an originating application under Court order
8.25. Service of amended originating application

PART 9--PARTIES AND PROCEEDINGS

Division 9.1--Parties, interveners and causes of action

9.01. Multiple causes of action
9.02. Joinder of parties -- general
9.03. Joinder of applicants with joint entitlement
9.04. Joinder of persons with common liability
9.05. Joinder of parties by Court order
9.06. Application for separate trials -- inconvenient joinder of causes of action or parties
9.07. Errors in joinder of parties
9.08. Removal of parties by Court order
9.09. Death, bankruptcy or transmission of interest
9.10. No joinder or substitution after death of party
9.11. Substitution of party
9.12. Interveners

Division 9.2--Representative proceedings

9.21. Representative party -- general
9.22. Enforcement of order for or against representative party
9.23. Representative party -- beneficiaries
9.24. Deceased persons
9.25. Conduct of proceeding by particular party

Division 9.3--Grouped proceedings under Part IVA of the Act

9.31. Interpretation for Division 9.3
9.32. Starting a representative proceeding
9.33. Person may give consent to be a group member
9.34. Opt out notices
9.35. Application for order relating to the procedure to be followed in a representative proceeding

Division 9.4--Partnerships

9.41. Proceeding by or against partners in partnership name
9.42. Disclosure of partners' names
9.43. Proceeding between members of partnerships
9.44. Denial by person served as partner
9.45. Defence to be in partnership name
9.46. Entry of order

Division 9.5--Business name proceedings

9.51. Proceeding against a person who carries on a business under a business name
9.52. Proceeding against a business name
9.53. Proceeding under this Division or Division 9.4
9.54. Amendment of parties
9.55. Variation of order
9.56. Order for discovery -- proceeding brought against a person in the person's business name

Division 9.6--Persons under a legal incapacity

9.61. Proceeding by or against person under a legal incapacity
9.62. Persons who may be a litigation representative
9.63. Appointment of litigation representative by the Court
9.64. Consent to be filed
9.65. Removal of litigation representative by the Court
9.66. Conduct of proceeding
9.67. No deemed admissions
9.68. Discovery and interrogatories
9.69. Payment into Court
9.70. Compromise or settlement of matter in proceeding
9.71. Application by litigation representative for approval of agreement

PART 10--SERVICE

Division 10.1--Personal service

10.01. Service on individual
10.02. Service on corporation
10.03. Service on unincorporated association
10.04. Service on organisation
10.05. Service on partnership
10.06. Service in a proceeding brought against a person in the person's business name
10.07. Service in a proceeding under the Patents Act 1990
10.08. Service in a proceeding under the Trade Marks Act 1995
10.09. Service on person under a legal incapacity
10.10. Personal service on a person under a legal incapacity
10.11. Deemed service of originating application
10.12. Refusal to accept document served personally

Division 10.2--Service other than by personal service

10.21. Identity of person served
10.22. Acceptance of service by lawyer
10.23. Deemed service
10.24. Substituted service
10.25. Service by filing
10.26. Service by Court
10.27. Service of interlocutory injunction
10.28. Service under agreement

Division 10.3--Ordinary service

10.31. Ordinary service
10.32. Time of service

Division 10.4--Service outside Australia

10.41. Definitions for Division 10.4
10.42. When originating application may be served outside Australia
10.43. Application for leave to serve originating application outside Australia
10.44. Service of other documents
10.45. Application of other rules
10.46. Method of service
10.47. Proof of service
10.48. Deemed service
10.49. Substituted service

Division 10.5--Service through diplomatic channel or by transmission to foreign government

10.51. Documents to be lodged with the Court
10.52. Order for payment of expenses

Division 10.6--Service under Hague Convention

10.61. Definitions for Division 10.6
10.62. Provisions of this Division to prevail
10.63. Service abroad of local judicial documents -- application of rules 10.64 to 10.68
10.64. Application for request for service abroad
10.65. How application to be dealt with
10.66. Procedure on receipt of certificate of service
10.67. Payment of costs
10.68. Evidence of service
10.69. Default judgment following service abroad of initiating process -- application of rules 10.70 to 10.72
10.70. Restriction on power to enter default judgment if certificate of service filed
10.71. Restriction on power to enter default judgment if certificate of service not filed
10.72. Setting aside judgment in default of appearance
10.73. Local service of foreign judicial documents - application of rules 10.74 to 10.76
10.74. Certain documents to be referred to Attorney-General's Department
10.75. Service
10.76. Affidavit as to service

