National Court Framework (NCF) Forms
As part of the NCF reforms, the new national practice notes have required that a number of new forms be developed and some existing forms be amended. In addition, there are requirements in the practice note for the lodging of specific document types.
Set out below are: the details of the new and amended forms; new documents; and changes that are being made to the Court's eLodgment system to support this.
New and amended forms
New version of Form 127 - Bill of Costs
The Form 127 - Bill of Costs is a prescribed form under the Federal Court Rules 2011 (Cth) ("Federal Court Rules"). On 25 October 2016, the old Form 127 - Bill of Costs (version 3) was revoked and the new Form 127 - Bill of Costs (version 4) was approved by the Chief Justice, under the Federal Court Rules.
The new Form 127 – Bill of Costs (version 4) may be used from 25 October 2015, however, if parties are already in the process of preparing a bill using the old form (version 3), the Court does not require this to be re-done in the new format. As with the practice notes, the Court will take a flexible and common sense approach to the commencement of the use of version 4 of the Bill of Costs.
In addition to the Bill of Costs, the following new forms have been developed, as part of the new national practice notes. These forms are currently undergoing internal consultation and have been issued by the Court as "interim" forms.
Please note: to any practitioners, who may want to convert these forms into firm precedents, it is suggested that this process be postponed until the final forms are available. The Court will put the final forms on the website and notify its subscribers, once they are released.
|Form No.||Form||Status||Practice Note (PN)|
|NCF1||Concise Statement [docx - 26 kb]||New - interim||CPN-1 & any National Practice Area PN|
|NCF3||INTERIM Notice of Disclosure - Litigation Funding Agreements [docx - 20 kb]||New - interim||GPN-CA|
|NCF6||INTERIM Request for Enforcement [docx - 26 kb]||New - interim||GPN-ENF|
|NCF7||INTERIM Request for Leave to Issue a Subpoena [docx - 60 kb]||New - interim||GPN-SUBP|
|NCF8||INTERIM Uplift Form [docx - 66 kb]||New - interim||GPN-SUBP|
In addition to the new forms, a number of forms have been amended to harmonious with the new national practice notes. These forms are currently undergoing internal consultation and have been issued by the Court as "interim" forms.
|Form No.||Form||Status||Practice Note (PN)|
|NCF5||INTERIM Non-Party (including Media) request for access to Court documents||Amended - interim||GPN-ACCS|
|NCF4||INTERIM Party request for access to Court documents||Amended – interim||GPN-ACCS|
|NCF2||INTERIM Pro-forma Tax Questionnaire [docx - 61 kb]||Amended – interim||TAX-1|
Current forms being reviewed
The forms relating to Party and Non-Party/Media access to Court documents are currently being reviewed and updated forms will be issued shortly. In the interim, please use the following current forms:
- Request for access to court documents by non-party/media (docx - 35 kb)
- Request for access to the Court file by party (docx - 49 kb)
If you are requesting access to Court Documents, please note the new arrangements set out in the Court’s Access to Documents and Transcripts Practice Note (GPN-ACCS) which need to be adhered to.
Parties may be required to file a number of new documents, in accordance with the new national practice notes.
These new documents do not have specified formats, and can be prepared using the Court's general Title forms (Forms 1 – 3). Any specific requirements for the documents are contained in the new national practice notes.
The following table sets out the new documents and the relevant practice note and paragraph reference (or pinpoint):
|New Documents||Practice Note||Pinpoint|
|Summary of Principal Issues||A&M-1||Para 5.3|
|Agreed Statement for the Court||A&M-1||Para 7.4|
|Trial Bundle||ACLHR-1||Para 12.2|
|Outline of Case||ACLHR-1||Para 6.5 & 12.1|
|Costs Summary (Affidavit)||GPN-COSTS||Para 4.5|
|Costs Response (Affidavit)||GPN-COSTS||Para 4.6|
|Agreed Statement of Issues – Patents||IP-1||Para 12.3|
|Agreed Glossary of Key Technical Terms||IP-1||Para 6.11|
|Agreed Statement or Table||IP-1||Para 6.17|
|Agreed Primer||IP-1||Para 6.8|
|Taxation Case Management Conference Documents||TAX-1||Para 5.10|
|Preliminary Witness List||TAX-1||Para 5.2|
Changes to eLodgement
The Court's eLodgment system is in the process of being updated to allow these new forms and documents to be eLodged, using their correct titles. This will mean that in the Court's electronic court file and on the Commonwealth Courts Portal, these documents will display their correct title (rather than a generic non-prescribed document title).
The changes to eLodgment are expected to be implemented in late November 2016.
Until such time, the new forms and documents can be lodged by using one of the generic non-prescribed lodgement types:
- Non-Prescribed List/Chronology
- Non-Prescribed Notice/Request
- Non-Prescribed Certificate/Consent
- Non-Prescribed Pleading
- Non-Prescribed Summons
- Non-Prescribed Report
- Non-Prescribed Warrant
The Court will notify the Court's subscribers, once the changes to eLodgment have been implemented. You may sign up and subscribe to the Court's alerts, if you would like to receive advice about changes to the Court's practice and procedure.