Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 1991 NO. 395

Statutory Rules 1991 No. 395

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

AMENDMENT OF THE RULES OF THE FEDERAL COURT OF AUSTRALIA

Section 59 of the Federal Court of Australia Act 1976 permits the Judges of the Court (of whom there are thirty-three (33) including the Chief Justice) or a majority of them to make Rules of Court not inconsistent with the Act, making provision for or in relation to the practice and procedure to be followed in the Court, including practice and procedure to be followed in Registries of the Court, and for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Court. Section 59 of the Act also provides that sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to these Rules of Court made under that section as if references in those sections of that Act to regulations were references to Rules of Court.

Subsection 60(1) of the Corporations Act 1989, as amended, provides that the power to make rules of court conferred under s59 of the Federal Court Act extends to making rules of court, not inconsistent with the Corporations Law of the Capital Territory, with respect to proceedings, and the practice and procedure, of the Federal Court under that Law; with respect to matters required or permitted to be prescribed by rules under that Law, or which it is necessary or convenient to be prescribed by rules for carrying out or giving effect to the Corporations Law; and with respect to costs and rules and meetings ordered by the Court.

Subsection 60(2) of the Corporations Act provides that the Court must apply the rules of court made under s 60(1), with such alterations as are necessary, when the Court exercises jurisdiction with respect to matters arising under the Corporations Law of a State which is conferred on the Court by a law of the State corresponding to Division 1 of Part 9 of the Corporations Act of the Capital Territory. Accordingly, Order 71 of the Federal Court Rules applies to proceedings heard by the Court which arise in the exercise of jurisdiction conferred under the Corporations Law of the Capital Territory or a State.

The present Federal Court Rules came into operation on 1 August 1979. They have been reviewed regularly since then.

Rule 1

This rule provides a commencement date for the rules.

Rule 2

This rule indicates that the Federal Court Rules are to be amended by these rules.

Rule 3

This rule inserts a new provision regarding assessment procedures for costs of proceedings before the Court. It is aimed at reducing the time and cost of taxation and in providing a clear guide to parties as to the amounts they can expect to recover if awarded costs in a proceeding. There is also specific provision for mediation on costs without the necessity of preparing bills of costs. It should result in a reduction in the cost of litigation generally.

Rule 4

This rule is to standardise the time for filing an application to review a decision of a Registrar under the Federal Court Rules.

Rules 5 to 13

These rules are designed to correct a number of formal errors which were included in the Corporations Rules of Court (Order 71) introduced during the last year.