PART 11--ADDRESS FOR SERVICE

11.01. Address for service -- general
11.02. Address for service -- corporations
11.03. Address for service -- proceeding against person in person's business name
11.04. Address for service -- partnership
11.05. Receivers
11.06. When must notice of address for service be filed
11.07. How to file notice of address for service
11.08. Service of notice of address for service

PART 12----SUBMITTING NOTICES

12.01. Submitting notice

PART 13--JURISDICTION --SETTING ASIDE ORIGINATING APPLICATION

13.01. Setting aside originating application etc

PART 14--INTERLOCUTORY ORDERS FOR PRESERVATION OF RIGHTS AND PROPERTY

Division 14.1--Inspection of property

14.01. Order for inspection etc of property
14.02. Service of application
14.03. View by Court

Division 14.2--Preservation etc of property

14.11. Preservation of property
14.12. Disposal of personal property
14.13. Interim distribution of property or income from property
14.14. Payment before determination of all interested persons

Division 14.3--Receivers

14.21. Application to appoint receiver
14.22. Guarantee
14.23. Powers
14.24. Remuneration
14.25. Accounts
14.26. Default
14.27. Death of receiver

PART 15--CROSS-CLAIMS AND THIRD PARTY CLAIMS

Division 15.1--Making cross-claim

15.01. Cross-claim by respondent
15.02. Starting cross-claim
15.03. Title of cross-claim and subsequent documents
15.04. Time for bringing cross-claim
15.05. Application for extension of time to file cross-claim
15.06. Cross-claim to be accompanied by statement of cross-claim or affidavit
15.07. Cross-claim to state relief claimed
15.08. Service of notice of cross-claim on cross-respondent
15.09. Service of pleadings and documents
15.10. Conduct of proceeding after cross-claim is filed
15.11. Separate proceeding in relation to cross-claim
15.12. Cross-claim for contribution or indemnity
15.13. Hearings in relation to cross-claims
15.14. Co-cross-respondents

Division 15.2--Amendment of cross-claim

15.15. Amendment generally
15.16. Date on which amendment takes effect
15.17. Procedure for making amendment
15.18. Time for amending notice of cross-claim under Court order
15.19. Service of amended cross-claim

PART 16--PLEADINGS

Division 16.1--General

16.01. Pleading to include name of person who prepared it
16.02. Content of pleadings -- general
16.03. Pleading of facts
16.04. References to documents or spoken words
16.05. Conditions precedent
16.06. Inconsistent allegations or claims
16.07. Admissions, denials and deemed admissions
16.08. Matters that must be expressly pleaded
16.09. Defence of tender before start of proceeding
16.10. Defence claiming set-off
16.11. Joinder of issue
16.12. Close of pleadings

Division 16.2--Striking out pleadings

16.21. Application to strike out pleadings

Division 16.3--Progress of pleadings

16.31. Application of Division 16.3
16.32. Defence to application
16.33. Reply

Division 16.4--Particulars

16.41. General
16.42. Fraud, misrepresentation etc
16.43. Conditions of mind
16.44. Damages and exemplary damages
16.45. Application for order for particulars

Division 16.5--Amendment of pleadings

16.51. Amendment without needing the leave of the Court
16.52. Disallowance of amendment of pleading
16.53. Application for leave to amend
16.54. Date on which amendment takes effect
16.55. Consequential amendment of defence
16.56. Consequential amendment of reply
16.57. Implied joinder of issue after amendment
16.58. Time for amending pleading under Court order
16.59. Procedure for making amendment to pleading
16.60. Service of amendment

PART 17--INTERLOCUTORY APPLICATIONS

17.01. Interlocutory application
17.02. Reliance on correspondence or undisputed documents
17.03. Service on others
17.04. Hearing and determination of interlocutory application -- absence of party

