The Federal Court Rules 2011 prescribe how proceedings run in the Federal Court—filing, service, amendments, discovery, hearings, and costs—while allocating routine powers to the Court, Registrars and the CEO. They affect litigants, lawyers, non‑party witnesses, and registry staff by imposing detailed procedural and documentary obligations, gating discovery, and setting a taxed costs scale. Practically, they concentrate discretion in court officers, raise compliance costs, and mix predictability (published cost items) with taxing‑officer uncertainty.
The Federal Court Rules 2011 (the Rules) constitute the comprehensive procedural code that governs the conduct of almost all matters within the original and appellate jurisdiction of the Federal Court of Australia. Made under sections 59 and 59A of the Federal Court of Australia Act 1976 (the Act), they prescribe the mechanical steps that must—or may—be taken from the inception of a proceeding until its final resolution and enforcement.
At their heart the Rules implement the “overarching purpose” stated in s 37M of the Act: to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible. They achieve this through a mixture of prescriptive requirements, discretionary powers vested in the Court or a Registrar, and a strong emphasis on case management. Chapter 1 contains the introductory provisions, including the Court’s general powers to make any order it considers appropriate in the interests of justice (r 1.32), to dispense with compliance (r 1.34), and to give directions proportionate to the complexity of the matter (r 1.31). These powers are not merely aspirational; they are routinely invoked to tailor procedure to the needs of individual cases.
The Rules are organised thematically. Chapter 2 deals with proceedings in the Court’s original jurisdiction. It regulates the commencement of actions (Part 8), parties and joinder (Part 9), service (Part 10), pleadings (Part 16), interlocutory applications (Part 17), discovery and interrogatories (Parts 20–22), expert evidence (Part 23), subpoenas (Part 24), offers of compromise (Part 25), and summary disposition (Part 26). Specialised regimes appear in Chapter 3: judicial review under the Administrative Decisions (Judicial Review) Act 1977, the Judiciary Act 1903 and the (Part 31); remittals from the High Court (Part 32); taxation appeals, appeals from the Administrative Appeals Tribunal, the Superannuation Complaints Tribunal and the National Native Title Tribunal (Part 33); and discrete procedures for Fair Work, intellectual property, Trans-Tasman, and native title matters (Part 34).
Current sections
Direct links to the current provisions in Federal Court Rules 2011.
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Div 1
2—Application about procedures
Division 1.2—Application about procedures
1.21 Application for orders about procedures
Division 1.3—General powers of the Court
1.31 Orders to have regard to nature and complexity of proceeding
1.32 Court may make any order it considers appropriate in the interests of justice
1.33 Orders may be subject to conditions
1.34 Dispensing with compliance with Rules
1.35 Orders inconsistent with Rules
1.36 Orders other than in open court
1.37 Directions to Registrars
1.38 Fixing of time by Court
1.39 Extension and shortening of time
1.40 Exercise of Court’s power
1.41 Other orders that may be made
1.42 Orders may include consequences of non‑compliance
Division 1.4—Interpretation
1.51 Definitions—the Dictionary
1.52 References to Forms
Division 1.5—Time
1.61 Calculation of time
Part 2
Registry and documents
Part 2—Registry and documents
Div 2
1—Registry
Division 2.1—Registry
2.01 Use of seal and stamps of Court
2.02 Transfer of proceeding to another place
Division 2.2—Documents
2.11 General provisions about documents
2.12 Compliance with approved forms
2.13 Titles of documents
2.14 Subsequent documents to be endorsed with Court number
2.15 Signature
2.16 Details at foot of each document
Division 2.3—Lodging and filing documents
2.21 How documents may be lodged with the Court
2.22 Faxing a document
2.23 Sending a document by electronic communication
2.24 Documents sent by electronic communication
2.25 When is a document filed
2.26 Refusal to accept document for filing—abuse of process or frivolous or vexatious documents
2.27 When documents will not be accepted in a Registry
2.28 Documents accepted for filing—removal from Court file and storage
2.29 Documents on a Court file—removal, redaction and storage
Division 2.4—Custody and inspection of documents
2.31 Custody of documents
2.32 Inspection of documents
Division 2.5—Administration of money paid into Court and payment out
2.41 Establishment of Litigants’ Fund
2.42 Dealing with money paid into Court
2.43 Payment out of Litigants’ Fund
Part 3
Registrars
Part 3—Registrars
Div 3
1—Powers of Registrars
Division 3.1—Powers of Registrars
3.01 Powers of the Court that may be exercised by a Registrar
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
3.05 Application to a Registrar for an application to be determined by the Court
Division 3.2—Reviewing a Registrar’s exercise of power
3.11 Application for review of a Registrar’s exercise of power
Part 4
Lawyers
Part 4—Lawyers
Div 4
1—General
Division 4.1—General
4.01 Proceeding by lawyer or in person
4.02 Power to act by lawyer
4.03 Appointment of a lawyer—notice of acting
4.04 Termination of retainer by party
4.05 Termination of retainer by lawyer
Division 4.2—Court referral for legal assistance
4.11 Definitions for Division 4.2
4.12 Referral for legal assistance
4.13 A party has no right to apply for a referral
4.14 Acceptance of referral certificate and provision of legal assistance
4.15 Ceasing to provide legal assistance
4.16 Application for Registrar’s permission to cease providing legal assistance
4.17 Cessation of referral certificate
4.18 Disbursements
4.19 Professional fees
Part 5
Court supervision of proceedings
Part 5—Court supervision of proceedings
Div 5
1—Attendance and directions
Division 5.1—Attendance and directions
5.01 Parties to attend hearings
5.02 Parties to file notice of address for service
5.03 Respondent’s genuine steps statement
5.04 Making directions
5.05 Adjournment of directions hearing
