Federal Magistrates Court Rules 2001

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Statutory Rules 2001 No. 195 as amended up to SR 2008 No.10.¹

Contents

Chapter 1 All proceedings,

Part 1 Introduction,

1.01 Name of Rules [See Note1]
1.02 Commencement,
1.03 Objects,
1.04 Dictionary,
1.05 Application,
1.06 Court may dispense with rules,

Part 2 Documents

Division 2.1 General

2.01 Requirements for documents,
2.02 Document must have distinctive number,
2.03 Document to be signed,
2.04 Forms

Division 2.2 Filing documents

2.05 How documents may be filed,
2.06 Registrar may refuse to accept document,
2.07 Filing by fax or e-mail

Division 2.3 Searching records

2.08 Searching records,

Part 3 Sittings, registry hours and time

Division 3.1 Sittings, holidays and registry hours

3.01 Sittings,
3.02 Registry hours

Division 3.2 Time

3.03 Meaning of month,
3.04 Calculating time,
3.05 Extension or shortening of time fixed,

Part 4 Starting proceedings,

4.01 Application,
4.02 Content of application,
4.03 Response to application,
4.04 Content of response,
4.05 Affidavit to be filed with application or response,
4.07 Reply in certain circumstances,
4.08 Application in a case,

Part 5 Urgent applications,

5.01 Urgent application,
5.02 Form of application,
5.03 Evidence,

Part 6 Service

Division 6.1 General

6.01 Address for service,
6.02 Change of address for service,
6.03 Service of documents,
6.04 Court's discretion in relation to service,
6.05 Affidavit of service

Division 6.2 Service by hand in particular cases

6.06 When is service by hand required,
6.07 Service by hand,
6.08 Service by hand on a corporation, unincorporated association or organisation,
6.09  Service of application on unregistered business,
6.10  Service of application on partnership

Division 6.3 Ordinary service

6.11 Service other than by hand,
6.12 When service is effected by post,
6.13 Special requirements for service by fax

Division 6.4 Substituted service and dispensing with service

6.14 Substituted service,
6.15 Matters to be taken into account,
6.16 Failure to comply with condition

Division 6.5 Time for service

6.17 General time limit,
6.18 Time for service of subpoena,
6.19 Time for service of applications,

Part 7 Amendment

Division 7.1 General

7.01 Power to amend,
7.02 Who may be required to make amendment

Division 7.2 General federal law proceedings

7.03 Amendment after limitation period,

Part 8 Transfer of proceedings,

8.01 Change of venue,
8.02 Transfer to Federal Court or Family Court,
8.03 Proceeding transferred to Federal Court or Family Court,
8.04 Proceeding transferred from Federal Court or Family Court,
8.05 Proceeding transferred from Federal Court or Family Court,

Part 9 Lawyers,

9.01 Change between acting in person and by lawyer,
9.02 Change of lawyer,
9.03 Withdrawal as lawyer,
9.04 Corporation must be represented,

Part 10 How to conduct proceedings

Division 10.1 First court date

10.01 Directions and orders,
10.02  Adjournment of first court date,
10.03  Fixing date for final hearing

Division 10.2 Dispute resolution

10.04 Agreement reached by dispute resolution,
10.05 Conciliation conference

Division 10.3  Notice of constitutional matter

10.06 Party to file notice of constitutional matter,

Part 11 Parties and litigation guardians

Division 11.1 Parties

11.01 Necessary parties,
11.02 Party may include another person as a party,
11.03 Person may apply to be included,
11.04 Party may apply to be removed,
11.05 Court may order notice to be given,
11.06 Intervention by Attorney-General,
11.07 Child to whom state welfare law applies

Division 11.2 Litigation guardian

11.08 Person who needs a litigation guardian,
11.09 Starting, continuing, defending or inclusion in proceeding,
11.10 Who may be a litigation guardian,
11.11 Appointment of litigation guardian,
11.12 Authorised persons,
11.13 Notice of becoming litigation guardian,
11.14 Costs and expenses of litigation guardian,
11.15 Service,

Part 12 Referral by Court for legal assistance,

12.01 Object of Part,
12.02 Pro bono panel,
12.03 Referral to a lawyer,
12.03A Further direction,
12.04 Kind of assistance,
12.05 Provision of assistance by lawyer,
12.06 Application for leave,
12.07 Professional fees and disbursements,

Part 13 Ending a proceeding early

Division 13.1 Discontinuance and default

13.01 Discontinuance,
13.02 Costs,
13.03 Default in taking required step etc,
13.03A Default of appearance of a party,
13.03B Default of appearance of both parties,
13.03C Court's powers in relation to contempt etc not effected

