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Federal Court Rules 2011 and Forms

Modifications between 3 June & 31 July 2011

13 July 2011: Since the draft Federal Court Rules 2011 were put up on the Federal Court website on 3 June 2011, the following amendments have been made:

Rules:

• Rules 11.01(4) and (5) have been amended to delete references to fax numbers. As a result, a party’s address for service no longer includes a fax number.
• Rule 10.31 has been amended to remove any ambiguity.
• Rule 11.01 has been amended to include a note to the effect that parties can agree upon a method of service.  See also rule 10.28.
• Rule 8.02, in relation to the Civil Dispute Resolution Act, has been amended to delete sub-rules (3), (4) and (5).  The effect of this amendment is that the rule now provides simply that the applicant’s genuine steps statement must comply with section 6 of the Civil Dispute Resolution Act.  A corresponding amendment has been made to rule 5.03(2) which provides that a respondent must comply with s 7 of the Civil Dispute Resolution Act.
• “Significantly” has been removed from rule 16.45(1). 
• The discovery rules in Part 20 have been tightened in two respects.  Rule 20.11 has been redrawn to provide that an application for discovery should not be made unless an order is necessary for the just resolution of the proceeding as quickly, inexpensively and efficiently as possible.   The discovery rules make it clear that the test for discovery is directly relevant and the Peruvian Guano test has no role to play.  Lastly, Division 20.2 has been amended to make it clear that it applies to a proceeding which is proceeding on affidavits not pleadings. 
• The rules relating to International Arbitration in Division 28.5 have undergone some minor amendments but their substantive effect has not changed.
• Two new rules have been inserted in relation to applications for leave to appeal, at 35.18 and 35.19.  These new rules relate to applications which may be dealt with without an oral hearing, and the filing of submissions.  A new rule has also been inserted at 36.43.  This rule relates to an objection to an application being dealt with without an oral hearing. 
• Rules relating to Trans-Tasman proceedings have been inserted in Divisions 34.4 and 34.5.  Note that these rules do not come into effect until the Trans-Tasman Proceedings Act 2010 has come into operation which will not be until later this year.
• When the Rules require a document to be served on the same day as it is filed, they have been amended to provide for service “as soon as practicable”.
• Rule 40.29 has been redrawn to make it clear that Schedule 3 only applies after 1 August 2011 and the previous Schedule 2 to the old Rules apply to that date.
• A number of other typographical and drafting anomalies have been corrected.  These have not altered the substantive effect of the Rules.

It is not anticipated that any further amendments will be made to the Rules prior to their implementation on 1 August 2011.

Forms

New forms at 13/6/11

Forms 96 to 102, including 98A to 98C.

Forms which have been changed or added are shown in the “Updated after 3 June 2011” column of the table below as ‘ 13/7/11’ or ‘new’.  The areas where changes have been made to the ‘ 13/7/11’ forms since 3 June 2011 include:

Changes made at 13/6/11:

• Provision for inclusion of fax numbers have been removed consequential to the changes to Rules 11.01(4) and (5) mentioned above
• Form 16 (Applicant’s genuine steps statement) has been altered consequential to the changes to Rule 8.02 mentioned above
• Forms 17 (Statement of claim), 33 (Defence) and 34 (Reply) have been changed by replacing the reference to “solicitor/counsel” with “lawyer”.  This is consistent with the terminology in the revised rules.
• Form 31 (Notice of cross-claim) now includes provision for all parties in other cross-claims to be identified in the schedule.  Also a further notice has been added for the information of a cross-respondent who is a new party.
• All subpoenas for production (Forms 43B, 43C, 55B, 55C, 98B and 98C) have been amended following rule changes.  The reference in note 9A to “PDF format on a CD rom” has been removed.  A similar change has been made to form 44.
• Form 59 (Affidavit) has been amended.  A new instruction has been added that the table of contents should be used only if the affidavit (including annexures) exceeds 10 pages.  The footer was missing on the earlier published version and this has been restored.
• The migration certificate was removed from Forms 51, 52, 53, 56 and 57.  This certificate was unnecessary in IAA forms.
• The IAA subpoenas (Forms 55A, 55B and 55C) have been changed to permit parties as well as non parties to apply to the Court for expenses.
• Form 119 has been amended for use under Rule 35.20 (previously numbered 35.18) and Rule 36.43
• Form 127 (Bill of costs) has a new section for Lawyers’ hourly rates.  Note 20.2 in Schedule 3 of the revised rules requires the bill of costs to include the hourly rate actually charged by the lawyer.
• Consequential amendments have been made as a result of a small number of rules being renumbered and to correct typographical and drafting anomalies. Also some text changes to various forms have been made to correspond with other minor rule changes

Changes made at 31 July 2011:

These are minor formatting modifications. Details are in the table below.

