• Specific Year
    Any

FEDERAL COURT RULES 2011

- made under the Federal Court of Australia Act 1976

Table of Provisions

CHAPTER 1--Introductory provisions

PART 1--PRELIMINARY

Division 1.1--Scope

Division 1.2--Application about procedures

  • 1.21 Application for orders about procedures

Division 1.3--General powers of the Court

  • 1.31 Orders to have regard to nature and complexity of proceeding
  • 1.32 Court may make any order it considers appropriate in the interests of justice
  • 1.33 Orders may be subject to conditions
  • 1.34 Dispensing with compliance with Rules
  • 1.35. Orders inconsistent with Rules 1.36. Orders other than in open court
  • 1.37 Directions to Registrars
  • 1.38 Fixing of time by Court
  • 1.39 Extension and shortening of time
  • 1.40 Exercise of Court's power
  • 1.41 Other orders that may be made
  • 1.42 Orders may include consequences of non - compliance

Division 1.4--Interpretation

Division 1.5--Time

  • 1.61 Calculation of time

PART 2--REGISTRY--AND DOCUMENTS

Division 2.1--Registry

  • 2.01 Use of seal and stamps of Court
  • 2.02 Transfer of proceeding to another place

Division 2.2--Documents

  • 2.11 General provisions about documents
  • 2.12 Compliance with approved forms
  • 2.13 Titles of documents
  • 2.14 Subsequent documents to be endorsed with Court number
  • 2.15 Signature
  • 2.16 Details at foot of each document

Division 2.3--Lodging and filing documents

  • 2.21 How documents may be lodged with the Court
  • 2.22 Faxing a document
  • 2.23 Sending a document by electronic communication
  • 2.24 Documents sent by electronic communication
  • 2.25 When is a document filed
  • 2.26 Refusal to accept document for filing--abuse of process or frivolous or vexatious documents
  • 2.27 When documents will not be accepted in a Registry
  • 2.28 Documents accepted for filing--removal from Court file and storage
  • 2.29 Documents on a Court file--removal, redaction and storage

Division 2.4--Custody and inspection of documents

  • 2.31 Custody of documents
  • 2.32 Inspection of documents

Division 2.5--Administration of money paid into Court and payment out

  • 2.41 Establishment of Litigants' Fund
  • 2.42 Dealing with money paid into Court
  • 2.43 Payment out of Litigants' Fund

PART 3--REGISTRARS

Division 3.1--Powers of Registrars

  • 3.01 Powers of the Court that may be exercised by a Registrar
  • 3.02 Authority to administer oaths and affirmations
  • 3.03 Orders other than in open court
  • 3.04 Application for orders in relation to Registrars
  • 3.05 Application to a Registrar for an application to be determined by the Court

Division 3.2--Reviewing a Registrar's exercise of power

  • 3.11 Application for review of a Registrar's exercise of power

PART 4--LAWYERS

Division 4.1--General

  • 4.01 Proceeding by lawyer or in person
  • 4.02 Power to act by lawyer
  • 4.03 Appointment of a lawyer--notice of acting
  • 4.04 Termination of retainer by party
  • 4.05 Termination of retainer by lawyer

Division 4.2--Court referral for legal assistance

PART 5--COURT--SUPERVISION OF PROCEEDINGS

Division 5.1--Return date and directions

  • 5.01 Parties to attend Court on return date
  • 5.02 Parties to file notice of address for service before return date
  • 5.03 Respondent's genuine steps statement
  • 5.04 Making directions
  • 5.05 Adjournment of directions hearing
  • 5.06 Application for directions--cross - claims
  • 5.07 Interlocutory orders
  • 5.08 Hearing and determination of matter at directions hearing

Division 5.2--Orders on default

  • 5.21 Self - executing orders
  • 5.22 When a party is in default
  • 5.23 Orders on default
  • 5.24 Contempt

PART 6--COURT--SUPERVISION OF PARTIES AND OTHER PERSONS

Division 6.1--Vexatious proceedings

  • 6.01 Scandalous, vexatious or oppressive matter
  • 6.02 Certificate of vexatious proceedings order
  • 6.03 Application for leave to institute proceedings

Division 6.2--Use of communication and recording devices in Court

CHAPTER 2--Original jurisdiction--proceedings generally

PART 7--ORDERS--BEFORE START OF A PROCEEDING

Division 7.1--Injunctions, preservation of property and receivers

  • 7.01 Order before start of proceeding

Division 7.2--Approval of agreement for person under a legal incapacity

  • 7.11 Compromise or settlement of matter before proceeding

Division 7.3--Preliminary discovery

Division 7.4--Freezing orders

Division 7.5--Search orders

PART 8--STARTING--PROCEEDINGS

Division 8.1--Originating applications

  • 8.01 Starting proceeding--application
  • 8.02 Applicant's genuine steps statement
  • 8.03 Application to state relief claimed
  • 8.04 Application starting migration litigation to include certificate
  • 8.05 Accompanying document for originating application
  • 8.06 Service of originating documents
  • 8.07 Changing return date

Division 8.2--Notice of constitutional matter

  • 8.11 Notice of constitutional matter
  • 8.12 Service of notice

Division 8.3--Amendments to an originating application

  • 8.21 Amendment generally
  • 8.22 Date on which amendment to substitute a party takes effect
  • 8.23 Procedure for making amendment
  • 8.24 Time for amending an originating application under Court order
  • 8.25 Service of amended originating application

