Part 3.1 Corporations (Aboriginal and Torres Strait Islander) Act 2006
Item |
Provision |
Description (for information only) |
1 |
Section 52 6 -1 (1) |
Power to order that an Aboriginal and Torres Strait Islander corporation be wound up |
Part 3.2 Trans-Tasman Proceedings Act 2010
Item |
Provision |
Description (for information only) |
11 |
Section 36 (1) |
Power to set aside a subpoena in whole or in part |
12 |
Section 36 (4) |
Power to determine an application without a hearing |
13 |
Section 36 (6) |
Power to direct that a hearing may be held remotely |
14 |
Section 38 |
Power to issue a certificate stating that the person named in a subpoena has failed to comply with the subpoena |
Part 3.3 Federal Court of Australia Act 1976
Item |
Provision |
Description (for information only) |
21 |
Section 31A (1) |
Power to give summary judgment for a prosecuting party |
22 |
Section 31A (2) |
Power to give summary judgment for a defending party |
23 |
Section 32AB (1) |
Power to order the transfer of a proceeding to the Federal Magistrates Court |
24 |
Section 32AB (7) |
Power to make a necessary order pending the disposal of a proceeding by the Federal Magistrates Court |
25 |
Section 37N (3) |
Power to require a party's lawyer to give the party an estimate of the likely duration of the proceeding or part of the proceeding and of the likely amount of costs the party will have to pay in connection with the proceeding or part of the proceeding |
26 |
Section 37P (2) |
Power to give directions about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding |
27 |
Section 37P (5) |
Power to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding |
28 |
Section 43 (3) |
Power to do any of the things mentioned in paragraphs 43 (3) (a) to (g) in relation to costs of or in connection with an application heard by a Registrar |
29 |
Section 47 (1) |
Power to direct or allow the manner of giving of testimony in a proceeding other than the trial of a cause |
3 0 |
Section 47 (3) |
Power to direct or allow proof by affidavit at the trial of a cause |
31 |
Section 47 (4) |
Power to permit the use of an affidavit without cross-examination of the maker |
32 |
Section 47 (5) |
Power to order the manner of giving of testimony at the trial of a cause |
33 |
Section 47A (1) |
Power to direct or allow testimony to be given by video link, audio link or other appropriate means |
34 |
Section 47B (1) |
Power to direct or allow a person to appear or to make a submission by video link, audio link or other appropriate means |
35 |
Section 47D |
Power to direct or allow a document to be put to a person who is appearing or being examined by video link, audio link or other appropriate means |
36 |
Section 47F (1) |
Power to make an order for payment of expenses incurred in connection with the giving of testimony, appearance or the making of submissions by video link, audio link or other appropriate means |
37 |
Section 48 |
Power to direct a change of venue for a proceeding or part of a proceeding |
38 |
Section 50 |
Power to make an order forbidding or restricting the publication of particular evidence or the name of a party or witness |
39 |
Section 51 (2) |
Power to make an order declaring that a proceeding is not invalid by reason of an irregularity or formal defect |
40 |
Section 52(2) |
Power to fix a rate of interest that is lower than that fixed by section 52(2) |
41 |
Section 56 (1) |
Power to order an applicant or appellant to give security for costs |
42 |
Section 56 (2) |
Power to direct the amount, the time for giving, and the manner and form of security |
43 |
Section 56 (3) |
Power to reduce or increase the amount of security |
44 |
Section 56 (3) |
Power to vary the time of giving or the manner and form of security |
45 |
Section 56 (4) |
Power to order that a proceeding or appeal be dismissed |
Part 3.4 Foreign Evidence Act 1994
Item |
Provision |
Description (for information only) |
51 |
Section 7 (1) |
Power to make an order for taking evidence abroad |
52 |
Section 8 (1) |
Power to give a direction about the procedure for examination of a person outside Australia |
53 |
Section 8 (2) |
Power to include, in an order mentioned in section 7 (1) (c) of the Act, a request about a matter relating to taking of evidence in a foreign country |
Part 3.5 Foreign Judgments Act 1991
Item |
Provision |
Description (for information only) |
61 |
Sections 6 (3), (12) , (13) and (14) |
Power to order that a foreign judgment be registered |
62 |
Section 6 (5) |
Power to make an order extending the time for making an application |
Part 3.6 Native Title Act 1993
Item |
Provision |
Description (for information only) |
71 |
Section 64 |
Power to grant leave to amend native title determination or compensation applications |
72 |
Sections 66 and 66A |
Power to make orders as to person to whom notice must be given and how such notice must be given |
