Federal Court of Australia

Status:	Revoked
Date issued:	20 September 1990
Date revoked:	25 July 1991
Version history:	25 September 2009 (APP 1) 3 January 2008 14 August 2003 9 February 2001 8 April 1994 25 July 1991 20 September 1990 7 May 1990

Practice Note No 1 issued on 7 May 1990 is revoked and the following Practice Note is substituted.

A – Listings for Full Court Sittings

The District Registrar will prepare a list of all appeals which are pending for hearing before a Full Court.

Where the number of appeals justifies a call-over, the District Registrar will forward to the solicitors on the record, or where there is no solicitor, to the party, a notice of call-over which will include the call-over date.

The list will be called-over before a Judge (or a Registrar) of the Court.  At the call-over the representatives of the parties should advise the Court whether the appeal index has been settled, whether the appeal papers (books) have been prepared, the names of counsel appearing to argue the appeal, the preferred dates for hearing, and the expected duration of the appeal.  The hearing date, with a “not before” marking, will be fixed within the range of dates published for the sittings of a Full Court.  If the circumstances require it, a hearing date may be fixed outside the published range of dates.  Those appeals not fixed for hearing may be adjourned to the following call-over of Full Court appeals or other directions may be made.

After the call-over, the District Registrar will publish a list of those matters which have been included in the sittings.  The list will provide, amongst other things, the hearing date for each appeal.  This list will be sent to all solicitors on the record, or where there is no solicitor, to the party, and to the local Bar Association.  An appeal which has been fixed for hearing may only be removed from the list on the direction of a Judge of the Court.

Where the number of appeals does not justify a call-over, the District Registrar will obtain from the solicitors on the record, or where necessary an unrepresented party, the information normally provided at a call-over.  After consultation with a Judge of the Court, the District Registrar will publish a list of those matters included in the sittings.  The list will provide, amongst other things, the hearing date for each appeal.  This list will be sent to all solicitors on the record, to unrepresented parties and to the local Bar Association.  Matters may only be removed from the list on the direction of a Judge of the Court.

Appeals may only be added to the published lists on the direction of a Judge of the Court.

B – Lists of Authorities

Typewritten lists of authorities together with a copy for each member of the Bench and an extra copy (for the Court Reporting Service) should be lodged with the District Registry at the place where the appeal is to be heard not later than forty-eight hours before the hearing of the appeal.

Copies of the typewritten lists of authorities should be given to all other counsel briefed in the matter the day before the hearing of the appeal.

The list of authorities should be divided into two parts.  Part one should contain only those authorities which counsel intend to cite in submissions before the Court.  Part two should contain those authorities which counsel consider might be referred to during the course of the appeal but which counsel do not intend to cite.

C – Notice of Points of Appeal Abandoned

It is expected that counsel for the appellant should, before the hearing of an appeal and within reasonable time, give notice to the other parties to the appeal of any points of appeal which are to be abandoned.

D – Summaries of Arguments

The procedure set out hereunder should be used except in those cases in which it appears to the Court or counsel that, due to the complexity of the case, more notice of the details of the argument to be advanced is needed; in those cases, the question should be raised at a directions hearing and a special order for early delivery of summaries of arguments sought.

Counsel for the appellant should ensure that the day before the hearing there is delivered to the District Registry in which an appeal is to be heard a brief typewritten summary of the appellant’s argument together with a copy for each member of the Bench and two extra copies (for the Court Reporting Service and the authorised reports).

The day before the hearing, counsel for the appellant should give to all other counsel briefed in the matter a copy of the summary of the appellant’s argument.

Counsel for all other parties, as he or she commences his or her argument, should hand up to each member of the Bench (and pass to all other counsel appearing) a brief typewritten summary of that argument together with three extra copies (for the Court file, Court Reporting Service and the authorised reports).

The summary should set out in numbered paragraphs an outline of each contention of law or fact on which counsel wishes to rely.  It will assist the Court if all necessary references to the appeal book, to any statutes and to the principal authorities relied upon, are included.  The summary should also contain a reference to any extrinsic material to which it is intended to refer (see s. 15AB of the Acts Interpretation Act 1901) together with copies of such material.

The summary will not in any way inhibit the development of argument; it may be departed from if counsel sees a need to do so.

Counsel for the appellant should assume, in opening the appeal, that the members of the Bench have read the judgment and/or summing up of the Court appealed from and the notice of appeal.

E – Chronology

In all cases where the nature or complexity of the appeal makes a chronology appropriate, it is expected that counsel for the appellant, prior to the commencement of argument, will hand up for each member of the Bench (and pass to all other counsel appearing) a typewritten chronology of the facts of the case, together with three extra copies.  (See para D for use to which these are put).

NIGEL BOWEN
(Chief Justice)
Federal Court of Australia
20 September 1990

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