PART 9--PARTIES--AND PROCEEDINGS

Division 9.1--Parties, interveners and causes of action

  • 9.01 Multiple causes of action
  • 9.02 Joinder in proceedings involving common questions etc.
  • 9.03 Joinder of applicants with joint entitlement
  • 9.04 Joinder of persons with common liability
  • 9.05 Joinder of parties by Court order
  • 9.06 Application for separate trials--inconvenient joinder of causes of action or parties
  • 9.07 Errors in joinder of parties
  • 9.08 Removal of parties by Court order
  • 9.09 Death, bankruptcy or transmission of interest
  • 9.10 No joinder or substitution after death of party
  • 9.11 Substitution of party
  • 9.12 Interveners

Division 9.2--Representative proceedings

  • 9.21 Representative party--general
  • 9.22 Enforcement of order for or against representative party
  • 9.23 Representative party--beneficiaries
  • 9.24 Deceased persons
  • 9.25 Conduct of proceeding by particular party

Division 9.3--Grouped proceedings under Part IVA of the Act

  • 9.31 Interpretation for Division 9.3
  • 9.32 Starting a representative proceeding
  • 9.33 Person may give consent to be a group member
  • 9.34 Opt out notices
  • 9.35 Application for order relating to the procedure to be followed in a representative proceeding

Division 9.4--Partnerships

  • 9.41 Proceeding by or against partners in partnership name
  • 9.42 Disclosure of partners' names
  • 9.43 Proceeding between members of partnerships
  • 9.44 Denial by person served as partner
  • 9.45 Defence to be in partnership name
  • 9.46 Entry of order

Division 9.5--Business name proceedings

  • 9.51 Proceeding against a person who carries on a business under a business name
  • 9.52 Proceeding against a business name
  • 9.53 Proceeding under this Division or Division 9.4
  • 9.54 Amendment of parties
  • 9.55 Variation of order
  • 9.56 Order for discovery--proceeding brought against a person in the person's business name

Division 9.6--Persons under a legal incapacity

  • 9.61 Proceeding by or against person under a legal incapacity
  • 9.62 Persons who may be a litigation representative
  • 9.63 Appointment of litigation representative by the Court
  • 9.64 Consent to be filed
  • 9.65 Removal of litigation representative by the Court
  • 9.66 Conduct of proceeding
  • 9.67 No deemed admissions
  • 9.68 Discovery and interrogatories
  • 9.69 Payment into Court
  • 9.70 Compromise or settlement of matter in proceeding
  • 9.71 Application by litigation representative for approval of agreement

PART 10--SERVICE

Division 10.1--Personal service

  • 10.01 Service on individual
  • 10.02 Service on corporation
  • 10.03 Service on unincorporated association
  • 10.04 Service on organisation
  • 10.05 Service on partnership
  • 10.06 Service in a proceeding brought against a person in the person's business name
  • 10.07 Service in a proceeding under the Patents Act 1990
  • 10.08 Service in a proceeding under the Trade Marks Act 1995
  • 10.09 Service on person under a legal incapacity
  • 10.10 Personal service on a person under a legal incapacity
  • 10.11 Deemed service of originating application
  • 10.12 Refusal to accept document served personally

Division 10.2--Service other than by personal service

  • 10.21 Identity of person served
  • 10.22 Acceptance of service by lawyer
  • 10.23 Deemed service
  • 10.24 Substituted service
  • 10.25 Service by filing
  • 10.26 Service by Court
  • 10.27 Service of interlocutory injunction
  • 10.28 Service under agreement

Division 10.3--Ordinary service

Division 10.4--Service outside Australia

  • 10.41 Division does not apply to service in New Zealand of documents in or for certain trans - Tasman proceedings
  • 10.42 When an originating application may be served outside Australia without leave
  • 10.43 When an originating application may be served outside Australia with leave
  • 10.43A Court's discretion whether to exercise jurisdiction
  • 10.43B Notice to person served outside Australia
  • 10.43C Time for filing notice of address for service
  • 10.43D Leave to proceed if notice of address for service not filed
  • 10.44 Service of other documents outside Australia
  • 10.45 Application of other rules
  • 10.46. Method of service
  • 10.47 Proof of service
  • 10.48 Deemed service
  • 10.49 Substituted service

Division 10.5--Service through diplomatic channel or by transmission to foreign government

  • 10.51 Documents to be lodged with the Court
  • 10.52 Order for payment of expenses

Division 10.6--Service under Hague Convention

  • 10.61 Definitions for Division 10.6
  • 10.62 Provisions of this Division to prevail
  • 10.63 Service abroad of local judicial documents--application of rules 10.64 to 10.68
  • 10.64 Application for request for service abroad
  • 10.65 How application to be dealt with
  • 10.66 Procedure on receipt of certificate of service
  • 10.67 Payment of costs
  • 10.68 Evidence of service
  • 10.69 Default judgment following service abroad of initiating process--application of rules 10.70 to 10.72
  • 10.70 Restriction on power to enter default judgment if certificate of service filed
  • 10.71 Restriction on power to enter default judgment if certificate of service not filed
  • 10.72 Setting aside judgment in default of appearance
  • 10.73 Local service of foreign judicial documents - application of rules 10.74 to 10.76
  • 10.74 Certain documents to be referred to Attorney - General's Department
  • 10.75 Service
  • 10.76 Affidavit as to service

