Federal Court of Australia Rules

Commonwealth Coat of Arms of Australia

Statutory Rules

1977 No. 20

RULES OF COURT UNDER THE FEDERAL COURT OF AUSTRALIA ACT 1976.*

Pursuant to the Federal Court of Australia Act 1976, it is ordered that the Rules of the Federal Court of Australia be as follows:—

FEDERAL COURT OF AUSTRALIA RULES

Part 1—Preliminary

Order 1

1. These Rules may be cited as the Federal Court of Australia Rules.

2. These Rules shall come into operation on the date of their notification in the Gazette.

3. In these Rules, unless the contrary intention appears—

“ the Act ” means the Federal Court of Australia Act 1976;

“ the Court ” means the Federal Court of Australia;

“ the Court or a Judge ” includes a Judge sitting in Chambers;

“ Full Court ” has the same meaning as in the Act;

“ Judge ” includes Chief Judge;

“ Registrar ” means Registrar of the Court or a District Registrar of the Court, as the case may be, and includes a Deputy Registrar or a Deputy District Registrar of the Court or other officer for the time being discharging the duties of any one of them;

“ Registry ” includes the Principal Registry and a District Registry.

Part 2—Proceedings in the General Division—Original Jurisdiction

Order 2

Application of Conciliation and Arbitration Regulations

1. In relation to proceedings arising under the Acts set out in the Schedule to this Order, the practice and procedure of the Court shall be in accordance with the Conciliation and Arbitration Regulations as in force for the time being, which shall apply mutatis mutandis, so far as they are capable of application and subject to any directions of the Court or a Judge.

2. Subject to rule 1 of this Order, an application for an order under section 163a of the Trade Practices Act 1974, shall, unless otherwise directed by the Court or a Judge, be made in accordance with regulation 48 of the Conciliation and Arbitration Regulations.

Schedule

Compensation (Commonwealth Government Employees) Act 1971

Navigation Act 1912

Trade Practices Act 1974

* Notified in the Australian Government Gazette on 23 February 1977.

Order 3

Application of Bankruptcy Rules

1. Subject to rule 2 of this Order, in relation to proceedings under the Bankruptcy Act 1966, the practice and procedure of the Court shall be in accordance with the Bankruptcy Rules and the Bankruptcy (Offences) Rules as in force for the time being.

2. Documents for use in a proceeding in the Court under the Bankruptcy Act 1966, the Bankruptcy Rules or the Bankruptcy (Offences) Rules shall be intituled “ In the Federal Court of Australia, General Division ”.

Order 4

Health Insurance Act 1973

1. In this Order—

“ the Tribunal ” means the Medical Services Review Tribunal whose decision is under appeal;

“ the Minister ” has the same meaning as in the Health Insurance Act 1973;

“ the President ” means the President for the time being of the Tribunal and includes a person exercising the function of the President of the Tribunal; and

“ the Committee ” means the Medical Services Committee of Inquiry upon whose recommendation the Minister made the determination that gave rise to the proceedings.

2. An appeal to the Court from a decision of the Tribunal shall be instituted by filing a notice of appeal.

3. A party who commences proceedings in the original jurisdiction of the Court under this Order as appellant from a decision of the Tribunal shall be a plaintiff, and a party against whom the proceedings are commenced as a respondent to the appeal shall be a defendant.

4. (1) The notice of appeal shall—

(a) be signed by the plaintiff or by his solicitor;

(b) be entitled “ In the Federal Court of Australia

.…………...................District Registry

General Division ”;

(c) state—

(i) the decision of the Tribunal from which the appeal is brought indicating the date and place of the decision;

(ii) whether the appeal is from the whole or part only, and if so, what part of the decision;

(iii) question or questions of law involved in the decision;

(iv) concisely the grounds of the appeal; and

(v) what relief the plaintiff seeks in lieu of the decision appealed from.

(2) The Court or a Judge may, on such terms and conditions as the Court or Judge thinks fit, allow a notice to be amended.

(3) On the hearing of an appeal, the plaintiff shall not, without the leave of the Court or a Judge, rely on grounds other than those stated in the notice of appeal.

