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Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 | Zoe
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Sections Documents Version History1 Conflicts Related
Div 1
2—General powers of the Court Division 1.2—General powers of the Court
1.07 Court to have regard to nature and complexity of proceeding
1.08 Court may make any order it considers appropriate in the interests of justice
1.09 Orders may be subject to conditions
1.10 Court may dispense with Rules
1.11 Orders inconsistent with Rules
1.12 Orders other than in open court
1.13 Application for orders about procedures
1.14 Fixing of time by Court
1.15 Extension or shortening of time fixed
1.16 Exercise of Court’s power
1.17 Other orders the Court may make
1.18 Orders may include consequences of non‑compliance
1.19 Practice directions
Division 1.3—Interpretation
1.20 Definitions—the Dictionary
1.21 References to Forms
1.22 Calculating time
Part 2
Registry and documents Part 2—Registry and documents
Div 2
1—Registry Division 2.1—Registry
2.01 Use of seal of Court
2.02 Seal or stamp of Court
2.03 Methods of attaching the seal or stamp
2.04 Transfer of proceeding to another place
Division 2.2—Documents
2.05 Formal requirements for documents
2.06 Forms
2.07 Title of documents
2.08 Document must have distinctive number
2.09 Document to be signed
2.10 Details included in document
2.11 Documents not in English
Division 2.3—Lodging and filing documents
2.12 How documents may be lodged with the Court for filing
2.13 Providing a document electronically
2.14 Faxing a document
2.15 When is a document filed
2.16 Refusal to accept document for filing
2.17 When documents will not be accepted in a registry
2.18 Documents accepted for filing—removal from Court file and storage
2.19 Documents on a Court file—removal, redaction and storage
Division 2.4—Custody and inspection of documents
2.20 Custody of documents
2.21 Inspection of documents
Division 2.5—Administration of money paid into Court and money paid out
2.22 Dealing with money paid into Court
2.23 Payment out of Litigants’ Fund
Part 3
Registrars Div 3
1—Powers of Registrars Division 3.1—Powers of Registrars
3.01 Delegation of powers to Registrars
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
Division 3.2—Reviewing a Registrar’s exercise of power
3.05 Application for review of a Registrar’s exercise of power
3.06 Time for application for review
3.07 No stay of power under review
3.08 Procedure for review
Part 4
Lawyers Div 4
1—Legal representation Division 4.1—Legal representation
4.01 Proceeding by lawyer or in person
4.02 Appointment of a lawyer—during a proceeding
4.03 Change of lawyer—during a proceeding
4.04 Removal of lawyer and no new lawyer appointed
4.05 Withdrawal as lawyer
Division 4.2—Court referral for legal assistance
4.06 Referral for legal assistance
4.07 A party has no right to apply for a referral
4.08 Acceptance of referral and provision of legal assistance
4.09 Ceasing to provide legal assistance
4.10 Disbursements
Part 5
Court supervision of proceedings Part 5—Court supervision of proceedings
Div 5
1—First court date and directions Division 5.1—First court date and directions
5.01 Parties to attend Court on first court date
5.02 Parties to file notice of address for service before first court date
5.03 Making directions
5.04 Application for directions—cross‑claims
5.05 Interlocutory orders
5.06 Hearing and determination of matter at directions hearing
Division 5.2—Orders on default
5.07 Self‑executing orders
5.08 When an applicant is in default
5.09 When a respondent is in default
5.10 Orders on default—applicant
5.11 Orders on default—respondent
5.12 Court’s powers in relation to contempt not affected
Part 6
Court supervision of parties and other persons Part 6—Court supervision of parties and other persons
Div 6
1—Vexatious proceedings Division 6.1—Vexatious proceedings
6.01 Scandalous, vexatious or oppressive matter
6.02 Certificate of vexatious proceedings order
6.03 Application for leave to institute proceedings
Division 6.2—Use of communication and recording devices in Court
6.04 Use of communication device or recording device in place where hearing taking place
6.05 Contempt
Chapter 2—Proceedings generally
Part 7—Orders before start of a proceeding
Division 7.1—General
7.01 Application for order before start of proceeding
Div 7
2—Freezing orders Division 7.2—Freezing orders
7.02 Freezing order
7.03 Ancillary order
7.04 Order may be against person not a party to proceeding
7.05 Order against judgment debtor or prospective judgment debtor or third party
7.06 Jurisdiction
7.07 Service outside Australia of application for freezing order or ancillary order
7.08 Costs
Division 7.3—Search orders
7.09 Search order
7.10 Requirements for grant of search order
7.11 Jurisdiction
7.12 Terms of search order
7.13 Independent lawyers
7.14 Costs
Part 8
Starting a proceeding Part 8—Starting a proceeding
Div 8
1—Originating applications Division 8.1—Originating applications
8.01 Starting a proceeding—originating application
8.02 Applicant’s genuine steps statement
8.03 Application to state relief claimed
8.04 Accompanying document for originating application
8.05 Service of originating documents
8.06 Changing first court date
