Commonwealth Numbered Regulations

FEDERAL COURT AMENDMENT RULES 2001 (NO. 1) 2001 NO. 20 - SCHEDULE 1

(rule 3)

[1] Order 1, subrule 5A (2)

substitute

(2) However, a document may not be sent:

(a)

by facsimile transmission if the document (including any annexure or attachment) is more than 20 pages long; or

(b)

by electronic communication if the document (including any attachment) is more than 50 pages long; or

(c)

by facsimile transmission or electronic communication if it is an affidavit referred to in Order 77, paragraph 19 (6) (b).

[2] Order 1, subrule 5A (6)

omit

stamped.

insert

stamped in accordance with Order 46, rule 4.

[3] Order 1, subrule 5AB (1)

omit

for each Registry must approve at least one facsimile number for the Registry

insert

must approve at least one facsimile number for each Registry

[4] Order 1, paragraph 5AB (4) (c)

omit everything after

by

insert

sending it:

(i)

by facsimile transmission to the facsimile number stated on the cover sheet; or

(ii)

if there is no facsimile number stated, to the postal address stated on the cover sheet.

[5] Order 1, subrule 5AB (5)

omit

give the Registry

insert

send, or ask the Registry to make,

[6] Order 1, subrule 5AC (1)

substitute

(1) The Registrar:

(a)

must approve the formats in which electronic versions of documents 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.

[7] Order 1, paragraph 5AC (2) (a)

substitute

(a) be sent:

(i)

by using the Court's Internet home page at htt www.fedcourt.gov.au ; or

(ii)

to an email address approved for the Registry; and

[8] Order 1, subparagraphs 5AC (2) (e) (i) and (ii)

substitute

(i)

the sender's name, postal address and telephone number; and

(ii)

if applicable, the sender's document exchange number, facsimile number and email address; and

(iii)

the Registry in which the document is to be filed or, if the document is in an existing proceeding, the Registry which is the proper place for the proceeding; and

(iv)

the processing of the document required.

[9] Order 1, subrules 5AC (3) and (4)

substitute

(3)

An affidavit may only be filed by electronic communication by sending an image of the affidavit in accordance with subrule (2).

(4) If the document is in an existing proceeding, it must be sent:

(a)

by using the Court's Internet home page at http://www.fedcourt.gov.au ; or

(b)

to an email address approved for the Registry which is the proper place for the proceeding.

[10] Order 1, paragraph 5AC (5) (c)

omit everything after

by

insert

sending it:

(i)

by electronic communication to the email address stated on the cover sheet; or

(ii)

if there is no email address stated, to the postal address stated on the cover sheet.

[11] Order 1, subrule 5AC (6)

omit

give the Registry

insert

send, or ask the Registry, to make

[12] Order 4, subrule 7 (1)

omit

sign and seal with the seal of the Court

insert

sign, and affix the seal of the Court to,

[13] Order 7, paragraph 4 (1) (b)

after

his

insert

or her

[14] Order 7, paragraphs 4 (1) (d) and (e)

substitute

(d)

if a person to be served has filed a notice for service at an exchange box of a solicitor under paragraph 7 (1) (a) of this Order — by leaving a copy of the document, addressed to that solicitor, in that exchange box; or

(e)

if a person to be served has filed a notice for service by facsimile transmission under paragraph 7 (1) (b) of this Order — by sending the document to the facsimile number specified in the notice; or

(f)

if a person to be served has filed a notice for service by electronic communication under paragraph 7 (1) (c) of this Order — by sending the document to the email address specified in the notice.

[15] Order 7, subrule 4 (2)

omit

he

insert

the person

[16] Order 7, subrule 4 (2)

omit each mention of

his

insert

the person's

[17] Order 7, paragraph 4 (3) (c)

omit

public holidays.

insert

public holidays; or

[18] Order 7, after paragraph 4 (3) (c)

insert

(d)

is sent by electronic communication in accordance with paragraph (1) (f) — be one day after the copy is sent.

[19] Order 7, after subrule 4 (3)

insert

(4)

For paragraphs (3) (b), (c) and (d), mention of a day or days does not include a Saturday, Sunday or a public holiday.

