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Federal Court Amendment Rules 2000 (No 2)

Authoritative Version
  • - F2001B00553
  • No longer in force
SR 2000 No. 54 Rules/Court & Tribunal Rules as made
These Rules amend the Federal Court Rules.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR09-May-2000
Tabled Senate09-May-2000
Gazetted 20 Apr 2000
Date of repeal 01 Aug 2011
Repealed by Federal Court Rules 2011
Table of contents.

Federal Court Amendment Rules 2000 (No. 2)

Statutory Rules 2000 No. 54

We, Judges of the Federal Court of Australia, make the following Rules of Court under the Federal Court of Australia Act 1976.

Dated 14 April 2000

M.E.J. BLACK C.J.

J.F. GALLOP J.

B.A. BEAUMONT J.

M.R. WILCOX J.

J.E.J. SPENDER J.

J.A. MILES J.

D.M. RYAN J.

R.S. FRENCH J.

M.R. EINFELD J.

M.c. lee j.

J.W. von DOUSSA J.

D.G. HILL J.

M.F. O’LOUGHLIN J.

D.F. O’CONNOR J.

T.J. HIGGINS J.

P.C. HEEREY J.

D.P. DRUMMOND J.

R.E. COOPER J.

A.P. WHITLAM J.

C.J.S.M. CARR J.

M.F. MOORE J.

C.M. BRANSON J.

J.H. MATHEWS J.

K.E. LINDGREN J.

B.J.M. TAMBERLIN J.

S.M. KIEFEL J.

R.D. NICHOLSON J.

P.D. FINN J.

R.A. SUNDBERG J.

J.R.F. LEHANE J.

A.M. NORTH J.

R.N. MADGWICK J.

R. MERKEL J.

J.R. MANSFIELD J.

A.H. GOLDBERG J.

A.R. EMMETT J.

R.A. FINKELSTEIN J.

M.S. WEINBERG J.

J.A. DOWSETT J.

L.S. KATZ J.

P.G. HELY J.

R.V. GYLES J.

Judges of the Federal

Court of Australia

W.G. SODEN

Registrar

 


Federal Court Amendment Rules 2000 (No. 2)1

Statutory Rules 2000 No. 542

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Rules                                                                  2

                        2  Commencement                                                                2

                        3  Amendment of Federal Court Rules                                    2

Schedule 1           Amendments                                                                    3

 


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1              Name of Rules

                These Rules are the Federal Court Amendment Rules 2000 (No. 2).

2              Commencement

                These Rules commence on gazettal.

3              Amendment of Federal Court Rules

                Schedule 1 amends the Federal Court Rules.


Schedule 1        Amendments

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(rule 3)

[1]         After Order 51A

insert

Order 51B          Referral of petition under Commonwealth Electoral Act 1918, s 354

1              Interpretation

                In this Order:

Electoral Act means the Commonwealth Electoral Act 1918.

member means a member of the House of Representatives.

2              Expressions used in the Electoral Act

                Unless the contrary intention appears, an expression used in this Order and in the Electoral Act has the same meaning in this Order as it has in the Electoral Act.

3              Application

         (1)   This Order applies to:

                (a)    a petition referred for trial under subsection 354 (1) of the Electoral Act; and

               (b)    a part of a petition, in respect of an election or return, referred under subsection 354 (3) of that Act.

         (2)   The other Orders of these Rules apply, so far as they are relevant and not inconsistent with this Order, in relation to a petition, or part of a petition, mentioned in subrule (1).

4              Filing

         (1)   A sealed copy of the High Court’s order referring a petition, or part of a petition, to the Court must be filed in the District Registry named in the order.

         (2)   If the order does not name a District Registry, the order must be filed in:

                (a)    if the election or return that the petition seeks to invalidate relates to a Senator — a District Registry in the State or Territory for which the election was held; or

               (b)    if the election or return that the petition seeks to invalidate relates to a member — a District Registry in the State or Territory where the electoral division for which the member was elected or returned is located.

5              Service and directions hearing

         (1)   The Registrar must serve on each party and on any person whom the Court or a Judge directs should be served:

                (a)    a copy of the High Court’s order; and

               (b)    notice of the date for a directions hearing in the matter.

         (2)   The notice must be in accordance with Form 53B.

6              Directions and orders

         (1)   The Court may give directions, and make orders, necessary for the conduct, or further conduct, of the proceeding.

         (2)   In giving directions, the Court must have regard to the provisions of Order 10.

7              Particulars of votes claimed or objected to

         (1)   If a petition claims a seat for a person who has not been returned as a Senator or member and alleges that the person had a majority of valid votes, each party must file in the Registry, and deliver to each other party, a list of the ballot-papers or classes of ballot-papers intended to be claimed or objected to.

         (2)   However, this rule does not apply if the petition merely claims a fresh count of the votes actually counted at the election.

         (3)   The list of ballot-papers or classes of ballot-papers intended to be claimed or objected to must be filed in the Registry, and be delivered to each other party at that party’s address for service, at least 7 days before the day for the trial of the petition.

         (4)   If the list includes ballot-papers that are objected to, it must state the grounds of objection on which the party intends to rely.

         (5)   An objection can not be entertained against the validity of a ballot-paper on a ground not specified in the list except:

                (a)    with the leave of the Court or a Judge; and

               (b)    on any terms as to amendment of the list, adjournment of the trial and payment of costs, as the Court or Judge orders.