Division 8.2—Notice of constitutional matter
8.07 Notice of constitutional matter
8.08 Service of notice
Division 8.3—Amendment of originating application
8.09 Amendment generally
8.10 Amendment after limitation period
8.11 Date on which amendment to substitute a party takes effect
8.12 Procedure for amending an originating application
8.13 Time for amending an originating application under Court order
8.14 Service of amended originating application
Division 8.4—Responding to originating application
8.15 Response to originating application
8.16 Respondent’s genuine steps statement
Division 8.5—Making a cross‑claim
8.17 Cross‑claim by respondent when filing a response
8.18 Cross‑claim by respondent after filing a response
8.19 Statement of cross‑claim or affidavit to accompany response
8.20 Relief sought in cross‑claim
8.21 Service on cross‑respondent
8.22 Cross‑respondent’s reply to cross‑claim
8.23 Conduct of proceeding after cross‑claim is filed
8.24 Separate proceeding in relation to cross‑claim
8.25 Cross‑claim for contribution or indemnity
8.26 Hearings in relation to cross‑claims
8.27 Co‑cross‑respondents
Division 8.6—Amending a response, including a cross‑claim
8.28 Amendment generally
8.29 Procedure for amending a response
8.30 Time for amending response under Court order
8.31 Service by respondent of amended response
Part 9
Parties and proceedings Part 9—Parties and proceedings
Div 9
1—Parties, interveners and causes of action Division 9.1—Parties, interveners and causes of action
9.01 Multiple causes of action
9.02 Joinder in proceedings involving common questions etc
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—Partnerships
9.13 Proceeding by or against partners in partnership name
9.14 Disclosure of partners’ names
9.15 Proceeding between members of partnerships
9.16 Denial by person served as partner
9.17 Response to be in partnership name
9.18 Entry of order
Division 9.3—Business name proceedings
9.19 Proceeding against a person who carries on a business under a business name
9.20 Proceeding against a business name
9.21 Proceeding under this Division or Division 9.2
9.22 Amendment of parties
9.23 Variation of order
9.24 Order for discovery—proceeding brought against a person in the person’s business name
Division 9.4—Litigation guardians
9.25 Person who needs a litigation guardian
9.26 Proceeding by or against person who needs a litigation guardian
9.27 Persons who may be a litigation guardian
9.28 Appointment of litigation guardian by the Court
9.29 Manager of the affairs of a party
9.30 Consent to be filed
9.31 Removal of litigation guardian by the Court
9.32 Conduct of proceeding
9.33 No deemed admissions
9.34 Discovery and interrogatories
9.35 Payment into Court
9.36 Compromise or settlement of matter in proceeding
9.37 Application by litigation guardian for approval of agreement
9.38 Costs and expenses of litigation guardian
Part 10
Service Div 10
1—Personal 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 on a person who needs a litigation guardian
10.08 Personal service on a person who needs a litigation guardian
10.09 Deemed service of originating application
10.10 Refusal to accept document served personally
Division 10.2—Service other than by personal service
10.11 Identity of person served
10.12 Acceptance of service by lawyer
10.13 Deemed service
10.14 Substituted service
10.15 Service by Court
10.16 Service of interlocutory injunction
10.17 Service under agreement
Division 10.3—Ordinary service
10.18 Ordinary service
10.19 Time of service
Division 10.4—Address for service
10.20 Address for service
10.21 Address for service—corporations
10.22 Address for service—partnership
10.23 Address for service—proceeding against person in person’s business name
10.24 Receivers
10.25 When must notice of address for service be filed
10.26 How to file notice of address for service
10.27 Service of notice of address for service
10.28 Change of address for service
Division 10.5—Evidence of service
10.29 Affidavit of service
Part 11
Submitting notices Part 11—Submitting notices
11.01 Submitting notice
Part 12
Jurisdiction—setting aside originating application Part 12—Jurisdiction—setting aside originating application
12.01 Setting aside originating application etc
Part 13
Pleadings Div 13
1—General Division 13.1—General
13.01 Application of Division 13.1
13.02 Pleading to include name of person who prepared it
13.03 Content of pleadings—general
13.04 Pleading of facts
13.05 References to documents or spoken words
13.06 Conditions precedent
13.07 Inconsistent allegations or claims
13.08 Admissions, denials and deemed admissions
13.09 Matters that must be expressly pleaded
13.10 Defence of tender before start of proceeding
13.11 Defence claiming set‑off
13.12 Joinder of issue
13.13 Close of pleadings
13.14 Alternative accompanying documents
Division 13.2—Striking out pleadings
13.15 Application to strike out pleadings
Division 13.3—Progress of pleadings
13.16 Application of Division 13.3
13.17 Reply
Division 13.4—Particulars
13.18 Application of Division 13.4
13.19 General
13.20 Fraud, misrepresentation etc
13.21 Conditions of mind
13.22 Damages and exemplary damages
13.23 Application for order for particulars
Division 13.5—Amendment of pleadings
