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FEDERAL COURT RULES - List of Regulations
Regulation
Compilation Information
Contents
FEDERAL COURT RULES
Order 1 Preliminary
1.
RULE 1 Short title [ see Note 1] 1.
RULE 2 Commencement 1.
RULE 3 Repeal 1.
RULE 4 Interpretation 1.
RULE 4A Exercise of Court's power 1.
RULE 5 Order on terms 1.
RULE 5A Filing and lodging documents 1.
RULE 5AB Filing and lodging by facsimile transmission 1.
RULE 5AC Filing and lodging by electronic communication 1.
RULE 6 Serial number 1.
RULE 7 Forms 1.
RULE 8 Relief from rules 1.
RULE 9 Proceedings wanting or in doubt
FEDERAL COURT RULES
Order 2 Sittings and vacation
2.
RULE 1 Sittings
FEDERAL COURT RULES
Order 3 Time
3.
RULE 1 Month 3.
RULE 2 Reckoning 3.
RULE 3 Extension and abridgment 3.
RULE 4 Fixing times 3.
RULE 6 Registry hours
FEDERAL COURT RULES
Order 4 Commencement of proceedings
4.
RULE 1 Commencement by application — Form 5 4.
RULE 2 Parties 4.
RULE 3 Relief claimed 4.
RULE 4 Name, address etc 4.
RULE 5 Notice to appear 4.
RULE 6 Affidavit or statement of claim — Form 7 4.
RULE 7 Filing and copies 4.
RULE 8 Date for directions hearing 4.
RULE 9 Claim for interlocutory relief 4.
RULE 10 Endorsement of date 4.
RULE 11 Time for service 4.
RULE 12 Alteration of date 4.
RULE 13 Alteration of date where service less than 5 days before hearing 4.
RULE 14 Suit in person 4.
RULE 15 Application for the issue of a summons (Corporations Act s 596A, s 596B)
FEDERAL COURT RULES
Order 5 Cross-claims and third party claims
5.
RULE 1 Claim by respondent 5.
RULE 2 Cross-claim 5.
RULE 3 Title 5.
RULE 4 Rules applicable where statement of claim 5.
RULE 5 Pleading — Forms 8, 9, 10 5.
RULE 6 Service of prior pleadings — Form 11 5.
RULE 7 Rules applicable where affidavit 5.
RULE 8 Cross-claims by leave 5.
RULE 9 Cross-claim after directions hearing 5.
RULE 10 Service 5.
RULE 11 Conduct of proceeding generally 5.
RULE 12 Directions 5.
RULE 15 Separate prosecution 5.
RULE 16 Contribution or indemnity 5.
RULE 17 Offer of contribution
FEDERAL COURT RULES
Order 6 Parties, causes of action and interveners
6.
RULE 1 Multiple claims 6.
RULE 2 Joinder of parties generally 6.
RULE 3 Joint right 6.
RULE 4 Leave under rule 2 and subrule 3 (2) 6.
RULE 5 Common liability 6.
RULE 6 Inconvenient joinder 6.
RULE 7 Misjoinder and non-joinder of parties 6.
RULE 8 Addition of parties 6.
RULE 9 Removal of parties 6.
RULE 10 Death, transmission etc 6.
RULE 11 Further conduct of proceedings 6.
RULE 12 Failure to proceed after death of party 6.
RULE 13 Representation: concurrent interests 6.
RULE 14 Representation of beneficiaries by trustees 6.
RULE 15 Deceased person 6.
RULE 16 Conduct 6.
RULE 17 Interveners
FEDERAL COURT RULES
Order 7 Service
7.
RULE 1 Originating process 7.
RULE 2 Personal service: how effected 7.
RULE 3 Mode of service 7.
RULE 4 Ordinary service: how effected 7.
RULE 4A Service on principal solicitor 7.
RULE 5 Identity 7.
RULE 6 Address for service 7.
RULE 7 Document exchange, facsimile number or email address — Form 12 7.
RULE 8 Acceptance by solicitor 7.
RULE 9 Substituted service 7.
RULE 10 Informal service: confirmation 7.
RULE 11 Service by filing 7.
RULE 12 Notice etc by the Court 7.
RULE 13 Injunction: service 7.
RULE 14 Service under contract
FEDERAL COURT RULES
Order 8 Service outside the jurisdiction
FEDERAL COURT RULES
Division 1 General
8.
RULE 1A Application and interpretation 8.
RULE 1 Cases for service of originating process 8.
RULE 2 Leave to serve outside jurisdiction 8.
RULE 3 Other documents 8.
RULE 4 Rules as to service generally 8.
RULE 5 Mode of service
FEDERAL COURT RULES
Division 2 Service in convention countries
8.
RULE 6 Application 8.
RULE 7 Requisite documents 8.
RULE 8 Translation 8.
RULE 9 Request and undertaking 8.
RULE 10 Procedure on filing and lodgment 8.
RULE 11 Evidence of service 8.
RULE 12 Order for payment of expenses
FEDERAL COURT RULES
Division 3 Service in non-convention countries
8.
RULE 13 Application of Division 8.
RULE 14 Required documents 8.
RULE 15 Proof of service 8.
RULE 16 Substituted service
FEDERAL COURT RULES
Order 9 Appearance
9.
RULE 1 Appearance by solicitor or in person 9.
RULE 2 Time for appearance 9.
RULE 3 Mode of entry 9.
RULE 4 Notice of appearance 9.
RULE 5 Service of appearance 9.
RULE 6 Conditional appearance 9.
RULE 7 Setting aside originating process etc
FEDERAL COURT RULES
Order 10 Directions hearing
10.
RULE 1 Directions hearing — general 10.
RULE 2 Fixing of date 10.
RULE 3 Determination of proceeding 10.
RULE 4 Summary disposal 10.
RULE 5 Interlocutory orders 10.
RULE 6 Motion on notice 10.
RULE 9 Use of recording device or communication device in place where hearing taking place
FEDERAL COURT RULES
Order 10A Cross-vesting
10A.
RULE 1 Interpretation 10A.
RULE 2 Application of order 10A.
RULE 3 Application under the Act 10A.
RULE 4 Applications for transfer of proceedings 10A.
RULE 5 Proceedings in which jurisdiction under cross-vesting laws is or may be invoked 10A.
RULE 6 Proceedings transferred under cross-vesting laws 10A.
RULE 7 Conduct of proceedings
FEDERAL COURT RULES
Order 11 Pleadings
FEDERAL COURT RULES
Division 1 General
11.
RULE 1 Paragraphs — Form 7 11.
RULE 1A Pleading to include name of person who prepared it 11.
RULE 1B Pleading prepared by legal representative 11.
RULE 2 Facts not evidence 11.
RULE 3 Brevity 11.
RULE 4 Documents and spoken words 11.
RULE 5 Presumed facts 11.
RULE 6 Conditions precedent 11.
RULE 7 New fact or matter 11.
RULE 8 Departure 11.
RULE 9 Points of law 11.
RULE 10 Matters for specific pleading 11.
RULE 11 Tender 11.
RULE 12 Set-off 11.
RULE 13 Admissions and traverse 11.
RULE 14 Joinder of issue 11.
RULE 15 Close of pleadings 11.
RULE 16 Embarrassment etc 11.
RULE 17 General issue 11.
RULE 18 Denial to be substantial answer
FEDERAL COURT RULES
Division 2 Progress of pleadings
11.
RULE 19 Times for filing and service of pleadings 11.
RULE 20 Defence — Form 16 11.
RULE 21 Defence to cross-claim 11.
RULE 22 Reply — Forms 17 and 18
FEDERAL COURT RULES
Order 12 Particulars
12.
RULE 1 General 12.
RULE 2 Fraud etc 12.
RULE 3 Conditions of mind 12.
