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Federal Court of Australia Practice News No. 3: August 2005
Dates for Full Court sittings in 2006
Subject to there being sufficient business, sittings of a Full Court of the Federal Court of Australia during 2006 will be held in all capital cities within the periods indicated below:
Any urgent matter may be transferred to a place of sitting other than that at which the matter was heard at first instance.
If the circumstances require it a Full Court may sit to hear appeals on dates other than those listed.
Federal Court Amendment Rules 2005 (No 1)
The Federal Court Amendment Rules 2005 (No 1) were registered on the Federal Register of Legislative Instruments on 8 August 2005 and commenced on 9 August.
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:
• support a new system for processing documents lodged with the Court through its electronic filing system;
• make it clear that any application made to the Court in its appellate jurisdiction which may be heard and determined by a single Judge will be heard and determined by a single Judge unless the Chief Justice directs otherwise or the application is made in a proceeding that has already been assigned to a Full Court;
• provide that, if leave to appeal has been granted, the Full Court hearing the appeal may revoke the leave to appeal (wholly or in part), impose conditions on the leave to appeal or vary any conditions of the leave to appeal;
• provide that a respondent to an appeal under section 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (‘AAT Act') must file any cross-appeal within the time limits prescribed by subsection 44 (2A) of the AAT Act;
• exempt proceedings under the Admiralty Act 1988 (Cth) from the operation of Order 62 rule 36A, which provides for the reduction in the amount of costs (including disbursements) that might be recovered in certain proceedings;
• provide that the time for making an objection to an estimate pursuant to Order 62 paragraph 46 (3) (c), or for refusing a provisionally taxed bill and requiring a full taxation pursuant to Order 62 paragraph 46 (4) (c), will be 21 days from the date on which the notice of the estimate or the photocopy of the provisionally taxed bill (as the case may be) is issued by the taxing officer;
• provide that a taxing officer has power to make a costs order against a party in respect of a part or all of the taxation process notwithstanding that the party is successful in obtaining a variation of at least 15% of the estimate of taxed costs or of the amount provisionally taxed in that party's favour;
• provide that, where a party has filed a notice of objection to a costs estimate and withdraws the objection before the taxation or provisional taxation is finalised, the amount of the estimate is the amount for which a certificate of taxation may issue and the party who filed the notice of objection shall bear the costs of taxation of all parties from the date of service of the notice of objection to the date of notification of the withdrawal;
• replace Orders 69 and 69A and the associated forms with new Orders 69 and 69A and forms to more accurately reflect the legislative regime for Trans-Tasman proceedings under Part IIIA of the Federal Court of Australia Act 1976 (Cth) and the Evidence and Procedure (New Zealand) Act 1994 (Cth);
• amend the amount of costs prescribed by item 24 of Schedule 2 to the Rules.
Philip Kellow
Deputy Registrar
5 August 2005
Notice to Practitioners
'Conduct of Admiralty and Maritime work in the Federal Court of Australia - Notice to Practitioners in all states and registries'
Notice to Practitioners by the Chief Justice. 5 August 2005
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