Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT RULES (AMENDMENT) 1995 NO. 31

Statutory Rules 1995 No. 31

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, or necessary or convenient to be prescribed for the conduct of any business of the Court. The present Federal Court Rules came, into operation on 1 August 1979. They are reviewed regularly.

Rule 1       Commencement

This rule provides that these amending rules commence on 28 February 1995.

Rule 2        Amendment

This rule provides that the Federal Court Rules are amended by these rules.

Rule 3        Order 75 Rule 21

This rule provides that the operation of the Native Title Rules be extended a further 12 months from 1 March 1995 until 1 March 1996. It is intended that after further operation and consultation, the rules will be amended as necessary and, before 1 March 1996, these rules will again be examined in detail for procedural improvements.

Rule 4        First Schedule - Form 137

When a claim is referred to the Court by the National Native Title Tribunal under s.74 of the Native Title Act 1993. the Court provides notification to all parties of the referral and the date of the first directions hearing. Form 137 prescribes the form for this notification and Includes an acknowledgment of receipt and intended appearance. The parties currently provide this acknowledgment to the District Registrar of the Court and to all other parties. This amendment removes the requirement for a party to give the acknowledgment to all other parties as this has been difficult if many parties are involved.