Federal Court Amendment (Court Administration and Other Measures) Rules 2019

The Federal Court Amendment (Court Administration and Other Measures) Rules 2019 came into effect on 2 May 2019.

These amendment rules:

  • update, in Schedule 1, references to the titles of the Chief Executive Officer and Principal Registrar as well as other Court Registrars consequential to changes in the titles of these offices made by the Courts Administration Legislation Act 2016;

  • contain, in Schedule 2, changes flowing from the implementation of the Federal Court's National Court Framework:
    Rules 8.05 and 8.06 are replaced. New rule 8.05 provides that:
      • an originating application seeking relief that includes damages must be accompanied by:
        an alternative accompanying document if a Practice Note requires this;
        either a statement of claim or an alternative accompanying document process if a Practice Note permits that an alternative accompanying document may be used; or
        otherwise, a statement of claim;
      • an originating application which does not include damages must be accompanied by:
        an alternative pleading process if a Practice Note requires this;
        a statement of claim, an affidavit or an alternative pleading process if a Practice Note permits that an alternative pleading process may be used; or
        otherwise, a statement of claim or an affidavit;
      • a statement of claim must be in Form 17;
      • an affidavit in support of an originating application must state the material facts relied upon necessary to give the respondent fair notice of the case to be made against the respondent at trial; and
      • it is subject to other rules of the Court;

    new rule 8.06 requires (consistent with the Federal Court's Practice Notes) that service be effected as soon as practicable and (consistent with existing rule 8.06) that this must be at least 5 days before the return date of the application;

    the definition of "pleadings" in the Dictionary to the Federal Court Rules is expanded to include an alternative accompanying document under new rule 8.05 (see above);

    Division 16.1 (which deals generally with requirements for pleadings) is amended to make it clear that this Division applies to an alternative accompanying document only in a modified form. First, this is to require that any such document is to include a statement of the name of the person who prepared it and, if that person is a lawyer, a signed certificate that any factual and legal material available to that lawyer provides a proper basis for the matters set out in the document. Second, that any such document must not contain any scandalous, frivolous or vexations material, be evasive or ambiguous, cause prejudice, embarrassment or delay, fail to disclose a reasonable cause of action or otherwise be an abuse of process;

    Division 16.4 (which deals with particulars) is amended to make it clear that it will not apply at all to an alternative accompanying document;

    Division 16.2 (which deals with the striking out of pleadings) is not modified, with the result that it will apply to an alternative accompanying document; and

    otherwise, Schedule 2 includes consequential amendments to extend the meaning of "accompanying statement of claim or affidavit" and similar references to include alternative accompanying documents as appropriate;

  • contain, in Schedule 3, changes to:
    update a reference to the Federal Court and Federal Circuit Court Regulation 2012;
    update references to the Registrar of the Administrative Appeals Tribunal;
    amend rule 8.07 to clarify the appropriate practice for changing the return date of an application which has been filed electronically;
    amend rule 15.17 to include a requirement for the amendment of a notice of cross-claim which has been filed electronically, equivalent to those for an originating application which has been similarly filed;
    amend Division 33.3 consequential to legislative changes made to replace the Superannuation Complaints Tribunal with the Australian Financial Complaints Authority;
    amend rules 34.03, 34.04 and 34.05 consequential to the renumbering of various sections of the Fair Work Act 2009 referred to in those rules;
    amend rule 36.03 to extend the time for filing and serving a notice of appeal to 28 days;
    correct and clarify the operation of rules 40.43 and 40.44 in regard to short form bills of cost in migration appeals; and
    increase the rates of costs in Schedule 3 for work done and services provided by lawyers to give effect to outstanding recommendations of the Joint Costs Advisory Committee.


Scott Tredwell
Acting Deputy Principal Registrar
2 May 2018