PART 18--INTERPLEADER PROCEEDINGS

Division 18.1--Stakeholder's interpleader

18.01. Application for relief by way of interpleader
18.02. How application to be made
18.03. Orders that may be sought
18.04. Default by claimant
18.05. Neutrality of stakeholder
18.06. Order in several proceedings

Division 18.2--Sheriff's interpleader

18.11. Notice of claim
18.12. Notice of claim to be served on execution creditor
18.13. Admission of claim by execution creditor
18.14. Application by Sheriff for interpleader

PART 19--SECURITY FOR COSTS

19.01. Application for an order for security for costs
19.02. Matters to be addressed by the respondent

PART 20--DISCOVERY AND INSPECTION OF DOCUMENTS

Division 20.1--General

20.01. Withholding documents on public interest grounds
20.02. Privilege
20.03. Undertakings or orders applying to documents

Division 20.2--Discovery

20.11. Discovery must be for the just resolution of the proceeding
20.12. No discovery without court order
20.13. Application for discovery
20.14. Standard discovery
20.15. Non-standard and more extensive discovery
20.16. Giving discovery
20.17. List of documents
20.18. Copies of documents
20.19. Claim of privilege
20.20. Supplementary discovery
20.21. Order for particular discovery
20.22. Deponent for affidavit for discovery
20.23. Discovery from non-party
20.24. Non-party's obligation
20.25. Non-party's costs and expenses

Division 20.3--Production for inspection

20.31. Notice to produce document in pleading or affidavit
20.32. Order for production from party
20.33. Order for production from non-party
20.34. Copying of documents produced for inspection
20.35. Production to Court

PART 21--INTERROGATORIES

21.01. Order for interrogatories
21.02. When application may be made
21.03. Answers to interrogatories
21.04. Affidavit verifying written answers to interrogatories
21.05. Orders dealing with insufficient answers
21.06. Answers tendered as evidence
21.07. Public interest

PART 22--ADMISSIONS

22.01. Notice to admit facts or documents
22.02. Notice disputing facts or documents
22.03. Disputing party to pay costs if document is proved etc
22.04. Facts or documents taken to be admitted if not disputed
22.05. Deemed admission
22.06. Withdrawal of admissions
22.07. Judgment on admissions

PART 23--EXPERTS

Division 23.1--Court experts

23.01. Appointment of Court expert
23.02. Court expert's report
23.03. Court expert's report -- use at trial
23.04. Other expert's reports on the question

Division 23.2--Parties' expert witnesses and expert reports

23.11. Calling expert evidence at trial
23.12. Provision of guidelines to an expert
23.13. Contents of an expert report
23.14. Application for expert report
23.15. Evidence of experts

PART 24--SUBPOENAS

Division 24.1--Leave to issue subpoena

24.01. Leave to issue subpoena

Division 24.2--Subpoenas to give evidence and to produce documents

24.11. Definitions for Division 24.2
24.12. Issuing of subpoena
24.13. Form of subpoena
24.14. Change of date for attendance or production
24.15. Setting aside or other relief
24.16. Service
24.17. Compliance with subpoena
24.18. Production otherwise than on attendance
24.19. Removal, return, inspection, copying and disposal of documents and things
24.20. Inspection of, and dealing with, documents and things produced otherwise than on attendance
24.21. Return of documents and things produced
24.22. Costs and expenses of compliance
24.23. Failure to comply with subpoena -- contempt of court
24.24. Documents and things in custody of Court

PART 25--OFFERS TO SETTLE

25.01. Offer to compromise
25.02. Notice to be signed
25.03. Offer to compromise -- content
25.04. Offer to be paid within 28 days
25.05. Timing of offer
25.06. No communication to Court of offer
25.07. Withdrawal of offer
25.08. Acceptance of offer
25.09. Withdrawal of acceptance
25.10. Failure to comply with offer
25.11. Multiple respondents
25.12. Taxation of costs where offer accepted
25.13. Contributor parties
25.14. Costs where offer not accepted

PART 26--ENDING PROCEEDINGS EARLY

Division 26.1--Summary judgment and stay of proceedings

26.01. Summary judgment

Division 26.2--Withdrawal and discontinuance

26.11. Withdrawal of defence etc
26.12. Discontinuance
26.13. Service of notice
26.14. Effect of discontinuance
26.15. Stay of proceeding until costs paid