13.24 Amendment without needing the leave of the Court
13.25 Disallowance of amendment of pleading
13.26 Application for leave to amend
13.27 Date on which amendment takes effect
13.28 Consequential amendment of defence
13.29 Consequential amendment of reply
13.30 Implied joinder of issue after amendment
13.31 Time for amending pleading under Court order
13.32 Procedure for making amendment to pleading
13.33 Service of amendment
Part 14
Interlocutory applications Part 14—Interlocutory applications
14.01 Interlocutory application
14.02 Reliance on correspondence or undisputed documents
14.03 Service on others
14.04 Hearing and determination of interlocutory application—absence of party
Part 15
Security for costs Part 15—Security for costs
15.01 Application for an order for security for costs
Part 16
Discovery, inspection of documents and interrogatories Part 16—Discovery, inspection of documents and interrogatories
Div 16
1—General Division 16.1—General
16.01 Declaration to allow discovery
16.02 Provision of documents without Court order
16.03 Withholding documents on public interest grounds
16.04 Privilege
16.05 Undertakings or orders applying to documents
Division 16.2—Discovery
16.06 Application for discovery
16.07 Order for discovery
16.08 Claim of privilege
16.09 Giving discovery
16.10 List of documents
16.11 Order for discovery for particular documents
Division 16.3—Production for inspection
16.12 Notice to produce document in pleading or affidavit
16.13 Order for production from party
16.14 Copying of documents produced for inspection
16.15 Production to Court
Division 16.4—Interrogatories
16.16 Declaration to allow interrogatories
Part 17
Evidence Div 17
1—General Division 17.1—General
17.01 Decisions without oral hearing
17.02 Transcript receivable in evidence
Division 17.2—Admissions
17.03 Notice to admit facts or documents
17.04 Notice disputing facts or documents
17.05 Disputing party to pay costs if document is proved etc
17.06 Facts or documents taken to be admitted if not disputed
17.07 Deemed admission
17.08 Withdrawal of admission
Division 17.3—Affidavits
17.09 When affidavit may be sworn or affirmed
17.10 Form of affidavit
17.11 Documents annexed or exhibited to an affidavit
17.12 Content of affidavit
17.13 Affidavit of person who is illiterate or vision impaired or has a disability
17.14 Service of exhibits and annexures
17.15 Irregularity in form
17.16 Use of affidavit without cross‑examination of maker
Division 17.4—Expert evidence
17.17 Appointment of Court expert
17.18 Court expert’s remuneration and expenses
17.19 Court expert’s report
17.20 Further expert evidence
17.21 Provision of guidelines to an expert
17.22 Contents of an expert report
17.23 Application for expert report
17.24 Expert evidence for 2 or more parties
Part 18
Subpoenas Div 18
1—Leave to issue subpoena Division 18.1—Leave to issue subpoena
18.01 Limit on number of subpoenas
18.02 Leave to issue subpoena
Division 18.2—Subpoenas to give evidence and to produce documents
18.03 Definitions for Division 18.2
18.04 Issuing of subpoena
18.05 Form of subpoena
18.06 Time limit for service of subpoena
18.07 Subpoena addressed to a corporation
18.08 Change of date for attendance or production
18.09 Setting aside subpoena
18.10 Service
18.11 Compliance with subpoena
18.12 Production otherwise than on attendance
18.13 Removal, return, inspection, copying and disposal of documents and things
18.14 Production of documents and access by parties
18.15 Inspection of, and dealing with, documents and things produced otherwise than on attendance
18.16 Return of documents and things produced
18.17 Costs and expenses of compliance
18.18 Failure to comply with subpoena—contempt of court
18.19 Documents and things in custody of another court
Part 19
Offers to settle Part 19—Offers to settle
19.01 Offer to compromise
19.02 Notice to be signed
19.03 Offer to compromise—content
19.04 Offer to be paid within 28 days
19.05 Timing of offer
19.06 No communication to Court of offer
19.07 Withdrawal of offer
19.08 Acceptance of offer
19.09 Withdrawal of acceptance
19.10 Failure to comply with offer
19.11 Multiple respondents
19.12 Costs
19.13 Application
Part 20
Transfer of proceedings Part 20—Transfer of proceedings
20.01 Transfer to Federal Court
Part 21
Dispute resolution Part 21—Dispute resolution
Div 21
1—General Division 21.1—General
21.01 Dispute resolution processes
21.02 Orders that may be sought
21.03 Mediation and arbitration
21.04 Attendance in person
21.05 Court may end mediation or arbitration
21.06 Application by interlocutory application
21.07 Parties may refer proceeding to conciliation, mediation, arbitration or other dispute resolution process
21.08 Agreement reached by dispute resolution process
Division 21.2—Mediation
21.09 Nomination of mediator
21.10 Court may appoint a new mediator
21.11 Conduct of mediation
21.12 Report if only part of proceeding to be mediated
21.13 Mediator may end mediation
Division 21.3—Referral of matter to officer of the Court
21.14 Court may refer matter
Part 22
Hearings Div 22
1—Separate decision on question Division 22.1—Separate decision on question
22.01 Application for separate question to be heard
22.02 Disposal of proceeding after hearing separate questions
Division 22.2—Consolidation
