24 August 2010: Admiralty and Maritime Law Seminar scheduled Nov 2010
'Current issues in Admiralty' Date: 9 November 2010 Time: 5.15-7.00 pm AEDT
Topics: Is it time to consider reform of the Admiralty Act 1988?
Alexander Street SC and Edward Cox
Demystifying the
Personal Property Securities Act 2009 in Admiralty Law
Gregory Nell SC
Andrew Boxall & Frazer Hunt: Co-authors of: Ship Finance & Maritime Law [a chapter in forthcoming publication, 'Personal Property Securities Law in Australia', Lexis Nexis]
Dr James O’Donovan: Author of: 'Personal Property Securities Law in Australia', Lawbook Co. 2009
Chairs:
The Honourable Justice D M Ryan & the Honourable Justice S D Rares
Welcome:
The Honourable Chief Justice Keane
Note:
Audience contributions and questions at the end of the seminar
RSVP:
5 November 2010.
Note that booking is essential. Please complete the registration form and return.
Venues:
Law Courts Building, Queens Square, Sydney.
Video link will be available at the following locations:
Adelaide:
Roma Mitchell Commonwealth Law Courts Building,
3 Angas Street.
Brisbane:
Harry Gibbs Commonwealth Law Courts Building,
119 North Quay
Canberra:
Nigel Bowen Commonwealth Law Courts Building,
Childers Street
Darwin:
Level 3, Supreme Court Building, State Square
Hobart:
Edward Braddon Commonwealth Law Courts Building,
39-41 Davey Street
Melbourne:
Owen Dixon Commonwealth Law Courts Building,
305 William Street
Perth:
Peter Durack Commonwealth Law Courts Building,
1 Victoria Avenue
Enquiries:
Tony Tesoriero (02) 9230 8250 or Rainer Gilich (08) 9268 7122
3 August 2010: Invitation to Patent & Intellectual Property Users' Group Meeting NSW District Registry
The Federal Court of Australia, NSW Registry, invites practitioners interested in Intellectual Property and Patent Law to attend a professional liaison meeting to discuss current issues relating to patents and intellectual property litigation. The Meeting will be chaired by the Honourable Justice Annabelle Bennett, convener of the Patent Panel in the NSW Registry. Please feel free to circulate this invitation to interested members of your firm or chambers.
Date: Monday 30 August 2010 Time: 5.00pm until 6.30pm
Place: Federal Court of Australia,
NSW Registry, Conference Room 18.47,
Level 18, Law Courts Building,
Queens Square, Sydney NSW
During the first half of 2010 the Court wrote to a number of people and organisations to advise them of the Court’s intention to compile a list of mediators to be available to parties in the proceedings and the Court, to assist in the management of native title work.
By way of background, in September 2009 the Parliament’s amendments to the Native Title Act 1993 placed with the Court a clear responsibility for managing all aspects of native title proceedings, including the opportunity to refer a matter to mediation before a person or body other than the National Native Title Tribunal (the Tribunal) or a Registrar of the Court.
The Court welcomed this opportunity and has given careful consideration to the practicalities of the process to be used to identify, select and appoint an appropriate mediator.
In this context the Court called for expressions of interest from people who asserted suitable qualifications and experience as a mediator so that a list of names could be compiled and made available by the Court for reference when considering the referral of a matter or part of a matter to a mediator (other than a member of the Tribunal or a Registrar). This list might also be supplemented by the Court’s or the parties’ own consultation to identify other persons suitable for appointment.
Potentially interested people were provided with an Expression of Interest document which set out the process for inclusion on the list.
the selection of a mediator for inclusion on the list does not create a contract between the mediator and the Court; and
inclusion on the list does not necessarily mean that the mediator will be appointed to a matter, nor can the mediator rely on their inclusion for the purpose of self promotion.
To ensure the currency of the names on the list it will be reviewed every twelve months and updated having regard to the persons’ availability, interest in the area, skills and capacity.
