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.
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
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.
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.
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: 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
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.
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:
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;
insert a new Division 11A and Form 17A which prescribe the form of a warrant under subsection 486B(1) of the Corporations Act;
amend the disclosure requirements in Form 8 (the prescribed form of consent of a liquidator);
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;
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;
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
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:
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;
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;
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;
amending subrule 7.04(1) so as to leave to the Court the question of whether a trustee’s report is required;
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;
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
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.
Light refreshments will be served following the seminar.
26 February 2008: Intellectual PropertyPatent 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
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.
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:
amending Order 14 rule 2 by inserting new subrules concerning the jurat where the deponent is blind and related issues;
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;
omitting Order 62 rule 14 concerning costs of interlocutory matters;
amending Order 78 consequential upon recent changes to the Native Title Act 1993;
amending Order 81 by replacing the reference to the supporting affidavit with a reference to the claim in accordance with form 167;
replacing form 54 with one that refers to the requirements of Order 52 subrule 4 (3);
amending item 43E in Schedule 2 so that it states ‘migration case’;
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 thefax 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 eFiledby 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
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.
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)."
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.
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:
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;
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;
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;
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;
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;
amend Form 20 to require a table of contents for any affidavit which is longer than 30 pages;
amend Forms 55 and 55A to include a statement that orders as to costs can be given in the absence of a party;
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.
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.
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".
'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
2 April 2007: Federal Court (Corporations) Amendment Rules 2007 (No 1)
The Federal Court (Corporations) Amendment Rules 2007 (No 1)will be registered on the Federal Register of Legislative Instruments on 2 April 2007. The Amendment Rules commence on 3 April 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:
amend rules 2.2 and 2.7 and form 3 to remove the reference to ‘interlocutory application’ – this change is consequential upon amendments made in 2005 which allow an interlocutory process to be used for claims of final relief or interlocutory relief in an existing proceeding;
amend rule 2.4A so that in applications to set aside a statutory demand the search of the records of ASIC must be carried out no later than the day before the hearing of the application;
amend rule 7.10 to replace the reference to ‘Law’ with a reference to ‘Act’;
insert a new rule 12.1B to deal with notification to the Court where a proceeding falling within the definition of court proceedings in relation to a takeover bid or proposed takeover bid in s 659B(4) of the Corporations Act is commenced before the end of period of a takeover bid.
The Amendment Rules give effect to the recommendations of the Council of Chief Justices’ Harmonised Corporations Rules Monitoring Committee
If you have any queries please contact (02) 9230 8336.
Philip Kellow
Deputy Registrar
30 March 2007
28 February 2007:General Federal law filings in Family Law Courts’ Registries
From 1 March 2007, Family Law Courts’ registries in Dandenong, Parramatta, Newcastle and Townsville will, as part of a trial, receive general federal law documents, for the Federal Court and Federal Magistrates Court.
In essence, clients will be able to hand documents to client service officers in the above registries, who will then arrange for these documents to be sent to the nearest Federal Court registry for processing and filing.
The trial is aimed at enhancing the services provided to litigants and practitioners, and the Federal Court is working together with the Family Law Court and the Federal Magistrates Court on this project.
The additional service introduced under this trial, uses existing court infrastructure to broaden the range of filing options available to federal law clients, and complements the current fax filing and efiling facilities available to them.
21 December 2006: Federal Court Amendment Rules 2006 (No 3)
The Federal Court Amendment Rules 2006 (No 2) was registered on the Federal Register of Legislative Instruments on 21 December 2006. T he Amendment Rules commence on 22 December 2006 (being the day after registration).
