Part 1
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Commonwealth legislation
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Direct links to the current provisions in Federal Circuit Court Rules 2001.
These Rules are the Federal Circuit Court Rules 2001.
These Rules are made under the Federal Circuit Court of Australia Act 1999.
(1) The object of these Rules is to assist the just, efficient and economical resolution of proceedings. (2) In accordance with the objects of the Act, the Rules aim to help the Court: • to operate as informally as possible • to use streamlined processes • to encourage the use of appropriate dispute resolution procedures. (3) The Court will apply the Rules in accordance with their objects. (4) To assist the Court, the parties must: • avoid undue delay, expense and technicality • consider options for primary dispute resolution as early as possible. (5) If appropriate, the Court will help to implement primary dispute resolution.
The dictionary defines terms used in these Rules.
(1) It is intended that the practice and procedure of the Court be governed principally by these Rules. (2) However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Family Law Rules, 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): (a) the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and (b) the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, 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 81(2) of the Act.
| General outline:Chapter 1 applies to all proceedingsChapter 2 applies to family law and child support proceedingsChapter 3 applies to all proceedings other than family law and child support proceedingsChapter 5 applies to proceedings under the Australian Human Rights Commission Act 1986Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975. |
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(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 Court Rules 2001.
These Rules are made under the Federal Circuit Court of Australia Act 1999.
(1) The object of these Rules is to assist the just, efficient and economical resolution of proceedings. (2) In accordance with the objects of the Act, the Rules aim to help the Court: • to operate as informally as possible • to use streamlined processes • to encourage the use of appropriate dispute resolution procedures. (3) The Court will apply the Rules in accordance with their objects. (4) To assist the Court, the parties must: • avoid undue delay, expense and technicality • consider options for primary dispute resolution as early as possible. (5) If appropriate, the Court will help to implement primary dispute resolution.
The dictionary defines terms used in these Rules.
(1) It is intended that the practice and procedure of the Court be governed principally by these Rules. (2) However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Family Law Rules, 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): (a) the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and (b) the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, 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 81(2) of the Act.
| General outline:Chapter 1 applies to all proceedingsChapter 2 applies to family law and child support proceedingsChapter 3 applies to all proceedings other than family law and child support proceedingsChapter 5 applies to proceedings under the Australian Human Rights Commission Act 1986Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975. |
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(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 Court Rules 2001.
These Rules are made under the Federal Circuit Court of Australia Act 1999.
(1) The object of these Rules is to assist the just, efficient and economical resolution of proceedings. (2) In accordance with the objects of the Act, the Rules aim to help the Court: • to operate as informally as possible • to use streamlined processes • to encourage the use of appropriate dispute resolution procedures. (3) The Court will apply the Rules in accordance with their objects. (4) To assist the Court, the parties must: • avoid undue delay, expense and technicality • consider options for primary dispute resolution as early as possible. (5) If appropriate, the Court will help to implement primary dispute resolution.
The dictionary defines terms used in these Rules.
(1) It is intended that the practice and procedure of the Court be governed principally by these Rules. (2) However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Family Law Rules, 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): (a) the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and (b) the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, 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 81(2) of the Act.
| General outline:Chapter 1 applies to all proceedingsChapter 2 applies to family law and child support proceedingsChapter 3 applies to all proceedings other than family law and child support proceedingsChapter 5 applies to proceedings under the Australian Human Rights Commission Act 1986Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975. |
|---|
(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.
(1) A document (other than a form) to be filed must: (a) be set out on 1 side only of size A4 durable white paper of good quality; and (b) be legible and without erasures, blotting out or material disfigurement; and (c) have a margin at the left side of at least 30 mm; and (d) have clear margins of at least 10 mm on the top, bottom and right sides; and (e) be written in English; and (f) be: (i) printed in a font of not less than 12 points; or (ii) hand‑printed clearly in ink in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar; and (g) have a space of not less than 8 mm between the lines of printing. (1A) However, unless the Court otherwise orders, strict compliance with subrule (1) is not required if the document: (a) is readable, including when it is bound; and (b) can be easily scanned and photocopied. (2) This rule does not apply to a document annexed to an affidavit.
Note: The Court may give directions limiting the length of documents to be filed: see section 51 of the Act.
A document filed in connection with a particular proceeding must bear the distinctive number of the proceeding.
(1) A document to be filed (other than an affidavit, annexure or exhibit) must be signed by a party or by the lawyer for the party unless the nature of the document is such that signature is inappropriate. (2) If a document (other than an affidavit) is required by these Rules to be signed, that requirement is met if the signature is attached to the document by electronic means, by, or at the direction of, the signatory.