FORMS - Table listing minor changes to forms between 6 June and 31 July 2011

Click on arrows to sort table

Form Number	Title of form	If edited after 3 June
1	Title – all parties	#
2	Title – no respondent	#
3	Title – abbreviated parties	#
4	Notice of acting -appointment of lawyer	*
5	Notice of acting - change of lawyer	*
6	Notice of termination of lawyer’s retainer	*
7	Notice of intention to cease to act	#
8	Notice of ceasing to act	#
9	Referral certificate
10	Notice of address for service	*
11	Respondent’s genuine steps statement	#
12	Urgent application before start of a proceeding	*
13	Application by interested person for approval of agreement for person under a legal incapacity	*
14	Originating application by prospective applicant for order for discovery
15	Originating application	* ^
16	Applicant’s genuine steps statement	31/7/11 Page 2 deleted *
17	Statement of claim	*
18	Notice of a Constitutional matter under s78B Judiciary Act 1903	* #
19	Originating application starting a representative proceeding under Part IVA of the Federal Court of Australia Act 1976	*
20	Notice of consent to be a group member
21	Opt out notice
22	Application for an order relating to the procedure to be followed in a representative proceeding	*
23	Request for service in a foreign country
24	Request for transmission of a document to a foreign government
25	Request for service abroad of judicial documents and certificate	#
26	Summary of the document to be served
27	Request for local service of foreign judicial documents	#
28	Notice of change of address for service	*
29	Submitting notice	*
30	Receiver’s guarantee	* #
31	Notice of cross-claim	*
32	Notice requiring service of pleadings and documents	* #
33	Defence	*
34	Reply	*
35	Interlocutory application	31/7/11 'I' in Interlocutory on page 2 bolded * #
36	Notice of claim	*
37	Notice of admission	*
38	List of documents	* #
39	Notice to produce a document in a pleading or affidavit	*
40	Answers to interrogatories	* #
41	Notice to admit	#
42	Notice of dispute	#
43A	Subpoena to give evidence	*
43B	Subpoena to produce documents	31/7/11 Track changes switched off *
43C	Subpoena to give evidence and produce documents	31/7/11 Track changes switched off *
44	Subpoena – Declaration by addressee. Notice to addressee	*
45	Notice of offer to compromise	* #
46	Notice of acceptance of offer to compromise	* #
47	Notice of withdrawal of pleading	*
48	Notice of discontinuance	*
49	Notice of proceeding transferred from other Courts	#
50	Originating application for order in terms of arbitration award	* ^
51	Originating application for stay of a proceeding under the International Arbitration Act 1974	* ^
52	Originating application to enforce a foreign award under the International Arbitration Act 1974	* ^
53	Originating application for relief under Model Law (section 18 of the International Arbitration Act 1974)	* ^
54	Application for a subpoena under the International Arbitration Act 1974	*
55A	Subpoena to attend for examination (International Arbitration Act 1974)	**
55B	Subpoena to produce documents (International Arbitration Act 1974)	**
55C	Subpoena to attend for examination and produce documents (International Arbitration Act 1974)	**
56	Originating application under section 23A of the International Arbitration Act 1974	*
57	Originating application under section 23F or section 23G of the International Arbitration Act 1974	* ^
58	Originating application to enforce an award under section 35(4) of the International Arbitration Act 1974	*
59	Affidavit	*
60	Originating application for an order for evidence of a future right or claim	*
61	Notice to produce	* #
62	Notice of intention to adduce evidence of previous representation	* #
63	Notice of objection to tender of hearsay evidence if maker of representation available	#
64	Notice of intention to adduce tendency evidence	#
65	Notice of intention to adduce coincidence evidence	#
66	Originating application for judicial review	*
67	Application for an extension of time	* #
68	Notice of objection to competency	*
69	Originating application for relief under section 39B Judiciary Act 1903	*
70	Originating application for review of a migration decision	*
71	Notice of proceeding remitted by the High Court of Australia	* ^ #
72	Notice of election petition
73	Notice of appeal against appealable objection decision under section 14ZZ Taxation Administration Act 1953	*
74	Notice of appeal against departure prohibition order under section 14V Taxation Administration Act 1953	*
75	Notice of appeal from a tribunal	* ^
76	Notice of cross-appeal from a tribunal	*
77	Notice of contention	* ^ #
78	Notice of discontinuance of appeal/cross-appeal	*
