Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT RULES (AMENDMENT) 1992 NO. 86

Statutory Rules 1992 No. 86

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-two (32) 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.

The present Federal court Rules came into operation on 1 August 1979. They have been reviewed regularly since then. These amendments are necessary to implement the recommendation in the Ninth Report: Federal Costs Advisory Committee the scale of that costs be increased by 2.92%. This increase was approved by Judges of the Court on 27 March 1992.

Rule 1

Provides a commencement date of 13 April 1991.

Rule 2

Provides for the amendment of the Rules as set out.

Rule 3

Omits the Second Schedule (Costs allowable in respect of work done and service performed) and substitutes a new Second Schedule which increases the amounts in column 3 by 2.92%.