We, Judges of the Federal Court of Australia, make the following Rules of Court under the Federal Court of Australia Act 1976.
Dated 20 July 2011
P.A. KEANE CJ
T.J. HIGGINS J
M.F. MOORE J
S.R. MARSHALL J
A.M. NORTH J
J.R. MANSFIELD J
A.R. EMMETT J
J.A. DOWSETT J
G.K. DOWNES J
A.C BENNETT J
B.T. LANDER J
A.N. SIOPIS J
A.P. GREENWOOD J
S.D. RARES J
B. COLLIER J
D.A. COWDROY J
A.J. BESANKO J
C.N. JESSUP J
J.E. MIDDLETON J
R.J. BUCHANAN J
J. GILMOUR J
M.M. GORDON J
J.A. LOGAN J
G.A. FLICK J
N.W. McKERRACHER J
J.E. REEVES J
N. PERRAM J
L.G. FOSTER J
M.L. BARKER J
D.M. YATES J
M. BROMBERG J
J. DODDS-STREETON J
A. J. KATZMANN J
A. ROBERTSON J
B.M. MURPHY J
Judges of the Federal
Court of Australia
W.G. SODEN
Contents
Chapter 1 Introductory provisions
Part 1 Preliminary
Division 1.1 Scope
1.01 Name of Rules 35
1.02 Commencement 35
1.03 Repeal of previous Rules 35
1.04 Application 35
Division 1.2 Application about procedures
1.21 Application for orders about procedures 36
Division 1.3 General powers of the Court
1.31 Orders to have regard to nature and complexity of proceeding 36
1.32 Court may make any order it considers appropriate in the interests of justice 36
1.33 Orders may be subject to conditions 36
1.34 Dispensing with compliance with Rules 36
1.35 Orders inconsistent with Rules 37
1.36 Orders other than in open court 37
1.37 Directions to Registrars 37
1.38 Fixing of time by Court 37
1.39 Extension and shortening of time 37
1.40 Exercise of Court's power 37
1.41 Other orders that may be made 38
1.42 Orders may include consequences of non-compliance 38
Division 1.4 Interpretation
1.51 Definitions -- the Dictionary 38
1.52 References to Forms 38
Division 1.5 Time
1.61 Calculation of time 39
Part 2 Registry and documents
Division 2.1 Registry
2.01 Use of seal and stamps of Court 40
2.02 Transfer of proceeding to another place 41
Division 2.2 Documents
2.11 General provisions about documents 41
2.12 Compliance with approved forms 41
2.13 Titles of documents 41
2.14 Subsequent documents to be endorsed with Court number 42
2.15 Signature 42
2.16 Details at foot of each document 43
Division 2.3 Lodging and filing documents
2.21 How documents may be lodged with the Court 43
2.22 Faxing a document 44
2.23 Sending a document by electronic communication 45
2.24 Documents sent by electronic communication 45
2.25 When is a document filed 46
2.26 Refusal to accept document for filing -- abuse of process or frivolous or vexatious documents 47
2.27 When documents will not be accepted in a Registry 47
Division 2.4 Custody and inspection of documents
2.31 Custody of documents 47
2.32 Inspection of documents 48
Division 2.5 Administration of money paid into Court and payment out
2.41 Establishment of Litigants' Fund 49
2.42 Dealing with money paid into Court 50
2.43 Payment out of Litigants' Fund 50
Part 3 Registrars
Division 3.1 Powers of Registrars
3.01 Powers of the Court that may be exercised by a Registrar 51
3.02 Authority to administer oaths and affirmations 52
3.03 Orders other than in open court 52
3.04 Application for orders in relation to Registrars 52
3.05 Application to the Registrar for an application to be determined by the Court 52
Division 3.2 Reviewing a Registrar's exercise of power
3.11 Application for review of the Registrar's exercise of power 53
Part 4 Lawyers
Division 4.1 General
4.01 Proceeding by lawyer or in person 54
4.02 Power to act by lawyer 54
4.03 Appointment of a lawyer -- notice of acting 54
4.04 Termination of retainer by party 54
4.05 Termination of retainer by lawyer 55
Division 4.2 Court referral for legal assistance
4.11 Definitions for Division 4.2 55
4.12 Referral for legal assistance 56
4.13 A party has no right to apply for a referral 56
4.14 Acceptance of referral certificate and provision of legal assistance 56
4.15 Ceasing to provide legal assistance 56
4.16 Application for Registrar's permission to cease providing legal assistance 57
4.17 Cessation of referral certificate 58
4.18 Disbursements 58
4.19 Professional fees 58
Part 5 Court supervision of proceedings
Division 5.1 Return date and directions
5.01 Parties to attend Court on return date 60
5.02 Parties to file notice of address for service before return date 60
5.03 Respondent's genuine steps statement 60
5.04 Making directions 61
5.05 Adjournment of directions hearing 63
5.06 Application for directions -- cross-claims 63
5.07 Interlocutory orders 63
5.08 Hearing and determination of matter at directions hearing 64
Division 5.2 Orders on default
5.21 Self-executing orders 64
5.22 When a party is in default 64
5.23 Orders on default 64
5.24 Contempt 65
Part 6 Court supervision of parties and other persons
Division 6.1 Vexatious proceedings
6.01 Scandalous, vexatious or oppressive matter 66
6.02 Vexatious proceedings 66
6.03 Applications for orders in relation to vexatious proceedings 66
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 67
6.12 Contempt 68
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 69
Division 7.2 Approval of agreement for person under a legal incapacity
7.11 Compromise or settlement of matter before proceeding 70
Division 7.3 Preliminary discovery
7.21 Definitions for Division 7.3 71
7.22 Order for discovery to ascertain description of respondent 71
7.23 Discovery from prospective respondent 72
7.24 Procedure for applications under this Division 73
7.25 List of documents 73
7.26 Privilege 73
7.27 Inspection of documents 74
