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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.

A copy of the Practice Note will also be available tomorrow from the Federal Court’s web site at http://www.fedcourt.gov.au/how/practice_notes.html.

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

On 30 June 2009 the SA District Registry of the Federal Court of Australia issued a 'Notice to practitioners and litigants - Proceedings conducted in accordance with Practice Note No 30 - Fast Track Directions'.

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

Duty Judge Matters – Administrative Arrangements (NSW2009/2)

On 30 June 2009 the NSW District Registry of the Federal Court of Australia issued a 'Notice to practitioners and litigants - Duty Judge Matters – Administrative Arrangements (NSW2009/2)'.

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 Act 2009 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 Act 2009 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 Act 2009, 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

On 26 May 2009 the Registrar issued a National Guide to Discretionary Items in Bills of Costs.

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.

Philip Kellow
Deputy Registrar

21 May 2009: NSW District Registry - Orientation Seminar for Solicitors New to Practice

The Federal Court is pleased to host a further Orientation Seminar for Solicitors New to Practice in the Federal Court on 16 June 2009, from 10.15 AM to 12.15 PM AEST.

Numbers are limited at this free seminar.

Please RSVP by Friday 5 June 2009 to estelle.robertson@fedcourt.gov.au

Dowload invitation in PDF format.


11 May 2009: Federal Court Amendment Rules 2009 (No. 1)

The Federal Court Amendment Rules 2009 (No. 1) was registered on the Federal Register of Legislative Instruments on 11 May 2009.

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 give effect to the harmonised rules in relation to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 (the Hague Convention) that have been developed by the Council of Chief Justices’ Harmonised Rules on Service Outside the Jurisdiction Committee.

The Amendment Rules make the following amendments to the Federal Court Rules:

1. insert after Order 8 a new Order 8A setting out the harmonised rules for Service under the Hague Convention;
2. make consequential amendments to Order 8;
3. insert in Schedule 1 new forms 14D and 14E.

The amendments will commence on the day the Hague Convention enters into force for Australia. Australia is expected to accede to the Hague Convention in mid-2009.

If you have any queries please contact (02) 9230 8336.

Philip Kellow
Deputy Registrar


24 April 2009: Practice Note No 30 – Fast Track Directions

The Chief Justice has issued Practice Note No 30: Fast Track Directions (‘the Fast Track Directions’) which commences on 24 April 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.

The key features of the Fast Track Directions include:

  • the substitution of Fast Track Statements, Responses and Cross-claims for pleadings
  • the introduction of Scheduling Conferences and Pre-trial Conferences to ensure active case management of the proceeding
  • an express statement of the Court’s expectation that parties and their representatives will cooperate with, and assist, the Court to ensure proceedings are conducted in accordance with the Fast Track Directions
  • limiting the scope of discovery obligations
  • requiring the parties to meet and confer and attempt to resolve any interlocutory dispute before they may apply to the Court for a determination of the dispute
  • resolving most interlocutory disputes on the papers.

The coordinating judges for fast track in each Registry are as follows:

New South Wales Justices Emmett and Jacobson
Victoria Justice Finkelstein
Queensland Justice Greenwood
South Australia Justices Mansfield and Lander
Western Australia Justice Siopis
Tasmania Justice Middleton
Australian Capital Territory

Justice Stone

Northern Territory Justices Mansfield and Reeves

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Deputy Registrar


8 April 2009: Joint Costs Advisory Committee, Legal Practitioners' Scale of Costs

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:

  • High Court Rules
  • Federal Court Rules
  • Family Law Rules
  • Federal Magistrates Court Rules

These scales are used to determine the amount payable where one party must pay the legal costs of another party to a proceeding.

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:

Mr Philip Kellow
Joint Costs Advisory Committee
c/- Federal Court
Level 16 Law Courts Building
Queens Square
SYDNEY  NSW  2000
Philip.Kellow@fedcourt.gov.au

Phone 02 9230 8336

The deadline for submissions is 9 June 2009.

Further information, including JCAC’s terms of reference, can be obtained from Mr Kellow.


8 April 2009: Admiralty and Maritime Law Nation-wide Seminar

The Federal Court will hold a seminar on 'Ship Arrests and Insolvency' in Sydney on 21 May 2009, from 5.30-7.30pm EST. The seminar will be broadcast by video-link to all the Registries of the Court.

Further information:

Seminar information: RTF
Application form: RTF


6 April 2009: NSW District Registry - Orientation Seminar for Solicitors New to Practice

Sessions 1 and 2 are now full.

A third session may be organised and dates will be published on this site.


24 March 2009: Federal Court (Bankruptcy) Amendment Rules 2009 (No 1)

The Federal Court (Bankruptcy) Amendment Rules 2009 (No 1) was registered on the Federal Register of Legislative Instruments on 23 March 2009. The Amendment Rules commence on 30 March 2009.

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 (Bankruptcy) Rules:

  • insert a new Part 14 ‘Proceedings under the Cross-Border Insolvency Act’ which sets out the rules as to how particular applications under the Act are to be made and notified;
  • insert into Schedule 1 to the Federal Court (Bankruptcy) Rules 2005 the following new forms:
    • Form 18      Consent to act as designated person
    • Form 19      Notice of filing of application for recognition of foreign proceeding
    • Form 20      Notice of making of order under the Cross-Border Insolvency Act 2008
    • Form 21      Notice of dismissal or withdrawal of application for recognition of foreign proceeding
    • Form 22      Notice of filing of application to modify or terminate an order for recognition or other relief

3.       make consequential amendments to rules 1.03 and 1.04, and to forms 2 and 3.

If you have any queries, please contact me (02) 9230 8336.

Philip Kellow
Deputy Registrar
23 March 2009


10 March 2009: QLD District Registry - Notice to Practitioners and Litigants

Corporations Matters – Revised Administrative Arrangements
On 24 February 2009 the QLD District Registry of the Federal Court of Australia issued a 'Notice to practitioners and litigants - Corporations Matters – Revised Administrative Arrangements'.

This notice advises the profession of the administrative arrangements for the handling of Corporations matters (being matters under the Corporations Act 2001, the Australian Securities and Investment Commission Act 2001 and the Cross Border Insolvency Act 2008) in the Queensland District Registry of the Court. 

Graham Ramsey
District Registrar
QLD Registry


10 Mar 2009: Practice Note No 29:

Cross-Border Insolvency – Cooperation with Foreign Courts or Foreign Representatives

On 2 March 2009 the Chief Justice issued Practice Note No 29: Cross-Border Insolvency – Cooperation with Foreign Courts or Foreign Representatives.