Referral process
The referral and appointment process in any matter will be ultimately a matter for the Court. A matter or part of a matter may be referred by order of the Court to a mediator other than a member of the Tribunal or a Registrar the Court following the request of a party to a proceeding or at the Court's own initiative. The Court will invite the parties to view the list and nominate a preferred mediator. Careful consideration will be given to the views of the parties as it is preferable for the parties to agree that a particular person is the appropriate person to assist them to resolve their dispute. In a situation where the parties cannot agree on a person to be appointed as the mediator the Court may nominate three mediators from who the parties could select. Alternatively the Court may decide which person from amongst the nominations is to be appointed.
Fees
In general the approach to payment of fees will be as follows:
fee rates will be contained in the written contract entered into between the Court and Mediator;
where the Court orders that a mediator be appointed for the management and resolution of a matter that will require an ongoing and long term commitment, the mediator will generally be appointed as an acting Registrar of the Court and paid at that rate by the Court via an intermittent contract;
where the Court orders that a mediator be appointed for a particular issue or event, the Court will generally appoint the mediator and pay them at a rate referable to the per diem rate of a member of the National Native Title Tribunal fixed by the Federal Remuneration Tribunal; and
where the Court wishes to appoint a prominent person for the purpose of, for example, an evaluation of a claim or a particular legal or factual issue, the Court will generally appoint the person and pay them at a fee no more than the daily fee of an acting Supreme Court Judge, as set by the NSW Statutory and Other Offices Remuneration Tribunal.
Subject to there being sufficient business, sittings of a Full Court of the Federal Court of Australia during 2011 will be held in all capital cities within the periods indicated below:
7 February - 4 March 2011
2 - 27 May 2011
1 - 24 August 2011
31 October - 25 November 2011
Any urgent matter may be transferred to a place of sitting other than that at which the matter was heard at first instance.
If the circumstances require it, a Full Court may sit to hear appeals on dates other than those listed.
P A Keane
Chief Justice
30 June 2010
30 June 2010: New version of Practice Note IP 1 – Proceedings under the Patents Act 1990 (Cth)
This Practice Note replaces the version of Practice Note IP 1 issued on 25 September 2010.
In the new version, paragraph 1.4 no longer provides that all new proceedings under the Patents Act will be listed before a nominated Patents List Judge for the first directions hearing. It acknowledges that in some registries this practice may not be followed. This change reflects new arrangements in the NSW Registry whereby new proceedings will now be listed before the Judge on the Patents Panel to whom the proceeding has been allocated.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
30 June 2010: Changes to filing and other fees in the Federal Court
The Federal Court of Australia Amendment Regulations 2010 (No 1) (the Amendment Regulations) will commence on 1 July 2010.
The Amendment Regulations make a number of changes to the item numbers and quantum of the filing and other fees set out in Schedule 1 to the Federal Court of Australia Regulations 2004 (the Regulations).
A summary of the new fees and other information on the new fees is available here.
As previously advised, the Attorney-General’s Department has indicated that further changes will be made to the Regulations to introduce a new flat fee of $100 for certain applications (and other items) that are currently eligible for fee waivers and exemptions. It is proposed that these changes will commence on 1 September 2010. The Court will provide further details of these changes as they become available.
If you have any queries please contact me on (02) 9230 8336.
Federal Court Amendment Rules 2010 (No 1)
Practice Note CM 16 – Pre-judgment Interest
Practice Note CM 17 – Representative Proceedings Commenced under Part IVA of the Federal Court of Australia Act 1976
Federal Court Amendment Rules 2010 (No 1)
The Federal Court Amendment Rules 2010 (No 1) will be registered on the Federal Register of Legislative Instruments on 2 July 2010. The Amendment Rules commence on 5 July 2010.
A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.