7.28 Copying of documents produced for inspection 74
7.29 Costs 74
Division 7.4 Freezing orders
7.31 Definitions for Division 7.4 75
7.32 Freezing order 75
7.33 Ancillary order 75
7.34 Order may be against person not a party to proceeding 76
7.35 Order against judgment debtor or prospective judgment debtor or third party 76
7.36 Jurisdiction 77
7.37 Service outside Australia of application for freezing order or ancillary order 78
7.38 Costs 78
Division 7.5 Search orders
7.41 Definitions for Division 7.5 78
7.42 Search order 79
7.43 Requirements for grant of search order 79
7.44 Jurisdiction 79
7.45 Terms of search order 79
7.46 Independent lawyers 80
7.47 Costs 81
Part 8 Starting proceedings
Division 8.1 Originating applications
8.01 Starting proceeding -- application 82
8.02 Applicant's genuine steps statement 82
8.03 Application to state relief claimed 83
8.04 Application starting migration litigation to include certificate 83
8.05 Application to be accompanied by statement of claim or affidavit 84
8.06 Service of originating documents 84
8.07 Changing return date 85
Division 8.2 Notice of constitutional matter
8.11 Notice of constitutional matter 85
8.12 Service of notice 85
Division 8.3 Amendments to an originating application
8.21 Amendment generally 86
8.22 Date on which amendment takes effect 87
8.23 Procedure for making amendment 88
8.24 Time for amending an originating application under Court order 88
8.25 Service of amended originating application 88
Part 9 Parties and proceedings
Division 9.1 Parties, interveners and causes of action
9.01 Multiple causes of action 89
9.02 Joinder of parties -- general 89
9.03 Joinder of applicants with joint entitlement 89
9.04 Joinder of persons with common liability 90
9.05 Joinder of parties by Court order 90
9.06 Application for separate trials -- inconvenient joinder of causes of action or parties 91
9.07 Errors in joinder of parties 91
9.08 Removal of parties by Court order 91
9.09 Death, bankruptcy or transmission of interest 91
9.10 No joinder or substitution after death of party 92
9.11 Substitution of party 92
9.12 Interveners 92
Division 9.2 Representative proceedings
9.21 Representative party -- general 93
9.22 Enforcement of order for or against representative party 93
9.23 Representative party -- beneficiaries 94
9.24 Deceased persons 94
9.25 Conduct of proceeding by particular party 95
Division 9.3 Grouped proceedings under Part IVA of the Act
9.31 Interpretation for Division 9.3 95
9.32 Starting a representative proceeding 95
9.33 Person may give consent to be a group member 95
9.34 Opt out notices 96
9.35 Application for order relating to the procedure to be followed in a representative proceeding 96
Division 9.4 Partnerships
9.41 Proceeding by or against partners in partnership name 96
9.42 Disclosure of partners' names 97
9.43 Proceeding between members of partnerships 97
9.44 Denial by person served as partner 97
9.45 Defence to be in partnership name 98
9.46 Entry of order 98
Division 9.5 Business name proceedings
9.51 Proceeding against a person who carries on a business under a business name 99
9.52 Proceeding against a business name 99
9.53 Proceeding under this Division or Division 9.4 99
9.54 Amendment of parties 100
9.55 Variation of order 101
9.56 Order for discovery -- proceeding brought against a person in the person's business name 101
Division 9.6 Persons under a legal incapacity
9.61 Proceeding by or against person under a legal incapacity 102
9.62 Persons who may be a litigation representative 102
9.63 Appointment of litigation representative by the Court 103
9.64 Consent to be filed 103
9.65 Removal of litigation representative by the Court 104
9.66 Conduct of proceeding 104
9.67 No deemed admissions 104
9.68 Discovery and interrogatories 104
9.69 Payment into Court 105
9.70 Compromise or settlement of matter in proceeding 105
9.71 Application by litigation representative for approval of agreement 105
Part 10 Service
Division 10.1 Personal service
10.01 Service on individual 107
10.02 Service on corporation 107
10.03 Service on unincorporated association 107
10.04 Service on organisation 108
10.05 Service on partnership 108
10.06 Service in a proceeding brought against a person in the person's business name 109
10.07 Service in a proceeding under the Patents Act 1990 109
10.08 Service in a proceeding under the Trade Marks Act 1995 109
10.09 Service on person under a legal incapacity 110
10.10 Personal service on a person under a legal incapacity 111
10.11 Deemed service of originating application 111
10.12 Refusal to accept document served personally 111
Division 10.2 Service other than by personal service
10.21 Identity of person served 112
10.22 Acceptance of service by lawyer 112
10.23 Deemed service 112
10.24 Substituted service 113
10.25 Service by filing 113
10.26 Service by Court 113
10.27 Service of interlocutory injunction 114
10.28 Service under agreement 114
Division 10.3 Ordinary service
10.31 Ordinary service 114
10.32 Time of service 115
Division 10.4 Service outside Australia
10.41 Definitions for Division 10.4 115
10.42 When originating application may be served outside Australia 116
10.43 Application for leave to serve originating application outside Australia 118
10.44 Service of other documents 120
10.45 Application of other rules 121
10.46 Method of service 121
10.47 Proof of service 121
10.48 Deemed service 122
10.49 Substituted service 122
Division 10.5 Service through diplomatic channel or by transmission to foreign government
