FEDERAL COURT RULES 1979
Table of Provisions
ORDER 1 - PRELIMINARY
- 1.1 Short title
- 1.2 Commencement
- 1.3 Repeal
- 1.4 Interpretation
- 1.5 Order on terms
- 1.6 Serial Number
- 1.7 Forms
- 1.8 Relief from Rules
- 1.9 Proceedings wanting or in doubt
- 1.10 Conciliation and Arbitration Regulations
- 1.11 Bankruptcy Rules applicable
ORDER 2 - SITTINGS AND VACATION
ORDER 3 - TIME
ORDER 4 - COMMENCEMENT OF PROCEEDINGS
- 4.1 Commencement by application-Form 5
- 4.2 Parties
- 4.3 Relief claimed
- 4.4 Name, address, &c.
- 4.5 Notice to appear
- 4.6 Affidavit or statement of claim-Form 7
- 4.7 Filing and copies
- 4.8 Date for directions hearing
- 4.9 Claim for interlocutory relief
- 4.10 Endorsement of date
- 4.11 Time for appearance
- 4.12 Time for service
- 4.13 Alteration of date
- 4.14 Suit in person
- 4.15 Proceeding by rule-Form 6
- 4.16 Proceeding under section 191 of Conciliation and Arbitration Act 1904-Forms 51 and 52
ORDER 5 - CROSS-CLAIMS AND THIRD PARTY CLAIMS
ORDER 6 - PARTIES AND CAUSES OF ACTION
- 6.1 Multiple claims
- 6.2 Joinder of parties generally
- 6.3 Joint right
- 6.4 Leave under rule 2 and sub-rule 3 (2)
- 6.5 Common liability
- 6.6 Inconvenient joinder
- 6.7 Misjoinder and non-joinder of parties
- 6.8 Addition of parties
- 6.9 Removal of parties
- 6.10 Death, transmission, &c.
- 6.11 Further conduct of proceedings
- 6.12 Failure to proceed after death of party
- 6.13 Representation: concurrent interests
- 6.14 Representation of beneficiaries by trustees
- 6.15 Deceased person
- 6.16 Conduct
ORDER 7 - SERVICE
- 7.1 Originating process
- 7.2 Personal service: how effected
- 7.3 Mode of service
- 7.4 Ordinary service: how effected
- 7.5 Identity
- 7.6 Address for service
- 7.7 Document exchange-Form 12
- 7.8 Acceptance by solicitor
- 7.9 Substituted service
- 7.10 Informal service: confirmation
- 7.11 Service by filing
- 7.12 Notice, &c., by the Court
- 7.13 Injunction: service
- 7.14 Service under contract
- 7.15 Service upon an organization
ORDER 8 - SERVICE OUTSIDE THE JURISDICTION
Division 1 - GENERAL
- 8.1 Cases for service of originating process
- 8.2 Leave or confirmation
- 8.3 Other documents
- 8.4 Rules as to service generally
- 8.5 Mode of service
Division 2 - SERVICE IN CONVENTION COUNTRIES
ORDER 9 - APPEARANCE
- 9.1 Appearance by solicitor or in person
- 9.2 Time for appearance
- 9.3 Mode of entry
- 9.4 Notice of appearance
- 9.5 Copies and service
- 9.6 Conditional appearance
- 9.7 Setting aside originating process, &c.
ORDER 10 - DIRECTIONS HEARING
- 10.1 General
- 10.2 Fixing of date
- 10.3 Despatch, orders and directions
- 10.4 Summary disposal
- 10.5 Interlocutory orders
- 10.6 Motion on notice
- 10.7 Procedure on default
ORDER 11 - PLEADINGS
Division 1 - GENERAL
Division 2 - PROGRESS OF PLEADINGS
ORDER 12 - PARTICULARS
ORDER 13 - AMENDMENT
- 13.1 Application of Order
- 13.2 General
- 13.3 Amendment of pleading without leave
- 13.4 Consequential amendment of defence or reply
- 13.5 Disallowance of amendment
- 13.6 Duration of leave
- 13.7 Mode of amendment-Directions
- 13.8 Mode of amendment-simple amendment-Form 19
- 13.9 Mode of amendment-fresh document
- 13.10 Service after amendment
ORDER 14 - AFFADAVITS
- 14.1 Time for swearing
- 14.2 Form of affidavit-Form 20
- 14.3 Alterations
- 14.4 Exhibits and annexures
- 14.5 Irregularity
- 14.6 Filing
- 14.7 Service
- 14.8 Scandal, &c.
