Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1991 No. 249

Issued by the authority of the Judges of the Federal Court of Australia


Section 59 of the Federal Court of Australia Act 1976 permits the Judges of the Court (of whom there are thirty-three (33) including the Chief Justice) or a majority of them to make Rules of Court not inconsistent with the Act, making provision for or in relation to the practice and procedure to be followed in the Court, including practice and procedure to be followed in Registries of the Court, and for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Court. Section 59 of the Act also provides that sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to these Rules of Court made under that section as if references in those sections of that Act to regulations were references to Rules of Court.

The present Federal Court Rules came into operation on 1 August 1979. They have been reviewed regularly since then.

Rule 1

Provides that the Rules now made come into operation on 12 August 1991.

Rule 2

Provides for the rules to be amended as set out.

Rule 3

This rule amends Order 8 rule 1 which deals with service of originating process outside the jurisdiction. It expands the circumstances under which originating process may be served outside the Commonwealth. These additions were made to encompass situations which may arise under the Court's increasing jurisdiction.

Rule 4

This rule amends Order 35 rule 8 (Interest) to change the interest rate on a judgment debt from 17% to 15% per annum. The Court is also given a discretion to determine a lower rate of interest on a judgment debt where justice requires a lower rate should be applicable.

Rule 5

This rule inserts an additional sub-rule to Order 52, rule 21 (Amendment by supplementary notice). It provides that the Court may allow a notice of appeal to be amended on such terms and conditions as the Court thinks fit and introduces consistency with the provisions relating to the amendment of a notice of appeal from the Administrative Appeals Tribunals under Order 53.

Rule 6

This rule inserts a definition of "appropriate Registry" in Order 53, rule 1 (Interpretation). This is necessary as this term is being introduced to Order 53 rules 2 and 6. (See amendments in rules 7 and 8 below.)

Rule 7

This rule amends Order 53 rule 2 (Form and filing of notice of appeal - Form 55A) subrule (2) and provides that a notice of appeal must be filed in the "appropriate Registry" as defined (see rule 6 above). An additional subrule 2(3) is inserted to provide that before or after the filing of a notice of appeal, the Court or a Judge may order that a nominated Registry is the appropriate Registry for that appeal.

Rule 8

This rule amends Order 53 rule 6 (Filing and service of notice of appeal) subrule (1) to adopt the terminology "appropriate Registry" for the purposes of filing of a notice of appeal under this rule. (See rule 6 above.)

Rule 9

This rule adds Forms 73 and 74 to the Numerical Table of Forms to the First Schedule. This updates the table to include forms which were previously adopted with the introduction of Order 70 (Aboriginal and Torres Strait Islander Commission Act 1989).

Rule 10

This rule amends the heading to the Second Schedule (Costs allowable in respect of work done and services performed) to correct a drafting error.

Rule 11

This rule amends the Third Schedule (Powers and functions of the Court that may be exercised by a Registrar if the Court or Judge directs). It adds s.467(1) and (3) of the Corporations Act 1989 to item 38 of that Schedule to clarify the orders that can be made by a Registrar in a winding up application.

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