Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE FEDERAL COURT OF AUSTRALIA 1997 NO. 82

Statutory Rules 1997 No. 82

AMENDMENT TO THE RULES OF THE FEDERAL COURT OF AUSTRALIA

The Judges of the Court (of whom there are forty-eight (48), including the Chief Justice) or a majority of them, make Rules of Court providing for the practice and procedure to be followed in the Court and in the Registries of the Court. By subsection 59(4) of the Federal Court of Australia Act 1976, Rules of Court made under the section are subject to sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 which relate to the making of regulations, 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 - Amendment

This rule provides for the amendment of the Federal Court Rides as set out in these rules. The Rules will commence on gazettal.

Rule 2 - Court holiday

This rule deletes Order 2 rule 3 which provided that the day after Easter Monday be a holiday to be observed by the Court and the Registry.

Rule 3 - Registry hours

This rule amends Order 3 rule 6(1) and 6(2) to include Easter Monday as a day on which the Registry is closed. The combined effect of Rides 2 and 3 is that Easter Monday is no longer a Court holiday but is a day on which the Registry is closed.

Rule 4 - Affidavits

This rule amends Order 14 ride 2 to provide clearer identification of the deponent of an affidavit, the date of wearing of an affidavits the pagination of affidavits and annexes or exhibits to affidavits.

Rule 5 - Evidence

This rule amends Order 33 to add rules 16, 17, 18 and 19.

Sections 67, 97 and 98 of the Evidence Act 1995 require a party to give notice when the party intends to adduce hearsay evidence in reliance m Division 2 in Part 3.2 of that Act (s 67), notice of an intention to adduce evidence relating to the "tendency rule" (s 97) and. notice of an intention to adduce evidence relating to the "co-incidence rule" (s 98). Sub-section 67 (2) provides for the giving of the notice under s 67 in accordance with any regulations or rules of court made for the purpose of the section. Similarly s 99 provides for the giving of notice under ss 97 and 98 'm accordance with any regulations or rules of court made for the purposes of the section. The amendments are made for the purposes of ss 67, 97 and 98 and prescribe the form of the giving of notice under the sections.

Rule 6 - Inspection of documents

This rule amends Order 46 rule 6 by deleting rule 6 and substituting a new rude. The rule provides for the searching of documents in proceedings in the Court by persons, subject to any order to the contrary made by a judge.

Rule 7 - Appeals from Immigration Review Tribunal

This rule omits Order 53A. Appeals from the Immigration Review Tribunal are no longer provided for in the Migration Act 1958, They were replaced by a system of "judicially reviewable decisions" on 1 September 1994, the procedure for which is dealt with in Order 54B of the Rules of Court.

Rule 8 - Corporations Rules

This rule omits Order 71 rule 17 of the Corporations Rules. The rule applied to applications to the Court under section 206LD of the Corporations Law. The section was repealed by the First Corporate Law Simplification Act 1995 and the rule is now unnecessary.

Rule 9. First Schedule - Forms

Form 55F

This form provided the notice of appeal for appeals under Order 53A and that Order has been omitted.

Form 128

This form is the affidavit of prescribed information for the purposes of the Corporations Rules. The reference to rule 17(2) is no longer required as Order 71 rule 17 has been omitted.

Form 144

This form provides for the giving of notice of intention to adduce evidence of previous representation under Order 33 rule 16.

Form 145

This form provides for the giving of notice of an objection to tender of hearsay evidence if the maker of the representation is available under Order 33 rule 17.

Form 146

This form provides for the giving of notice of intention to adduce tendency evidence under Order 3 rule 18.

Form 147

This form provides for the giving of notice of intention to adduce coincidence evidence under Order 33 rule 19.