5. (1) Within such time after the Tribunal’s decision as may be prescribed by Regulations made under the Health Insurance Act 1973, the party desiring to appeal from the decision shall—

(a) file the notice of appeal in the Registry at the place where it is desired that the appeal be heard;

(b) serve a copy of the notice of appeal upon the opposite party and upon any other party affected by the relief sought by the notice of appeal, or interested in maintaining so much of the decision as is appealed from;

(c) serve a copy of the notice of appeal upon the President of the Tribunal from which the appeal is brought.

(2) Service of a copy of a notice of appeal under this rule may be effected by sending it prepaid by registered post or certified mail properly addressed to the person to be served at his usual or last known place of residence or business, or, in the case of the President of the Tribunal, at his office.

(3) A copy of a notice of appeal served by post under the last preceding sub-rule shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post.

6. An appeal under this Order shall not—

(a) operate as a stay of proceedings under the decision of the Tribunal; or

(b) invalidate any intermediate act or proceedings,

except so far as the Court or a Judge may direct, or, subject to any direction of the Court or Judge as the Tribunal may direct.

7. (1) The Court or a Judge may, in special circumstances, order that such security for costs as the Court or Judge thinks fit be given of the costs of an appeal under this Order.

(2) Subject to sub-rule (1), no security for the costs of an appeal to the Court shall be required.

(3) Sub-rules (1) and (2) do not affect the powers of the Court with respect to costs as are conferred by the application mutatis mutandis of Order 71 of the Rules of the High Court to proceedings in the Court.

8. (1) Within twenty-one days from the service of the notice of appeal upon the President of the Tribunal, there shall be forwarded to the Registry in which the appeal is pending, copies of—

(a) the reference to the Committee that gave rise to the Minister’s determination;

(b) transcript of the proceedings at the hearing conducted by the Committee for the purposes of that reference;

(c) the Committee’s report on that reference and any documents sent to the Minister with that report;

(d) the Minister’s determination;

(e) the notice requesting the Minister to refer his determination to the Tribunal;

(f) the reasons for the decision of the Tribunal;

(g) the formal decision of the Tribunal;

(h) transcript of proceedings before the Tribunal;

(i) any other documents before the Tribunal; and

(j) a list of the documents forwarded.

(2) When the documents referred to in sub-rule (1) of this rule have been received in the Registry, the Registrar will forward a copy of the list of documents to all parties to the appeal.

9. Within twenty-one days after the filing of the notice of appeal, the plaintiff shall take out a summons for directions in accordance with the provisions of Order 31 of the High Court Rules, which shall apply mutatis mutandis.

10. (1) A defendant who desires to appeal from a part of the decision from which the plaintiff has appealed, or to seek a variation of a part of the decision, need not institute a substantive appeal, but he shall, within twenty-one days after the service upon him of the notice of appeal, or within such further or other time as the Court or a Judge fixes, file in the Registry a notice of cross-appeal and serve a copy of the notice upon the plaintiff and any other person affected by the relief which he seeks.

(2) The notice of cross-appeal shall state what part of the decision he cross-appeals from or contends should be varied and shall state briefly, but specifically—

(a) the grounds of the cross-appeal;

(b) the question or questions of law involved in the cross-appeal; and

(c) the relief which he seeks in lieu of the decision appealed from or the variation of that decision which he seeks.

(3) It is not necessary to give notice of cross-appeal if a respondent proposes to contend that some matter of law has been erroneously decided against him but does not seek a discharge or variation of a part of the decision actually pronounced or made.

11. (1) If the plaintiff does not take out a summons for directions within the time prescribed by rule 9 of this Order, any other party to the appeal may apply to the Court in which the appeal is pending by motion upon notice, for an order dismissing the appeal for want of prosecution.

(2) The Court may order the appeal to be dismissed accordingly, or may make such other order, and upon such terms, as the Court deems just.

Order 5

Insurance Act 1973

1. A question referred to the Court under section 88 of the Insurance Act 1973 shall be referred in a like manner and form as a case is stated or a question is reserved for the consideration of the Court under section 26 of the Act, and rules 2 to 4 inclusive of Order 6 shall apply thereto mutatis mutandis so far as they are capable of application and subject to any directions of the Court or a Judge.

Part 3—Proceedings in the General Division—Appellate and Related Jurisdiction

Order 6

I—Appeals

1. The practice and procedure of the Court in its appellate jurisdiction under section 24 of the Act shall be in accordance with Order 70 of the High Court Rules as in force for the time being, which Order shall apply mutatis mutandis so far as it is capable of application and subject to any directions of the Court or a Judge.

