Federal Circuit and Family Court of Australia (Division 2) GENERAL FEDERAL LAW RULES 2025

EXPLANATORY STATEMENT

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025

EXPLANATORY STATEMENT

Issued by the authority of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)

Federal Circuit and Family Court of Australia (Division 2)

The Federal Circuit and Family Court of Australia (Division 2) (FCFCOA (Division 2)) has broad federal law jurisdiction, including in migration, fair work, bankruptcy, administrative law, human rights, intellectual property, consumer law and admiralty proceedings (these jurisdictions being referred to broadly as general federal law), as well as family law and child support proceedings.

The Federal Circuit and Family Court of Australia Act 2021 (the Federal Circuit and Family Court Act) commenced operation on 1 September 2021.

Section 8 of the Federal Circuit and Family Court Act provides that from the commencement day of the Federal Circuit and Family Court Act, the Family Court of Australia is continued in existence as the Federal Circuit and Family Court of Australia (Division 1). The Federal Circuit Court is continued in existence as the Federal Circuit and Family Court of Australia (Division 2). General federal law proceedings are heard only in the FCFCOA (Division 2). The general federal law jurisdiction in the FCFCOA (Division 2) is largely concurrent with the jurisdiction of the Federal Court of Australia (the Federal Court).

Authority for Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

Subsection 217(1) of the Federal Circuit and Family Court Act provides that Judges, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Federal Circuit and Family Court of Australia (Division 2).

Subsection 217(3) of the Federal Circuit and Family Court Act provides that the Legislation Act 2003 (Cth) (other than sections 8, 9, 10 and 16 and Part 4 of Chapter 3) applies to Rules of Court made by Judges under this Chapter or another Act as if a reference to a legislative instrument (other than in subparagraph 14(1)(a)(ii) and subsection 14(3) of the Legislation Act 2003) were a reference to a rule of court.

The first standalone general federal law rules in the FCFCOA (Division 2), the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (the GFL Rules 2021), were made on 26 August 2021. They were based largely on the Federal Circuit Court Rules 2001 (Cth) as those rules applied to general federal law proceedings.

Development of new general federal law rules

The FCFCOA (Division 2), with the assistance of the Office of Parliamentary Counsel, has developed new rules to apply to all general federal law proceedings, including migration proceedings, in the FCFCOA (Division 2). These rules supersede the GFL Rules 2021. Like the GFL Rules 2021, the new general federal law rules do not apply to family law and child support proceedings. A separate set of rules exists for family law and child support proceedings.

Given the concurrent jurisdiction of the FCFCOA (Division 2) and the Federal Court, the new general federal law rules align as far as possible with the Federal Court Rules 2011 (Cth) (the Federal Court Rules). This allows for:

- greater consistency for practitioners and Registrars across the two courts; and

- greater jurisprudential certainty when procedural matters are resolved in court.

The new rules diverge from the Federal Court Rules to take into account:

- the different jurisdiction of the two courts;

- the promotion of the overarching purpose in the Federal Circuit and Family Court Act; and

- the FCFCOA (Division 2) as a high-volume jurisdiction with large numbers of unrepresented parties, and the appropriately distinct practices in the Court as a result.

The jurisdiction and case makeup of the FCFCOA (Division 2) has meant that some Parts and Divisions in the Federal Court Rules are excluded from the new general federal law rules. For example, the new general federal law rules do not include rules about service outside Australia or service through diplomatic channels. Other rules reflect the application and response format used in the FCFCOA (Division 2). This impacts such rules as the cross-claim rules: in the FCFCOA (Division 2), cross-claims are made in the response.

Some structural changes compared with the GFL Rules 2021 include:

- removing all definitions from individual rules and divisions and concentrating them in a single definition rule (rule 1.20);

- expanding Registrars’ powers and moving the list of powers to a Schedule; and

- new rules to provide greater clarity around the process in migration proceedings.

A series of two cross-reference tables is included as Annexure A to assist in understanding:

- the derivation of the new general federal law rules; and

- the destination of the GFL Rules 2021.

Consultation

The Legislation Act 2003 (Cth) provides for certain consultation obligations when Rules of Court are made.

The Court undertook extensive consultation on the development of the new general federal law rules. Consultation included both internal consultation with all Judges, Registrars and some members of the Court’s administration, and external consultation with the legal profession. External consultation involved providing a draft copy of the new general federal law rules to stakeholders for their written comment in early 2024. Stakeholders included the Australian Government Solicitor, Attorney-General’s Department, and National, State and Territory Bar Associations, Law Societies and Legal Aid Commissions. Written feedback was considered by the General Federal Law Rules Working Group, comprised of Judges and senior members of the Court’s administration, and informed the final version of the new general federal law rules.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).

Overview of the Legislative Instrument

The Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (the Rules) are made under the Federal Circuit and Family Court Act. The Act continues in existence the FCFCOA (Division 2), which has jurisdiction for family law and child support proceedings and for prescribed general federal law proceedings.

The Rules address the practice and procedure to be followed in the conduct of general federal law proceedings in the Court. Accordingly, the Rules are procedural in nature and are essential for the efficient administration of general federal law proceedings governed by the Act. ‘General federal law proceeding’ is defined in rule 1.20 of the Rules as meaning ‘a proceeding in the Court other than a family law or child support proceeding’.

The Rules replace the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021. To a considerable extent, the Rules align with the Federal Court Rules 2011, which address the practice and procedure to be followed in the conduct of proceedings in the Federal Court of Australia. To a lesser extent, the provisions in the Rules are in a form that is the same as, or similar to, rules in the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.

Human rights implications

The impact of the Rules on the following human rights has been considered:

the rights of equality and non-discrimination;
the right to a fair trial;
the right to privacy and reputation; and
the right to security of the person and freedom from arbitrary detention.

Most of the provisions in the Rules replicate or are drawn from existing provisions of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 and the Federal Court Rules 2011. There is, therefore, almost no change in the treatment of the rights mentioned above. As such, while the Rules promote human rights by increasing access to justice, the limitations the Rules impose on human rights largely maintain existing limitations. The Rules do not substantially alter the substantive powers of the judiciary or the rights of parties to have a matter heard by the Court.

Right to equality and non-discrimination

Article 26 of the International Covenant on Civil and Political Rights (ICCPR) states that ‘[a]ll persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’

Section 217 of the Act permits the Judges of the Court, or a majority of them, to make Rules of Court providing for the practice and procedure to be followed in the FCFCOA (Division 2) (including the practice and procedure to be followed in Registries of the Court).

The Rules address procedural matters relevant to all general federal law proceedings over which the Court has jurisdiction. Certain provisions in the Rules seek to promote equality and non-discrimination by ensuring people of diverse backgrounds have more flexible means of engaging with court processes. In particular, certain provisions make the court system more accessible for people with a disability or those who speak a language other than English.

For example, rule 17.13 of the Rules makes special provision for a person making an affidavit where the person is unable to read the affidavit due to:

blindness or low vision
illiteracy or partial illiteracy
insufficient familiarity with the English language, or
physical incapacity.

Rule 17.13 also recognises that a person who is vision impaired may use technology for the vision impaired to read the affidavit. In this way, the Rules provide flexibility, making court processes more accessible for applicants of diverse backgrounds, thereby promoting equality and non-discrimination before the law.

Right to a fair trial and fair hearing rights

Article 14 of the ICCPR enshrines the right of a person to a fair trial. Specifically, article 14(1) provides that ‘all persons shall be equal before courts and tribunals’ and ‘everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law’. The right to a fair trial is engaged by laws that regulate the conduct of court proceedings.

What constitutes a fair hearing requires recognition of the interests of all parties in a civil proceeding and requires that all parties to a proceeding have a reasonable opportunity of presenting their case in circumstances that do not disadvantage them as against other parties to the proceedings.

The right to a public hearing incorporates the principle that justice should not only be done, but be seen to be done, by subjecting legal proceedings to public scrutiny. A decision made in chambers, such as that provided for in paragraph 25.10(2)(a) of the Rules, rather than on the basis of a public hearing, will not breach the right to a public hearing if the material on which the court bases its decision is publicly available, as is the decision itself.

The Rules aim to address the legitimate objective of improving the efficiency of court proceedings. Rule 1.05 adopts the overarching purpose of the civil practice and procedure provisions as articulated in section 190 of the Federal Circuit and Family Court Act: to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible, thus increasing access to justice and promoting equality and non-discrimination before the law.

Prohibition on interference with privacy

Article 17 of the ICCPR prohibits unlawful or arbitrary interference with a person’s privacy and correspondence. It provides that persons have the right to the protection of the law against such interference.

The prohibition on interference with privacy may be engaged by legislation that involves the mandatory disclosure of information. Relevantly, the right may be impacted by Part 18 of the Rules, which deals with the mandatory disclosure of information that may be personal, in the context of a subpoena (section 221 of the Federal Circuit and Family Court Act provides that the Rules of Court may make provision for subpoenas).

Laws that affect privacy should be precise and not give decision-makers too much discretion in authorising interferences with privacy. They should provide proper safeguards against arbitrary interference. To avoid being considered arbitrary, any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the circumstances. Part 18 of the Rules and other individual rules, such as rule 18.10, are sufficiently precise and circumscribe the scope of the power. For example:

a subpoena must clearly identify the person subpoenaed, by specifying that person’s name or designation by office or position;
the documents or things to be produced must be adequately described and must be produced at a specified time and place;
a subpoena must be served within 3 months after it is issued; and
a subpoena must be served personally on the addressee.

While the requirement to produce documents or things or give evidence might interfere with a person’s privacy, the requirement aims to achieve the legitimate objective of administering justice through the courts. For the proper conduct of proceedings, relevant information must be before the Court.

As such, while the requirement to provide documents or things that may include personal information may interfere with the right to privacy, the limitation is reasonable, necessary and proportionate to achieve the legitimate aim of administering justice.

The right to security of the person and freedom from arbitrary detention

Article 9 of the ICCPR requires that persons not be subject to arrest and detention, except as provided for by law, and provided that neither the arrest nor the detention is arbitrary. Anyone who is arrested must be informed, at the time of arrest, of the reasons for the arrest and must be promptly informed of any charges against them. The right applies to all forms of detention where people are deprived of their liberty. This right may be engaged by policies and laws which grant a power of arrest.

The Rules may impact this right to freedom from arbitrary detention, as certain provisions relate to arrest powers. For example:

Rule 33.05 permits a Court to issue a warrant for a person who, despite a subpoena or other court order requiring attendance at Court, fails to attend before the Court. The rule provides for the production of the person before the Court and permits the person’s arrest and detention in custody until the person is brought before the Court.
Rule 34.07 permits a Court to issue a warrant for the arrest of a person if the person is the subject of an application for punishment of a contempt and the Court is satisfied that the person is likely to leave the jurisdiction of the Court.

The legitimate objective of rules 33.05 and 34.07 is to ensure that court officers have the powers they need to enforce orders of the Court and maintain effective justice. The rules are reasonable and necessary, as they can only be exercised in limited circumstances and require that the person is brought before the Court. They cannot, therefore, be considered arbitrary or as otherwise contravening article 9 of the ICCPR.

Conclusion

The Rules are compatible with human rights because they:

promote the rights of equality and non-discrimination and the right to a fair trial, and
place limits on the Act’s ability to interfere with a person’s privacy and a person’s freedom from arbitrary arrest and detention.

To the extent that the Rules may limit certain human rights, those limitations are reasonable, necessary and proportionate.

Explanation and commencement of the Rules

Details of the Rules are set out below. References to the Court are references to the Federal Circuit and Family Court of Australia (Division 2).

The Rules commence on 1 September 2025.

Structure

The Rules are divided into four Chapters.