- 14.9 Cross-examination
ORDER 15 - DISCOVERY AND INSPECTION OF DOCUMENTS
Division 1 - DISCOVERY
- 15.1 Notice for discovery-Form 21
- 15.2 Discovery on notice
- 15.3 Limitation of discovery on notice
- 15.4 Co-respondents
- 15.5 Order for general discovery
- 15.6 Contents of list-Form 22
- 15.7 Absence of privilege
- 15.8 Order for particular discovery
- 15.9 Deponent
Division 2 - INSPECTION
Division 3 - GENERAL
ORDER 16 - INTERROGATORIES
- 16.1 Interrogatories by notice-Form 23
- 16.2 Answers pursuant to notice
- 16.3 Limitation of interrogatories by notice
- 16.4 Co-respondents
- 16.5 Order to answer
- 16.6 Contents of statement-Form 24
- 16.7 Deponent-Form 24
- 16.8 Insufficient answer
- 16.9 Default
- 16.10 Answers as evidence
- 16.11 Public interest
ORDER 17 - INSPECTION OF PROPERTY
ORDER 18 - ADMISSIONS
- 18.1 Voluntary admission
- 18.2 Notice to admit facts-Form 25
- 18.3 Admission of document discovered
- 18.4 Judgment on admissions
ORDER 19 - MOTIONS
ORDER 20 - SUMMARY DISPOSAL AND STAY OF PROCEEEDINGS
- 20.1 Summary judgment
- 20.2 Frivolity
- 20.3 No demurrer
- 20.4 Residue of proceedings
- 20.5 Application by motion
ORDER 21 - VEXATIOUS LITIGANTS
- 21.1 Vexatious litigant
- 21.2 Vexatious proceeding against a person
- 21.3 Application
- 21.4 Rescission or variation of order
- 21.5 Leave to continue proceeding
ORDER 22 - WITHDRAWAL AND DISCONTINUANCE
- 22.1 Withdrawal of appearance-Form 28
- 22.2 Discontinuance-Form 29
- 22.3 Costs
- 22.4 Withdrawal of defence reply, &c.-Form 30
- 22.5 Mode of discontinuance or withdrawal
- 22.6 Service
- 22.7 Effect of discontinuance
- 22.8 Stay to secure costs
ORDER 23 - PAYMENT INTO COURT
- 23.1 Interpretation
- 23.2 Bringing money into Court
- 23.3 Respondent to cross-claim
- 23.4 Payment into Court not an admission
- 23.5 Where tender before action pleaded
- 23.6 Notice of deposit-Form 31
- 23.7 Order to allot
- 23.8 Abandonments of cross-claim
- 23.9 Withdrawal by respondent-Form 32
- 23.10 Acceptance by applicant-Forms 33 and 34
- 23.11 Effect of acceptance
- 23.12 Withdrawal of acceptance-Form 35
- 23.13 Order for payment out after acceptance
- 23.14 Non-disclosure
- 23.15 Security-Form 36
- 23.16 Service
ORDER 24 - EVIDENCE BY DEPOSITION
- 24.1 Order for examination of witness-Forms 37, 38 and 39
- 24.2 Letter of request
- 24.3 Documents for examiner
- 24.4 Appointment for examination
- 24.5 Conduct of examination
- 24.6 Examination of additional persons
- 24.7 Objection
- 24.8 Taking of depositions
- 24.9 Authentication and filing
- 24.10 Special report
- 24.11 Default of witness
- 24.12 Order for payment of expenses
- 24.13 Perpetuation of testimony
ORDER 25 - INTERIM ORDERS
- 25.1 Order before commencement of proceeding
- 25.2 Preservation of property
- 25.3 Disposal of personal property
- 25.4 Interim distribution
- 25.5 Interim income
- 25.6 Payment before ascertainment of all persons interested
- 25.7 Terms: time for order
- 25.8 Chamber applications to Supreme Court
ORDER 26 - RECEIVERS
ORDER 27 - SUBPOENAS
ORDER 28 - SECURITY FOR COSTS
- 28.1 Interpretation
- 28.2 Application
- 28.3 Cases for security
- 28.4 Manner of giving security
- 28.5 Stay or dismissal
- 28.6 Saving
ORDER 29 - SEPARATE DECISION OF QUESTIONS: CONMSOLIDATION
Division 1 - SEPARATE DECISION OF QUESTIONS
- 29.1 Interpretation
- 29.2 Order for decision
- 29.3 Orders, directions upon decision
- 29.4 Disposal of proceedings
