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.
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.
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 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.
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
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 Act2001 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
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
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.
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:
setting out the Court’s expectations as to how technology should be used in the conduct of proceedings before the Court; and
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:
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
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.
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
19 December 2008: Notice to Practioners and Litigants issued by the Chief Justice
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)
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:
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:
