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ORDERS - Entry (NSW 2007/1)

1. ORDERS – Entry (NSW2007/1)

This notice sets out the arrangements for the authentication (entry/sealing) of orders under Order 36 Rule 7 of the Federal Court Rules.  The Federal Court of Australia’s electronic case management system, Casetrack records the outcome of all orders made by the Court.  Orders may be viewed on-line via eSearch through the Court’s web-site www.fedcourt.gov.au.

To assist legal practitioners and litigants it is proposed that the Registry will produce and enter orders upon a written request.  The following procedure is recommended.

2. Request for Entered Orders

Legal practitioners and litigants may request the Registry in writing to produce an entered/sealed copy of any order produced by a Judge or a Registrar (see below regarding Bankruptcy and Corporations Lists).   The request may be made by facsimile to (02) 9230 8295 or by  email to NSWorders@fedcourt.gov.au.

To process the request, please review the text of the order in eSearch and indicate if you have any concerns that the text of the order differs from the substance of the orders made.  In addition, the following information is required:

(a)    The name of the proceeding and file number.

(b)    The date of the order.

(c)    The Judge or Registrar making the order.

(d)    The number of copies that are required.

(e)    The DX or postal address and contact person to whom the orders are to be returned. 

At present there is no fee payable for this service (Order 36 rule 7 (3)).

Legal practitioners and litigants may continue to prepare draft orders for entry/sealing and file them via the Registry, by DX, post, facsimile, in person or by e-filing.

3. Complex orders

In addition, where complex orders are to be sought, it would assist if an electronic copy of the proposed order is provided to the docket Judge or to the NSW Registry for Registrar matters, prior to the court listing.

4. Duty matters

For urgent matters that come before the Duty Judge or Corporations Duty Judge, legal practitioners and litigants are expected to provide an electronic version of the proposed order. The order should be sent by email to the associate by arrangement with the associate.

5. Consent orders

If a party requires a sealed order of the consent orders made in chambers by a Judge or a Registrar under Order 35 Rule 10 or 10A, it will expedite the entry of the order and the return of the sealed copies if at the time of lodgment of the consent orders, the procedure in paragraph 2 “Request for Entered Orders” is followed.

6. Corporation Lists

In winding up applications before a Registrar, the Court will prepare and enter/seal orders for winding up or dismissal of a winding up application.

These Orders may be collected at the Registry after 3.00pm or may be sent by DX or post as requested by the party when in Court before the Registrar.

For other Orders made by a Registrar, including other orders made in Corporation Lists, you should follow the “request for entered orders” procedure outlined in paragraph 2 above. 

7. Bankruptcy Lists

In Creditor’s Petitions before a Registrar, the Court will prepare and seal orders for sequestration, dismissal of a Creditor’s Petition and for substituted service orders.

These Orders may be collected at the Registry after 3.00pm or may be sent by DX or post at the request by the party when in Court before the Registrar.

For other Orders made by a Registrar, including other orders made in Bankruptcy Lists, you should follow the “request for entered orders” procedure outlined in paragraph 2 above. 

Michael Wall
District Registrar

12th July 2007

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