(1)

This rule applies if the Registrar has sent documents to the Secretary to the Attorney-General's Department under rule 10, and afterwards a certificate as to service, attempted service or non-service is filed purporting to be a certificate of:

(a)

a judicial authority or other responsible person in the country concerned; or

(b)

an Australian consular authority in that country; or

(c)

an authorised employee in that country.

(2)

The certificate is evidence of the matters stated in the certificate.

(3)

For subrule (1), authorised employee means an employee of the Commonwealth or the Australian Trade Commission authorised for the purpose of paragraph 3 (c) or (d) of the Consular Fees Act 1995 .

[2] Order 15, rule 2

substitute

(1)

A party required to give discovery must do so within the time specified in the notice of discovery (not being less than 14 days after service of the notice of discovery on the party), or within such time as the Court or a Judge directs.

(2)

A party must give discovery by filing and serving:

(a)

a list of documents required to be disclosed; and

(b)

an affidavit verifying the list.

(3)

Without limiting rule 3 or 7, the documents required to be disclosed are any of the following documents of which the party giving discovery is, after a reasonable search, aware at the time discovery is given:

(a)

documents on which the party relies; and

(b)

documents that adversely affect the party's own case; and

(c)

documents that adversely affect another party's case; and

(d)

documents that support another party's case; and

(e)

documents that the party is required by a relevant practice direction to disclose.

(4)

However, a document is not required to be disclosed if the party giving discovery reasonably believes that the document is already in the possession, custody or control of the party to whom discovery is given.

(5)

In making a reasonable search for subrule (3), a party may take into account:

(a)

the nature and complexity of the proceedings; and

(b)

the number of documents involved; and

(c)

the ease and cost of retrieving a document; and

(d)

the significance of any document likely to be found; and

(e)

any other relevant matter.

(6)

If the party does not search for a category or class of document, the party must include in the list of documents a statement of the category or class of document not searched for and the reason why.

[3] Order 15, subrule 6 (1)

omit

orders, conform

insert

orders, be in accordance with Form 22 and conform

[4] Order 21, rule 1

substitute

(1)

If a person institutes a vexatious proceeding and the Court is satisfied that the person has habitually, persistently and without reasonable grounds instituted other vexatious proceedings in the Court or any other Australian court (whether against the same person or against different persons), the Court may order:

(a)

that any proceeding instituted by the person may not be continued without leave of the Court; and

(b)

that the person may not institute a proceeding without leave of the Court.

(2)

An order under this rule may be made:

(a)

on the Court's own motion; or

(b)

on the application of the Attorney-General or Solicitor-General of the Commonwealth or of a State or Territory; or

(c)

on the application of the Registrar.

[5] Order 25, rule 1

omit

In an urgent case,

insert

(1)

In an urgent case,

[6] Order 25, rule 1

insert

(2)

An applicant under subrule (1) must give an undertaking to the Court to commence proceedings in relation to the subject matter of the application within 14 days of the determination of the application.

[7] Order 27, after subrule 8 (4)

insert

(4A)

If a subpoena requires attendance or production on a specified date, the subpoena must be served not later than 5 days before the date unless the Court otherwise orders.

[8] After Order 34A

insert

Order 34B Expert assistant

This order does not apply to a question or matter to be tried before a jury.

(1)

The Court or a Judge may, at any stage of a proceeding and with the consent of the parties, appoint an expert as an expert assistant to assist the Court on any issue of fact or opinion identified by the Court or Judge (other than an issue involving a question of law) in the proceeding.

(2)

A person who has given evidence, or whom a party intends to call to give evidence, in the proceeding must not be appointed as an expert assistant in the proceeding.

(3)

For this rule, expert means a person who has specialised knowledge based on the person's training, study or experience.

(1)

An expert assistant in a proceeding must give the Court a written report on the issues identified by the Court or Judge only.

(2)

However, at the direction of the Court or a Judge and with the consent of the parties, the expert assistant may assist the Court by making other comments in the report.

(3)

The expert assistant must:

(a)

state in the report each issue identified by the Court or Judge; and

(b)

give a copy of the report to each party.

(4)

The Court must give each party a reasonable opportunity to comment on the report and may allow a party to adduce evidence, or further evidence, in relation to an issue identified, but not to examine or cross-examine the expert assistant.

(5)

A party must not communicate, directly or indirectly, with the expert assistant about any issue to be reported on, without the leave of the Court or a Judge.

(6)

The expert assistant must not give evidence in the proceeding.

The Court may make an order for the payment of an amount for the reasonable remuneration and expenses of an expert assistant, including an order that the amount be paid by 2 or more parties jointly.

[9] Schedule 1, Form 22

omit

relating to any matter in question between the applicant and the respondent

insert

required to be disclosed for the purposes of Order 15 subrule 2 (3)

[10] Schedule 1, Form 131

omit

The Applicant
The Respondent

[11] Second Schedule

substitute