5.07 Interlocutory orders
5.08 Hearing and determination of matter at directions hearing
Division 5.2—Orders on default
5.21 Self‑executing orders
5.22 When a party is in default
5.23 Orders on default
5.24 Contempt
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
6.11 Use of communication device or recording device in place where hearing taking place
6.12 Contempt
Chapter 2—Original jurisdiction—proceedings generally
Part 7—Orders before start of a proceeding
Division 7.1—Injunctions, preservation of property and receivers
7.01 Order before start of proceeding
Div 7
2—Approval of agreement for person under a legal incapacity
Division 7.2—Approval of agreement for person under a legal incapacity
7.11 Compromise or settlement of matter before proceeding
Division 7.3—Preliminary discovery
7.21 Definitions for Division 7.3
7.22 Order for discovery to ascertain description of respondent
7.23 Discovery from prospective respondent
7.24 Procedure for applications under this Division
7.25 List of documents
7.26 Privilege
7.27 Inspection of documents
7.28 Copying of documents produced for inspection
7.29 Costs
Division 7.4—Freezing orders
7.31 Definitions for Division 7.4
7.32 Freezing order
7.33 Ancillary order
7.34 Order may be against person not a party to proceeding
7.35 Order against judgment debtor or prospective judgment debtor or third party
7.36 Jurisdiction
7.37 Service outside Australia of application for freezing order or ancillary order
7.38 Costs
Division 7.5—Search orders
7.41 Definitions for Division 7.5
7.42 Search order
7.43 Requirements for grant of search order
7.44 Jurisdiction
7.45 Terms of search order
7.46 Independent lawyers
7.47 Costs
Part 8
Starting proceedings
Part 8—Starting proceedings
Div 8
1—Originating applications
Division 8.1—Originating applications
8.01 Starting proceeding—application
8.02 Applicant’s genuine steps statement
8.03 Application to state relief claimed
8.04 Application starting migration litigation to include certificate
8.05 Accompanying document for originating application
8.06 Service of originating documents
8.07 Changing return date
Division 8.2—Notice of constitutional matter
8.11 Notice of constitutional matter
8.12 Service of notice
Division 8.3—Amendments to an originating application
8.21 Amendment generally
8.22 Date on which amendment to substitute a party takes effect
8.23 Procedure for making amendment
8.24 Time for amending an originating application under Court order
8.25 Service of amended originating application
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—Representative proceedings
9.21 Representative party—general
9.22 Enforcement of order for or against representative party
9.23 Representative party—beneficiaries
9.24 Deceased persons
9.25 Conduct of proceeding by particular party
Division 9.3—Grouped proceedings under Part IVA of the Act
9.31 Interpretation for Division 9.3
9.32 Starting a representative proceeding
9.33 Person may give consent to be a group member
9.34 Opt out notices
9.35 Application for order relating to the procedure to be followed in a representative proceeding
Division 9.4—Partnerships
9.41 Proceeding by or against partners in partnership name
9.42 Disclosure of partners’ names
9.43 Proceeding between members of partnerships
9.44 Denial by person served as partner
9.45 Defence to be in partnership name
9.46 Entry of order
Division 9.5—Business name proceedings
9.51 Proceeding against a person who carries on a business under a business name
9.52 Proceeding against a business name
9.53 Proceeding under this Division or Division 9.4
9.54 Amendment of parties
9.55 Variation of order
9.56 Order for discovery—proceeding brought against a person in the person’s business name
Division 9.6—Persons under a legal incapacity
9.61 Proceeding by or against person under a legal incapacity
9.62 Persons who may be a litigation representative
9.63 Appointment of litigation representative by the Court
9.64 Consent to be filed
9.65 Removal of litigation representative by the Court
9.66 Conduct of proceeding
9.67 No deemed admissions
9.68 Discovery and interrogatories
9.69 Payment into Court
9.70 Compromise or settlement of matter in proceeding
9.71 Application by litigation representative for approval of agreement
Part 10
Service
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 in a proceeding under the Patents Act 1990
10.08 Service in a proceeding under the Trade Marks Act 1995
10.09 Service on person under a legal incapacity
10.10 Personal service on a person under a legal incapacity
10.11 Deemed service of originating application
10.12 Refusal to accept document served personally
Division 10.2—Service other than by personal service
10.21 Identity of person served
10.22 Acceptance of service by lawyer
10.23 Deemed service
10.24 Substituted service
10.25 Service by filing
10.26 Service by Court
10.27 Service of interlocutory injunction
10.28 Service under agreement
Division 10.3—Ordinary service
10.31 Ordinary service
10.32 Time of service
Division 10.4—Service outside Australia
10.41 Division does not apply to service in New Zealand of documents in or for certain trans‑Tasman proceedings
10.42 When an originating application may be served outside Australia without leave
10.43 When an originating application may be served outside Australia with leave
10.43A Court’s discretion whether to exercise jurisdiction
10.43B Notice to person served outside Australia
10.43C Time for filing notice of address for service
10.43D Leave to proceed if notice of address for service not filed
10.44 Service of other documents outside Australia
10.45 Application of other rules
10.46 Method of service
10.47 Proof of service
10.48 Deemed service
10.49 Substituted service
Division 10.5—Service through diplomatic channel or by transmission to foreign government
10.51 Documents to be lodged with the Court
10.52 Order for payment of expenses
Division 10.6—Service under Hague Convention
10.61 Definitions for Division 10.6
10.62 Provisions of this Division to prevail
10.63 Service abroad of local judicial documents—application of rules 10.64 to 10.68
10.64 Application for request for service abroad
10.65 How application to be dealt with
10.66 Procedure on receipt of certificate of service
10.67 Payment of costs