22.03 Consolidation of proceedings before trial
Division 22.3—Absence of party
22.04 Absence of party at hearing
22.05 No appearance by any party
Division 22.4—Trial
22.06 Trial limitations
22.07 Death before judgment
22.08 Evidence in other proceedings
22.09 Plans, photographs and models
22.10 Consent
22.11 Notice to produce
22.12 Parties in lawful custody
22.13 Attendance and production
Part 23
Finalising a proceeding Part 23—Finalising a proceeding
Div 23
1—Withdrawal and discontinuance Division 23.1—Withdrawal and discontinuance
23.01 Withdrawal of defence etc
23.02 Discontinuance
23.03 Service of notice
23.04 Effect of discontinuance
23.05 Costs
23.06 Stay of proceeding until costs paid
Division 23.2—Consent orders
23.07 Consent orders
Division 23.3—Summary orders
23.08 Summary judgment
23.09 Dismissal for want of prosecution
23.10 Stay of subsequent proceeding until costs paid
Part 24
Orders Div 24
1—Judgments and orders Division 24.1—Judgments and orders
24.01 Date of effect of judgment or order
24.02 Time for compliance with orders
24.03 Varying or setting aside a judgment or order before it has been entered
24.04 Varying or setting aside a judgment or order after it has been entered
24.05 Interest on judgment
24.06 Orders dealing with failure to fulfil undertakings
Division 24.2—Entry of judgments and orders
24.07 When entry is required
24.08 Entry of an order
Chapter 3—Special classes of proceedings
Part 25—Proceedings under the Migration Act
Division 25.1—Preliminary
25.01 Definitions for Part 25
25.02 Application of Part 25
Div 25
2—Matters started in the Court Division 25.2—Matters started in the Court
25.03 Application of Division 25.2
25.04 Application for judicial review of migration decision
25.05 Response to application for judicial review of migration decision
Division 25.3—Matters remitted by the High Court
25.06 Application of Division 25.3
25.07 Filing of order of remittal
25.08 Service of notice and order
Division 25.4—General
25.09 Stay of proceeding
25.10 Directions and orders
25.11 Varying or setting aside judgment or order
25.12 Judgment delivered orally
25.13 Writs
25.14 Costs
25.15 Advocacy certificate
25.16 Death of an applicant
Part 26
Judicial review under the AD(JR) Act Part 26—Judicial review under the AD(JR) Act
26.01 Application of Part 26
26.02 Application for order of review
26.03 Application for extension of time
26.04 Application for stay of proceeding
26.05 Documents to be filed
26.06 Service
26.07 Notice of objection to competency
Part 27
Administrative Review Tribunal appeals Part 27—Administrative Review Tribunal appeals
27.01 Application of Part 27
27.02 Application for leave to raise other questions of law or rely on other grounds
27.03 Application for stay of ART decision
27.04 No statement of reasons for decision
27.05 Notice of cross‑appeal
27.06 Notice of contention
27.07 Directions hearing
27.08 Preparation of appeal papers
27.09 Further evidence on appeal
27.10 Notice of objection to competency of appeal
27.11 Discontinuance of appeal
27.12 Application to dismiss appeal
27.13 Absence of party
Part 28
Human rights proceedings: proceedings alleging unlawful discrimination Part 28—Human rights proceedings: proceedings alleging unlawful discrimination
28.01 Application of Part 28
28.02 Interpretation
28.03 Starting a proceeding—originating application and claim
28.04 Copy of originating application to be given to Human Rights Commission
28.05 Form of response to application
28.06 Appearance by special‑purpose Commissioner
Part 29
Small claims applications under the National Consumer Credit Protection Act Part 29—Small claims applications under the National Consumer Credit Protection Act
29.01 Small claims proceeding—National Consumer Credit Protection Act
29.02 Starting a National Consumer Credit Protection Act small claims proceeding
29.03 Representation for corporations—National Consumer Credit Protection Act small claims proceeding
Part 30
Intellectual property Part 30—Intellectual property
Div 30
1—General Division 30.1—General
30.01 Application of Part 30
30.02 Appearance by Commissioner
30.03 Starting an appeal—filing and service of notice of appeal
30.04 Application for extension of time to file notice of appeal
30.05 Grounds of appeal or particulars not stated in notice of appeal
30.06 Notice of cross‑appeal
30.07 Notice of contention
30.08 Provision of documents by Commissioner
30.09 Evidence
Division 30.2—Particular requirements
30.10 Infringement of copyright—particulars
30.11 Infringement of registered designs—particulars
30.12 Application for compulsory licence—Designs Act
30.13 Revocation of registration or rectification of Register—Designs Act
30.14 Infringement of PBR—particulars
30.15 Infringement of registered trade marks—particulars
30.16 Dispute of validity of registration of trade mark—particulars of invalidity
Part 31
Fair Work Division Part 31—Fair Work Division
Div 31
1—General Division 31.1—General
31.01 Expressions used in Part 31
31.02 Application of Part 31
Division 31.2—Contraventions of the Fair Work Act
31.03 Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, subsection 539(2), table item 11)
31.04 Application in relation to alleged unlawful termination of employment (Fair Work Act, subsection 539(2), table item 35)
31.05 Application in relation to alleged discrimination (Fair Work Act, subsection 539(2), table item 11)
31.06 Application in relation to alleged sexual harassment (Fair Work Act, subsection 539(2), table item 27A)
31.07 Application in relation to other alleged contraventions of the Fair Work Act general protections
31.08 Application in relation to other alleged contraventions of the Fair Work Act
Division 31.3—Contraventions of the Registered Organisations Act
31.09 Application in relation to taking a reprisal (Registered Organisations Act, section 337BB)
Division 31.4—Small claims applications under the Fair Work Act
31.10 Small claims procedure
31.11 Starting a Fair Work Act small claims proceeding
31.12 Representation for corporations—Fair Work Act small claims proceeding
Division 31.5—Proceedings under the Federal Safety Commissioner Act
31.13 Application for order under section 81 of the Federal Safety Commissioner Act
Chapter 4—Costs, enforcement and contempt
Part 32—Costs
Division 32.1—General
32.01 Order for costs
32.02 Determining costs
32.03 Costs reserved
32.04 Costs if a proceeding is transferred
32.05 Order for costs against lawyer
Div 32
2—Calculation of costs Division 32.2—Calculation of costs
32.06 Application of Division 32.2
32.07 Costs and disbursements
32.08 Interest on outstanding costs
32.09 Taxation of costs
32.10 Expenses for attendance by witness
32.11 Expenses for preparation of report by expert
32.12 Solicitor as advocate
32.13 Advocacy certificate
32.14 Counsel as advocate
Division 32.3—Determination of maximum costs
32.15 Maximum costs in a proceeding
Part 33
Enforcement Div 33
1—General Division 33.1—General
33.01 Application without notice for directions
33.02 Condition precedent not fulfilled
33.03 Application for stay of judgment or order
33.04 Failure to comply with Court order
33.05 Failure to attend Court in response to subpoena or order
33.06 Endorsement on order
33.07 Service of order
33.08 Application where person does not comply with order
33.09 Substituted performance
33.10 Execution generally
33.11 Stay of execution
Division 33.2—Enforcement against partnership
33.12 Execution of order against partnership
33.13 Execution against individual partner
33.14 Application to proceeding between co‑partners
Division 33.3—Enforcement against business name
33.15 Execution of order—proceeding against person in person’s business name
Part 34
Contempt More sections below
Source text: opening excerpt Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025
We, Judges of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.
Dated 4 August 2025
Chief Judge Alstergren AO
Deputy Chief Judge McClelland AO
Deputy Chief Judge Mercuri
Judge Hughes
Judge Riley
Judge Cameron
Judge Kelly
Judge Dunkley
Judge Monahan
Judge Harland
Judge Manousaridis
Judge Vasta
Judge Middleton
Judge Egan
Judge Kendall AM
Judge Blake
Judge D Humphreys CSC OAM
Judge Morley
Judge O’Shannessy
Judge Bowrey OAM
Judge Taglieri
Judge Cope
Judge Forbes
Judge Symons
Judge Ladhams
Judge Murdoch
Judge McGinn
Judge Carty
Judge Given
Judge Mansfield
Judge Glass
Judge Eldershaw
Judge Mansini
Judge Laing
Judge Champion
Judge Lioumis
Judge Liveris
Judge Bingham
Judge Corbett
Judge Gostencnik
Judge McCabe
Judge Skaros
Judge Papadopoulos
Judge Kaur-Bains
Judge Zipser
Judge Leishman
Judge Fary
Judge Johns OAM
Judge Cleary
Judge Marquard
Judges of the Federal Circuit and Family Court of Australia (Division 2)
Contents
Chapter 1—Introductory provisions
Part 1—Preliminary
Division 1.1—General
1.01 Name
1.02 Commencement
Broad delegations of powers to Registrars in Schedule 1 (for example: summary judgment, transfer to the Federal Court, many case‑management and interlocutory powers); Registrars may exercise many functions without reference to a Judge (rule 3.01 and Schedule 1).
Costs rules and a published Schedule of recoverable costs and disbursements (Schedule 2) that set fixed amounts for many common stages (see Schedule 2, and rules 32.07 and 32.15 on calculation and limits).
Special procedural tracks for migration judicial review (Part 25), AD(JR) Act judicial review (Part 26), ART appeals (Part 27), human rights discrimination matters (Part 28), intellectual property, Fair Work matters and small claims (Parts 29–31).
The Court may dispense with or make orders inconsistent with these Rules (rules 1.10–1.11) and may issue practice directions (rule 1.19).
Litigants and lawyers in Division 2 general federal law matters: all private parties, corporations, government bodies and administrative decision‑makers involved in non‑family federal litigation in this Court.
Court officers and Registrars: Schedule 1 expands routine delegated powers to Registrars, shifting more procedural work from Judges to Registrars (rule 3.01, Schedule 1).
Service providers and technology users: mandatory electronic lodgement (rule 2.12) and electronic service provisions (rules 2.13, 10.18) affect how law firms, in‑house counsel and self‑represented litigants interact with the Court.
Applicants in particular subject areas: migration, Fair Work, ART appeals, IP, consumer credit and small claims have bespoke procedural rules that change document, time and evidence requirements (Parts 25, 26, 27, 30, 29, 31).
Parties relying on discovery or broad subpoena practices: discovery requires Court declaration (rule 16.01), and subpoenas are numerically limited (rule 18.01), so traditional discovery strategies may be curtailed.
Why it matters (claimed purpose, and practical consequences)
The Rules explicitly state their purpose is faster, cheaper and more efficient justice (rule 1.05). The text adopts several mechanisms to pursue that aim: tighter case management, more Registrar decision‑making to remove bottlenecks (Schedule 1), mandatory e‑lodgement to speed filing (rule 2.12), caps and fixed cost items to make recoverable costs more predictable (Schedule 2), and a higher threshold for full discovery (rule 16.01) to reduce document burdens.
Trade‑offs and implementation risks:
Compliance burden and access: requiring electronic lodgement (rule 2.12) and specifying approved formats (rule 2.13) should lower administrative delay but imposes equipment, software and training costs on small firms and litigants in person; the Court retains discretion to allow non‑electronic lodging when impracticable (rule 2.12(2)).
Administrative discretion vs consistency: wide delegations to Registrars (rule 3.01, Schedule 1) speed routine decisions but increase administrative discretion and the risk of inconsistent outcomes between registries unless tightly guided by practice directions and oversight.
Evidence and litigation strategy: discovery only after a Court declaration (rule 16.01) and limits on subpoenas (rule 18.01) reduce mass disclosure and expense but can constrain fact‑finding in complex commercial or IP disputes — parties may need to rely more on targeted applications (e.g. preliminary discovery under rule 7.01(2)(c)).
Costs and access to counsel: fixed cost items (Schedule 2) make recovery predictable and may discourage inflated billing, but they also limit the amounts a successful litigant can recover from an opponent (rule 32.07). That changes the economics of bringing or defending claims, particularly for complex, fact‑heavy matters where actual legal work may exceed fixed recoverable amounts.
ADR encouragement: genuine steps statements (rules 8.02 and 8.16) and mandatory early consideration of dispute resolution (rule 21.01) create incentives to mediate, which can save money and time but may require parties to expend resources up front to show compliance.
Procedural stratification: the Rules create many special tracks (migration, Fair Work, IP, small claims) that allocate bespoke timelines and forms. That improves subject‑matter fit but increases procedural complexity for practitioners who work across domains.
Concrete practical points (who pays, who decides, likely behaviour changes)
Who pays: parties will bear increased digital and compliance costs (e‑lodgement, shorter time frames for service, required forms). Successful parties will have a clearer—but sometimes lower—basis for recovering costs because of Schedule 2 and maximum cost orders (rules 32.07; 32.15; Schedule 2).
Who decides: Registrars are empowered to decide many interlocutory, procedural and even some substantive steps (rule 3.01; Schedule 1). Judges retain control of major questions but routine and many dispositive case‑management decisions move to registrars.
Behaviour changes: lawyers will be incentivised to narrow pleadings and documents early (rule 13.03), to attempt settlement/ADR early (rules 8.02, 21.01), and to avoid broad discovery or subpoena fishing (rules 16.01, 18.01). Some litigants may choose different forums (see transfer provisions, rule 20.01) if costs or procedure make Division 2 unattractive.
Caveats and limits on my summary
The Rules operate alongside the Federal Circuit and Family Court of Australia Act 2021 and multiple other statutes (the Rules cross‑refer heavily: e.g. Migration Act, AD(JR) Act, Fair Work Act). Many powers are framed to operate only to the extent permitted by those Acts (see rule 1.06 note and numerous Part headings). Where the Rules use Court discretion (rules 1.10–1.11), their practical effect depends on judicial and Registrar practice directions and enforcement.
(Selected section citations: overarching purpose rule 1.05; e‑lodgement rule 2.12; discovery declaration rules 16.01 and 16.16; subpoena limit rule 18.01; Registrar delegations rule 3.01 and Schedule 1; costs rules 32.07, 32.15 and Schedule 2; special tracks Parts 25–31.)
1—Powers of Registrars
Division 1.2—General powers of the Court
1.07 Court to have regard to nature and complexity of proceeding
1.08 Court may make any order it considers appropriate in the interests of justice
1.09 Orders may be subject to conditions
1.10 Court may dispense with Rules
1.11 Orders inconsistent with Rules
1.12 Orders other than in open court
1.13 Application for orders about procedures
1.14 Fixing of time by Court
1.15 Extension or shortening of time fixed
1.16 Exercise of Court’s power
1.17 Other orders the Court may make
1.18 Orders may include consequences of non‑compliance
Division 1.3—Interpretation
1.20 Definitions—the Dictionary
Part 2—Registry and documents
2.01 Use of seal of Court
2.02 Seal or stamp of Court
2.03 Methods of attaching the seal or stamp
2.04 Transfer of proceeding to another place
2.05 Formal requirements for documents
2.08 Document must have distinctive number
2.09 Document to be signed
2.10 Details included in document
2.11 Documents not in English
Division 2.3—Lodging and filing documents
2.12 How documents may be lodged with the Court for filing
2.13 Providing a document electronically
2.15 When is a document filed
2.16 Refusal to accept document for filing
2.17 When documents will not be accepted in a registry
2.18 Documents accepted for filing—removal from Court file and storage
2.19 Documents on a Court file—removal, redaction and storage
Division 2.4—Custody and inspection of documents
2.20 Custody of documents
2.21 Inspection of documents
Division 2.5—Administration of money paid into Court and money paid out
2.22 Dealing with money paid into Court
2.23 Payment out of Litigants’ Fund
Division 3.1—Powers of Registrars
3.01 Delegation of powers to Registrars
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
Division 3.2—Reviewing a Registrar’s exercise of power
3.05 Application for review of a Registrar’s exercise of power
3.06 Time for application for review
3.07 No stay of power under review
3.08 Procedure for review
Division 4.1—Legal representation
4.01 Proceeding by lawyer or in person
4.02 Appointment of a lawyer—during a proceeding
4.03 Change of lawyer—during a proceeding
4.04 Removal of lawyer and no new lawyer appointed
4.05 Withdrawal as lawyer
Division 4.2—Court referral for legal assistance
4.06 Referral for legal assistance
4.07 A party has no right to apply for a referral
4.08 Acceptance of referral and provision of legal assistance
4.09 Ceasing to provide legal assistance
Part 5—Court supervision of proceedings
Division 5.1—First court date and directions
5.01 Parties to attend Court on first court date
5.02 Parties to file notice of address for service before first court date
5.04 Application for directions—cross‑claims
5.05 Interlocutory orders
5.06 Hearing and determination of matter at directions hearing
Division 5.2—Orders on default
5.07 Self‑executing orders
5.08 When an applicant is in default
5.09 When a respondent is in default
5.10 Orders on default—applicant
5.11 Orders on default—respondent
5.12 Court’s powers in relation to contempt not affected
Part 6—Court supervision of parties and other persons
Division 6.1—Vexatious proceedings
6.01 Scandalous, vexatious or oppressive matter
6.02 Certificate of vexatious proceedings order
6.03 Application for leave to institute proceedings
Division 6.2—Use of communication and recording devices in Court
6.04 Use of communication device or recording device in place where hearing taking place
Chapter 2—Proceedings generally
Part 7—Orders before start of a proceeding
7.01 Application for order before start of proceeding
Division 7.2—Freezing orders
7.04 Order may be against person not a party to proceeding
7.05 Order against judgment debtor or prospective judgment debtor or third party
7.07 Service outside Australia of application for freezing order or ancillary order
Division 7.3—Search orders
7.10 Requirements for grant of search order
7.12 Terms of search order
Part 8—Starting a proceeding
Division 8.1—Originating applications
8.01 Starting a proceeding—originating application
8.02 Applicant’s genuine steps statement
8.03 Application to state relief claimed
8.04 Accompanying document for originating application
8.05 Service of originating documents
8.06 Changing first court date
Division 8.2—Notice of constitutional matter
8.07 Notice of constitutional matter
Division 8.3—Amendment of originating application
8.10 Amendment after limitation period
8.11 Date on which amendment to substitute a party takes effect
8.12 Procedure for amending an originating application
8.13 Time for amending an originating application under Court order
8.14 Service of amended originating application
Division 8.4—Responding to originating application
8.15 Response to originating application
8.16 Respondent’s genuine steps statement
Division 8.5—Making a cross‑claim
8.17 Cross‑claim by respondent when filing a response
8.18 Cross‑claim by respondent after filing a response
8.19 Statement of cross‑claim or affidavit to accompany response
8.20 Relief sought in cross‑claim
8.21 Service on cross‑respondent
8.22 Cross‑respondent’s reply to cross‑claim
8.23 Conduct of proceeding after cross‑claim is filed
8.24 Separate proceeding in relation to cross‑claim
8.25 Cross‑claim for contribution or indemnity
8.26 Hearings in relation to cross‑claims
8.27 Co‑cross‑respondents
Division 8.6—Amending a response, including a cross‑claim
8.29 Procedure for amending a response
8.30 Time for amending response under Court order
8.31 Service by respondent of amended response
Part 9—Parties and proceedings
Division 9.1—Parties, interveners and causes of action
9.01 Multiple causes of action
9.02 Joinder in proceedings involving common questions etc
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
Division 9.2—Partnerships
9.13 Proceeding by or against partners in partnership name
9.14 Disclosure of partners’ names
9.15 Proceeding between members of partnerships
9.16 Denial by person served as partner
9.17 Response to be in partnership name
Division 9.3—Business name proceedings