2. omit Order 1 subrule 5AC (5A) so that subpoenas lodged electronically are dealt with in the same manner as other court documents lodged electronically;
3. amend Order 8 paragraph 3 (2) (c) to clarify that an applicant need establish a prima facie case for only one of the grounds of relief mentioned in an application for the purpose of obtaining leave to serve the application outside Australia;
4. amend Order 13 rules 2 and 3 to clarify certain rules dealing with the amendment of court documents and pleadings;
5. amend Order 35 subrule 7 (2) to make it clear that the Court may set aside an order that an application in the appellate jurisdiction be dismissed for failure of the applicant to attend a hearing relating to the application;
6. amend Order 37 rule 9 and Schedule 1 to prescribe a form for a warrant of committal in relation to a contempt and a form for a warrant of committal for an offence;
7. amend Order 63 rules 2 and 3 and subrule 5 (2) to provide that a single account is to be used by the Court for the Litigants’ Fund;
8. amend the prescribed form for an application to commence a proceeding (Form 5) to remove the words ‘The statement is not taken to be part of the pleading’ and to require an applicant to include details of any Act upon which the relief claimed may depend;
9. amend Form 129 to correct a typographical error;
10. omit Order 35 rule 7A and replacing Order 35 rule 8 to adopt the harmonised rules on interest rates on judgment as recommended by the Council of the Chief Justices’ Discount and Interest Rate Harmonisation Committee.
Practice Note CM 16
Practice Note CM 16 sets out the approach that parties may expect the Court to adopt when determining the rate of pre-judgment interest. This was previously dealt with by Order 35 rule 7A of the Federal Court Rules that will be omitted by the Federal Court Amendment Rules 2010 (No 1).
This is a ‘harmonised’ practice note prepared by the Council of the Chief Justices’ Discount and Interest Rate Harmonisation Committee.
A copy of the Practice Note is available from the Court’s web site at www.fedcourt.gov.au.
The Practice Note will commence on 5 July 2010.
Practice Note CM 17
This practice note sets out the procedures and arrangements for the conduct of representative proceedings under Part IVA of the Federal Court of Australia Act.
A copy of the Practice Note is available from the Court’s web site at www.fedcourt.gov.au.
The Practice Note will commence on 5 July 2010.
Philip Kellow
Deputy Registrar
25 June 2010: Changes to filing and other fees in the Federal Court
The Attorney-General’s Department has provided details of the filing and other fees that will apply to proceedings in the Federal Court from 1 July 2010.
A summary of the new fees prepared by the Department is available below. The changes described in the document are subject to the approval of the Governor-General in Council and will be implemented by amendments to the Federal Court of Australia Regulations 2004 (the Regulations).
In addition to the changes announced by the Department, the fee for:
filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
(a) the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;
(b) the applicant alleges a breach of section 351 of that Act.
filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act
will increase to $60.60 from 1 July 2010. These fees are currently items 3 and 3A in Schedule 1 to the Regulations.
As noted in the Department’s paper, the numbering of the fee items in Schedule 1 to the Regulations may change when the Regulations are amended on 1 July 2010.
The Court will publish further information about the new fees (including the new item numbers) on 1 July 2010.
The Department has also advised that a new flat fee of $100 will be introduced to replace certain applications (and other items) that were previously eligible for fee waivers and exemptions. It is proposed that these changes will commence on 1 September 2010. The Court will provide further details of these changes as they become available.
If you have any queries please contact me on (02) 9230 8336.
The High Court, Federal Court, Family Court and Federal Magistrates Court have established a Joint Costs Advisory Committee (JCAC) to inquire into, and to make recommendations on, any variations in the quantum of costs allowable to legal practitioners which should be contained in the scales of costs in the:
These scales are used to determine the amount payable where one party must pay the legal costs of another party to a proceeding.
JCAC is also seeking comments on whether, and to what extent, the weightings of the FCAC formula set out in its terms of reference should be adjusted in light of the Australian Bureau of Statistics 8667.0 - Legal Services, Australia, 2007-08 survey released on 24 June 2009.