In 2008 the Federal Court (Corporations) Rules 2000 was amended to accommodate applications under the Cross-Border Insolvency Act 2008 (Cth).  The Cross-Border Insolvency Act gives effect to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (the Model Law).  The Model Law outlines a system of insolvency procedures to be used in cases where the insolvent party has assets in more than one country, or when there are foreign creditors present in a domestic insolvency proceeding.

Practice Note No 29, the text of which is in accordance with a recommendation by the Council of Chief Justices’ Harmonised Corporations Rules Monitoring Committee, deals with the arrangements for court-to-court cooperation mentioned in article 25 of the Model Law. A copy of article 25 is set out in the Practice Note.

If you have any queries please contact me on (02) 9230 8336.

 

Philip Kellow
Deputy Registrar

10 March 2009


24 February 2009: ACT District Registry - Notice to Practitioners and Litigants

1. Proceedings under the Patents Act 1998 (Cth)
On 2 February 2009 the ACT District Registry of the Federal Court of Australia issued a new 'Notice to practitioners and litigants - Proceeding under the Patents Act 1998 (Cth)'. This Notice sets out the usual procedures in relation to proceedings under the Patents Act 1990 (Cth).

2. Administrative arrangements
On 2 February 2009 the ACT District Registry of the Federal Court of Australia replaced 'Notice to practitioners and litigants - Administrative arrangements' issued on 4 February 2008 with a new 'Notice to practitioners and litigants - Administrative arrangements (ACT 2009/01)'.


30 January 2009 : Investor Class Actions conference on 10 March 2009

The Federal Court of Australia in Sydney and Melbourne will host an Investor Class Actions conference on 10 March 2009 with guest speakers including Professor Geoffrey P Miller from NYU, Professor Tyrone Carlin and Dr Peter Cashman (Adjunct Professor) Sydney University with an introduction by the Chief Justice, the Hon M E J Black AC.

Details and registration form can be downloaded from the Court's website.


30 January 2009 : Notice to Practioners and Litigants issued by the Chief Justice

Revised Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation

On 29 January 2009 the Chief Justice issued a new Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation which replaces the Practice Note No 17 – Guidelines for the Use of Information Technology in Litigation in Any Civil Matter issued in April 2000. A copy of the new Practice Note is available from the Court’s website.

The new Practice Note sets out the framework for the use of electronic documents in proceedings before the Federal Court and directs litigants and practitioners to a number of protocols and checklists (the related materials).

The aim of the Practice Note is to encourage and facilitate the effective use of technology in proceedings before the Court by:

  1. setting out the Court’s expectations as to how technology should be used in the conduct of proceedings before the Court; and
  2. recommending a framework for the management of documents electronically in the discovery process and the conduct of trials.

The Practice Note will apply, unless the Court otherwise orders, to proceedings in which the Court has ordered that discovery be given using electronic documents, or the hearing is to be conducted using electronic documents. It is expected that the Practice Note will apply in any proceeding in which:

  1. a significant number (in most cases, 200 or more) of the documents relevant to the proceeding have been created or are stored in an electronic format; and
  2. the use of technology in the management of documents and conduct of the proceeding will help facilitate the quick, inexpensive and efficient resolution of the matter.

The related materials mentioned in the Practice Note comprise:

  • a Default Document Management Protocol (suitable for matters involving from 200 to 5,000 documents in electronic format)
  • an Example of an Advanced Document Management Protocol (suitable for matters involving more that 5,000 documents in electronic format)
  • a Pre-discovery Conference Checklist (setting out matters that the parties are expected to consider when reaching an agreement on the protocols to be used for the electronic exchange of documents and other issues relating to efficient document management in a proceeding)
  • a Pre-trial Checklist (setting out matters that the parties are expected to consider in order to help ensure that technology is used efficiently and effectively in preparation for, and conduct of, the trial)
  • a Glossary of technical expressions used in the Practice Note and related materials.

A copy of the related materials may be obtained from the Court’s web site.

The aim of the document management protocols is to ensure that parties and their lawyers have sufficient information to be able to manage documents and related technology issues in light of what is expected by the Court. If the protocols are not suitable in the circumstances of a particular proceeding, it is open to the parties to agree to alternative protocols subject to the Court being satisfied that they are appropriate to its needs as well.

In each registry one or more registrars have been nominated to provide advice and assistance in relation to the implementation of the Practice Note. These registrars are referred to as ‘eRegistrars’. Lawyers or parties requiring information or assistance about the application of the Practice Note or the use of technology in litigation in the Court are encouraged to contact an eRegistrar. Contact details for the eRegistrars can be found at http://www.fedcourt.gov.au.

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Acting Registrar
30 January 2009


January 2009: Federal Court Website Unavailable

Due to maintenance work being carried out by our service provider, Federal Court website will be unavailable on Tuesday 13th January from 8pm to 12am (AEDT)


19 December 2008: Notice to Practioners and Litigants issued by the Chief Justice

The Notice to Practitioners titled Conduct of Admiralty and Maritime work in the Federal Court of Australia - Notice to Practitioners in all States and Territories that was issued by the Chief Justice on 21 December 2005 has been replaced by a new Notice to Practitioners and Litigants - Conduct of Admiralty and Maritime Work in the Federal Court of Australia issued on 18 December 2008.

The new Notice is in similar terms to the previous notice but has been amended to, amongst other things, update the list of Admiralty and maritime Judges and insert a new section on the conduct of cargo claims.

If you have any queries please contact (02) 9230 8336.

Philip Kellow
Deputy Registrar


19 December 2008: NSW District Registry - NSW Expedition List

NSW Registry has introduced an expedition list in which parties will receive an expedited hearing and early judgment in appropriate matters. Further information on the new scheme is described in the Notice to Practitioners, NSW Expedition List.

Michael Wall
District Registrar
NSW Registry


17 December 2008: QLD District Registry - Proceedings under the Patents Act 1990 (Cth)

The QLD District Registry of the Federal Court of Australia has issued the 'Notice to Practitioners - Proceedings under the Patents Act 1990 (Cth)'. This Notice sets out the usual procedures in relation to proceedings under the Patents Act 1990 (Cth).

Graham Ramsey
District Registrar
Queensland Registry


10 December 2008: SA District Registry - Proceedings under the Patents Act 1990 (Cth)

The SA District Registry of the Federal Court of Australia has issued the 'Notice to Practitioners - Proceedings under the Patents Act 1990 (Cth)'. This Notice sets out the usual procedures in relation to proceedings under the Patents Act 1990 (Cth).

Patricia Christie
District Registrar
(SA Registry)


2 December 2008: Federal Court Amendment Rules 2008 (No 2)

The Federal Court Amendment Rules 2008 (No 2) was registered on the Federal Register of Legislative Instruments on 1 December 2008.