10.51 Documents to be lodged with the Court 122
10.52 Order for payment of expenses 123
Division 10.6 Service under Hague Convention
10.61 Definitions for Division 10.6 124
10.62 Provisions of this Division to prevail 126
10.63 Service abroad of local judicial documents -- application of rules 10.64 to 10.68 126
10.64 Application for request for service abroad 126
10.65 How application to be dealt with 128
10.66 Procedure on receipt of certificate of service 129
10.67 Payment of costs 130
10.68 Evidence of service 130
10.69 Default judgment following service abroad of initiating process -- application of rules 10.70 to 10.72 131
10.70 Restriction on power to enter default judgment if certificate of service filed 131
10.71 Restriction on power to enter default judgment if certificate of service not filed 132
10.72 Setting aside judgment in default of appearance 133
10.73 Local service of foreign judicial documents - application of rules 10.74 to 10.76 133
10.74 Certain documents to be referred to Attorney-General's Department 134
10.75 Service 134
10.76 Affidavit as to service 135
Part 11 Address for service
11.01 Address for service -- general 137
11.02 Address for service -- corporations 137
11.03 Address for service -- proceeding against person in person's business name 138
11.04 Address for service -- partnership 138
11.05 Receivers 138
11.06 When must notice of address for service be filed 138
11.07 How to file notice of address for service 138
11.08 Service of notice of address for service 139
Part 12 Submitting notices
12.01 Submitting notice 140
Part 13 Jurisdiction -- setting aside originating application
13.01 Setting aside originating application etc 141
Part 14 Interlocutory orders for preservation of rights and property
Division 14.1 Inspection of property
14.01 Order for inspection etc of property 142
14.02 Service of application 143
14.03 View by Court 143
Division 14.2 Preservation etc of property
14.11 Preservation of property 143
14.12 Disposal of personal property 143
14.13 Interim distribution of property or income from property 144
14.14 Payment before determination of all interested persons 144
Division 14.3 Receivers
14.21 Application to appoint receiver 144
14.22 Guarantee 144
14.23 Powers 145
14.24 Remuneration 145
14.25 Accounts 145
14.26 Default 145
14.27 Death of receiver 146
Part 15 Cross-claims and third party claims
Division 15.1 Making cross-claim
15.01 Cross-claim by respondent 147
15.02 Starting cross-claim 147
15.03 Title of cross-claim and subsequent documents 148
15.04 Time for bringing cross-claim 148
15.05 Application for extension of time to file cross-claim 148
15.06 Cross-claim to be accompanied by statement of cross-claim or affidavit 148
15.07 Cross-claim to state relief claimed 149
15.08 Service of notice of cross-claim on cross-respondent 149
15.09 Service of pleadings and documents 150
15.10 Conduct of proceeding after cross-claim is filed 150
15.11 Separate proceeding in relation to cross-claim 151
15.12 Cross-claim for contribution or indemnity 151
15.13 Hearings in relation to cross-claims 151
15.14 Co-cross-respondents 152
Division 15.2 Amendment of cross-claim
15.15 Amendment generally 152
15.16 Date on which amendment takes effect 153
15.17 Procedure for making amendment 153
15.18 Time for amending notice of cross-claim under Court order 154
15.19 Service of amended cross-claim 154
Part 16 Pleadings
Division 16.1 General
16.01 Pleading to include name of person who prepared it 155
16.02 Content of pleadings -- general 155
16.03 Pleading of facts 156
16.04 References to documents or spoken words 156
16.05 Conditions precedent 156
16.06 Inconsistent allegations or claims 157
16.07 Admissions, denials and deemed admissions 157
16.08 Matters that must be expressly pleaded 157
16.09 Defence of tender before start of proceeding 157
16.10 Defence claiming set-off 158
16.11 Joinder of issue 158
16.12 Close of pleadings 158
Division 16.2 Striking out pleadings
16.21 Application to strike out pleadings 158
Division 16.3 Progress of pleadings
16.31 Application of Division 16.3 159
16.32 Defence to application 159
16.33 Reply 159
Division 16.4 Particulars
16.41 General 160
16.42 Fraud, misrepresentation etc 160
16.43 Conditions of mind 160
16.44 Damages and exemplary damages 161
16.45 Application for order for particulars 161
Division 16.5 Amendment of pleadings
16.51 Amendment without needing the leave of the Court 162
16.52 Disallowance of amendment of pleading 162
16.53 Application for leave to amend 163
16.54 Date on which amendment takes effect 163
16.55 Consequential amendment of defence 163
16.56 Consequential amendment of reply 163
16.57 Implied joinder of issue after amendment 164
16.58 Time for amending pleading under Court order 164
16.59 Procedure for making amendment to pleading 164
16.60 Service of amendment 165
Part 17 Interlocutory applications
17.01 Interlocutory application 166
17.02 Reliance on correspondence or undisputed documents 166
17.03 Service on others 167
17.04 Hearing and determination of interlocutory application -- absence of party 167
Part 18 Interpleader proceedings
Division 18.1 Stakeholder's interpleader
18.01 Application for relief by way of interpleader 168
18.02 How application to be made 168
18.03 Orders that may be sought 169
18.04 Default by claimant 169
18.05 Neutrality of stakeholder 169
18.06 Order in several proceedings 170