Division 2 - CONSOLIDATION
ORDER 30 - SETTING DOWN
- 30.1 Notice of trial-Form 44
- 30.2 Date for trial
- 30.3 Want of prosecution before setting down
- 30.4 Restoration to the list
- 30.5 Want of prosecution after setting down
- 30.6 Change of venue
- 30.7 Withdrawal
ORDER 31 - JURIES
ORDER 32 - TRIAL
- 32.1 Interpretation
- 32.2 Absence of party
- 32.3 Default of appearance by both parties
- 32.4 Conduct of the trial
- 32.5 Record
- 32.6 Death before judgment
ORDER 33 - EVIDENCE: GENERAL
ORDER 34 - COURT EXPERT
ORDER 35 - JUDGMENTS AND ORDERS
ORDER 36 - JUDGMENTS AND ORDERS: ENTRY
ORDER 37 - JUDGMENTS AND ORDERS: ENFORCEMENT
- 37.1 Attendance
- 37.2 Service before committal or sequestration
- 37.3 Substituted performance
- 37.4 Enforcements by or against non-party
- 37.5 Non-performance of condition
- 37.6 Matters occurring after judgment
- 37.7 Enforcement as in State and Territory Supreme Courts
- 37.8 Ex parte application
- 37.9 Committal-Form 49
- 37.10 Stay of execution
ORDER 38 - ASSESSMENT OF DAMAGES
ORDER 40 - CONTEMPT
Division 1 - CONTEMPT IN THE FACE OR HEARING OF THE COURT
- 40.1 Arrest
- 40.2 Charge, defence and determination
- 40.3 Interim custody
Division 2 - MOTION OR PROCEEDINGS FOR PUNISHMENT
Division 3 - GENERAL
- 40.10 Motion or proceedings by the Registrar
- 40.11 Warrant-Form 48
- 40.12 Discharge
- 40.13 Service before proceeding commenced
- 40.14 Order subject to Conciliation and Arbitration Act
ORDER 41 - DOCUMENTS
ORDER 42 - PARTNERSHIPS AND BUSINESS NAMES
Division 1 - PARTNERSHIPS
- 42.1 Interpretation
- 42.2 Action in partnership name
- 42.3 Disclosure of names, &c., of partners
- 42.4 Service
- 42.5 Appearance of partners
- 42.6 Appearance under protest of person served as partner
- 42.7 Defence
- 42.8 Entry of order
- 42.9 Execution of judgment against a partnership
- 42.10 Judgment against individual partner
- 42.11 Application to proceedings between co-partners
Division 2 - INDIVIDUALS TRADING UNDER A BUSINESS NAME
ORDER 43 - DISABILITY
ORDER 44 - INTERPLEADER
Division 1 - PRELIMINARY
Division 2 - STAKEHOLDER'S INTERPLEADER
- 44.2 Case for relief
- 44.3 Application in a pending proceeding
Division 3 - SHERIFF'S INTERPLEADER
- 44.4 Notice of claim-Form 50
- 44.5 Notice to execution creditor
- 44.6 Admission of claim
- 44.7 Interpleader motion
Division 4 - GENERAL
- 44.8 Powers generally
- 44.9 Default by claimant
- 44.10 Neutrality of applicant
- 44.11 Order in several proceedings
- 44.12 Disposal
ORDER 45 - SOLICTORS
- 45.1 Power to act by solicitor
- 45.2 Adverse parties
- 45.3 Change of solicitor
- 45.4 Change of agent
- 45.5 Appointment of solicitor
- 45.6 Removal of solicitor
- 45.7 Withdrawal of solicitor
- 45.8 Effect of change
- 45.9 Signature for solicitor
ORDER 46 - REGISTRIES
ORDER 47 - SHERIFF
Division 1 - GENERAL
- 47.1 Interpretation
- 47.2 Suspension of execution
- 47.3 Default
- 47.4 Execution: Motion for directions
Division 2 - FEES
ORDER 48 - REFERENCE BY INDUSTRIAL REGISTRAR CONCERNING ELECTIONS
- 48.1 Interpretation
- 48.2 Commencement of a proceeding
- 48.3 Service
- 48.4 Directions
- 48.5 Application pursuant to section 163 of the Conciliation and Arbitration Act
ORDER 49 - PROCEEDINGS FOR AN OFFENCE
- 49.1 Prosecutions
- 49.2 Form of summons, Forms 51, 52
- 49.3 Summons in paragraphs
- 49.4 Appointment of date
ORDER 50 - CASE STATED AND QUESTIONS RESERVED
- 50.1 Application
- 50.2 Special case to be prepared, &c.
