Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT RULES (AMENDMENT) 1992 NO. 186

Statutory Rules 1992 No. 186

Issued by the authority of the Judges 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 pro-vision 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.

The present Federal Court Rules came into operation on 1 August 1979. They have been reviewed regularly since then. These amendments are necessary as they provide for the procedure for the registration of foreign judgments in accordance with the provisions of the Foreign Judgments Act 1991.

Rule 1

Provides a commencement date of 27 June 1992.

Rule 2

Provides for the amendment of the Rules as set out.

Rule 3

Provides for a certificate of judgment in Form 47A to be provided by the Registrar on request of a judgment creditor.

Rule 4

Inserts a new Order 74 - Reciprocal Enforcement of Judgments under the Foreign Judgments Act 1991 after Order 73.

Order 74 rule 1

Provides that expressions used in this new Order are to have the same meaning as they have in the Foreign Judgments Act 1991 (the Act).

Order 74 rule 2

Provides that Order applies to the registration of a- money or non-money judgment to which paragraph 6(2)(a) and 6(2)(b) of the Act apply. Those paragraphs refer to judgments given in certain proceedings under the Commerce Act 1985 of New Zealand.

Order 74 rule 3

Provides that an application to have a judgment registered may be made ex parte, must be in Form 132 and attach a copy of the judgment certified by the original court and be supported by affidavits in accordance with the next rule.

Order -74

Subrule 4 (1)

Provides. all details which are to be stated in the affidavit filed in support of an application for registration eg. full name, occupation and address of the parties; that the judgment was given in a proceedings arising under the Commerce Act 1986 of New Zealand; that the judgment would not be, or liable to be set aside and that the judgment was given in a Court to which the Act applies,

Subrule 4 (2)

Provides that a further affidavit be filed on the day of heating the application. This affidavit must state, if the judgment to be registered is a money Judgment, that the judgment has not been wholly satisfied or, if partly satisfied, the balance remaining, interest (if any) and for the currency in which the judgment is to be registered.

Subrule 4 (3)

Provides that the affidavit must set out the facts and grounds relied on for each statement and the causes of action, the enforceability and rate of interest payable under the law of the country or any amount payable under the judgment.

Order 74 rule 5

This rule refers to the required forms for an order for registration of a money or non-money judgment.

Order 74 rule 6

Provides that notice of registration together with a copy of the order for registration and supporting affidavits must be served on the. party against whom the registered judgment is enforceable. Unless otherwise ordered service is to be made personally and an affidavit of that service is to be Bled before any step is taken to enforce the registered judgment.

Order 74 rule 7

Provides that Order 3 rule 3, which concerns the extension and abridgment of time for compliance with the Rules, applies to the application to have the registration of a judgment set aside. The Court may also give such directions as are necessary for the statement and trial of any issue.

Order 74 rule 8

Provides that the Court may order such security as it thinks for the costs of an application for registration or for registration to be set aside.

Order 74 rule 9

Provides that the Registrar of the Court is to maintain a record of each registered judgment Details to be recorded include the original court; date of the order that the judgment be registered; full name and address of the judgment creditor (or solicitor) on whom documents can be served; full name and address of the party against whom the judgment is endorceable. If the judgment is a money judgment, the sum expressed in which the judgment is registered; interest (if any) and the rate of interest and if the judgment is a non-money judgment the terms of the judgment. The costs of and incidental to registration and particulars of any enforcement or proceedings in respect of the registered judgment are also noted.

Rule 5

Amends the Numerical Table of Forms to insert Form 47A - Certificate of Judgment after item 47 and to insert Forms 132 - 136 inclusive being the Forms for orders for registration and notices of registration.

Rule 6

Provides the Forms