PART 27--TRANSFER OF PROCEEDINGS

Division 27.1--Family Court of Australia

27.01. Transfer to Family Court of Australia

Division 27.2--Federal Magistrates Court

27.11. Transfer to Federal Magistrates Court
27.12. Factors to be taken into account
27.13. Transfer from Federal Magistrates Court

Division 27.3--Cross-vesting

27.21. Transfer of proceeding from the Court
27.22. Application by Attorney-General for transfer of proceeding from the Court
27.23. Transfer of proceeding to the Court

PART 28--ALTERNATIVE DISPUTE RESOLUTION

Division 28.1--General

28.01. General
28.02. Orders that may be sought
28.03. Arbitration, mediation and ADR process
28.04. Court may terminate mediation or ADR process
28.05. Parties may refer proceeding to mediation, arbitration or ADR process

Division 28.2--Arbitration

28.11. Appointment of arbitrator
28.12. Applications by interlocutory application
28.13. Applications for registration
28.14. Applications for order in terms of an award

Division 28.3--Mediation

28.21. Nomination of mediator
28.22. Conduct of mediation
28.23. Report if only part of proceeding to be mediated
28.24. Termination of mediation -- mediator initiated
28.25. Agreement at mediation

Division 28.4--ADR process

28.31. Nomination of person to conduct ADR process
28.32. Conduct of ADR process
28.33. Report if only part of proceeding to be subject of ADR process
28.34. Termination of ADR process
28.35. Agreement at ADR process

Division 28.5--International arbitration

28.41. Definitions for Division 28.5
28.42. Application of Division
28.43. Application for stay of arbitration
28.44. Enforcing foreign award
28.45. Application for relief under Model Law
28.46. Subpoenas for Division 28.5
28.47. Application under section 23A of International Arbitration Act
28.48. Application under section 23F or 23G of International Arbitration Act
28.49. Recognition of award
28.50. Documents not in English language

Division 28.6--Referral by Court to referee

28.61. Order of referral
28.62. Appointment of referees
28.63. Two or more referees
28.64. Security for remuneration
28.65. Conduct of inquiry
28.66. Report
28.67. Proceeding on report

PART 29--EVIDENCE

Division 29.1--Affidavits

29.01. When affidavit may be sworn or affirmed
29.02. Form of affidavit
29.03. Content of affidavits
29.04. Swearing or affirming affidavit by person who has disability
29.05. Service of exhibits and annexures
29.06. Irregularity in form
29.07. Use of affidavit not filed or in irregular form
29.08. Serving of affidavits
29.09. Cross-examination of deponent

Division 29.2--Evidence on commission taken in Australia or abroad

29.11. Order for examination of witness
29.12. Letter of request
29.13. Procedure for orders under section 7 (1) (a) or (b) of Foreign Evidence Act 1994
29.14. Documents for examiner
29.15. Appointment for examination
29.16. Conduct of examination
29.17. Examination of additional persons
29.18. Objection
29.19. Taking of depositions
29.20. Authentication and filing
29.21. Special report
29.22. Default of witness
29.23. Evidence of future right or claim

PART 30--HEARINGS

Division 30.1--Separate decisions on questions

30.01. Application for separate trials
30.02. Disposal of proceedings after hearing separate questions
30.03. Attendance and production

Division 30.2--Consolidation

30.11. Consolidation of proceedings before trial

Division 30.3--Trial

30.21. Absence of party at trial
30.22. No appearance by any party
30.23. Trial limitations
30.24. Death before judgment
30.25. Evidence in other proceedings
30.26. Plans, photographs and models
30.27. Consent
30.28. Notice to produce
30.29. Notice of intention to adduce evidence of previous representation
30.30. Notice of objection to tender of hearsay evidence if maker available
30.31. Notice of intention to adduce tendency evidence
30.32. Notice of intention to adduce coincidence evidence
30.33. Parties in lawful custody

Division 30.4--Assessment of damages

30.41. Order for calculation of amount of damages by Registrar
30.42. Notice of objection to calculation
30.43. Procedure if notice given
30.44. Procedure if notice not given

