Federal Magistrates Court Rules 2001

No longer in force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Federal Circuit Court of Australia Act 1999

Superseded version

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F2001B00276

10 July 2001 - 17 April 2002

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1.01 Name of Rules
1.02 Commencement
1.03 Objects
1.04 Dictionary
1.05 Application
1.06 Court may dispense with rules
2.01 Requirements for documents
2.02 Document must have distinctive number
2.03 Document to be signed
2.04 Forms
2.05 How documents may be filed
2.06 Registrar may refuse to accept document
2.07 Filing by fax or e-mail
2.08 Searching records
3.01 Sittings
3.02 Registry hours
3.03 Meaning of month
3.04 Calculating time
3.05 Extension or shortening of time fixed
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
4.06 Information sheet to be filed with certain applications
4.07 Reply in certain circumstances
5.01 Urgent application
5.02 Form of application
5.03 Evidence
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
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
6.11 Service other than by hand
6.12 When service is effected by post
6.13 Special requirements for service by fax
6.14 Substituted service
6.15 Matters to be taken into account
6.16 Failure to comply with condition
6.17 General time limit
6.18 Time for service of subpoena
7.01 Power to amend
7.02 Who may be required to make amendment
7.03 Amendment after limitation period
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
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
10.01 Directions and orders
10.02 Adjournment of first court date
10.03 Fixing date for final hearing
10.04 Agreement reached by primary dispute resolution
10.05 Conciliation conference
10.06 Party to file notice of constitutional matter
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
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
12.01 Object of Part
12.02 Pro bono panel
12.03 Referral to a lawyer
12.04 Kind of assistance
12.05 Provision of assistance by lawyer
12.06 Application for leave
12.07 Professional fees and disbursements
13.01 Discontinuance
13.02 Costs
13.03 Default
13.04 Application for order by consent
13.05 Additional information
13.06 Application
13.07 Summary disposal
13.08 Residue of proceeding
13.09 Application
13.10 Frivolous proceedings
13.11 Vexatious litigants
14.01 Declaration to allow specific questions
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
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
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
15.13 Issue of subpoena
15.14 Time limits
15.15 Limit on number of subpoenas
15.16 Service
15.17 Conduct money
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
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
15.30 Admission
15.31 Notice to admit facts or documents
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 Authentication of orders
17.01 Definition
17.02 Order for decision
17.03 Separate question
17.04 Orders, directions on decision
17.05 Disposal of proceeding
18.01 Court may refer matter
19.01 Contempt in the face or hearing of Court
19.02 Contempt other than in the face or hearing of Court
20.01 Time for application for review
20.02 Application for review
20.03 Procedure for review
21.01 Security for costs
21.02 Order for costs
21.03 Determination of maximum costs
21.04 Costs reserved
21.05 Costs if proceedings transferred
21.06 Lawyer to repay costs due to delay or misconduct
21.07 Order for costs against lawyer
21.08 Interest on outstanding costs
21.09 Application
21.10 Costs and disbursements
21.11 Cost of taxation
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
21.17 Application of Subdivision
21.18 Short form bill of costs
21.19 Claim for costs
22.01 Rate of interest
23.01 Report after counselling
23.02 Referral for mediation
24.01 Application of Part
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
25.01 Application for dissolution of marriage
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 Response
25.08 Objection to jurisdiction
25.09 Time for filing response or objection
25.10 Application for rescission of decree nisi
25.11 Discontinuance of application
25.12 Costs in undefended proceedings for dissolution of marriage — basic composite amount
26.01 Rate of interest
27.01 Proceeding referred to mediator or arbitrator
27.02 Adjournment of proceeding
27.03 Court may end mediation or arbitration
27.04 Nomination of mediator
27.05 Mediation conference
27.06 Mediator may end mediation
27.07 Appointment of arbitrator
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
Unless the Court otherwise orders, if an applicant on a cross claim makes a claim for contribution or indemnity in relation to a claim made against the applicant: (a) an order for the applicant must not be entered; and (b) an order for the applicant in relation to the cross-claim must not be enforced by execution until any order against the applicant has been satisfied. 28.12 Offer of contribution
29.01 Application of Chapter
29.02 Interpretation
29.03 Starting a proceeding
29.04 Review of decision by Registrar
29.05 Leave to be heard
29.06 Appearance at application or examination
29.07 Opposition to application or petition
30.01 Substituted service
30.02 Requirements of application to set aside, or extend time for complying with, notice
30.03 Making and hearing of application for extension of time
31.01 Application of Part
31.02 Requirements of creditor’s petition and supporting affidavits
31.03 Petition founded on issue of execution against debtor
31.04 Petition founded on failure to comply with bankruptcy notice or set up counter-claim etc
31.05 Service
31.06 Additional affidavits to be filed before hearing
31.07 Summons to debtor or examinable person for examination
31.08 Sequestration order to be entered and served
31.09 Order dismissing petition to be entered and served
31.10 Order extending petition
32.01 Application of Part
32.02 Form of referral
32.03 Hearing of referral
33.01 Definition
33.02 Application of Division
33.03 Application for summons
33.04 Requirements of summons
33.05 Service of summons
33.06 Failure by relevant person to attend examination
33.07 Application of Division
33.08 Application for summons
33.09 Affidavit to accompany application
33.10 Hearing of application
33.11 Requirements of summons
33.12 Service of summons
33.13 Application for discharge of summons
33.14 Conduct money and witnesses expenses
34.01 Appeal against estimate of value of debt or liability
35.01 Application of Part
35.02 Requirements of application
35.03 Notice to creditors
35.04 Report by trustee
35.05 Order to be entered and served
36.01 Objection to appointment of trustee
36.02 Resignation or release of trustee
37.01 Application for order terminating debt agreement
37.02 Application for order declaring debt agreement void
37.03 Notice to creditors
37.04 Entry and service of order
38.01 Application for order declaring deed or composition void
38.02 Application for order terminating deed
38.03 Application for order setting aside composition
38.04 Service of application and supporting affidavit
38.05 Notice to creditors
38.06 Entry and service of order
39.01 Requirements of petition
39.02 Additional affidavits to be filed before hearing
39.03 Entry and service of order
39.04 Administrator’s petition
39.05 Entry and service of order
40.01 Warrant for arrest of debtor or bankrupt
40.02 Warrant for apprehension of person failing to attend Court
41.01 Application of Chapter
41.02 Interpretation
41.03 Copy of application to be given to Commission
41.04 Response to application
41.05 Appearance by special-purpose Commissioner
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
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
- Schedule 1 Costs
- Part 1 General
- Part 2 Undefended proceedings for dissolution of marriage
- Part 3 Bankruptcy
- Schedule 2 Forms
- Part 1 General
- Part 2 Dissolution of marriage
- Part 3 Bankruptcy
- Schedule 3 Family Law Rules and Federal Court Rules applied
- Part 1 Family Law Rules
- Part 2 Federal Court Rules
- Dictionary

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Federal Magistrates Court Rules 2001

Federal Register of Legislation annual survey

Federal Magistrates Court Rules 2001 Citation change

Legislation text

Federal Magistrates Court Rules 2001