Part 1
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Commonwealth legislation
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Direct links to the current provisions in Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.
These Rules are the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.
These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.
(1) The overarching purpose of these Rules, as provided in section 190 of the Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
Note 1: The parties to a proceeding must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose (see section 191 of the Act).
Note 2: These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 190(3) of the Act).
Note 3: The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rule 1.07).
(2) To assist the Court, the parties must: (a) avoid undue delay, expense and technicality; and (b) consider options for primary dispute resolution as early as possible. (3) If appropriate, the Court will help to implement primary dispute resolution.
In these Rules.
AAT Act means the Administrative Appeals Tribunal Act 1975.
Act means the Federal Circuit and Family Court of Australia Act 2021.
address for service, for a party means the address for service given by the party in accordance with rule 6.01.
AD(JR) Act means the Administrative Decisions (Judicial Review) Act 1977.
answers to specific questions includes interrogatories.
application in a proceeding means an application that is made in a proceeding that has already been started under these Rules and is an application for:
(a) an interim order; or
(b) a procedural order; or
(c) an ancillary order; or
(d) an interlocutory order; or
(e) any other incidental order relating to an application or order.
appropriate registry, for a proceeding, means:
(a) the registry in which the application starting the proceeding is filed; or
(b) if the proceeding is transferred to another registry—that registry.
approved form, for a provision of these Rules, means a form approved by the Chief Judge under subrule 2.04(1) for the provision.
authenticate, in relation to an order of the Court, means to sign and seal the order.
authorised Registrar, in relation to a provision of these Rules, means a Registrar authorised in writing by the Chief Executive Officer to exercise the powers or perform the functions of an authorised Registrar under that provision.
Civil Dispute Resolution Act means the Civil Dispute Resolution Act 2011.
corporation includes any artificial person other than an organisation.
Court means the Federal Circuit and Family Court of Australia (Division 2).
criminal record, for a person, means a record of offences for which the person has been found guilty.
discontinuance, in relation to a proceeding, includes withdrawal from the proceeding.
discovery means an obligation to disclose.
electronic communication means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, including an email or an email attachment.
enter, in relation to an order, means to take out or authenticate the order.
Fair Work Commission has the meaning given by section 12 of the Fair Work Act 2009.
family law or child support proceeding has the meaning given by subsection 7(1) of the Act.
Federal Court Rules means the Federal Court Rules 2011.
filing registry, in relation to a proceeding, means the registry of a court in which the proceeding is started or to which the proceeding is transferred.
general federal law proceeding means a proceeding in the Court other than a family law or child support proceeding.
genuine steps statement has the meaning given by section 5 of the Civil Dispute Resolution Act.
Human Rights Act means the Australian Human Rights Commission Act 1986.
interested person, for a subpoena, means a person who might reasonably have an interest in the subject matter of the subpoena.
issuing party, for a subpoena, means the party at whose request a subpoena is issued.
lawyer means a legal practitioner who is entitled to practise in the Court.
legal assistance means any of the following:
(a) advice in relation to a proceeding;
(b) representation at a directions, interlocutory or final hearing or a mediation;
(c) drafting or settling documents to be used in a proceeding;
(d) representation generally in the conduct of a proceeding.
medical record, for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person’s medical condition, that are maintained by a physician, hospital or other provider of services or facilities for medical treatment.
minor means a person under the age of 18 years.
month has the meaning given by rule 3.03.
National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009.
party means an applicant, respondent or other person included as a party to a proceeding.
person subpoenaed means a person required by a subpoena to produce a document or give evidence.
police record, for a person, means records relating to the person kept by police, including statements, police notes and records of interview.
pro bono lawyer means a lawyer who has agreed to accept a referral under rule 12.01 to provide pro bono legal assistance.
Registrar means a Senior Registrar or Registrar of the Court.