Division 30.5--Accounts

30.51. Order for account to be taken
30.52. Form and filing of account
30.53. Notice of additional charge or error in account
30.54. Orders to deal with delay
30.55. Order for account or inquiry before Registrar
30.56. Notice of objection to certificate
30.57. Procedure if notice given
30.58. Procedure if notice not given

CHAPTER 3--Original jurisdiction -- special classes of proceedings

PART 31--JUDICIAL REVIEW

Division 31.1--Administrative Decisions (Judicial Review) Act 1977

31.01. Application for order of review
31.02. Application for extension of time
31.03. Documents to be filed and served
31.04. Service
31.05. Notice of objection to competency

Division 31.2--Judiciary Act 1903

31.11. Form of application
31.12. Joinder of claims for relief

Division 31.3--Migration Act 1958

31.21. Definitions for Division 31.3
31.22. Application for review of migration decision
31.23. Application for extension of time
31.24. Notice of objection to competency

Division 31.4--Australian Crime Commission Act 2002

31.31. Applications under section 57 of Australian Crime Commission Act 2002

PART 32--REMITTALS AND REFERRALS FROM THE HIGH COURT

Division 32.1--Matters

32.01. Filing of order of remittal
32.02. Service of order and notice
32.03. Address for service
32.04. Hearing of application to show cause

Division 32.2--Referral of petition under

32.11. Filing of order referring petition or part of petition
32.12. Service of order and notice
32.13. Address for service
32.14. Lists of votes claimed or objected to
32.15. Counter-charges
32.16. Notice of trial
32.17. Withdrawal of petition and substitution of another petitioner
32.18. Death of petitioner

PART 33--APPEALS FROM DECISIONS OF BODIES OTHER THAN COURTS

Division 33.1--Taxation appeals

33.01. Definitions for Division 33.1
33.02. Starting AOD appeals
33.03. Documents to be filed and served by Commissioner -- matters other than private rulings
33.04. Documents to be filed and served by Commissioner -- private rulings
33.05. Starting DPO appeals
33.06. Documents to be filed and served by Commissioner

Division 33.2--Administrative

33.11. Definitions for Division 33.2
33.12. Starting an appeal -- filing and service of notice of appeal
33.13. Application for extension of time to start appeal
33.14. Amendment of notice of appeal without leave -- supplementary notice
33.15. Application for leave to raise other questions of law or rely on other grounds
33.16. Respondent's address for service
33.17. Form of application for stay of Tribunal decision
33.18. Registrar of Tribunal to send documents
33.19. No written reasons for decision
33.20. Notice of cross-appeal
33.21. Notice of contention
33.22. Directions hearing
33.23. Appeal books
33.24. Assistance from Registrar
33.25. Title of appeal books
33.26. Content of appeal books
33.27. Written submissions, chronology and lists of authorities
33.28. Filing of Part C documents
33.29. Further evidence on appeal
33.30. Notice of objection to competency of appeal
33.31. Discontinuance of appeal
33.32. Application to dismiss appeal
33.33. Absence of party

Division 33.3--Appeals

33.34. Appeals under section 46 of the Superannuation (Resolution of Complaints) Act 1993

Division 33.4--Appeals

33.40. Appeals under section 169 of the Native Title Act 1993

PART 34--OTHER PROCEEDINGS

Division 34.1--Fair Work proceedings

34.01. Definitions for Division 34.1
34.02. Application of Division 34.1 and other provisions of these Rules
34.03. Application in relation to dismissal from employment in contravention of a general protection
34.04. Application in relation to alleged unlawful termination of employment
34.05. Application in relation to alleged discrimination
34.06. Application for rule to show cause
34.07. Requirements for applications for an inquiry or ballot
34.08. Application for interim orders

Division 34.2--Proceedings for an offence

34.11. Starting a prosecution
34.12. Form of summons and information
34.13. Proceeding on date to answer charge
34.14. Warrant for arrest of respondent
34.15. Affidavits as to fine or penalty
34.16. Judge may issue a warrant