Interested persons and organisations are invited to submit in writing any views on changes to the scales of costs they wish to have considered by JCAC. Submissions (which will be available to the public unless deemed confidential by JCAC) should be sent to:
Ms Angela Filippello
Joint Costs Advisory Committee
c/o Family Court of Australia
GPO Box 9991
BRISBANE QLD 4001 jcac.submissions@familycourt.gov.au
The deadline for submissions is 30 June 2010.
17 May 2010: Access to Justice
The Attorney-General has launched an Access to Justice website located at www.accesstojustice.gov.au, to provide seamless access to local information about legal assistance and related services.
12 April 2010: Access and Fairness Survey 2009
In 2009 the Court conducted an access and fairness survey of Court users as part of its ongoing commitment to maintain a high level of service delivery.
15 March 2010: Federal Court (Corporations) Amendment Rules 2010 (No 1)
The Federal Court (Corporations) Amendment Rules 2010 (No 1) was registered on the Federal Register of Legislative Instruments on 15 March 2010. The Amendment Rules commence on 16 March 2010.
A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.
The Amendment Rules will amend Form 19 of the Corporations Rules, Consent to Act as designated person, so as to include a reference to the administration and realisation as well as the distribution of assets. This change is consequential upon amendments made in 2009 to rule 15A.5 to ensure that it is consistent with the terms of articles of 19 and 21 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law which operates in Australia pursuant to the Cross-Border Insolvency Act 2008 (Cth).
If you have any queries, please contact me (02) 9230 8336.
Philip Kellow
Deputy Registrar
26 February 2010: Orientation seminar (NSW)
Orientation seminar for solicitors new to practice in the Federal Court.
Thursday, 15 April 2010 From 11 am - 12.30 pm
Courtroom 1
Law Courts Building, Queens Square
Presentations by a Judge of the Federal Court, NSW District Registrar, Senior NSW Registrars
Topics:
Appearing in the Federal Court
Dealing with chambers and the Registry
Alternative Dispute Resolution
Case management
Registry practice and procedure
RSVP by 10 April 2010
sharon.hodge@fedcourt.gov.au
Please note, numbers are limited at this free seminar. RSVPs will be accepted in order of receipt.
The Australian Government today announced the appointment of the Hon. Patrick Keane as the next Chief Justice of the Federal Court of Australia.
Justice Keane will begin his appointment on Monday 22 March 2010 and becomes only the third Chief Justice appointed to the Federal Court in its 33-year history.
He is currently a Judge of the Court of Appeal, Supreme Court of Queensland, an office he has held with distinction since 2005.
Chief Justice Michael Black AC said “I warmly congratulate Justice Keane on his appointment as the next Chief Justice of the Federal Court of Australia. Justice Keane is renowned for his scholarship and for the exceptionally high quality of his judicial work. He is a person of outstanding ability in many fields. I wish him every success in his new office.”
23 December 2009: New versions of Practice Note CM 9 – Freezing Orders and Practice Note CM 11 – Search Orders
The practice notes will commence on 1 January 2010.
The new practice notes adopt changes recommended by the Council of Chief Justices’ Harmonised Search Orders and Freezing Orders Committee. These changes are consequential upon the introduction of s128A of the Evidence Act 1995 (Cth), Evidence Act 1995 (NSW) and the Evidence Act 2008 (Vic). Section 128A provides that the privilege against self-incrimination under s128 of the Act applies to disclosure orders in civil proceedings in connection with a freezing or search order. In particular, changes have been made to:
• paragraph 14 of Practice Note CM 9 and paragraph 9 of the example form of Freezing Order attached to it; and
• paragraph 22 of Practice Note CM 11 and paragraphs 21 and 24 of the example form of Search Order attached to it.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
23 December 2009
21 December 2009: Federal Court Amendment Rules 2009 (No 4)
The Federal Court Amendment Rules 2009 (No 4)was registered on the Federal Register of Legislative Instruments on 18 December 2009. The amendments commenced on the day after they were registered on the Federal Register of Legislative Instruments.