7 3 |
Section 66B |
Power to make order to replace an applicant |
74 |
Section 67 |
Power to make order that overlapping applications be dealt with in the same proceeding |
75 |
Section 83A |
Power to request searches to be conducted |
76 |
Section 84 |
Power to make orders for the joinder, dismissal, withdrawal, cessation or representation of a party |
77 |
Section 85 |
Power to grant leave to a party to be represented before the Court |
78 |
Section 86B |
Power to refer applications to the National Native Title Tribunal for mediation |
79 |
Section 86C |
Power to make order for the cessation of mediation |
80 |
Section 86F |
Power to make order adjourning a proceeding |
81 |
Section 92 |
Power to prohibit disclosure of evidence |
Part 3.7 Federal Court Rules 2011
Item |
Provision |
Description (for information only) |
9 1 |
Rule 1.04 (3) |
Power to order that the Federal Court Rules as in force immediately before 1 August 2011 apply to a step in a proceeding |
92 |
Power to make an order subject to conditions |
|
93 |
Power to dispense with compliance with rules 4.05, 5.02, 5.04, 7.24, 10.25, 11.01, 16.31, 16.54, 17.01, 20.16, 21.03, 22.03, 26.12, 29.08, 30.28 and 39.01 |
|
94 |
Power to dispense with compliance with a requirement of the Rules |
|
95 |
Power to make an order inconsistent with these Rules |
|
96 |
Power to make an order to fix a time |
|
97 |
Power to fix the time within which an act or thing is to be done |
|
98 |
Power to make an order to extend or abridge a time |
|
99 |
Power to exercise a power on the Registrar's own initiative or on the application of a person who has a sufficient interest in the proceeding |
|
100 |
Power to give judgment or make an order even if the applicant has not made a claim for that relief |
|
101 |
Power to specify in an order the consequences of non-compliance |
|
102 |
Power to transfer a proceeding to another place |
|
103 |
Power to approve removal of documents from a Registry |
|
104 |
Power to give leave to a person to inspect and copy a document in a proceeding |
|
105 |
Rule 2.32 (1) (b) |
Power to make an order that a document in a proceeding is confidential |
106 |
Power to order that money be paid out of a Litigants' Fund |
|
107 |
Power to receive evidence |
|
108 |
Rule 4.01 (2), Note 3 |
Power to give leave to a corporation to proceed otherwise than by a lawyer |
109 |
Power to give leave to a lawyer to file or serve a notice of change |
|
110 |
Power to refer a litigant for referral to a Pro Bono lawyer |
|
111 |
Power to make an order about the time when a notice of address for service must be served |
|
112 |
Power to give a direction at a hearing of a claim for interlocutory relief |
|
113 |
Power at any hearing, to make directions for the management, conduct and hearing of a proceeding |
|
114 |
Power to adjourn a directions hearing from time to time |
|
115 |
Power, in relation to a cross-claim, to make directions or orders for the management, conduct and hearing of the cross-claim |
|
116 |
Power to hear and determine a proceeding on a directions hearing |
|
117 |
Power to make an order if a party is in default as provided in rule 5.22 |
|
118 |
Power to: (a) remove from the Court file a document containing matter that is scandalous, vexatious or oppressive (b) strike such matter from the document |
|
119 |
Power to grant leave for the use of a recording device or communication device in a place where a hearing is taking place |
|
120 |
Power to appoint a receiver before the starting of a proceeding |
|
121 |
Power to make an order about property |
|
122 |
Power to make orders about the powers of a receiver |
|
123 |
Power to order a person to attend, or to make discovery, in relation to the description of a prospective respondent |
|
124 |
Rule 7.22 (2) |
Power to: (a) order a person to produce a document or thing; and (b) direct that an examination be held before the Court; and (c) order a person to give discovery in relation to a prospective respondent's description |
125 |
Power to order a prospective respondent to make discovery to a prospective applicant |
|
126 |
Power to make an order about service of an application |
|
127 |
Power to make an order for costs and expenses |
|
128 |
Power to make an order for security for costs and expenses |
|
129 |
Power to order that: (a) a document be amended; or (b) a party have leave to amend a document |
|
130 |
Power to give leave for two or more persons to be joined as applicants or respondents in a proceeding |
|
131 |
Power to order that a person be added as a party to a proceeding and make an order for the filing and service of documents in the proceeding |
|
132 |
Power to order that a person cease to be a party to a proceeding and make an order for the further conduct of the proceeding |
|
133 |
