| Federal Court of Australia | |
| Practice Notes issued by the Chief Justice |
| No. 21. Interlocutory process and pleadings in corporations matters |
| Status: | Revoked |
| Date issued: | 2 September 2005 |
| Date revoked: | 25 September 2009 |
| Replaced by: | Practice Note CORP 1 - Interlocutory process and pleadings in corporations matters |
| Version history: |   25 September 2009 (CORP 1) 2 September 2005 |
Rule 2.2(1) of the Federal Court (Corporations) Rules 2000 (‘Corporations Rules’) provides as follows:
Unless these Rules otherwise provide, a person
must make an application required or permitted by the Corporations Act
to be made to the Court:
(a) if the application is not made in a proceeding already commenced in
the Court — by filing an originating process; and
(b) in any other case, and whether interlocutory relief or final relief
is claimed — by filing an interlocutory process.
The words ‘and whether interlocutory relief or final relief is claimed,’ were inserted recently with effect from 26 May 2005.
The purpose of that amendment is to make it clear that the form of interlocutory process under the Rules (Form 3) is required to be used where subparagraph 2.2(1)(b) applies, even where final relief is claimed. Leaving aside the originating process and any amended originating process, all claims for relief properly brought forward in a proceeding already commenced, to which the Rules apply, are required to be made by interlocutory process.
Two examples of claims for final relief that are required to be brought by interlocutory process are:
1. a claim by a defendant that would, if the general rules of court applied, be brought by way of cross-claim;
2. a claim by the Commissioner of Taxation under s 588FGA(4) of the Corporations Act 2001 (Cth) (see Condon v Commissioner of Taxation [2004] NSWSC 481).
Where a claim for final relief has been made in a proceeding to which the Corporations Rules apply, whether the claim is made by originating process or by interlocutory process, any subsequent application for an order for pleadings should be made by interlocutory process. Where a claim for final relief is to be made in a contemplated proceeding to which those Rules apply, an application for an order for pleadings may be made in the originating process, or by an accompanying interlocutory process. An originating or interlocutory process should not be amended so as to be converted into a pleading.
Dated: 2 September 2005
M. E. J. BLACK
Chief Justice