PART 11--ADDRESS--FOR SERVICE

  • 11.01 Address for service--general
  • 11.02 Address for service--corporations
  • 11.03 Address for service--proceeding against person in person's business name
  • 11.04 Address for service--partnership
  • 11.05 Receivers
  • 11.06 When must notice of address for service be filed
  • 11.07 How to file notice of address for service
  • 11.08 Service of notice of address for service
  • 11.09 Change of address for service

PART 12--SUBMITTING--NOTICES

  • 12.01 Submitting notice

PART 13--JURISDICTION----SETTING ASIDE ORIGINATING APPLICATION

  • 13.01 Setting aside originating application etc

PART 14--INTERLOCUTORY--ORDERS FOR PRESERVATION OF RIGHTS AND PROPERTY

Division 14.1--Inspection of property

  • 14.01 Order for inspection etc of property
  • 14.02 Service of application
  • 14.03 View by Court

Division 14.2--Preservation etc of property

  • 14.11 Preservation of property
  • 14.12 Disposal of personal property
  • 14.13 Interim distribution of property or income from property
  • 14.14 Payment before determination of all interested persons

Division 14.3--Receivers

PART 15--CROSS---CLAIMS AND THIRD PARTY CLAIMS

Division 15.1--Making cross-claim

  • 15.01 Cross-claim by respondent
  • 15.02 Starting cross - claim
  • 15.03 Title of cross - claim and subsequent documents
  • 15.04 Time for bringing cross - claim
  • 15.05 Application for extension of time to file cross - claim
  • 15.06 Cross-claim to be accompanied by statement of cross - claim or affidavit
  • 15.07 Cross-claim to state relief claimed
  • 15.08 Service of notice of cross - claim on cross - respondent
  • 15.09 Service of pleadings and documents
  • 15.10 Conduct of proceeding after cross - claim is filed
  • 15.11 Separate proceeding in relation to cross - claim
  • 15.12 Cross - claim for contribution or indemnity
  • 15.13 Hearings in relation to cross - claims
  • 15.14 Co - cross - respondents

Division 15.2--Amendment of cross-claim

  • 15.15 Amendment generally
  • 15.16 Date on which amendment takes effect
  • 15.17 Procedure for making amendment
  • 15.18 Time for amending notice of cross - claim under Court order
  • 15.19 Service of amended cross - claim

PART 16--PLEADINGS

Division 16.1--General

  • 16.01A Application of Division 16.1
  • 16.01 Pleading to include name of person who prepared it
  • 16.02 Content of pleadings--general
  • 16.03 Pleading of facts
  • 16.04 References to documents or spoken words
  • 16.05 Conditions precedent
  • 16.06 Inconsistent allegations or claims
  • 16.07 Admissions, denials and deemed admissions
  • 16.08 Matters that must be expressly pleaded
  • 16.09 Defence of tender before start of proceeding
  • 16.10 Defence claiming set - off
  • 16.11 Joinder of issue
  • 16.12 Close of pleadings
  • 16.13 Alternative accompanying documents

Division 16.2--Striking out pleadings

  • 16.21 Application to strike out pleadings

Division 16.3--Progress of pleadings

  • 16.31 Application of Division 16.3
  • 16.32 Defence to application
  • 16.33 Reply

Division 16.4--Particulars

  • 16.41A Application of Division 16.4
  • 16.41 General
  • 16.42 Fraud, misrepresentation etc
  • 16.43 Conditions of mind
  • 16.44 Damages and exemplary damages
  • 16.45 Application for order for particulars

Division 16.5--Amendment of pleadings

  • 16.51 Amendment without needing the leave of the Court
  • 16.52 Disallowance of amendment of pleading
  • 16.53 Application for leave to amend
  • 16.54 Date on which amendment takes effect
  • 16.55 Consequential amendment of defence
  • 16.56 Consequential amendment of reply
  • 16.57 Implied joinder of issue after amendment
  • 16.58 Time for amending pleading under Court order
  • 16.59 Procedure for making amendment to pleading
  • 16.60 Service of amendment

PART 17--INTERLOCUTORY--APPLICATIONS

  • 17.01 Interlocutory application
  • 17.02 Reliance on correspondence or undisputed documents
  • 17.03 Service on others
  • 17.04 Hearing and determination of interlocutory application--absence of party

PART 18--INTERPLEADER--PROCEEDINGS

Division 18.1--Stakeholder's interpleader

  • 18.01 Application for relief by way of interpleader
  • 18.02 How application to be made
  • 18.03 Orders that may be sought
  • 18.04 Default by claimant
  • 18.05 Neutrality of stakeholder
  • 18.06 Order in several proceedings

Division 18.2--Sheriff's interpleader

  • 18.11 Notice of claim
  • 18.12 Notice of claim to be served on execution creditor
  • 18.13 Admission of claim by execution creditor
  • 18.14 Application by Sheriff for interpleader

PART 19--SECURITY--FOR COSTS

  • 19.01 Application for an order for security for costs

PART 20--DISCOVERY--AND INSPECTION OF DOCUMENTS

Division 20.1--General

  • 20.01 Withholding documents on public interest grounds
  • 20.02 Privilege
  • 20.03 Undertakings or orders applying to documents

