FEDERAL CIRCUIT COURT RULES 2001
- made under the Federal Circuit Court of Australia Act 1999
Table of Provisions
CHAPTER 1--All proceedings
PART 1--INTRODUCTION
- 1.01 Name of Rules
- 1.02A Authority
- 1.03 Objects
- 1.04 Dictionary
- 1.05 Application
- 1.06 Court may dispense with rules
1.07. Applications for orders about procedures
PART 2--DOCUMENTS
Division 2.1--General
- 2.01 Requirements for documents
- 2.02 Document must have distinctive number
- 2.03 Document to be signed
- 2.04 Forms
Division 2.2--Filing documents
- 2.05 How documents may be filed
- 2.06 Registrar may refuse to accept document
- 2.07 Filing by fax
- 2.07A Filing by electronic communication
- 2.07B Other requirements for filing by electronic communication
Division 2.3--Custody and inspection of documents
- 2.08 Searching records in family law proceedings or child support proceedings
- 2.08A Custody of documents in general federal law proceedings
- 2.08B Inspection of documents in general federal law proceedings
Division 2.4--Seal and stamp of Court
- 2.09 Use of seal of Court
- 2.10 Stamp of Court
- 2.11 Methods of attaching the seal or stamp
PART 3--SITTINGS, REGISTRY HOURS AND TIME
Division 3.1--Sittings, holidays and registry hours
Division 3.2--Time
- 3.03 Meaning of month
- 3.04 Calculating time
- 3.05 Extension or shortening of time fixed
PART 4--STARTING PROCEEDINGS
Division 4.1--General rules about starting proceedings
- 4.01 Application
- 4.02 Content of application
- 4.03 Response to application
- 4.05 Affidavit to be filed with application or response
- 4.07 Reply in certain circumstances
- 4.08 Application in a case
Division 4.2--Rules for proceedings if Civil Dispute Resolution Act applies
- 4.09 Applicant's genuine steps statement
- 4.10 Respondent's genuine steps statement
PART 5--URGENT APPLICATIONS
- 5.01 Urgent application
- 5.02 Form of application
- 5.03 Evidence
PART 6--SERVICE
Division 6.1--General
- 6.01 Address for service
- 6.02 Change of address for service
- 6.03 Service of documents
- 6.04 Court's discretion in relation to service
- 6.05 Affidavit of service
Division 6.2--Service by hand in particular cases
- 6.06 When is service by hand required
- 6.07 Service by hand
- 6.08 Service by hand on a corporation, unincorporated association or organisation
- 6.09 Service of application on unregistered business
- 6.10 Service of application on partnership
Division 6.3--Ordinary service
- 6.11 Service other than by hand
- 6.12 When service is effected
- 6.13 Special requirements for service by fax
Division 6.4--Substituted service and dispensing with service
- 6.14 Substituted service
- 6.15 Matters to be taken into account
- 6.16 Failure to comply with condition
Division 6.5--Time for service
- 6.17 General time limit
- 6.18 Time for service of subpoena
- 6.19 Time for service of applications
PART 7--AMENDMENT
Division 7.1--General
- 7.01 Power to amend
- 7.02 Who may be required to make amendment
Division 7.2--General federal law proceedings
- 7.03 Amendment after limitation period
PART 8--TRANSFER OF PROCEEDINGS
- 8.01 Change of venue
- 8.02 Transfer to Federal Court or Family Court
- 8.03 Proceeding transferred to Federal Court or Family Court
- 8.04 Proceeding transferred from Federal Court or Family Court
- 8.05 Proceeding transferred from Federal Court or Family Court
PART 9--LAWYERS
- 9.01 Change between acting in person and by lawyer
- 9.02 Change of lawyer
- 9.03 Withdrawal as lawyer
- 9.04 Corporation must be represented
PART 10--HOW TO CONDUCT PROCEEDINGS
Division 10.1--First court date
- 10.01 Directions and orders
- 10.02 Adjournment of first court date
- 10.03 Fixing date for final hearing
Division 10.2--Dispute Resolution
- 10.04 Agreement reached by dispute resolution
- 10.05 Conciliation conference
Division 10.3--Notice of constitutional matter
- 10.06 Party to file notice of constitutional matter
PART 11--PARTIES AND LITIGATION GUARDIANS
Division 11.1--Parties
- 11.01 Necessary parties
- 11.02 Party may include another person as a party
- 11.03 Person may apply to be included