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:

1. amend Order 21 rule 5 to provide that an application by a person who is subject to an order under Order 21 subrule 1(1) or rule 2 (which deal with vexatious litigants) may be determined by the Court without an oral hearing;

2. amend Order 27 (which deals with subpoenas) by inserting a new rule 3A and amend subrule 6(4) and Form 41 to allow a party who has issued a subpoena to notify the addressee of a later date or time as the date or time for attendance or for production or both;

3. insert a new Order 35 rule 7A to prescribe a rate of pre-judgment interest for the purposes of section 51A of the Federal Court of Australia Act 1976;

4. amend Order 41 subrule 2(3) and insert a new Order 41 subrule 2(3A) to provide that a document may be printed single-sided or double-sided;

5. amend the rules in Order 52 and Order 53 dealing with the requirements for primary and supplementary appeal papers;

6. amend Order 62 subrule 43(4) to correct a cross-reference to Order 62 rule 41;

7. insert a Note at the foot of Order 63 subrule 5(2) to refer to Practice Note No 28 which deals with investment accounts established by the Court;

8. amend Forms 55A, 55B and 141 to remove the requirement that the members of the Tribunal which made the decision the subject of the appeal be named;

9. amend Schedule 2 to adjust the quantum of prescribed costs.

The amendments mentioned in items 1 to 8 above will commence on the day after registration. The amendment mentioned in item 9 will commence on 1 January 2009.

If you have any queries please contact (02) 9230 8336.

Philip Kellow
Deputy Registrar
2 December 2008


11 November 2008: Corporations law: nation-wide seminar

The Federal Court will hold a second nation-wide seminar on Corporations Law on Tuesday 2 December 2008, by video in all the Registries of the Court at the following times:

5.30 pm Sydney, Melbourne, Canberra, Hobart
5.00 pm Adelaide
4.30 pm Brisbane
4.00 pm Darwin
3.30 pm Perth

The subject is “Cross Border Insolvency”, a subject that has assumed particular importance in Australia following the passing of the Cross-Border Insolvency Act 2008 by the Commonwealth Parliament this year.

The first speaker will be Ms Jenny Clift who is Head of the Technical Assistance and Coordination Section, International Trade Law Division (UNCITRAL Secretariat) Office of Legal Affairs in Vienna. She will explain (by video from Vienna) the background to the UNCITRAL Model Law on Cross-Border Insolvency. A panel will then address the four Case Studies on the attached document. The panel will comprise:

Professor Ros Mason, Queensland University of Technology
Mr Ian Walker, Minter Ellison, Melbourne
Mr Tony McGrath, McGrathNicol, Sydney

The seminar is open to all who have, or think they may develop, an interest in the subject. The seminar will run for about 1½ hours and will include time for questions and comment.

In order to allow for pre-reading by those proposing to attend, the attached document includes a short bibliography.

The seminar will be free of charge, but because accommodation is limited to the size of video-equipped courtrooms and for catering purposes, those wishing to attend should advise the local Registry as follows as soon as possible:

ACT Registry: susan.dowley@fedcourt.gov.au
NSW Registry: NSWUSERGROUPS@fedcourt.gov.au
NT Registry: liana.walker@fedcourt.gov.au
QLD Registry: graham.ramsey@fedcourt.gov.au
SA Registry: colleen.delaine@fedcourt.gov.au
TAS Registry: michael.mckenna@fedcourt.gov.au
VIC Registry: louise.kenworthy@fedcourt.gov.au
WA Registry: rene.crane@fedcourt.gov.au

Light refreshments will be served following the seminar.

Corporations Law Nation-wide Seminar including case studies [rtf]


31 October 2008: NSW District Registry - 'Corporations Matters – Revised Administrative Arrangements (NSW2008/5)'

The NSW District Registry of the Federal Court of Australia has issued the 'Notice to Practitioners - Corporations Matters (Revised Administrative Arrangements). This Notice outlines the procedures for proceedings under the Corporations Act 2001, the Australian Securities and Investment Commission Act 2001 and the Cross Border Insolvency Act 2008 in the New South Wales District Registry of the Federal Court of Australia.

Michael Wall
District Registrar
New South Wales Registry


Annual Report 2007-200823 October 2008: 2007 - 2008 Annual Report

The Court's Annual Report for 2007-08 was tabled in the House of Representatives on Thursday, 23 October 2008. 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.



15 October 2008: Review of Practice Note No 17 – Guidelines for the use of information technology in litigation in any civil matter

In 2007 the Federal Court commenced a comprehensive review of Practice Note No 17 with the assistance of a consultant, Ms Jo Sherman.

Following extensive consultations with litigants, legal practitioners and others, a draft Practice Note and related materials were finalised by Ms Sherman and referred to the Court's National Practice Committee in mid 2008.

These draft documents are now being reviewed by the Court in light of recent case management initiatives (including the legislative reforms in this area proposed by the federal Attorney-General) and further comments provided by litigants, legal practitioners and others with an interest in the use of technology in legal proceedings.

It is expected that a number of changes will be made to the documents, and that the final versions will be formally released in early 2009.

In the meantime, any comments or queries concerning the review of the practice note may be provided to:

Mr Philip Kellow
Deputy Registrar
Telephone: 02 9230 8336
Email: Philip.Kellow@fedcourt.gov.au

Philip Kellow
Deputy Registrar


14 October 2008: Federal Court (Corporations) Amendment Rules 2008 (No 2)

The Federal Court (Corporations) Amendment Rules 2008 (No 2) was registered on the Federal Register of Legislative Instruments on 14 October 2008. The Amendment Rules commence on 15 October 2008.

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 amendments to the Federal Court (Corporations) Rules 2000 consequential upon the enactment of the Cross-Border Insolvency Act 2008 (Cth). The Cross-Border Insolvency Act gives effect to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (the Model Law). The Model Law outlines a system of insolvency procedures to be used in cases where the insolvent party has assets in more than one country, or when there are foreign creditors present in a domestic insolvency proceeding.

These Amendment Rules amend the Federal Court (Corporations) Rules 2000 by:

1.  inserting a new Division 15A ‘Proceedings under the Cross-Border Insolvency Act’ which sets out the rules as to how particular applications under the Act are to be made and notified;

2.  inserting into Schedule 1 to the Federal Court (Corporations) Rules 2000 the following new forms:

  • Form 19 Consent to act as designated person
  • Form 20 Notice of filing of application for recognition of foreign proceeding
  • Form 21 Notice of making of order under the Cross-Border Insolvency Act 2008
  • Form 22 Notice of dismissal or withdrawal of application for recognition of foreign proceeding
  • Form 23 Notice of filing of application to modify or terminate an order for recognition or other relief

3. making consequential amendments to rules 1.3 and 1.5, and to forms 2 and 3.