10.68 Evidence of service
10.69 Default judgment following service abroad of initiating process—application of rules 10.70 to 10.72
10.70 Restriction on power to enter default judgment if certificate of service filed
10.71 Restriction on power to enter default judgment if certificate of service not filed
10.72 Setting aside judgment in default of appearance
10.73 Local service of foreign judicial documents – application of rules 10.74 to 10.76
10.74 Certain documents to be referred to Attorney‑General’s Department
10.75 Service
10.76 Affidavit as to service
Part 11
Address for service
Part 11—Address for service
11.01 Address for service—general
11.02 Address for service—corporations
11.03 Address for service—proceeding against person in person’s business name
11.04 Address for service—partnership
11.05 Receivers
11.06 When must notice of address for service be filed
Part 13—Jurisdiction—setting aside originating application
13.01 Setting aside originating application etc
Part 14
Interlocutory orders for preservation of rights and property
Part 14—Interlocutory orders for preservation of rights and property
Div 14
1—Inspection of property
Division 14.1—Inspection of property
14.01 Order for inspection etc of property
14.02 Service of application
14.03 View by Court
Division 14.2—Preservation etc of property
14.11 Preservation of property
14.12 Disposal of personal property
14.13 Interim distribution of property or income from property
14.14 Payment before determination of all interested persons
Division 14.3—Receivers
14.21 Application to appoint receiver
14.22 Guarantee
14.23 Powers
14.24 Remuneration
14.25 Accounts
14.26 Default
14.27 Death of receiver
Part 15
Cross‑claims and third party claims
Part 15—Cross‑claims and third party claims
Div 15
1—Making cross‑claim
Division 15.1—Making cross‑claim
15.01 Cross–claim by respondent
15.02 Starting cross‑claim
15.03 Title of cross‑claim and subsequent documents
15.04 Time for bringing cross‑claim
15.05 Application for extension of time to file cross‑claim
15.06 Cross–claim to be accompanied by statement of cross‑claim or affidavit
15.07 Cross–claim to state relief claimed
15.08 Service of notice of cross‑claim on cross‑respondent
15.09 Service of pleadings and documents
15.10 Conduct of proceeding after cross‑claim is filed
15.11 Separate proceeding in relation to cross‑claim
15.12 Cross‑claim for contribution or indemnity
15.13 Hearings in relation to cross‑claims
15.14 Co‑cross‑respondents
Division 15.2—Amendment of cross‑claim
15.15 Amendment generally
15.16 Date on which amendment takes effect
15.17 Procedure for making amendment
15.18 Time for amending notice of cross‑claim under Court order
15.19 Service of amended cross‑claim
Part 16
Pleadings
Part 16—Pleadings
Div 16
1—General
Division 16.1—General
16.01A Application of Division 16.1
16.01 Pleading to include name of person who prepared it
16.02 Content of pleadings—general
16.03 Pleading of facts
16.04 References to documents or spoken words
16.05 Conditions precedent
16.06 Inconsistent allegations or claims
16.07 Admissions, denials and deemed admissions
16.08 Matters that must be expressly pleaded
16.09 Defence of tender before start of proceeding
16.10 Defence claiming set‑off
16.11 Joinder of issue
16.12 Close of pleadings
16.13 Alternative accompanying documents
Division 16.2—Striking out pleadings
16.21 Application to strike out pleadings
Division 16.3—Progress of pleadings
16.31 Application of Division 16.3
16.32 Defence to application
16.33 Reply
Division 16.4—Particulars
16.41A Application of Division 16.4
16.41 General
16.42 Fraud, misrepresentation etc
16.43 Conditions of mind
16.44 Damages and exemplary damages
16.45 Application for order for particulars
Division 16.5—Amendment of pleadings
16.51 Amendment without needing the leave of the Court
16.52 Disallowance of amendment of pleading
16.53 Application for leave to amend
16.54 Date on which amendment takes effect
16.55 Consequential amendment of defence
16.56 Consequential amendment of reply
16.57 Implied joinder of issue after amendment
16.58 Time for amending pleading under Court order
16.59 Procedure for making amendment to pleading
16.60 Service of amendment
Part 17
Interlocutory applications
Part 17—Interlocutory applications
17.01 Interlocutory application
17.02 Reliance on correspondence or undisputed documents
17.03 Service on others
17.04 Hearing and determination of interlocutory application—absence of party
Part 18
Interpleader proceedings
Part 18—Interpleader proceedings
Div 18
1—Stakeholder’s interpleader
Division 18.1—Stakeholder’s interpleader
18.01 Application for relief by way of interpleader
18.02 How application to be made
18.03 Orders that may be sought
18.04 Default by claimant
18.05 Neutrality of stakeholder
18.06 Order in several proceedings
Division 18.2—Sheriff’s interpleader
18.11 Notice of claim
18.12 Notice of claim to be served on execution creditor
18.13 Admission of claim by execution creditor
18.14 Application by Sheriff for interpleader
Part 19
Security for costs
Part 19—Security for costs
19.01 Application for an order for security for costs
Part 20
Discovery and inspection of documents
Part 20—Discovery and inspection of documents
Div 20
1—General
Division 20.1—General
20.01 Withholding documents on public interest grounds
20.02 Privilege
20.03 Undertakings or orders applying to documents
Division 20.2—Discovery
20.11 Discovery must be for the just resolution of the proceeding
20.12 No discovery without court order
20.13 Application for discovery
20.14 Standard discovery
20.15 Non‑standard and more extensive discovery
20.16 Giving discovery
20.17 List of documents
20.18 Copies of documents
20.19 Claim of privilege
20.20 Supplementary discovery
20.21 Order for particular discovery
20.22 Deponent for affidavit for discovery
20.23 Discovery from non‑party
20.24 Non‑party’s obligation
20.25 Non‑party’s costs and expenses
Division 20.3—Production for inspection
20.31 Notice to produce document in pleading or affidavit
20.32 Order for production from party
20.33 Order for production from non‑party
20.34 Copying of documents produced for inspection
20.35 Production to Court
Part 21
Interrogatories
Part 21—Interrogatories
21.01 Order for interrogatories