Power to make an order for the joinder or removal of a party following the assignment, transmission or devolution of a party's interest or liability, or for the future conduct of a proceeding |
|
134 |
Power to order that a proceeding be dismissed if a party is not substituted for a deceased party |
|
135 |
Rule 9.10, Note |
Power to make an order for the service of an order made under rule 9.10 |
136 |
Power to give leave to a person to intervene in a proceeding, determine the terms and conditions on which the person is to intervene and determine the rights, privileges and liabilities of the intervener |
|
137 |
Power to order that a document be taken to have been served on a person on a specified date |
|
138 |
Power to order the taking of steps to bring a document to a person's attention or for substituting another method of service |
|
139 |
Power to order that a document is taken to have been served on the happening of a specified event or at the end of a specified time |
|
140 |
Power to make an order that the filing of a document does not have effect as service of the document |
|
141 |
Power to make an order about service of a notice or other document by the Court or an officer of the Court |
|
142 |
Power to make an order about a person's address for service |
|
143 |
Power to make an order about an originating process |
|
144 |
Power to make an order about property, a document or information |
|
145 |
Power to make an order in relation to the appointment of a receiver |
|
146 |
Power to fix remuneration for a receiver |
|
147 |
Power to make an order in relation to a cross-claim |
|
148 |
Power to make an order in relation to an amendment to a cross-claim |
|
149 |
Power to order that the whole or a part of a pleading be struck out |
|
150 |
Power to make an order varying the times for filing and serving pleadings in a proceeding |
|
151 |
Power to order a party to file and serve particulars or a statement of the nature of the party's case |
|
152 |
Power to make an order disallowing an amendment of a pleading |
|
153 |
Power to grant leave to amend a pleading |
|
154 |
Power to order when an amendment of a document takes effect |
|
155 |
Power to make an order about the procedure for amendment of a document |
|
156 |
Power to make an order about the service of an amended document |
|
157 |
Power to make an order about the time for service of an interlocutory application |
|
158 |
Power to make an order in relation to service of an interlocutory application |
|
159 |
Power to hear and dispose of an application in the absence of a party |
|
160 |
Power to make an order directing the manner, time and terms for giving security for costs |
|
161 |
Rule 19.01 (1) (b) |
Power to order that a proceeding be stayed until security is provided |
162 |
Rule 19.01 (1) (c) |
Power to order that a proceeding be stayed or dismissed if security is not provided |
163 |
Power to make an order about the use of a document |
|
164 |
Power to order a party to give discovery in accordance with Division 20.2 |
|
165 |
Power to order that non-standard or more extensive discovery be made |
|
166 |
Power to make an order about the manner and time within which discovery must be given |
|
167 |
Power to make an order about the form and content of a list of discovered documents |
|
168 |
Power to order a party to file and serve an affidavit relating to a particular document or class of documents |
|
169 |
Power to order a person who is not a party to make discovery to a party |
|
170 |
Power to make an order for security for costs or for costs and expenses of a person ordered to make discovery pursuant to rule 20.23 |
|
171 |
Power to order a party to produce a document or thing for inspection |
|
172 |
Power to: (a) order a party to produce a document to the Court; and (b) inspect a document for the purpose of deciding the validity of a claim for privilege or other objection to production |
|
173 |
Power to order a party to provide written answers to interrogatories |
|
174 |
Power to make orders about answers to interrogatories |
|
175 |
Power to: (a) require a party to specify the party's grounds for objecting to an interrogatory; and (b) determine the sufficiency of the objection |
|
176 |
Power to specify who may make an affidavit verifying a party's written answers to interrogatories |
|
177 |
Power to make an order if a party fails to answer an interrogatory sufficiently |
|
178 |
Power to make an order about the payment of the costs of proof of a fact |
|
179 |
Power to make orders about the evidence of expert witnesses |
|
180 |
Power to give leave to issue a subpoena |
|
181 |
Power to order an addressee, by subpoena: (a) to attend to give evidence; or (b) to produce documents; or (c) to do both of those things |
|
182 |
Power to set aside a subpoena in whole or part, or grant other relief |
|
183 |