If you have any queries, please contact me (02) 9230 8336.

Philip Kellow
Deputy Registrar


26 September 2008: Power outage, Law Courts Building

During the weekend of Friday 26 September from 7pm, Saturday 27 and Sunday 28 September 2008, the Law Courts Building will undergo an electrical shutdown. 

For urgent duty judge applications during this time please call Law Courts Security on 0415 486 482.


8 September 2008: Practice Notes issued by the Chief Justice

1. Revised Practice Note No 13 – Service of documents outside Australia

On 4 September 2008 the Chief Justice replaced Practice Note No 13 – Service of documents outside Australia with a new Practice Note No 13.

Practice Note No 13 has been revised to clarify the information that may be provided by the Attorney-General’s Department:

  • how documents may be transmitted to the relevant authorities in a particular country for the purpose of service; and
  • whether the laws of a particular country allow a document issued by an Australian court to be served by a private agent.

2. Practice Note No 28 – Investment Accounts under Order 63 rule 5 Federal Court Rules

On 2 September 2008 the Chief Justice issued a new Practice Note No 28 – Investment Accounts under Order 63 rule 5 Federal Court Rules.

The Practice Note sets out the type of investments that might be made by the Registrar in light of the Financial Management and Accountability Act 1997 (Cth) (the FMA Act). The Practice Note puts the parties on notice as to the types of investments they might seek when applying for an order under Order 63 rule 5 and refers to the FMA Act requirements concerning the title of investment accounts opened by the Registrar.

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Deputy Registrar


4 September 2008: NSW District Registry - 'Notice to Practitioners - Proceedings under the Patents Act 1990 (Cth) (NSW 2008/4)'

The NSW District Registry of the Federal Court of Australia has issued the 'Notice to  Practitioners - Proceedings under the Patents Act 1990 (Cth). This Notice outlines the procedures for proceedings under the Patents Act 1990 (Cth)  in the NSW District Registry, Federal Court of Australia. 

Michael Wall
District Registrar
New South Wales Registry


2 September 2008: Victorian District Registry - 'Notice to  Practitioners - Proceedings under the Patents Act 1990 (Cth)

The Victorian District Registry of the Federal Court of Australia has issued the 'Notice to  Practitioners - Proceedings under the Patents Act 1990 (Cth). This Notice outlines the procedures for proceedings under the Patents Act 1990 (Cth)  in the Victorian District Registry, Federal Court of Australia. 

Sia Lagos
District Registrar
Victorian Registry


29 August 2008: NSW Registry - early closure, Friday September 5 2008

To accommodate NSW Registry moving arrangements, the File inspections and Subpoena/Exhibits enquiry counter will close at 12:00pm on Friday 5 September.

File inspection operations will recommence as normal from Monday 8 September 2008.

From 8 September 2008 The Federal Court (NSW Registry) will be located on:

Level 17
Law Courts Building
Queens Square
SYDNEY NSW 2000

Please note that there will be no public access to level 16 from this date forward.

Registry Business Hours remain as normal 9:00am to 4:00pm.

We apologise for any inconvenience the early closure may cause.

Michael Wall
District Registrar


29 August 2008: The NSW Registry is moving

From 8 September 2008 The Federal Court (NSW Registry) will be moving to:

Level 17
Law Courts Building
Queens Square
SYDNEY NSW 2000

Please note that there will be no public access to level 16 from this date forward.
All telephone, email and DX contact details remain the same.

Michael Wall
District Registrar


21 August 2008: Electrical Shutdown - Law Courts Building, Sydney - August 23-24

During the weekend of Saturday 23 and Sunday 24 August 2008, the Law Courts Building will undergo a partial electrical shutdown 

For urgent duty judge applications prior to 12:00 noon Saturday please call Law Courts Security on 0415 486 482

For urgent duty applications after 12:00 noon please call Law Courts Security on 02 9230 8025. 


20 August 2008: Victorian District Registry - 'Notice to Appellants - Draft index of appeal papers'  - Amended

The Victorian District Registry of the Federal Court of Australia has amended the 'Notice to Appellants - Draft index of appeal papers'. This Notice outlines the practices that should be adopted whenever an appeal book or application book is to be prepared in the Victorian District Registry, Federal Court of Australia. 


1. No access to Law Courts Building, 9-10 August

2. Federal Court Website Unavailable, 9-10 August

1. Over the weekend of Saturday 9 and Sunday 10 August 2008, the Law Courts Building will undergo a complete electrical shutdown. There will be no physical access or PABX phone contact with the building from 7.00 pm on Friday 8 August 2008 to 5.00 am on Monday 11 August 2008.

During this time, any urgent duty matters will be conducted at 80 William Street and the after hours contact number (through Law Courts Security) is 0415 486 482.

2. The Federal Court website will also be unavailable for several hours from Friday, 8pm and again on Sunday afternoon, from approximately 2pm.


30 July 2008: Appointment of Justice French to the High Court

The Government has today announced the appointment of Justice French as Chief Justice of the High Court of Australia.

Read Attorney General's media release


17 June 2008: Media release: Commonwealth Courts Portal

The Attorney-General Robert McClelland launches the Commonwealth Courts Portal, a joint initiative of the Federal Court, Family Court and Federal Magistrates Court.

Read the media release


17 June 2008: Corporations law nation-wide seminar

On 2 April 2008 the Federal Court held a seminar in all of its Registries on 'Current Issues and Developments in Corporate Insolvency Law and Practice'. The seminar was held “live” in the Sydney Registry of the Court and relayed simultaneously to all other Registries of the Court by videoconference.


6 June 2008: Notice to practitioners and litigants issued by the Registrar – Accredited mediators in the Federal Court

On 4 June 2008 the Registrar of the Federal Court issued the Notice to Practitioners and Litigants issued by the Registrar – Accredited Mediators in the Federal Court.

The Federal Court adopted the Australian National Mediator Accreditation System on 28 January 2008 and is now a Recognised Mediator Accreditation Body. 

The Court has taken steps to ensure that its registrar mediators have the skills, knowledge and ethical understandings required for accreditation under the Australian Mediator Standards. As stated in the Notice, from 1 July 2008 the Court will, unless there are exceptional circumstances, use accredited registrar mediators when a matter has been referred to a registrar for mediation.

The Court’s adoption of the Accreditation System, and the use of accredited registrar mediators, continues its commitment to providing a high standard of mediation services to litigants.