- 11.04 Party may apply to be removed
- 11.05 Court may order notice to be given
- 11.06 Intervention by Attorney-General
- 11.07 Child to whom state welfare law applies
Division 11.2--Litigation guardian
- 11.08 Person who needs a litigation guardian
- 11.09 Starting, continuing, defending or inclusion in proceeding
- 11.10 Who may be a litigation guardian
- 11.11 Appointment of litigation guardian
- 11.12 Manager of the affairs of a party
- 11.13 Notice of becoming litigation guardian
- 11.14 Costs and expenses of litigation guardian
- 11.15 Service
PART 12--COURT REFERRAL FOR LEGAL ASSISTANCE
- 12.01 Definitions for Part 12
- 12.02 Referral for legal assistance
- 12.03 A party has no right to apply for a referral
- 12.04 Acceptance of referral certificate and provision of legal assistance
- 12.05 Ceasing to provide legal assistance
PART 13--ENDING A PROCEEDING EARLY
Division 13.1--Discontinuance
Division 13.1A--Order or judgment on default
Division 13.2--Consent orders
- 13.04 Application for order by consent
- 13.04A Consent parenting orders and allegations of abuse, family violence or other risk factors
- 13.05 Additional information
Division 13.3--Summary disposal and stay
- 13.07 Disposal by summary judgment
- 13.08 Residue of proceeding
- 13.09 Application
- 13.10 Disposal by summary dismissal
- 13.11 Certificate of vexatious proceedings order
- 13.11A Application for leave to institute proceedings
- 13.12 Dormant proceedings
PART 14--DISCLOSURE
Division 14.1--Answers to specific questions
- 14.01 Declaration to allow specific questions
Division 14.2--Obligation to disclose
- 14.02 Declaration to allow discovery
- 14.03 Affidavit of documents
- 14.04 Production of documents to Court
- 14.05 Claim for privilege
- 14.06 Order for particular disclosure
- 14.07 Inspection of documents
- 14.08 Copies of documents inspected
- 14.09 Documents not disclosed or produced
- 14.10 Documents referred to in document or affidavit
- 14.11 Use of documents
PART 15--EVIDENCE
Division 15.1--General
- 15.01 Court may give directions
- 15.02 Evidence if there is an independent children's lawyer
- 15.03 Decisions without oral hearing
- 15.04 Court may call evidence
- 15.06 Transcript receivable in evidence
Division 15.2--Expert evidence
- 15.06A Definition
- 15.07 Duty to Court and form of expert evidence
- 15.08 Expert evidence for 2 or more parties
- 15.09 Court expert
- 15.10 Report of court expert
- 15.11 Remuneration and expenses of court expert
- 15.12 Further expert evidence
Division 15.4--Affidavits
- 15.25 Form of affidavit
- 15.26 Making an affidavit
- 15.27 Affidavit of illiterate or vision impaired person etc
- 15.28 Documents annexed or exhibited
- 15.29 Objectionable material may be struck out
- 15.29A Use of affidavit without cross-examination of maker
Division 15.5--Admissions
- 15.30 Admission
- 15.31 Notice to admit facts or documents
PART 15A--SUBPOENAS AND NOTICES TO PRODUCE
Division 15A.1--General
- 15A.01 Definitions for Part 15A
- 15A.02 Issue of subpoena
- 15A.03 Documents and things in possession of another court
- 15A.04 Time limits
- 15A.05 Limit on number of subpoenas
- 15A.06 Service
- 15A.07 Conduct money
- 15A.08 Undertaking not to require compliance with subpoena
- 15A.09 Setting aside subpoena
- 15A.10 Order for cost of complying with subpoena
- 15A.11 Cost of complying with subpoena if not a party
Division 15A.2--Production of documents and access by parties
- 15A.12 Application of Division 15A.2
- 15A.13 Right to inspection of document
- 15A.14 Objection to production or inspection or copying of document
- 15A.15 Subpoena for production of documents or things
- 15A.16 Failure to comply with subpoena
Division 15A.3--Notices to produce
PART 16--JUDGMENTS AND ORDERS
- 16.01 Court may make any judgment or order
- 16.02 Date of effect
- 16.03 Time for compliance
- 16.04 Fines
- 16.05 Setting aside or varying judgments or orders
- 16.06 Undertakings
- 16.07 When must an order be entered
- 16.08 Entry of orders
PART 17--SEPARATE DECISION ON QUESTION