Power to order that an applicant give notice of an application to set aside a subpoena |
|
184 |
Power to give a direction for the removal, return, inspection, copying and disposal of a document or thing |
|
185 |
Power to give leave to inspect a document or thing |
|
186 |
Power to make an order dealing with payment of reasonable loss or expense incurred in complying with a subpoena |
|
187 |
Power to give summary judgment for a party |
|
188 |
Power to stay enforcement of a summary judgment |
|
189 |
Power to give leave to a party to withdraw an admission or other matter operating for the benefit of another party |
|
190 |
Power to give leave to discontinue all or part of a proceeding |
|
191 |
Power to make an order about the payment of costs for the whole or part of a proceeding that is discontinued without leave |
|
192 |
Power to stay a further proceeding until costs are paid |
|
193 |
Power to: (a) make an order referring any proceeding or any part of a proceeding to mediation or an alternative dispute resolution process; and (b) adjourn the mediation or alternative dispute resolution process; and (c) order the mediator or person appointed to conduct the alternative dispute resolution process to report to the Court |
|
194 |
Power to make orders about mediation or other alternative dispute resolution process |
|
195 |
Power to terminate a mediation or alternative dispute resolution process |
|
196 |
Power to make an order about the filing of an affidavit that is irregular in form |
|
197 |
Power to give leave to use an affidavit |
|
198 |
Power to give a direction about the service of an affidavit |
|
199 |
Power to give leave to use an affidavit if the maker of the affidavit fails to attend for cross-examination |
|
200 |
Power to make an order for the decision of a question to be heard separately from another question |
|
201 |
Rule 30.01, Note 1 |
Power to make an order for the statement of a case and the question for decision |
202 |
Power to make an order for the attendance of a person for examination, or for the attendance of the person and the production of a document or thing by the person |
|
203 |
Power to order that several proceedings be consolidated, tried at the same time or in a specified order, or stayed until the determination of one of the proceedings |
|
204 |
Power to make an order if a party is absent when a proceeding is called on for trial |
|
205 |
Power to set aside or vary an order made in the absence of a party and make an order for the further conduct of a proceeding |
|
206 |
Power to adjourn a proceeding or strike out a proceeding if no party appears at trial |
|
207 |
Power to make an order limiting time for or the number of witnesses that a party may call, or documents that a party may tender, or make an order as to the length and manner of submissions |
|
208 |
Power to give judgment and make an order for entry of judgment after the death of a party |
|
209 |
Power to give leave to a party to read evidence taken or an affidavit filed in other proceedings |
|
210 |
Power to make an order about the production of a document or thing on notice |
|
211 |
Power to: (a) make an order requiring the production of a party who is in lawful custody to a proceeding before the Court; and (b) make an order in relation to the continuing custody of the party |
|
212 |
Power to do any of the following: (a) determine the documents and matters to be included in appeal papers; (b) determine what documents and matters were before the AAT; (c) settle the index; (d) determine the number of copies of appeal papers required; (e) direct the place, time and mode of hearing; (f) determine any other matter for the purpose of preparing the appeal for hearing |
|
213 |
Power to give a direction for the conduct of an appeal |
|
214 |
Power to order that a judgment or order take effect on a specified date |
|
215 |
Power to order the time for compliance with an order |
|
216 |
Power to vary or set aside a judgment or order before it has been entered |
|
217 |
Power to vary or set aside a judgment or order after it has been entered |
|
218 |
Power to make an order in the terms of a written consent of the parties |
|
219 |
Power to direct that an order be entered |
|
220 |
Power to direct that an order be entered by being authenticated in Court |
|
221 |
Power to make an order about the amount of costs |
|
222 |
Power to make an order about reserved costs |
|
223 |
Power to make an order about disallowance of costs |
|
224 |
Power to do any of the following: (a) disallow costs; (b) direct a lawyer to repay costs; (c) direct a lawyer to indemnify another party |
|
225 |
Power to make an order about when costs must be taxed |
|
226 |
Power to give a direction for the enforcement or execution of an order |
|
227 |
Power to make an order, issue a writ or take another step to enforce a judgment or order |