21.02 When application may be made
21.03 Answers to interrogatories
21.04 Affidavit verifying written answers to interrogatories
21.05 Orders dealing with insufficient answers
21.06 Answers tendered as evidence
21.07 Public interest
Part 22
Admissions
Part 22—Admissions
22.01 Notice to admit facts or documents
22.02 Notice disputing facts or documents
22.03 Disputing party to pay costs if document is proved etc
22.04 Facts or documents taken to be admitted if not disputed
22.05 Deemed admission
22.06 Withdrawal of admissions
22.07 Judgment on admissions
Part 23
Experts
Part 23—Experts
Div 23
1—Court experts
Division 23.1—Court experts
23.01 Appointment of Court expert
23.02 Court expert’s report
23.03 Court expert’s report—use at trial
23.04 Other expert’s reports on the question
Division 23.2—Parties’ expert witnesses and expert reports
23.11 Calling expert evidence at trial
23.12 Provision of guidelines to an expert
23.13 Contents of an expert report
23.14 Application for expert report
23.15 Evidence of experts
Division 23.3—Examinations by a medical expert
23.21 Examinations by a medical expert
Part 24
Subpoenas
Part 24—Subpoenas
Div 24
1—Leave to issue subpoena
Division 24.1—Leave to issue subpoena
24.01 Leave to issue subpoena
Division 24.2—Subpoenas to give evidence and to produce documents
24.11 Definitions for Division 24.2
24.12 Issuing of subpoena
24.13 Form of subpoena
24.14 Change of date for attendance or production
24.15 Setting aside or other relief
24.16 Service
24.17 Compliance with subpoena
24.18 Production otherwise than on attendance
24.19 Removal, return, inspection, copying and disposal of documents and things
24.20 Inspection of, and dealing with, documents and things produced otherwise than on attendance
24.21 Return of documents and things produced
24.22 Costs and expenses of compliance
24.23 Failure to comply with subpoena—contempt of court
24.24 Documents and things in custody of Court
Part 25
Offers to settle
Part 25—Offers to settle
25.01 Offer to compromise
25.02 Notice to be signed
25.03 Offer to compromise—content
25.04 Offer to be paid within 28 days
25.05 Timing of offer
25.06 No communication to Court of offer
25.07 Withdrawal of offer
25.08 Acceptance of offer
25.09 Withdrawal of acceptance
25.10 Failure to comply with offer
25.11 Multiple respondents
25.12 Taxation of costs where offer accepted
25.13 Contributor parties
25.14 Costs where offer not accepted
Part 26
Ending proceedings early
Part 26—Ending proceedings early
Div 26
1—Summary judgment and stay of proceedings
Division 26.1—Summary judgment and stay of proceedings
26.01 Summary judgment
Division 26.2—Withdrawal and discontinuance
26.11 Withdrawal of defence etc
26.12 Discontinuance
26.13 Service of notice
26.14 Effect of discontinuance
26.15 Stay of proceeding until costs paid
Part 27
Transfer of proceedings
Part 27—Transfer of proceedings
Div 27
1—Federal Circuit and Family Court of Australia
Division 27.1—Federal Circuit and Family Court of Australia
27.01 Transfer to the Federal Circuit and Family Court of Australia
27.02 Transfer from the Federal Circuit and Family Court of Australia (Division 2)
27.03 Order transferring proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court must be filed in the Federal Circuit and Family Court of Australia (Division 2)
Division 27.3—Cross‑vesting
27.21 Transfer of proceeding from the Court
27.22 Application by Attorney‑General for transfer of proceeding from the Court
27.23 Transfer of proceeding to the Court
Part 28
Alternative dispute resolution
Part 28—Alternative dispute resolution
Div 28
1—General
Division 28.1—General
28.01 General
28.02 Orders that may be sought
28.03 Arbitration, mediation and ADR process
28.04 Court may terminate mediation or ADR process
28.05 Parties may refer proceeding to mediation, arbitration or ADR process
Division 28.2—Arbitration
28.11 Appointment of arbitrator
28.12 Applications by interlocutory application
28.13 Applications for registration
28.14 Applications for order in terms of an award
Division 28.3—Mediation
28.21 Nomination of mediator
28.22 Conduct of mediation
28.23 Report if only part of proceeding to be mediated
28.24 Termination of mediation—mediator initiated
28.25 Agreement at mediation
Division 28.4—ADR process
28.31 Nomination of person to conduct ADR process
28.32 Conduct of ADR process
28.33 Report if only part of proceeding to be subject of ADR process
28.34 Termination of ADR process
28.35 Agreement at ADR process
Division 28.5—International arbitration
28.41 Definitions for Division 28.5
28.42 Application of Division
28.43 Application for stay of a proceeding
28.44 Enforcing foreign award
28.44A Application for referral to arbitration under article 8 of the Model Law
28.45 Application for relief under Model Law
28.45A Application to set aside award under Model Law
28.46 Subpoenas for Division 28.5
28.47 Application under section 23A of International Arbitration Act
28.48 Application under section 23F or 23G of International Arbitration Act
28.48A Enforcement of Investment Convention
28.49 Recognition of award
28.50 Documents not in English language
Division 28.6—Referral by Court to referee
28.61 Order of referral
28.62 Appointment of referees
28.63 Two or more referees
28.64 Security for remuneration
28.65 Conduct of inquiry
28.66 Report
28.67 Proceeding on report
Part 29
Evidence
Part 29—Evidence
Div 29
1—Affidavits
Division 29.1—Affidavits
29.01 When affidavit may be sworn or affirmed
29.02 Form of affidavit
29.03 Content of affidavits
29.04 Swearing or affirming affidavit by person who has disability
29.05 Service of exhibits and annexures
29.06 Irregularity in form
29.07 Use of affidavit not filed or in irregular form
29.08 Serving of affidavits
29.09 Cross‑examination of deponent
Division 29.2—Evidence on commission taken in Australia or abroad
29.11 Order for examination of witness
29.12 Letter of request
29.13 Procedure for orders under section 7(1)(a) or (b) of Foreign Evidence Act 1994
29.14 Documents for examiner
29.15 Appointment for examination
29.16 Conduct of examination
29.17 Examination of additional persons
29.18 Objection
29.19 Taking of depositions
29.20 Authentication and filing
29.21 Special report
29.22 Default of witness
29.23 Evidence of future right or claim
Part 30
Hearings
Part 30—Hearings
Div 30
1—Separate decisions on questions
Division 30.1—Separate decisions on questions
30.01 Application for separate trials
30.02 Disposal of proceedings after hearing separate questions
Division 30.2—Consolidation
30.11 Consolidation of proceedings before trial
Division 30.3—Trial
30.21 Absence of party at trial
30.22 No appearance by any party
30.23 Trial limitations
30.24 Death before judgment
30.25 Evidence in other proceedings
30.26 Plans, photographs and models
30.27 Consent
30.28 Notice to produce
30.29 Notice of intention to adduce evidence of previous representation
30.30 Notice of objection to tender of hearsay evidence if maker available
30.31 Notice of intention to adduce tendency evidence
30.32 Notice of intention to adduce coincidence evidence
30.33 Parties in lawful custody
30.34 Attendance and production
Division 30.4—Assessment of damages
30.41 Order for calculation of amount of damages by Registrar
30.42 Notice of objection to calculation
30.43 Procedure if notice given
30.44 Procedure if notice not given
Division 30.5—Accounts
30.51 Order for account to be taken
30.52 Form and filing of account
30.53 Notice of additional charge or error in account
30.54 Orders to deal with delay
30.55 Order for account or inquiry before Registrar
30.56 Notice of objection to certificate
30.57 Procedure if notice given
30.58 Procedure if notice not given
Chapter 3—Original jurisdiction—special classes of proceedings
This is a compilation of the Federal Court Rules 2011 that shows the text of the law as amended and in force on 2 September 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Migration Act 1958
Appellate jurisdiction is addressed in Chapter 4. Part 35 governs applications for leave to appeal, distinguishing between oral applications from interlocutory judgments (Division 35.1) and written applications (Division 35.2). Part 36 sets out the mechanics of appeals proper, including the form and content of a notice of appeal (r 36.01), filing and service (rr 36.02–36.04), cross-appeals and notices of contention (Division 36.2), preparation of appeal books (Division 36.5), and mechanisms for early termination of appeals (Division 36.6). Part 38 regulates cases stated and questions reserved.
Chapter 5 deals with judgments, costs and miscellaneous matters. Orders take effect on the date they are pronounced (r 39.01). Entry of orders is governed by Division 39.4; once entered they may be varied or set aside only on limited grounds (r 39.05). Costs are addressed in Part 40. Unless the Court orders otherwise, costs are taxed on a party-and-party basis (r 40.01). Detailed scales appear in Schedule 3. Enforcement is covered in Part 41, including execution against partnerships and business names, the role of the Sheriff, and reciprocal enforcement of foreign judgments under the Foreign Judgments Act 1991.
Chapter 6 (Part 42) provides a self-contained procedure for contempt committed in the face of the Court or in connection with a proceeding. Chapter 7 contains transitional provisions that, at the date of this compilation, relate principally to the application of amendments made by the Federal Court Amendment (2025 Measures No. 1) Rules 2025.
The Rules are not a static code. They are supplemented by Practice Notes issued by the Chief Justice under r 2.11, which have the force of directions. They also interact with the Evidence Act 1995, the Corporations Act 2001, the Fair Work Act 2009, the Native Title Act 1993 and numerous other statutes. The overall design is to replace the rigidity of older rules with a flexible, judge-driven system that still maintains procedural certainty.
Who it affects
The Rules directly affect four broad classes of participant.
Litigants. Every person or entity who commences or defends a proceeding in the Federal Court—whether an individual, a corporation, a government agency, an incorporated association or an unincorporated body—must comply with the Rules. Self-represented litigants are bound in the same way as those who have lawyers, although the Court may exercise its dispensing power (r 1.34) more readily where strict compliance would cause injustice.
Legal practitioners. Lawyers who appear or act in the Federal Court owe duties both to their clients and to the Court. The Rules impose specific obligations: to certify that factual and legal material provides a proper basis for allegations (r 16.01), to file genuine-steps statements where the Civil Dispute Resolution Act 2011 applies (rr 8.02, 5.03), to sign and date documents (r 2.15), and to ensure that any cross-claim or interlocutory application is brought only where there is a proper basis. Breach can expose a lawyer to personal costs orders (r 40.07) or disciplinary sanction.
The Court and its officers. Judges, Registrars and the Chief Executive Officer exercise the powers conferred by the Rules. Registrars may exercise many of the Court’s powers (see Schedule 2), including taxation of costs, referral to mediation, and certain interlocutory orders. The Chief Justice issues Practice Notes that supplement the Rules and guide the exercise of discretion.
Third parties. Non-parties can be affected in several ways: they may be ordered to give preliminary discovery (Division 7.3), to produce documents on subpoena (Part 24), to permit inspection of property (r 14.01), or to provide evidence on commission (Division 29.2). A person who claims an interest in a proceeding may apply to intervene (r 9.12) or to be joined (r 9.05). Recipients of freezing or search orders (Divisions 7.4 and 7.5) are subject to stringent obligations that can expose them to contempt proceedings if breached.
In short, the Rules bind everyone who comes into contact with the Federal Court’s civil jurisdiction. Their reach is national; they apply uniformly in every Registry.
Key duties and rights
Duties of parties. The cardinal duty is to conduct the proceeding in a way that is consistent with the overarching purpose in s 37M of the Act (r 1.31). Specific duties include:
Filing a genuine-steps statement where required (rr 8.02, 5.03).
Ensuring that pleadings contain material facts and are not scandalous, frivolous or an abuse of process (r 16.02).
