5210LAW Lecture Notes - Lecture 8: Judiciary Act 1903, Flight Controller, Australia Act 1986
1. FEDERAL COURT PRACTICE AND PROCEDURES
1.1. Procedure Federal Court
- Main source - Federal Court Rules 2011.
- Also - Civil Dispute Resolution Act 2011 (Cth)
- Where a matter is not dealt within Federal Court Rules, s38(2) of the Federal Court
of Australia Act 1976 (Cth) provides that the Rules of the High Court apply.
1.2. Before Commencement
-Civil Dispute Resolution Act 2011 (Cth)
oEncourages parties to take ‘genuine steps to resolve a dispute’ before
commencing action
oRequires party commencing proceedings to file a ‘genuine steps statement’
– r 8.02 FCR.
oExample of genuine steps:
Notifying other side of issues in dispute and offering to discuss (s
4(1)(a) CDRA)
Exchange of relevant information (s 4(1)(c) CDRA)
Holding ‘meet and confer’, negotiation or mediation (s 4(1)(d)-(g)
CDRA)
oIf not complied with = possible adverse costs
1.3. Commencing Proceedings
- All actions in Fed Ct commenced by filing an application. r 8.01
oIdentifies parties and the relief sought.
oIf relief depends upon a provision of an Act, the application must specify the
Act and the provision.
oForm of application contains a notice to respondents that they are required
to attend at a directions hearing.
- When application is filed, the District Registrar will insert a time and date for a
directions hearing.
- It is not sufficient to simply file the initiating proceeding (the application.) A
statement of claim, or an affidavit in support of the application must be filed at the same
time (r 8.05).
- Apart from cases in which a party is seeking interlocutory relief, it is usual for an
application to be accompanied by a statement of claim.
- Applicant must serve application and SOC/affidavit on all respondents not less than
five days prior to the date for the directions hearing (r 8.06).
- Service is by means of personal service.
- Ideally, prior to the directions hearing, a respondent files a Notice of Appearance in
the Court.
1.4. Right of Audience
- Confined in Fed Ct to practitioners who are on the High Court list (Judiciary Act
1903, s.55A).
oA person who is not on the High Ct list cannot recover professional costs
when acting in relation to a matter in the Federal Ct.
oPersons not on the HC list, (eg articled clerks) have no right of appearance in
the Fed Court, even in relation to procedural matters.
- To have name entered on list – must be entitled to practice in Supreme Court of
State or Territory.
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Document Summary
Also - civil dispute resolution act 2011 (cth) Where a matter is not dealt within federal court rules, s38(2) of the federal court of australia act 1976 (cth) provides that the rules of the high court apply. Encourages parties to take genuine steps to resolve a dispute" before commencing action o. Requires party commencing proceedings to file a genuine steps statement". Notifying other side of issues in dispute and offering to discuss (s. Holding meet and confer", negotiation or mediation (s 4(1)(d)-(g) If not complied with = possible adverse costs o. All actions in fed ct commenced by filing an application. r 8. 01 o. If relief depends upon a provision of an act, the application must specify the o. Form of application contains a notice to respondents that they are required to attend at a directions hearing. When application is filed, the district registrar will insert a time and date for a.