Division 20.2--Discovery

  • 20.11 Discovery must be for the just resolution of the proceeding
  • 20.12 No discovery without court order
  • 20.13 Application for discovery
  • 20.14 Standard discovery
  • 20.15 Non - standard and more extensive discovery
  • 20.16 Giving discovery
  • 20.17 List of documents
  • 20.18 Copies of documents
  • 20.19 Claim of privilege
  • 20.20 Supplementary discovery
  • 20.21 Order for particular discovery
  • 20.22 Deponent for affidavit for discovery
  • 20.23 Discovery from non - party
  • 20.24 Non - party's obligation
  • 20.25 Non - party's costs and expenses

Division 20.3--Production for inspection

  • 20.31 Notice to produce document in pleading or affidavit
  • 20.32 Order for production from party
  • 20.33 Order for production from non - party
  • 20.34 Copying of documents produced for inspection
  • 20.35 Production to Court

PART 21--INTERROGATORIES

  • 21.01 Order for interrogatories
  • 21.02 When application may be made
  • 21.03 Answers to interrogatories
  • 21.04 Affidavit verifying written answers to interrogatories
  • 21.05 Orders dealing with insufficient answers
  • 21.06 Answers tendered as evidence
  • 21.07 Public interest

PART 22--ADMISSIONS

  • 22.01 Notice to admit facts or documents
  • 22.02 Notice disputing facts or documents
  • 22.03 Disputing party to pay costs if document is proved etc
  • 22.04 Facts or documents taken to be admitted if not disputed
  • 22.05 Deemed admission
  • 22.06 Withdrawal of admissions
  • 22.07 Judgment on admissions

PART 23--EXPERTS

Division 23.1--Court experts

  • 23.01 Appointment of Court expert
  • 23.02 Court expert's report
  • 23.03 Court expert's report--use at trial
  • 23.04 Other expert's reports on the question

Division 23.2--Parties' expert witnesses and expert reports

  • 23.11 Calling expert evidence at trial
  • 23.12 Provision of guidelines to an expert
  • 23.13 Contents of an expert report
  • 23.14 Application for expert report
  • 23.15 Evidence of experts

Division 23.3--Examinations by a medical expert

  • 23.21 Examinations by a medical expert

PART 24--SUBPOENAS

Division 24.1--Leave to issue subpoena

  • 24.01 Leave to issue subpoena

Division 24.2--Subpoenas to give evidence and to produce documents

  • 24.11 Definitions for Division 24.2
  • 24.12 Issuing of subpoena
  • 24.13 Form of subpoena
  • 24.14 Change of date for attendance or production
  • 24.15 Setting aside or other relief
  • 24.16 Service
  • 24.17 Compliance with subpoena
  • 24.18 Production otherwise than on attendance
  • 24.19 Removal, return, inspection, copying and disposal of documents and things
  • 24.20 Inspection of, and dealing with, documents and things produced otherwise than on attendance
  • 24.21 Return of documents and things produced
  • 24.22 Costs and expenses of compliance
  • 24.23 Failure to comply with subpoena--contempt of court
  • 24.24 Documents and things in custody of Court

PART 25--OFFERS--TO SETTLE

  • 25.01 Offer to compromise
  • 25.02 Notice to be signed
  • 25.03 Offer to compromise--content
  • 25.04 Offer to be paid within 28 days
  • 25.05 Timing of offer
  • 25.06 No communication to Court of offer
  • 25.07 Withdrawal of offer
  • 25.08 Acceptance of offer
  • 25.09 Withdrawal of acceptance
  • 25.10 Failure to comply with offer
  • 25.11 Multiple respondents
  • 25.12 Taxation of costs where offer accepted
  • 25.13 Contributor parties
  • 25.14 Costs where offer not accepted

PART 26--ENDING--PROCEEDINGS EARLY

Division 26.1--Summary judgment and stay of proceedings

Division 26.2--Withdrawal and discontinuance

  • 26.11 Withdrawal of defence etc
  • 26.12 Discontinuance
  • 26.13 Service of notice
  • 26.14 Effect of discontinuance
  • 26.15 Stay of proceeding until costs paid

PART 27--TRANSFER--OF PROCEEDINGS

Division 27.1--Federal Circuit and Family Court of Australia

  • 27.01 Transfer to the Federal Circuit and Family Court of Australia
  • 27.02 Transfer from the Federal Circuit and Family Court of Australia (Division 2)
  • 27.03 Order transferring proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court must be filed in the Federal Circuit and Family Court of Australia (Division 2)

Division 27.3--Cross-vesting

  • 27.21 Transfer of proceeding from the Court
  • 27.22 Application by Attorney - General for transfer of proceeding from the Court
  • 27.23 Transfer of proceeding to the Court

PART 28--ALTERNATIVE--DISPUTE RESOLUTION

Division 28.1--General

  • 28.01 General
  • 28.02 Orders that may be sought
  • 28.03 Arbitration, mediation and ADR process
  • 28.04 Court may terminate mediation or ADR process
  • 28.05 Parties may refer proceeding to mediation, arbitration or ADR process

Division 28.2--Arbitration

  • 28.11 Appointment of arbitrator
  • 28.12 Applications by interlocutory application
  • 28.13 Applications for registration
  • 28.14 Applications for order in terms of an award