Registrar of the Tribunal includes a person:
(a) who has been appointed as an officer of the Tribunal under section 24PA of the AAT Act; and
(b) to whom powers or functions have been delegated under subsection 10A(3) of the AAT Act.
service by hand means personal service.
the Court or a Judge includes a Judge sitting in chambers.
Tribunal means the Administrative Appeals Tribunal.
vexatious proceeding has the meaning given by subsection 7(1) of the Act.
vexatious proceedings order has the meaning given by subsection 7(1) of the Act.
(1) It is intended that the practice and procedure of the Court in general federal law proceedings be governed principally by these Rules. (2) However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules or the Federal Court (Criminal Proceedings) Rules 2016 in whole or in part and modified or dispensed with, as necessary. (3) Without limiting subrule (2), the provisions of the Federal Court Rules set out in Schedule 1, apply, with necessary changes, to general federal law proceedings.
Note: These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters (see subsection 217(2) of the Act).
(4) These Rules apply as follows: (a) Chapter 1 applies to all general federal law proceedings; (b) Chapter 2 applies to proceedings under the Australian Human Rights Commission Act 1986; (c) Chapter 3 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977, the Administrative Appeals Tribunal Act 1975 and the Migration Act 1958; (d) Chapter 4 applies to proceedings in the Fair Work Division; (e) Chapter 5 applies to proceedings under the National Consumer Credit Protection Act 2009.
Note: For rules relating to bankruptcy proceedings, see the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021.
(5) These Rules do not apply to family law or child support proceedings.
Note: For rules relating to family law or child support proceedings, see the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, as applied by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021.
(1) The Court may in the interests of justice dispense with compliance, or full compliance, with any of these Rules at any time. (2) If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in that proceeding.
A person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if: (a) the procedure is not prescribed by the Act, these Rules or by or under any other Act; or (b) the person is in doubt about the procedure.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Rules are the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.
These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.
(1) The overarching purpose of these Rules, as provided in section 190 of the Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
Note 1: The parties to a proceeding must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose (see section 191 of the Act).
Note 2: These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 190(3) of the Act).
Note 3: The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rule 1.07).
(2) To assist the Court, the parties must: (a) avoid undue delay, expense and technicality; and (b) consider options for primary dispute resolution as early as possible. (3) If appropriate, the Court will help to implement primary dispute resolution.
In these Rules.
AAT Act means the Administrative Appeals Tribunal Act 1975.
Act means the Federal Circuit and Family Court of Australia Act 2021.
address for service, for a party means the address for service given by the party in accordance with rule 6.01.
AD(JR) Act means the Administrative Decisions (Judicial Review) Act 1977.
answers to specific questions includes interrogatories.
application in a proceeding means an application that is made in a proceeding that has already been started under these Rules and is an application for:
(a) an interim order; or
(b) a procedural order; or
(c) an ancillary order; or
(d) an interlocutory order; or
(e) any other incidental order relating to an application or order.
appropriate registry, for a proceeding, means:
(a) the registry in which the application starting the proceeding is filed; or
(b) if the proceeding is transferred to another registry—that registry.
approved form, for a provision of these Rules, means a form approved by the Chief Judge under subrule 2.04(1) for the provision.
authenticate, in relation to an order of the Court, means to sign and seal the order.
authorised Registrar, in relation to a provision of these Rules, means a Registrar authorised in writing by the Chief Executive Officer to exercise the powers or perform the functions of an authorised Registrar under that provision.
Civil Dispute Resolution Act means the Civil Dispute Resolution Act 2011.
corporation includes any artificial person other than an organisation.
Court means the Federal Circuit and Family Court of Australia (Division 2).
criminal record, for a person, means a record of offences for which the person has been found guilty.
discontinuance, in relation to a proceeding, includes withdrawal from the proceeding.
discovery means an obligation to disclose.
electronic communication means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, including an email or an email attachment.
enter, in relation to an order, means to take out or authenticate the order.
Fair Work Commission has the meaning given by section 12 of the Fair Work Act 2009.
family law or child support proceeding has the meaning given by subsection 7(1) of the Act.
