Introduction

This Notice applies to proceedings commenced in or transferred to the New South Wales District Registry of the Federal Court of Australia and the Sydney Registry of the Federal Magistrates Court of Australia. In the remainder of this document any reference to 'registry' or 'Court' means whichever of these Registries or Courts is relevant and appropriate.

The next two parts of this Notice ('Service of Applications' and 'Bundle of Documents') apply to proceedings made to the Court under section 39B of the Judiciary Act 1903 or section 483A of the Migration Act 1958 in relation to decisions made under the Migration Act 1958, other than applications filed by or on behalf of the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister'). The last part ('Parties in Detention or Custody') applies to any proceeding in relation to a decision made under the Migration Act 1958 where a party is in immigration detention or in custody.

A copy of this notice will be provided for their information to applicants who are not represented by a legal practitioner and who commence a relevant application in this registry and to parties in immigration detention and custody who are not represented by a legal practitioner.

Service of Application

This part of this Notice applies to proceedings made to the Court under Section 39B of the Judiciary Act 1903 or section 483A of the Migration Act 1958 in relation to decisions made under the Migration Act 1958 other than applications filed by or behalf of the Minister.

To ensure that the Minister will have early notification of application, the registry will, upon filing, forward a copy of the application and supporting affidavit (but without any annexures) by facsimile transmission to a dedicated facsimile number at the Department of Immigration and Multicultural and Indigenous Affairs ('the Department') in Canberra. This will allow the bundle of documents which will be prepared under the next part of this Notice to be filed and served as soon as possible. On receiving a facsimile of an application and affidavit from the registry, the Department will immediately allocate the application to a firm of solicitors. That firm will then immediately contact the applicant or his or her legal representatives and identify itself as having instructions from the Minister in that proceeding.

The forwarding of the copy of the application and affidavit to the Department by the registry will not, however, constitute service on the Minister. Applicants will need to comply with either Order 4 Rule 11 of the Federal Court Rules or Rule 6.03 of the Federal Magistrates Court Rules. They can do so by serving a sealed copy of the application and affidavit (with all annexures) on a departmental employee in the NSW Executive Support Section, Level 5, The Gateway, 26 Lee Street, Sydney or at any other office of the Department.

Bundle of Documents

This part of this Notice applies to proceedings made to the Court under Section 39B of the Judiciary Act 1903 or section 483A of the Migration Act 1958 in relation to decisions made under the Migration Act 1958, other than applications filed by or on behalf of the Minister.

The Minister will, through his or her solicitors, prepare for the Court a bound or stapled bundle of documents relevant to the application. The bundle of documents will consist of legible photocopies of the documents in the possession or power of the Minister including the decision under review which, from the application and any particulars provided, appear to be relevant to the review. That bundle of documents will not, however, include a copy of any transcript of proceedings before the Migration Review Tribunal or Refugee Review Tribunal. The bundle of documents (usually called the 'Green Book' as it has a green cover) will:

• be arranged as near as practicable in chronological order from the earliest to the latest;
• have each page numbered consecutively;
• have an index attached to its front containing a brief description of each document; and
• be filed in the registry with a copy served on the applicant as soon as possible after the Department receives a copy of the application and supporting affidavit.

At the first Directions Hearing in the proceedings, the Court may give directions with respect to the filing of any further documents.

Parties in Detention or Custody

This part of this Notice applies to any proceedings in relation to a decision made under the Migration Act 1958 where a party is in immigration detention or in custody.

Where a party is in immigration detention at a detention centre, e.g. Villawood Immigration Detention Centre, or otherwise held at a remand centre, such as Long Bay or Silverwater, the registry does not make arrangements to have that party brought to Court. The Minister's solicitors will make arrangements with the detention or remand centre for the party's attendance at Court.

Where the party in detention is represented, in the absence of agreement between the parties' representatives or an order or direction of the Court to the contrary, the party will not be brought to the Court as a matter of course other than for the final hearing.

If a party is in immigration detention at a remand centre the Minister's solicitors will notify the Associate to the Docket Judge or Federal Magistrate that that party is in such detention and that no order is required to be made by a Judge or Federal Magistrate of the Court for the applicant's attendance.

Where a party is in custody serving a custodial sentence e.g. at Long Bay Correctional Complex, the Minister's solicitors will notify the registry that the party is in custody, any reference used by the custodial authority to identify the party and the name of the custodial institution. Notification should usually be by letter addressed to the District Registrar however if, because of urgency, by telephone it should be directed to the Duty Registrar with a confirming letter addressed to the District Registrar to follow.

Adequate time should be allowed to enable the registry to refer to a Judge or Federal Magistrate of the Court for consideration of the possible making of an order that the party in custody be brought to Court; to give notification of that order, if made, to the relevant institution; and for that institution to make the necessary arrangements to act upon any such order.

Where a party in custody is represented, in the absence of agreement between the parties' representatives or an order or direction of the Court to the contrary, that party will not be brought to the Court as a matter of course other than for the final hearing.

John Mathieson
District Registrar & Registrar

13 August 2002