Division 28.3--Mediation

  • 28.21 Nomination of mediator
  • 28.22 Conduct of mediation
  • 28.23 Report if only part of proceeding to be mediated
  • 28.24 Termination of mediation--mediator initiated
  • 28.25 Agreement at mediation

Division 28.4--ADR process

  • 28.31 Nomination of person to conduct ADR process
  • 28.32 Conduct of ADR process
  • 28.33 Report if only part of proceeding to be subject of ADR process
  • 28.34 Termination of ADR process
  • 28.35 Agreement at ADR process

Division 28.5--International arbitration

  • 28.41 Definitions for Division 28.5
  • 28.42 Application of Division
  • 28.43 Application for stay of a proceeding
  • 28.44 Enforcing foreign award
  • 28.44A Application for referral to arbitration under article 8 of the Model Law
  • 28.45 Application for relief under Model Law
  • 28.45A Application to set aside award under Model Law
  • 28.46 Subpoenas for Division 28.5
  • 28.47 Application under section 23A of International Arbitration Act
  • 28.48 Application under section 23F or 23G of International Arbitration Act
  • 28.48A Enforcement of Investment Convention
  • 28.49 Recognition of award
  • 28.50 Documents not in English language

Division 28.6--Referral by Court to referee

  • 28.61 Order of referral
  • 28.62 Appointment of referees
  • 28.63 Two or more referees
  • 28.64 Security for remuneration
  • 28.65 Conduct of inquiry
  • 28.66 Report
  • 28.67 Proceeding on report

PART 29--EVIDENCE

Division 29.1--Affidavits

  • 29.01 When affidavit may be sworn or affirmed
  • 29.02 Form of affidavit
  • 29.03 Content of affidavits
  • 29.04 Swearing or affirming affidavit by person who has disability
  • 29.05 Service of exhibits and annexures
  • 29.06 Irregularity in form
  • 29.07 Use of affidavit not filed or in irregular form
  • 29.08 Serving of affidavits
  • 29.09 Cross - examination of deponent

Division 29.2--Evidence on commission taken in Australia or abroad

  • 29.11 Order for examination of witness
  • 29.12 Letter of request
  • 29.13 Procedure for orders under section 7(1)(a) or (b) of Foreign Evidence Act 1994
  • 29.14 Documents for examiner
  • 29.15 Appointment for examination
  • 29.16 Conduct of examination
  • 29.17 Examination of additional persons
  • 29.18 Objection
  • 29.19 Taking of depositions
  • 29.20 Authentication and filing
  • 29.21 Special report
  • 29.22 Default of witness
  • 29.23 Evidence of future right or claim

PART 30--HEARINGS

Division 30.1--Separate decisions on questions

  • 30.01 Application for separate trials
  • 30.02 Disposal of proceedings after hearing separate questions

Division 30.2--Consolidation

  • 30.11 Consolidation of proceedings before trial

Division 30.3--Trial

  • 30.21 Absence of party at trial
  • 30.22 No appearance by any party
  • 30.23 Trial limitations
  • 30.24 Death before judgment
  • 30.25 Evidence in other proceedings
  • 30.26 Plans, photographs and models
  • 30.27 Consent
  • 30.28 Notice to produce
  • 30.29 Notice of intention to adduce evidence of previous representation
  • 30.30 Notice of objection to tender of hearsay evidence if maker available
  • 30.31 Notice of intention to adduce tendency evidence
  • 30.32 Notice of intention to adduce coincidence evidence
  • 30.33 Parties in lawful custody
  • 30.34 Attendance and production

Division 30.4--Assessment of damages

  • 30.41 Order for calculation of amount of damages by Registrar
  • 30.42 Notice of objection to calculation
  • 30.43 Procedure if notice given
  • 30.44 Procedure if notice not given

Division 30.5--Accounts

  • 30.51 Order for account to be taken
  • 30.52 Form and filing of account
  • 30.53 Notice of additional charge or error in account
  • 30.54 Orders to deal with delay
  • 30.55 Order for account or inquiry before Registrar
  • 30.56 Notice of objection to certificate
  • 30.57 Procedure if notice given
  • 30.58 Procedure if notice not given

CHAPTER 3--Original jurisdiction--special classes of proceedings

PART 31--JUDICIAL--REVIEW

Division 31.1--Administrative Decisions (Judicial Review) Act 1977

  • 31.01 Application for order of review
  • 31.02 Application for extension of time
  • 31.03 Documents to be filed and served
  • 31.04 Service
  • 31.05 Notice of objection to competency

Division 31.2--Judiciary Act 1903

  • 31.11 Form of application
  • 31.12 Joinder of claims for relief

Division 31.3--Migration Act 1958

  • 31.21 Definitions for Division 31.3
  • 31.22 Application for review of migration decision
  • 31.23 Application for extension of time
  • 31.24 Notice of objection to competency

Division 31.4--Australian Crime Commission Act 2002

  • 31.31 Applications under section 57 of Australian Crime Commission Act 2002

PART 32--REMITTALS--AND REFERRALS FROM THE HIGH COURT

Division 32.1--Matters remitted from the High Court

  • 32.01 Filing of order of remittal
  • 32.02 Service of order and notice
  • 32.03 Address for service
  • 32.04 Hearing of application to show cause