RULE 4 Damages 12.
RULE 5 Order for particulars
FEDERAL COURT RULES
Order 13 Amendment
13.
RULE 1 Application of Order 13.
RULE 2 General 13.
RULE 3 Amendment of pleading without leave 13.
RULE 3A Date when amendment takes effect 13.
RULE 4 Consequential amendment of defence or reply 13.
RULE 5 Disallowance of amendment 13.
RULE 6 Duration of leave 13.
RULE 7 Mode of amendment — directions 13.
RULE 8 Mode of amendment — simple amendment — Form 19 13.
RULE 9 Mode of amendment — fresh document 13.
RULE 10 Service after amendment
FEDERAL COURT RULES
Order 14 Affidavits
14.
RULE 1 Time for swearing 14.
RULE 2 Form of affidavit — Form 20 14.
RULE 3 Alteration 14.
RULE 4 Exhibits and annexures 14.
RULE 5 Irregularity 14.
RULE 5A Certificate of compliance — Form 20A 14.
RULE 6 Use of affidavit 14.
RULE 7 Service 14.
RULE 8 Scandal etc 14.
RULE 9 Cross-examination
FEDERAL COURT RULES
Order 15 Discovery and inspection of documents
FEDERAL COURT RULES
Division 1 Discovery
15.
RULE 1 Notice for discovery — Form 21 15.
RULE 2 Discovery on notice 15.
RULE 3 Limitation of discovery on notice 15.
RULE 4 Co-respondents 15.
RULE 5 Order for general discovery 15.
RULE 6 Contents of list — Form 22 15.
RULE 6A Discovery of documents 15.
RULE 7 Absence of privilege 15.
RULE 7A Supplementary discovery 15.
RULE 8 Order for particular discovery 15.
RULE 9 Deponent
FEDERAL COURT RULES
Division 2 Inspection
15.
RULE 10 Document referred to in pleading or affidavit 15.
RULE 11 Order for production 15.
RULE 12 Copying of documents produced for inspection 15.
RULE 13 Production to the Court 15.
RULE 14 Inspection to decide objection
FEDERAL COURT RULES
Division 3 General
15.
RULE 15 Order only if necessary 15.
RULE 17 Public interest 15.
RULE 18 Use of documents
FEDERAL COURT RULES
Order 15A Preliminary discovery and discovery from non-party
15A.
RULE 1 Interpretation 15A.
RULE 2 Privilege 15A.
RULE 3 Discovery to identify a respondent 15A.
RULE 4 Conduct money 15A.
RULE 5 Party an applicant 15A.
RULE 6 Discovery from prospective respondent 15A.
RULE 7 Party an applicant 15A.
RULE 8 Discovery from non-party 15A.
RULE 9 Procedure 15A.
RULE 10 Inspection of documents 15A.
RULE 11 Costs 15A.
RULE 12 Power to order inspection, preservation etc of property
FEDERAL COURT RULES
Order 16 Interrogatories
16.
RULE 1 Interrogatories by notice — Form 23 16.
RULE 2 Answers pursuant to notice 16.
RULE 3 Limitation of interrogatories by notice 16.
RULE 4 Co-respondents 16.
RULE 5 Order to answer 16.
RULE 6 Contents of statement — Form 24 16.
RULE 7 Deponent — Form 24 16.
RULE 8 Insufficient answer 16.
RULE 10 Answers as evidence 16.
RULE 11 Public interest
FEDERAL COURT RULES
Order 17 Inspection of property
17.
RULE 1 Inspection of property 17.
RULE 2 Application and service 17.
RULE 3 View
FEDERAL COURT RULES
Order 18 Admissions
18.
RULE 1 Voluntary admission 18.
RULE 2 Notice to admit facts — Form 25 18.
RULE 3 Admission of documents discovered 18.
RULE 4 Judgment on admissions
FEDERAL COURT RULES
Order 19 Motions
19.
RULE 1 Application 19.
RULE 2 Notice of motion — Form 27 19.
RULE 3 Time for service of notice 19.
RULE 4 Service 19.
RULE 5 Absence of party 19.
RULE 6 Notice of adjournment 19.
RULE 7 Further hearing
FEDERAL COURT RULES
Order 20 Summary disposal and stay of proceedings
20.
RULE 1 Summary judgment 20.
RULE 2 Frivolity 20.
RULE 3 No demurrer 20.
RULE 4 Residue of proceedings 20.
RULE 5 Application by motion
FEDERAL COURT RULES
Order 21 Vexatious litigants
21.
RULE 1 Vexatious litigant 21.
RULE 2 Vexatious proceeding against a person 21.
RULE 3 Application 21.
RULE 4 Rescission or variation of order 21.
RULE 5 Leave to continue proceeding
FEDERAL COURT RULES
Order 22 Withdrawal and discontinuance
22.
RULE 1 Withdrawal of appearance — Form 28 22.
RULE 2 Discontinuance — Form 29 22.
RULE 3 Costs 22.
RULE 4 Withdrawal of defence reply etc — Form 30 22.
RULE 5 Mode of discontinuance or withdrawal 22.
RULE 6 Service 22.
RULE 7 Effect of discontinuance 22.
RULE 8 Stay to secure costs
FEDERAL COURT RULES
Order 23 Offer of compromise and payment into court
23.
RULE 1 Interpretation 23.
RULE 2 Application 23.
RULE 3 Form of offer 23.
RULE 4 Further requirements of offer 23.
RULE 5 Time for making or accepting offer 23.
RULE 6 Withdrawal of acceptance 23.
RULE 7 Offer to be without prejudice 23.
RULE 8 Offer not to be disclosed to Court 23.
RULE 9 Failure to comply with accepted offer 23.
RULE 10 Multiple respondents 23.
RULE 11 Costs 23.
RULE 12 Where tender before action pleaded 23.
RULE 13 Payment of money out of Court 23.
RULE 14 Notice of deposit — Form 31 23.
RULE 15 Security to pay into Court — Form 36 23.
RULE 16 Service
FEDERAL COURT RULES
Order 24 Evidence taken in Australia or abroad or evidence taken under
Part 2 of the Foreign Evidence Act 1994
24.
RULE 1 Order for examination of witness — Forms 37, 38 and 39 24.
RULE 2 Letter of request 24.
RULE 2A Procedure where orders are made under paragraph 7 (1) (a) or (b) of the Foreign Evidence Act 1994 24.
RULE 3 Documents for examiner 24.
RULE 4 Appointment for examination 24.
RULE 5 Conduct of examination 24.
RULE 6 Examination of additional persons 24.
RULE 7 Objection 24.
RULE 8 Taking of depositions 24.
RULE 9 Authentication and filing 24.
RULE 10 Special report 24.
RULE 11 Default of witness 24.
RULE 12 Order for payment of expenses 24.
RULE 13 Perpetuation of testimony 24.
RULE 14 Exclusion of evidence in criminal proceedings
FEDERAL COURT RULES
Order 25 Interim Orders
25.
RULE 1 Order before commencement of proceeding 25.
RULE 2 Preservation of property 25.
RULE 3 Disposal of personal property 25.
RULE 4 Interim distribution 25.
RULE 5 Interim income 25.
RULE 6 Payment before ascertainment of all persons interested 25.
RULE 7 Terms: time for order 25.
RULE 8 Interim Orders
FEDERAL COURT RULES
Order 26 Receivers
26.
RULE 1 Receiver and manager 26.
RULE 2 Address for service 26.
RULE 3 Security — Form 40 26.
RULE 4 Remuneration 26.
RULE 5 Accounts 26.
RULE 6 Default 26.
RULE 7 Powers 26.
RULE 8 Account on death
FEDERAL COURT RULES
Order 27 Subpoenas
27.
RULE 1 Definitions 27.