Division 13.2 Consent orders

13.04 Application for order by consent,
13.05 Additional information

Division 13.3 Summary disposal and stay

13.07 Disposal of summary judgment,
13.08 Residue of proceeding,
13.09 Application,
13.10 Disposal of summary dismissal,
13.11 Vexatious litigants,

Part 14 Disclosure

Division 14.1 Answers to specific questions

14.01 Declaration to allow specific questions

Division 14.2 Obligation to disclose

14.02 Declaration to allow discovery,
14.03 Affidavit of documents,
14.04 Production of documents to Court,
14.05 Claim for privilege,
14.06 Order for particular disclosure,
14.07 Inspection of documents,
14.08 Copies of documents inspected,
14.09 Documents not disclosed or produced,
14.10 Documents referred to in document or affidavit,
14.11 Use of documents,

Part 15 Evidence

Division 15.1 General

15.01 Court may give directions,
15.02 Evidence if there is a child representative,
15.03 Decisions without oral hearing,
15.04  Court may call evidence,
15.05 Hearsay evidence - notice under section 67 of the Evidence Act 1995,
15.06 Transcript receivable in evidence

Division 15.2  Expert evidence

15.06A Definition,
15.07 Duty to Court and form of expert evidence,
15.08 Expert evidence for 2 or more parties,
15.09 Court expert,
15.10 Report of court expert,
15.11 Remuneration and expenses of court expert,
15.12 Further expert evidence

Division 15.3 Subpoenas and notices to produce

15.13A Definitions for Division 15.3,
15.13 Issue of subpoena,
15.14 Time limits,
15.15 Limit on number of subpoenas,
15.16 Service,
15.17 Conduct money,
15.17A Undertaking not to require compliance with subpoena,
15.18 Setting aside subpoena,
15.19 Order for cost of complying with subpoena,
15.20 Cost of complying with subpoena if not a party,
15.21 Production by person not a party,
15.22 Order for inspection,
15.23 Compliance with subpoena,
15.24 Notice to produce

Division 15.4 Affidavits

15.25 Form of affidavit,
15.26 Making an affidavit,
15.27 Affidavit of illiterate or blind person etc,
15.28 Documents annexed or exhibited,
15.29 Objectionable material may be struck out,
15.29 A Use of affidavit without cross-examination of maker

Division 15.5 Admissions

15.30 Admission,
15.31 Notice to admit facts or document,

Part 16 Judgments and orders,

16.01 Court may make any judgment or order,
16.02 Date of effect,
16.03 Time for compliance,
16.04 Fines,
16.05 Setting aside,
16.06 Undertakings,
16.07 When must an order be entered,
16.08 Entry of orders,

Part 17 Separate decision on question,

17.01 Definition,
17.02 Order for decision,
17.03 Separate question,
17.04 Orders, directions on decision,
17.05 Disposal of proceeding,

Part 18 Referral of matter to officer of Court,

18.01 Court may refer matter,

Part 19 Contempt,

19.01 Contempt in the face or hearing of Court,
19.02 Contempt other than in the face or hearing of Court,

Part 20 Registrars' power,

Division 20.1 Delegation of powers to Registrars

20.00A Delegation of powers to Registrars,

Division 20.2 Review of exercise of Registrars' powers

20.01 Time for application for review,
20.02 Application for review,
20.03 Procedure for review,

Part 21 Costs

Division 21.1 Security for costs

21.01 Security for costs

Division 21.2 Orders for costs

21.02  Order for costs,
21.03 Determination of maximum costs,
21.04 Costs reserved,
21.05 Costs if proceedings transferred,
21.07 Order for costs against lawyer,
21.08 Interest on outstanding costs

Division 21.3  Costs and disbursements

Subdivision 21.3.1 General

21.09 Application,
21.10 Costs and disbursements,
21.11 Taxation of costs,
21.12 Expenses for attendance by witness,
21.13 Expenses for preparation of report by expert,
21.14 Solicitor as advocate,
21.15 Advocacy certificate,
21.16 Counsel as advocate,

Chapter 2 Family law and child proceedings,

Part 22 General,

22.01 Rate of interest,

Part 23 Family counselling and family dispute resolutionn

Division 23.1 Family counselling, family dispute resolution and family reports

23.01A Family reports,
23.01 Report after family counselling or family dispute resolution

Division 23.2 Family dispute resolution

23.02 Referral for family dispute resolution,

Part 24 Financial matters,

24.01 Application of Part,
24.01A Interpretation,
24.02 Financial statement,
24.03 Full and frank disclosure,
24.04 Production of documents (proceeding other than for maintenance only),
24.05 Production of documents (proceedings for maintenance only),
24.06 Amendment of financial statement,
24.07 Service of application or order for superannuation interest,

