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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011)

- Registered on FRLII: 28 Jul 2011
- Department:Attorney-General's
- Description:These Rules provide for the practice and procedure to be followed in the Court and its Registries, extending to all matters incidential to such practice or procedure that are necessary or convenient to be prescribed for the conduct of any business of the Court.

TABLE OF PROVISIONS

            

CHAPTER 1--Introductory provisions
            

   PART 1--PRELIMINARY

           Division 1.1--Scope

   1.01.   Name of Rules  
   1.02.   Commencement  
   1.03.   Repeal of previous Rules  
   1.04.   Application  

           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

   1.51.   Definitions -- the Dictionary  
   1.52.   References to Forms  

           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  

           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 the 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 the 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

   4.11.   Definitions for Division 4.2  
   4.12.   Referral for legal assistance  
   4.13.   A party has no right to apply for a referral  
   4.14.   Acceptance of referral certificate and provision of legal assistance  
   4.15.   Ceasing to provide legal assistance  
   4.16.   Application for Registrar's permission to cease providing legal assistance  
   4.17.   Cessation of referral certificate  
   4.18.   Disbursements  
   4.19.   Professional fees  

   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.   Vexatious proceedings  
   6.03.   Applications for orders in relation to vexatious proceedings  

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

   6.11.   Use of communication device or recording device in place where hearing taking place  
   6.12.   Contempt  
            

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

   7.21.   Definitions for Division 7.3  
   7.22.   Order for discovery to ascertain description of respondent  
   7.23.   Discovery from prospective respondent  
   7.24.   Procedure for applications under this Division  
   7.25.   List of documents  
   7.26.   Privilege  
   7.27.   Inspection of documents  
   7.28.   Copying of documents produced for inspection  
   7.29.   Costs  

           Division 7.4--Freezing orders

   7.31.   Definitions for Division 7.4  
   7.32.   Freezing order  
   7.33.   Ancillary order  
   7.34.   Order may be against person not a party to proceeding  
   7.35.   Order against judgment debtor or prospective judgment debtor or third party  
   7.36.   Jurisdiction  
   7.37.   Service outside Australia of application for freezing order or ancillary order  
   7.38.   Costs  

           Division 7.5--Search orders

   7.41.   Definitions for Division 7.5  
   7.42.   Search order  
   7.43.   Requirements for grant of search order  
   7.44.   Jurisdiction  
   7.45.   Terms of search order  
   7.46.   Independent lawyers  
   7.47.   Costs  

   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.   Application to be accompanied by statement of claim or affidavit  
   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 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 of parties -- general  
   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

   10.31.  Ordinary service  
   10.32.  Time of service  

           Division 10.4--Service outside Australia

   10.41.  Definitions for Division 10.4  
   10.42.  When originating application may be served outside Australia  
   10.43.  Application for leave to serve originating application outside Australia  
   10.44.  Service of other documents  
   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  

   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

   14.21.  Application to appoint receiver  
   14.22.  Guarantee  
   14.23.  Powers  
   14.24.  Remuneration  
   14.25.  Accounts  
   14.26.  Default  
   14.27.  Death of receiver  

   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

   16.01.  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  

           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

   16.41.  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  
   19.02.  Matters to be addressed by the respondent  

   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  

   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

   26.01.  Summary judgment  

           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--Family Court of Australia

   27.01.  Transfer to Family Court of Australia  

           Division 27.2--Federal Magistrates Court

   27.11.  Transfer to Federal Magistrates Court  
   27.12.  Factors to be taken into account  
   27.13.  Transfer from Federal Magistrates Court  

           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 arbitration  
   28.44.  Enforcing foreign award  
   28.45.  Application for relief 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  
   28.49.  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  
   30.03.  Attendance and production  

           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  

           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

   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

   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

   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

   33.34.  Appeals under section 46 of the Superannuation (Resolution of Complaints) Act 1993  

           Division 33.4--Appeals

   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 34.2--Proceedings for an offence

   34.11.  Starting a prosecution  
   34.12.  Form of summons and information  
   34.13.  Proceeding on date to answer charge  
   34.14.  Warrant for arrest of respondent  
   34.15.  Affidavits as to fine or penalty  
   34.16.  Judge may issue a warrant  

           Division 34.3--Intellectual

   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  
   34.86A. Transitional arrangements for Divisions 34.4 and 34.5  

           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

   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

   36.31.  Parties  
   36.32.  Applications to intervene  

           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.  Objection to application being considered without oral hearing  

           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

   36.71.  Definitions for Division 36.6  
   36.72.  Notice of objection to competency of appeal  
   36.73.  Discontinuance of appeal  
   36.74.  Application to dismiss appeal  
   36.75.  Absence of party  

   PART 37--APPEALS IN CRIMINAL CASES FROM SUPREME COURT OF A TERRITORY

   37.01.  Court may request a report  
   37.02.  Application for production of a prisoner  

   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

   39.11.  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 bill on migration appeal  
   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

   41.51.  Definitions for Division 41.5  
   41.52.  Security  
   41.53.  Liability of lawyer  
   41.54.  Bill of fees  
   41.55.  Taxation  
   41.56.  Failure by lawyer to pay Sheriff's fees  

           Division 41.6--Reciprocal enforcement of judgments under

   41.61.  Interpretation for Division 41.6  
   41.62.  Application for an order for registration of foreign judgment  
   41.63.  Further affidavit to be filed on day of hearing  
   41.64.  Registration  
   41.65.  Notice of registration  
   41.66.  Application to set aside registration of judgment or stay enforcement of judgment  
   41.67.  Application to set aside registered foreign judgment  
   41.68.  Security for costs  
   41.69.  Record of registered judgments  
            

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 the Registrar  

           Division 42.3--General

   42.21.  Warrant for imprisonment  
   42.22.  Discharge before end of prison term  
           SCHEDULE 1 Dictionary
           SCHEDULE 2 Powers of the Court that may be exercised by a Registrar
           SCHEDULE 3 Costs allowable for work done and services performed


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