FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220)
Table of Provisions
CHAPTER 1--All proceedings
PART 1--INTRODUCTION
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
- 2.08 Filing by electronic communication
- 2.09 Other requirements for filing by electronic communication
Division 2.3--Custody and inspection of documents
- 2.10 Custody of documents
- 2.11 Inspection of documents
Division 2.4--Seal and stamp of Court
- 2.12 Use of seal of Court
- 2.13 Stamp of Court
- 2.14 Methods of attaching the seal or stamp
PART 3--SITTINGS, REGISTRY HOURS AND TIME
Division 3.1--Sittings, holidays and 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
Division 4.1--General
- 4.01 Application
- 4.02 Content of application
- 4.03 Response to application
- 4.04 Affidavit to be filed with application or response
- 4.05 Reply in certain circumstances
- 4.06 Application in a proceeding
Division 4.2--Rules for proceedings if Civil Dispute Resolution Act applies
- 4.07 Applicant's genuine steps statement
- 4.08 Respondent's genuine steps statement
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
- 6.06 When is service by hand required
- 6.07 Service by hand on an individual
- 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
- 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
- 7.01 Power to amend
- 7.02 Who may be required to make an amendment
- 7.03 Amendment after limitation period
PART 8--TRANSFER OF PROCEEDINGS
- 8.01 Change of venue
- 8.02 Transfer to Federal Court
- 8.03 Proceeding transferred to Federal Court
- 8.04 Proceeding transferred from Federal 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
Division 11.2--Litigation guardian
- 11.07 Person who needs a litigation guardian
- 11.08 Starting, continuing, defending or inclusion in proceeding
- 11.09 Who may be a litigation guardian
- 11.10 Appointment of litigation guardian
- 11.11 Manager of the affairs of a party
- 11.12 Notice of becoming litigation guardian
- 11.13 Costs and expenses of litigation guardian
- 11.14 Service
PART 12--COURT REFERRAL FOR LEGAL ASSISTANCE
- 12.01 Referral for legal assistance
- 12.02 A party has no right to apply for a referral
- 12.03 Acceptance of referral and provision of legal assistance
- 12.04 Ceasing to provide legal assistance
PART 13--ENDING A PROCEEDING EARLY
Division 13.1--Discontinuance
Division 13.2--Order or judgment on default
- 13.03 Definitions for Division 13.2
- 13.04 When a party is in default
- 13.05 Orders on default
- 13.06 Default of appearance of a party
- 13.07 Court's powers in relation to contempt etc. not affected
Division 13.3--Consent orders
- 13.08 Application for order by consent
- 13.09 Additional information
Division 13.4--Summary disposal and stay
- 13.10 Disposal by summary judgment
- 13.11 Residue of proceeding
- 13.12 Application
- 13.13 Disposal by summary dismissal
- 13.14 Certificate of vexatious proceedings order
- 13.15 Application for leave to institute proceedings
- 13.16 Dormant proceedings
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 Decisions without oral hearing
- 15.03 Court may call evidence
- 15.04 Transcript receivable in evidence
Division 15.2--Expert evidence
- 15.05 Definitions for Division 15.2
- 15.06 Duty to Court and form of expert evidence
- 15.07 Expert evidence for 2 or more parties
- 15.08 Court expert
- 15.09 Report of court expert
- 15.10 Remuneration and expenses of court expert
- 15.11 Further expert evidence
Division 15.3--Affidavits
- 15.12 Form of affidavit
- 15.13 Making an affidavit
- 15.14 Affidavit of illiterate or vision impaired person etc
- 15.15 Documents annexed or exhibited
- 15.16 Objectionable material may be struck out
- 15.17 Use of affidavit without cross-examination of maker
Division 15.4--Admissions
- 15.18 Admission
- 15.19 Notice to admit facts or documents
PART 16--SUBPOENAS AND NOTICES TO PRODUCE
Division 16.1--General
- 16.01 Issue of subpoena
- 16.02 Documents and things in possession of another court
- 16.03 Time limits
- 16.04 Limit on number of subpoenas
- 16.05 Service
- 16.06 Conduct money
- 16.07 Undertaking not to require compliance with subpoena
- 16.08 Setting aside subpoena
- 16.09 Order for cost of complying with subpoena
- 16.10 Cost of complying with subpoena if not a party
Division 16.2--Production of documents and access by parties
- 16.11 Application of Division 16.2
- 16.12 Right to inspection of document
- 16.13 Objection to production or inspection or copying of document
- 16.14 Subpoena for production of documents or things
- 16.15 Failure to comply with subpoena
Division 16.3--Notices to produce
PART 17--JUDGMENTS AND ORDERS
- 17.01 Court may make any judgment or order
- 17.02 Date of effect
- 17.03 Time for compliance
- 17.04 Fines
- 17.05 Setting aside or varying judgments or orders
- 17.06 Undertakings
- 17.07 When must an order be entered
- 17.08 Entry of orders
PART 18--SEPARATE DECISION ON QUESTION
PART 19--REFERRAL OF MATTER TO OFFICER OF COURT
- 19.01 Court may refer matter
PART 20--CONTEMPT
- 20.01 Contempt in the face or hearing of Court
- 20.02 Contempt other than in the face or hearing of Court