RULE 2 Issuing of subpoena 27.
RULE 3 Form of subpoena 27.
RULE 4 Setting aside or other relief 27.
RULE 5 Service 27.
RULE 6 Compliance with subpoena 27.
RULE 7 Production otherwise than upon attendance 27.
RULE 8 Removal, return, inspection, copying and disposal of documents and things 27.
RULE 9 Inspection of, and dealing with, documents and things produced otherwise than on attendance 27.
RULE 10 Disposal of documents and things produced 27.
RULE 11 Costs and expenses of compliance 27.
RULE 12 Failure to comply with subpoena — contempt of court 27.
RULE 13 Documents and things in the custody of a court
FEDERAL COURT RULES
Order 27A Leave to issue subpoena
27.
RULE 1 Application of Order 27A 27.
RULE 2 Leave to issue subpoena
FEDERAL COURT RULES
Order 28 Security for costs
28.
RULE 1 Interpretation 28.
RULE 2 Application 28.
RULE 3 Cases for security 28.
RULE 4 Manner of giving security 28.
RULE 5 Stay or dismissal 28.
RULE 6 Saving
FEDERAL COURT RULES
Order 29 Separate decision of questions: consolidation
FEDERAL COURT RULES
Division 1 Separate decision of questions
29.
RULE 1 Interpretation 29.
RULE 2 Order for decision 29.
RULE 3 Orders, directions upon decision 29.
RULE 4 Disposal of proceedings
FEDERAL COURT RULES
Division 2 Consolidation
29.
RULE 5 Consolidation etc
FEDERAL COURT RULES
Order 30 Setting down
30.
RULE 1 Interpretation 30.
RULE 2 Request to fix date for trial (Form 44) 30.
RULE 3 Fixing date for trial 30.
RULE 4 Notice of date for trial and payment of setting down fees (Form 44A) 30.
RULE 6 Place of trial 30.
RULE 7 Vacating date for trial
FEDERAL COURT RULES
Order 31 Juries
31.
RULE 1 Notice of motion for jury trial
FEDERAL COURT RULES
Order 32 Trial
32.
RULE 1 Interpretation 32.
RULE 2 Absence of party 32.
RULE 3 Default of appearance of both parties 32.
RULE 4 Conduct of the trial 32.
RULE 4A Limitation on time etc to be taken for trial 32.
RULE 5 Record 32.
RULE 6 Death before judgment
FEDERAL COURT RULES
Order 33 Evidence: general
33.
RULE 1 Witnesses at a trial 33.
RULE 4 Depositions 33.
RULE 5 Evidence in other proceedings 33.
RULE 6 Plans, photographs and models 33.
RULE 8 Production of court documents 33.
RULE 9 Consent of trustee etc 33.
RULE 10 Leading questions to witness 33.
RULE 11 Privilege 33.
RULE 12 Production on notice — Form 45 33.
RULE 13 Attendance and production 33.
RULE 14 Attendance of prisoner in proceedings before Court or examiner 33.
RULE 15 Parties in lawful custody 33.
RULE 16 Notice of intention to adduce evidence of previous representation — Form 144 33.
RULE 17 Notice of objection to tender of hearsay evidence if maker available — Form 145 33.
RULE 18 Notice of intention to adduce tendency evidence — Form 146 33.
RULE 19 Notice of intention to adduce coincidence evidence — Form 147 33.
RULE 20 Form of expert report
FEDERAL COURT RULES
Order 34 Court expert
34.
RULE 1 Application 34.
RULE 1A Definition 34.
RULE 2 Appointment 34.
RULE 3 Report 34.
RULE 4 Cross-examination 34.
RULE 5 Remuneration 34.
RULE 6 Further expert evidence
FEDERAL COURT RULES
Order 34A Evidence of expert witnesses
34A.
RULE 1 Application 34A.
RULE 2 Definitions 34A.
RULE 3 Evidence by expert witnesses
FEDERAL COURT RULES
Order 34B Expert assistant
34B.
RULE 1 Application 34B.
RULE 2 Appointment of expert assistant 34B.
RULE 3 Assistance to be given 34B.
RULE 4 Remuneration of expert assistant
FEDERAL COURT RULES
Order 35 Judgments and orders
35.
RULE 1 General relief 35.
RULE 2 Written reasons 35.
RULE 3 Date of effect 35.
RULE 4 Time for compliance 35.
RULE 5 Fine 35.
RULE 6 Dismissal 35.
RULE 7 Setting aside 35.
RULE 8 Interest 35.
RULE 9 Judicial notice of order 35.
RULE 10 Consent orders by filing in a Registry 35.
RULE 10A Consent orders 35.
RULE 11 Undertakings 35.
RULE 12 Exercise of powers by Registrars
FEDERAL COURT RULES
Order 35A Order or judgment on default
35A.
RULE 1 Definitions 35A.
RULE 2 When a party is in default 35A.
RULE 3 Orders on default 35A.
RULE 4 Contempt
FEDERAL COURT RULES
Order 36 Entry of orders
36.
RULE 1 Definition 36.
RULE 2 When entry is required 36.
RULE 3 Entry of an order 36.
RULE 4 Lodgment of orders for entry 36.
RULE 5 Courtroom entry 36.
RULE 6 Date of effect 36.
RULE 7 Authentication of orders 36.
RULE 8 Service of orders 36.
RULE 9 Certificate of judgement
FEDERAL COURT RULES
Order 37 Judgments and orders: enforcement
37.
RULE 1 Attendance 37.
RULE 2 Service before committal or sequestration 37.
RULE 3 Substituted performance 37.
RULE 4 Enforcements by or against non-party 37.
RULE 5 Non-performance of condition 37.
RULE 6 Matters occurring after judgment 37.
RULE 7 Enforcement as in State and Territory Supreme Courts 37.
RULE 8 Ex parte application 37.
RULE 9 Committal — Form 49 37.
RULE 10 Stay of execution 37.
RULE 11 Exercise of power by Registrars
FEDERAL COURT RULES
Order 38 Assessment of damages
38.
RULE 1 Ascertainment of damages where a matter of calculation 38.
RULE 2 Certificate of Registrar 38.
RULE 3 Damages in respect of continuing cause of action
FEDERAL COURT RULES
Order 39 Accounts and inquiries
39.
RULE 1 Account: summary order 39.
RULE 2 Account or inquiry at any stage 39.
RULE 3 Account: directions 39.
RULE 4 Account: form and verification 39.
RULE 5 Account: filing and service 39.
RULE 6 Account: notice of charge or error 39.
RULE 7 Account: allowances 39.
RULE 8 Delay 39.
RULE 9 Account: taken before Registrar 39.
RULE 10 Certificate of Registrar
FEDERAL COURT RULES
Order 40 Contempt
FEDERAL COURT RULES
Division 1 Contempt in the face or hearing of the Court
40.
RULE 1 Arrest 40.
RULE 2 Charge, defence and determination 40.
RULE 3 Interim custody
FEDERAL COURT RULES
Division 2 Motion or proceedings for punishment
40.
RULE 4 Application 40.
RULE 5 Procedure generally 40.
RULE 6 Statement of charge 40.
RULE 7 Evidence 40.
RULE 8 Service 40.
RULE 9 Arrest — Form 48 40.
RULE 10 Motion or proceedings by the Registrar
FEDERAL COURT RULES
Division 3 General
40.
RULE 11 Warrant — Form 48 40.
RULE 12 Discharge
FEDERAL COURT RULES
Order 41 Documents
41.
RULE 1 First page of a document — Form 1 41.
RULE 2 Documents 41.
RULE 3 Details to be shown on first page of a document 41.
RULE 4 Numbers 41.
RULE 5 Scandalous, vexatious or oppressive material 41.
RULE 6 Signing documents — Form 4 41.