II—Cases Stated and Questions Reserved

2. (1) A case stated or a question reserved for the consideration of the Court under sub-section 25 (6) or section 26 of the Act shall be in the form of a special case.

(2) The special case shall be divided into paragraphs numbered consecutively and shall state concisely such facts and shall annex such documents as are necessary to enable the Court to decide the questions raised by the special case.

(3) The Court may draw from the facts stated and the documents annexed in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

3. Unless the single Judge or the Court stating the case or reserving the question otherwise directs, the special case shall be—

(a) prepared in draft by the party having the carriage of the proceedings;

(b) settled by the single Judge or the Court stating the case or reserving the question; and

(c) transmitted by the single Judge or the Court stating the case or reserving the question, with four additional copies, to the appropriate District Registry of the Court.

4. Where a special case has been referred—

(a) the party having the carriage of the proceedings shall enter the special case for argument before the Court at the first sittings of the Court, at the place where the Registry in which the special case was filed is situate, appointed to commence after the special case has been filed;

(b) the special case shall be entered for argument by filing a memorandum of entry in the Registry at the place where the special case was filed;

(c) on the day on which the special case is entered for argument the party entering it shall give written notice of the entry to all other parties; and

(d) the party entering the special case for argument shall give the other parties fourteen days' notice of the date of the sittings for which the case has been entered.

Order 7

1. A case stated for the opinion of the Court under section 198 of the Income Tax Assessment Act 1936, shall be stated in a like manner and form as a case is stated for the consideration of the Court under section 26 of the Act, and rules 2 to 4 inclusive of Order 6 shall apply thereto.

Part 4—Proceedings in the Industrial Division

Order 8

1. The practice and procedure of the Court in the Industrial Division shall be in accordance with the Conciliation and Arbitration Regulations, as in force for the time being, which shall apply, mutatis mutandis, so far as they are capable of application and subject to any directions of the Court or a Judge.

Part 5—Miscellaneous

Order 9

1. The seal of the Court shall be affixed to—

(a) rules of Court made by the Judges;

(b) orders of the Court or a Judge; and

(c) such other documents as the Court or a Judge in any case directs.

2. (1) Subject to sub-rules (2) and (3) of this rule, non-compliance with any rule or with a rule of practice for the time being in force, does not render any proceedings void unless the Court or a Judge so directs.

(2) The proceedings may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the Court or a Judge thinks fit.

(3) The Court or a Judge may at any time, upon such terms as are just, relieve a party from the consequences of non-compliance with any rule or with a rule of practice for the time being in force.

3. (1) The vacations and holidays of the Court shall be the same as those of the High Court.

(2) If the Court or a Judge considers it necessary, the Court may sit, or Chamber business may be taken, during vacation or on a holiday.

4. The office hours in each Registry shall be from 10.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 4.00 p.m.

5. In construing these Rules the reference to specific rules of the High Court shall not be taken to exclude the application of other High Court Rules.

6. The rate of interest for the purpose of section 52 of the Act shall be eight per centum per annum.

Dated this 18th day of February, 1977.

<table cellspacing="0" cellpadding="0" style="margin-left:40.5pt; margin-bottom:0pt; border-collapse:collapse"><tbody><tr><td rowspan="9" style="width:194pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">NIGEL BOWEN C.J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. A. SMITHERS J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. W. FOX J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. A. BLACKBURN J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">C. A. SWEENEY J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">JOHN A. NIMMO J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">W. E. FORSTER J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">XAVIER CONNOR J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">A. E. WOODWARD J.</span></p></td></tr><tr><td rowspan="10" style="width:194pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">(L.S.)</span></p></td><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. J. A. FRANKI J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">B. B. RILEY J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">J. B. SWEENEY J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">J. H. MUIRHEAD J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">P. G. EVATT J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. C. WARD J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. J. B. </span><span style="font-family:'Times New Roman', serif; font-variant:small-caps">St</span><span style="font-family:'Times New Roman', serif">. JOHN J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">R. M. NORTHROP J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">F. G. BRENNAN J.</span></p></td></tr><tr><td style="width:108.35pt; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal"><span style="font-family:'Times New Roman', serif">J. A. KEELY J.</span></p></td></tr></tbody></table>

L. B. FOLEY

Registrar