Division 18.2 Sheriff's interpleader
18.11 Notice of claim 170
18.12 Notice of claim to be served on execution creditor 171
18.13 Admission of claim by execution creditor 171
18.14 Application by Sheriff for interpleader 172
Part 19 Security for costs
19.01 Application for an order for security for costs 173
19.02 Matters to be addressed by the respondent 173
Part 20 Discovery and inspection of documents
Division 20.1 General
20.01 Withholding documents on public interest grounds 174
20.02 Privilege 174
20.03 Undertakings or orders applying to documents 174
Division 20.2 Discovery
20.11 Discovery must be for the just resolution of the proceeding 175
20.12 No discovery without court order 175
20.13 Application for discovery 175
20.14 Standard discovery 175
20.15 Non-standard and more extensive discovery 176
20.16 Giving discovery 177
20.17 List of documents 177
20.18 Copies of documents 178
20.19 Claim of privilege 178
20.20 Supplementary discovery 178
20.21 Order for particular discovery 179
20.22 Deponent for affidavit for discovery 179
20.23 Discovery from non-party 180
20.24 Non-party's obligation 181
20.25 Non-party's costs and expenses 181
Division 20.3 Production for inspection
20.31 Notice to produce document in pleading or affidavit 181
20.32 Order for production from party 182
20.33 Order for production from non-party 182
20.34 Copying of documents produced for inspection 182
20.35 Production to Court 183
Part 21 Interrogatories
21.01 Order for interrogatories 184
21.02 When application may be made 184
21.03 Answers to interrogatories 184
21.04 Affidavit verifying written answers to interrogatories 185
21.05 Orders dealing with insufficient answers 186
21.06 Answers tendered as evidence 186
21.07 Public interest 186
Part 22 Admissions
22.01 Notice to admit facts or documents 187
22.02 Notice disputing facts or documents 187
22.03 Disputing party to pay costs if document is proved etc 187
22.04 Facts or documents taken to be admitted if not disputed 187
22.05 Deemed admission 188
22.06 Withdrawal of admissions 188
22.07 Judgment on admissions 188
Part 23 Experts
Division 23.1 Court experts
23.01 Appointment of Court expert 189
23.02 Court expert's report 189
23.03 Court expert's report -- use at trial 190
23.04 Other expert's reports on the question 190
Division 23.2 Parties' expert witnesses and expert reports
23.11 Calling expert evidence at trial 190
23.12 Provision of guidelines to an expert 191
23.13 Contents of an expert report 191
23.14 Application for expert report 191
23.15 Evidence of experts 192
Part 24 Subpoenas
Division 24.1 Leave to issue subpoena
24.01 Leave to issue subpoena 193
Division 24.2 Subpoenas to give evidence and to produce documents
24.11 Definitions for Division 24.2 193
24.12 Issuing of subpoena 194
24.13 Form of subpoena 195
24.14 Change of date for attendance or production 196
24.15 Setting aside or other relief 196
24.16 Service 196
24.17 Compliance with subpoena 196
24.18 Production otherwise than on attendance 197
24.19 Removal, return, inspection, copying and disposal of documents and things 198
24.20 Inspection of, and dealing with, documents and things produced otherwise than on attendance 198
24.21 Return of documents and things produced 200
24.22 Costs and expenses of compliance 200
24.23 Failure to comply with subpoena -- contempt of court 201
24.24 Documents and things in custody of Court 201
Part 25 Offers to settle
25.01 Offer to compromise 202
25.02 Notice to be signed 202
25.03 Offer to compromise -- content 202
25.04 Offer to be paid within 28 days 202
25.05 Timing of offer 202
25.06 No communication to Court of offer 203
25.07 Withdrawal of offer 203
25.08 Acceptance of offer 203
25.09 Withdrawal of acceptance 204
25.10 Failure to comply with offer 204
25.11 Multiple respondents 204
25.12 Taxation of costs where offer accepted 205
25.13 Contributor parties 205
25.14 Costs where offer not accepted 206
Part 26 Ending proceedings early
Division 26.1 Summary judgment and stay of proceedings
26.01 Summary judgment 207
Division 26.2 Withdrawal and discontinuance
26.11 Withdrawal of defence etc 208
26.12 Discontinuance 208
26.13 Service of notice 209
26.14 Effect of discontinuance 209
26.15 Stay of proceeding until costs paid 210
Part 27 Transfer of proceedings
Division 27.1 Family Court of Australia
27.01 Transfer to Family Court of Australia 211
Division 27.2 Federal Magistrates Court
27.11 Transfer to Federal Magistrates Court 211
27.12 Factors to be taken into account 211
27.13 Transfer from Federal Magistrates Court 212
Division 27.3 Cross-vesting
27.21 Transfer of proceeding from the Court 213
27.22 Application by Attorney-General for transfer of proceeding from the Court 213
27.23 Transfer of proceeding to the Court 213
Part 28 Alternative dispute resolution
Division 28.1 General
28.01 General 215
28.02 Orders that may be sought 215
28.03 Arbitration, mediation and ADR process 215
28.04 Court may terminate mediation or ADR process 216
28.05 Parties may refer proceeding to mediation, arbitration or ADR process 216
Division 28.2 Arbitration
28.11 Appointment of arbitrator 216
28.12 Applications by interlocutory application 217
28.13 Applications for registration 217
28.14 Applications for order in terms of an award 218
Division 28.3 Mediation
28.21 Nomination of mediator 219
28.22 Conduct of mediation 219
28.23 Report if only part of proceeding to be mediated 219
28.24 Termination of mediation -- mediator initiated 219
