Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT AMENDMENT RULES 2000 (NO. 5) 2000 NO. 235

Statutory Rule 2000 No. 235

Issued by the authority of the Judges of the Federal Court of Australia

Federal Court Amendment Rules 2000 (No. 5)

Section 59 of the Federal Court of Australia Act 1976 permits the Judges of the Court or a majority of them, to make rules of Court not inconsistent with the Act. These rules may provide for the practice and procedure to be followed in the Court and in Registries of the Court. They may extend to all matters incidental to any such practice or procedure that are necessary or convenient to be prescribed for the conduct of any business of the Court.

Under sub-section 59(4) of the Federal Court of Australia Act 1976, sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 which relate to the making of regulations, apply to these Rules of Court as if references to the regulations in those sections were references to Rules of Court.

The present Federal Court Rules came into operation on 1 August 1979. They are reviewed regularly.

RULE 1 - Name of rules

This rule provides that the rules are the Federal Court Amendment Rules 2000 (No. 5).

RULE 2 - Commencement

This rule provides that these Rules commence on gazettal.

RULE 3 - Amendment of Federal Court Rules

This rule provides that the Federal Court Rules are amended as set out in Schedule 1.

SCHEDULE 1 - Amendments

Conduct of proceedings remitted by High Court to the Court

[1]       Order 51A, after rule 2

Order 51A deals with matters remitted by the High Court of Australia to the Court.

This amendment inserts a new rule 2A, which provides that the other Orders of the Rules apply, so far as they are relevant and not inconsistent with Order 51A, to a proceeding that involves a matter, or part of a matter, remitted by the High Court to the Court.

Remittal of application for order nisi

[2]       Order 51A, after rule 4

This amendment inserts a new rule 5 which sets out how the Court will deal with an application remitted by the High Court for an order nisi for a prerogative writ.

Paragraph 5(1)(a) provides that the Court or a Judge will at the same time hear the parties on whether order nisi should be granted and, if satisfied that it should be granted, whether it should be made absolute. Under paragraph 5(1)(b), if the Court or Judge is satisfied that an order absolute should be made, the Court or Judge will not make the order nisi, but will proceed to make the order absolute.

Subrule 5(2) allows the Court or a Judge to order that subrule (1), or any part of it, does not apply in a particular case.