RULE 7 Signature by electronic means
FEDERAL COURT RULES
Order 42 Partnerships and business names
FEDERAL COURT RULES
Division 1 Partnerships
42.
RULE 1 Interpretation 42.
RULE 2 Action in partnership name 42.
RULE 3 Disclosure of names etc of partners 42.
RULE 4 Service 42.
RULE 5 Appearance of partners 42.
RULE 6 Appearance under protest of person served as partner 42.
RULE 7 Defence 42.
RULE 8 Entry of order 42.
RULE 9 Execution of judgment against a partnership 42.
RULE 10 Judgment against individual partner 42.
RULE 11 Application to proceedings between co-partners
FEDERAL COURT RULES
Division 2 Individuals trading under a business name
42.
RULE 12 Interpretation 42.
RULE 13 Proceedings in business name 42.
RULE 14 Application of rules 42.
RULE 15 Service 42.
RULE 16 Appearance 42.
RULE 17 Proceeding under either Division 42.
RULE 18 Amendment as to parties 42.
RULE 19 Execution 42.
RULE 20 Variation of judgment or order 42.
RULE 21 Discovery in aid of rules 18 and 20
FEDERAL COURT RULES
Order 43 Disability
43.
RULE 1 Proceeding by or against person under disability 43.
RULE 2 Appointment of tutor by the court 43.
RULE 3 Removal of tutor 43.
RULE 4 Appointment of tutor generally 43.
RULE 5 Conduct of proceedings by tutor 43.
RULE 6 Cross-claim 43.
RULE 7 No imputed admission on pleadings 43.
RULE 8 Discovery and interrogatories 43.
RULE 9 Compromise etc of matter in suit 43.
RULE 10 Payment into Court 43.
RULE 11 Compromise etc before suit 43.
RULE 12 Terms of approval 43.
RULE 13 Service
FEDERAL COURT RULES
Order 44 Interpleader
FEDERAL COURT RULES
Division 1 Preliminary
44.
RULE 1 Interpretation
FEDERAL COURT RULES
Division 2 Stakeholder's interpleader
44.
RULE 2 Case for relief 44.
RULE 3 Application in a pending proceeding
FEDERAL COURT RULES
Division 3 Sheriff's interpleader
44.
RULE 4 Notice of claim — Form 50 44.
RULE 5 Notice to execution creditor 44.
RULE 6 Admission of claim 44.
RULE 7 Interpleader motion
FEDERAL COURT RULES
Division 3A Payment pursuant to statutory entitlement
44.
RULE 7A Payment pursuant to statutory entitlement
FEDERAL COURT RULES
Division 4 General
44.
RULE 8 Powers generally 44.
RULE 9 Default by claimant 44.
RULE 10 Neutrality of applicant 44.
RULE 11 Order in several proceedings 44.
RULE 12 Disposal
FEDERAL COURT RULES
Order 45 Solicitors
45.
RULE 1 Power to act by solicitor 45.
RULE 2 Adverse parties 45.
RULE 3 Change of solicitor 45.
RULE 4 Change of agent 45.
RULE 5 Appointment of solicitor 45.
RULE 6 Removal of solicitor 45.
RULE 7 Withdrawal of solicitor 45.
RULE 8 Effect of change 45.
RULE 9 Signature for solicitor
FEDERAL COURT RULES
Order 46 Registries
46.
RULE 1 Taking of oaths and affidavits 46.
RULE 2 Seal of Court 46.
RULE 3 Use of seal 46.
RULE 4 Stamp of Court 46.
RULE 4A Affixing the seal or stamp of the Court 46.
RULE 5 Custody of documents 46.
RULE 6 Inspection of documents 46.
RULE 7 Operation of registries 46.
RULE 7A Abuse of process 46.
RULE 7B Prescribed time — section 35A of the Act 46.
RULE 8 Temporary venue 46.
RULE 9 Transmission of documents 46.
RULE 10 Transmission of order 46.
RULE 11 Summary of order 46.
RULE 12 Facsimile
FEDERAL COURT RULES
Order 47 Sheriff
FEDERAL COURT RULES
Division 1 General
47.
RULE 1 Interpretation 47.
RULE 2 Suspension of execution 47.
RULE 3 Default 47.
RULE 4 Execution: motion for directions
FEDERAL COURT RULES
Division 2 Fees
47.
RULE 5 Security 47.
RULE 6 Liability of solicitor 47.
RULE 7 Bill 47.
RULE 8 Taxation 47.
RULE 9 Determination 47.
RULE 10 Default by solicitor
FEDERAL COURT RULES
Order 48 Workplace relations proceedings
FEDERAL COURT RULES
Division 1 General
48.
RULE 1 Definition for Order 48 48.
RULE 2 Expressions used in the Workplace Relations Act 48.
RULE 3 Application of Order 48
FEDERAL COURT RULES
Division 2 Unlawful termination of employment
48.
RULE 4 Application in relation to alleged unlawful termination of employment (Act, s 170CP)
FEDERAL COURT RULES
Division 3 Rules to show cause
48.
RULE 5 Definition for Division 3 48.
RULE 6 Application of Division 3 48.
RULE 7 Requirements of applications (Act, s 163, 164, 164A and 167) 48.
RULE 8 Form of rule to show cause — Form 6 48.
RULE 9 Filing of rule to show cause
FEDERAL COURT RULES
Division 4 Inquiries and ballots in relation to registered
organisations
48.
RULE 10 Application of Division 4 48.
RULE 10A Form of application for an inquiry or ballot 48.
RULE 11 Duties of District Registrar on receiving application 48.
RULE 12 Service of application and supporting documents 48.
RULE 13 Application for interim orders 48.
RULE 14 Court directions to issue subpoenas
FEDERAL COURT RULES
Order 49 Proceedings for an offence
49.
RULE 1 Prosecutions 49.
RULE 2 Form of summons, Forms 51 and 52 49.
RULE 3 Summons in paragraphs 49.
RULE 4 Appointment of date 49.
RULE 5 Affidavits as to fine or penalty
FEDERAL COURT RULES
Order 50 Case stated and questions reserved
50.
RULE 1A Definition for Order 50 50.
RULE 1 Application 50.
RULE 2 Special case to be prepared etc 50.
RULE 3 Setting down for hearing 50.
RULE 3A Setting down for hearing ( Workplace Relations Act 1996 , s 82) 50.
RULE 4 Party having carriage of the proceedings
FEDERAL COURT RULES
Order 51 Judiciary Act 1903 — section 78B
51.
RULE 1 Notice of a constitutional matter — Form 53 51.
RULE 2 Notices of a constitutional matter 51.
RULE 3 Affidavit of service 51.
RULE 4 Additional papers for intervening Attorneys-General
FEDERAL COURT RULES
Order 51A Matters remitted by the High Court of Australia
51A.
RULE 1 Remittal of matters by High Court to the Court 51A.
RULE 2 Filing and service 51A.
RULE 2A Conduct of proceedings remitted by High Court to the Court 51A.
RULE 3 Directions hearing 51A.
RULE 4 Directions of High Court 51A.
RULE 5 Remittal of application for order nisi
FEDERAL COURT RULES
Order 51B Referral of petition under Commonwealth Electoral
Act 1918 , s 354
51B.
RULE 1 Interpretation 51B.
RULE 2 Expressions used in the Electoral Act 51B.
RULE 3 Application 51B.
RULE 4 Filing 51B.
RULE 5 Service and directions hearing 51B.
RULE 6 Directions and orders 51B.
RULE 7 Particulars of votes claimed or objected to 51B.
RULE 8 Counter-charges 51B.
RULE 9 Particulars 51B.
RULE 10 Trial 51B.
RULE 11 Withdrawal of petition and substitution of another petitioner 51B.