Chapter 1 applies to all general federal law proceedings and covers introductory matters.
Chapter 2 applies to all general federal law proceedings and covers proceedings generally.
Chapter 3 applies to special classes of proceedings under Acts other than the Federal Circuit and Family Court Act, including migration proceedings under the Migration Act 1958 (Migration Act), proceedings under the Administrative Decision (Judicial Review) Act 1977, human rights proceedings, small claims applications under the National Consumer Credit Protection Act 2009, intellectual property proceedings under various Acts and Fair Work proceedings under the Fair Work Act 2009 and other related Acts.
Chapter 4 covers costs, enforcement and contempt.

The Rules also contain 3 Schedules. Schedule 1 lists powers delegated to registrars in accordance with subsection 254(1) of the Federal Circuit and Family Court Act. Schedule 2 contains details of costs in general federal law proceedings other than migration proceedings and costs in migration proceedings. Schedule 3 lists the instruments amended or repealed by the Rules.

Notes appear after some rules and provide references to legislation, related rules, words or expressions defined in the Dictionary and other relevant information, such as examples.

Chapter 1—Introductory provisions

Chapter 1 contain Parts 1–6.

Part 1 deals with introductory matters.

Division 1.1 deals with general matters. Rules 1.01–1.03 cover the name, commencement and authority of the Rules.

Rule 1.04 enables Schedule 3, which lists the instruments that are amended or repealed by the Rules.

Rule 1.05 addresses the overarching purpose of the Rules, consistent with the overarching purpose in civil practice and procedure set out in subsection 190(1) of the Federal Circuit and Family Court Act. The rule is substantially the same as rule 1.04 of the GFL Rules 2021.

Two notes to subrule 1.05(1) serve as a reminder that the parties to a proceeding must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) consistently with the overarching purpose and that the Rules must be interpreted and applied in the way that best promotes the overarching purpose. A further note is a reminder that the Court has the power to dispense with the Rules and make orders inconsistent with them.

Rule 1.06 deals with the application of the Rules. The practice and procedure of the Court in general federal law proceedings is intended to be governed principally by the Rules. The Court may apply the Federal Court Rules 2011 if in a particular case the Rules are insufficient or inappropriate. Subrule 1.06(4) expressly excludes from the application of the Rules family law and child support proceedings. The rule is substantially the same as rule 1.06 of the GFL Rules 2021.

Division 1.2 deals with the general powers of the Court.

Rule 1.07 provides that, in a proceeding, the Court may take into account the nature and complexity of the proceeding. The rule is substantially the same as rule 1.31 of the Federal Court Rules.

Rule 1.08 permits the Court to consider the interests of justice in making orders. The rule is the same as rule 1.32 of the Federal Court Rules. A note serves as a reminder that under section 140 of the Federal Circuit and Family Court Act, the Court has the power to make orders, including interlocutory orders, that the Court considers appropriate.

Rule 1.09 permits the Court to make an order subject to conditions. The rule is the same as rule 1.33 of the Federal Court Rules.

Rule 1.10 deals with the Court’s power to dispense with compliance with any of the Rules. The rule is substantially the same as rule 1.34 of the Federal Court Rules.

Rule 1.11 permits the Court to make orders that are inconsistent with the Rules. The rule is the same as rule 1.35 of the Federal Court Rules.

Rule 1.12 permits the Court to make orders other than in open court. The rule is the same as rule 1.36 of the Federal Court Rules. A note points to subsection 136(3) of the Federal Circuit and Family Court Act and the power of a Judge sitting in Chambers to exercise the jurisdiction of the Court.

Rule 1.13 provides that a person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if the procedure is not prescribed. The rule is substantially the same as rule 1.21 of the Federal Court Rules.

Rule 1.14 permits the Court to fix the time within which an act or thing may be done when the Rules do not do so. The rule is substantially the same as rule 1.38 of the Federal Court Rules.

Rule 1.15 deals with the extending or shortening of a time fixed by the Rules. The rule is substantially the same as rule 1.39 of the Federal Court Rules.

Rule 1.16 permits the Court to exercise a power under the Rules either on its own initiative or on the application of a party. The rule is substantially the same as rule 1.40 of the Federal Court Rules.

Rule 1.17 deals with the orders the Court may make when an application is made. The rule is the same as rule 1.41 of the Federal Court Rules.

Rule 1.18 permits the Court to specify the consequences of non-compliance. The rule is the same as rule 1.42 of the Federal Court Rules.

Rule 1.19 deals with the making of practice directions and the Court’s power to depart from a practice direction. A note to the rule points to the Court’s website, where the practice directions are published.

Rule 1.20 defines certain words and expressions for the purpose of the Rules. The rule incorporates definitions that appeared in individual definition rules in the GFL Rules 2021 and definitions that appear in the Federal Court Rules. It is otherwise similar to rule 1.05 of the GFL Rules 2021.

Rule 1.21 provides that a reference to a form is a reference to the form approved under rule 2.06. The rule is substantially the same as rule 1.52 of the Federal Court Rules. A note points to the Court’s website, where approved forms are available.

Rule 1.22 deals with how time for an act or thing doing fixed by the Rules or by a Court order is calculated. The rule is substantially the same as rule 1.61 of the Federal Court Rules.

Part 2 deals with the registry and documents.

Division 2.1 deals with the registry.

Rule 2.01 requires the seal of the Court to be attached to Rules of Court and any other documents that the Court directs or the law requires. The rule is substantially the same as rule 2.12 of the GFL Rules 2021.

Rule 2.02 provides that each registry must keep in its custody a stamp designed to be the same as the design of the Court seal and requires the seal or stamp to be attached to all documents filed in the Court and orders entered. A note provides a reminder that a document marked with the stamp is as valid as if sealed with the Court seal. Rule 2.02 is substantially the same as rule 2.13 of the GFL Rules 2021.

Rule 2.03 permits the seal or stamp to be attached to a document by hand or by electronic means. The rule is similar to rule 2.14 of the GFL Rules 2021.

Rule 2.04 deals with the transfer of a proceeding between registries of the Court and the factors the Court must have regard to in considering an application to transfer a proceeding to another registry. The rule is substantially the same as rule 8.01 of the GFL Rules 2021.

Division 2.2 deals with documents to be filed in a proceeding.

Rule 2.05 sets out the formal requirements for documents filed with the Court. The rule also provides that the requirements do not need to be strictly complied with if the document is readable and can be easily scanned and photocopied. Subrule 2.05(6) provides that this rule does not apply to a document annexed to an affidavit. A note serves as a reminder that under section 182 of the Federal Circuit and Family Court Act, the Court has the power to limit the length of documents to be filed. Rule 2.05 is similar to rule 2.01 of the GFL Rules 2021.

Rule 2.06 permits the Chief Judge of the Court to approve a form for the Rules. The rule provides that strict compliance with forms is not usually required and that the forms prescribed for a similar purpose in the Federal Court will be taken to substantially comply with the appropriate form. Rule 2.06 is substantially the same as subrules 2.04(1)-(3) of the GFL Rules 2021.

Rule 2.07 requires a document filed in a proceeding to include details that enable the proceeding to be identified and sets out the default heading to be used. The rule is similar to subrules 2.13(1) and (2) of the Federal Court Rules and subrule 2.07(2) is the same as subrule 2.04(4) of the GFL Rules 2021.

Rule 2.08 requires a document filed in connection with a particular proceeding to bear the distinctive number of the proceeding. The rule is substantially the same as rule 2.02 of the GFL Rules 2021.

Rule 2.09 requires a document that is to be filed to be signed by a party or by the lawyer for the party unless the nature of the document is such that signature is inappropriate. A note serves as a reminder that the definition of “sign” includes electronic signing. The rule is substantially the same as rule 2.03 of the GFL Rules 2021.

Rule 2.10 sets out the information that must be included on the front page of a document filed in a proceeding. The rule is substantially the same as rule 2.16 of the Federal Court Rules.

Rule 2.11 deals with documents filed with the Court that are not in English and the requirement to provide an English translation and an affidavit from the person who provided the translation. The rule is substantially the same as rule 2.17 of the Family Law Rules.

Division 2.3 deals with the lodging and filing of documents in a proceeding.

Rule 2.12 deals with how a document is lodged with the Court, requiring the Court’s electronic lodgement system to be used unless it is not reasonably practicable to do so. The rule is similar to rule 2.21 of the Federal Court Rules, read together with rule 2.05 of the GFL Rules 2021.

Rule 2.13 contains the details of providing a document electronically for filing. The rule is similar to rule 2.23 of the Federal Court Rules and rule 2.08 of the GFL Rules 2021.

Rule 2.14 contains the details of filing by fax and is the same as rule 2.22 of the Federal Court Rules.

Rule 2.15 describes when a document is filed or is taken to have been filed. A note to the rule points out that because of the Court’s computer security firewall, there may be a delay between the time a document is sent electronically and the time the document is filed. The rule is similar to rule 2.25 of the Federal Court Rules.

Rule 2.16 describes the circumstances in which a Registrar may refuse to accept a document for filing. The rule is similar to rule 2.06 of the GFL Rules 2021 and incorporates rule 2.26 of the Federal Court Rules.

Rule 2.17 describes the circumstances in which a document will not be accepted in a registry. The rule is the same as rule 2.27 of the Federal Court Rules.

Rule 2.18 deals with the removal from the Court file of documents that have been accepted for filing and the storage of such documents. The rule is the same as rule 2.28 of the Federal Court Rules.

Rule 2.19 deals with the removal from the Court file of documents and their replacement with redacted copies and the storage of such documents. The rule is the same as rule 2.29 of the Federal Court Rules.

Division 2.4 deals with the custody and inspection of documents.

Rule 2.20 provides that a registry has custody of the registry’s records and documents filed in a proceeding. The rule describes the circumstances in which a person may remove a document from a registry. Rule 2.20 is substantially the same as rule 2.31 of the Federal Court Rules.

Rule 2.21 deals with a party’s right to inspect documents in a proceeding and the circumstances in which a person who is not a party to the proceeding may inspect documents. The rule also covers the circumstances in which a person may be given a copy of a document. Subrule 2.21(6) provides that a person who is not a party to the proceeding may inspect documents in a migration proceeding only with the Court’s leave. Subrules 2.21(1)(5) are substantially the same as rule 2.32 of the Federal Court Rules. Subrule 2.21(6) has been added for clarity.

Division 2.5 deals with the administration of money paid into Court and the paying out of such money.

Rule 2.22 describes how money paid into the Court’s Litigants’ Fund is to be dealt with while held by the Court. A note serves as a reminder that the Litigants’ Fund has been established under Division 2.5 of the Federal Court Rules. The rule is substantially the same as rule 2.42 of the Federal Court Rules.

Rule 2.23 describes how money paid into the Court’s Litigants’ Fund is to be paid out. The rule is substantially the same as rule 2.43 of the Federal Court Rules.

Part 3 deals with Registrars.

Division 3.1 deals with the powers of Registrars.

Rule 3.01 deals with the delegation of powers to a Registrar who is approved, or is in a class of Registrars who are approved, by the Chief Judge for the exercise of the power. A table in Schedule 1 sets out the specific powers that have been delegated. Rule 3.01 is substantially the same as rule 21.01 of the GFL Rules 2021.

Rule 3.02 provides that a Registrar may administer an oath or affirmation in a proceeding. The rule is the same as rule 3.02 of the Federal Court Rules.

Rule 3.03 permits a Registrar to make an order other than in open court. The rule is the same as rule 3.03 of the Federal Court Rules.

Rule 3.04 entitles a person to apply to the Court for an order that a Registrar do any act or thing that the Registrar is required or entitled to do but has refused to do. The rule is the same as rule 3.04 of the Federal Court Rules.

Division 3.2 deals with the review of a Registrar’s exercise of a power.