A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.
The Amendment Rules make the following amendments to the Federal Court Rules:
insert a new Order 68 to provide rules for the Court’s jurisdiction under the International Arbitration Act 1974; and
insert a new Order 72A to provide rules for the referral of all or part of a matter to a referee.
If you have any queries, please contact me (02) 9230 8336.
Philip Kellow Deputy Registrar 21 December 2009
8 December 2009: Practice Note ARB 1 - Proceedings under the International Arbitration Act 1974
On 7 December 2009 the International Arbitration Act 1974 (Cth) (‘the Act’) was amended to give the Court jurisdiction in relation to:
(a) the enforcement of a foreign award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
(b) applications under article 6 of the UNCITRAL Model Law on International Commercial Arbitration (‘Model Law’) for orders concerning:
(i) the appointment and termination of an arbitrator (articles 11 and 14 of the Model Law)
(ii) challenges against an arbitrator on the basis that the arbitrator lacks impartiality or independence or the necessary qualifications (article 13)
(iii)
whether an arbitral tribunal has jurisdiction to deal with the issues before the tribunal (article 16)
(iv) the setting aside of an arbitral award (article 34)
(c) the enforcement of an award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
The Court also has jurisdiction under the Act to deal with applications for an order to stay a proceeding or part of a proceeding that is before the Court and which involves the determination of a matter that is capable of settlement by arbitration pursuant to an arbitration agreement between the parties.
The Practice Note sets out the arrangements for proceedings before the Court in which orders are sought under the Act. These arrangements include the appointment in each registry of an Arbitration Coordinating Judge who has general responsibility for the management of matters under the Act.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
8 December 2009
4 December 2009 : Federal Court Amendment Rules 2009 (No 3)
The Federal Court Amendment Rules 2009 (No 3)was registered on the Federal Register of Legislative Instruments on 4 December 2009. The amendments mentioned in items 1 to 13 below will commence on the day after registration, 5 December 2009. The amendments mentioned in item 14 will commence on 4 January 2010.
A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.
The Amendment Rules make the following amendments to the Federal Court Rules:
amend Order 1 rule 5AC to make it clear that a party who has filed an affidavit pursuant to Order 1 subrules 5AC (2) and (5) must produce the original of the affidavit to the Court if directed to do so;
amend Orders 1, 4, 15, 22, 42 and 49 to clarify that a reference to a ‘directions hearing’ for the purpose of the computation of time within which acts must be done is a reference to the hearing date appointed in a document commencing a proceeding in the Court’s original jurisdiction;
insert a new Order 7 subrule 11 (3) to provide for how service may be effected on a party who, having originally appeared by a solicitor, parts company with the solicitor and fails to file a new address for service, and the insertion of a new Order 45 rule 7A setting out the information to be included in the new address for service;
amend Order 27 and Form 41 and insert a new Form 41A to deal with the destruction of copies of documents produced on subpoena;
amend Order 46 subrule 6 (2) to include a ‘statement of agreed facts’;
amend Order 46 rule 7A to include appropriate references to ‘filing’ and to allow a Registrar, when determining whether a document appears to be an abuse of process of the Court or to be frivolous or vexatious, to have regard to the document and any documents submitted for filing with the documents or referred to in the document or any accompanying documents;
amend Order 52 rule 19 and insert new subrules 19A and 22A and new Forms 29A and 29B to prescribe a procedure and forms by which an appellant, cross-appellant or applicant can discontinue an appeal or related application (such as an application for leave to appeal or an application for an extension of time to appeal);
amend Order 52 rule 26 and Order 53 rule 15A to simplify the content of appeal books;
amend Order 54B rule 8 and Form 56A to provide for the manner in which an application for extension of time to file an application under the Migration Act 1958 must be made and prescribe the information that must be filed in support of such an application. These amendments are consequential upon changes made to the Migration Act by the Migration Legislation Amendment Act (No 2) 2008 whichcommenced on 15 March 2009;
amend Orders 76 and 81 and Forms 167 and 168 to replace each reference to the ‘Human Rights and Equal Opportunity Commission’ with a reference to the ‘Australian Human Rights Commission’ and each reference to the Australian Human Rights Commission Act 1986. These amendments are consequential upon changes made to the Human Rights and Equal Opportunity Commission Act 1986 by the Discrimination and Other Human Rights Legislations Amendment Act 2009 whichcommenced on 5 August 2009;
replace Order 80 rules 9 and 10 with a new rule 9 which provides that the Court may make a costs order entitling a pro bono practitioner representing a successful party to recover from the losing party the practitioner’s fees and disbursements reasonably incurred;
amend Forms 3, 8, 9, 10 and 20 to include a reference to the relevant Division;
amend each form which refers to an address for service to include, where it does not already have one, a reference to Order 7 rule 6 and to update the version numbers inserted at the foot of the forms as appropriate;
amend Schedule 2 to adjust the quantum of prescribed costs.