Division 34.3--Intellectual

34.21. Definitions for Division 34.3
34.22. Application of Division 34.3
34.23. Appearance by Commissioner
34.24. Starting an appeal -- filing and service of notice of appeal
34.25. Application for extension of time to file notice of appeal
34.26. Grounds of appeal or particulars not stated in notice of appeal
34.27. Particulars of non-patentable invention
34.28. Notice of cross-appeal
34.29. Notice of contention
34.30. Provision of documents by Commissioner
34.31. Evidence
34.32. Application for determination of equitable remuneration
34.33. Applications for determination of terms of doing an act
34.34. Infringement of EL rights -- particulars
34.35. Infringement of copyright -- particulars
34.36. Infringement of registered designs -- particulars
34.37. Application for compulsory licence -- Designs Act
34.38. Revocation of registration or rectification of Register -- Designs Act
34.39. Infringement of monopoly in protected design -- particulars -- Olympic Insignia Protection Act
34.40. Application for rectification of Register of Olympic Designs or dispute of validity of protected design
34.41. Applications under section 105 (1) of Patents Act
34.42. Applications under section 120 (1) of Patents Act
34.43. Applications under section 125 (1) of Patents Act
34.44. Applications under section 128 (1) of Patents Act
34.45. Applications under Chapter 12 of Patents Act
34.46. Dispute of validity of patent -- particulars of invalidity
34.47. Infringement of PBR -- particulars
34.48. Infringement of registered trade marks -- particulars
34.49. Dispute of validity of registration of trade mark -- particulars of invalidity
34.50. Experimental proof as evidence

Division 34.4--Trans-Tasman proceedings -- general

34.61. Definitions for Division 34.4
34.62. Proceedings under the Trans-Tasman Proceedings Act
34.63. Originating application under Trans-Tasman Proceedings Act
34.64. Interlocutory application under Trans-Tasman Proceedings Act
34.65. Application for interim relief
34.66. Application for leave to serve subpoena in New Zealand
34.67. Form of subpoena
34.68. Application to set aside subpoena
34.69. Application for issue of certificate of non-compliance with subpoena
34.70. Documents relating to application
34.71. Application to enforce compliance with order made by New Zealand court
34.72. Notice of registration of NZ judgment
34.73. Application for extension of time to give notice of registration of NZ judgment
34.74. Application to set aside registration of NZ judgment
34.75. Application for stay of enforcement of registered NZ judgment so that liable person can appeal judgment
34.76. Application for extension of time to apply for stay of enforcement of registered NZ judgment so that liable person can appeal judgment
34.77. Application for order for use of audio link or audiovisual link

Division 34.5--Trans-Tasman market proceedings

34.81. Definitions for Division 34.5
34.82. Application of Division 34.5
34.83. Filing documents in Australian market proceeding in New Zealand
34.84. Filing documents in a NZ market proceeding in Australia
34.85. Federal Court sittings in New Zealand
34.86. Application of rules 34.72 to 34.76
34.86A. Transitional arrangements for Divisions 34.4 and 34.5

Division 34.6--Aboriginal and Torres Strait Islander Act 2005

34.91. Definition for Division 34.6
34.92. Form and service of election petition
34.93. Response to election petition
34.94. Reference as to qualifications or vacancy

Division 34.7--Native title proceedings

34.101. Interpretation for Division 34.7
34.102. Application of Division 34.7
34.103. Main application (native title and compensation)
34.104. Joinder of parties to main application within relevant period
34.105. Joinder of parties to main application after relevant period
34.106. Withdrawal of a party
34.107. Form of applications other than main applications
34.108. Service of applications other than main applications
34.109. Application for review of decision not to accept claim for registration
34.110. Application to remove details of agreement from Register of Indigenous Land Use Agreements
34.111. Application for order about return of, or access to, records
34.112. Question to be special case
34.113. Special case to be prepared -- referral by mediator
34.114. Special case to be prepared -- referral by NNTT
34.115. Party having carriage of proceeding -- referral by mediator
34.116. Party having carriage of proceeding -- referral by NNTT
34.117. Referral of questions about whether a party should cease to be a party
34.118. Report about breaches of good faith requirement
34.119. Definition for rules 34.120 to 34.123
34.120. Evidentiary matters generally
34.121. Orders to take account of cultural or customary concerns
34.122. Disclosure of evidence or information of cultural or customary nature, contrary to court order
34.123. Evidence of cultural or customary nature
34.124. Documents referring to certain material
34.125. Evidence given in consultation with others
34.126. Evidence given not in normal course
34.127. Inspection
34.128. Taking evidence
34.129. Conflict of interest
34.130. Short title of proceeding
34.131. Notices of appointment of agent and change to agent's address for service
34.132. Application for leave to be represented by person who is not a lawyer
34.133. Native Title Registrar application to Court for order as to notice
34.134. Overlapping applications
34.135. Court may order adjournment for purpose of agreement between parties
34.136. Agreements regarding practical outcomes of native title determination
34.137. Appearance by NNTT