Rule 3.05 entitles a party to seek the Court’s review of a Registrar’s exercise of a power. The rule is substantially the same as subrule 21.03(1) of the GFL Rules 2021.

Rule 3.06 details the time for applying for review of a Registrar’s exercise of a power. The rule replicates the service requirements in subrule 21.03(3) of the GFL Rules 2021, however the time for listing for hearing has been amended to as soon as possible, and unless impracticable, within 28 days of filing.

Rule 3.07 makes clear that an application for review a Registrar’s exercise of a power does not stay the exercise of the power. The rule is substantially the same as subrule 21.03(4) of the GFL Rules 2021.

Rule 3.08 deals with the procedure for review of an exercise of power by a Registrar. The Court hearing is a hearing de novo. The rule is substantially the same as rule 21.04 of the GFL Rules 2021.

Part 4 deals with lawyers.

Division 4.1 deals with legal representation.

Rule 4.01 permits a person to be represented in the Court by a lawyer or to appear unrepresented. It requires a corporation to be represented by a lawyer. A note provides a reminder that the Court may dispense with compliance with the Rules. The rule is substantially the same as rule 4.01 of the Federal Court Rules.

Rule 4.02 requires a lawyer appointed during a proceeding to file a notice of address for service. The rule is substantially the same as rule 4.03 of the Federal Court Rules.

Rule 4.03 permits a party, at any stage in a proceeding, to appoint another lawyer in place of the lawyer then acting for the party. The rule also specifies the notices that must be filed and served when another lawyer is appointed. The rule is substantially the same as rule 9.02 of the GFL Rules 2021.

Rule 4.04 deals with the situation where a lawyer is removed and no new lawyer is appointed. The rule is substantially the same as subrules 9.01(2)(4) of the GFL Rules 2021.

Rule 4.05 deals with a lawyer for a party withdrawing from the record in a proceeding and the associated requirements, including the requirement to file and serve a notice of intention to withdraw before filing and serving the notice of withdrawal. The rule is similar to rule 9.03 of the GFL Rules 2021.

Division 4.2 deals with Court referral for legal assistance.

Rule 4.06 deals with the Court’s referral of a party to a lawyer for legal assistance and the requirements of a referral certificate issued in that context. A Registrar will try to arrange for the provision of pro bono legal assistance in accordance with the referral certificate. The rule is substantially the same as rule 4.12 of the Federal Court Rules.

Rule 4.07 provides that a party is not entitled to apply to the Court for a referral under rule 4.06. The rule is the same as rule 4.13 of the Federal Court Rules.

Rule 4.08 provides that a lawyer who agrees to accept a referral under rule 4.06 must provide legal assistance in accordance with the referral certificate. The rule is the same as rule 4.14 of the Federal Court Rules.

Rule 4.09 provides that a pro bono lawyer who no longer wishes to provide legal assistance must withdraw in accordance with rule 4.05. The rule is similar to rule 4.15 of the Federal Court Rules.

Rule 4.10 permits a pro bono lawyer to recover from the assisted party disbursements reasonably incurred by the pro bono lawyer. The rule is the same as rule 4.18 of the Federal Court Rules.

Part 5 deals with the Court’s supervision of proceedings.

Division 5.1 deals with the first court date and directions.

Rule 5.01 requires a party, or the party’s lawyer, to attend Court on the date fixed in the originating application. A note explains that the first court date and the place for the hearing will be endorsed on the originating application. The rule is similar to rule 5.01 of the Federal Court Rules.

Rule 5.02 requires a respondent to file a notice of address for service before the first court date. The rule is substantially the same as rule 5.02 of the Federal Court Rules.

Rule 5.03 provides that the Court many make directions for the management, conduct and hearing of a proceeding. The rule also lists some of the orders and directions the Court may make. The rule is substantially the same as rule 5.04 of the Federal Court Rules.

Rule 5.04 provides that if a response includes a cross-claim, the parties to the cross-claim, or the parties’ lawyers, must attend Court on the first court date. The rule also permits the Court to give directions for the management, conduct and hearing of the cross-claim. The rule is similar to rule 5.06 of the Federal Court Rules.

Rule 5.05 requires a party seeking an interlocutory order to apply in accordance with rule 14.01. Part 14 of the Rules deals with interlocutory orders. Rule 5.05 is the same as rule 5.07 of the Federal Court Rules.

Rule 5.06 deals with the hearing and determination of a matter at a directions hearing. The rule is the same as rule 5.08 of the Federal Court Rules.

Division 5.2 deals with orders on default.

Rule 5.07 deals with self-executing orders and what self-executing orders may be made. The rule is the same as rule 5.21 of the Federal Court Rules.

Rule 5.08 outlines when an applicant is in default. The rule is substantially the same as rule 5.22 of the Federal Court Rules.

Rule 5.09 outlines when a respondent is in default. The rule is substantially the same as rule 5.22 of the Federal Court Rules.

Rule 5.10 covers the orders the Court may make if an applicant is in default. The rule is substantially the same as subrule 5.23(1) of the Federal Court Rules.

Rule 5.11 covers the orders the Court may make if a respondent is in default. The rule is substantially the same as subrule 5.23(2) of the Federal Court Rules.

Rule 5.12 states that the Court’s power to punish for contempt is not limited by Division 5.2. The rule is similar to rule 5.24 of the Federal Court Rules.

Part 6 deals with the Court’s supervision of parties and other persons.

Division 6.1 deals with vexatious proceedings.

Rule 6.01 permits the Court to order that a document be removed from the Court file or a matter be struck out if a document filed in the proceeding contains matter that is scandalous, vexatious or oppressive. The rule is the same as rule 6.01 of the Federal Court Rules.

Rule 6.02 describes the process of requesting that a certificate be issued stating whether a named person is or has been the subject of a vexatious proceedings order. The rule is substantially the same as rule 6.02 of the Federal Court Rules.

Rule 6.03 provides that an application under subsection 242(2) of the Federal Circuit and Family Court Act must be made without notice to any other person. A note explains that subsection 242(2) provides that a person who is subject to a vexations proceedings order may apply to the Court for leave to institute a proceeding. Rule 6.03 is substantially the same as rule 6.03 of the Federal Court Rules.

Division 6.2 deals with the use of communication and recording devices in Court.

Rule 6.04 addresses the use of communication devices and recording devices in a Court hearing. The rule is substantially the same as rule 6.11 of the Federal Court Rules.

Rule 6.05 provides that the Court’s power to punish for contempt is not limited by rule 6.04. The rule is the same as rule 6.12 of the Federal Court Rules.

Chapter 2—Proceedings generally

Chapter 2 contain Parts 7–24.

Part 7 deals with orders the Court may make before the start of a proceeding.

Division 7.1 contains a general provision about applications made before the start of a proceeding.

Rule 7.01 permits a person who intends to start a proceeding (a prospective applicant) to apply to the Court as if the person had started the proceeding and the application had been made in the proceeding. The person must give an undertaking to start a proceeding in relation to the subject matter of the application within 14 days after the application has been determined. Subrules 7.01(1) and (3) are similar to subrules 7.01(1) and (3) of the Federal Court Rules.

Division 7.2 deals with freezing orders and contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.

Rule 7.02 deals with freezing orders, which the Court may make to prevent the frustration or inhibition of the Court’s process by seeking to meet a danger that a Court judgment will be unsatisfied. The rule is substantially the same as rule 7.32 of the Federal Court Rules.

Rule 7.03 provides that the Court may make orders ancillary to a freezing order as the Court considers appropriate. The rule is substantially the same as rule 7.33 of the Federal Court Rules.

Rule 7.04 permits the Court to make a freezing order or an ancillary order against a person even if the person is not a party in a proceeding. The rule is the same as rule 7.34 of the Federal Court Rules.

Rule 7.05 permits the Court to make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor in certain circumstances. The Court is also empowered to make freezing orders and ancillary orders against third parties. The rule is the same as rule 7.35 of the Federal Court Rules.

Rule 7.06 makes it clear that this Division does not diminish the statutory and any implied jurisdiction of the Court to make freezing orders and ancillary orders. The rule is substantially the same as rule 7.36 of the Federal Court Rules.

Rule 7.07 makes it clear that an application for a freezing order or an ancillary order may be served on a person who is outside Australia if any of the assets to which the order relates are within the Court’s jurisdiction. The rule is the same as rule 7.37 of the Federal Court Rules.

Rule 7.08 addresses the making of costs orders in relation to freezing orders. The rule is the same as rule 7.38 of the Federal Court Rules.

Division 7.3 deals with search orders and contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.

Rule 7.09 permits the Court to make search orders to secure or preserve evidence that is, or may be, relevant to an issue in the proceeding or anticipated proceeding. The rule is substantially the same as rule 7.42 of the Federal Court Rules.

Rule 7.10 sets out matters of which the Court must be satisfied in making a search order. The rule is the same as rule 7.43 of the Federal Court Rules.

Rule 7.11 makes it clear that this Division does not diminish the statutory and any implied jurisdiction of the Court to make search orders. The rule is substantially the same as rule 7.44 of the Federal Court Rules.

Rule 7.12 sets out some of the terms that a search order may contain. The rule is the same as rule 7.45 of the Federal Court Rules.

Rule 7.13 requires that, where a search is made, the Court appoint at least one lawyer who is independent of the applicant’s lawyer to supervise the execution of the order and do anything else that the Court orders. The rule is substantially the same as rule 7.46 of the Federal Court Rules.

Rule 7.14 addresses the making of costs orders in relation to search orders. The rule is the same as rule 7.47 of the Federal Court Rules.

Part 8 contains rules relating to the starting of a proceeding.

Division 8.1 deals with originating applications.

Rule 8.01 requires that an originating application in the approved form be filed to start a proceeding and sets out some of the details required in the originating application. The rule is substantially the same as rule 8.01 of the Federal Court Rules.

Rule 8.02 requires that a genuine steps statement in the approved form be filed with the originating application if Part 2 of the Civil Dispute Resolution Act 2011 applies to the proceeding. Two notes to the rule point to obligations under the Civil Dispute Resolution Act 2011. The rule is substantially the same as rule 8.02 of the Federal Court Rules.

Rule 8.03 sets out the details of relief that must be stated in an originating application. The rule is substantially the same as rule 8.03 of the Federal Court Rules.

Rule 8.04 details the documents that must accompany an originating application, which, typically, is either an affidavit or a statement of claim or points of claim. The rule also sets out exceptions, which relate to small claims and Fair Work applications. Various notes to the rule address processes in the Court Registry and point to other rules relating to originating applications for some proceedings. The rule is similar to rule 8.05 of the Federal Court Rules.

Rule 8.05 addresses service of the originating documents, including the timing for service. A note to subrule (1) points to a division of the Federal Court Rules for service outside of Australia. Subrules 8.05(1) and (2) are similar to rule 8.06 of the Federal Court Rules. Subrule (3) is similar to rule 6.17 of the GFL Rules 2021.

Rule 8.06 deals with a change to the first court date before the originating application has been served. The rule is similar to subrules 8.07(1), (1A) and (2) of the Federal Court Rules.

Division 8.2 addresses notice of a constitutional matter.

Rule 8.07 requires a party to a proceeding to file a notice of a constitutional matter if the party becomes aware that the proceeding involves a matter arising under the Constitution or involving its interpretation. The rule is similar to rule 8.11 of the Federal Court Rules.

Rule 8.08 contains details relating to service of the notice of a constitutional matter and is substantially similar to rule 8.12 of the Federal Court Rules.

Division 8.3 addresses amendment of the originating application.

Rule 8.09 permits an applicant to apply to the Court for leave to amend an originating application. Two notes to the rule point to provisions of the Federal Circuit and Family Court Act relevant to amendments and to the avoidance of multiple proceedings. The rule is the same as subrule 8.21(1) of the Federal Court Rules, with additional notes.