Division 32.2--Referral of petition under Commonwealth Electoral Act 1918

  • 32.11 Filing of order referring petition or part of petition
  • 32.12 Service of order and notice
  • 32.13 Address for service
  • 32.14 Lists of votes claimed or objected to
  • 32.15 Counter - charges
  • 32.16 Notice of trial
  • 32.17 Withdrawal of petition and substitution of another petitioner
  • 32.18 Death of petitioner

PART 33--APPEALS--FROM DECISIONS OF BODIES OTHER THAN COURTS

Division 33.1--Taxation appeals

  • 33.01 Definitions for Division 33.1
  • 33.02 Starting AOD appeals
  • 33.03 Documents to be filed and served by Commissioner--matters other than private rulings
  • 33.04 Documents to be filed and served by Commissioner--private rulings
  • 33.05 Starting DPO appeals
  • 33.06 Documents to be filed and served by Commissioner

Division 33.2--Administrative Appeals Tribunal

  • 33.11 Definitions for Division 33.2
  • 33.12 Starting an appeal--filing and service of notice of appeal
  • 33.13 Application for extension of time to start appeal
  • 33.14 Amendment of notice of appeal without leave--supplementary notice
  • 33.15 Application for leave to raise other questions of law or rely on other grounds
  • 33.16 Respondent's address for service
  • 33.17 Form of application for stay of Tribunal decision
  • 33.18 Registrar of Tribunal to send documents
  • 33.19 No written reasons for decision
  • 33.20 Notice of cross - appeal
  • 33.21 Notice of contention
  • 33.22 Directions hearing
  • 33.23 Appeal books
  • 33.24 Assistance from Registrar
  • 33.25 Title of appeal books
  • 33.26 Content of appeal books
  • 33.27 Written submissions, chronology and lists of authorities
  • 33.28 Filing of Part C documents
  • 33.29 Further evidence on appeal
  • 33.30 Notice of objection to competency of appeal
  • 33.31 Discontinuance of appeal
  • 33.32 Application to dismiss appeal
  • 33.33 Absence of party

Division 33.3--Appeals from the Superannuation Complaints Tribunal or Australian Financial Complaints Authority

  • 33.34 Appeals under section 46 of the Superannuation (Resolution of Complaints) Act 1993 or section 1057 of the Corporations Act 2001

Division 33.4--Appeals from the National Native Title Tribunal

  • 33.40 Appeals under section 169 of the Native Title Act 1993

PART 34--OTHER--PROCEEDINGS

Division 34.1--Fair Work proceedings

  • 34.01 Definitions for Division 34.1
  • 34.02 Application of Division 34.1 and other provisions of these Rules
  • 34.03. Application in relation to dismissal from employment in contravention of a general protection
  • 34.04 Application in relation to alleged unlawful termination of employment
  • 34.05 Application in relation to alleged discrimination
  • 34.06 Application for rule to show cause
  • 34.07 Requirements for applications for an inquiry or ballot
  • 34.08 Application for interim orders

Division 34.3--Intellectual property

  • 34.21 Definitions for Division 34.3
  • 34.22 Application of Division 34.3
  • 34.23 Appearance by Commissioner
  • 34.24 Starting an appeal--filing and service of notice of appeal
  • 34.25 Application for extension of time to file notice of appeal
  • 34.26 Grounds of appeal or particulars not stated in notice of appeal
  • 34.27 Particulars of non - patentable invention
  • 34.28 Notice of cross - appeal
  • 34.29 Notice of contention
  • 34.30 Provision of documents by Commissioner
  • 34.31 Evidence
  • 34.32 Application for determination of equitable remuneration
  • 34.33 Applications for determination of terms of doing an act
  • 34.34 Infringement of EL rights--particulars
  • 34.35 Infringement of copyright--particulars
  • 34.36 Infringement of registered designs--particulars
  • 34.37 Application for compulsory licence--Designs Act
  • 34.38 Revocation of registration or rectification of Register--Designs Act
  • 34.39 Infringement of monopoly in protected design--particulars--Olympic Insignia Protection Act
  • 34.40 Application for rectification of Register of Olympic Designs or dispute of validity of protected design
  • 34.41 Applications under section 105(1) of Patents Act
  • 34.42 Applications under section 120(1) of Patents Act
  • 34.43 Applications under section 125(1) of Patents Act
  • 34.44 Applications under section 128(1) of Patents Act
  • 34.45 Applications under Chapter 12 of Patents Act
  • 34.46 Dispute of validity of patent--particulars of invalidity
  • 34.47 Infringement of PBR--particulars
  • 34.48 Infringement of registered trade marks--particulars
  • 34.49 Dispute of validity of registration of trade mark--particulars of invalidity
  • 34.50 Experimental proof as evidence

Division 34.4--Trans-Tasman proceedings--general

  • 34.61 Definitions for Division 34.4
  • 34.62 Proceedings under the Trans - Tasman Proceedings Act
  • 34.63 Originating application under Trans - Tasman Proceedings Act
  • 34.64 Interlocutory application under Trans - Tasman Proceedings Act
  • 34.65 Application for interim relief
  • 34.66 Application for leave to serve subpoena in New Zealand
  • 34.67 Form of subpoena
  • 34.68 Application to set aside subpoena
  • 34.69 Application for issue of certificate of non - compliance with subpoena
  • 34.70 Documents relating to application
  • 34.71 Application to enforce compliance with order made by New Zealand court
  • 34.72 Notice of registration of NZ judgment
  • 34.73 Application for extension of time to give notice of registration of NZ judgment
  • 34.74 Application to set aside registration of NZ judgment
  • 34.75 Application for stay of enforcement of registered NZ judgment so that liable person can appeal judgment
  • 34.76 Application for extension of time to apply for stay of enforcement of registered NZ judgment so that liable person can appeal judgment
  • 34.77 Application for order for use of audio link or audiovisual link

