Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011)

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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