79	Originating application under the Fair Work Act 2009 alleging dismissal in contravention of a general protection	*
80	Originating application under the Fair Work Act 2009 alleging unlawful termination of employment	*
81	Originating application under the Fair Work Act 2009 alleging discrimination	*
82	Rule to show cause – Originating application	* ^
83	Originating application for inuiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009	*
84	Originating application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009	* ^
85	Originating application for inquiry relating to an election	*
86	Originating application for an interim order in relation to an inquiry concerning an election for an office in an organisation	* ^
87	Originating application for an order in relation to an inquiry regarding an alleged irregularity concerning a ballot	*
88	Information
89	Summons	*
90	Warrant for arrest	* #
91	Warrant for imprisonment	#
92	Notice of appeal (intellectual property)	* #
93	Notice of cross-appeal (intellectual property)	*
94	Originating application for determination of equitable remuneration under section 20(2) of the Circuit Layouts Act 1989	* ^
95	Originating application for determination of the terms of the doing of an act under section 25(4) of the Circuit Layout Act 1989	* ^
96	Originating application for order for interim relief under section 25 of the Trans-Tasman Proceedings Act	new 13/7/11
97	Interlocutory application for leave to serve subpoena in New Zealand	new 13/7/11 31/7/11 'I' in Interlocutory on page 2 bolded
98A	Subpoena to give evidence (New Zealand)	new 13/7/11
98B	Subpoena to produce documents (New Zealand)	new 13/7/11
98C	Subpoena to give evidence and produce documents (New Zealand)	new 13/7/11
99	Certificate of non-compliance with subpoena (New Zealand)	new 13/7/11
100	Originating application under section 58 (2) of the Trans-Tasman Proceedings Act to enforce an order made by a New Zealand court	new 13/7/11
101	Originating application under the Trans-Tasman Proceedings Act	new 13/7/11
102	Interlocutory application for order for use of audio link or audiovisual link (New Zealand)	new 13/7/11
103	Election petition (ATSI Act)	*
104	Originating application – Reference of question as to qualification or vacancy (ATSI Act)	*
105	Interlocutory application to join parties to main application after relevant period	* 31/7/11 'I' in Interlocutory on page 2 bolded
106	Notice by party, other than the applicant, that the party wishes to cease to be a party	#
107	Originating application under Native Title Act 1993 (other than main applications)	*
108	Originating application for review of decision not to accept claim for registration	*
109	Originating application to remove details of agreement from the Register of Indigenous Land Use Agreements	* ^
110	Referral of question about whether a party should cease to be a party under section 94J of the Native Title Act 1993	* 31/7/11 Track changes switched off
111	Interlocutory application for order to take account of the cultural or customary nature of party or another person	# 31/7/11 'I' in Interlocutory on page 2 bolded
112	Short title – Native Title Proceeding	* #
113	Notice of appointment of agent (section 84B(1) Native Title Act 1993)	*
114	Notice of change in name, contact details or address for service of agent (section 84B(1) Native Title Act 1993)	*
115	Application under section 85 of the Native Title Act 1993 for leave to be represented by a person who is not a lawyer	*
116	Originating application under the Australian Human Rights Commission Act 1986	*
117	Application for leave to appeal	*
118	Application for extension of time and leave to appeal	* ^
119	Notice of objection to application being considered without oral hearing	*
120	Notice of withdrawal of application	*
121	Notice of appeal from the Federal Magistrates Court	* ^
122	Notice of appeal	* ^
123	Notice of cross-appeal	*
124	Notice of contention	*
125	Notice of objection to competency	*
126	Notice of discontinuance of appeal/cross-appeal	* ^
127	Bill of costs	*
128	Notice of objection to estimate of costs	* #
129	Notice requesting full taxation of costs	* #
130	Notice of objection to bill of costs	*
131	Notice of response to notice of objection	*
132	Certificate of taxation	* #
133	Application for review of taxation	* #
134	Originating application for registration of a foreign judgment under the Foreign Judgments Act 1991	* ^ #
135	Order for registration of money judgment	#
136	Order for registration of non-money judgment	#
137	Statement of charge	#

[MS Word - zipped] New & edited forms between 3/6/11 and 30/7/11 [with track changes]

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