Division 34.8--Human rights proceedings

34.161. Definitions for Division 34.8
34.162. Application of Division 34.8
34.163. Starting a proceeding -- application and claim
34.164. Copy of application to be given to Commission
34.165. Address for service
34.166. Appearance by special-purpose Commissioner
34.167. Conduct of proceeding by litigation representative

CHAPTER 4--Appellate jurisdiction

PART 35--LEAVE TO APPEAL

Division 35.1--Oral applications for leave to appeal from interlocutory judgments of the Court

35.01. Oral application for leave to appeal

Division 35.2--Written

35.11. Application of Division
35.12. Form of application
35.13. Time for filing application
35.14. Extension of time to seek leave to appeal
35.15. Service of application
35.16. Method of service
35.17. Address for service of respondent
35.18. Certain applications may be dealt with without an oral hearing
35.19. Submissions
35.20. Objection to application being considered without oral hearing
35.21. Time for filing and serving affidavits
35.22. Directions

Division 35.3--Ending applications early

35.31. Withdrawing an application
35.32. Dismissing application for want of prosecution
35.33. Absence of a party

Division 35.4--Revocation of leave to appeal

35.41. Revocation or variation of grant of leave

PART 36--APPEALS

Division 36.1--Institution of appeals

36.01. Form of notice of appeal
36.02. Filing of notice of appeal
36.03. Time for filing and serving notice of appeal
36.04. Service on parties and lodgments
36.05. Extension of time to file notice of appeal
36.06. Method of service
36.07. Address for service of respondent
36.08. Stay of execution or proceedings under judgment appealed from
36.09. Security for costs of appeal
36.10. Amendment to notice of appeal
36.11. Directions

Division 36.2--Cross-appeals and notices of contention

36.21. Cross-appeal
36.22. Time to file notice of cross-appeal
36.23. Extension of time to file notice of cross-appeal
36.24. Notice of contention

Division 36.3--Parties to appeals and interveners

36.31. Parties
36.32. Applications to intervene

Division 36.4--Dealing with certain applications on the papers

36.41. Certain applications may be dealt with without an oral hearing
36.42. Submissions
36.43. Objection to application being considered without oral hearing

Division 36.5--Preparation of appeals

36.51. Appeal books
36.52. Assistance from Registrar
36.53. Title of appeal books
36.54. Content of appeal books
36.55. Written submissions, chronology and lists of authorities
36.56. Filing of Part C documents
36.57. Further evidence on appeal

Division 36.6--Ending appeals

36.71. Definitions for Division 36.6
36.72. Notice of objection to competency of appeal
36.73. Discontinuance of appeal
36.74. Application to dismiss appeal
36.75. Absence of party

PART 37--APPEALS IN CRIMINAL CASES FROM SUPREME COURT OF A TERRITORY

37.01. Court may request a report
37.02. Application for production of a prisoner

PART 38--CASES STATED AND QUESTIONS RESERVED

38.01. Application for case stated or question reserved
38.02. Case stated to be prepared etc
38.03. Directions

CHAPTER 5--Judgments, costs and other general provisions

PART 39--ORDERS

Division 39.1--Judgments and orders

39.01. Date of effect of judgment or order
39.02. Time for compliance with orders
39.03. Dismissal of proceedings and stay of further proceedings
39.04. Varying or setting aside a judgment or order before it has been entered
39.05. Varying or setting aside judgment or order after it has been entered
39.06. Interest on judgment