A copy of the Amendment Rules is 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 to increase the limit on the number of pages that may be sent via electronic communication;
inserting a new Order 20 rule 1A to provide that Order 20 does not apply in relation to proceedings commenced on or after 1 December 2005 – this is consequential upon the insertion of section 31A in the Federal Court of Australia Act 1976;
amend Order 27 and Form 41 in relation to the time in which a subpoena must be served and the disposal of documents or other materials produced to the Court pursuant to a subpoena;
update Order 48 and Form 5A to reflect the renumbering of provisions of the Workplace Relations Act 1996 as a result of the Workplace Relations Amendment (Work Choices) Act 2005;
insert new rules in Order 52 to facilitate the determination of certain matters without an oral hearing in accordance with section 25 of the Federal Court of Australia Act;
clarify the provisions in Order 52 dealing with the document to be provided to the Court on the hearing of an appeal;
amend Form 15 to more clearly provide for cases where a party appears by a tutor;
amend Form 54A and Form 55 to reflect the provisions in the Federal Court of Australia Act dealing with appeals to the Court.
If you have any queries please contact (02) 9230 8336.
Philip Kellow
Deputy Registrar
21 December 2006
13 November 2006: Federal Court Legal Level 2 - NSW Registry
The Court will not be proceeding with selections for the positions advertised in the Australian Financial Review on 10 November 2006.
The Court apologises for any inconvenience to prospective applicants. Please do not apply at this stage - there will be a further press and Commonwealth Gazette advertisement if the Court decides to proceed with selections for these or similar roles at a later date.
Charles White
Director, Human Resources
27 September 2006:Increase in filing and other fees under the Federal Court of Australia Regulations 2004
The Federal Court of Australia Regulations 2004 have been amended to give effect to the Government's Budget announcement that the fees for the Federal Court are to be increased by 15% (based on the fees as at 1 July 2006) from 1 October 2006.
19 September 2006: Federal Court (Bankruptcy) Amendment Rules 2006 (No 1)
The Federal Court (Bankruptcy) Amendment Rules 2006 (No 1) will shortly be registered on the Federal Register of Legislative Instruments. T he Amendment Rules commence on 8 October 2006.
A copy of the Amendment Rules will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au/ .
The Amendment Rules will amend the Federal Court (Bankruptcy) Rules 2005 by:
replacing Form 3, which is the prescribed form for an interim application in a proceeding under the Bankruptcy Act 1968, with a new Form 3 – the effect of the amendment is to alter the signature block ;
replacing Form 17, which is the prescribed form for an apprehension warrant, with a new Form 17 – the effect of the amendment is to insert the words “to the Court [address] or a registry of the Court that is convenient” at the end of the fourth paragraph, and to replace the reference in the fifth paragraph to “a [place]” with the phrase “a convenient place”.
Similar amendments will be made by the Federal Magistrates Court to the Federal Magistrates Court (Bankruptcy) Rules 2006.
If you have any queries please contact (02) 9230 8336.
Philip Kellow
Deputy Registrar
28 August 2006: Positions Vacant
The Melbourne Registry of the Federal Court is seeking a Deputy Appeals Registrar to assist the National Appeals Registrar in providing high level support and assistance to the Chief Justice of the Federal Court in relation to the management of the appellate workload of the Court
24 August 2006: Positions Vacant
The Queensland Registry of the Federal Court of Australia is seeking to appoint a Registry Officer to perform a variety of administrative support roles in client service, records and court support functions. The duties are varied and staff appointed will be expected to be willing to perform a range of functions.
23 August 2006: Positions Vacant
The Victoria Registry is seeking a Finance Officer to undertake finance and personnel tasks and a Migration Research Assistant to undertake high level legal research and information management. Applications close 24 August, 2006.
9 August 2006: Practice Note No 19 – List of Authorities and Legislation, Proceedings Generally
The Chief Justice has revoked the Practice Note No 19 issued on 14 August 2003 and issued a new Practice Note No 19.
Practice Note No 19 deals with the provision of lists of authorities and legislation to the Court and other parties. It applies in respect to any final hearing in a proceeding or appeal, and may apply in respect of the hearing of an interlocutory matter if the Court or a Judge so orders.
The new Practice Note includes:
a reference to cases reported in accordance with medium neutral citation; and
a new paragraph 11 dealing with references to an electronic version of a judgment published in an authorised report.
If you have any queries please contact me on (02) 9230 8336.