RULE 12 Abatement by death of petitioner
FEDERAL COURT RULES
Order 52 Appeals
52.
RULE 1 Interpretation 52.
RULE 2 Service
FEDERAL COURT RULES
Division 1 Leave to Appeal from judgments other than interlocutory
judgments of the Court
52.
RULE 2A Application of Division 52.
RULE 3 How applications for leave to appeal to be made 52.
RULE 4 Form of application — Form 54 52.
RULE 5 Time for filing application 52.
RULE 6 Service 52.
RULE 7 Appearance 52.
RULE 8 Time for filing and service of affidavits 52.
RULE 9 Setting down for hearing
FEDERAL COURT RULES
Division 1A Leave to appeal from interlocutory judgments of the
Court
52.
RULE 10 Leave to appeal from interlocutory judgments of the Court
FEDERAL COURT RULES
Division 2 Appeals
52.
RULE 11 Interpretation 52.
RULE 12 Form and filing of notice of appeal — Form 55 52.
RULE 13 Title of proceeding 52.
RULE 14 Parties 52.
RULE 14AA Interveners 52.
RULE 14A Appearance by respondent 52.
RULE 15 Time for filing and serving notice of appeal 52.
RULE 15A Use of written case 52.
RULE 16 Filing in courts and service upon parties 52.
RULE 17 Stay 52.
RULE 18 Competency of appeal 52.
RULE 19 Discontinuance of appeal 52.
RULE 20 Security for costs 52.
RULE 21 Amendment by supplementary notice 52.
RULE 22 Cross-appeal 52.
RULE 23 Retention of exhibits 52.
RULE 24 Appointment to settle 52.
RULE 25 Collection of papers 52.
RULE 26 Draft index of appeal papers 52.
RULE 27 Settlement 52.
RULE 28 Preparation of appeal papers 52.
RULE 29 Setting down appeal 52.
RULE 30 Written submissions 52.
RULE 31 Directions 52.
RULE 32 Preparation 52.
RULE 33 Filing and lodgment 52.
RULE 34 Service 52.
RULE 35 Criminal cases 52.
RULE 36 Further evidence on appeal 52.
RULE 37 Expediting appeals 52.
RULE 37A Directions by Registrar 52.
RULE 38 Time; want of prosecution 52.
RULE 38A Absence of party 52.
RULE 39 Appeals in criminal cases from Supreme Courts of a Territory 52.
RULE 40 Order for production of prisoner (Form 46A) 52.
RULE 41 Reference to Court by single Judge
FEDERAL COURT RULES
Order 52A Taxation appeals
FEDERAL COURT RULES
Division I General
52A.
RULE 1 Interpretation 52A.
RULE 2 Application of Order 52A.
RULE 3 Application of other Orders 52A.
RULE 4 Mode of service 52A.
RULE 5 Evidence by affidavit
FEDERAL COURT RULES
Division II Appeals from disallowance of objections
52A.
RULE 6 Notice of referral 52A.
RULE 7 Form and filing of notice of referral 52A.
RULE 8 Documents to be forwarded 52A.
RULE 9 Service of notice of referral and list of documents 52A.
RULE 10 Parties 52A.
RULE 11 Applicant's address for service 52A.
RULE 12 Directions hearing 52A.
RULE 13 General 52A.
RULE 14 Dismissal of appeal for want of prosecution
FEDERAL COURT RULES
Division III Objections and references
52A.
RULE 15 Rules to apply on referral to Court 52A.
RULE 16 Rules to apply on transfer from Supreme Court
FEDERAL COURT RULES
Division IV Applications for extension of time
52A.
RULE 17 Sending applications to Court 52A.
RULE 18 Form of application 52A.
RULE 19 Filing of application 52A.
RULE 20 Notice of hearing 52A.
RULE 21 Signing of notice and return date 52A.
RULE 22 Service of notice of hearing 52A.
RULE 23 Abridgment of time 52A.
RULE 24 Notice of address for service
FEDERAL COURT RULES
Order 52B Appeals against appealable objection decisions made under the
Taxation Administration Act 1953
52B.
RULE 1 Interpretation 52B.
RULE 2 Application of this Order 52B.
RULE 3 Application of Order 52A 52B.
RULE 4 Commencement of appeals 52B.
RULE 5 Documents to be filed and served by the Commissioner — matters other than private rulings 52B.
RULE 5A Documents to be filed and served by the Commissioner — private rulings 52B.
RULE 6 Notice of setting down for hearing
FEDERAL COURT RULES
Order 52C Appeals against departure prohibition orders under Taxation
Administration Act 1953
52C.
RULE 1 Interpretation 52C.
RULE 2 Application of Order 52A 52C.
RULE 3 Commencement of appeals 52C.
RULE 4 Documents to be filed and served by the Commissioner 52C.
RULE 5 Notice of setting down for hearing
FEDERAL COURT RULES
Order 53 Administrative Appeals Tribunals Act 1975
53.
RULE 1 Interpretation 53.
RULE 2 Form and filing notice of appeal — Form 55A 53.
RULE 3 Title of proceedings 53.
RULE 4 Appearance 53.
RULE 5 Parties 53.
RULE 6 Filing and service of notice of appeal 53.
RULE 7 Extension of time 53.
RULE 8 Security for costs 53.
RULE 9 Stay 53.
RULE 10 Documents to be forwarded 53.
RULE 11 Discontinuance of appeal 53.
RULE 12 Amendment by supplementary notice 53.
RULE 13 Notices of contention 53.
RULE 14 Directions hearing 53.
RULE 15 General 53.
RULE 16 Preparation of appeal papers 53.
RULE 16A Written submissions 53.
RULE 17 Directions by Registrar 53.
RULE 18 Setting down appeal 53.
RULE 19 Time for entry of appeal 53.
RULE 20 Time: want of prosecution
FEDERAL COURT RULES
Order 53B Appeals from the Superannuation Complaints Tribunal
53B.
RULE 1 Application 53B.
RULE 2 Form of notice of appeal 53B.
RULE 3 Application of Order 53
FEDERAL COURT RULES
Order 54 Administrative Decisions (Judicial Review) Act
1977
54.
RULE 1 Application 54.
RULE 2 Form of application — Form 56 54.
RULE 2A Extension of time 54.
RULE 3 Documents to be filed 54.
RULE 4 Notice of objection to competency — Form 57 54.
RULE 5 Directions 54.
RULE 6 Staying or dismissal of applications 54.
RULE 7 54.
RULE 8
FEDERAL COURT RULES
Order 54A Judiciary Act 1903 ; section 39B Mandamus, prohibition,
injunction against an officer of the Commonwealth
54A.
RULE 1 Application 54A.
RULE 2 Form of application 54A.
RULE 3 Joinder of claims for relief
FEDERAL COURT RULES
Order 54B Judiciary Act 1903 and Migration Act 1958
54B.
RULE 1 Application 54B.
RULE 2 Form of application — Form 56A 54B.
RULE 3 Notice of objection to competency — Form 57 54B.
RULE 4 Directions 54B.
RULE 5 Staying or dismissal of applications 54B.
RULE 6 Dismissal of application 54B.
RULE 7 Use of affidavit without cross-examination of maker
FEDERAL COURT RULES
Order 56 Health Insurance Act 1973
56.
RULE 1 Interpretation 56.
RULE 2 Rules applicable 56.
RULE 3 Documents to be forwarded
FEDERAL COURT RULES
Order 57 Australian Crime Commission Act 2002
57.
RULE 1 Applications for review under Administrative Decisions (Judicial Review) Act 1977 (as varied by section 57 of Australian Crime Commission Act 2002 )
FEDERAL COURT RULES
Order 58 Intellectual property
FEDERAL COURT RULES
Part I Intellectual property cases generally
58.
RULE 1 Interpretation 58.