Rule 8.10 deals with an applicant’s right to seek leave to amend an originating application after the relevant limitation period. The rule is the same as subrules 8.21(2) and (3) of the Federal Court Rules.

Rule 8.11 clarifies the date on which an amendment to substitute a party takes effect. The rule is substantially the same as rule 8.22 of the Federal Court Rules.

Rule 8.12 describes the procedure for amending an originating application if leave to amend is given. The rule is similar to rule 8.23 of the Federal Court Rules.

Rule 8.13 sets the time for amending an originating application if an order to amend is made. A note to the rule serves as a reminder that the Court may also make orders about the procedure for amending the originating application and serving the originating application. The rule is the same as rule 8.24 of the Federal Court Rules.

Rule 8.14 addresses service of an amended originating application. The rule is the same as rule 8.25 of the Federal Court Rules.

Division 8.4 addresses the response to an originating application.

Rule 8.15 deals with the form of the response to an originating application and the timing for filing the response. The rule also addresses the documents that must accompany the response. A note to the rule points to the additional requirements for a response in a migration proceeding. The rule is similar to rules 4.03 and 4.04 of the GFL Rules 2021.

Rule 8.16 requires that a genuine steps statement in the approved form be filed with the response if the applicant filed a genuine steps statement. The rule is substantially the same as rule 5.03 of the Federal Court Rules.

Division 8.5 addresses the making of cross-claims.

Rule 8.17 describes when a respondent may make a cross-claim and clarifies that the cross-claim is filed as part of the response. Subrule 8.17(1) is substantially the same as rule 15.01 of the Federal Court Rules.

Rule 8.18 describes the process for making a cross-claim after the response has been filed. The rule is similar to rule 15.05 of the Federal Court Rules.

Rule 8.19 describes the documents that must accompany the response when a cross-claim is being made. The rule is similar to rule 15.06 of the Federal Court Rules.

Rule 8.20 sets out the details of relief to be stated in a cross-claim. The rule is similar to subrules 15.07(2) and (3) of the Federal Court Rules.

Rule 8.21 addresses service when a respondent is making a cross-claim, including the timing for service. The rule is similar to subrules 15.08(1) and (2) and 15.09(1) of the Federal Court Rules.

Rule 8.22 deals with the filing of a reply to the cross-claim, including the timing for filing the reply. The rule is similar to rule 24.05 of the GFL Rules 2021.

Rule 8.23 describes the conduct of the proceeding after a cross-claim is filed. The rule is substantially the same as rule 15.10 of the Federal Court Rules.

Rule 8.24 makes provision for the cross-claim as a separate proceeding from the principal proceeding in certain circumstances. The rule is the same as rule 15.11 of the Federal Court Rules.

Rule 8.25 provides that if a cross‑claim is made for contribution or indemnity and an order for contribution is made, the order must not be enforced until any order for the applicant against that cross‑claimant has been satisfied. The rule is substantially the same as rule 15.12 of the Federal Court Rules.

Rule 8.26 addresses the kinds of order that a party to a cross-claim may seek. The rule is the same as rule 15.13 of the Federal Court Rules.

Rule 8.27 addresses service of a cross-respondent’s list of documents and the accompanying affidavit if documents are permitted to be discovered. The rule is substantially the same as rule 15.14 of the Federal Court Rules.

Division 8.6 deals with the amendment of a response, including the amendment of any cross-claim.

Rule 8.28 deals with the amendment of a respondent’s response. The rule is similar to rule 15.15 of the Federal Court Rules, adapted to take account of the application and response format in the Court.

Rule 8.29 describes the procedure for amending a response. The rule is similar to rule 15.17 of the Federal Court Rules.

Rule 8.30 sets the time for amending a response if an order to amend is made. A note to the rule serves as a reminder that the Court may also make orders about the procedure for serving the response. The rule is similar to rule 15.18 of the Federal Court Rules.

Rule 8.31 deals with service of an amended response. The rule is similar to rule 15.19 of the Federal Court Rules.

Part 9 deals with parties and proceedings.

Division 9.1 addresses parties, interveners and causes of action.

Rule 9.01 permits an application to claim relief in the same proceeding in relation to multiple causes of action. The rule is the same as rule 9.01 of the Federal Court Rules.

Rule 9.02 addresses the joinder of persons in proceedings involving common questions or arising out of the same transaction or series of transactions. The rule is the same as rule 9.02 of the Federal Court Rules.

Rule 9.03 addresses the joinder of applicants with a joint entitlement. The rule is the same as rule 9.03 of the Federal Court Rules.

Rule 9.04 addresses the joinder of persons with a common liability. The rule is the same as rule 9.04 of the Federal Court Rules.

Rule 9.05 addresses the Court’s power to join a person as a party in specified circumstances. The rule is the same as rule 9.05 of the Federal Court Rules.

Rule 9.06 allows for the Court to order that separate trials be held if a joinder of parties or causes of action would be inconvenient. The rule is the same as rule 9.06 of the Federal Court Rules.

Rule 9.07 clarifies that a proceeding will not be defeated only because there has been an error in joining a party. The rule is the same as rule 9.07 of the Federal Court Rules.

Rule 9.08 allows for the Court to order that a party be removed because the party has been improperly or unnecessarily joined as a party or has ceased to be a proper or necessary party. The rule is the same as rule 9.08 of the Federal Court Rules.

Rule 9.09 deals with the transmission of an interest in a proceeding if a party dies or becomes bankrupt. The rule is the same as rule 9.09 of the Federal Court Rules.

Rule 9.10 addresses the circumstance where a party dies during a proceeding and no order is made substituting another party for the deceased party within 3 months after the death. A note serves as a reminder that the Court may make orders for service on any person who has an interest in continuing the proceeding. The rule is the same as rule 9.10 of the Federal Court Rules.

Rule 9.11 clarifies the matters when a party is substituted for another party. The rule is the same as rule 9.11 of the Federal Court Rules.

Rule 9.12 deals with interveners. The rule is the substantially the same as subrules 9.12(1) and (2) of the Federal Court Rules, with the addition of a note.

Division 9.2 deals with partnerships.

Rule 9.13 addresses proceedings brought by or against partners in the partnership name. The rule is the same as rule 9.41 of the Federal Court Rules.

Rule 9.14 deals with the disclosure of partners’ names. The rule is the same as rule 9.42 of the Federal Court Rules.

Rule 9.15 deals with a proceeding between a partnership and one or more of its members or between partnerships having one or more common members. The rule is the same as rule 9.43 of the Federal Court Rules.

Rule 9.16 addresses a person served as a partner who denies being a partner. The rule is the same as rule 9.44 of the Federal Court Rules.

Rule 9.17 provides that a response to an application brought against a partnership must be in the partnership name. The rule is substantially the same as rule 9.45 of the Federal Court Rules.

Rule 9.18 clarifies that an order for or against a partnership must be entered in the partnership name and not in the name of an individual partner. The rule is the same as rule 9.46 of the Federal Court Rules.

Division 9.3 deals with proceedings against a person carrying on a business under a business name.

Rule 9.19 addresses proceedings against a person who carries on a business under a business name. The rule is the same as rule 9.51 of the Federal Court Rules.

Rule 9.20 describes the circumstances in which a proceeding may be brought against a business name. The rule is the same as rule 9.52 of the Federal Court Rules.

Rule 9.21 describes the circumstances in which a proceeding may be brought under this Division or Division 9.2, which deals with partnerships. The rule is the same as rule 9.53 of the Federal Court Rules.

Rule 9.22 addresses the process of amending the parties in a proceeding against a person who carries on a business under a business name. The rule is the same as rule 9.54 of the Federal Court Rules.

Rule 9.23 addresses the variation of an order made against a person in the person’s business name so that the order is made against the person in the person’s name. The rule is the same as rule 9.55 of the Federal Court Rules.

Rule 9.24 deals with the Court’s power to make an order for discovery in a proceeding brought against a person in the person’s business name. The rule is the same as rule 9.56 of the Federal Court Rules.

Division 9.4 deals with litigation guardians.

Rule 9.25 deals with when a person needs a litigation guardian. A minor in a proceeding is taken to need a litigation guardian in relation to the proceeding unless the Court otherwise orders. The rule is substantially the same as rule 11.07 of the GFL Rules 2021.

Rule 9.26 provides that a person who needs a litigation guardian may start or respond to a proceeding only by the person’s litigation guardian. The rule is substantially the same as rule 9.61 of the Federal Court Rules.

Rule 9.27 addresses who may be a litigation guardian and is substantially the same as rule 9.62 of the Federal Court Rules.

Rule 9.28 deals with the appointment of a litigation guardian and is substantially the same as rule 9.63 of the Federal Court Rules.

Rule 9.29 permits a person who is authorised to conduct legal proceedings for a person who needs a litigation guardian to be the litigation guardian in any proceeding to which the authority extends. The rule is substantially the same as rule 11.11 of the GFL Rules 2021.

Rule 9.30 requires a litigation guardian to file certain documents, including the litigation guardian’s consent, before taking any steps in the proceeding. The rule is substantially the same as rule 9.64 of the Federal Court Rules.

Rule 9.31 deals with the removal of a litigation guardian and who may seek the removal. The rule is substantially the same as rule 9.65 of the Federal Court Rules.

Rule 9.32 deals with the conduct of a proceeding when a litigation guardian has been appointed. Anything that the Rules require or authorise to be done by a person who needs a litigation guardian may be done only by the litigation guardian. The rule is substantially the same as rule 9.66 of the Federal Court Rules.

Rule 9.33 provides that rule 13.08, which deals with deemed admissions, does not apply to a person who needs a litigation guardian. The rule is substantially the same as rule 9.67 of the Federal Court Rules.

Rule 9.34 provides that Part 16, which deals with discovery, inspection of documents and interrogatories, applies to a person who needs a litigation guardian and the person’s litigation guardian. The rule is substantially the same as rule 9.68 of the Federal Court Rules.

Rule 9.35 prohibits a litigation guardian from paying money into Court in a proceeding and prohibits a litigation guardian from agreeing to settle any matter in dispute in the proceeding without the Court’s approval. The rule is substantially the same as rule 9.69 of the Federal Court Rules.

Rule 9.36 deals with a litigation guardian agreeing to the compromise or settlement of any matter in dispute in a proceeding and the consequent need for the Court’s approval of the agreement. The rule is substantially the same as rule 9.70 of the Federal Court Rules.

Rule 9.37 describes how a litigation guardian applies for the Court’s approval of an agreement. The rule is substantially the same as rule 9.71 of the Federal Court Rules.

Rule 9.38 provides that the Court may make orders for the payment of the costs and expenses of a litigation guardian by a party or from the income or assets of the person for whom the litigation guardian is appointed. The rule is the same as rule 11.13 of the GFL Rules 2021.

Part 10 deals with service.

Division 10.1 addresses personal service. A note to the division lists the rules that contain a requirement of personal service. A further note points to Division 10.4 of the Federal Court Rules for service outside Australia.

Rule 10.01 deals with how personal service is effected on an individual. The rule is the same as rule 10.01 of the Federal Court Rules.

Rule 10.02 deals with how personal service is effected on a corporation. The rule is substantially the same as rule 10.02 of the Federal Court Rules.

Rule 10.03 deals with how personal service is effected on an unincorporated association. The rule is the same as rule 10.03 of the Federal Court Rules.

Rule 10.04 deals with how personal service is effected on an organisation. The rule is the substantially the same as rule 10.04 of the Federal Court Rules.

Rule 10.05 deals with how personal service is effected on a partnership. The rule is substantially the same as rule 10.05 of the Federal Court Rules.

Rule 10.06 deals with how personal service is effected in a proceeding brought against a person in the person’s business name. The rule is the same as rule 10.06 of the Federal Court Rules.