6 June 2008: Notice to practitioners (VIC) – Ex parte applications in bankruptcy proceedings and applications for examination summonses under sections 596A & 596B Corporations Act 2001

The Victoria District Registry of the Federal Court has commenced a trial of using eCourtroom for the purpose of hearing certain ex parte applications in insolvency related matters. 

On 5 June 2008 the Victoria District Registry issued the Notice to Practitioners – Ex parte applications in bankruptcy proceedings and applications for examination summonses under sections 596A & 596B Corporations Act 2001. This Notice only applies to Practitioners in Victoria.


2 June 2008: Notice to practitioners and litigants issued by the Registrar – Returning documents or things produced in response to a subpoena

On 2 June 2008 the Registrar of the Federal Court issued the Notice to Practitioners and Litigants issued by the Registrar – Returning documents or things produced in response to a subpoena.

The Notice provides that, where a party to a proceeding tenders a document or thing produced in response to a subpoena as an exhibit or asks that the document or thing be marked for identification, the party or their legal representative must at that time provide to the Associate to the presiding Judge the name of the addressee who produced the document or thing.

The Notice will help facilitate the timely return of a document or thing produced in response to a subpoena to the person who was the subject of the subpoena.


30 May 2008: Increase in filing and other fees

The federal Attorney-General’s Department has recently advised that, pursuant to regulation 8 of the Federal Court of Australia Regulations 2004 and regulation 14 of the Federal Magistrates Court Regulations 2000, from 1 July 2008 the fees prescribed for the Federal Court and the Federal Magistrates Court will increase. The Attorney-General’s Department gazetted the new fees on 28 May 2008.

Details of the new fees are available on the fees section of this site. The Federal Magistrates Court will be posting its fee information at www.fmc.gov.au.


6 May 2008: Notice to practitioners/Practice direction

1. Notice to practitioners – Case management and the Individual Docket System

On 5 May 2008 the Chief Justice issued the Notice to Practitioners and Litigants issued by the Chief Justice –Case Management and the Individual Docket System.

The aim of the Notice is to provide a short, clear set of overarching purposes and principles to be kept in focus at all times by the Court, the profession and the parties.  

2. Practice direction: Guidelines for expert witnesses in proceedings in the Federal Court of Australia

On 5 May 2008 the Chief Justice replaced the Practice Direction: Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia issued on 6 June 2007 with a new Practice Direction.

The new Practice Direction addresses concerns that the previous version, expressly or impliedly, prevented a practitioner from using an expert to assist that practitioner to understand the field of expertise relevant to the issues in the proceeding and then calling that expert as a witness in the proceeding.  In particular, a new paragraph has been added at the end of the Explanatory Memorandum which makes clear that the Practice Direction is not intended to require the retention of more than one expert on the same subject matter.


21 April 2008: Notice to practitioners – Tax list directions

A minor error in the Notice to practitioners issued on 4 April 2008 has been corrected.


21 April 2008: Revised Practice Note No 19 – List of authorities and legislation proceedings generally

On 18 April 2008 the Chief Justice replaced Practice Note No 19 – List of Authorities and Legislation Proceedings Generally with a new Practice Note No 19.

Practice Note No 19 has been revised to deal with situations where the relevant legislation in a proceeding must be considered as at a particular point of time. Paragraph 6 of the new Practice Note includes a requirement that references to legislation must, where relevant, indicate the particular point of time the legislation is to be considered.  A new paragraph 8A states that the Court will only provide the current compilation of the legislation referred to in Part ‘A’ of the list mentioned in paragraph 7.  A party wishing to refer to legislation at a particular point of time must provide the Court with a copy of that legislation.

Philip Kellow
Deputy Registrar


21 April 2008: Notice to practioners (NT) - Order 62 costs

A new Notice to Practitioners (NT) - 'Order 62 costs (bills and estimates) (No. 2 of 2008)' was issued by the NT District Registar.

See the full list of Notice to practitioners (NT).


18 April 2008: Notice to practitioners (VIC) - Plant Breeder’s Rights Act 1994

The Victorian District Registry of the Federal Court of Australia has introduced a new docket allocation process for matters filed in respect of infringement of the Plant Breeder’s Rights Act 1994.

Matters that are filed in respect of infringement of the Plant Breeder’s Rights Act 1994 will be identified as an Intellectual Property matter for the purposes of docket allocation. The matter will be allocated to the docket of a Judge on the Intellectual Property panel and the matter be made returnable for first directions before that Judge.

The notice 'Plant Breeder’s Rights Act 1994' is available on the Court's website.


14 April 2008: Federal Court (Corporations) Amendment Rules 2008 (No 1)

The Federal Court (Corporations) Amendment Rules 2008 (No 1) was registered on the Federal Register of Legislative Instruments on 14 April 2008. The Amendment Rules commence on the day after they are registered.

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 (Corporations) Rules:

  1. amend Division 9 of the Corporations Rules to reflect the new provisions of the Act in relation to the determination and review of the remuneration of administrators, provisional liquidators, liquidators and special managers;
  2. insert a new Division 11A and Form 17A which prescribe the form of a warrant under subsection 486B(1) of the Corporations Act;
  3. amend the disclosure requirements in Form 8 (the prescribed form of consent of a liquidator);
  4. amend Schedule 2 to the Corporations Rules, which sets out the powers of the Court that a registrar may be directed to exercise, to reflect the changes to the Corporations Act and Division 9 of the Corporations Rules;
  5. amend a number of rules and forms to replace each reference to ‘Commission’ with a reference to ‘ASIC’ to reflect the terminology used in the Corporations Act;
  6. update cross-references to a number of provisions of the Corporations Act and Corporations Regulations.

If you have any queries, please contact me (02) 9230 8336.

Philip Kellow
Deputy Registrar


4 April 2008: Notice to Practitioners and Litigants (Taxation) issued by the Chief Justice – Tax List Directions

The Notice to Practitioners and Litigants (Taxation) issued by the Chief Justice – Tax List Directions was issued by the Chief Justice on 4 April 2008.

A copy of the Notice is available from the Court’s web site.

The Notice sets out revised arrangements for the management of tax cases in the Federal Court.  It deals with:

  • an improved approach to the national and regional management of tax cases;
  • the role of the Tax List Coordinating Judge in each region;
  • revised arrangements for the management of tax cases to promote the just and efficient determination of tax disputes in a timely manner.

If you have any queries, please contact me (02) 9230 8336.

Philip Kellow
Deputy Registrar


3 April 2008: Federal Court of Australia – Revocation of Practice Note No 20: Guidelines – Disclosure by Insolvency Practitioners of Fees to be Charged

On 2 April 2008 the Chief Justice revoked Practice Note No 20: Guidelines – Disclosure by Insolvency Practitioners of Fees to be Charged.  