(1A) The Chief Judge may approve a form for a provision of these Rules. (1B) A reference in these Rules to the Notice of Child Abuse, Family Violence or Risk is a reference to the form in Schedule 2, with any variations that are necessary or as the Chief Judge directs. (1) Unless the Court otherwise orders, strict compliance with forms is not required and substantial compliance is sufficient. (2) A document prepared in the form prescribed for a similar purpose for the Family Court or the Federal Court may be taken to substantially comply with the appropriate form for a proceeding. (3) However, unless otherwise provided in these Rules, a document to be filed in a proceeding must be headed: FEDERAL CIRCUIT COURT OF AUSTRALIA At (Registry).
(1) A document may be filed by: (a) delivering it to the registry; or (b) sending it to the registry by post; or (c) fax or electronic communication, as permitted by this Division.
Note: The Federal Court and Federal Circuit Court Regulation 2012 and the Family Law (Fees) Regulation 2012 provide that a document may not be filed in a registry of the Court unless the fee payable for the filing has been paid. Both regulations also provide for an exemption or deferral of a fee, or payment of the fee on invoice, in certain circumstances.
(1A) However, a document may not be filed by electronic communication if the document (including an attachment) is over 100 pages long. (2) A document is filed when it is accepted for filing by a Registrar and sealed with the seal of the Court or marked with a Court stamp, as required by Division 2.4.
Note: For the design, custody and affixation of the seal and validity of stamps: see sections 47 and 48 of the Act.
(3) However, a document sent by fax or electronic communication, if accepted, is taken to have been filed: (a) if the whole document is received by 4.30 pm on a day the Registry is open for business—on that day; and (b) in any other case—on the next day the Registry is open for business.
Note: Because of the Court’s computer security firewall, there may be a delay between the time a document is sent by electronic communication and the time the document is filed.
A Registrar may refuse to accept a document for filing if: (a) the Registrar is satisfied that the document, on its face or by reference to any other documents filed or submitted for filing with the document, is an abuse of process or is frivolous, scandalous or vexatious; or (b) the document is filed in connection with a pending proceeding and the registry is not the appropriate registry; or (c) the rules relating to the electronic filing of documents have not been complied with.
(1) An authorised Registrar may approve at least 1 fax number for each Registry for receiving documents. (2) A document sent to a Registry by fax must be: (a) sent to an approved fax number for the Registry; and (b) accompanied by a cover sheet stating: (i) the sender’s name, postal address, telephone number, fax number and any document exchange number; and (ii) the number of pages sent; and (iii) the action sought in relation to the document. (3) If the document is in an existing proceeding, it must be sent to an approved fax number for the Registry that is the appropriate place for the proceeding. (4) If the document is required to be signed or stamped, and is accepted at the Registry, the Registrar must: (a) make 1 copy of the document; and (b) if the sender asks that the document be held for collection—hold it for collection for 7 days; and (c) if the sender does not ask for the document to be held for collection, or having asked does not collect the document within 7 days—return the document by sending it: (i) by fax to the fax number stated on the cover sheet; or (ii) if no fax number is stated, to the postal address stated on the cover sheet. (5) The sender of a document to a Registry by fax must: (a) keep the original document and the transmission report evidencing successful transmission; and (b) produce the original document or the transmission report as directed by the Court. (6) If the Court directs that the original document be produced, the first page of the document must be endorsed with: (a) a statement that the document is the original of a document sent by fax; and (b) the day that the document was sent by fax.
(1) An authorised Registrar: (a) may approve the formats for electronic versions of documents that will be accepted by a Registry; and (b) may approve at least one email address for any Registry for the purpose of receiving documents by electronic communication. (2) A document sent to a Registry for filing by electronic communication must: (a) be sent using the Commonwealth Courts Portal at http://www.comcourts.gov.au; and (b) be in an electronic format approved for the Registry; and (c) be in a form that complies with rule 2.04; and (d) be able to be printed with the content, and in the form, created. (3) An affidavit may be filed by electronic communication only by sending an image of the affidavit as required by subrule (2). (4) If the document is in an existing proceeding, it must be sent to the Registry that is the appropriate place for the proceeding by using: (a) the Court’s Internet home page at http://www.federalcircuitcourt.gov.au; or (b) the Commonwealth Courts Portal at http://www.comcourts.gov.au.
(1) If a document sent by a person by electronic communication is required to be signed or stamped, and is accepted at a Registry, a Registrar must: (a) for a document that, under these Rules, must be endorsed with a date for hearing—insert a notice of filing and hearing as the first page of the document; and (b) for any other document—insert a notice of filing as the first page of the document; and (c) make 1 copy of the document (including the notice mentioned in paragraph (a) or (b) (whichever applies)); and (d) if the sender requests that the document be held for collection—hold it for collection for 7 days; and (e) if the sender does not request that the document be held for collection or, having made a request, does not collect the document within 7 days—return the document by sending it: (i) by electronic communication to the email address stated on the cover sheet; or (ii) if no email address is stated, to the postal address stated on the cover sheet. (2)
This is an opening excerpt, not the complete document.