Federal Court Rules means the Federal Court Rules 2011.
filing registry, in relation to a proceeding, means the registry of a court in which the proceeding is started or to which the proceeding is transferred.
general federal law proceeding means a proceeding in the Court other than a family law or child support proceeding.
genuine steps statement has the meaning given by section 5 of the Civil Dispute Resolution Act.
Human Rights Act means the Australian Human Rights Commission Act 1986.
interested person, for a subpoena, means a person who might reasonably have an interest in the subject matter of the subpoena.
issuing party, for a subpoena, means the party at whose request a subpoena is issued.
lawyer means a legal practitioner who is entitled to practise in the Court.
legal assistance means any of the following:
(a) advice in relation to a proceeding;
(b) representation at a directions, interlocutory or final hearing or a mediation;
(c) drafting or settling documents to be used in a proceeding;
(d) representation generally in the conduct of a proceeding.
medical record, for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person’s medical condition, that are maintained by a physician, hospital or other provider of services or facilities for medical treatment.
minor means a person under the age of 18 years.
month has the meaning given by rule 3.03.
National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009.
party means an applicant, respondent or other person included as a party to a proceeding.
person subpoenaed means a person required by a subpoena to produce a document or give evidence.
police record, for a person, means records relating to the person kept by police, including statements, police notes and records of interview.
pro bono lawyer means a lawyer who has agreed to accept a referral under rule 12.01 to provide pro bono legal assistance.
Registrar means a Senior Registrar or Registrar of the Court.
Registrar of the Tribunal includes a person:
(a) who has been appointed as an officer of the Tribunal under section 24PA of the AAT Act; and
(b) to whom powers or functions have been delegated under subsection 10A(3) of the AAT Act.
service by hand means personal service.
the Court or a Judge includes a Judge sitting in chambers.
Tribunal means the Administrative Appeals Tribunal.
vexatious proceeding has the meaning given by subsection 7(1) of the Act.
vexatious proceedings order has the meaning given by subsection 7(1) of the Act.
(1) It is intended that the practice and procedure of the Court in general federal law proceedings be governed principally by these Rules. (2) However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules or the Federal Court (Criminal Proceedings) Rules 2016 in whole or in part and modified or dispensed with, as necessary. (3) Without limiting subrule (2), the provisions of the Federal Court Rules set out in Schedule 1, apply, with necessary changes, to general federal law proceedings.
Note: These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters (see subsection 217(2) of the Act).
(4) These Rules apply as follows: (a) Chapter 1 applies to all general federal law proceedings; (b) Chapter 2 applies to proceedings under the Australian Human Rights Commission Act 1986; (c) Chapter 3 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977, the Administrative Appeals Tribunal Act 1975 and the Migration Act 1958; (d) Chapter 4 applies to proceedings in the Fair Work Division; (e) Chapter 5 applies to proceedings under the National Consumer Credit Protection Act 2009.
Note: For rules relating to bankruptcy proceedings, see the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021.
(5) These Rules do not apply to family law or child support proceedings.
Note: For rules relating to family law or child support proceedings, see the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, as applied by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021.
(1) The Court may in the interests of justice dispense with compliance, or full compliance, with any of these Rules at any time. (2) If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in that proceeding.
A person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if: (a) the procedure is not prescribed by the Act, these Rules or by or under any other Act; or (b) the person is in doubt about the procedure.
Chapter 1—All proceedings
These Rules are the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.
These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.
(1) The overarching purpose of these Rules, as provided in section 190 of the Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
Note 1: The parties to a proceeding must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose (see section 191 of the Act).
Note 2: These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 190(3) of the Act).
Note 3: The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rule 1.07).
(2) To assist the Court, the parties must: (a) avoid undue delay, expense and technicality; and (b) consider options for primary dispute resolution as early as possible. (3) If appropriate, the Court will help to implement primary dispute resolution.