If you have any queries, please contact me (02) 9230 8336.
Philip Kellow
Deputy Registrar
4 December 2009
22 October 2009: 2008-2009 Annual Report
The Court's Annual Report for 2008-09 was tabled in the House of Representatives on Thursday, 22 October 2009. The report is now available on the Court's website and copies will be distributed to the Directors of Court Services in the Registries next week.
24 September 2009: Revised Practice Documents
Following a review of the current Practice Notes, Practice Directions and national and local Notices to Practitioners and Litigants it was decided that only two forms of practice documents will be issued by the Court:
(a) Practice Notes issued by the Chief Justice; and
(b) local Administrative Notices issued by each District Registrar.
Pursuant to this decision, on 25 September 2009 the existing Practice Notes, Practice Directions and national and local Notices to Practitioners and Litigants were revoked, and new Practice Notes and Administrative Notices issued.
Practice Notes and Administrative Notices are used to provide information to litigants and practitioners on particular aspects of the Court’s practice and procedure.
Practice Notes are issued by the Chief Justice upon the advice of the Judges of the Court pursuant to the Court’s inherent power to control its own processes. In general terms, practice notes are issued to:
• complement particular legislative provisions or rules of court
• set out procedures for particular types of proceedings
• notify litigants and practitioners of particular matters which may require their attention.
The new Practice Notes are organised by subject matter as follows:
• Admiralty
• Appeals
• Case Management
• Corporations
• Intellectual Property
• Native Title
• Taxation
The new Practice Notes in relation to Native Title are being developed in light of the recent amendments to the Native Title Act 1996 (Cth).
Administrative Notices are issued by each District Registrar at the request, or with the agreement, of the Judges in the District Registry to which the notices relate. These Notices deal with local matters, such as the arrangements for the duty judge or the listing of particular types of matters (such as subpoena or corporations lists).
The following documents will be available on the Court’s web site:
• The new Practice Notes issued on 25 September 2009 by the Chief Justice.
• The new Administrative Notices issued on 25 September 2009 by the District Registrars.
• A list of the new Practice Notes and Administrative Notices.
• A comparative table of the new and old Practice Notes.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
24 September 2009
4 September 2009: 'Solid work you mob are doing’, Case studies in Indigenous Dispute Resolution and Conflict Management in Australia
NADRAC identified a need to examine dispute resolution practice in an indigenous context. It considered that there was a need to gain insights into what procedures work, and why, and whether that knowledge could be transferred to other dispute resolution contexts. The Federal Court of Australia, in collaboration with AIATSIS and NADRAC, then initiated a research project based on specific case studies, resulting in the report 'Solid work you mob are doing'.
Using a case study approach, the report makes recommendations aimed at improving dispute resolution practice in many indigenous contexts. It offers very valuable insights into what makes an effective practitioner in this context and what dispute resolution practices are likely to be effective.