Rule 10.07 deals with how personal service is effected on a person who needs a litigation guardian. Subrules 10.07(1)-(3), (5) and (6) are substantially the same as rule 10.09 of the Federal Court Rules, and subrule 10.07(4) is substantially the same as subrule 11.14(2) of the GFL Rules 2021.

Rule 10.08 deals with personal service on a person who needs a litigation guardian. The rule is substantially the same as rule 10.10 of the Federal Court Rules.

Rule 10.09 deals with circumstances in which a person will be deemed to have been served personally. The rule is substantially the same as rule 10.11 of the Federal Court Rules.

Rule 10.10 deals with how personal service is effected when a person refuses to accept a document. The rule is the same as rule 10.12 of the Federal Court Rules.

Division 10.2 addresses service other than personal service.

Rule 10.11 covers how to prove the identity of a person served. The rule is substantially the same as rule 10.21 of the Federal Court Rules.

Rule 10.12 allows for a lawyer to accept service of an originating application for a respondent in specified circumstances. The rule is the same as rule 10.22 of the Federal Court Rules.

Rule 10.13 allows for a party to apply for an order that a document is taken to have been served if certain conditions are met. The rule is the same as rule 10.23 of the Federal Court Rules.

Rule 10.14 contains the Court’s power to dispense with service or substitute another way of serving documents if it is impracticable to serve a document in a way required under the Rules. The rule is substantially the same as rule 10.24 of the Federal Court Rules.

Rule 10.15 provides that where the Court or an officer of the Court is to give or serve a document, service may be done in any way permitted under rule 10.18, which deals with ordinary service. The rule is the same as rule 10.26 of the Federal Court Rules.

Rule 10.16 allows for an interlocutory injunction to be served electronically or by fax. The rule is the same as rule 10.27 of the Federal Court Rules.

Rule 10.17 allows for service to be effected in a way that has the person to be served has agreed. The rule is the same as rule 10.28 of the Federal Court Rules.

Division 10.3 addresses ordinary service.

Rule 10.18 covers the various ways that a document may be served when it does not need to be served personally. The rule is substantially the same as rule 10.31 of the Federal Court Rules.

Rule 10.19 sets out when a document sent electronically, by pre-paid post or by fax is taken to be served. The rule is the same as rule 10.32 of the Federal Court Rules.

Division 10.4 deals with the address for service.

Rule 10.20 requires a party to a proceeding to give an address for service. The rule also deals with how the address for service may be given, the requirements that an address for service must satisfy, and the address for service when a party is represented by a lawyer. The rule is substantially the same as rule 11.01 of the Federal Court Rules.

Rule 10.21 requires a notice of address for service for a corporation to be filed by a lawyer. The rule is the same as rule 11.02 of the Federal Court Rules.

Rule 10.22 deals with the address for service that a person who is served with an originating application must give, where the application claims that 2 or more persons are liable as partners. The rule is the same as rule 11.04 of the Federal Court Rules.

Rule 10.23 deals with the address for service in a proceeding against a person in the person’s business name. The rule is the same as rule 11.03 of the Federal Court Rules.

Rule 10.24 requires a person who is appointed as a receiver to file a notice of address for service within 7 days after the appointment. The rule is the same as rule 11.05 of the Federal Court Rules.

Rule 10.25 provides that a person who is required to file a notice of address for service in a proceeding must do so before the court date fixed in the originating application and before filing any other document in the proceeding. The rule is the same as rule 11.06 of the Federal Court Rules.

Rule 10.26 requires a person to use the approved form to file a notice of address for service. The rule is the same as rule 11.07 of the Federal Court Rules.

Rule 10.27 requires a person who has filed a notice of address for service to serve a sealed copy of the notice on each other party to the proceeding. The rule is substantially the same as rule 11.08 of the Federal Court Rules.

Rule 10.28 requires a party whose address for service changes during a proceeding to file a notice of address for service and serve the notice on each other party, within 7 days after the change. The rule is substantially the same as rule 6.02 of the GFL Rules 2021.

Division 10.5 deals with evidence of service.

Rule 10.29 requires that evidence of service be given by affidavit. The approved form of the affidavit of service may be used. The rule is substantially the same as rule 6.05 of the GFL Rules 2021.

Part 11 deals with submitting notices.

Rule 11.01 provides that a party who has been served and does not want to contest the relief sought may file a submitting notice in the approved form. The rule contains details about the submitting notice. The rule is substantially the same as rule 12.01 of the Federal Court Rules.

Part 12 deals with applications to set aside an originating application.

Rule 12.01 deals with how a respondent may seek to challenge the validity of an originating application or service of that originating application. The rule is substantially the same as rule 13.01 of the Federal Court Rules.

Part 13 deals with pleadings.

Division 13.1 contains pleading rules of general application.

Rule 13.01 describes the application of Division 13.1. Subrule (2) is the same as rule 16.01A of the Federal Court Rules.

Rule 13.02 requires the pleading to include the name of the person who prepared it. The rule is the same as rule 16.01 of the Federal Court Rules.

Rule 13.03 describes in general terms the format and content of a pleading. Subrules (2)(6) are substantially the same as rule 16.02 of the Federal Court Rules.

Rule 13.04 deals with when a fact must be pleaded. The rule is the same as rule 16.03 of the Federal Court Rules.

Rule 13.05 addresses the pleading of documents or spoken words. The rule is the same as rule 16.04 of the Federal Court Rules.

Rule 13.06 deals with conditions precedent to a party’s right of action. The rule is the same as rule 16.05 of the Federal Court Rules.

Rule 13.07 prohibits a party from pleading inconsistent allegations of fact or inconsistent grounds or claims except as alternatives. The rule is the same as rule 16.06 of the Federal Court Rules.

Rule 13.08 deals with admissions, denials and deemed admissions in pleadings. The rule is the same as rule 16.07 of the Federal Court Rules.

Rule 13.09 details various matters that must be expressly pleading. The rule is the same as rule 16.08 of the Federal Court Rules.

Rule 13.10 provides that a respondent cannot plead the defence of tender before the start of the proceeding unless the respondent has made an offer to pay the money, in accordance with Part 19, which deals with offers to settle. The rule is the same as rule 16.09 of the Federal Court Rules.

Rule 13.11 addresses set-off as a defence against the applicant’s claim. The rule is the same as rule 16.10 of the Federal Court Rules.

Rule 13.12 addresses the implying of a joinder of issue and a note to the rule clarifies the meaning and operation of a joinder of issue. The rule is the same as rule 16.11 of the Federal Court Rules.

Rule 13.13 clarifies when pleadings close and is the same as rule 16.12 of the Federal Court Rules.

Rule 13.14 states which provisions of this Division apply to an alternative accompanying document, provided for in rule 8.04. The rule is the same as rule 16.13 of the Federal Court Rules.

Division 13.2 deals with the striking out of pleadings.

Rule 13.15 describes the bases on which a party may apply for an order that all or part of a pleading be struck out. The rule is the same as rule 16.21 of the Federal Court Rules.

Division 13.3 deals with the progress of pleadings.

Rule 13.16 describes when Division 13.3 applies. The rule is substantially the same as rule 16.31 of the Federal Court Rules.

Rule 13.17 deals with the circumstances in which a reply is required. The rule is substantially the same as rule 16.33 of the Federal Court Rules.

Division 13.4 deals with particulars in pleadings.

Rule 13.18 describes when Division 13.4 applies and is the same as rule 16.41A of the Federal Court Rules.

Rule 13.19 details the requirement to include particulars in pleadings. Several notes to the rule explain the object and function of particulars. The rule is the same as rule 16.41 of the Federal Court Rules.

Rule 13.20 requires a party who pleads fraud, misrepresentation, unconscionable conduct, breach of trust, wilful default or undue influence to state particulars of the facts on which the party relies. The rule is the same as rule 16.42 of the Federal Court Rules.

Rule 13.21 requires a party who pleads a “condition of mind”, which is defined in the rule, to state particulars of the facts on which the party relies. The rule is the same as rule 16.43 of the Federal Court Rules.

Rule 13.22 requires a party who claims damages that includes money that the party has paid, or is liable to pay, to state in a pleading the amount of the money paid or liable to be paid. If the party claims exemplary damages, the pleading must also state particulars of the facts on which the claim is based. The rule is the same as rule 16.44 of the Federal Court Rules.

Rule 13.23 describes the circumstances in which a party may seek an order for particulars. The rule is the same as rule 16.45 of the Federal Court Rules.

Division 13.5 deals with the amendment of pleadings.

Rule 13.24 describes when a party may amend pleadings without needing the leave of the Court. A note to the rule clarifies the object of the rule. The rule is the same as rule 16.51 of the Federal Court Rules.

Rule 13.25 deals with the Court’s disallowance of an amendment to the pleadings. A note to the rule clarifies when the Court will disallow an amendment. The rule is the same as rule 16.52 of the Federal Court Rules.

Rule 13.26 deals with a party’s application to amend pleadings where leave of the Court is required. The rule is the same as rule 16.53 of the Federal Court Rules.

Rule 13.27 clarifies when an amendment of a pleading made under rule 13.24 takes effect. The rule is substantially the same as rule 16.54 of the Federal Court Rules.

Rule 13.28 deals with the consequential amendment of a defence, following the amendment of a statement of claim. The rule is the same as rule 16.55 of the Federal Court Rules.

Rule 13.29 deals with the consequential amendment of a reply, following the amendment of a defence. The rule is the same as rule 16.56 of the Federal Court Rules.

Rule 13.30 deals with the implied joinder of issues after the amendment of a defence or reply. The rule is the same as rule 16.57 of the Federal Court Rules.

Rule 13.31 deals with the time for amending a pleading when the Court has permitted the amendment. The rule is the same as rule 16.58 of the Federal Court Rules.

Rule 13.32 describes the procedure for amending a pleading if leave to amend is not needed. The rule is similar to rule 16.59 of the Federal Court Rules.

Rule 13.33 addresses service of an amended pleading. The rule is the same as rule 16.60 of the Federal Court Rules.

Part 14 deals with interlocutory applications.

Rule 14.01 requires a party to file an interlocutory application if the party wants to apply for an order in a proceeding that has already begun. The rule contains details about the interlocutory application. The rule is substantially the same as rule 17.01 of the Federal Court Rules.

Rule 14.02 addresses the circumstances in which a party may rely on correspondence or other documents, rather than providing an affidavit. The rule is the same as rule 17.02 of the Federal Court Rules.

Rule 14.03 allows a party to apply for an order to serve the interlocutory application on a party who has not filed a notice of address for service and on a person who is not a party. The rule is the same as rule 17.03 of the Federal Court Rules.

Rule 14.04 addresses the Court’s power to hear and determine an interlocutory application in the absence of a party. The rule is the same as rule 17.04 of the Federal Court Rules, with the addition of a note under rule 14.04 regarding the power of the court to dismiss the application if the party making the interlocutory application is absent.

Part 15 deals with security for costs.

Rule 15.01 deals with an application by a respondent for an order for security for the respondent’s costs of the proceeding. A note to the rule is a reminder that the Court’s power to order that an applicant give security for costs derives from section 215 of the Federal Circuit and Family Court Act. The rule is the same as rule 19.01 of the Federal Court Rules.

Part 16 covers discovery, inspection of documents and interrogatories.

Division 16.1 contains rules of general application in relation to discovery.

Rule 16.01 allows for a declaration to be made to allow discovery. A note to the rule provides a reminder that under subsections 176(2) and (3) of the Federal Circuit and Family Court Act, discovery is not allowed in a proceeding unless the Court declares that it is appropriate in the interests of the administration of justice. A further note serves as a reminder that the overarching purpose of case management in the Court is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible. The rule is substantially the same as subrule 14.02(1) of the GFL Rules 2021.

