Commonwealth Repealed Regulations

This legislation has been repealed.

FEDERAL COURT RULES - ORDER 1 RULE 4

                In these Rules, unless the contrary intention appears:

"the Act" means the Federal Court of Australia Act 1976 .

"arbitration" means arbitration conducted under an arbitration order.

"arbitration order" means an order referring a matter to an arbitrator as mentioned in Order 72, rule 1.

"arbitrator" means an arbitrator to whom a matter is referred under an arbitration order.

"Australia or the Commonwealth" means the Commonwealth of Australia and when used in a geographical sense includes external territories.

"Bankruptcy Rules" means the Federal Court (Bankruptcy) Rules 2005 .

"committee" includes a person entrusted under a law of the Commonwealth, or of a State or Territory, with the care or management of the person or estate of a mentally disabled person.

"Commonwealth" means the Commonwealth of Australia and includes a Territory.

"corporation" includes any artificial person other than an organisation.

"Corporations Rules" means the Federal Court (Corporations) Rules 2000 .

"cross-claim" includes a counter-claim, cross-action, set-off, and third party claim.

"directions hearing" means:

                       (a)    a hearing appointed in an originating process; or

                      (b)    except for the purpose of computation of time within which acts must be done -- any other hearing fixed for the purpose of giving, or at which the Court in fact gives, directions about the conduct of a proceeding.

"document" includes any record of information which is a document within the definition contained in the Dictionary
in the Evidence Act 1995 and any other material data or information stored or recorded by mechanical or electronic means.

"document exchange" means a facility or service through which a member of the facility or service may send a document to another member of the facility or service.

"document exchange box" means a box in a document exchange.

"electronic communication" means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, including an email or an email attachment.

"email address" means the mailing address to and from which an electronic communication may be sent and received using the Internet, an intranet or other similar network.

"examination" includes where relevant an examination held pursuant to an order made under Order 24, and, in proceedings under Division 1 of Part 2 of the Foreign Evidence Act 1994 , includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by the Court under that Part.

"examiner" includes an officer of the Court or any other person appointed under Order 24, or under paragraph 7 (1)        (a) or (b) of the Foreign Evidence Act 1994 , for the purpose of an examination before the examiner of any person.

"hearing" includes any hearing before the Court, whether final or interlocutory, and whether in open court or in chambers.

"image" means a picture that has been created, copied, stored or transmitted in electronic form.

"Judge" means a Judge of the Court (including the Chief Justice) and in the expression 'the Court or a Judge' means a Judge sitting in chambers.

"mediation" means mediation conducted under a mediation order.

"mediation or arbitration order" means a mediation order or an arbitration order.

"mediation order" means an order referring a matter to a mediator as mentioned in Order 72, rule 1.

"mediator" means a mediator to whom a matter is referred under a mediation order.

"mentally disabled person" means a person who, owing to mental illness, is incapable of managing his or her affairs in respect of the proceedings.

"oath" includes affirmation.

"organisation" has the meaning given by section 6 of the Fair Work (Registered Organisations) Act 2009 .

"originating process" means a document, filed in the Court, that commences a proceeding in the Court's original jurisdiction.

"person under disability" means an infant, minor or mentally disabled person.

"pleading" includes a statement of claim and a cross-claim to which Order 5 applies and subsequent pleadings, but does not include an application, notice of motion or affidavit.

"proper place" in relation to any proceeding:

                       (a)    where there has been no transfer means the place at which the proceeding was commenced;

                      (b)    where there has been a transfer means the place to which the proceeding was transferred.

"Registrar" means the Registrar or a District Registrar of the Court, and includes a Deputy Registrar or a Deputy District Registrar of the Court or other officer for the time being discharging the duties of any one of them, and when used in relation to any proceeding means the Registrar or District Registrar at the proper place.

"Registry" includes the Principal Registry and a District Registry.

"Rules" means Federal Court Rules.

"Sheriff" includes a Deputy Sheriff or any person for the time being discharging the duties of Sheriff or Deputy Sheriff.

"trial" includes any hearing other than an interlocutory hearing.

"tutor" means a next friend, guardian ad litem or committee of the person or estate of a person under disability.