[20] Order 7, paragraph 4A (1) (a)

omit

solicitor;

insert

solicitor; or

[21] Order 7, paragraph 4A (1) (c)

omit

solicitor.

insert

solicitor; or

[22] Order 7, after paragraph 4A (1) (c)

insert

(d)

by sending a copy of the document by facsimile transmission directed to the facsimile number operated at the premises of, or in connection with, the first-named solicitor; or

(e)

by sending a copy of the document by electronic communication directed to the email address of the first-named solicitor.

[23] Order 7, paragraph 4A (2) (b)

omit

left.

insert

left; or

[24] Order 7, after paragraph 4A (2) (b)

insert

(c)

is sent by facsimile transmission in accordance with paragraph (1) (d) — be one day after the copy is sent; or

(d)

is sent by electronic communication in accordance with paragraph (1) (c) — be one day after the copy is sent.

[25] Order 7, after subrule 4A (2)

insert

(3)

For paragraphs (2) (b), (c) and (d), mention of a day or days does not include a Saturday, Sunday or a public holiday.

[26] Order 7, rule 7, heading

substitute

7 Document exchange, facsimile number or email address — Form 12

[27] Order 7, subrules 7 (1), (2) and (3)

substitute

(1) A person may, by filing a notice in accordance with Form 12, or by adding a notice to that effect to the person's originating process (other than a cross-claim) or notice of appearance, authorise that documents in the proceeding may be served on the person:

(a)

if the person's address for service is the office of a solicitor who uses the facilities of a document exchange — at the solicitor's document exchange box specified in the notice; or

(b)

by sending the documents to the facsimile number specified in the notice; or

(c)

by sending the documents by electronic communication to the email address specified in the notice.

(2) A person may:

(a)

change the particulars stated in the notice by filing a further notice showing the new particulars; or

(b)

cancel the notice by filing a further notice to that effect.

(3)

A person who files a notice under subrule (1) (other than a notice added to an originating process or a notice of appearance), a notice of change or notice of cancellation must, on the date of filing, serve the notice on each party to the proceeding.

[28] Order 8, subrule 10 (2)

omit

shall seal the documents lodged with the seal of the Court and shall send

insert

must affix the seal of the Court to the documents and send

[29] Order 8, subrule 14 (2)

omit everything before paragraph (a), insert

The Registrar must affix the seal of the Court to a document to be served and must send the document to the Secretary of the Attorney-General's Department, together with:

[30] Order 9, subrule 3 (4)

substitute

(4) On the filing of the notice of appearance, the Registrar must:

(a)

affix the stamp of the Court to the notice and to any copies of the notice; and

(b)

write the date when the stamp has been affixed on the notice and on any other copies; and

(c)

return the documents to the person entering the appearance.

[31] Order 10, subparagraph 1 (2) (a) (xviii)

substitute

(xviii)

the taking of evidence and receipt of submissions by video link, or telephone, or electronic communication, or such other means as the Court considers appropriate; and

[32] Order 27, subrule 6 (2)

substitute

(2)

The Registrar must affix the stamp of the Court to a subpoena issued under subrule (1).

[33] Order 35, paragraphs 10 (2) (a) and (b)

omit

seal

insert

affix the stamp of the Court to

[34] Order 36, rule 10

substitute

10 Stamping

When an order is entered, the Registrar must affix the stamp of the Court to the order.

[35] Order 41, paragraph 3 (1) (a)

omit each mention of

the number of the facsimile receiver

insert

the facsimile number and the email address

[36] Order 41, paragraph 3 (1) (b)

omit

rule 7,

insert

paragraph 7 (1) (a),

[37] Order 41, subrule 3 (2)

omit

and his or her telephone number, if any, shall be

insert

and, if applicable, his or her telephone number, facsimile number and email address, must be

[38] Order 41, after rule 6

insert

7 Signature by electronic means

If a document (other than an affidavit) is required by these Rules to be signed, that requirement is satisfied if a facsimile of the signature is affixed on the document by electronic means, by, or at the direction of, the signatory.

[39] Order 46, subrule 2 (5)

substitute

(5)

A document or a copy of a document to which a stamp has been affixed in accordance with rule 4 is as valid and effectual as if it had been sealed with the seal of the Court.