- 50.3 Setting down for hearing
- 50.4 Party having carriage of the proceeding
- 50.5 Question referred pursuant to section 112 of Conciliation and Arbitration Act
ORDER 51 - JUDICIARY ACT 1903 - SECTION 78B
- 51.1 Notice of a constitutional matter-Form 53
- 51.2 Filing and service
- 51.3 Affidavit of service
ORDER 52 - APPEALS
Division 1 - APPLICATION FOR LEAVE TO APPEAL
- 52.1 Interpretation
- 52.2 Service
- 52.3 How applications for leave to appeal to be made
- 52.4 Form of application-Form 54
- 52.5 Time for filing application
- 52.6 Service
- 52.7 Appearance
- 52.8 Time for filing and service of affidavits
- 52.9 Use of written case
- 52.10 Setting down for hearing
Division 2 - APPEALS
- 52.11 Interpretation
- 52.12 Form and filing of notice of appeal-Form 55
- 52.13 Title of proceeding
- 52.14 Parties
- 52.15 Time for filing and serving notice of appeal
- 52.16 Filing in courts and service upon parties
- 52.17 Stay
- 52.18 Competency of appeal
- 52.19 Discontinuance of appeal
- 52.20 Security for costs
- 52.21 Amendment by supplementary notice
- 52.22 Cross-appeal
- 52.23 Retention of exhibits
- 52.24 Appointment to settle
- 52.25 Collection of papers
- 52.26 Draft index of appeal papers
- 52.27 Settlement
- 52.28 Preparation of appeal papers
- 52.29 Setting down appeal
- 52.30 Written submissions
- 52.31 Directions
- 52.32 Preparation
- 52.33 Filing and lodgment
- 52.34 Service
- 52.35 Criminal cases
- 52.36 Further evidence on appeal
- 52.37 Expediting appeals
- 52.38 Time; want of prosecution
- 52.39 Appeals in criminal cases from Supreme Courts of a Territory
ORDER 53 - ADMINSTRATIVE APPEALS TRIBUNAL ACT 1975
- 53.1 Interpretation
- 53.2 Mode of instituting an appeal
- 53.3 Parties
- 53.4 Title of proceeding
- 53.5 Filing and service of notice of appeal
- 53.6 Security for costs
- 53.7 Ex parte application for suspension of decision
- 53.8 Documents to be forwarded
- 53.9 Directions and entry for hearing
- 53.10 Notice of cross-appeal
- 53.11 Time for entry of appeal
ORDER 54 - ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
ORDER 55 - NATIONAL HEALTH ACT 1953
ORDER 56 - HEALTH INSURANCE ACT 1973
ORDER 57 - COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971
ORDER 58 - STEVEDORING INDUSTRY ACT 1956
ORDER 59 - REPATRIATION ACT 1920
- 59.1 Reference of question of Law from Repatriation Review Tribunal
- 59.2 Appeal from decision of Repatriation Review Tribunal
ORDER 60 - CUSTOMS ACT 1901
ORDER 61 - APPEALS FROM COURTS OF MARINE INQUIRY
ORDER 62 - COSTS
- 62.1 Interpretation
- 62.2 Application
- 62.3 Time for dealing with costs
- 62.4 Taxed costs and other provisions
- 62.5 Costs in other courts
- 62.6 Order for payment
- 62.7 Order for taxation-when not required
- 62.8 Registrar to tax costs
- 62.9 Solicitor to repay costs due to his delay or misconduct
- 62.10 Notice of taxing costs and copy bill
- 62.11 Review of Taxation
- 62.12 Scale of costs
- 62.13 Taxing officers to assist each other
- 62.14 Costs of interlocutory proceedings
- 62.15 Costs reserved
- 62.16 Notice of adjournment of taxation
- 62.17 Refusal or neglect to procure taxation
- 62.18 Delay before taxing officer
- 62.19 Cost to be allowed on taxation
- 62.20 Disbursements in solicitors' bills bills
- 62.21 Fees not here provided for
- 62.22 Taxing officer's discretion
- 62.23 Extension of time
- 62.24 Non-admission of fact
- 62.25 Non-admission of document
- 62.26 Discontinuance
- 62.27 Payment into court
- 62.28 Continuance of interlocutory injunction
- 62.29 Costs of application or step within proceedings
- 62.30 Costs of application or step within proceedings where stood over to trial
- 62.31 Party and party basis
- 62.32 Refreshers
- 62.33 Absence of counsel
- 62.34 4 1/2 hour periods
- 62.35 Fees to barristers and solicitors
- 62.36 Disallowance of costs of improper, vexatious or unnecessary matter in documents or proceedings
- 62.37 Unnecessary appearance in court
- 62.38 Powers of taxing officer
- 62.39 Registrars appointed taxing officers
- 62.40 Bill of costs
- 62.41 Appointment to tax bill
- 62.42 Objection
- 62.43 Reconsideration
- 62.44 Review
- 62.45 Certificate of taxation
ORDER 63 - MONEYS PAID INTO COURT
- 63.1 Application
- 63.2 Litigants' Fund
- 63.3 Particulars of payment
- 63.4 Other application of moneys
- 63.5 Payment under order
- 63.6 Enquiry by bank unnecessary
ORDER 64 - TRANSITIONAL PROVISIONS
- 64.1 Prior proceedings
- 64.2 Litigants' Fund