RULE 2 Application of Order 58.
RULE 3 Appearance by the Commissioner
FEDERAL COURT RULES
Part II Appeals from decision etc of Commissioner
58.
RULE 4 Form and filing of notice of appeal — Form 58A 58.
RULE 5 Notice of appeal etc 58.
RULE 5AA Particulars of non-patentable invention 58.
RULE 5A Cross-appeals and notices of contention 58.
RULE 6 Provision of documents by Commissioner 58.
RULE 7 Directions hearing 58.
RULE 8 Evidence
FEDERAL COURT RULES
Part III Other proceedings under a subject Act
FEDERAL COURT RULES
Division 1 Patents Act
58.
RULE 9 Application of Division 58.
RULE 10 Applications under subsection 105 (1) of Patents Act (amendments) 58.
RULE 11 Applications under subsection 120 (1) of Patents Act (infringements) 58.
RULE 12 Applications under subsection 125 (1) of Patents Act (non-infringement declarations) 58.
RULE 13 Applications under subsection 128 (1) of Patents Act (relief from unjustified threat) 58.
RULE 14 Applications under Chapter 12 of Patents Act (compulsory licences, revocation etc) 58.
RULE 15 Particulars of invalidity
FEDERAL COURT RULES
Division 2 Copyright Act
58.
RULE 16 Applications under Copyright Act (infringements)
FEDERAL COURT RULES
Division 3 Trade Marks Act
58.
RULE 17 Application of Division 58.
RULE 18 Applications under Trade Marks Act (infringements) 58.
RULE 19 Particulars of invalidity
FEDERAL COURT RULES
Division 4 Designs Act
58.
RULE 20 Application of Division 58.
RULE 21 Applications under Designs Act (infringements) 58.
RULE 22 Particulars of grounds for cancellation, rectification or of invalidity 58.
RULE 23 Application under paragraph 28 (b) of the Designs Act (compulsory licence)
FEDERAL COURT RULES
Division 5 Circuit Layouts Act
58.
RULE 24 Applications under subsection 20 (2) of the Circuit Layouts Act (equitable remuneration) 58.
RULE 25 Applications under subsection 25 (4) of the Circuit Layouts Act (terms of the doing of the act) 58.
RULE 26 Applications under Circuit Layouts Act (infringements)
FEDERAL COURT RULES
Division 6 Plant Breeder's Rights Act
58.
RULE 27 Applications under Plant Breeder's Rights Act (infringements)
FEDERAL COURT RULES
Division 7 Olympic Insignia Protection Act
58.
RULE 28 Application of Division 58.
RULE 29 Application under Olympic Insignia Protection Act (infringements) 58.
RULE 30 Particulars of grounds for rectification or of invalidity
FEDERAL COURT RULES
Part IV Evidence
58.
RULE 31 Experimental proof as evidence
FEDERAL COURT RULES
Order 59 Moomba-Sydney Pipeline System Sale Act 1994
59.
RULE 1 Appeals from determinations of Australian Competition Tribunal under section 126 59.
RULE 2 Enforcement under Part 6, Division 6 59.
RULE 3 Inquiry by Court under subsection 124 (3) where non-compliance with requirements of Australian Competition and Consumer Commission
FEDERAL COURT RULES
Order 60 Customs Act 1901
60.
RULE 1 Proceedings under section 243B of Customs Act 60.
RULE 2 Applications under section 243F of Customs Act
FEDERAL COURT RULES
Order 61 Complaints (Australian Federal Police) Act 1981
61.
RULE 1 Interpretation 61.
RULE 2 Rules applicable
FEDERAL COURT RULES
Order 61A Australian Federal Police Act 1979
61A.
RULE 1 Appeal from decision of Disciplinary Tribunal 61A.
RULE 2 Notice of appeal
FEDERAL COURT RULES
Order 62 Costs
62.
RULE 1 Interpretation 62.
RULE 1A Party represented by officer of the Crown 62.
RULE 2 Application 62.
RULE 3 Time for dealing with costs 62.
RULE 4 Taxed costs and other provisions 62.
RULE 5 Costs in other courts 62.
RULE 6 Order for payment 62.
RULE 7 Order for taxation — when not required 62.
RULE 8 Registrar to tax costs 62.
RULE 9 Liability of legal practitioner 62.
RULE 10 Notice of taxing costs and copy bill 62.
RULE 11 Review of Taxation 62.
RULE 12 Scale of costs 62.
RULE 13 Taxing officers to assist each other 62.
RULE 14 Costs of interlocutory proceedings 62.
RULE 15 Costs reserved 62.
RULE 16 Notice of adjournment of taxation 62.
RULE 17 Refusal or neglect to procure taxation 62.
RULE 18 Delay before taxing officer 62.
RULE 19 Cost to be allowed on taxation 62.
RULE 20 Disbursements in solicitors' bills 62.
RULE 21 Fees not here provided for 62.
RULE 22 Taxing officer's discretion 62.
RULE 23 Extension of time 62.
RULE 24 Non-admission of fact 62.
RULE 25 Non-admission of document 62.
RULE 26 Discontinuance 62.
RULE 28 Continuance of interlocutory injunction 62.
RULE 29 Cost of application or step within proceedings 62.
RULE 30 Costs of application or step within proceedings where stood over to trial 62.
RULE 31 Party and party basis 62.
RULE 32 Refreshers 62.
RULE 33 Absence of counsel 62.
RULE 34 4½ hour periods 62.
RULE 35 Fees to barristers and solicitors 62.
RULE 36 Disallowance of costs of improper, vexatious or unnecessary matter in documents or proceedings 62.
RULE 36A Reduction in costs otherwise allowable 62.
RULE 37 Unnecessary appearance in Court 62.
RULE 38 Powers of taxing officer 62.
RULE 39 Registrars appointed taxing officers 62.
RULE 40 Bill of costs 62.
RULE 40A Short form bill for winding up application (Corporations Act s 466 (2)) 62.
RULE 40B Short form bill for migration cases 62.
RULE 41 Appointment to tax bill 62.
RULE 42 Objection to decision of taxing officer 62.
RULE 43 Reconsideration 62.
RULE 44 Review 62.
RULE 45 Certificate of taxation 62.
RULE 46 Assessment procedures
FEDERAL COURT RULES
Order 62A Determination of maximum costs at directions hearing
62A.
RULE 1 Power to order maximum costs 62A.
RULE 2 Excluded costs 62A.
RULE 3 Further directions 62A.
RULE 4 Variation of order
FEDERAL COURT RULES
Order 63 Administration of money paid into court
63.
RULE 1 Application 63.
RULE 2 Definitions 63.
RULE 3 Litigants' Fund 63.
RULE 4 Payment out of a Litigants' Fund 63.
RULE 5 Other application of money 63.
RULE 6 Notification of the parties
FEDERAL COURT RULES
Order 64 Transitional provisions
64.
RULE 1 Prior proceedings 64.
RULE 2 Litigants' Fund
FEDERAL COURT RULES
Order 65 Life Insurance Act 1995
65.
RULE 1 Commencement of proceedings 65.
RULE 2 Payment into Court 65.
RULE 3 Judicial management or winding up
FEDERAL COURT RULES
Order 66 Family Court of Australia (Additional Jurisdiction and
Exercise of Powers) Act 1988
66.
RULE 1 Application of Order 66.
RULE 2 Interpretation 66.
RULE 3 Transfer to the Family Court 66.
RULE 4 Form of application for transfer 66.
RULE 5 Proceedings transferred under the Act
FEDERAL COURT RULES
Order 67 Lands Acquisition Act 1989
67.
RULE 1 Application 67.
RULE 2 Compensation 67.
RULE 3 Approval 67.
RULE 4 Extension of time 67.
RULE 5 Directions 67.