Rule 16.02 states that a party may provide documents for the purpose of a proceeding at the request of another party without a Court order for discovery. There is no equivalent rule in the GFL Rules 2021.

Rule 16.03 states that this Division does not affect any rule of law under which a document may be withheld on the ground that its disclosure would injure the public interest. The rule is the same as rule 20.01 of the Federal Court Rules.

Rule 16.04 clarifies that an order for discovery does not require the person against whom the order is made to produce any document that is privileged. The rule is the same as rule 20.02 of the Federal Court Rules.

Rule 16.05 provides that if a document is read or referred to in open court in a way that discloses its contents, any express order or implied undertaking not to use the document except in relation to a particular proceeding no longer applies. The right to use a document after it has been disclosed in open Court is subject to any order of the Court on the application of a party or person to whom the document belongs. The rule is the same as rule 20.03 of the Federal Court Rules.

Division 16.2 contains rules relating to discovery.

Rule 16.06 deals with applications for discovery. The rule is substantially the same as rule 20.13 of the Federal Court Rules.

Rule 16.07 addresses the types of order for discovery that the Court may make. Subrule 16.07(1) is similar to subrule 14.02(2) of the GFL Rules 2021 and subrules 16.07(2) and (3) are substantially the same as subrules 20.14(1) and (4) of the Federal Court Rules.

Rule 16.08 deals with the Court’s power to inspect a document to determine whether a claim of privilege is valid and addresses certain grounds that would not give rise to privilege. Subrule 16.08(1) is similar to rule 14.05 of the GFL Rules 2021. Subrule 16.08(2) is the same as rule 20.19 of the Federal Court Rules.

Rule 16.09 clarifies that a party gives discovery by serving on all parties to the proceeding a list of documents and accompanying affidavit. The rule is the same as rule 20.16 of the Federal Court Rules.

Rule 16.10 details what a list of documents must describe and requires that a person with knowledge of the relevant facts file an affidavit verifying the list of documents. The rule is substantially the same as subrules 20.17(2) and (4) of the Federal Court Rules.

Rule 16.11 deals with the Court’s power to order a party to a proceeding to file an affidavit stating whether a document or a category of documents is or has been in the party’s control and if the document or category of documents has been, but is not then, in the party’s control—when it was last in the party’s control and what became of it. The rule is the same as rule 20.21 of the Federal Court Rules.

Division 16.3 addresses the production of documents for inspection.

Rule 16.12 deals with the production of documents referred to in a document or affidavit so that a party may inspect them. The rule is the same as rule 20.31 of the Federal Court Rules.

Rule 16.13 deals with the production of documents included in a party’s list of documents and in that party’s control so that another party may inspect them. Subrules 16.13(1) and (2) are the same as rule 20.32 of the Federal Court Rules. Subrule 16.13(3) is the same as rule 14.07 of the GFL Rules 2021.

Rule 16.14 permits a party to whom a document is produced for inspection under this Division to copy the document subject to any reasonable conditions imposed by the person producing the document. The copying is at the expense of the party inspecting the document. The rule is the same as rule 20.34 of the Federal Court Rules.

Rule 16.15 deals with the Court’s power to order a party to produce to the Court a document in the party’s control relating to an issue in the proceeding and the Court’s power to inspect the document to determine whether the document is privileged from production. The rule is the same as rule 20.35 of the Federal Court Rules.

Division 16.4 covers interrogatories

Rule 16.16 allows for a declaration to be made to allow interrogatories. A note to the rule provides a reminder that under subsections 176(2) and (3) of the Federal Circuit and Family Court Act, interrogatories are not allowed in a proceeding unless the Court declares that it is appropriate in the interests of the administration of justice. A further note serves as a reminder that the overarching purpose of case management in the Court is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible. The rule is substantially the same as rule 14.01 of the GFL Rules 2021.

Part 17 covers evidence.

Division 17.1 contains rules of general application in relation to evidence.

Rule 17.01 provides that the Court may make a decision in a proceeding without an oral hearing if the parties to the proceeding consent to the making of the decision without an oral hearing. The rule is the substantially the same as rule 15.02 of the GFL Rules 2021.

Rule 17.02 provides that a transcript of proceedings prepared at the direction of the Court may be received in evidence as a true record of the proceedings except to the extent that it is shown not to be a true record. The rule is the same as rule 15.04 of the Federal Court Rules.

Division 17.2 contains rules relating to admissions.

Rule 17.03 allows a party to serve a notice on another party requiring that other party to admit the truth of a fact or the authenticity of a document. The rule is substantially the same as rule 22.01 of the Federal Court Rules.

Rule 17.04 allows a party on whom a notice to admit is served to dispute the truth of any fact or the authenticity of any document. The rule is substantially the same as rule 22.02 of the Federal Court Rules.

Rule 17.05 requires the disputing party to pay the costs of proving the truth of a fact or the authenticity of a document if the truth or authenticity is proved. The rule is substantially the same as rule 22.03 of the Federal Court Rules.

Rule 17.06 covers the circumstances in which a party is taken to have admitted the truth of a fact or the authenticity of a document. The rule is substantially the same as rule 22.04 of the Federal Court Rules.

Rule 17.07 deals with when a party is taken to have admitted the authenticity of a document. The rule is the same as rule 22.05 of the Federal Court Rules.

Rule 17.08 allows a party to seek leave to withdraw an admission made under this Part. The rule is the same as rule 22.06 of the Federal Court Rules.

Division 17.3 contains rules relating to affidavits.

Rule 17.09 clarifies that an affidavit may be sworn or affirmed before or after a proceeding starts. The rule is the same as rule 29.01 of the Federal Court Rules.

Rule 17.10 deals with the requirements in the form and making of an affidavit, including numbering requirements, signing requirements and the requirement to initial any alteration in the affidavit. The rule is substantially the same as subrules 29.02(1)(3), (6) and (7) of the Federal Court Rules.

Rule 17.11 deals with the annexing and exhibiting of documents to an affidavit. A note to subrule 17.11(4) provides an example of how annexures are to be paginated. The rule is substantially the same as subrules 29.02(4), (5) and (8)(11) of the Federal Court Rules.

Rule 17.12 deals with the circumstances in which the Court or a Registrar may order material to be struck out of an affidavit. The rule is the same as rule 29.03 of the Federal Court Rules.

Rule 17.13 deals with the requirements involved in making an affidavit if the person making the affidavit is unable to read, or is physically incapable of signing the affidavit, or does not have an adequate command of English. The rule also addresses how such an affidavit may be used in a proceeding. The rule is substantially the same as rule 15.14 of the GFL Rules 2021.

Rule 17.14 requires that copies of any documents exhibited or annexed to an affidavit be served with the affidavit. The rule is the same as rule 29.05 of the Federal Court Rules.

Rule 17.15 allows for an affidavit to be accepted for filing despite an irregularity in form. The rule is the same as rule 29.06 of the Federal Court Rules.

Rule 17.16 deals with the Court’s power to allow an affidavit to be used without cross-examination of the maker of the affidavit. Subrules 17.16(1) and (2) are the same as subrules 29.09(1) and (2). Subrule 17.16(3) is the same as rule 15.17 of the GFL Rules 2021.

Division 17.4 contains rules relating to expert evidence.

Rule 17.17 deals with the appointment of a court expert. The rule is substantially the same as rule 15.08 of the GFL Rules 2021.

Rule 17.18 provides that the parties are jointly liable to pay the reasonable remuneration and expenses of the court expert for preparing a report. The rule is substantially the same as rule 15.10 of the GFL Rules 2021.

Rule 17.19 deals with the handling of the Court expert’s report. The rule is substantially the same as rule 15.09 of the GFL Rules 2021.

Rule 17.20 provides that if a court expert has made a report on a question, a party may adduce evidence of another expert on the question with the leave of the Court. The rule is the same as rule 15.11 of the GFL Rules 2021.

Rule 17.21 requires a party who intends to retain an expert to first give the expert any practice direction dealing with guidelines for expert witnesses in proceedings in the Court. The rule is substantially the same as rule 23.12 of the Federal Court Rules.

Rule 17.22 deals with what an expert report must contain. The rule is substantially the same as rule 23.13 of the Federal Court Rules.

Rule 17.23 allows a party to apply to the Court for an order that another party provide copies of that other party’s expert report. The rule is the same as rule 23.14 of the Federal Court Rules.

Rule 17.24 deals with the circumstance where 2 or more parties to a proceeding call expert witnesses to give opinion evidence about the same, or a similar, question. A note to the rule contains an example of how the Court might direct that the expert evidence be given. The rule is the same as rule 15.07 of the GFL Rules 2021, with the inclusion of additional notes to rule 17.24 pointing to the Court’s power to make directions about expert reports and evidence, and the Court’s power to dispense with compliance with the Rules and to make orders inconsistent with the Rules.

Part 18 deals with subpoenas.

Division 18.1 deals with leave to issue a subpoena.

Rule 18.01 provides that a party must not request the issue of more than 5 subpoenas in a proceeding unless the Court directs otherwise. The rule is substantially the same as rule 16.04 of the GFL Rules 2021.

Rule 18.02 permits a party to apply to the Court for leave to issue more than 5 subpoenas in a proceeding. The rule is the same as subrule 24.01(2) of the Federal Court Rules.

Division 18.2 covers subpoenas to give evidence and to produce documents and contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices’ Rules Harmonisation Committee.

Rule 18.03 contains definitions for Division 18.2. The rule is the same as subrules 24.11(2) and (3) of the Federal Court Rules.

Rule 18.04 deals with the issuing of subpoenas. The rule is substantially the same as rule 24.12 of the Federal Court Rules.

Rule 18.05 contains requirements in relation to the form of the subpoena. The rule is substantially the same as subrules 24.13(1) to (7) of the Federal Court Rules.

Rule 18.06 deals with the time limits on serving a subpoena. The rule is the same as subrule 24.13(8) of the Federal Court Rules.

Rule 18.07 provides that if the addressee of a subpoena is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer. The rule is the same as subrule 24.13(9) of the Federal Court Rules.

Rule 18.08 addresses the circumstance where a party gives notice to the addressee of a date or time later than the date or time specified in the subpoena. The rule is substantially the same as rule 24.14 of the Federal Court Rules.

Rule 18.09 provides that on application, the Court may make an order setting aside all or part of a subpoena. The rule is substantially the same as rule 24.15 of the Federal Court Rules.

Rule 18.10 deals with service of a subpoena. The rule makes clear that a subpoena must be served personally on the addressee and within 3 months after it is issued. The rule is similar to rule 24.16 of the Federal Court Rules.

Rule 18.11 contains details about compliance with a subpoena. The rule is substantially the same as rule 24.17 of the Federal Court Rules.

Rule 18.12 contains details about production of a document or thing if a person is served with a subpoena for production. The rule is substantially the same as rule 24.18 of the Federal Court Rules.

Rule 18.13 permits the Court to give directions about the removal from and return to the Court, and the inspection, copying and disposal, of any document or thing that has been produced to the Court in response to a subpoena. The rule is the same as rule 24.19 of the Federal Court Rules.

Rule 18.14 deals with the way in which a person who inspects or copies a document under the Rules or an order may use a document or disclose the content of a document, including as between a lawyer and client. The rule is similar to subrules 16.11(2) and (3) of the GFL Rules 2021.

Rule 18.15 contains details related to how documents and things produced otherwise than on attendance may be inspected and dealt with. The rule is substantially the same as rule 24.20 of the Federal Court Rules.

Rule 18.16 deals with the return of documents and things produced in response to a subpoena. The rule is the same as rule 24.21 of the Federal Court Rules.

Rule 18.17 deals with Court orders relating to the costs and expenses of compliance with a subpoena. The rule is the same as rule 24.22 of the Federal Court Rules.