Practice Note No 20 was issued on 18 December 2003. It set out the information to be disclosed by insolvency practitioners in relation to their remuneration as liquidators or provisional liquidators.  

The Corporations Amendment (Insolvency) Act 2007 (Cth) has Act amended various provisions of the Corporations Act 2001 (Cth), including those dealing with the disclosure, determination and review of the remuneration of administrators, provisional liquidators, liquidators and special managers.

The Practice Note is no longer considered to be necessary in light of the new and extensive disclosure provisions that have been inserted in the Corporations Act. 

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Deputy Registrar


28 March 2008: Joint Costs Advisory Committee, Legal Practitioners' Scale of Costs

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:

  • High Court Rules
  • Federal Court Rules
  • Family Law Rules
  • Federal Magistrates Court Rules

These scales are used to determine the amount payable where one party must pay the legal costs of another party to a proceeding.

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:

Mr Philip Kellow
Joint Costs Advisory Committee
c/- Federal Court
Level 22 Law Courts Building
Queens Square
SYDNEY  NSW  2000
Philip.Kellow@fedcourt.gov.au

Phone 02 9230 8336

The deadline for submissions is 6 June 2008.

Further information, including JCAC’s terms of reference, can be obtained from Mr Kellow.


14 March 2008: Federal Court (Bankruptcy) Amendment Rules 2008 (No 1)

The Federal Court (Bankruptcy) Amendment Rules 2008 (No 1) was registered on the Federal Register of Legislative Instruments on 12 March 2008. The Amendment Rules commence on 1 April 2008.

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 (Bankruptcy) Rules:

  1. amending paragraph 4.06(3)(b) by inserting a new paragraph (b) that requires the affidavit to include a statement that there were no details of a debt agreement on the day on which the search in the National Personal Insolvency Index was made;
  2. amending paragraph 4.07(b) by requiring, where a fax copy of the original affidavit has been filed, the original affidavit to be kept and produced as directed by the Court;
  3. amending rules 7.02, 7.03 and 7.06 to reduce the time for service of annulment applications and applications to review a Registrar’s decision to make a sequestration order;
  4. amending subrule 7.04(1) so as to leave to the Court the question of whether a trustee’s report is required;
  5. amending paragraph 7.04(4)(b) to reflect the fact that the trustee’s report must be provided prior to the date fixed at the first hearing for the ‘final’ hearing of the application;
  6. amending Forms 2 and 3 to insert a note referring to the requirement under subrule 2.01(3) and (4) respectively that the application must include a statement of the relevant section of the Bankruptcy Act or Bankruptcy Regulations under which the application is brought; and
  7. amending Form 6 by inserting a new note referring to the requirement under regulation 4.05(1) of the Bankruptcy Regulations that the creditor must give a copy of the petition to the Official Receiver within 3 working days after presentation.

If you have any queries, please contact me (02) 9230 8336.

Philip Kellow
Deputy Registrar
13 March 2008


7 March 2008: Marshal's Manual

The Federal Court has released a new version of the Marshal's Manual.

The manual is published on the 'Admiralty & maritime' section of the Court's website.


29 February 2008: Corporations Law Nation-wide Seminar

On Wednesday 2 April 2008 the Federal Court will hold a seminar in all of its Registries on Current Issues and Developments in Corporate Insolvency Law and Practice.

The seminar will be “live” in the Sydney Registry and will be relayed simultaneously to all other Registries of the Court.  All legal practitioners, especially those with a particular interest in corporate insolvency work, are invited to attend.

Time:  5.30 pm Sydney, Canberra, Melbourne, Hobart
  5.00 pm Adelaide
  4.30 pm Brisbane
  4.00 pm Darwin
  2.30 pm Perth
Speakers:

Mr Richard Fisher AM, formerly a partner at Blakes and member of the Harmer Committee, now General Counsel of the University of Sydney and Adjunct Professor in that University’s Graduate School of Government.

Mr Stephen Parbery of PPB, Chartered Accountants, a senior and very experienced insolvency practitioner.

Chair:

The Hon Justice R V Gyles AO

Opened by: The Hon MEJ Black AC, Chief Justice

The seminar will run for 1½ hours and will include time for questions and comment.

The issues to be addressed will include:

  • the 2007 amendments to the insolvency provisions of the Corporations Act 2001 (Cth)
  • cross border insolvency
  • the position of directors of large corporations as against small to medium sized corporations in relation to restructuring
  • the role of directors and advisers of corporations in distress, their potential liability, and their susceptibility to disciplinary action

Because accommodation is limited to the size of video-equipped courtrooms, those wishing to attend should advise the local Registry as follows as soon as possible.

NSW Registry contact: Peter Pholi
Email: peter.pholi@fedcourt.gov.au

ACT Registry contact: Elizabeth Coombe/Susan Dowley
Email: actman@fedcourt.gov.au

Victoria Registry contact: Andrea Jarratt
Email: Andrea.Jarratt@fedcourt.gov.au

Tasmania Registry contact: Michael McKenna
Email: Michael.McKenna@fedcourt.gov.au

South Australia Registry contact: Colleen de Laine
Email: colleen.delaine@fedcourt.gov.au

Queensland Registry contact: Dorothy White
Email: qldreg@fedcourt.gov.au

Northern Territory Registry contact: Liana Walker
Email: liana.walker@fedcourt.gov.au

Western Australia Registry contact: Cheryl Sachse
Email: cheryl.sachse@fedcourt.gov.au

Light refreshments will be served following the seminar.


26 February 2008: Intellectual Property Patent User Group Forum

A meeting between the Sydney Judges and Registrars with Barristers and Solicitors, who represent parties in patent matters in the Federal Court, will be held at 4.30 pm on Monday 10th March 2008 in Level 13 Conference Room, Law Courts Building, Queens Square, Sydney.

All barristers and solicitors who might be interested in attending are most welcome.  The main purpose of the meeting is to discuss the current approach to listing of and early dealing with patent cases in the Court.  If there are any specific issues or concerns which a legal practitioner would like to have discussed, please advise Peter Pholi when you RSVP by email peter.pholi@fedcourt.gov.au by 7 March 2008.

We would appreciate it if you would notify others who may be interested in attending.

Michael Wall
NSW District Registrar, Federal Court of Australia


20 February 2008: Practice Note No 27

On 18 February 2008 the Chief Justice issued a new Practice Note No 27 – Gross sum costs under Order 62 paragraph 4(2)(c) Federal Court Rules.