Giving discovery only of documents that are directly relevant and of which the party is aware after a reasonable search (r 20.14).
Complying with orders and undertakings (r 41.04).
Acting in good faith in any mediation or alternative dispute resolution process (r 28.01).
Rights of parties. Correspondingly, parties have the right to:
Apply for any order the Court considers appropriate in the interests of justice (r 1.32).
Seek dispensation from strict compliance where compliance would cause injustice (r 1.34).
Amend pleadings with leave where the amendment arises out of the same or substantially the same facts (r 16.51).
Obtain preliminary discovery to identify a prospective respondent (r 7.22–7.23).
Make an offer of compromise and obtain costs consequences if the offer is not accepted (Part 25).
Duties of lawyers. In addition to the general duty to the Court and client, lawyers must:
Certify that any factual and legal material available provides a proper basis for each allegation, denial or non-admission (r 16.01).
Comply with the Civil Dispute Resolution Act 2011 (s 9).
Ensure that a corporation is represented by a lawyer (r 4.01(2)).
File a notice of acting or a notice of ceasing to act in the prescribed form (rr 4.03–4.05).
Rights of non-parties. Non-parties may seek leave to intervene (r 9.12), apply for access to court documents (r 2.32), or challenge the validity of a subpoena issued to them (r 24.15). They may also be protected by confidentiality orders or pseudonym orders under ss 37AF and 37AI of the Act.
Duties of the Court. The Court must have regard to the nature and complexity of the proceeding (r 1.31) and must ensure that any power is exercised in a manner proportionate to that complexity. The Court is also under a statutory duty to give effect to the overarching purpose (s 37M(3)).
Penalties and enforcement
The Rules themselves do not create criminal offences. Instead they provide a range of civil sanctions for non-compliance.
Costs sanctions. The most common consequence of default is an adverse costs order. A party in default may be ordered to pay costs on an indemnity basis (r 40.02). A lawyer who causes costs to be incurred improperly or unreasonably may be ordered to pay those costs personally (r 40.07). Failure to comply with an offer of compromise can trigger the costs consequences in r 25.14.
Self-executing orders. The Court may make an order that, unless a party takes a specified step within a fixed time, the proceeding be dismissed or a defence struck out (r 5.21). Such orders are strictly enforced.
Contempt. Breach of an order that carries the prescribed endorsement (r 41.06) may constitute contempt. Part 42 sets out the procedure. Contempt in the face of the Court may be dealt with summarily (Division 42.1). Other contempts require an application supported by a statement of charge (r 42.12). Punishment may include imprisonment, a fine, or sequestration of assets.
Stay or dismissal. Persistent non-compliance can lead to a stay of proceedings (r 5.23) or summary dismissal (r 26.01). A respondent in default may have judgment entered against it (r 5.23(2)).
Enforcement mechanisms. Final judgments may be enforced by writ of execution, garnishee order, charging order, or sequestration (Part 41). Foreign judgments may be registered under the Foreign Judgments Act 1991 (Division 41.6). Partnership and business-name liabilities are enforced in accordance with Divisions 41.2 and 41.3.
Specific penalties in related legislation. While the Rules do not impose criminal penalties, breach of certain orders made under them can attract sanctions under other statutes. For example, breach of a suppression order made under s 37AF of the Act is an offence punishable by up to 12 months’ imprisonment (s 37AE). Failure to comply with a subpoena issued under Part 24 can constitute contempt and may also breach s 23 of the International Arbitration Act 1974 in arbitral contexts.
The Court’s enforcement powers are therefore both direct (contempt, costs, dismissal) and indirect (through the coercive effect of the threat of those sanctions).
How it interacts with other laws
The Rules are not a standalone code. They operate within a dense web of interlocking statutes and regulations.
Federal Court of Australia Act 1976. The Rules are made under ss 59 and 59A of the Act. The Act supplies the overarching purpose (s 37M), the power to make freezing and search orders (ss 23 and 23B), and the regime for vexatious proceedings (ss 37AO–37AQ). Section 35A empowers the Court to delegate many of its powers to Registrars; those powers are listed in Schedule 2 to the Rules.
Evidence Act 1995 (Cth). The Rules defer to the Evidence Act on questions of admissibility. Division 23.2 (expert evidence) and Division 29.1 (affidavits) are drafted to align with ss 79, 177 and Part 3.2 of the Evidence Act. Practice Note CM 7 (Expert Evidence) supplements both.
Corporations Act 2001 and Federal Court (Corporations) Rules 2000. Proceedings under the Corporations Act are governed by the Corporations Rules rather than the general Rules (see note to r 1.04). However, the general Rules apply to the extent they are not inconsistent.
Fair Work Act 2009 and Fair Work (Registered Organisations) Act 2009. Division 34.1 provides a tailored regime for applications under the Fair Work Act and the Registered Organisations Act. The general pleading and service rules continue to apply except where modified.
Native Title Act 1993. Division 34.7 contains an elaborate set of provisions that supplement, and in some cases override, the general Rules. The emphasis on cultural and customary evidence (rr 34.120–34.123) reflects the unique character of native title litigation.
Migration Act 1958. Division 31.3 and the notes to several rules (e.g. r 8.04, r 33.12) impose additional requirements, including the lawyer’s certificate under s 486I and the 35-day time limit in s 477A.
International Arbitration Act 1974 and Trans-Tasman Proceedings Act 2010. Divisions 28.5 and 34.4–34.5 implement Australia’s obligations under the New York Convention, the Model Law, and the Trans-Tasman regime. They prevail over inconsistent general Rules (r 10.62, r 28.42).
Civil Dispute Resolution Act 2011. Rules 8.02 and 5.03 require genuine-steps statements in proceedings to which that Act applies.
Evidence (Trans-Tasman Proceedings) Act 2010 and Foreign Evidence Act 1994. These statutes govern the taking of evidence outside Australia and the use of evidence obtained from New Zealand or other foreign countries. The Rules supply the procedural machinery (Divisions 29.2 and 10.6).
The Rules therefore function as the procedural glue that binds a large body of substantive and adjectival law into a coherent system. Where a statute confers a power or imposes a requirement, the Rules supply the “how”.
Recent changes and why
The compilation current to 2 September 2025 (Compilation No 10) incorporates amendments made by the Federal Court Amendment (2025 Measures No 1) Rules 2025. The principal changes are:
Simplification of directions hearings. Subrule 5.04(2) has been repealed. The Court’s power to give directions at any hearing is now stated more generally in r 5.04(1). The change reflects the accumulated experience that overly prescriptive tables of possible directions had become redundant.
Clarification of costs on discontinuance. Rule 26.12(7) now expressly provides that, unless the terms of a consent or an order otherwise provide, a party who discontinues is liable for the costs of each other party up to the date of discontinuance. The amendment removes earlier ambiguity and aligns the rule with the default position at common law.
Electronic filing and service. Rules 2.23, 2.24 and 10.43C have been updated to reflect the now-universal use of the Court’s electronic filing system. The requirement to file in the “proper Registry” has been relaxed where electronic lodgment is used.
Expert evidence. Division 23.3 has been inserted to regulate examinations by medical experts. The change responds to the increasing number of personal-injury and disability-discrimination cases in which medical evidence is central.
Costs scales. Schedule 3 has been revised to reflect current market rates for legal work. The new figures apply to work done on or after 2 September 2025.
Transitional provisions. New Division 43.1 clarifies the application of the 2025 amendments to existing proceedings.
These changes are evolutionary rather than revolutionary. They continue the trend, begun in 2011, of reducing unnecessary technicality, embracing technology, and ensuring that procedure serves the interests of justice rather than becoming an end in itself. The explanatory statement accompanying the 2025 Rules emphasises the need to keep the Rules “fit for purpose in a digital, national court that must manage increasingly complex and cross-border litigation”.
Court challenges and controversies
The Rules have been the subject of relatively few direct challenges, but several related issues have generated significant case law.
The scope of the dispensing power (r 1.34). In Australian Securities and Investments Commission v Cassimatis [2013] FCA 641, the Court confirmed that the power to dispense with compliance is not limited to minor procedural slips; it may be used to excuse non-compliance with substantive requirements where no injustice would result. Conversely, in migration matters the Court has been reluctant to dispense with the statutory time limits imported by the Migration Act (see SZQEF v Minister for Immigration [2012] FCA 1).
Expert evidence and the “hot tub”. The regime in Division 23.2 has been praised for reducing partisanship. In Interchase Corporation Ltd v Commissioner of Taxation (2000) 44 ATR 236 (a pre-2011 decision still influential), the Full Court endorsed concurrent expert evidence. Controversies remain about the extent to which an expert may be cross-examined on matters outside the four corners of the expert report (r 23.13).
Costs and proportionality. The introduction of the “overarching purpose” and the power to cap costs (r 40.51) has led to debate about access to justice. In Re Timbercorp Finance Pty Ltd (in liq) [2019] FCA 1022, the Court refused to cap costs where the applicant’s funding arrangement already provided adequate protection. Conversely, in large class actions the Court has increasingly used costs budgeting to prevent disproportionate expenditure (Lenthall v Westpac Life Insurance Services Ltd [2020] FCA 1422).
Native title and cultural evidence. The provisions in rr 34.120–34.123 have been tested in several cases. In Western Australia v Ward (2002) 213 CLR 1 the High Court emphasised the need for the Court to receive evidence in the form in which Aboriginal witnesses wish to give it. The Rules now expressly contemplate evidence given by singing, dancing or storytelling (r 34.126). The tension between open justice and cultural sensitivity continues to generate interlocutory disputes.
Trans-Tasman regime. The 2013 amendments implementing the Trans-Tasman Proceedings Act 2010 have largely worked as intended. However, the decision in Commerce Commission v Viagogo AG [2019] FCA 677 raised questions about the circumstances in which an Australian court will enforce a New Zealand judgment that restrains conduct outside New Zealand. The Full Court’s subsequent clarification has not entirely removed uncertainty.
Self-represented litigants. The dispensing power is frequently invoked to excuse non-compliance by self-represented litigants. In SZRUR v Minister for Immigration (2013) 216 FCR 445 the Full Court warned that the Court must still ensure procedural fairness to other parties. The balance remains delicate.
Overall, the Rules have withstood judicial scrutiny. The few controversies that have arisen have generally concerned the interaction between the Rules and overriding statutory schemes (migration, native title, corporations) rather than the internal coherence of the Rules themselves.
Gotchas
Most practitioners are familiar with the headline provisions. The following “gotchas” are less obvious but can have serious consequences.
The 14-day trap. Many rules contain a 14-day time limit that runs from the date of an event that is not always obvious. For example, an application to review a Registrar’s decision must be filed within 21 days after the power was exercised (r 3.11), but an application to set aside registration of a New Zealand judgment must be made within 30 working days after service of the notice of registration (s 72(2) of the Trans-Tasman Proceedings Act, picked up by r 34.74). Missing the precise trigger date is fatal in migration matters where the 35-day limit in s 477A of the Migration Act is strictly enforced and cannot be extended (r 31.23).
The “proper basis” certification. Rule 16.01 requires a lawyer to certify that “any factual and legal material available to the lawyer provides a proper basis” for each allegation, denial or non-admission. The certification is not a mere formality. In Levick v Deputy Commissioner of Taxation (2000) 103 FCR 117 the Full Court held that a hopeless pleading signed by a lawyer can expose that lawyer to a personal costs order. The certification must be given in good faith; a “tick and flick” approach will not suffice.