Rule 18.18 contains the action the Court may take if a person fails, without lawful excuse, to comply with a subpoena. In particular, the rule addresses contempt of court. The rule is the same as rule 24.23 of the Federal Court Rules.

Rule 18.19 describes the procedure involved in seeking production of a document or thing in the custody of another court. The rule is similar to rule 24.24 of the Federal Court Rules.

Part 19 covers offers to settle.

Rule 19.01 provides that a party may make an offer to compromise by serving a notice on another party and makes clear that the notice must not be filed in the Court. The rule is substantially the same as rule 25.01 of the Federal Court Rules.

Rule 19.02 requires the notice to be signed by the offeror or the offeror’s lawyer. The rule is substantially the same as rule 25.02 of the Federal Court Rules.

Rule 19.03 contains details that must be included in an offer to compromise. The rule is the same as rule 25.03 of the Federal Court Rules.

Rule 19.04 establishes that an offer to pay a sum of money is taken to be an offer that the sum will be paid within 28 days after the offer is accepted, unless the notice provides otherwise. The rule is the same as rule 25.04 of the Federal Court Rules.

Rule 19.05 addresses the timing around the making of an offer to settle. The rule is the same as rule 25.05 of the Federal Court Rules.

Rule 19.06 provides that a pleading or affidavit must not contain a statement that an offer has been made and no communication about the existence or terms of a without prejudice offer may be made to the Court until certain events occur. The rule is the same as rule 25.06 of the Federal Court Rules.

Rule 19.07 deals with the circumstances in which an offer may be withdrawn. The rule is the same as rule 25.07 of the Federal Court Rules.

Rule 19.08 deals with the timing for accepting an offer. The rule is the same as rule 25.08 of the Federal Court Rules.

Rule 19.09 deals with the circumstances in which acceptance of an offer may be withdrawn. The rule is the same as rule 25.09 of the Federal Court Rules.

Rule 19.10 deals with the consequences of an offeror’s failure to comply with the terms of an offer that has been accepted. The rule is the same as rule 25.10 of the Federal Court Rules.

Rule 19.11 deals with how rule 19.20 operates where there are multiple respondents. The rule is the same as rule 25.11 of the Federal Court Rules.

Rule 19.12 requires a party who applies for costs in relation to an offer to compromise to have regard to the relevant Federal Court Rules and any relevant practice direction.

Rule 19.13 makes clear that this Part does not apply to migration proceedings.

Part 20 deals with the transfer of proceedings to the Federal Court.

Rule 20.01 deals with the transfer of a proceeding from the Court to the Federal Court and the factors the Court must have regard to in considering an application to transfer a proceeding to the Federal Court. A note to subrule (1) serves as a reminder that the power to transfer a proceeding arises under subsection 153(1) of the Federal Circuit and Family Court Act. The rule is the same as rule 8.02 of the GFL Rules 2021.

Part 21 deals with dispute resolution.

Division 21.1 contains rules of general application in relation to dispute resolution.

Rule 21.01 requires parties to consider dispute resolution processes, including mediation, as early as is reasonably practicable. Notes to the rule point to various provisions in the Federal Circuit and Family Court Act that address dispute resolution. The rule is similar to rule 28.01 of the Federal Court Rules.

Rule 21.02 deals with orders that may be sought referring a matter to mediation or, with the parties’ consent, arbitration. The rule is similar to rule 28.02 of the Federal Court Rules.

Rule 21.03 requires that, if a proceeding is referred to a mediator or, with the consent of the parties, to an arbitrator, the mediation or arbitration proceed in accordance with Part 21. The rule is substantially similar to rule 28.03 of the Federal Court Rules.

Rule 21.04 requires that a party attend a mediation in person and be represented at the mediation by a lawyer in person. The rule is substantially the same as subrule 30.14(3) of the GFL Rules 2021.

Rule 21.05 states that the Court may end a mediation or an arbitration at any time and may terminate the appointment of a mediator or arbitrator. The rule is similar to rule 28.04 of the Federal Court Rules.

Rule 21.06 requires an application under section 162 of the Federal Circuit and Family Court Act to be made by interlocutory application. A note to the rule clarifies that section 162 deals with a party’s right to apply to the Court to determine a question of law.

Rule 21.07 requires the partes to seek directions from the Court if they decide to refer a proceeding to conciliation, mediation, arbitration or other dispute resolution process. The rule is substantially the same as rule 28.05 of the Federal Court Rules.

Rule 21.08 permits parties who have resolved a proceeding between them following a dispute resolution process to discontinue the proceeding or seek consent orders. The rule is substantially the same as rule 10.04 of the GFL Rules 2021.

Division 21.2 contains rules relating to mediation.

Rule 21.09 deals with the nomination of a mediator by a Registrar and the fixing of a time and date for the mediation. A note to the rule describes how the Registrar will fix the time and date for mediation. The rule is the same as rule 28.21 of the Federal Court Rules.

Rule 21.10 addresses the Court’s power to appoint a new mediator or arbitrator if the Court terminates the appointment of a mediator. The rule is similar to subrules 23.03(1) and (3) of the GFL Rules 2021.

Rule 21.11 requires a mediation to be conducted in accordance with any orders made by the Court. The rule is the same as rule 28.22 of the Federal Court Rules.

Rule 21.12 provides that if only part of a proceeding is the subject of a mediation order, on the conclusion of the mediation, the mediator may report to the Court in terms that the parties agree. The rule is substantially the same as rule 28.23 of the Federal Court Rules.

Rule 21.13 provides that if the mediator considers that a mediation should not continue, the mediator must, subject to any order of the Court, end the mediation and advise the Court of the outcome. The rule is substantially similar to rule 28.24 of the Federal Court Rules.

Division 21.3 deals with the Court’s referral of a matter to an officer of the Court.

Rule 21.14 deals with the power of the Court to refer to a Registrar any claim or application relating to any matter before the Court for investigation, report and recommendation. The rule also outlines the power of a Registrar to whom a claim or application is referred for investigation. The rule is, in part, the same as rule 19.01 of the GFL Rules 2021.

Part 22 deals with hearings.

Division 22.1 deals with the separate hearing of a question in a proceeding.

Rule 22.01 permits a party to apply to the Court for an order that a question arising in the proceeding be heard separately from any other questions. Subrule 22.01(1) is substantially the same as subrule 30.01(1) of the Federal Court Rules. Subrule 22.01(2) is substantially the same as paragraph 18.03(a) of the GFL Rules 2021.

Rule 22.02 deals with how the Court may dispose of a proceeding after it has heard a separate question. The rule is the same as rule 30.02 of the Federal Court Rules.

Division 22.2 deals with consolidation of proceedings before trial.

Rule 22.03 addresses how a Court may deal with several pending proceedings that involve some common question of fact or law or arise out of the same transaction or series of transactions. The rule is the same as rule 30.11 of the Federal Court Rules.

Division 22.3 deals with the absence of a party or parties at a hearing.

Rule 22.04 deals with the action the Court may take if a party to a proceeding is absent from a hearing. The rule is substantially similar to rule 30.21 of the Federal Court Rules, read together with rule 13.06 of the GFL Rules 2021.

Rule 22.05 deals with the action the Court may take if no party appears at a hearing. The rule is substantially the same as rule 30.22 of the Federal Court Rules.

Division 22.4 deals with trials.

Rule 22.06 addresses limitations that a party may seek at or before a trial on matters such as the length of submissions, the time allowed for presenting a party’s case and the number of witnesses. The rule is the same as rule 30.23 of the Federal Court Rules.

Rule 22.07 deals with the action the Court may take in relation to judgment if a party dies after the hearing of the proceeding has concluded. The rule is the same as rule 30.24 of the Federal Court Rules.

Rule 22.08 permits a party to apply to the Court to read evidence taken in another proceeding. A note to the rule clarifies that evidence includes an affidavit filed in another proceeding. The rule is the same as rule 30.25 of the Federal Court Rules.

Rule 22.09 requires a party who intends to tender any plan, photograph or model in a proceeding to give the other parties an opportunity to inspect it and agree to its admission without proof. The rule is the same as rule 30.26 of the Federal Court Rules.

Rule 22.10 addresses what documents constitute evidence of consent. The rule is the same as rule 30.27 of the Federal Court Rules.

Rule 22.11 permits a party to serve on another party a notice to produce a document or thing in the party’s control and addresses what the party may do if the document or thing is not produced. A note to the rule addresses costs consequences of failing to comply with a notice to produce. The rule is substantially the same as rule 30.28 of the Federal Court Rules.

Rule 22.12 addresses the orders the Court may make in relation to a party or witness who is in lawful custody. The rule is the same as rule 30.33 of the Federal Court Rules.

Rule 22.13 permits a party to seek an order requiring an identified person to attend for examination or for production of a document or thing. The rule is substantially the same as rule 30.34 of the Federal Court Rules.

Part 23 covers the various ways a proceeding may be finalised.

Division 23.1 deals with withdrawal of a plea or defence and discontinuance of a proceeding.

Rule 23.01 addresses the withdrawal of a plea and the notice of withdrawal that must be filed in that circumstance. The rule is substantially the same as rule 26.11 of the Federal Court Rules.

Rule 23.02 addresses a party’s discontinuance of a proceeding, in whole or in part, and the notice of discontinuance that must be filed in that circumstance. The rule is substantially similar to rule 26.12 of the Federal Court Rules.

Rule 23.03 requires a party who files a notice under rule 23.01 or 23.02 to serve a copy of the notice on each other party to the proceeding as soon as reasonably practicable. The rule is the same as rule 26.13 of the Federal Court Rules.

Rule 23.04 clarifies that discontinuance under this Division cannot be pleaded as a defence to a proceeding in relation to the same, or substantially the same, cause of action. The rule is the same as rule 26.14 of the Federal Court Rules.

Rule 23.05 permits a party to a proceeding to apply for costs if another party discontinues an application. The rule requires the application to be made within 28 days after service on the party of the notice of discontinuance. The rule clarifies that this rule does not apply to migration proceedings. Subrules 23.05(1) and (2) are substantially similar to subrules 13.02(1) and (2) of the GFL Rules 2021.

Rule 23.06 permits an opposing party to seek a stay of a subsequent proceeding on the same or substantially the same cause of action until the costs of a discontinued proceeding are paid. The rule is substantially similar to rule 26.15 of the Federal Court Rules.

Division 23.2 deals with consent orders.

Rule 23.07 deals with the making of consent orders. Subrules 23.07(1) to (3) are substantially similar to rule 39.11 of the Federal Court Rules. Subrule 23.07(4) is the same as rule 13.09 of the GFL Rules 2021 and subrule 23.07(5) is substantially the same as subrule 13.08(4) of the GFL Rules 2021.

Division 23.3 deals with summary orders.

Rule 23.08 addresses the circumstances in which summary judgment may be granted and the effect of such judgment on cross-claims. The rule is substantially the same as subrules 26.01(1), (4) and (5) of the Federal Court Rules.

Rule 23.09 deals with the Court’s power to dismiss a proceeding, or a part of a proceeding, if a party has not taken a step in the proceeding for 6 months. Written notice must be given to each party to the proceeding before the Court orders the dismissal. The rule is substantially similar to rule 13.16 of the GFL Rules 2021.

Rule 23.10 permits an opposing party to seek a stay of a subsequent proceeding on the same or substantially the same cause of action until the costs of a proceeding in which the Court gives summary judgment are paid. The rule is substantially similar to rule 26.15 of the Federal Court Rules.

Part 24 deals with orders.

Division 24.1 deals with judgments and orders.

Rule 24.01 states that a judgment or an order takes effect on the day the judgment is given or the order is made. A note to the rule serves as a reminder that the Court may make orders inconsistent with the Rules. The rule is substantially the same as rule 39.01 of the Federal Court Rules.