The Practice Note provides that an application for an order specifying a gross sum of costs under Order 62 paragraph 4(2)(c) should be accompanied by an affidavit setting out the amount of the gross sum and details of how it has been determined.

Philip Kellow
Deputy Registrar


14 February 2008: Notices to Practitioners (ACT)

A new Notice to Practitioners 'Administrative Arrangements (ACT 2008/01)' has been issued in ACT.

A full list of Notices for ACT can be found here.


7 February 2008: Notices to Practitioners (NSW)

The NSW Registry has issued 3 new 'Notices to Practitioners' in January:

A full list of Notices for NSW can be found here.


18 January 2008: Information Sheet

The Court issues a new information sheet 'What happens to material produced to the Court?', available on the Information for Litigants section of the website.


4 January 2007: Practice Note No 1 - Appeals to a Full Court

On 3 January 2008 the Chief Justice issued a new Practice Note No 1.

The Practice Note, which deals with appeals and other proceedings before the Full Court, has been revised in light of the changes to the rules concerning the preparation of appeal books.

The previous Practice Note No 1 issued on 14 August 2003 has been revoked.

A copy of the new Practice Note is available on the Federal Court’s web site at http://www.fedcourt.gov.au/.

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Acting Registrar


21 December 2007: Federal Court Amendment Rules 2007 (No 2)

The Federal Court Amendment Rules 2007 (No 2) will be registered on the Federal Register of Legislative Instruments on 3 January 2008. The Amendment Rules commence on 4 January 2008 (being the day after registration).

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:

  1. amending Order 14 rule 2 by inserting new subrules concerning the jurat where the deponent is blind and related issues;
  2. amending Orders 52 and 53 to implement a new procedure for preparing appeal books which is based on the concept of primary appeal papers and supplementary appeal papers;
  3. omitting Order 62 rule 14 concerning costs of interlocutory matters;
  4. amending Order 78 consequential upon recent changes to the Native Title Act 1993;
  5. amending Order 81 by replacing the reference to the supporting affidavit with a reference to the claim in accordance with form 167;
  6. replacing form 54 with one that refers to the requirements of Order 52 subrule 4 (3);
  7. amending item 43E in Schedule 2 so that it states ‘migration case’;
  8. amending Schedule 3 (which sets out the powers that may be exercised by a registrar) by inserting the powers mentioned in Order 4 subrule 12 (1), Order 33 subrule 14 (1) and Order 33 subrule 15 (1).

If you have any queries please contact (02) 9230 8336.

Philip Kellow
Deputy Registrar


14 December 2007: - NSW Registry: avoiding the building disruptions

During January 2008 there will be extensive building work and noise in the Law Courts Building in Queens Square which may affect the registry.  Any urgent court hearings are likely to be conducted in other buildings with the location to be advised and there may be delays when using lifts.

To avoid these building disruptions, practitioners are strongly encouraged to consider the fax filing or eFiling of Federal Court applications and documents instead of visiting the registry on level 16.

The fax filing number is (02) 9230 8295 for both Federal Court and Federal Magistrates Court (General Federal Matters only).  The Fax Filing page limit is 50 pages.  Please ensure you attach a credit card authority for documents which attract a filing fee.  A copy of the authority is located on our website.

Federal Court documents (only) can also be eFiled by accessing the Federal Court website.  The Efiling page limit is 100 pages.
 
Payments for both fax filing and eFiling can be made using Visa and MasterCard.

A reminder that parties can search for a matter, confirm a listing and obtain other information about filed matters by visiting eSearch on the website.

For more information and troubleshooting please call the Registry on (02) 9230 8567 and ask to speak to a Service Centre Officer.


13 December 2007: Harmonised Bankruptcy Rules Monitoring Committee - Recommendations

Read the recommended amendments to the Harmonised Bankruptcy Rules.


4 December 2007: Harmonised Bankruptcy Rules Monitoring Committee

A new committee has been established to monitor the operation of the Federal Court (Bankruptcy) Rules 2005 and the Federal Magistrates Court (Bankruptcy) Rules 2006.

Read further about the role of the Harmonised Bankruptcy Rules Monitoring Committee.


6 November 2007: New brochure

The Federal Court publishes a new brochure on the Powers of a Registrar.


Annual Report

 

18 October 2007: 2006 - 2007 Annual Report

The Court’s Annual Report for 2006-07 was tabled, out of session, on 18 October 2007. The report highlights another successful year for the Court.  It includes features such as summaries of interesting cases and an outline of the Court’s work in areas such as native title and activities with overseas courts, as well as information about the Court’s general operations.

The Court's annual report is now available on the website.


12 October 2007: Federal Court (Corporations) Amendment Rules 2007 (No 2)

The Federal Court (Corporations) Amendment Rules 2007 (No 2) will be registered on the Federal Register of Legislative Instruments on 15 October 2007. T he Amendment Rules commence on 16 October 2007 (being the day after registration).

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 (Corporations) Rules 2001:

  • insert references to a company’s ‘Australian Business Number’.
  • amend Schedule 2, which sets out the powers of the Court that a registrar may be directed to exercise in corporations matters, by inserting the power under subsection 601AH(3) of the Corporations Act 2001.

Philip Kellow
Deputy Registrar


26 September 2007: Listings of Bankruptcy Matters

A new Notices to practitioners has been issued by the NSW District Registrar. The notice, 'Listings of Bankruptcy Matters' is available on the Court's website.


10 September 2007: Fast Track List

It is universally accepted that commercial litigation is in urgent need of reform. The two most significant problems are the escalating costs of getting a case to trial and the time it takes to complete a case.

To address the issues of costs and delay the Federal Court has introduced a new ‘Fast Track List’. The List came into effect from 1 May 2007, in the Victorian District Registry of the Court as a pilot.


3 September 2007: Native Title (Federal Court) Amendment Regulations 2007 (No. 1)

The Native Title (Federal Court) Amendment Regulations 2007 (No. 1) have been issued with effect from 1 September 2007. These Regulations amend the Native Title (Federal Court) Regulations 1998 by updating the forms to be used for making applications to the Court for a determination of native title (Form 1) or compensation (Form 4).

Louise Anderson
Native Title Registrar


31 August 2007: Notices to Practitioners (NSW)

A new Notice to Practitioners has been issued in the NSW Registry. The notice, 'Bankruptcy Matters' is available on the Court's website.

This Notice replaces all previous Notices to Litigants and Practitioners on Bankruptcy Practice Sydney: namely, 'Unserved Creditors Petitions' (NSW 2001/3) and 'Advice of Adjournments to Party or Solicitor' (issued 14 February 2000)."