RULE 6 Statement of claim 67.
RULE 7 Defence 67.
RULE 8 Evidence by affidavit 67.
RULE 9 Affidavits of valuation 67.
RULE 10 Notice of disputed transaction
FEDERAL COURT RULES
Order 69 Trade Practices (Misuse of Trans-Tasman Market Power) Act
1990
69.
RULE 1 Short title 69.
RULE 2 Interpretation 69.
RULE 3 Application of this Order and other Orders 69.
RULE 4 Issue of subpoena 69.
RULE 5 Service of subpoena 69.
RULE 6 Expenses 69.
RULE 7 Costs of complying with subpoena 69.
RULE 8 Production by non-party 69.
RULE 9 Non-compliance with subpoena 69.
RULE 10 Setting aside subpoena 69.
RULE 11 Filing in New Zealand of document in Australian proceeding 69.
RULE 12 Federal Court sittings in New Zealand 69.
RULE 14 Facsimile telegraphy — copies 69.
RULE 15 Transmission of subpoenaed documents to High Court of New Zealand 69.
RULE 16 Document in New Zealand proceeding filed in Australian registry 69.
RULE 17 Stay of Australian proceeding 69.
RULE 18 Prosecutions for offences against Part IIIA of the Federal Court Act 69.
RULE 19 Registration of determination of High Court of New Zealand 69.
RULE 20 Enforcement of Orders made in New Zealand proceeding
FEDERAL COURT RULES
Order 69A Trans-Tasman proceedings
69A.
RULE 1 Short title 69A.
RULE 2 Interpretation 69A.
RULE 3 Application of this Order and other Orders 69A.
RULE 4 Leave to serve a subpoena 69A.
RULE 5 Production of document or thing pursuant to subpoena 69A.
RULE 6 Failure to comply with subpoena 69A.
RULE 7 Setting aside subpoena 69A.
RULE 9 Fax copies 69A.
RULE 10 Enforcement of Orders made in New Zealand proceedings
FEDERAL COURT RULES
Order 70 Aboriginal and Torres Strait Islander Commission Act
1989
70.
RULE 1 Interpretation 70.
RULE 2 Election petitions 70.
RULE 3 Reference as to qualifications or vacancy 70.
RULE 4 General
FEDERAL COURT RULES
Order 71 Corporations Act and ASIC Act proceedings
FEDERAL COURT RULES
Order 72 Mediation and arbitration
FEDERAL COURT RULES
Division 1 Preliminary
72.
RULE 1 Mediation or arbitration procedure 72.
RULE 2 Application of Order 72.
RULE 3 If a Judge undertakes mediation 72.
RULE 4 Adjournment of proceedings 72.
RULE 5 Court may terminate mediation or arbitration
FEDERAL COURT RULES
Division 2 Mediation
72.
RULE 6 Nomination of mediator 72.
RULE 7 Conduct of mediation conferences 72.
RULE 8 Adjournment or termination of mediation
FEDERAL COURT RULES
Division 3 Arbitration
72.
RULE 9 Appointment of arbitrator
FEDERAL COURT RULES
Order 73 Representative proceedings
73.
RULE 1 Interpretation 73.
RULE 2 Application of Order 73.
RULE 3 Commencement of proceedings 73.
RULE 4 Consent to be a group member 73.
RULE 5 Applications for orders involving notice 73.
RULE 6 Opt out notices
FEDERAL COURT RULES
Order 74 Reciprocal enforcement of judgments under the Foreign
Judgments Act 1991
74.
RULE 1 Interpretation 74.
RULE 2 Application of Order 74.
RULE 3 Application for an order for registration of foreign judgment 74.
RULE 4 Matters to be included in affidavit 74.
RULE 5 Registration 74.
RULE 6 Notice of registration 74.
RULE 7 Time limit 74.
RULE 8 Security for costs 74.
RULE 9 Record of registered judgments
FEDERAL COURT RULES
Order 76 Enforcement of determinations of the Human Rights and Equal
Opportunity Commission or Privacy Commissioner
76.
RULE 1 Application 76.
RULE 2 Commencement 76.
RULE 3 Service
FEDERAL COURT RULES
Order 77 Bankruptcy proceedings
FEDERAL COURT RULES
Division 1 Introductory
77.
RULE 1 Citation 77.
RULE 2 Definitions for Order 77 77.
RULE 3 Expressions used in the Bankruptcy Act 77.
RULE 4 Application of this Order and other Orders
FEDERAL COURT RULES
Division 2 General
77.
RULE 5 First page of a document — Form 148 77.
RULE 6 Commencement of a proceeding 77.
RULE 7 Exercise of powers by Registrars 77.
RULE 8 Review of decisions by Registrars 77.
RULE 9 Leave to be heard 77.
RULE 10 Appearance at application or examination 77.
RULE 11 Notice of intention to oppose application or petition
FEDERAL COURT RULES
Division 3 Bankruptcy notices
77.
RULE 12 Substituted service 77.
RULE 13 Requirements of application to set aside, or extend time for complying with, notice (Act, s 41 (6A), (6C) and (7)) 77.
RULE 14 Making and hearing of application for extension of time (Act, s 41 (6A))
FEDERAL COURT RULES
Division 4 Creditors' petitions
77.
RULE 15 Application of Division 4 77.
RULE 16 Requirements of creditor's petition and supporting affidavits (Act, s 47) 77.
RULE 17 Petition founded on issue of execution against debtor (Act, s 40 (1) (d)) 77.
RULE 18 Petition founded on failure to comply with bankruptcy notice or set up counter-claim etc (Act, s 40 (1) (g)) 77.
RULE 18A Service 77.
RULE 19 Additional affidavits to be filed by applicant before hearing 77.
RULE 20 Summons to debtor or examinable person for examination (Act, s 50) 77.
RULE 21 Sequestration order to be entered and served 77.
RULE 22 Order dismissing petition to be entered and served 77.
RULE 22A Order extending petition
FEDERAL COURT RULES
Division 5 Debtors' petitions
77.
RULE 23 Application of Division 5 77.
RULE 24 Form of referral — Form 153 77.
RULE 25 Hearing of referral
FEDERAL COURT RULES
Division 6 Discovery of bankrupt's property
FEDERAL COURT RULES
Subdivision A Definition
77.
RULE 26 Definition for Division 6
FEDERAL COURT RULES
Subdivision B Summons of relevant person for examination
77.
RULE 27 Application of Subdivision B (Act, s 81 (1)) 77.
RULE 28 Application for summons — Form 5 or Form 154 77.
RULE 29 Requirements of summons — Form 151 77.
RULE 30 Service of summons 77.
RULE 31 Failure by relevant person to attend examination
FEDERAL COURT RULES
Subdivision C Summons of examinable person for examination
77.
RULE 32 Application of Subdivision C (Act, s 81 (1)) 77.
RULE 33 Application for summons — Form 5 or Form 154 77.
RULE 34 Affidavit to accompany application or notice of motion 77.
RULE 35 Hearing of application or notice of motion 77.
RULE 36 Requirements of summons — Form 151 77.
RULE 37 Service of summons 77.
RULE 38 Application for discharge of summons 77.
RULE 39 Conduct money and witnesses expenses
FEDERAL COURT RULES
Division 7 Proof of debts
77.
RULE 40 Appeal against estimate of value of debt or liability (Act, s 82 (5))
FEDERAL COURT RULES
Division 8 Annulment of bankruptcy
77.
RULE 41 Application of Division 8 (Act, ss 153B and 252B) 77.
RULE 42 Requirements of application 77.
RULE 43 Notice to creditors — Form 155 77.
RULE 44 Report by trustee 77.
RULE 45 Order to be entered and served
FEDERAL COURT RULES
Division 9 Trustees
77.