28.25 Agreement at mediation 220
Division 28.4 ADR process
28.31 Nomination of person to conduct ADR process 220
28.32 Conduct of ADR process 220
28.33 Report if only part of proceeding to be subject of ADR process 220
28.34 Termination of ADR process 221
28.35 Agreement at ADR process 221
Division 28.5 International arbitration
28.41 Definitions for Division 28.5 221
28.42 Application of Division 221
28.43 Application for stay of arbitration 222
28.44 Enforcing foreign award 222
28.45 Application for relief under Model Law 223
28.46 Subpoenas for Division 28.5 223
28.47 Application under section 23A of International Arbitration Act 224
28.48 Application under section 23F or 23G of International Arbitration Act 225
28.49 Recognition of award 226
28.50 Documents not in English language 226
Division 28.6 Referral by Court to referee
28.61 Order of referral 226
28.62 Appointment of referees 227
28.63 Two or more referees 227
28.64 Security for remuneration 227
28.65 Conduct of inquiry 228
28.66 Report 229
28.67 Proceeding on report 229
Part 29 Evidence
Division 29.1 Affidavits
29.01 When affidavit may be sworn or affirmed 230
29.02 Form of affidavit 230
29.03 Content of affidavits 231
29.04 Swearing or affirming affidavit by person who has disability 231
29.05 Service of exhibits and annexures 232
29.06 Irregularity in form 232
29.07 Use of affidavit not filed or in irregular form 232
29.08 Serving of affidavits 233
29.09 Cross-examination of deponent 233
Division 29.2 Evidence on commission taken in Australia or abroad
29.11 Order for examination of witness 233
29.12 Letter of request 234
29.13 Procedure for orders under section 7 (1) (a) or (b) of Foreign Evidence Act 1994 235
29.14 Documents for examiner 235
29.15 Appointment for examination 235
29.16 Conduct of examination 235
29.17 Examination of additional persons 236
29.18 Objection 236
29.19 Taking of depositions 237
29.20 Authentication and filing 237
29.21 Special report 237
29.22 Default of witness 238
29.23 Evidence of future right or claim 238
Part 30 Hearings
Division 30.1 Separate decisions on questions
30.01 Application for separate trials 240
30.02 Disposal of proceedings after hearing separate questions 240
30.03 Attendance and production 240
Division 30.2 Consolidation
30.11 Consolidation of proceedings before trial 241
Division 30.3 Trial
30.21 Absence of party at trial 241
30.22 No appearance by any party 242
30.23 Trial limitations 242
30.24 Death before judgment 243
30.25 Evidence in other proceedings 243
30.26 Plans, photographs and models 243
30.27 Consent 243
30.28 Notice to produce 244
30.29 Notice of intention to adduce evidence of previous representation 244
30.30 Notice of objection to tender of hearsay evidence if maker available 244
30.31 Notice of intention to adduce tendency evidence 245
30.32 Notice of intention to adduce coincidence evidence 245
30.33 Parties in lawful custody 245
Division 30.4 Assessment of damages
30.41 Order for calculation of amount of damages by Registrar 245
30.42 Notice of objection to calculation 246
30.43 Procedure if notice given 246
30.44 Procedure if notice not given 246
Division 30.5 Accounts
30.51 Order for account to be taken 247
30.52 Form and filing of account 247
30.53 Notice of additional charge or error in account 247
30.54 Orders to deal with delay 247
30.55 Order for account or inquiry before Registrar 248
30.56 Notice of objection to certificate 248
30.57 Procedure if notice given 248
30.58 Procedure if notice not given 248
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 249
31.02 Application for extension of time 249
31.03 Documents to be filed and served 250
31.04 Service 250
31.05 Notice of objection to competency 251
Division 31.2 Judiciary Act 1903
31.11 Form of application 251
31.12 Joinder of claims for relief 252
Division 31.3 Migration Act 1958
31.21 Definitions for Division 31.3 252
31.22 Application for review of migration decision 252
31.23 Application for extension of time 253
31.24 Notice of objection to competency 253
Division 31.4 Australian Crime Commission Act 2002
31.31 Applications under section 57 of Australian Crime Commission Act 2002 254
Part 32 Remittals and referrals from the High Court
Division 32.1 Matters remitted from the High Court
32.01 Filing of order of remittal 255
32.02 Service of order and notice 255
32.03 Address for service 256
32.04 Hearing of application to show cause 256
Division 32.2 Referral of petition under Commonwealth Electoral Act 1918
32.11 Filing of order referring petition or part of petition 256
32.12 Service of order and notice 257
32.13 Address for service 257
32.14 Lists of votes claimed or objected to 257
32.15 Counter-charges 258
32.16 Notice of trial 259
32.17 Withdrawal of petition and substitution of another petitioner 259
32.18 Death of petitioner 259
Part 33 Appeals from decisions of bodies other than courts
Division 33.1 Taxation appeals
33.01 Definitions for Division 33.1 260
33.02 Starting AOD appeals 260
33.03 Documents to be filed and served by Commissioner -- matters other than private rulings 262
33.04 Documents to be filed and served by Commissioner -- private rulings 262
33.05 Starting DPO appeals 263
33.06 Documents to be filed and served by Commissioner 264
Division 33.2 Administrative Appeals Tribunal
33.11 Definitions for Division 33.2 264
33.12 Starting an appeal -- filing and service of notice of appeal 264
33.13 Application for extension of time to start appeal 265