8              Counter-charges

         (1)   This rule applies if:

                (a)    a petition claims a seat for a person who has not been returned as a Senator or member; and

               (b)    a respondent wishes to contend that the person for whom the seat is claimed was not duly elected based on a ground other than that the respondent had a majority of valid votes.

         (2)   The respondent must file in the Registry and deliver to the petitioner a statement of the ground on which the respondent intends to rely.

         (3)   The statement must:

                (a)    be filed and served within 7 days (or any further time as the Court or a Judge allows) after the respondent enters his or her appearance; and

               (b)    in relation to the ground relied on, and the relief sought, comply with paragraphs 355 (aa) and (b) of the Electoral Act, as if it were a petition.

Note 1   Paragraphs 355 (aa) and (b) of the Electoral Act state:

‘(aa)    subject to subsection 358 (2), set out those facts with sufficient particularity to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief;

(b)        contain a prayer asking for the relief the petitioner claims to be entitled to;’.

Note 2   Subsection 358 (2) of the Electoral Act (which provides for the Court to relieve a petitioner from compliance with paragraph 355 (aa)) does not apply to a respondent.

9              Particulars

                The Court or a Judge may order a party to give further and better particulars of a matter alleged by the party to another party.

10            Trial

         (1)   Not later than 14 days (or any other period fixed by the Court or a Judge) before the date fixed for the trial, the petitioner must:

                (a)    give to each other party to the petition notice of the trial in accordance with Form 53C; and

               (b)    advertise notice of the time, date and place of the trial in a newspaper circulating in the State, Territory or Electoral Division for which the election was held.

         (2)   An order fixing the time, date and place for trial may be varied.

11            Withdrawal of petition and substitution of another petitioner

         (1)   A petition referred to the Court may be withdrawn:

                (a)    with the leave of the Court or a Judge; and

               (b)    on any terms the Court or Judge thinks fit.

         (2)   The petitioner’s intention to apply for leave under subrule (1) must be advertised, in a newspaper circulating in the State, Territory or Electoral Division for which the election was held, not later than 14 days before the application is filed.

         (3)   At the hearing of the application, the Court or Judge may allow a person who is competent to file a petition on the same grounds as the applicant’s to be substituted for the petitioner in the petition proceeding.

         (4)   If a person is so substituted, the proceeding must be continued as if the person was the original petitioner.

12            Abatement by death of petitioner

         (1)   If a sole petitioner in a petition referred to the Court for trial dies before the conclusion of the trial of the petition, the Court or a Judge may allow a person who is competent to file a petition on the same grounds as the original petitioner’s to be substituted as petitioner.

         (2)   If a person is so substituted, the proceeding must be continued as if the person was the original petitioner.

[2]         After Form 53A

insert

Form 53B   Notice of directions hearing (petition)

(Order 51B, rule 5)

Referred from the High Court of Australia

                                                              BETWEEN:   

A.B.

Petitioner

AND:                                                                       C.D.

                                                                            Respondent

NOTICE OF DIRECTIONS HEARING (PETITION)

To (party)

(address for service of party)

This petition (or part of this petition) has been referred to the Federal Court of Australia by the accompanying order of the High Court of Australia.

The matter has been set down for the time and place stated below.  If you or your legal representative do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence.  As soon after the time mentioned as the business of the Court will allow, any of the following may happen:

(a)      the application may be heard;

(b)      directions may be given for the further conduct of the proceeding;

(c)      any application for interlocutory relief may be heard.

Before any attendance at Court, you must file an appearance in the Registry.

Time and date: (to be entered by Registry unless fixed by Court)

Place: (address of Court)

Date of notice:

……………………………

(signed, Registrar)

Form 53C   Notice of date for trial (petition)

(Order 51B, rule 10)

Referred from the High Court of Australia

                                                              BETWEEN:   

A.B.

Petitioner

AND:                                                                       C.D.

                                                                            Respondent

NOTICE OF DATE FOR TRIAL (PETITION)

To (party)

(address for service of party)

Take notice that the date, time and place for trial of this proceeding are as specified below.

Date:

Time:

Place: (address of Court)

Date of notice:

……………………………

(signature of notifying party
or party’s solicitor)


Notes

1.       These Rules amend Statutory Rules 1979 No. 140, as amended by 1980 No. 87; 1982 Nos. 217 and 408; 1983 No. 264; 1984 Nos. 9 and 258; 1985 Nos. 16, 97, 168 and 227; 1986 Nos. 61, 157 and 324; 1987 Nos. 73, 174 and 197; 1988 Nos. 14, 54, 144, 217 and 306; 1989 Nos. 50, 253 and 318; 1990 Nos. 72, 102, 276, 319, 414 and 453; 1991 Nos. 70, 249, 395 and 461; 1992 Nos. 43, 44, 86, 87, 186, 330, 421 and 453; 1993 No. 40, 45, 137. 225 and 290; 1994 Nos. 63, 130, 224, 279, 332 and 463; 1995 Nos. 31, 46, 239 and 449; 1996 Nos. 29 and 308; 1997 Nos. 82, 87, 143, 174, 204, 277 and 425; 1998 Nos. 224, 297 and 323; 1999 Nos. 15, 70, 94, 194, 232, 295, 296 and 360; 2000 No. 53.

2.       Notified in the Commonwealth of Australia Gazette on 20 April 2000.