PART 18--REFERRAL OF MATTER TO OFFICER OF COURT
- 18.01 Court may refer matter
PART 19--CONTEMPT
- 19.01 Contempt in the face or hearing of Court
- 19.02 Contempt other than in the face or hearing of Court
PART 20--REGISTRARS' POWERS
Division 20.1--Delegation of powers to Registrars
- 20.00A Delegation of powers to Registrars
Division 20.2--Review of exercise of Registrars' powers
- 20.01 Time for application for review
- 20.02 Application for review
- 20.03 Procedure for review
PART 21--COSTS
Division 21.1--Security for costs
Division 21.2--Orders for costs
- 21.02 Order for costs
- 21.03 Determination of maximum costs
- 21.04 Costs reserved
- 21.05 Costs if proceedings transferred
- 21.07 Order for costs against lawyer
- 21.08 Interest on outstanding costs
Division 21.3--Costs and disbursements
- 21.09 Application
- 21.10 Costs and disbursements
- 21.11 Taxation of costs
- 21.12 Expenses for attendance by witness
- 21.13 Expenses for preparation of report by expert
- 21.14 Solicitor as advocate
- 21.15 Advocacy certificate
- 21.16 Counsel as advocate
CHAPTER 2--Family law and child support proceedings
PART 22--GENERAL
PART 22A--NOTICE OF CHILD ABUSE, FAMILY VIOLENCE OR RISK ETC.
Division 1--Notice of Child Abuse, Family Violence or Risk
- 22A.01 Definitions
- 22A.02 Notice of Child Abuse, Family Violence or Risk must be filed with application for parenting order
- 22A.03 Notice of Child Abuse, Family Violence or Risk filed by interested person
- 22A.04 Amendment of Notice of Child Abuse, Family Violence or Risk
- 22A.05 Proceedings transferred from another court
- 22A.06 Content of Notice of Child Abuse, Family Violence or Risk
- 22A.07 Notice of Child Abuse, Family Violence or Risk for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act
Division 2--Family violence orders
PART 23--FAMILY COUNSELLING AND FAMILY DISPUTE RESOLUTION
Division 23.1--Family counselling, family dispute resolution and family reports
- 23.01A Family reports
- 23.01 Report after family counselling or family dispute resolution
Division 23.2--Family dispute resolution
- 23.02 Referral for family dispute resolution
PART 24--FINANCIAL MATTERS
- 24.01 Application of Part
- 24.01A Interpretation
- 24.02 Financial statement
- 24.03 Full and frank disclosure
- 24.04 Production of documents (proceeding other than for maintenance only)
- 24.05 Production of documents (proceedings for maintenance only)
- 24.06 Amendment of financial statement
- 24.07 Service of application or order for superannuation interest
PART 25--DIVORCE
Division 25.1--Application
- 25.01 Application for divorce order
- 25.02 Service of application
- 25.03 Additional requirements for service by post
- 25.04 Acknowledgment of service
- 25.05 Affidavit of service
- 25.06 Evidence of service
- 25.07 Evidence of signature and identity of person served
Division 25.2--Response
Division 25.3--Attendance at hearing
- 25.11 Attendance at hearing by electronic communication
- 25.12 Failure to attend hearing
Division 25.4--Hearing in absence of parties
- 25.13 Seeking a hearing in absence of parties
- 25.14 Hearing in absence of parties--joint application
- 25.15 Request not to hear case in parties' absence
Division 25.5--Events affecting divorce order
- 25.16 Application for rescission of divorce order
- 25.17 Discontinuance of application
- 25.18 Death of party
PART 25A--CHILD SUPPORT AND CHILD MAINTENANCE
- 25A.01 Application of Part 25A
- 25A.02 Commencing proceedings
- 25A.03 Documents to be filed with applications
- 25A.04 Child support agreements
- 25A.05 Appeals from the Tribunal or Child Support Registrar
- 25A.06 Time limits
- 25A.07 Service of application or notice of appeal
- 25A.08 Evidence to be provided
PART 25B--ENFORCEMENT
Division 25B.1--Applications for contravention of orders
- 25B.01 Application of Division 25B.1
- 25B.02 How to apply for an order
- 25B.03 Failure of respondent to attend
- 25B.04 Procedure at hearing
Division 25B.2--Enforcement of financial orders and obligations
Subdivision 25B.2.1--General