Division 39.2--Consent orders

39.11. Consent orders

Division 39.3--Undertakings

39.21. Orders dealing with failure to fulfil undertakings

Division 39.4--Judgments and orders -- entry

39.31. When entry is required
39.32. Entry of an order
39.33. Lodgment of orders for entry
39.34. Order entered in Court
39.35. Authentication of orders

PART 40--COSTS

Division 40.1--General

40.01. Party and party costs
40.02. Other order for costs
40.03. Costs reserved
40.04. Costs on interlocutory application or hearing
40.05. Costs in other courts
40.06. Costs improperly, unreasonably or negligently incurred
40.07. Liability of lawyer to their client for misconduct
40.08. Reduction in costs otherwise payable

Division 40.2--Taxation of costs

40.12. Application of Division 40.2 and 40.3
40.13. Taxation of costs awarded on an interlocutory application
40.14. Order for taxation not required
40.15. Failure to file bill of costs
40.16. Unnecessary expense in proceeding before taxing officer
40.17. Filing bill for taxation
40.18. Contents of bill
40.19. Service of a bill
40.20. Estimate of costs
40.21. Objection to estimate
40.22. Resolution at confidential conference
40.23. Provisional taxation
40.24. Notice that bill is to be taxed
40.25. Notice of objection
40.26. Response to notice of objection
40.27. Taxation
40.28. Powers of taxing officer
40.29. Costs to be allowed on taxation
40.30. Costs not to be allowed on taxation
40.31. Exercise of taxing officer's discretion
40.32. Certificate of taxation
40.33. Costs of taxation
40.34. Review by Court
40.35. Stay of costs

Division 40.3--Short form bills

40.41. Short form bill on application for winding up under Corporations Act 2001
40.42. Procedure -- short form bills under Corporations Act 2001
40.43. Short form bill on migration appeal
40.44. Procedure -- short form bills for migration appeals

Division 40.4--Determination of maximum costs

40.51. Maximum costs in a proceeding

PART 41--ENFORCEMENT

Division 41.1--General

41.01. Application without notice for directions
41.02. Condition precedent not fulfilled
41.03. Application for stay of judgment or order
41.04. Failure to comply with Court order
41.05. Failure to attend Court in response to subpoena or order
41.06. Endorsement on order
41.07. Service of order
41.08. Application where person fails to comply with order
41.09. Substituted performance
41.10. Execution generally
41.11. Stay of execution

Division 41.2--Enforcement against partnership

41.21. Execution of order against partnership
41.22. Execution against individual partner
41.23. Application to proceedings between co-partners

Division 41.3--Execution against business name

41.31. Execution of order -- proceeding against person in person's business name

Division 41.4--Sheriff

41.41. Suspension of execution of process
41.42. Failure to execute process
41.43. Application for orders in relation to execution of process

Division 41.5--Fees

41.51. Definitions for Division 41.5
41.52. Security
41.53. Liability of lawyer
41.54. Bill of fees
41.55. Taxation
41.56. Failure by lawyer to pay Sheriff's fees

Division 41.6--Reciprocal enforcement of judgments under

41.61. Interpretation for Division 41.6
41.62. Application for an order for registration of foreign judgment
41.63. Further affidavit to be filed on day of hearing
41.64. Registration
41.65. Notice of registration
41.66. Application to set aside registration of judgment or stay enforcement of judgment
41.67. Application to set aside registered foreign judgment
41.68. Security for costs
41.69. Record of registered judgments

CHAPTER 6--Disciplinary

PART 42--CONTEMPT

Division 42.1--Contempt in face or hearing of Court

42.01. Arrest for contempt
42.02. Charge, defence and determination
42.03. Interim custody

Division 42.2--Applications for contempt

42.11. Procedure generally
42.12. Statement of charge
42.13. Service
42.14. Arrest
42.15. Procedure on the hearing
42.16. Application or proceeding by the Registrar

Division 42.3--General

42.21. Warrant for imprisonment
42.22. Discharge before end of prison term
SCHEDULE 1 Dictionary
SCHEDULE 2 Powers of the Court that may be exercised by a Registrar
SCHEDULE 3 Costs allowable for work done and services performed

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