Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 33.22

Directions hearing

                A party may apply to the Court for the following directions:

                (a)    for determining what documents and matters were before the Tribunal;

               (b)    the giving of further evidence, under section 44 (8) (b) of the AAT Act,

                (c)    for the joining or removing of a party to the appeal;

               (d)    giving summary judgment;

                (e)    making an interlocutory order pending, or after, the determination of an appeal to the Court;

                (f)    making an order by consent disposing of an appeal including an order for costs;

               (g)    dismissing an appeal for want of prosecution;

               (h)    making an order that an appeal to the Court be dismissed for:

                          (i)    failure to comply with a direction of the Court; or

                         (ii)    failure of the appellant to attend a hearing relating to the appeal;

                (i)    the conduct of the appeal including:

                          (i)    contents of the appeal book;

                         (ii)    the use of written submissions;

                        (iii)    limiting the time for oral argument;

                (j)    the conduct of the appeal without an oral hearing subject to the condition that the parties be entitled to present written submissions;

               (k)    the staying of a decision of the Tribunal;

                (l)    to refer the notice of appeal and any other necessary papers to the Chief Justice for an order on whether the appeal should be heard by a Full Court;

              (m)    for the place, time and mode of hearing;

               (n)    to determine any other matter for the purpose of preparing the appeal for hearing.



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