33.14 Amendment of notice of appeal without leave -- supplementary notice 266
33.15 Application for leave to raise other questions of law or rely on other grounds 266
33.16 Respondent's address for service 266
33.17 Form of application for stay of Tribunal decision 267
33.18 Registrar of Tribunal to send documents 267
33.19 No written reasons for decision 268
33.20 Notice of cross-appeal 268
33.21 Notice of contention 269
33.22 Directions hearing 269
33.23 Appeal books 270
33.24 Assistance from Registrar 271
33.25 Title of appeal books 271
33.26 Content of appeal books 272
33.27 Written submissions, chronology and lists of authorities 273
33.28 Filing of Part C documents 274
33.29 Further evidence on appeal 274
33.30 Notice of objection to competency of appeal 274
33.31 Discontinuance of appeal 275
33.32 Application to dismiss appeal 276
33.33 Absence of party 276
Division 33.3 Appeals from the Superannuation Complaints Tribunal
33.34 Appeals under section 46 of the Superannuation (Resolution of Complaints) Act 1993 277
Division 33.4 Appeals from the National Native Title Tribunal
33.40 Appeals under section 169 of the Native Title Act 1993 277
Part 34 Other proceedings
Division 34.1 Fair Work proceedings
34.01 Definitions for Division 34.1 278
34.02 Application of Division 34.1 and other provisions of these Rules 279
34.03 Application in relation to dismissal from employment in contravention of a general protection 279
34.04 Application in relation to alleged unlawful termination of employment 280
34.05 Application in relation to alleged discrimination 280
34.06 Application for rule to show cause 281
34.07 Requirements for applications for an inquiry or ballot 282
34.08 Application for interim orders 284
Division 34.2 Proceedings for an offence
34.11 Starting a prosecution 284
34.12 Form of summons and information 285
34.13 Proceeding on date to answer charge 285
34.14 Warrant for arrest of respondent 285
34.15 Affidavits as to fine or penalty 285
34.16 Judge may issue a warrant 286
Division 34.3 Intellectual property
34.21 Definitions for Division 34.3 286
34.22 Application of Division 34.3 288
34.23 Appearance by Commissioner 288
34.24 Starting an appeal -- filing and service of notice of appeal 288
34.25 Application for extension of time to file notice of appeal 289
34.26 Grounds of appeal or particulars not stated in notice of appeal 289
34.27 Particulars of non-patentable invention 290
34.28 Notice of cross-appeal 290
34.29 Notice of contention 291
34.30 Provision of documents by Commissioner 291
34.31 Evidence 292
34.32 Application for determination of equitable remuneration 292
34.33 Applications for determination of terms of doing an act 292
34.34 Infringement of EL rights -- particulars 292
34.35 Infringement of copyright -- particulars 293
34.36 Infringement of registered designs -- particulars 293
34.37 Application for compulsory licence -- Designs Act 293
34.38 Revocation of registration or rectification of Register -- Designs Act 293
34.39 Infringement of monopoly in protected design -- particulars -- Olympic Insignia Protection Act 294
34.40 Application for rectification of Register of Olympic Designs or dispute of validity of protected design 294
34.41 Applications under section 105 (1) of Patents Act 295
34.42 Applications under section 120 (1) of Patents Act 296
34.43 Applications under section 125 (1) of Patents Act 297
34.44 Applications under section 128 (1) of Patents Act 297
34.45 Applications under Chapter 12 of Patents Act 297
34.46 Dispute of validity of patent -- particulars of invalidity 298
34.47 Infringement of PBR -- particulars 299
34.48 Infringement of registered trade marks -- particulars 299
34.49 Dispute of validity of registration of trade mark -- particulars of invalidity 300
34.50 Experimental proof as evidence 300
Division 34.4 Trans-Tasman proceedings -- general
34.61 Definitions for Division 34.4 301
34.62 Proceedings under the Trans-Tasman Proceedings Act 301
34.63 Originating application under Trans-Tasman Proceedings Act 302
34.64 Interlocutory application under Trans-Tasman Proceedings Act 302
34.65 Application for interim relief 302
34.66 Application for leave to serve subpoena in New Zealand 303
34.67 Form of subpoena 304
34.68 Application to set aside subpoena 304
34.69 Application for issue of certificate of non-compliance with subpoena 305
34.70 Documents relating to application 306
34.71 Application to enforce compliance with order made by New Zealand court 306
34.72 Notice of registration of NZ judgment 306
34.73 Application for extension of time to give notice of registration of NZ judgment 307
34.74 Application to set aside registration of NZ judgment 307
34.75 Application for stay of enforcement of registered NZ judgment so that liable person can appeal judgment 308
34.76 Application for extension of time to apply for stay of enforcement of registered NZ judgment so that liable person can appeal judgment 308
34.77 Application for order for use of audio link or audiovisual link 309
Division 34.5 Trans-Tasman market proceedings
34.81 Definitions for Division 34.5 309
34.82 Application of Division 34.5 310
34.83 Filing documents in Australian market proceeding in New Zealand 310
34.84 Filing documents in a NZ market proceeding in Australia 310
34.85 Federal Court sittings in New Zealand 311
34.86 Application of rules 34.72 to 34.76 311
Division 34.5A Transitional arrangements for Divisions 34.4 and 34.5