Philip Kellow
Deputy Registrar
9 August 2006
3 August 2006: Positions Vacant
The Victoria Registry is seeking a Finance Officer to undertake finance and personnel tasks and a Migration Research Assistant to undertake high level legal research and information management. Applications close 24 August, 2006.
27 July 2006: Federal Court Amendment Rules 2006 (No 2)
The Federal Court Amendment Rules 2006 (No 2) will be registered on the Federal Register of Legislative Instruments on 31 July 2006. T he Amendment Rules commence on 1 August 2006 (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:
The Amendment Rules will:
1. amend the definition of ‘document exchange box’ in Order 1 rule 4 to remove the need for the Registrar to approve such a facility;
2. omit the definition of ‘convention’ in Order 1 rule 4 as it is no longer necessary given the changes to Order 8 and form 38;
3. amend Order 1 rule 5AC to require that documents in a proceeding that are to be lodged electronically must be sent to the registry that is the proper place for the proceeding;
4. replace Order 8 with a new Order 8 Service outside Australia that is consistent wit the current legal and administrative arrangements for overseas service (with consequential changes to forms 14A and 14B and the omission of form 14C);
5. amend Order 33 rule 11 to make it clear that the rule only applies to the production of documents or the giving of testimony on a trial or hearing or other occasion on which evidence is being adduced. ;
6. amend Order 46 rule 7A to provide that a Registrar may refuse to accept or issue a document if it appears to the Registrar on its face to be an abuse of proces or frivolous or vexatious, and that a Registrar may seek a direction of a Judge in relation to any document irrespective of whether the document appears on its face to be an abuse of process etc;
7. amend Order 51 rule 2 (which deals with section 78B notices) to include a reference to the Australian Capital Territory;
8. amend Order 52 rule 2AA to make it clear that a Judge may order that an application mentioned in subsection 25 (2) of the Act is to be heard and determined by a Full Court;
9. amend Order 52B to reflect recent amendments to the taxation advice and rulings provisions of the Taxation Administration Act 1953 (Cth);
10. amend Order 53 and form 55A in light of the recent amendments to section 44 of the AAT Act that allow the Court to make findings of fact in certain circumstances in appeals from the AAT;
11. amend Order 80 to provide that:
Order 80 applies only in relation to a proceeding before the Federal Court;
unless the Judge making a referral otherwise directs, a Referral Certificate ceases to have effect:
if no legal practitioner accepts the referral within 28 days of the issue of the Referral Certificate; once a legal practitioner who accepts the referral has provided the legal assistance mentioned in the referral;
once a legal practitioner who accepts the referral has ceased to provide legal assistance pursuant to rule 7;
if the proceeding to which the referral relates is finalised or transferred to another court;
the Registrar may seek further directions from a Judge in relation to the referral.
12. replace forms 37 to 39 to correct some minor errors;
13. amend Schedule 2 by increasing each item by 6 per cent.
The Registrar of the Court has also issued a new National Guide to Counsel Fees, a copy of which is on the Federal Court web site.
If you have any queries please contact (02) 9230 8336.
Philip Kellow
Deputy Registrar
27 July 2006
24 July 2006: Judges biographies
Brief biographies are now available for some judges of the Court.
On 5 July 2006 the Chief Justice issued Practice Note No 25. The Practice Note deals with the title of proceedings for relief under section 39B of the Judiciary Act 1903 against the Australian Industrial Relations Commission.
5 July 2006: Federal Court winner of top 10 court websites award
Justice Served reviewed over 3500 sites and selected the Federal Court of Australia in its list of top 10 court websites for 2006.
Reviewers' Comments:
This three-time winner also grabbed honors in 2002 and 2004, yet it keeps improving with age. Services include e-filing, online calendars, enhanced e-search of records, audio & video of judgments summaries and a court calendar email subscription. An innovative feature that is unmatched in other court websites is the "E-court Forum" that allows interactive access to court orders and directives. The choice of language offerings is particularly impressive.
4 July 2006: Positions Vacant
A challenging opportunity exists for a dynamic and innovative person to perform the role of Network/Operations Manager within the Technology Services Section of the Principal Registry. Applications closed 10 July, 2006.