[40] Order 46, after rule 4

insert

4A Affixing the seal or stamp of the Court
The seal or stamp of the Court may be affixed on a document:

(a)

by hand; or

(b)

by electronic means; or

(c)

in another way.

[41] Order 48, paragraph 11 (a)

substitute

(a)

sign and affix the stamp of the Court to the application; and

[42] Order 48, paragraph 11 (c)

substitute

(c) provide the applicant with a stamped copy of the application and a copy of any supporting documents by:

(i)

if the application was presented to the Registry — giving them to the applicant; or

(ii)

if the application was sent to the Registry by post or document exchange — sending them to the applicant in accordance with Order 1, subrule 5A (11); or

(iii)

if the application was sent to the Registry by facsimile transmission — sending them to the applicant in accordance with Order 1, paragraph 5AB (4) (c); or

(iv)

if the application was sent to the Registry by electronic communication — sending them to the applicant in accordance with Order 1, paragraph 5AC (5) (c).

[43] Order 51A, after subrule 2 (4)

insert

(4A)

The Registrar must affix the stamp of the Court to a sufficient number of copies of the notice for service in accordance with subrule (5).

[44] Order 52A, paragraph 4 (1) (d)

omit

residence.

insert

residence; or

[45] Order 52A, after paragraph 4 (1) (d)

insert

(e)

by sending the document by facsimile transmission directed to the facsimile number operated at, or in connection with, the address nominated in the appropriate document filed under this Order; or

(f)

by sending the document by electronic communication directed to the email address nominated in the appropriate document filed under this Order.

[46] Order 52A, subrule 4 (2)

substitute

(2) The time of service of a document served under this Order is:

(a)

if the document is sent by pre-paid post in accordance with paragraph (1) (c) or (d) — 7 days after it is sent; or

(b)

if the document is sent by facsimile transmission in accordance with paragraph (1) (e) — one day after it is sent; or

(c)

if the document is sent by electronic communication in accordance with paragraph (1) (f) — one day after it is sent.

(3)

For paragraphs (2) (b) and (c), mention of a day does not include a Saturday, Sunday or a public holiday

[47] Order 52A, paragraphs 11 (2) (b) and (c)

omit

address and telephone number

insert

address, telephone number and, if applicable, the facsimile number and the email address

[48] Order 52B, subparagraph 5A (b) (i)

substitute

(i)

a stamped copy of the notice of appearance; and

[49] Order 69, subrule 4 (7)

substitute

(7)

The Registrar must affix the stamp of the Court to the subpoena.

[50] Order 69, subrules 9 (4) and (5)

substitute

(4)

The Registrar must affix the stamp of the Court to a certificate issued under subrule (1).

(5) A stamped copy of the certificate must be sent to the New Zealand Registry by:

(a)

the person on whose application the certificate is issued; or

(b)

if the certificate is issued by the Court on its own motion — the person on whose behalf the subpoena was issued.

[51] Order 69A, subrule 6 (4)

substitute

(4)

The Registrar must affix the stamp of the Court to a certificate issued under subrule (1).

[52] Order 70, paragraph 2 (2) (a)

substitute

(a)

sign and affix the stamp of the Court to the petition; and

[53] Order 70, paragraph 3 (2) (a)

substitute

(a)

sign and affix the stamp of the Court to the reference; and

[54] Order 77, paragraph 29 (1) (a)

substitute

(a)

sign and affix the stamp of the Court to the summons; and

[55] Order 77, paragraph 36 (1) (a)

substitute

(a)

sign and affix the stamp of the Court to the summons; and

[56] Order 78, subrule 44 (3)

omit

seal

insert

affix the stamp of the Court to

[57] First Schedule, Form 12

substitute

Form 12 Notice of service to document exchange, facsimile number or email address
(Order 7, rule 7)

The ( applicant ) may be served:

* (a) by sending a document to be served to the following exchange box in ( insert name of capital city ) of ( insert name of document exchange ):

( Name of solicitor whose exchange box it is )
( Exchange box number )

* (b) by sending a document to be served to the following facsimile number:

( insert facsimile number )

* (c) by sending a document to be served electronically to the following email address:

( insert email address )

*  delete if not applicable