Commonwealth Consolidated Regulations

FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 - SCHEDULE 1

Note:   See rule   1.11.

  (1)   In these Rules, the following expressions have the same meaning as in the Federal Court Rules   2011 :

  (a)   business day , in a place;

  (b)   conduct money ;

  (ba)   convention ;

  (c)   corporation ;

  (d)   description ;

  (e)   direction ;

  (f)   document ;

  (g)   electronic communication ;

  (h)   email address ;

  (i)   expert ;

  (j)   expert evidence ;

  (k)   expert report ;

  (l)   interlocutory application ;

  (m)   Litigants Fund ;

  (n)   order ;

  (o)   proper address , for a person to be served;

  (p)   proper place , for a proceeding;

  (q)   proper Registry , for a proceeding;

  (r)   Registrar ;

  (s)   Registry ;

  (t)   stamp , for a document;

  (u)   without notice .

  (2)   In these Rules:

"accused" , in relation to summary criminal proceedings, means the respondent in the proceedings.

Note:   For the meaning of accused in relation to indictable primary proceedings and criminal appeal proceedings, see section   4 of the Act.

"Act" means the Federal Court of Australia Act 1976 .

"address for service" : see rule   1.38.

"appellant" includes:

  (a)   a person who files a notice referred to in subrule   4.01(1) or (2) (an application for leave to appeal); and

  (b)   a person who files an application referred to in subrule   4.02(1) or 4.11(1) (an application for an extension of time to seek leave to appeal or to file a notice of appeal).

"application for leave to appeal" means an application for leave to appeal under subsection   30AA(1), (2) or (4) of the Act.

"approved form" means a form approved by the Chief Justice under subrule   1.12(2).

"committal order" means:

  (a)   an order that:

  (i)   is made by a court of a State or Territory exercising jurisdiction under subsection   68(2) of the Judiciary Act 1903 ; and

  (ii)   is for the commitment for trial on indictment of a person who has been charged with an offence against a law of the Commonwealth; or

  (b)   an order referred to in subsection   23GB(1) of the Act.

"committal papers" , for committal proceedings, includes:

  (a)   the evidence relied on at the committal proceedings; and

  (b)   the orders (however described) made at the committal proceedings.

"criminal proceedings" means any of the following proceedings:

  (a)   criminal appeal proceedings;

  (b)   indictable primary proceedings;

  (c)   summary criminal proceedings.

"Dictionary" has the meaning given by rule   1.11.

"notice of appeal" means a notice of appeal referred to in rule   4.10.

"party" :

  (a)   to criminal proceedings--means any of the following parties:

  (i)   a party to summary criminal proceedings;

  (ii)   a party to indictable primary proceedings;

  (iii)   a party to criminal appeal proceedings; and

  (b)   to summary criminal proceedings--means the applicant or respondent in the proceedings; and

  (c)   to indictable primary proceedings--means the prosecutor or accused in the proceedings; and

  (d)   to criminal appeal proceedings--means the appellant or respondent in the proceedings.

"prosecutor" includes a member of the staff of the Office of the Director of Public Prosecutions established by section   5 of the Director of Public Prosecutions Act 1983 .

"summary criminal proceedings" means a prosecution dealt with by a single Judge in the exercise of the Court's summary criminal jurisdiction.

Note:   The Court has jurisdiction in relation to summary offences under certain Acts including the Bankruptcy Act 1966 , the Competition and Consumer Act 2010 , the Copyright Act 1968 and the Fair Work Act 2009 .