12 August 2009: Information Sessions for Junior Solicitors, Para-Legals and Outside Clerks
The Western Australia District Registry of the Federal Court will be conducting Information Sessions for junior solicitors, para-legals, outside clerks and articled clerks on Wednesday 2 September 2009 and Thursday 3 September 2009.
The aim of the Fast Track Directions is to provide a framework in which cases may be heard and finalised within 5 to 8 months from the date of filing (depending on their complexity), and to reduce costs by limiting discovery and avoiding lengthy interlocutory disputes. Urgent cases may be finalised sooner.
Each District Registry of the Court has now issued an Administratice Notice setting out the administrative arrangements to support the Fast Track Directions.
As a matter of practice, the affidavit mentioned in paragraph 3 of each Administrative Notice may be incorporated into the Fast Track Statement.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
24 July 2009
21 July 2009: Invitation to attend 'Investor Class Actions' book launch - August 3
The Chief Justice and Judges of the NSW Registry invite members of the legal profession to attend the launch of Investor Class Actions, a book of the papers and proceedings of a Conference that was held at the Federal Court in Sydney and Melbourne on 10 March 2009.
The book has recently been published by the Ross Parsons Centre of Commercial, Corporate and Taxation Law of the University of Sydney.
The book will be launched by the Hon Murray Wilcox QC, formerly Justice Wilcox of the Federal Court on Monday 3 August 2009 at 5.30 pm, Level 18, Law Courts Building, Queens Square, Sydney.
Mr Wilcox is a former Member (and Acting President) of the Australian Law Reform Commission and was involved in the writing of the Report that recommended the introduction of the class action procedure. As well, as a Judge he presided over many class actions in the Federal Court.
Light refreshments will be served. To assist with catering please let the Ross Parsons Centre know by Friday, 31 July if you will be attending as follows:
15 July 2009: Invitation to Admiralty and Maritime Users' Group meeting
The Federal Court of Australia with the Federal Magistrates Court will hold a Users’ Group meeting for Admiralty and Maritime jurisdiction on Wednesday 22 July 2009 at 5.00 pm in Conference Room 18.01, Level 18, Law Courts Building, Queens Square, Sydney for interested practitioners to come and express their views or simply listen.
3 Dealing with complex ex parte applications to the Court
4 Any other matters raised by the profession
If there are any other issues which a legal practitioner would like to have discussed please contact Mr Chuan Ng, Deputy District Registrar and Admiralty Registrar on (02) 9230 8654 or email chuan.ng@fedcourt.gov.au.
Please feel free to circulate this invitation to interested members of your firm or chambers.
Michael Wall
District Registrar (NSW/ACT)
Federal Court of Australia
30 June 2009: Practice Note No 31: Allocation of proceedings to Divisions of the Court - Direction under s 13(5) of the Federal Court of Australia Act 1976 (Cth)
The Chief Justice will be issuing Practice Note No 31: Allocation of proceedings to Divisions of the Court – Direction under s 13(5) of the Federal Court of Australia Act 1976 (Cth) on 1 July 2009.
The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) will amend the Federal Court of Australia Act 1976 (Cth) by creating a General Division and a Fair Work Division. The new section 13 includes provisions setting out the jurisdiction to be exercised in each Division.
The Practice Note sets out the types of pending and new proceedings that are to be allocated to the Fair Work Division. Other pending and new proceedings are to be allocated to the General Division.
The Practice Note also refers to the changes to Order 41 rule 1 of the Federal Court that will require the heading of each document in a proceeding to refer to the Division of the Court in which the proceeding is to be heard and determined.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
30 June 200
30 June 2009: SA District Registry - Notice to Practitioners and Litigants - Administrative Notice
This Notice sets out the administrative arrangements in the South Australia
Registry for proceedings that are to be conducted in accordance with Practice
Note No 30 - Fast Track Directions ('the Fast Track Directions').
