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Federal Court of Australia Practice News No. 1: May 2005
1. Federal Court (Corporations) Amendment Rules 2005 (No 1)
T he Federal Court (Corporations) Amendment Rules 2005 (No 1) will be registered on the Federal Register of Legislative Instruments on 25 May 2005. T he Amendment Rules commence on the day after registration.
A copy of the Amendment Rules will be available on the Internet from the ComLaw site.
The Amendment Rules make the following amendments to the Federal Court (Corporations) Rules 2000 :
• replace paragraph 2.2(1)(b) with a new paragraph 2.2(1)(b) the effect of the amendment is to insert the words , and whether final relief or interlocutory relief is claimed' after the words in any other case' in paragraph 2.2(1)(b).
• replace subrule 6.1(1) with a new subrule 6.1(1) the effect of the amendment is to omit the words by a company, creditor or contributory of the company, or the Commission' in subrule 6.1(1).
The amendment to paragraph 2.2(1)(b) is intended to put beyond doubt that an application in an existing Corporations Act proceeding should be made by an interlocutory process irrespective of the nature of the relief sought. This makes it clear, for example, that a cross-claim in such a proceeding would be made by filing an interlocutory process, even though the cross-claim seeks final relief.
The amendment to subrule 6.1(1) eliminates superfluous words of restriction and makes it clear that all applications for the appointment of a liquidator provisionally must be accompanied by a consent signed by the official liquidator whose appointment is sought.
If you have any queries please contact Philip Kellow, Deputy Registrar on (02) 9230 8336.
2. Protocol governing the use of technology including cameras and camera phones in Federal Court Facilities
The Court has introduced a policy in relation to audio and video recording and transmission, the use of cameras and the use of mobile camera phones to take photographs on Court premises.
3. Admiralty precedent orders text
As part of its new electronic case management system, the Court has developed a range of precedent orders. These include a set of orders for use in Admiralty proceedings.
An important objective in making these precedent orders available in an electronic form is to enable the legal profession to use the precedents to formulate draft orders the Court will be asked to make. An allied objective is to promote the creation of draft orders in an electronic form. Draft orders in this form can be provided to Court ( by, for example, email to a Judge's associate) either as proposed consent orders or competing forms of orders if there is a contest. If the precedent is used this way it will minimise repetitious data entry both by the legal profession and the Court.
The Federal Court does not contemplate that the precedent orders will be a static body of text. Over time, and with the assistance of the legal profession, the precedent orders can, where appropriate, be refined.
The precedent orders are in RTF which can be opened and saved as DOC format. An order which has been prepared in that format can be saved into Casetrack and printed as a hard copy. An order saved into Casetrack can be accessed electronically through the eSearch facility on the Court's home page.
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