In these Rules.
AAT Act means the Administrative Appeals Tribunal Act 1975.
Act means the Federal Circuit and Family Court of Australia Act 2021.
address for service, for a party means the address for service given by the party in accordance with rule 6.01.
AD(JR) Act means the Administrative Decisions (Judicial Review) Act 1977.
answers to specific questions includes interrogatories.
application in a proceeding means an application that is made in a proceeding that has already been started under these Rules and is an application for:
(a) an interim order; or
(b) a procedural order; or
(c) an ancillary order; or
(d) an interlocutory order; or
(e) any other incidental order relating to an application or order.
appropriate registry, for a proceeding, means:
(a) the registry in which the application starting the proceeding is filed; or
(b) if the proceeding is transferred to another registry—that registry.
approved form, for a provision of these Rules, means a form approved by the Chief Judge under subrule 2.04(1) for the provision.
authenticate, in relation to an order of the Court, means to sign and seal the order.
authorised Registrar, in relation to a provision of these Rules, means a Registrar authorised in writing by the Chief Executive Officer to exercise the powers or perform the functions of an authorised Registrar under that provision.
Civil Dispute Resolution Act means the Civil Dispute Resolution Act 2011.
corporation includes any artificial person other than an organisation.
Court means the Federal Circuit and Family Court of Australia (Division 2).
criminal record, for a person, means a record of offences for which the person has been found guilty.
discontinuance, in relation to a proceeding, includes withdrawal from the proceeding.
discovery means an obligation to disclose.
electronic communication means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, including an email or an email attachment.
enter, in relation to an order, means to take out or authenticate the order.
Fair Work Commission has the meaning given by section 12 of the Fair Work Act 2009.
family law or child support proceeding has the meaning given by subsection 7(1) of the Act.
Federal Court Rules means the Federal Court Rules 2011.
filing registry, in relation to a proceeding, means the registry of a court in which the proceeding is started or to which the proceeding is transferred.
general federal law proceeding means a proceeding in the Court other than a family law or child support proceeding.
genuine steps statement has the meaning given by section 5 of the Civil Dispute Resolution Act.
Human Rights Act means the Australian Human Rights Commission Act 1986.
interested person, for a subpoena, means a person who might reasonably have an interest in the subject matter of the subpoena.
issuing party, for a subpoena, means the party at whose request a subpoena is issued.
lawyer means a legal practitioner who is entitled to practise in the Court.
legal assistance means any of the following:
(a) advice in relation to a proceeding;
(b) representation at a directions, interlocutory or final hearing or a mediation;
(c) drafting or settling documents to be used in a proceeding;
(d) representation generally in the conduct of a proceeding.
medical record, for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person’s medical condition, that are maintained by a physician, hospital or other provider of services or facilities for medical treatment.
minor means a person under the age of 18 years.
month has the meaning given by rule 3.03.
National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009.
party means an applicant, respondent or other person included as a party to a proceeding.
person subpoenaed means a person required by a subpoena to produce a document or give evidence.
police record, for a person, means records relating to the person kept by police, including statements, police notes and records of interview.
pro bono lawyer means a lawyer who has agreed to accept a referral under rule 12.01 to provide pro bono legal assistance.
Registrar means a Senior Registrar or Registrar of the Court.
Registrar of the Tribunal includes a person:
(a) who has been appointed as an officer of the Tribunal under section 24PA of the AAT Act; and
(b) to whom powers or functions have been delegated under subsection 10A(3) of the AAT Act.
service by hand means personal service.
the Court or a Judge includes a Judge sitting in chambers.
Tribunal means the Administrative Appeals Tribunal.
vexatious proceeding has the meaning given by subsection 7(1) of the Act.
vexatious proceedings order has the meaning given by subsection 7(1) of the Act.
(1) It is intended that the practice and procedure of the Court in general federal law proceedings be governed principally by these Rules. (2) However, if in a particular case the Rules are insuff
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