34.86A Transitional arrangements for Divisions 34.4 and 34.5 311
Division 34.6 Aboriginal and Torres Strait Islander Act 2005
34.91 Definition for Division 34.6 312
34.92 Form and service of election petition 313
34.93 Response to election petition 313
34.94 Reference as to qualifications or vacancy 314
Division 34.7 Native title proceedings
34.101 Interpretation for Division 34.7 314
34.102 Application of Division 34.7 315
34.103 Main application (native title and compensation) 315
34.104 Joinder of parties to main application within relevant period 316
34.105 Joinder of parties to main application after relevant period 316
34.106 Withdrawal of a party 316
34.107 Form of applications other than main applications 317
34.108 Service of applications other than main applications 317
34.109 Application for review of decision not to accept claim for registration 318
34.110 Application to remove details of agreement from Register of Indigenous Land Use Agreements 318
34.111 Application for order about return of, or access to, records 319
34.112 Question to be special case 319
34.113 Special case to be prepared -- referral by mediator 319
34.114 Special case to be prepared -- referral by NNTT 320
34.115 Party having carriage of proceeding -- referral by mediator 320
34.116 Party having carriage of proceeding -- referral by NNTT 320
34.117 Referral of questions about whether a party should cease to be a party 320
34.118 Report about breaches of good faith requirement 321
34.119 Definition for rules 34.120 to 34.123 322
34.120 Evidentiary matters generally 322
34.121 Orders to take account of cultural or customary concerns 322
34.122 Disclosure of evidence or information of cultural or customary nature, contrary to court order 323
34.123 Evidence of cultural or customary nature 324
34.124 Documents referring to certain material 324
34.125 Evidence given in consultation with others 324
34.126 Evidence given not in normal course 325
34.127 Inspection 325
34.128 Taking evidence 325
34.129 Conflict of interest 326
34.130 Short title of proceeding 326
34.131 Notices of appointment of agent and change to agent's address for service 326
34.132 Application for leave to be represented by person who is not a lawyer 327
34.133 Native Title Registrar application to Court for order as to notice 327
34.134 Overlapping applications 327
34.135 Court may order adjournment for purpose of agreement between parties 328
34.136 Agreements regarding practical outcomes of native title determination 328
34.137 Appearance by NNTT 328
Division 34.8 Human rights proceedings
34.161 Definitions for Division 34.8 329
34.162 Application of Division 34.8 329
34.163 Starting a proceeding -- application and claim 329
34.164 Copy of application to be given to Commission 330
34.165 Address for service 330
34.166 Appearance by special-purpose Commissioner 330
34.167 Conduct of proceeding by litigation representative 330
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 331
Division 35.2 Written applications for leave to appeal
35.11 Application of Division 331
35.12 Form of application 332
35.13 Time for filing application 332
35.14 Extension of time to seek leave to appeal 332
35.15 Service of application 333
35.16 Method of service 333
35.17 Address for service of respondent 334
35.18 Certain applications may be dealt with without an oral hearing 334
35.19 Submissions 334
35.20 Objection to application being considered without oral hearing 335
35.21 Time for filing and serving affidavits 335
35.22 Directions 335
Division 35.3 Ending applications early
35.31 Withdrawing an application 335
35.32 Dismissing application for want of prosecution 336
35.33 Absence of a party 336
Division 35.4 Revocation of leave to appeal
35.41 Revocation or variation of grant of leave 337
Part 36 Appeals
Division 36.1 Institution of appeals
36.01 Form of notice of appeal 338
36.02 Filing of notice of appeal 339
36.03 Time for filing and serving notice of appeal 340
36.04 Service on parties and lodgments 340
36.05 Extension of time to file notice of appeal 340
36.06 Method of service 341
36.07 Address for service of respondent 341
36.08 Stay of execution or proceedings under judgment appealed from 341
36.09 Security for costs of appeal 342
36.10 Amendment to notice of appeal 342
36.11 Directions 342
Division 36.2 Cross-appeals and notices of contention
36.21 Cross-appeal 344
36.22 Time to file notice of cross-appeal 344
36.23 Extension of time to file notice of cross-appeal 344
36.24 Notice of contention 345
Division 36.3 Parties to appeals and interveners
36.31 Parties 345
36.32 Applications to intervene 346
Division 36.4 Dealing with certain applications on the papers
36.41 Certain applications may be dealt with without an oral hearing 347
36.42 Submissions 347
36.43 Objection to application being considered without oral hearing 348
Division 36.5 Preparation of appeals
36.51 Appeal books 348
36.52 Assistance from Registrar 349
36.53 Title of appeal books 350
36.54 Content of appeal books 350
36.55 Written submissions, chronology and lists of authorities 352
36.56 Filing of Part C documents 352
36.57 Further evidence on appeal 352
Division 36.6 Ending appeals
36.71 Definitions for Division 36.6 353
36.72 Notice of objection to competency of appeal 353
36.73 Discontinuance of appeal 354
36.74 Application to dismiss appeal 354
36.75 Absence of party 355
Part 37 Appeals in criminal cases from Supreme Court of a Territory