Division 34.5--Trans-Tasman market proceedings

  • 34.81 Definitions for Division 34.5
  • 34.82 Application of Division 34.5
  • 34.83 Filing documents in Australian market proceeding in New Zealand
  • 34.84 Filing documents in a NZ market proceeding in Australia
  • 34.85 Federal Court sittings in New Zealand
  • 34.86 Application of rules 34.72 to 34.76

Division 34.6--Aboriginal and Torres Strait Islander Act 2005

  • 34.91 Definition for Division 34.6
  • 34.92 Form and service of election petition
  • 34.93 Response to election petition
  • 34.94 Reference as to qualifications or vacancy

Division 34.7--Native title proceedings

  • 34.101 Interpretation for Division 34.7
  • 34.102 Application of Division 34.7
  • 34.103 Main application (native title and compensation)
  • 34.104 Joinder of parties to main application within relevant period
  • 34.105 Joinder of parties to main application after relevant period
  • 34.106 Withdrawal of a party
  • 34.107 Form of applications other than main applications
  • 34.108 Service of applications other than main applications
  • 34.109 Application for review of decision not to accept claim for registration
  • 34.110 Application to remove details of agreement from Register of Indigenous Land Use Agreements
  • 34.111 Application for order about return of, or access to, records
  • 34.112 Question to be special case
  • 34.113 Special case to be prepared--referral by mediator
  • 34.114 Special case to be prepared--referral by NNTT
  • 34.115 Party having carriage of proceeding--referral by mediator
  • 34.116 Party having carriage of proceeding--referral by NNTT
  • 34.117 Referral of questions about whether a party should cease to be a party
  • 34.118 Report about breaches of good faith requirement
  • 34.119 Definition for rules 34.120 to 34.123
  • 34.120 Evidentiary matters generally
  • 34.121 Orders to take account of cultural or customary concerns
  • 34.122 Disclosure of evidence or information of cultural or customary nature, contrary to court order
  • 34.123 Evidence of cultural or customary nature
  • 34.124 Documents referring to certain material
  • 34.125 Evidence given in consultation with others
  • 34.126 Evidence given not in normal course
  • 34.127 Inspection
  • 34.128 Taking evidence
  • 34.129 Conflict of interest
  • 34.130 Short title of proceeding
  • 34.131 Notices of appointment of agent and change to agent's address for service
  • 34.132 Application for leave to be represented by person who is not a lawyer
  • 34.133 Native Title Registrar application to Court for order as to notice
  • 34.134 Overlapping applications
  • 34.135 Court may order adjournment for purpose of agreement between parties
  • 34.136 Agreements regarding practical outcomes of native title determination
  • 34.137 Appearance by NNTT

Division 34.8--Human rights proceedings

  • 34.161 Definitions for Division 34.8
  • 34.162 Application of Division 34.8
  • 34.163 Starting a proceeding--application and claim
  • 34.164 Copy of application to be given to Commission
  • 34.165 Address for service
  • 34.166 Appearance by special - purpose Commissioner
  • 34.167 Conduct of proceeding by litigation representative

CHAPTER 4--Appellate jurisdiction

PART 35--LEAVE--TO APPEAL

Division 35.1--Oral applications for leave to appeal from interlocutory judgments of the Court

  • 35.01 Oral application for leave to appeal

Division 35.2--Written applications for leave to appeal

  • 35.11 Application of Division
  • 35.12 Form of application
  • 35.13 Time for filing application
  • 35.14 Extension of time to seek leave to appeal
  • 35.15 Service of application
  • 35.16 Method of service
  • 35.17 Address for service of respondent
  • 35.18 Certain applications may be dealt with without an oral hearing
  • 35.19 Submissions
  • 35.20 Objection to application being considered without oral hearing
  • 35.21 Time for filing and serving affidavits
  • 35.22 Directions

Division 35.3--Ending applications early

  • 35.31 Withdrawing an application
  • 35.32 Dismissing application for want of prosecution
  • 35.33 Absence of a party

Division 35.4--Revocation of leave to appeal

  • 35.41 Revocation or variation of grant of leave

PART 36--APPEALS

Division 36.1--Institution of appeals

  • 36.01 Form of notice of appeal
  • 36.02 Filing of notice of appeal
  • 36.03 Time for filing and serving notice of appeal
  • 36.04 Service on parties and lodgments
  • 36.05 Extension of time to file notice of appeal
  • 36.06 Method of service
  • 36.07 Address for service of respondent
  • 36.08 Stay of execution or proceedings under judgment appealed from
  • 36.09 Security for costs of appeal
  • 36.10 Amendment to notice of appeal
  • 36.11 Directions

Division 36.2--Cross-appeals and notices of contention

  • 36.21 Cross - appeal
  • 36.22 Time to file notice of cross - appeal
  • 36.23 Extension of time to file notice of cross - appeal
  • 36.24 Notice of contention

