| Federal Court of Australia | |
| Practice Notes issued by the Chief Justice |
| No 19: List of authorities and legislation - proceedings generally |
| Note: This Practice Note was revoked on August 9 2006 |
This Practice Note applies to all parties, including a party not represented by a legal practitioner, to any proceeding (including an appeal) before the Court, in respect of any final hearing unless, and except to the extent that, the Court or a Judge otherwise orders. The Court or a judge may direct that this Practice Note also apply in respect of any interlocutory hearing.
1. In this Practice Note:
applicant includes appellant.
required number of copies is the number of copies of a document necessary to provide the Judge (and in a matter before a Full Court, each Judge) and each party with a copy of the document, and a copy to be placed on the Court file.
2. The applicant must file and serve the required number of copies of its list of authorities and legislation by 4.00pm, 3 clear working days before the hearing date.
3. The respondent must file and serve the required number of copies of its list of authorities and legislation by 4.00pm, 2 clear working days before the hearing date.
4. If a case has been reported, the reference to the report must be given and if it has been reported in an official series of reports the reference must be to the report in that series.
5. References to cases must include the case name, citation and reference to the relevant page and relevant part of the page [eg A v B 112 CLR 210 from 212.5 to 212.7].
6. References to legislation must specify the relevant legislature and the relevant sections, regulations, rules or clauses.
7. The list of authorities and legislation should be divided into Parts "A" and "B". Part "A" must contain only authorities and legislation from which passages are to be read. Part "B" must contain authorities and legislation to which a party might refer, but from which passages are not to be read.
8. The Court will supply for the use of the Judge or Judges hearing the matter up to, but not more than, ten cases on Part "A" of the list that are reported in the Commonwealth Law Reports, Federal Court Reports, Australian Law Reports and the authorised reports of the Supreme Court of the State or Territory in which the application is to be heard. Where more than ten cases are listed in Part "A" of the party's list, the party must identify with a single asterisk those cases that the party wishes the Court to provide to the judge or judges.
9. A party may identify in Part "A" up to five cases in addition to those referred to in paragraph 8 above to which the party wishes to refer at some length. These cases are to be identified on the list by a double asterisk. It is the responsibility of the party to hand up photocopies of those cases for the use of the judge or judges during argument.
10. A party who intends to cite from:
(a) an unreported case; or
(b) the report of a case other than a case reported in the reports mentioned in paragraph 8 above; or
(c) a book
must provide photocopies of the case or the relevant parts of the book for the use of the Judge or Judges and each party during argument. A photocopy of part of a book must include a photocopy of the page or pages identifying its author, title, publisher, edition and year of publication.
M E J BLACK
Chief Justice
14 August 2003