Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT RULES (AMENDMENT) 1997 NO. 277

Statutory Rules 1997 No. 277

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 forty-seven (47) 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. Under sub-section 59(4) of the Federal Court Act 1976, sections 49, 48A, 48B, 49 and 50 of the Acts Interpretations 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 am reviewed regularly.

Rule 1

The Federal Court Rules are amended as set out in these Rules. The Rules commenced on notification in the Government Gazette.

Rule 2

This amendment to Order 9 rule 3 specifies that a Notice of Appearance must be in accordance with Form 15. This has been the case since Order 9 rule 3 was made and the amendment removes any ambiguity.

Rule 3

This rule deletes the words "notice of motion" in Order 15A rule 9 and substitutes the word "application". This corrects an error in the rule.

Rule 4

This rule amends Order 35 rule 8 which prescribes the rate of interest payable on a judgment debt. The rate, of interest is reduced from 12% per annum to 10.5% per annum.

Rule 5

This amendment to Order 72 rule 1 deletes a reference to matters being referred to mediation or arbitration "With the consent of the parties". The amendment follows the amendment of section 53A of the Federal Court of Australia Act by the Law and Justice Legislation Amendment Act 1997. Matters, may now be referred to mediation or arbitration by a Judge without the Court first obtaining the consent of the parties.

Rule 6

This amendment to Order 72 rule 5 deletes sub-rule (3) and substitutes a new sub-rule allowing the Court to order that a mediation continue in a particular way upon the appointment of a new mediator.

Rule 7

This amendment to Order 72 ride 8 omits sub-rules (2) and (3) and are also consequential upon the amendment of section 53A of the Federal Court of Australia Act by the Law and Justice Legislation Amendment Act 1997.

Rule 8

This rule omits Order 72 rule 10.

Rule 9

This amendment to Order 77 rule 18 deletes sub-rule (2) and inserts new sub-rules (2) and (3). The new sub-rule (2) provides that the affidavit in support of a creditor's petition founded on a failure to comply with a Bankruptcy Notice or to set up a counter claim must be accompanied by an affidavit of service of the relevant bankruptcy notice. Sub-rule (3) requires that if an application mentioned in paragraph 18(1)(a) or (b) has been made, the affidavit must also be accompanied by a copy of the order finally deciding that application. This is a reference to applications for an order setting aside the bankruptcy notice or an order extending the time to comply with the bankruptcy notice

Rule 10

Form 15 - This amendment substitutes a reference to Order 9 sub-rule 3(1) for the reference to Order 9 rule 4 in the Notice of Appearance.

Form 141 -This amendment substitutes a new note in Form 141 being the Notice of Appeal from the National Native Title Tribunal.

Form 151 - This amendment omits the words "The Court of the Registrar" and substitutes "The Court or the Registrar" in Form 151, being a summons to attend a bankruptcy examination. This corrects an error in the Form.