Michael Wall
District Registrar


15 August 2007: Notice of User Group Meetings on Conduct of Cargo Claims

The Admiralty and maritime Judges in the Federal Court and Federal Magistrates Court have given consideration to a draft note concerning the conduct of cargo claims. It is proposed to have User Group Meetings in various cities later this year.  The date for the Sydney Admiralty and maritime Users Group meeting (at which any practitioner or interested person is invited to attend) will be Wednesday 24 October 2007.

The draft note is designed to assist practitioners in bringing cargo claims to a resolution with the minimum of directions hearings and case management conferences.  It is designed to decrease costs.  In cases where early resolution through co-operative discussion is likely the draft note will not have any real impact.  The discussion of the note will take place at the contemplated User Group Meetings. 

The Hon. Justice James Allsop


10 August 2007: Table of Contents for Lengthy Affidavits

On 25 July 2007, the Federal Court Rules were amended to include a requirement thataffidavits exceeding 30 pages must have a table of contents.

This change to the Rules was implemented to facilitate navigating efficiently through a lengthy affidavit/annexure(s). 

The contents table requires a brief description of the documents comprising the affidavit and annexures.  For each annexure the number of the paragraph which first refers to the annexure must be stated along with the number of the page for the annexure.

The contents page does not require a list of the matters deposed in the affidavit or the matters contained in the annexures.


9 August 2007: Notices to Practitioners (VIC)

A new Notice to Practitioners 'Bankruptcy Lists on Tuesdays and Thursdays' has been issued in Victoria.

Please note: this notice only applies to Victorian matters.


24 July 2007: Federal Court Amendment Rules 2007 (No 1)

The Federal Court Amendment Rules 2007 (No 1) was registered on the Federal Register of Legislative Instruments on 24 July 2007. The Amendment Rules commence on 25 July 2007 (being the day after registration).

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:

  1. insert a new Order 20 and make consequential amendments to Order 10 rule 4, Order 54 rules 6 and 7 and Order 54B rules 5 and 6 – the new Order 20 addresses the concern about Order 20 rule 1A that was inserted in 2006 and clarifies the rules for summary disposal and stay of proceedings in light of section 31A of the Federal Court of Australia Act 1976;

  2. insert a new Order 46 rule 7AA and Schedule 3 which sets out the powers that a Registrar may exercise pursuant to a delegation under section 35A(1)(h) of the Federal Court of Australia Act – the amendment gives effect to the decision of the Judges’ Meeting that the power that may be exercised by a Registrar pursuant to a delegation under section 35A(1)(h) should be specifically enumerated in the Rules;

  3. replace Order 52 rule 10A to allow a judge determining an appeal from the Federal Magistrates Court to have the same powers as the Full Court in relation to revoking or amending grants of a leave to appeal;

  4. amend Order 53B so that a Notice of Appeal from a decision of the Superannuation Complaints Tribunal must be filed in the registry in the State or Territory in which the complainant resides;

  5. amend Order 62 rule 40B and insert new rules 40C and 40D to provide for a short form bill of costs in migration appeals and clarify that the rule does not limit a party’s right to make an application under Order 62 paragraph 4(2)(c) at a hearing for an immediate lump sum costs order;

  6. amend Form 20 to require a table of contents for any affidavit which is longer than 30 pages;

  7. amend Forms 55 and 55A to include a statement that orders as to costs can be given in the absence of a party;

  8. amend Form 57 by replacing the reference to an objection to the jurisdiction of this Court with an objection to competency of the application.

Philip Kellow
Deputy Registrar


17 July 2007: Seminar on Litigation Funding

The Corporations and Insolvency Panel of Judges in the Sydney Registry of the Federal Court will hold a seminar on Litigation Funding from 5.00pm to 7.00pm on Monday 13 August 2007 in the Federal Court Conference Room, Level 17 Law Courts Building, Queens Square Sydney.

Further information can be found here.

Michael Wall
District Registrar
NSW Registry


12 July 2007: Orders - Entry (NSW 2007/1)

A new Notice to Practitioners 'Orders - Entry' has been issued in the NSW Registry, commencing July 12 2007. 

Michael Wall
District Registrar
NSW Registry


14 June 2007: Notice to practitioners - Conduct of Native Title Proceedings in the Federal Court of Australia

On 13 June 2007 the Chief Justice issued a revised Notice to Practitioners in respect of the conduct of native title proceedings in the Federal Court of Australia.

The revised notice replaces the Notice to Practitioners - Allocation of Native Title cases - No. 1/99 issued by the Registrar on 9 April 1999.

Louise Anderson
National Native Title Registrar


8 June 2007: Practice Direction – Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia

On 6 June 2007 the Chief Justice issued a revised Practice Direction.

The revised version corrects a typographical error that appeared in paragraph 2.3 of the Practice Direction issued on 11 April 2007.

A copy of the Practice Direction is available on the Federal Court’s web site at http://www.fedcourt.gov.au/how/prac_direction.html.

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Deputy Registrar


28 May 2007: New Arrangements for Real-time Transcript Services

On 1 July 2007, new arrangements will come into effect for the provision of real-time transcript services to the Court and litigants.

From that date the provision of these services will be managed by the Court’s national court reporting contractor - Auscript Australasia Pty Ltd - and litigants wishing to use these services will be referred to the Court’s contractor to arrange.

The cost of both real-time transcript services and the management services provided by Auscript will be a cost to the litigants.

For enquiries regarding this change, please contact Bruce Finlay on 02 9230 8358.


23 May 2007: Notice to Practitioners

A new Notice to Practitioners 'Return of Subpoenas' has been issued in Victoria.


21 May 2007: New Videos

Two new videos have been produced to add to the Court's collection of educational and informative videos. The first, 'How a Case Travels Through the Federal Court', describes the progress of an application from filing to preparation for hearing, the actual hearing, and how the matter is concluded.

The second video, 'The Role of Judicial Officers', explains what judges do, the nature of judicial independence, the impact of their decisions, public confidence in the judiciary and what would happen if Australia did not have judicial independence at the heart of its democracy.


2 May 2007: Notices to Practioners (VIC)

'Directions for the Fast Track List'

Victoria Registry introduces directions for a "fast track list".

Read Notice to Practitioners: Directions for the Fast Track List


23 April 2007: Practice Direction

'Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia'

On 11 April 2007 the Chief Justice issued a revised Practice Direction.

The revised version aims to ensure that the Guidelines accommodate expert evidence which is ‘argumentative’ and which might be accepted as submissions rather than as evidence per se.

A copy of the Practice Direction is available on the Federal Court’s web site at http://www.fedcourt.gov.au/.

If you have any queries please contact me on (02) 9230 8336.

Philip Kellow
Deputy Registrar
23 April 2007


 

 

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