(1) Subject to rule 62, at the hearing of an application for review, the court may exercise all the powers and discretions of the taxing officer in relation to the subject matter of the review.
(2) In particular, the court may do any of the following:
(a) confirm the certificate of taxation;
(b) set the certificate aside and order a revised certificate to be issued;
(c) order that any question be referred to:
(i) the taxing officer whose decision is the subject of the review; or
(ii) another taxing officer;
(d) make any other order that the court thinks fit.
Order 39 Publication of lists
1 Mode of publication
Subject to this Order, lists of proceedings to be heard in the court may be published:
(a) to members of the legal profession and their employees;
(b) to litigants in person;
(c) in the law lists published in daily newspapers; and
(d) on notice boards exhibiting lists of cases for the use of the court or the legal profession.
2 Lists to be provided by Registrar
A list of proceedings shall not be published in a manner, or to persons, referred to in rule 1 unless the list has been provided by a Registrar for publication to those persons or in that manner.
3 Content of lists
Subject to rule 4, lists of proceedings provided by a Registrar for publication under this Order may contain such of the following particulars as the Registrar thinks fit:
(a) surnames of parties but not given names;
(b) the identifying numbers of applications; and
(c) the name of the Judge, the time at which and the place or courtroom in which the Judge will sit and the general nature of the applications to be heard by the Judge.
5 Interpretation
In this Order Judge includes Judicial Registrar Magistrate and Registrar.
Order 40 Miscellaneous
1 Rate of interest
For paragraphs 87 (11) (b) and 90KA (b) and subsection 117B (1) of the Act, the prescribed rate of interest is 9.55% a year.
2 Court may act on certain Commonwealth publications
A court exercising jurisdiction under the Act may, without requiring further proof, act on information contained in:
(a) a copy of the Consumer Price Index or any other information published by the Commonwealth Statistician; and
(b) a statement or pamphlet published by or with the authority of the Government Printer setting out the social security benefits available to parents and children where the parents have separated.
3 Particulars of employment and earnings
(1) Where it appears to a court or Registrar that a party to proceedings under Part VIII or XIII of the Act is employed, the court or Registrar may order that party to furnish to the court, within a specified time, a statement in writing signed by that person specifying:
(a) the name and address of the employer of the party or, if the party has more employers than one, of each of those employers;
(b) particulars as to the earnings of the party; and
(c) such other particulars as the court or Registrar thinks necessary to enable the party to be identified by any of the employers of the party.
(2) Where it appears to a court or Registrar that a person is an employer of a party to proceedings under Part VII, VIII or XIII of the Act, the court or Registrar may order that employer to furnish to the court, within a specified time, a statement signed by the employer or on behalf of the employer containing such particulars as are specified in the order of the indebtedness of the employer to the employee, of the employee’s present rate of earnings, or of all the earnings of the employee that became payable to the employee during a specified period.
(3) A document purporting to be a statement within the meaning of subrule (1) or (2) may be admitted as evidence of its contents.
(4) A person shall not:
(a) without reasonable cause or excuse, refuse or fail to comply with an order under this rule that is applicable to the person; or
(b) make under this rule to a court having jurisdiction under the Act a statement in writing that the person knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true.
Penalty: 5 penalty units.
4 Form of bond
A bond shall be in accordance with Form 59.
6 Frivolous and vexatious proceedings
(1) If a court is satisfied that a person has instituted frivolous or vexatious proceedings, the court may order that the person may not, without leave of the court, institute an action, appeal or other proceeding in the court of the kind or kinds specified in the order:
(a) against a person named as a respondent in the frivolous or vexatious proceedings; or
(b) in the same cause of action as the frivolous or vexatious proceedings.
(2) An order under this rule may be made:
(a) in the case of the Family Court of Australia — of the court’s own motion or on the application on the Marshal; or
(b) in the case of the Family Court of Western Australia — of the court’s own motion or on the application of the Executive Officer; or
(c) in any court having jurisdiction under the Act — on the application of a party.
(3) An order may not be made in relation to a person unless the court has given the person a reasonable opportunity to be heard.
(4) A court may discharge or vary an order made under this rule.
(5) A court must not grant leave under this rule to institute an action, appeal or other proceeding unless the court is satisfied that:
(a) the action, appeal or other proceeding is not an abuse of the process of the court; and
(b) there is prima facie ground for the action, appeal or other proceeding.
7 Application for leave
(1) If an order has been made under paragraph 118 (1) (c) of the Act or under subrule 6 (1), an application for leave to institute a proceeding must, in the first instance, unless the order otherwise provides, be made ex parte.
(2) On the return day of an application, the Court may:
(a) dismiss the application; or
(b) make orders as the Court thinks fit for service of the application.
Order 41 Corporations jurisdiction
Corporations Rules means the Federal Court (Corporations) Rules 2000.
Division 2 Applications under the Corporations Act 2001
2 Application of Division
This Division applies to proceedings started in, or transferred to, a Family Court under the Corporations Act 2001.
3 Application of Corporations Rules
The Corporations Rules, as modified by Schedule 3 and by the court, if necessary, in a particular proceeding, apply to an application under the Corporations Act 2001 in a Family Court as if those Rules were provisions of these Rules.
4 Applications under the Corporations Act 2001
An application under the Corporations Act 2001 must not be dismissed only because it has been made in the wrong form.
Division 3 Transfer of proceedings under the Corporations Act 2001
7 Application
This Division applies to the transfer of proceedings relating to the Corporations Act 2001.
8 What provisions of these Rules prevail if they are inconsistent?
The provisions of this Division prevail over any other provisions of these Rules that are inconsistent with them.
9 Application for transfer of proceedings under the Corporations Act 2001
(1) A person must start proceedings for transfer of proceedings by an application in accordance with Form 8.
(1A) An application must be accompanied by a cover sheet in accordance with Form 1B.
(2) An application must be heard and determined by a judge.
(3) An application by the Attorney-General of the Commonwealth or of a State or Territory to transfer proceedings does not make him or her a party to the proceedings sought to be transferred.
10 Content of an application for transfer of proceedings
An affidavit filed with an application for transfer of proceedings must set out the following matters on which the applicant relies:
(a) any relevant provision of the Corporations Act 2001;
(b) a statement of the claim;
(c) the reasons for the application.
11 Transfer of proceedings to another court
On the making of an Order for the transfer of proceedings, the Registrar must send to the Registrar of the court to which the proceedings are to be transferred, all documents filed in the proceedings.
12 Transfer of proceedings to a Family Court
(1) The Registrar must file documents received in relation to proceedings transferred to a Family Court so that the proceedings are identified by year of filing and number.
(2) As soon as practicable after the transfer of proceedings to a Family Court, the applicant must apply to the court for directions.
13 Conduct of transferred proceedings in Family Court
(1) If, in proceedings before a Family Court, a party intends to submit that rules of evidence and procedure, other than those of the court, should be applied under subsection 1337P (1) of the Corporations Act 2001:
(a) the party must specify the rules in the application; and
(b) the party must seek directions on the matter before the proceedings are set down for hearing.
(2) In proceedings to which subrule (1) applies:
(a) the court may give directions at any time in relation to the matter of its own motion; and
(b) the court may at any time vary or revoke a direction given by the court in relation to the matter.