Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FEDERAL COURT RULES (AMENDMENT) 1994 NO. 463

Statutory Rules 1994 No. 463

AMENDMENT TO 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 forty-two (42), including the Chief Justice) or a majority of them, to make Rules of Court not inconsistent with the Act, providing for the practice and procedure to be followed in the Court and, in Registries of the Court and in relation to all matters incidental to any such practice or procedure. Under sub-section 59(4) of the Moral Court Act, sections 48, 48A, 48B, 49 and 50 of the Act 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

This rule provides the date of commencement of these amending rules.

Rule 2

This rule states that the Federal Court Rules are amended as set out in the following rules.

Rule 3

Order 47 Rule 11 - Marshal (Admiralty Act 1988)

Sub-rule 4 (3) of the rules under the Admiralty Act 1988 provides that the powers of a Marshal under those rules may be performed by a person authorised by the Court or the Rules of Court. The powers of a Marshal are currently exercised by the Sheriff and Deputy Sheriffs of the Federal Court of Australia under an authorisation of the Court. Order 47 rule 11 establishes clearly that any Sheriff or Deputy Sheriffs appointed under the Federal Court Act may act as a Marshal for the purposes of the rules under the Admiralty Act.

Rule 4

Order 52B Rule 4 - Commencement of Appeals

This rule amends Order 52B rule 4 which deals with the commencement of appeals against Appealable Objection Decisions made under the Taxation Administration Act 1953. The amendment confirms that these appeals are in the original jurisdiction of the Court and are commenced by filing an application using Form 55D.

Rule 5

Order 52B Rule 5 - Documents to be filed and served by the Commissioner - matters other than private rulings

This rule omits specific reference to filing and serving of a Notice of Appearance in matters under Order 52B. It is intended that the usual provisions regarding "appearances" in Order 9 of the Federal Court Rules will apply.

Rule 6

Order 52B Rule 6 - Notice of setting down for hearing

This rule deals with the procedure for the notification of a hearing of appeals under Order 52B. The amendments clarify the wording.

Rule 7

New Order 52C - Appeals against departure prohibition orders under the Taxation Administration Act 1953

This rule inserts new Order 52C which provides a procedure for appeals against departure prohibition orders issued by the Commissioner of Taxation under Part IVA of the Taxation Administration Act 1953.

Order 52C Rule 1 - Interpretation

This rule provides definitions for the purposes of this Order and states that expressions used have the same meaning as those in Part IVA of the Taxation Administration Act.

Order 52C Rule 2 - Application of Order 52A

This rule applies a number of rules applicable to Taxation Appeals under Order 52A of the Federal Court Rules to matters under Order 52C.

Order 52C Rule 3 - Commencement of Appeals

This rule prescribes the procedure and form for filing and serving of an appeal against departure prohibition orders. It also specifies that the first directions date must generally be within 21 days after the fling of the application.

Order 52C Rule 4 - Documents to be filed and served by the Commissioner

This rule provides that the Commissioner of Taxation must file all documents relied upon or relevant to the departure prohibition order. A at of these documents must then be served on the applicant within the prescribed time.

Order 52C Rule 5 - Notice of setting dawn for hearing

This rule requires that the Registrar advise the applicant of the hearing date and the applicant must then file and serve on the respondent a notice of setting down for hearing (Form 55E).

Rule 8

Order 58 Rule 1 - Definitions

This rule amends the definitions in Order 58 - "Intellectual Property" by replacing the reference to the Plant Variety Rights Act 1987 with the new Plant Breeder's Rights Act 1994.

Rule 9

Order 58 Division 6 - Heading

This rule changes the heading of Order 58, Division 6 to refer to the new Plant Breeder's Rights Act.

Rule 10

Order 58 Ride 27 - Plant Breeder's Rights Act

This rule replaces rule 27 of Order 58 to accommodate procedures under the new Plant Breeder's Rights Act 1994. It removes reference to the Plant Variety Rights Act 1987 and incorporates the relevant sections of the new act.

Rule 11

Order 72 Rule 11 - Sunset Clause

Order 72 deals with mediation and arbitration. The sunset clause in this Order is now repealed. The rules will continue to be reviewed regularly and amending rules made when necessary.

Rule 12

First Schedule - Forms

This rule inserts a new Form 55DA which is a form of application to be filed in conjunction with Order 52C - "Appeals against Departure Prohibition Orders under the Taxation Administration Act 1953".

This rule also inserts additional paragraphs in Forms 66, 68 and 69 being the forms of subpoena used in the matters under the Trade Practices (Misuse of Trans-Tasman Market Power) Act 1990. This conforms with amendments recently made to other forms of subpoena under the Federal Court Rules. A recipient of a subpoena is informed that allowances and travelling expenses must be provided and that a recipient may also apply to the Court for an order for reimbursement of substantial loss or expense incurred in complying with a subpoena.