Patricia Christie
District Registrar
SA Registry
30 June 2009: NSW District Registry - Notice to Practitioners and Litigants
This Notice sets out the administrative arrangements relating to the handling of Duty Judge matters within the New South Wales District Registry of the Federal Court. The notice replaces the Duty Judge Matter Notice issued in 2002 and deals with the current administrative arrangements.
Michael Wall
District Registrar
NSW Registry
26 June 2009: Changes to Rules and Regulations consequential upon the new Fair Work legislation
Changes to the Federal Court Rules
The Federal Court Amendment Rules 2009 (No. 2) are being registered on the Federal Register of Legislative Instruments and will commence on 1 July 2009. A copy the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.
The Federal Court Amendment Rules 2009 (No. 2) amend the Federal Court Rules in light of:
the Court’s jurisdiction under the Fair Work Act2009 and the Fair Work (Registered Organisations) Act 2009.
the amendments to the Federal Court of Australia Act 1976 by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 that will create a General Division and a Fair Work Division.
The amendments include:
replacing references to the Workplace Relations Act with references to the Fair Work Act2009 and Fair Work (Registered Organisations) Act 2009, as appropriate.
replacing Order 48 with a new Order 48 which refers to the relevant provisions of the Fair Work Act2009, Fair Work (Registered Organisations) Act 2009 and related regulations;
replacing Order 50 with a new Order 50 which replaces the references to the Industrial Registrar under the Workplace Relations Act with references to the President of Fair Work Australia.
inserting new forms 5B, 5C and 5D:
Form 5B – Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection
Form 5C – Claim under the Fair Work Act 2009 alleging unlawful termination of employment
Form 5D – Claim under the Fair Work Act 2009 alleging discrimination.
inserting a requirement that each document filed in a proceeding must include a reference to the Division in which the proceeding is being heard and determined, with consequential changes to the forms prescribed in Schedule 1 to the Federal Court Rules.
The Amendment Rules will commence on 1 July 2009.
Changes to the Federal Court (Bankruptcy) Rules 2005
The Federal Court (Bankruptcy) Amendment Rules 2009 (No. 2) are being registered on the Federal Register of Legislative Instruments on 26 June 2009 and will commence on 1 July 2009. A copy the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/.
The Federal Court (Bankruptcy) Amendment Rules 2009 (No. 2) will amend the Federal Court (Bankruptcy) Rules 2005 by inserting the words ‘General Division’ in the heading of each form in Schedule 1 to the Bankruptcy Rules.
The amendments are consequential upon the amendments made to the Federal Court of Australia Act 1976 by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 that will create a General Division and a Fair Work Division in the Court.
Changes to the Federal Court of Australia Regulations 2004
The Governor-General has approved amendments to Schedule 1 to the Federal Court of Australia Regulations 2004 that will commence on 1 July 2009. The amendments replace the current item 3 with the following:
Item 3 – Filing of an application under s 539 of the Fair Work Act 2009 in either of the following circumstances:
(a) the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;
(b) the applicant alleges a breach of s 351 of that Act.
Item 3A – Filing of an application under s 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act
The fee for each item will be $59.50.
Applications alleging unlawful termination under s 663 of the Workplace Relations Act 1996 may still be made where the application concerns conduct that occurred prior to 1 July 2009. In these cases the old item 3 will continue to apply. This fee will be in the amount of $59.50.
Further information
If you have any queries please contact (02) 9230 8336.
Philip Kellow
Deputy Registrar
26 June 2009
9 June 2009: National guide to discretionary items in bills of costs issued by the Principal Registrar
The Guide provides information on the exercise of a Taxing Officer’s discretion in relation to claims made for copies, perusal and general care and conduct under Schedule 2 of the Federal Court Rules.
This Guide does not limit the Taxing Officer’s discretion to allow different fees if it is considered appropriate.
Please contact me on (02) 9230 8336 if you have any queries.