37.01 Court may request a report 356
37.02 Application for production of a prisoner 356
Part 38 Cases stated and questions reserved
38.01 Application for case stated or question reserved 357
38.02 Case stated to be prepared etc 358
38.03 Directions 358
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 359
39.02 Time for compliance with orders 359
39.03 Dismissal of proceedings and stay of further proceedings 359
39.04 Varying or setting aside a judgment or order before it has been entered 360
39.05 Varying or setting aside judgment or order after it has been entered 360
39.06 Interest on judgment 360
Division 39.2 Consent orders
39.11 Consent orders 361
Division 39.3 Undertakings
39.21 Orders dealing with failure to fulfil undertakings 361
Division 39.4 Judgments and orders -- entry
39.31 When entry is required 361
39.32 Entry of an order 362
39.33 Lodgment of orders for entry 362
39.34 Order entered in Court 363
39.35 Authentication of orders 363
Part 40 Costs
Division 40.1 General
40.01 Party and party costs 364
40.02 Other order for costs 364
40.03 Costs reserved 364
40.04 Costs on interlocutory application or hearing 364
40.05 Costs in other courts 365
40.06 Costs improperly, unreasonably or negligently incurred 365
40.07 Liability of lawyer to their client for misconduct 365
40.08 Reduction in costs otherwise payable 366
Division 40.2 Taxation of costs
40.12 Application of Division 40.2 and 40.3 367
40.13 Taxation of costs awarded on an interlocutory application 367
40.14 Order for taxation not required 367
40.15 Failure to file bill of costs 367
40.16 Unnecessary expense in proceeding before taxing officer 368
40.17 Filing bill for taxation 368
40.18 Contents of bill 368
40.19 Service of a bill 368
40.20 Estimate of costs 369
40.21 Objection to estimate 369
40.22 Resolution at confidential conference 370
40.23 Provisional taxation 370
40.24 Notice that bill is to be taxed 371
40.25 Notice of objection 371
40.26 Response to notice of objection 371
40.27 Taxation 372
40.28 Powers of taxing officer 373
40.29 Costs to be allowed on taxation 373
40.30 Costs not to be allowed on taxation 373
40.31 Exercise of taxing officer's discretion 374
40.32 Certificate of taxation 374
40.33 Costs of taxation 375
40.34 Review by Court 375
40.35 Stay of costs 376
Division 40.3 Short form bills
40.41 Short form bill on application for winding up under Corporations Act 2001 376
40.42 Procedure -- short form bills under Corporations Act 2001 377
40.43 Short form bill on migration appeal 378
40.44 Procedure -- short form bills for migration appeals 378
Division 40.4 Determination of maximum costs
40.51 Maximum costs in a proceeding 380
Part 41 Enforcement
Division 41.1 General
41.01 Application without notice for directions 381
41.02 Condition precedent not fulfilled 381
41.03 Application for stay of judgment or order 381
41.04 Failure to comply with Court order 381
41.05 Failure to attend Court in response to subpoena or order 382
41.06 Endorsement on order 382
41.07 Service of order 383
41.08 Application where person fails to comply with order 383
41.09 Substituted performance 384
41.10 Execution generally 384
41.11 Stay of execution 385
Division 41.2 Enforcement against partnership
41.21 Execution of order against partnership 385
41.22 Execution against individual partner 385
41.23 Application to proceedings between co-partners 386
Division 41.3 Execution against business name
41.31 Execution of order -- proceeding against person in person's business name 386
Division 41.4 Sheriff
41.41 Suspension of execution of process 387
41.42 Failure to execute process 387
41.43 Application for orders in relation to execution of process 387
Division 41.5 Fees
41.51 Definitions for Division 41.5 388
41.52 Security 388
41.53 Liability of lawyer 389
41.54 Bill of fees 389
41.55 Taxation 389
41.56 Failure by lawyer to pay Sheriff's fees 389
Division 41.6 Reciprocal enforcement of judgments under Foreign Judgments Act 1991
41.61 Interpretation for Division 41.6 390
41.62 Application for an order for registration of foreign judgment 390
41.63 Further affidavit to be filed on day of hearing 391
41.64 Registration 392
41.65 Notice of registration 392
41.66 Application to set aside registration of judgment or stay enforcement of judgment 393
41.67 Application to set aside registered foreign judgment 393
41.68 Security for costs 393
41.69 Record of registered judgments 394
Chapter 6 Disciplinary
Part 42 Contempt
Division 42.1 Contempt in face or hearing of Court
42.01 Arrest for contempt 395
42.02 Charge, defence and determination 395
42.03 Interim custody 395
Division 42.2 Applications for contempt
42.11 Procedure generally 396
42.12 Statement of charge 396
42.13 Service 396
42.14 Arrest 397
42.15 Procedure on the hearing 397
42.16 Application or proceeding by the Registrar 398
Division 42.3 General
42.21 Warrant for imprisonment 398
42.22 Discharge before end of prison term 398
Schedule 1 Dictionary 399
Schedule 2 Powers of the Court that may be exercised by a Registrar 407
Part 3.1 Corporations (Aboriginal and Torres Strait Islander) Act 2006 407
Part 3.2 Trans-Tasman Proceedings Act 2010 407
Part 3.3 Federal Court of Australia Act 1976 407
Part 3.4 Foreign Evidence Act 1994 409
Part 3.5 Foreign Judgments Act 1991 409
Part 3.6 Native Title Act 1993 410
Part 3.7 Federal Court Rules 2011 410
Schedule 3 Costs allowable for work done and services performed 420
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.