Federal Court Amendment (2026 Measures No. 1) Rules 2026

28 May 2026

The Federal Court Amendment (2026 Measures No. 1) Rules 2026 were registered today and come into effect on 11 June 2026.

These amendments aid in achieving the right to a fair and timely hearing in several ways. By way of overview, they:

• Regulate applications for leave to institute proceedings by litigants in person where there is a direction that an application is not filed without the Court’s leave.
• Make express provision for livestreaming of proceedings and replace the definition of “recording device” with “recording tool”.
• Alter the process relating to appeals other than in relation to those which were instituted before the commencement of the rules.
• Update the Rules to reflect the provisions of the Administrative Review Tribunal Act 2024 (Cth).
• Provide for an increase in the costs allowable for work done and services performed consistent with the recommendations of the 18th Report of the Joint Cost Advisory Committee, effectively increasing the costs recoverable by a successful party.

Schedule 1 contains amendments to the Federal Court Rules 2011 covering the following:

• Management of proceedings involving litigants in person;
• Livestreaming of Court proceedings;
• Appeals;
• The Administrative Review Tribunal; and
• Costs.

Management of proceedings

Rule 2.27A is inserted to regulate applications for leave to institute proceedings where the Court has directed, under paragraph 2.27(f), that an originating application or notice of appeal is not to be accepted for filing without the Court’s leave. Rule 2.27A prescribes the form of such an application and requires that it be made without notice to any other person and be accompanied by an affidavit explaining why leave should be granted. The affidavit must also list all current proceedings to which the applicant is a party, any applications refused in the preceding 12 months, and any applications made in the preceding 12 months that were required to not be accepted without the Court’s leave.

Division 5.3 is inserted with rule 5.25 empowering the Court, on its own motion, to order that any application for relief by a party to a proceeding be stayed for a specified period of up to six months where the party, or a person acting with the party’s authority, engages in abusive, threating, unduly repetitious or otherwise inappropriate communication or conduct towards another party, a Judge or officer of the Court, or a member of Court staff. During the period of the stay, rule 5.26 prohibits the stayed party from communicating with another party or the Court in relation to the proceedings, subject to limited exceptions for other proceedings under rule 5.27.

Rules 5.28 and 5.29 permit applications to vary a stay to allow a particular communication to be determined on the papers. Rule 5.30 further permits the Court, on its own motion, to permanently stay the conduct of any application for relief where a party engages in further inappropriate conduct after having been subject to a stay. Rule 5.31 permits the Court to make a further stay order following the expiry of the stay. Rule 5.32 clarifies that Division 5.3 does not limit the Court’ powers to punish for contempt of Court.

Livestreaming of Court proceedings

Division 6.3 is added to make express provision for livestreaming proceedings. Rule 6.21 confers a discretion on the Court to permit the livestreaming of any proceedings, or any part of a proceeding, and makes clear that, in exercising that discretion, the Court may have regard to any practice note concerning livestreaming. The definition of “recording device” has been replaced with a new definition of “recording tool” to take account of modern technology.

Appeals

The amendments alter the requirements for appeals from the Administrative Review Tribunal and appeals to the Full Court of the Federal Court of Australia in relation to the appeal book and other materials that must be filed.

The appeal book must now be divided into two parts, designated Part 1 and Part 2, and must contain only the material mentioned in the applicable division. This replaces the previous Part A, Part B and Part C under the former rules.

It is no longer necessary to obtain approval of the Registrar of the index or appeal book, but a Registrar’s assistance can be requested. The applicant must file the appeal book no later than 10 business days before the hearing of the appeal.

Each party to an appeal must file an outline of their submissions on the appeal, an updated outline of their submissions cross-referenced to the appeal book, a chronology of relevant events, an updated chronology of relevant events cross-referenced to the appeal book, a list of authorities, and any legislation to which they intend to refer.

An applicant must file the outline of submissions and chronology no later than 25 business days before the hearing, and a respondent must file no later than 20 business days before the hearing. An applicant filing documents in reply must do so no later than 15 business days before the hearing. The updated outline of submissions and updated chronology cross-referenced to the appeal book must be filed no later than five business days before the hearing. The list of authorities and legislation must be filed by an applicant no later than five business days before the hearing and by a respondent no later than four business days before the hearing.

Amendments relating to the Administrative Review Tribunal

The amendments update the Rules to reflect the provisions of the Administrative Review Act 2024 (Cth).

Amendments relating to costs

The amendments increase the monetary amounts specified in Schedule 3 of the Rules.