Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT RULES (AMENDMENT) 1992 NO. 330

Statutory Rules 1992 No. 330

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

AMENDMENT OF THE RULES 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. These minor amendments are necessary as they provide clarity to various existing rules.

Rule 1

Provides for a commencement date of 26 October 1992.

Rule 2

Provides for the Rules to be amended.

Rules 3, 4, 5 and 6 relate to procedures in proceedings brought under the Life Insurance Act 1945.

Rule 3.

Provides for an originating proceeding under the Life Insurance Act 1945 to be brought in accordance with From 5 and specifies that the section of that Act must be referred to.

Rule 4

Provides for the procedure to be used when an application for a declaration is made, for example, the joining of respondents by the applicant of all persons who have expressed by notice in writing any trust, right, equity or interest in the moneys paid into Court and the persons affected by the declaration sought.

An affidavit showing the nature of the claim and materials facts is also required and a notice of deposit in accordance with From 31A of the First Schedule.

Rule 5

Omits rules 3, 4 and 5 which previously referred to the form; parties and documents to be filed. These details are set out in the above amendments.

Provides that an application under Division 8 of Part III of the Life Insurance Act 1945, (Judicial Management and Winding-up), must be by notice of motion and supported by affidavit.

Rule 6

Provides for a minor change to heading in Form 59 from Order 65 rule 3 to Order 65 rule 2 so that the Form specifies the correct rule reference following the amendments to the Rules mentioned above.

Rule 7

Omits subrule 2 in Order 1, rule 11, (Bankruptcy Rules applicable, which stated that the Federal Court Rules did not apply to proceedings under the Bankruptcy Act and substitutes new subrule (2) which specifies that the subject to Order 41 (which relates to the form of documents) the practice and procedure in the Court in proceedings under the Bankruptcy Act 1966 shall be in accordance with the Bankruptcy Rules.

Rule 8

Omits the reference to "rule 1" and substitutes "this rule" for clarity in Order 10 rule 1, subrule 5 (Directing Hearing).

Rules 9 and 10 make minor changes to Order 48 which relates to proceedings under the Industrial Relations Act 1988.

Rule 9

Omits the existing reference to "ballot" and substitutes a new reference to include any ballot referred to in Division 7 of Part X of the Industrial Relations Act.

Rule 10

Omits and substitutes references to various sections and regulation numbers.