RULE 46 Objection to appointment of trustee (Act, s 157 (6)) 77.
RULE 47 Resignation or release of trustee (Act, ss 180 and 183) 77.
RULE 48 Appeal from decision of taxing officer (Act, s 167 (8))
FEDERAL COURT RULES
Division 10 Debt agreements
77.
RULE 49 Application for order terminating debt agreement (Act, s 185Q) 77.
RULE 50 Application for order declaring debt agreement void (Act, s 185T) 77.
RULE 51 Notice to creditors — Form 156 77.
RULE 52 Entry and service of order
FEDERAL COURT RULES
Division 11 Arrangements with creditors
77.
RULE 53 Application for order declaring deed or composition void (Act, s 222) 77.
RULE 54 Application for order terminating deed (Act, s 236) 77.
RULE 55 Application for order setting aside composition (Act, s 239) 77.
RULE 56 Service of application and supporting affidavit 77.
RULE 57 Notice to creditors — Form 156 77.
RULE 58 Entry and service of order
FEDERAL COURT RULES
Division 12 Administration of estates of deceased persons
FEDERAL COURT RULES
Subdivision A Creditors' petitions
77.
RULE 59 Requirements of petition (Act, s 244) 77.
RULE 60 Additional affidavits to be filed before hearing 77.
RULE 61 Entry and service of order
FEDERAL COURT RULES
Subdivision B Administrators' petitions
77.
RULE 62 Administrator's petition (Act, s 247) 77.
RULE 63 Entry and service of order
FEDERAL COURT RULES
Division 13 Warrants
77.
RULE 64 Warrant for arrest of debtor or bankrupt (Act, s 78) 77.
RULE 65 Warrant for apprehension of person failing to attend Court (Act, s 264B (1))
FEDERAL COURT RULES
Division 14 Short form bills of costs
77.
RULE 66 Application of Division 14 77.
RULE 67 Short form bill of costs 77.
RULE 68 Claim for costs 77.
RULE 69 Attendance at taxation hearing
FEDERAL COURT RULES
Order 78 Native title proceedings
FEDERAL COURT RULES
Division 1 Introductory
78.
RULE 1 Interpretation for Order 78 78.
RULE 2 Expressions used in the Native Title Act 78.
RULE 3 Application of Order 78 78.
RULE 3A Exercise of powers by Registrars 78.
RULE 4 Cultural or customary concerns
FEDERAL COURT RULES
Division 2 Applications
FEDERAL COURT RULES
Subdivision 1 Applications made before 30 September 1998
78.
RULE 5 Applications taken to be made to the Court
FEDERAL COURT RULES
Subdivision 2 Applications made on or after
30 September 1998
78.
RULE 6 Main application (native title and compensation) 78.
RULE 7 Form of amendment of main application 78.
RULE 8 Joinder of parties to main application 78.
RULE 9 Withdrawal of a party 78.
RULE 10 Applications other than main applications 78.
RULE 11 Application to strike out main application 78.
RULE 12 Application for review of decision not to accept claim for registration 78.
RULE 13 Application to remove details of agreement from the Register of Indigenous Land Use Agreements 78.
RULE 14 Application for order about return of, or access to, records 78.
RULE 15 Application for payment of amount held in trust
FEDERAL COURT RULES
Division 3 Reference to Court of questions of fact or law
78.
RULE 16 Question to be special case 78.
RULE 17 Special case to be prepared 78.
RULE 18 Setting down for hearing 78.
RULE 19 Party having carriage of the proceeding 78.
RULE 20 Court's discretion
FEDERAL COURT RULES
Division 4 Mediation
78.
RULE 21 Cessation of mediation
FEDERAL COURT RULES
Division 5 Appeals from decisions or determinations of NNTT
78.
RULE 22 Definition for Division 5 78.
RULE 23 Application of Division 78.
RULE 24 Instituting an appeal 78.
RULE 25 Extension of time to appeal 78.
RULE 26 Serving notice of appeal 78.
RULE 27 Procedure after notice of appeal is filed 78.
RULE 27A Appeal book 78.
RULE 28 Directions hearing 78.
RULE 29 Notification of hearing appeal 78.
RULE 30 Reference to Chief Justice for direction
FEDERAL COURT RULES
Division 6 Evidence
78.
RULE 31 Evidentiary matters generally 78.
RULE 32 Evidence of a cultural or customary subject 78.
RULE 33 Documents referring to certain material 78.
RULE 34 Evidence given in consultation with others 78.
RULE 35 Evidence given not in normal course 78.
RULE 36 Evidence that may disclose certain information, contrary to a Court order 78.
RULE 37 Inspection
FEDERAL COURT RULES
Division 7 Assessors
FEDERAL COURT RULES
Subdivision 2 Assessors
78.
RULE 39 Taking evidence 78.
RULE 40 Conflict of interest
FEDERAL COURT RULES
Division 8 Other
78.
RULE 41 Change of address for service 78.
RULE 42 Appointment of agent 78.
RULE 42A Leave to be represented by person who is not a barrister or solicitor 78.
RULE 43 Notice 78.
RULE 44 Native Title Registrar application to Court for order as to notice 78.
RULE 45 Overlapping applications 78.
RULE 46 Court may order adjournment for the purpose of agreement between parties 78.
RULE 47 Agreements regarding the practical outcomes of a native title determination
FEDERAL COURT RULES
Order 80 Court appointed referral for legal assistance
80.
RULE 1 Interpretation 80.
RULE 2 Definitions 80.
RULE 3 Pro Bono Panel 80.
RULE 4 Referral to a legal practitioner 80.
RULE 5 Kind of assistance 80.
RULE 6 Provision of assistance by legal practitioner 80.
RULE 7 Cessation of assistance 80.
RULE 8 Application for leave 80.
RULE 9 Professional fees 80.
RULE 10 Disbursements
FEDERAL COURT RULES
Order 81 Human rights proceedings
81.
RULE 1 Citation 81.
RULE 2 Definitions for Order 81 81.
RULE 3 Expressions used in the Human Rights Act 81.
RULE 4 Application of Order 81 81.
RULE 5 Commencement of proceeding 81.
RULE 6 Copy of application to be given to Commission 81.
RULE 7 Defence to an application — Form 168 81.
RULE 8 Appearance by special-purpose Commissioner 81.
RULE 9 Conduct of proceeding by tutor
FEDERAL COURT RULES
Order 82 Federal Magistrates Court
FEDERAL COURT RULES
Division 1 Transfer of proceedings from the Federal Magistrates
Court
82.
RULE 1 Transfer of a proceeding from the Federal Magistrates Court to the Court 82.
RULE 2 Filing and service 82.
RULE 3 Conduct of a transferred proceeding
FEDERAL COURT RULES
Division 2 Transfer of proceedings to the Federal Magistrates Court
82.
RULE 4 Definitions 82.
RULE 5 Application for transfer by a party 82.
RULE 6 Transfer on Court's own motion 82.
RULE 7 Factors to be considered 82.
RULE 8 Proceedings transferred to the Federal Magistrates Court
FEDERAL COURT RULES
Order 83 Aboriginal Councils and Associations Act 1976
83.
RULE 1 Interpretation 83.
RULE 2 Exercise of powers by Registrars
FEDERAL COURT RULES
Numerical Table of Forms
FEDERAL COURT RULES
Schedule 1 Forms
FEDERAL COURT RULES
Schedule 2 Scale of costs for work done and services performed
FEDERAL COURT RULES
Schedule 3 Powers and functions of the Court that may be exercised by a Registrar if the Court or a Judge directs (Bankruptcy Act)
FEDERAL COURT RULES
Schedule 4 Powers and functions of the Court that may be exercised by a Registrar if the Court or a Judge directs (Native Title Act)
FEDERAL COURT RULES
Notes to the Federal Court Rules
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