Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT RULES (AMENDMENT) 1993 NO. 290

EXPLANATORY STATEMENT

Statutory Rules 1993 No. 290

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-four (34) 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. The following changes concern the interest rate in judgments and other minor amendments.

Rule 1

This rule provides for a commencement date of 17 November 1993 for these rules, except for rule 4 which has a commencement date of 1 January 1994.

Rule 2

Provides for the rules to be amended as set out.

Rule 3

Inserts a new paragraph (j) in subrule 1(2) of Order 10 which provides for the opinion of a person involving a subject in which the person has specialist qualifications to be received by the Court by way of submission in any manner the Court thinks fit at a directions hearing.

Rule 4

The interest rate of judgment debts in Order 35 rule 8 Is decreased from 12% to 10%.

Rule 5

The sunset provision in Order 72 rule 11 has been extended to 1995. That is Order 72, Mediation and Arbitration, has been extended from 1 January 1994 to 1 January 1995.


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