76Rules of Court

#### 76 Rules of Court (1) The Judges, or a majority of them, may make Rules of Court: (a) providing for, or in relation to, the practice and procedure to be followed in the Federal Circuit and Family Court of Australia (Division 1) (including the practice and procedure to be followed in Registries of the Court); or (b) providing for, or in relation to, all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Federal Circuit and Family Court of Australia (Division 1); or (c) providing for, or in relation to, any matter or thing in respect of which Rules of Court may be made under the Family Law Act 1975 for the purposes of their application to the Federal Circuit and Family Court of Australia (Division 1); or (d) providing for, or in relation to, proceedings transferred to the Federal Circuit and Family Court of Australia (Division 1) under section 35A of the Bankruptcy Act 1966; or (e) providing for, or in relation to, the time and manner of institution of appeals in and to the Federal Circuit and Family Court of Australia (Division 1); or (f) prescribing the duties of officers of the Federal Circuit and Family Court of Australia (Division 1); or (g) prescribing penalties, not exceeding 50 penalty units, for offences against the Rules of Court; or (h) prescribing matters required or permitted by: (i) any other provision of this Chapter; or (ii) any other law of the Commonwealth; to be prescribed by the Rules of Court. (1A) Proposed Rules of Court are not to be made if the Chief Justice considers they are not consistent with the aim mentioned in paragraph 75(a) (ensuring common rules of court and forms). (2) The Rules of Court may make provision for: (a) the amendment of a document in a proceeding; or (b) leave to amend a document in a proceeding; even if the effect of the amendment would be to allow a person to seek a remedy in respect of a legal or equitable claim that would have been barred because of the expiry of a period of limitation if the remedy had originally been sought at the time of the amendment. (3) Rules of Court have effect subject to any provision made by another Act, or by rules or regulations under another Act, with respect to the practice and procedure in particular matters. (4) The Legislation Act 2003 (other than sections 8, 9, 10 and 16 and Part 4 of Chapter 3 of that Act) applies in relation to Rules of Court made by Judges under this Chapter or another Act (other than the Family Law Act 1975): (a) as if a reference to a legislative instrument (other than in subparagraph 14(1)(a)(ii) and subsection 14(3) of the Legislation Act 2003) were a reference to a Rule of Court; and (aa) as if a reference to a rule‑maker were a reference to the Chief Justice acting on behalf of the Judges of the Court; and (b) subject to such further modifications or adaptations as are provided for in regulations made under section 285 of this Act. (5) Despite the fact that section 16 of the Legislation Act 2003 does not apply to Rules of Court made by Judges under this Chapter or another Act, the Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970) may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.