- 25B.05 Application
- 25B.06 Interpretation
- 25B.07 Enforceable obligations
- 25B.08 When an agreement may be enforced
- 25B.09 When a child support liability may be enforced
- 25B.10 Who may enforce an obligation
- 25B.11 Enforcing an obligation to pay money
- 25B.12 Affidavit to be filed for enforcement order
- 25B.13 General enforcement powers of Court
- 25B.14 Enforcement order
- 25B.15 Discharging, suspending or varying enforcement order
Subdivision 25B.2.2--Information for aiding enforcement
- 25B.16 Processes for obtaining financial information
- 25B.17 Enforcement hearing
- 25B.18 Obligations of payer
- 25B.19 Subpoena of witness
- 25B.20 Failure concerning financial statement or enforcement hearing
Subdivision 25B.2.3--Enforcement warrants
- 25B.21 Definitions
- 25B.22 Request for Enforcement Warrant
- 25B.23 Period during which Enforcement Warrant is in force
- 25B.24 Enforcement officer's responsibilities
- 25B.25 Directions for enforcement
- 25B.26 Effect of Enforcement Warrant
- 25B.27 Advertising before sale
- 25B.28 Sale of property at reasonable price
- 25B.29 Conditions of sale of property
- 25B.30 Result of sale of property under Enforcement Warrant
- 25B.31 Payee's responsibilities
- 25B.32 Orders for real property
- 25B.33 Notice of claim
- 25B.34 Payee to admit or dispute claim
- 25B.35 Admitting claim
- 25B.36 Denial or no response to claim
- 25B.37 Hearing of application
Subdivision 25B.2.4--Third Party Debt Notice
- 25B.38 Application of Subdivision 25B.2.4
- 25B.39 Money deposited in a financial institution
- 25B.40 Request for Third Party Debt Notice
- 25B.41 Service of Third Party Debt Notice
- 25B.42 Effect of Third Party Debt Notice--general
- 25B.43 Employer's obligations
- 25B.44 Duration of Third Party Debt Notice
- 25B.45 Response to Third Party Debt Notice
- 25B.46 Discharge of Third Party Debt Notice
- 25B.47 Claim by affected person
- 25B.48 Cessation of employment
- 25B.49 Compliance with Third Party Debt Notice
Subdivision 25B.2.5--Sequestration of property
- 25B.50 Application for sequestration of property
- 25B.51 Order for sequestration
- 25B.52 Order relating to sequestration
- 25B.53 Procedural orders for sequestration
Subdivision 25B.2.6--Receivership
- 25B.54 Application for appointment of receiver
- 25B.55 Appointment and powers of receiver
- 25B.56 Security
- 25B.57 Accounts
- 25B.58 Objection to accounts
- 25B.59 Removal of receiver
- 25B.60 Compliance with orders and Rules
Subdivision 25B.2.7--Enforcement of obligations other than an obligation to pay money
- 25B.61 Application for other enforcement orders
- 25B.62 Warrant for possession of real property
- 25B.63 Warrant for delivery
- 25B.64 Warrant for seizure and detention of property
Subdivision 25B.2.8--Other provisions about enforcement
- 25B.65 Service of order
- 25B.66 Certificate for payments under maintenance order
- 25B.67 Enforcement by or against a non-party
- 25B.68 Powers of enforcement officer
Division 25B.3--Location and recovery orders
- 25B.69 Application of Division 25B.3
- 25B.70 Application for order under Division 25B.3
- 25B.71 Service of recovery order
- 25B.72 Application for directions for execution of recovery order
Division 25B.4--Warrants for arrest
- 25B.73 Application for warrant
- 25B.74 Execution of warrant
- 25B.75 Duration of warrant
- 25B.76 Procedure after arrest
- 25B.77 Application for release or setting aside warrant
CHAPTER 3--Proceedings other than family law or child support
PART 26--GENERAL
PART 27--DISPUTE RESOLUTION
Division 27.1--General
- 27.01 Proceeding referred to mediator or arbitrator
- 27.02 Adjournment of proceeding
- 27.03 Court may end mediation or arbitration
Division 27.2--Mediation
- 27.04 Nomination of mediator
- 27.05 Mediation conference
- 27.06 Mediator may end mediation
Division 27.3--Arbitration
- 27.07 Appointment of arbitrator
PART 28--CROSS-CLAIMS
- 28.01 Cross-claim against applicant
- 28.02 Cross-claim after application
- 28.03 Cross-claim against additional party
- 28.04 Cross-claim to be included in response