PART 21--REGISTRARS' POWERS
Division 21.1--Delegation of powers to Registrars
- 21.01 Delegation of powers to Registrars
Division 21.2--Review of exercise of Registrars' powers
- 21.02 Time for application for review
- 21.03 Application for review
- 21.04 Procedure for review
PART 22--COSTS
Division 22.1--Security for costs
Division 22.2--Orders for costs
- 22.02 Order for costs
- 22.03 Determination of maximum costs
- 22.04 Costs reserved
- 22.05 Costs if proceedings transferred
- 22.06 Order for costs against lawyer
- 22.07 Interest on outstanding costs
Division 22.3--Costs and disbursements
- 22.08 Application of Division 22.3
- 22.09 Costs and disbursements
- 22.10 Taxation of costs
- 22.11 Expenses for attendance by witness
- 22.12 Expenses for preparation of report by expert
- 22.13 Solicitor as advocate
- 22.14 Advocacy certificate
- 22.15 Counsel as advocate
PART 23--DISPUTE RESOLUTION
Division 23.1--General
- 23.01 Proceeding referred to mediator or arbitrator
- 23.02 Adjournment of proceeding
- 23.03 Court may end mediation or arbitration
Division 23.2--Mediation
- 23.04 Nomination of mediator
- 23.05 Mediation conference
- 23.06 Mediator may end mediation
Division 23.3--Arbitration
- 23.07 Appointment of arbitrator
PART 24--CROSS-CLAIMS
- 24.01 Cross-claim against applicant
- 24.02 Cross-claim after application
- 24.03 Cross-claim against additional party
- 24.04 Cross-claim to be included in response
- 24.05 Response to cross-claim
- 24.06 Conduct of cross-claim
- 24.07 Exclusion of cross-claim
- 24.08 Cross-claim after judgment etc
- 24.09 Judgment for balance
- 24.10 Stay of claim
- 24.11 Cross-claim for contribution or indemnity
- 24.12 Offer of contribution
PART 25--ENFORCEMENT
- 25.01 Definitions for Part 25
- 25.02 Application without notice for directions
- 25.03 Condition precedent not fulfilled
- 25.04 Application for stay of judgment or order
- 25.05 Failure to comply with Court order
- 25.06 Failure to attend Court in response to subpoena or order
- 25.07 Endorsement on order
- 25.08 Service of order
- 25.09 Application where person fails to comply with order
- 25.10 Substituted performance
- 25.11 Execution generally
- 25.12 Stay of execution
CHAPTER 2--Human rights proceedings
PART 26--PROCEEDINGS ALLEGING UNLAWFUL DISCRIMINATION
- 26.01 Application of Chapter 2
- 26.02 Interpretation
- 26.03 Form of application
- 26.04 Copy of application to be given to Commission
- 26.05 Form of response to application
- 26.06 Appearance by special-purpose Commissioner
CHAPTER 3--Judicial review proceedings and administrative appeals
PART 27--JUDICIAL REVIEW
- 27.01 Application of Part 27
- 27.02 Application for order of review
- 27.03 Application for extension of time
- 27.04 Documents to be filed and served
- 27.05 Service
- 27.06 Notice of objection to competency
PART 28--ADMINISTRATIVE APPEALS TRIBUNAL
Division 29.1--Preliminary
Division 29.2--Matters started in the Court
- 29.04 Application of Division 29.2
- 29.05 Application for judicial review of migration decision
- 29.06 Response to application for judicial review of migration decision
Division 29.3--Matters remitted by the High Court
- 29.07 Application of Division 29.3
- 29.08 Filing of order of remittal
- 29.09 Service of notice and order
Division 29.4--General
CHAPTER 4--Fair Work Division
PART 30--PROCEEDINGS IN THE FAIR WORK DIVISION
Division 30.1--General
Division 30.2--Contraventions of the Fair Work Act
- 30.04 Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, subsection 539(2), table item 11)
- 30.05 Application in relation to alleged unlawful termination of employment (Fair Work Act, subsection 539(2), table item 35)
- 30.06 Application in relation to other alleged contraventions of the Fair Work Act general protections
- 30.07 Application in relation to other alleged contraventions of the Fair Work Act
Division 30.3--Contraventions of the Registered Organisations Act
- 30.08 Application in relation to taking a reprisal (Registered Organisations Act, section 337BB)
Division 30.4--Small claims
- 30.09 Definitions for Division 30.4
- 30.10 Small claims procedure
- 30.11 Starting proceedings
- 30.12 Lawyers--Fair Work Act small claims proceeding
- 30.13 Representation for corporations--Fair Work Act small claims proceeding
Division 30.5--Dispute resolution
- 30.14 Mediation--Fair Work Act and Registered Organisations Act proceedings
Division 30.6--Proceedings under the Building and Construction Industry Act
- 30.15 Applications for orders etc. under the Building and Construction Industry Act
CHAPTER 5--Proceedings under the National Consumer Credit Protection Act
PART 31--SMALL CLAIMS APPLICATION UNDER THE NATIONAL CONSUMER CREDIT PROTECTION ACT
- 31.01 Definitions for Part 31
- 31.02 Small claims proceeding--National Consumer Credit Protection Act
- 31.03 Starting a National Consumer Credit Protection Act small claims proceeding
- 31.04 Lawyers--National Consumer Credit Protection Act small claims proceeding
- 31.05 Representation for corporations--National Consumer Credit Protection Act small claims proceeding
