Federal Court of Australia

Federal Court of Australia Practice News No. 6: 30 November 2005

Federal Court Amendment Rules 2005 (No 2)

The Federal Court Amendment Rules 2005 (No 2) will be registered on the Federal Register of Legislative Instruments on 30 November 2005. The 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:

amend Order 46 rule 7B to streamline the processes for asking a Registrar to refer a matter to a Judge and for seeking a review of a Registrar’s decision, with amendments to forms 47 and 152 to include a note referring parties to the new rule;
amend Order 52 to omit subrule 28(4) and to prescribe a time in which a notice of contention under rule 22 must be filed;
amend Order 52B rule 5 to address certain concerns about the documents to be filed and served by the Commissioner for Taxation in matters under private rulings;
amend various rules and forms to prescribe the form of certificate to be used by parties and lawyers for the purpose of complying with sections 486D and 486I of the Migration Act 1958 (Cth);
amend Order 53 to omit subrule 16(4);
amend Order 63 subparagraph 4(1)(a)(ii) to reflect an earlier amendment to Order 62 rule 46;
amend Order 70 and related forms to reflect the changes to the Aboriginal and Torres Strait Islander Act 2005 (Cth);
amend Order 78 to provide for a new rule 41AA dealing with short titles for certain proceedings under the Native Title Act 1993 (Cth);
amend various rules and forms to reflect the Federal Court of Australia Regulations 2004.

Practice Note No 22

The Chief Justice has issued Practice Note No 22 – Appeals against Appealable Objection Decisions made under the Taxation Administration Act 1953 which is intended to provide guidance as to what the Court expects of practitioners at the first directions hearing in appeals against appealable objection decisions. The Practice Note commences on 1 December 2005.

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

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

Philip Kellow
Deputy Registrar

29 November 2005

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