- 28.05 Response to cross-claim
- 28.06 Conduct of cross-claim
- 28.07 Exclusion of cross-claim
- 28.08 Cross-claim after judgment etc
- 28.09 Judgment for balance
- 28.10 Stay of claim
- 28.11 Cross-claim for contribution or indemnity
- 28.12 Offer of contribution
PART 29--ENFORCEMENT
- 29.01 Definition for Part 29
- 29.02 Application without notice for directions
- 29.03 Condition precedent not fulfilled
- 29.04 Application for stay of judgment or order
- 29.05 Failure to comply with Court order
- 29.06 Failure to attend Court in response to subpoena or order
- 29.07 Endorsement on order
- 29.08 Service of order
- 29.09 Application where person fails to comply with order
- 29.10 Substituted performance
- 29.11 Execution generally
- 29.12 Stay of execution
CHAPTER 5--Human rights proceedings
PART 41--PROCEEDINGS ALLEGING UNLAWFUL DISCRIMINATION
- 41.01 Application of Chapter
- 41.02 Interpretation
- 41.02A Form of application
- 41.03 Copy of application to be given to Commission
- 41.04 Form of response to application
- 41.05 Appearance by special-purpose Commissioner
CHAPTER 6--Judicial review proceedings and administrative appeals
PART 42--JUDICIAL REVIEW
- 42.01 Application of Part
- 42.02 Application for order of review
- 42.03 Application for extension of time
- 42.04 Documents to be filed and served
- 42.05 Service
- 42.06 Notice of objection to competency
PART 43--ADMINISTRATIVE APPEALS TRIBUNAL
Division 44.1--Preliminary
Division 44.2--Matters commenced in the Court
- 44.04 Application of Division 44.2
- 44.05 Application for order to show cause
Division 44.3--Matters remitted by the High Court
- 44.07 Application of Division 44.3
- 44.08 Filing of order of remittal
- 44.09 Service of notice and order
Division 44.4--General
CHAPTER 7--Fair Work Division
PART 45--PROCEEDINGS IN THE FAIR WORK DIVISION
Division 45.1--General
Division 45.2--Unlawful termination of employment (Workplace Relations Act)
- 45.04 Application in relation to alleged unlawful termination of employment (Workplace Relations Act)
- 45.05 Application in relation to other alleged contraventions of the Workplace Relations Act
Division 45.3--Contraventions of the Fair Work Act
- 45.06 Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, s 539(2), table, item 11)
- 45.07 Application in relation to alleged unlawful termination of employment (Fair Work Act, s 539(2), table, item 35)
- 45.08 Application in relation to other alleged contraventions of Fair Work Act general protections
- 45.09 Application in relation to other alleged contraventions of the Fair Work Act
Division 45.3A--Contraventions of the Registered Organisations Act
- 45.09A Application in relation to taking a reprisal (Registered Organisations Act, s 337BB)
Division 45.4--Small claims
- 45.10 Definitions for Division 45.4
- 45.11 Small claims procedure
- 45.12 Starting proceedings
- 45.13 Lawyers--Fair Work Act small claims proceeding
- 45.13A Representation for corporations--Fair Work Act small claims proceeding
Division 45.4A--Dispute resolution
- 45.13B Mediation--Fair Work Act and Registered Organisations Act proceedings
Division 45.5--Proceedings under the Building and Construction Industry Act
- 45.14 Applications for orders etc. under the Building and Construction Industry Act
CHAPTER 8--Proceedings under National Consumer Credit Protection Act
PART 46--SMALL CLAIMS APPLICATION UNDER NATIONAL CONSUMER CREDIT PROTECTION ACT
CHAPTER 9--Transitional provisions
PART 47--TRANSITIONAL PROVISIONS RELATING TO THE FEDERAL CIRCUIT COURT AMENDMENT (NOTICE OF CHILD ABUSE, FAMILY VIOLENCE OR RISK) RULES 2020
- 47.01 Definitions
- 47.02 Application of amendments of rule 22A.02
- 47.03 Application of amendments of rule 22A.03
- 47.04 Application of amendments of rule 22A.04
- 47.05 Application of amendments of rule 22A.05
- 47.06 Application of amendments of rule 22A.07
PART 48--TRANSITIONAL PROVISIONS RELATING TO THE FEDERAL CIRCUIT COURT AMENDMENT (POWERS DELEGATED TO REGISTRARS) RULES 2020
- 48.01 Application--powers delegated to Registrars