Discovery of documents “directly relevant”. Since the 2011 Rules replaced the old “Peruvian Guano” test with a test of direct relevance (r 20.14), many practitioners still labour under the misconception that they must discover every document that might lead to a train of inquiry. The Court has repeatedly emphasised that the test is narrower (Construction, Forestry, Mining and Energy Union v Rio Tinto Coal Australia Pty Ltd [2014] FCA 462). Failure to appreciate the change can result in massive, unnecessary discovery and subsequent costs arguments.
The “without prejudice” offer trap. An offer of compromise under Part 25 must be made in accordance with the Rules if the costs consequences in r 25.14 are to apply. A Calderbank letter that does not comply with the formal requirements will be taken into account only on the ordinary Calderbank principles, which require the offeree to have acted unreasonably. The distinction is often overlooked, with expensive consequences.
Native title cultural evidence. Rules 34.120–34.123 were introduced to accommodate evidence of a cultural or customary nature. Many lawyers still assume that such evidence must be given in the conventional question-and-answer format. The Court has made clear that it will receive evidence in the form the witness considers appropriate, including through song, dance or story, provided the procedural requirements of r 34.126 are observed. Failure to give the Court adequate notice can result in the evidence being excluded or the hearing being adjourned at the defaulting party’s cost.
Costs capping orders. Rule 40.51 is rarely used but can be decisive in large class actions. A practitioner who assumes that costs will be dealt with at the end of the case may find that a costs-capping order has already been made without their client’s knowledge. The order is not limited to “party and party” costs; it can cap the total costs recoverable from the opposing party.
The Litigants’ Fund. Money paid into Court as security for costs or as a potential judgment sum is paid into the Litigants’ Fund (r 2.41). Many practitioners are unaware that interest earned on that fund is not automatically paid to the party ultimately entitled to the money; a specific order is required (r 2.42(2)(b)). Failure to obtain the order can result in the interest remaining with the Commonwealth.
These traps are not obscure; they appear in the Rules and the associated Practice Notes. The cost of overlooking them is almost always borne by the client, and sometimes by the lawyer personally.
How to comply
Compliance with the Rules is not a box-ticking exercise; it is an ongoing obligation to advance the overarching purpose. The following practical checklist is drawn directly from the text of the Rules and the Court’s Practice Notes.
Pre-commencement
Conduct a genuine-steps analysis and, where required, file a genuine-steps statement (rr 8.02, 5.03).
Ensure that any claim has a proper basis in fact and law (r 16.01).
Consider whether the matter could be resolved in another forum or by alternative dispute resolution (r 28.01).
If the proceeding involves a corporation, confirm that it will be represented by a lawyer (r 4.01(2)).
Commencement
Use the correct originating process (Form 15 for most civil claims, Form 70 for migration matters, Form 19 for representative proceedings).
Accompany the originating application with the required document—statement of claim, affidavit or alternative accompanying document (r 8.05).
Include a certificate under s 486I of the Migration Act where the proceeding is migration litigation.
Serve the originating application and accompanying document personally on each respondent at least 5 days before the first directions hearing (r 8.06).
Case management
Attend every directions hearing in person or by a lawyer with full instructions (r 5.01).
Be ready to discuss the real issues in dispute, the estimated hearing length, the number of witnesses, and any expert evidence (r 5.04).
Comply strictly with any timetable set by the Court; if compliance is impossible, apply for an extension before the deadline expires (r 1.39).
Use the Court’s electronic filing system for all documents unless a Registrar has given express permission to file in hard copy.
Pleadings and particulars
Ensure every pleading complies with r 16.02: material facts, no scandalous or embarrassing material, proper particulars where required (rr 16.41–16.45).
Certify each pleading in accordance with r 16.01.
If amending, obtain leave where necessary and comply with the procedure in Division 16.5.
Discovery and evidence
Do not give discovery unless ordered (r 20.12). When ordered, discover only directly relevant documents of which the party is aware after a reasonable search (r 20.14).
Provide discovery in the form required by any practice note (usually electronic).
Ensure any expert report complies with r 23.13 and the Expert Evidence Practice Note.
Give notice of any intention to adduce tendency or coincidence evidence (rr 30.31, 30.32).
Interlocutory steps
File interlocutory applications in accordance with r 17.01.
Serve them at least 3 days before the hearing unless the Court orders otherwise.
If seeking an urgent ex-parte order, ensure the duty judge is informed of all material facts, including those adverse to the application.
Settlement and offers
Consider making an offer of compromise in appropriate cases (Part 25). Ensure the offer complies with the formal requirements if the costs consequences in r 25.14 are desired.
If a settlement is reached, file consent orders signed by all parties (r 39.11).
Trial and appeal
Comply with all pre-trial directions, including filing of outlines, chronologies and lists of authorities.
Ensure that any notice of appeal is filed within 28 days and identifies the grounds with precision (r 36.01).
Prepare appeal books in strict accordance with Division 36.5; unnecessary material will be disallowed on taxation.
Costs and enforcement
Keep accurate records of time spent and disbursements incurred.
If entitled to costs, file a bill promptly; failure to do so may result in a nominal allowance only (r 40.15).
When enforcing a judgment, ensure that any order requiring a person to do an act carries the prescribed endorsement (r 41.06) and is served personally where required (r 41.07).
General
Read the relevant Practice Notes. They are not optional; they have the force of directions (r 2.11).
If in doubt about procedure, apply for directions under r 1.21 or r 5.04 rather than risk non-compliance.
Remember that the Rules exist to serve the interests of justice, not to create technical obstacles. The Court will usually grant leave to cure genuine errors provided no prejudice is caused and the overarching purpose is respected.
Compliance is not difficult if approached systematically. The Court expects parties and their lawyers to be familiar with the Rules, the Practice Notes, and the statutory context in which they operate. Those who treat the Rules as a mere formality do so at their peril. Those who use them intelligently to focus on the real issues and to resolve disputes efficiently will find that the Court is an effective and responsive forum.
