Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 1.05

Application
(1)
It is intended that the practice and procedure of the Federal Magistrates Court be governed principally by these Rules.

(2)
However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules or the Family Law Rules, in whole or in part and modified or dispensed with, as necessary.

(3)
Without limiting subrule (2):

(a)
the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law proceedings; and

(b)
the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, apply, with necessary changes, to general federal law proceedings.

Note
These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters: see subsection 81 (2) of the Act.

General outline:
* Chapter 1 applies to all proceedings
* Chapter 2 applies to family law proceedings
* Chapter 3 applies to all proceedings other than family law proceedings
* Chapter 4 applies to proceedings under the Bankruptcy Act 1966
* Chapter 5 applies to proceedings under the Human Rights and Equal Opportunity Commission Act 1986
* Chapter 6 applies to proceedings under the Administrative Decisions (Judicial Review) Act 1977 and appeals under the Administrative Appeals Tribunal Act 1975 .




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