Part 25 Divorce

Division 25.1 Application

25.01 Application for divorce order,
25.02 Service of application,
25.03 Additional requirements for service by post,
25.04 Acknowledgment of service,
25.05 Affidavit of service,
25.06 Evidence of service,
25.07 Evidence of signature and identity of person served

Division 25.2 Response

25.08 Response,
25.10 Time for filing response

Division 25.3 Attendance at hearing

25.11 Attendance at hearing by electronic communication,
25.12 Failure to attend hearing

Division 25.4 Hearing in absence of parties

25.13 Seeking a hearing in absence of parties,
25.14 Hearing in absence of parties - joint application,
25.15 Request not to hear case in parties' absence

Division 25.5 Events affecting divorce order

25.16 Application for rescission of divorce order,
25.17 Discontinuance of application,
25.18 Death of party,

Part 25A Child support and child maintenance,

25A.01 Application of Part 25A,
25A.02 Commencing proceedings,
25A.03 Documents to be filed with applications,
25A.04 Child support agreements,
25A.05 Appeals from the SSAT or Child Support Registrar,
25A.06 Time limits,
25A.07 Service of application or notice of appeal,
25A.08 Evidence to be provided,

Part 25B Enforcement

Division 25B.1 Applications for contravention of orders

25B.01 Application of Division 25B.1,
25B.02 How to apply for an order,
25B.03 Failure of respondent to attend,
25B.04 Procedure at hearing

Division 25B.2 Enforcement of obligations

25B.05 Application of Order 33 of Family Law Rules 1984

Division 25B.3 Location and recovery orders

25B.06 Application of Division 25B.3,
25B.07 Application for order under Division 25B.3,
25B.08 Service of recovery order,
25B.09 Application for directions for execution of recovery order

Division 25B.4 Warrants for arrest

25B.10 Application for warrant,
25B.11 Execution of warrant,
25B.12 Duration of warrant,
25B.13 Procedure after arrest,
25B.14 Application for release or setting aside warrant,

Chapter 3 Proceedings other than family law or child support,

Part 26 General,

26.01 Rate of interest,

Part 27 Dispute resolution,

Division 27.1 General

27.01 Proceeding referred to mediator or arbitrator,
27.02  Adjournment of proceeding,
27.03  Court may end mediation or arbitration,

Division 27.2 Mediation

27.04  Nomination of mediator,
27.05  Mediation conference,
27.06  Mediator may end mediation

Division 27.3 Arbitration

27.07 Appointment of arbitrator,

Part 28 Cross-claims,

28.01 Cross-claim against applicant,
28.02  Cross-claim after application,
28.03  Cross-claim against additional party,
28.04  Cross-claim to be included in response,
28.05  Response to cross-claim,
28.06  Conduct of cross-claim,
28.07  Exclusion of cross-claim,
28.08  Cross-claim after judgment etc,
28.09  Judgment for balance,
28.10  Stay of claim,
28.11  Cross-claim for contribution or indemnity,
28.12  Offer of contribution,

Chapter 5 Human rights proceedings,

Part 41 Proceedings alleging unlawful discrimination,

41.01 Application of Chapter,
41.02 Interpretation,
41.02A Form of application,
41.03 Copy of application to be given to Commission,
41.04 Form response to application,
41.05 Appearance by special-purpose Commissioner,

Chapter 6 Judicial review proceedings and administrative appeals,

Part 42 Proceedings under Administrative Decisions (Judicial Review) Act,

42.01 Application of Part,
42.02 Application for order of review,
42.03 Documents to be filed,
42.04 Notice of objection to competency,

Part 43 Appeals from Administrative Appeals Tribunal,

43.01 Application of Part,
43.02 Stay,
43.03 Amendment by supplementary notice,
43.04 Notice of cross-appeal and contention,
43.05 Directions,
43.06 Preparation of appeal papers,

Part 44 Proceedings under the Migration Act 1958

Division 44.1 Preliminary

44.01 Definitions for Part 44,
44.02 Application of Part 44,
44.03 Application of Chapters 1 and 3,

Division 44.2 Matters commenced in the Court

44.04 Application of Division 44.2,
44.05 Application for order to show cause,
44.06 Response to application,

Division 44.3 Matters remitted by the High Court

44.07 Application of Division 44.3,
44.08 Filing of order of remittal,
44.09 Service of notice and order

Division 44.4 General

44.10 Stay of proceedings,
44.11 First court date,
44.12 Show cause hearing,
44.13 Relief and grounds,
44.14 Writs,
44.15 Costs,

Schedule 1 Costs,

Schedule 3 Family Law Rules and Federal Court Rules applied,

Part 1 Family Law Rules,
Part 2 Federal Court Rules,

Schedule 5 Notes to these Rules,

Dictionary,

Notes

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