Registered 01 Aug 2008
Tabled HR 26-Aug-2008
Tabled Senate 26-Aug-2008
Schedule 1 Amendments commencing on the day after registration
Schedule 2 Amendments commencing on 1 September 2008
Dated 30 July 2008
R.S. FRENCH J.
P.C. HEEREY J.
C.M. BRANSON J.
B.J.M. TAMBERLIN J.
R.V. GYLES J.
P.M. JACOBSON J.
1 Name of Rules 3
2 Commencement 3
3 Amendment of Federal Court Rules 3
Schedule 1 Amendments commencing on the day after registration 4
Schedule 2 Amendments commencing on 1 September 2008 6
These Rules commence as follows:
(a) on the day after they are registered — rules 1 to 3 and Schedule 1;
(b) on 1 September 2008 — Schedule 2.
Schedules 1 and 2 amend the Federal Court Rules.
[1] Order 21, subrule 1 (2)
(2) An order under this rule may be made:
(a) on the application of a person against whom the person mentioned in subrule (1) has instituted or conducted vexatious proceedings; or
(b) on the application of a person who has sufficient interest in the matter; or
(c) on the Court's own motion; or
(d) on the application of the Attorney-General of the Commonwealth or of a State or Territory; or
(e) on the application of the Registrar.
[2] Order 23, after subrule 11 (5)
(6) If:
(a) an offer is made by a respondent and not accepted by the applicant; and
(b) the respondent obtains an order or judgment on the claim to which the offer relates as favourable to the respondent, or more favourable to the respondent, than the terms of the offer;
then, unless the Court otherwise orders:
(c) the respondent is entitled to an order that the applicant pay the respondent's costs in respect of the claim incurred up to 11 am on the day after the day the offer was made, taxed on a party and party basis; and
(d) the respondent is entitled to an order that the applicant pay the respondent's costs in respect of the claim incurred after that time, taxed on an indemnity basis.
[3] Order 41, after rule 7
7A Signature by electronic means — Registrar
A requirement in these Rules that a document (other than an affidavit) must be signed by a Registrar is satisfied if a facsimile of the signature of the Registrar appointed under section 18C of the Act is affixed on the document by electronic or other means by, or at the direction of, an officer acting with the authority of that Registrar.
Order 71A Corporations (Aboriginal and Torres Strait Islander) Act 2006 proceedings
1 Conduct of proceedings
A proceeding under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 must be conducted in accordance with the Federal Court (Corporations) Rules 2000 to the extent that those rules can apply, including any modification of those rules for the nature of the proceeding.
[1] Order 1, subparagraph 5AC (2) (a) (i)
(i) by using the Court's Internet home page at http://www.fedcourt.gov.au or the Commonwealth Courts Portal at https://www.comcourts.gov.au; or
[2] Order 1, paragraph 5AC (2) (d)
created; and
[3] Order 1, paragraph 5AC (2) (e)
[4] Order 1, paragraph 5AC (4) (a)
(a) by using the Court's Internet home page at http://www.fedcourt.gov.au or the Commonwealth Courts Portal at https://www.comcourts.gov.au; or
[5] Order 1, subrule 5AC (6)
[6] Schedule 1, forms 173 and 174
Form 173 Notice of filing and hearing
(Order 1, subrule 5AC (5))
IN THE FEDERAL COURT OF AUSTRALIA Form 173
DISTRICT REGISTRY
NOTICE OF FILING AND HEARING
This application was filed electronically in the Federal Court of Australia on [date].
DETAILS OF FILING
Document Lodged:
File Title:
District Registry:
Reason for Listing:
Time and Date for Hearing:
[Facsimile of Court Seal]
Dated: Registrar
1. This Notice forms part of the application and contains information that might otherwise appear elsewhere in the application. The Notice must be included in the application served on each party to the proceeding.
2. The "Reason for Listing" is descriptive and does not limit the issues that might be dealt with, or the orders that might be made, at the hearing.
Form 174 Notice of filing
NOTICE OF FILING
This document was filed electronically in the Federal Court of Australia on [date].
This Notice forms part of the document and contains information that might otherwise appear elsewhere in the document. The Notice must be included in the document served on each party to the proceeding.