Division 36.3--Parties to appeals and interveners

Division 36.4--Dealing with certain applications on the papers

  • 36.41 Certain applications may be dealt with without an oral hearing
  • 36.42 Submissions
  • 36.43

Division 36.5--Preparation of appeals

  • 36.51 Appeal books
  • 36.52 Assistance from Registrar
  • 36.53 Title of appeal books
  • 36.54 Content of appeal books
  • 36.55 Written submissions, chronology and lists of authorities
  • 36.56 Filing of Part C documents
  • 36.57 Further evidence on appeal

Division 36.6--Ending appeals

PART 38--CASES--STATED AND QUESTIONS RESERVED

  • 38.01 Application for case stated or question reserved
  • 38.02 Case stated to be prepared etc
  • 38.03 Directions

CHAPTER 5--Judgments, costs and other general provisions

PART 39--ORDERS

Division 39.1--Judgments and orders

  • 39.01 Date of effect of judgment or order
  • 39.02 Time for compliance with orders
  • 39.03 Dismissal of proceedings and stay of further proceedings
  • 39.04 Varying or setting aside a judgment or order before it has been entered
  • 39.05 Varying or setting aside judgment or order after it has been entered
  • 39.06 Interest on judgment

Division 39.2--Consent orders

Division 39.3--Undertakings

  • 39.21 Orders dealing with failure to fulfil undertakings

Division 39.4--Judgments and orders--entry

  • 39.31 When entry is required
  • 39.32 Entry of an order
  • 39.33 Lodgment of orders for entry
  • 39.34 Order entered in Court
  • 39.35 Authentication of orders

PART 40--COSTS

Division 40.1--General

  • 40.01 Party and party costs
  • 40.02 Other order for costs
  • 40.03 Costs reserved
  • 40.04 Costs on interlocutory application or hearing
  • 40.05 Costs in other courts
  • 40.06 Costs improperly, unreasonably or negligently incurred
  • 40.07 Liability of lawyer to their client for misconduct
  • 40.08 Reduction in costs otherwise payable

Division 40.2--Taxation of costs

  • 40.12 Application of Division 40.2 and 40.3
  • 40.13 Taxation of costs awarded on an interlocutory application
  • 40.14 Order for taxation not required
  • 40.15 Failure to file bill of costs
  • 40.16 Unnecessary expense in proceeding before taxing officer
  • 40.17 Filing bill for taxation
  • 40.18 Contents of bill
  • 40.19 Service of a bill
  • 40.20 Estimate of costs
  • 40.21 Objection to estimate
  • 40.22 Resolution at confidential conference
  • 40.23 Provisional taxation
  • 40.24 Notice that bill is to be taxed
  • 40.25 Notice of objection
  • 40.26 Response to notice of objection
  • 40.27 Taxation
  • 40.28 Powers of taxing officer
  • 40.29 Costs to be allowed on taxation
  • 40.30 Costs not to be allowed on taxation
  • 40.31 Exercise of taxing officer's discretion
  • 40.32 Certificate of taxation
  • 40.33 Costs of taxation
  • 40.34 Review by Court
  • 40.35 Stay of costs

Division 40.3--Short form bills

  • 40.41 Short form bill on application for winding up under Corporations Act 2001
  • 40.42 Procedure--short form bills under Corporations Act 2001
  • 40.43 Short form bills for migration appeals
  • 40.44 Procedure--short form bills for migration appeals

Division 40.4--Determination of maximum costs

  • 40.51 Maximum costs in a proceeding

PART 41--ENFORCEMENT

Division 41.1--General

  • 41.01 Application without notice for directions
  • 41.02 Condition precedent not fulfilled
  • 41.03 Application for stay of judgment or order
  • 41.04 Failure to comply with Court order
  • 41.05 Failure to attend Court in response to subpoena or order
  • 41.06 Endorsement on order
  • 41.07 Service of order
  • 41.08 Application where person fails to comply with order
  • 41.09 Substituted performance
  • 41.10 Execution generally
  • 41.11 Stay of execution

Division 41.2--Enforcement against partnership

  • 41.21 Execution of order against partnership
  • 41.22 Execution against individual partner
  • 41.23 Application to proceedings between co - partners

Division 41.3--Execution against business name

  • 41.31 Execution of order--proceeding against person in person's business name

Division 41.4--Sheriff

  • 41.41 Suspension of execution of process
  • 41.42 Failure to execute process
  • 41.43 Application for orders in relation to execution of process

Division 41.5--Fees

Division 41.6--Reciprocal enforcement of judgments under Foreign Judgments Act 1991

CHAPTER 6--Disciplinary

PART 42--CONTEMPT

Division 42.1--Contempt in face or hearing of Court

  • 42.01 Arrest for contempt
  • 42.02 Charge, defence and determination
  • 42.03 Interim custody

Division 42.2--Applications for contempt

  • 42.11 Procedure generally
  • 42.12 Statement of charge
  • 42.13 Service
  • 42.14 Arrest
  • 42.15 Procedure on the hearing
  • 42.16 Application or proceeding by a Registrar

Division 42.3--General

  • 42.21 Warrant for imprisonment
  • 42.22 Discharge before end of prison term

CHAPTER 7--Transitional provisions

PART 43--TRANSITIONAL--PROVISIONS

Division 43.1--Transitional provisions relating to the Federal Court Legislation Amendment Rules 2022

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