9.19 Proceeding against a person who carries on a business under a business name
9.20 Proceeding against a business name
9.21 Proceeding under this Division or Division 9.2
9.22 Amendment of parties
9.24 Order for discovery—proceeding brought against a person in the person’s business name
Division 9.4—Litigation guardians
9.25 Person who needs a litigation guardian
9.26 Proceeding by or against person who needs a litigation guardian
9.27 Persons who may be a litigation guardian
9.28 Appointment of litigation guardian by the Court
9.29 Manager of the affairs of a party
9.31 Removal of litigation guardian by the Court
9.32 Conduct of proceeding
9.33 No deemed admissions
9.34 Discovery and interrogatories
9.36 Compromise or settlement of matter in proceeding
9.37 Application by litigation guardian for approval of agreement
9.38 Costs and expenses of litigation guardian
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 on a person who needs a litigation guardian
10.08 Personal service on a person who needs a litigation guardian
10.09 Deemed service of originating application
10.10 Refusal to accept document served personally
Division 10.2—Service other than by personal service
10.11 Identity of person served
10.12 Acceptance of service by lawyer
10.14 Substituted service
10.16 Service of interlocutory injunction
10.17 Service under agreement
Division 10.3—Ordinary service
Division 10.4—Address for service
10.20 Address for service
10.21 Address for service—corporations
10.22 Address for service—partnership
10.23 Address for service—proceeding against person in person’s business name
10.25 When must notice of address for service be filed
10.26 How to file notice of address for service
10.27 Service of notice of address for service
10.28 Change of address for service
Division 10.5—Evidence of service
10.29 Affidavit of service
Part 11—Submitting notices
Part 12—Jurisdiction—setting aside originating application
12.01 Setting aside originating application etc
13.01 Application of Division 13.1
13.02 Pleading to include name of person who prepared it
13.03 Content of pleadings—general
13.05 References to documents or spoken words
13.06 Conditions precedent
13.07 Inconsistent allegations or claims
13.08 Admissions, denials and deemed admissions
13.09 Matters that must be expressly pleaded
13.10 Defence of tender before start of proceeding
13.11 Defence claiming set‑off
13.14 Alternative accompanying documents
Division 13.2—Striking out pleadings
13.15 Application to strike out pleadings
Division 13.3—Progress of pleadings
13.16 Application of Division 13.3
Division 13.4—Particulars
13.18 Application of Division 13.4
13.20 Fraud, misrepresentation etc
13.22 Damages and exemplary damages
13.23 Application for order for particulars
Division 13.5—Amendment of pleadings
13.24 Amendment without needing the leave of the Court
13.25 Disallowance of amendment of pleading
13.26 Application for leave to amend
13.27 Date on which amendment takes effect
13.28 Consequential amendment of defence
13.29 Consequential amendment of reply
13.30 Implied joinder of issue after amendment
13.31 Time for amending pleading under Court order
13.32 Procedure for making amendment to pleading
13.33 Service of amendment
Part 14—Interlocutory applications
14.01 Interlocutory application
14.02 Reliance on correspondence or undisputed documents
14.04 Hearing and determination of interlocutory application—absence of party
Part 15—Security for costs
15.01 Application for an order for security for costs
Part 16—Discovery, inspection of documents and interrogatories
16.01 Declaration to allow discovery
16.02 Provision of documents without Court order
16.03 Withholding documents on public interest grounds
16.05 Undertakings or orders applying to documents
16.06 Application for discovery
16.07 Order for discovery
16.11 Order for discovery for particular documents
Division 16.3—Production for inspection
16.12 Notice to produce document in pleading or affidavit
16.13 Order for production from party
16.14 Copying of documents produced for inspection
16.15 Production to Court
Division 16.4—Interrogatories
16.16 Declaration to allow interrogatories
17.01 Decisions without oral hearing
17.02 Transcript receivable in evidence
17.03 Notice to admit facts or documents
17.04 Notice disputing facts or documents
17.05 Disputing party to pay costs if document is proved etc
17.06 Facts or documents taken to be admitted if not disputed
17.08 Withdrawal of admission
17.09 When affidavit may be sworn or affirmed
17.11 Documents annexed or exhibited to an affidavit
17.12 Content of affidavit
17.13 Affidavit of person who is illiterate or vision impaired or has a disability
17.14 Service of exhibits and annexures
17.15 Irregularity in form
17.16 Use of affidavit without cross‑examination of maker
Division 17.4—Expert evidence
17.17 Appointment of Court expert
17.18 Court expert’s remuneration and expenses
17.19 Court expert’s report
17.20 Further expert evidence
17.21 Provision of guidelines to an expert
17.22 Contents of an expert report
17.23 Application for expert report
17.24 Expert evidence for 2 or more parties
Division 18.1—Leave to issue subpoena
18.01 Limit on number of subpoenas
18.02 Leave to issue subpoena
Division 18.2—Subpoenas to give evidence and to produce documents
18.03 Definitions for Division 18.2
18.04 Issuing of subpoena
18.06 Time limit for service of subpoena
18.07 Subpoena addressed to a corporation
18.08 Change of date for attendance or production
18.09 Setting aside subpoena
18.11 Compliance with subpoena
18.12 Production otherwise than on attendance
18.13 Removal, return, inspection, copying and disposal of documents and things
18.14 Production of documents and access by parties
18.15 Inspection of, and dealing with, documents and things produced otherwise than on attendance
18.16 Return of documents and things produced
18.17 Costs and expenses of compliance
18.18 Failure to comply with subpoena—contempt of court
18.19 Documents and things in custody of another court
19.01 Offer to compromise
This is an opening excerpt, not the complete document.