Rule 24.02 addresses the time within which a person must comply with an order of the Court. The rule is substantially similar to rule 39.02 of the Federal Court Rules.

Rule 24.03 covers the power of the Court to vary or set aside a judgment or order before it has been entered. The rule is the same as rule 39.04 of the Federal Court Rules.

Rule 24.04 covers the power of the Court to vary or set aside a judgment or order after it has been entered. The rule is substantially similar to rule 39.05 of the Federal Court Rules.

Rule 24.05 specifies the rate at which interest is payable on a judgment debt. A note to the rule points to the section of the Federal Circuit and Family Court Act dealing with interest on a judgment debt. A further note deals with pre-judgment interest. The rule is substantially the same as rule 39.06 of the Federal Court Rules.

Rule 24.06 deals with orders that a party may seek for a person’s failure to fulfil an undertaking made to the Court. A note to the rule serves as a reminder that an undertaking to the Court has the same force and effect as an order of the Court. The rule is the same as rule 39.21 of the Federal Court Rules.

Division 24.2 deals with the entry of judgments and orders.

Rule 24.07 addresses when entry of a judgment or an order is required. The rule is substantially similar to rule 39.31 of the Federal Court Rules.

Rule 24.08 addresses how an order may be entered. The rule is substantially the same as rule 17.08 of the GFL Rules 2021.

Chapter 3—Special classes of proceedings

Chapter 3 contains Parts 25–31

Part 25 covers migration proceedings.

Division 25.1 contains preliminary rules relating to migration proceedings.

Rule 25.01 states that an expression used in this Part that is defined in the Migration Act has the same meaning in this Part as it has in that Act. The rule is substantially the same as rule 31.21 of the Federal Court Rules.

Rule 25.02 provides that Part 25 applies to a proceeding for review of a migration decision made in the exercise of the Court’s jurisdiction under section 476 of the Migration Act 1958. Part 25 also applies to a matter, or part of a matter, remitted to the Court by the High Court under section 44 of the Judiciary Act 1903, subject to any order of the High Court in the matter. The rule is similar to rule 29.02 of the GFL Rules 2021.

Division 25.2 addresses matters started in the Court.

Rule 25.03 provides that Division 25.2 applies to a matter started in the Court. The rule is the same as rule 29.04 of the GFL Rules 2021.

Rule 25.04 requires an application for review of a migration decision to be made in the approved form and supported by an affidavit. The rule also requires the application to identify and detail certain matters. Subrules 25.04(1) and (3) are substantially the same as rule 29.05 of the Federal Court Rules. Subrule 25.04(4) is the same as subrule 29.05(2) of the GFL Rules 2021.

Rule 25.05 deals with the response to an application for judicial review of a migration decision, and the information that must be included in addition to the requirements in rule 8.15. The rule is similar to rule 29.06 of the GFL Rules 2021, read together with rule 31.24 of the Federal Court Rules.

Division 25.3 addresses matters remitted by the High Court.

Rule 25.06 provides that Division 25.3 (rules 25.0625.08) applies to a matter remitted to the Court by the High Court, subject to any direction of the High Court in the matter. The rule is the same as rule 29.07 of the GFL Rules 2021.

Rule 25.07 deals with the filing of an order of remittal from the High Court and the registry in which the order must be filed. The rule is substantially similar to rule 29.08 of the GFL Rules 2021.

Rule 25.08 deals with the notice a Registrar must affix to the High Court’s order. The notice and the High Court’s order must be served on each party to the proceeding in the High Court and on any other person who the Court or a Registrar directs should be so served. The rule is substantially similar to rule 29.09 of the GFL Rules 2021.

Division 25.4 contains rules of general application in migration proceedings.

Rule 25.09 provides that the Court may grant, discharge or vary a stay of the proceedings to which an application for judicial review of a migration decision relates. The rule is the same as rule 29.10 of the GFL Rules 2021.

Rule 25.10 deals with the orders and directions that the Court may give for the conduct of a proceeding under Part 25. Subrule 25.10(2) provides that the Court may give orders or directions in chambers without a hearing and may require the parties to an application to attend a hearing. The rule is substantially the same as rule 29.11 of the GFL Rules 2021.

Rule 25.11 requires a party to an application under this Part who seeks to have a judgment or order varied or set aside under rule 24.04 must file an application to vary or set aside within 21 days after the judgment or order was entered. No equivalent rule exists in the GFL Rules 2021.

Rule 25.12 sets out the circumstances in which the written reasons for judgment will be published when a Judge has delivered reasons for judgment ex tempore. No equivalent rule exists in the GFL Rules 2021.

Rule 25.13 provides that a writ issued by the Court under Part 25 must be served and complied with in accordance with the High Court Rules 2004. The rule is similar to rule 29.12 of the GFL Rules 2021.

Rule 25.14 deals with costs in a proceeding under Part 25 and the costs orders that the Court may make, including orders in chambers in accordance with Division 2 of Part 3 of Schedule 2. Subrule 25.14(1) is similar in part to subrule 29.13(1) of the GFL Rules 2021. Subrules 25.14(2) and (3) are the same as subrules 29.13(2) and (3).

Rule 25.15 provides that the Court may certify that it was reasonable to employ an advocate, or more than one advocate, to appear for a party to a migration proceeding. There is no equivalent rule in the GFL Rules 2021.

Rule 25.16 permits the Court to dismiss an application if the applicant dies and no interest or liability in the proceeding survives the applicant’s death. Such an order may be made in chambers without a hearing. There is no equivalent rule in the GFL Rules 2021.

Part 26 covers judicial review under the AD(JR) Act.

Rule 26.01 provides that Part 26 applies to a proceeding under the Administrative Decisions (Judicial Review) Act 1977. The rule is the same as subrule 27.01(1) of the GFL Rules 2021.

Rule 26.02 requires a person who wants to apply for an order of review under subsection 11(1) of the Administrative Decisions (Judicial Review) Act 1977 to file an originating application in the approved form. If the grounds of the application include an allegation of fraud or bad faith, the originating application must include details of the alleged fraud or bad faith. The rule is substantially the same as rule 27.02 of the GFL Rules 2021.

Rule 26.03 deals with an application for an extension of time within which to lodge an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977. The rule is substantially the same as rule 27.03 of the GFL Rules 2021.

Rule 26.04 deals with the application for a stay of a proceeding. No equivalent rule exists in the GFL Rules 2021.

Rule 26.05 deals with the documents to be filed and served with an application. The rule is substantially the same as rule 27.04 of the GFL Rules 2021.

Rule 26.06 provides that a party to an application may apply to the Court for an order that the application be served on the Attorney-General or on a specified person or class of persons in a specified manner. The rule is the same as rule 27.05 of the GFL Rules 2021.

Rule 26.07 deals with a notice of objection to competency. The rule is substantially the same as rule 27.06 of the GFL Rules 2021.

Part 27 deals with Administrative Review Tribunal appeals.

Rule 27.01 provides that Part 27 applies to an appeal from the Administrative Review Tribunal (ART) transferred to the Court from the Federal Court. The rule is substantially similar to subrule 28.02(1) of the GFL Rules 2021.

Rule 27.02 permits an applicant to apply to the Court for leave to raise a question of law that was not stated in the notice of appeal. The rule is substantially similar to rule 33.15 of the Federal Court Rules.

Rule 27.03 requires a person seeking an order under subsection 178(2) of the Administrative Review Tribunal Act (ART Act) (as it applies because of subsection 179(4) of that Act) for a stay of an ART decision to file an interlocutory application. The rule permits the application to be made without notice in an urgent case. The rule is substantially similar to rule 33.17 of the Federal Court Rules.

Rule 27.04 addresses the circumstance where the ART did not give a statement of reasons for its decision and the applicant has a right to request such a statement. The rule is similar to rule 33.19 of the Federal Court Rules.

Rule 27.05 deals with the application of Part 27 to a cross-appeal and the requirements for the preparation of a notice of cross-appeal and the filing and serving of the notice of cross-appeal. The rule is substantially similar to rule 33.20 of the Federal Court Rules.

Rule 27.06 deals with the circumstances in which a respondent must file a notice of contention. The rule is substantially similar to rule 33.21 of the Federal Court Rules.

Rule 27.07 addresses directions given by the Court for the conduct of the proceeding. The rule is substantially similar to rule 33.22 of the Federal Court Rules.

Rule 27.08 deals with the requirements in preparing and filing appeal papers. The rule is substantially similar to rule 28.07 of the GFL Rules 2021.

Rule 27.09 deals with the receiving of further evidence on appeal. The rule is substantially similar to rule 33.29 of the Federal Court Rules.

Rule 27.10 deals with the objection to the competency of an appeal. The rule is substantially the same as rule 33.30 of the Federal Court Rules.

Rule 27.11 deals with the discontinuance of appeals. The rule is substantially the same as rule 33.31 of the Federal Court Rules.

Rule 27.12 deals with the respondent’s application to dismiss an appeal because of the applicant’s failure to do various things. The rule is the same as rule 33.32 of the Federal Court Rules.

Rule 27.13 deals with the orders a party may seek if an opposing party is absent when an appeal is called on for hearing. The order also addresses what the applicant may do if the appeal is dismissed because the applicant was absent. The rule is the same as rule 33.33 of the Federal Court Rules.

Part 28 deals with human rights proceedings alleging unlawful discrimination.

Rule 28.01 provides that Part 28 applies to a proceeding alleging unlawful discrimination under Division 2 of Part IIB of the Australian Human Rights Commission Act 1986. A note serves as a reminder that section 46PO of the Human Rights Act permits an affected person to apply to the Court for an order in relation to a complaint alleging unlawful discrimination if the complaint has been terminated by the President of the Commission. The rule is substantially similar to subrule 26.01(1) of the GFL Rules 2021.

Rule 28.02 adopts expressions from the Human Rights Act. The rule is substantially similar to rule 34.161 of the Federal Court Rules. The rule is substantially similar to rule 26.02 of the GFL Rules 2021.

Rule 28.03 requires a proceeding under the Human Rights Act to be initiated using the approved form. The rule is substantially similar to subrule 34.163 of the Federal Court Rules.

Rule 28.04 requires that, at least 5 days before the first court date, the applicant give to the Human Rights Commission a sealed copy of the originating application and a copy of any other documents filed. The rule is substantially similar to rule 26.04 of the GFL Rules 2021.

Rule 28.05 requires a response to an application alleging unlawful discrimination to be in the approved form. The rule is substantially similar to subrule 26.05(1) of the GFL Rules 2021.

Rule 28.06 provides that if the Court gives leave to a special-purpose Commissioner to assist the Court in a proceeding, the special-purpose Commissioner must file and serve a notice of address for service. The rule is the same as rule 26.06 of the GFL Rules 2021.

Part 29 deals with small claims applications under the National Consumer Credit Protection Act.

Rule 29.01 permits an applicant to request that an application be dealt with as a small claim under Part 29. A note to the rule points to subsection 199(5) of the National Consumer Credit Protection Act, which provides that the Court is not bound by rules of evidence and procedure when dealing with a small claims application. The rule is the same as subrule 31.02(1) of the GFL Rules 2021.

Rule 29.02 requires that a small claims application be made in the approved form. A note to the rule points to subsections 199(7) to (9) of the National Consumer Credit Protection Act, which address legal representation in a small claims matter. The rule is substantially the same as rule 31.03 of the GFL Rules 2021.

Rule 29.03 provides that despite subrule 4.01(2), an officer or employee of a corporation may represent the corporation in a small claims proceeding under Part 29 if the officer or employee is authorised by the corporation to represent the corporation in the proceeding. The rule is substantially the same as rule 31.05 of the GFL Rules 2021.

Part 30 deals with intellectual property proceedings.

Division 30.1 contains rules of general application in relation to intellectual property proceedings.

Rule 30.01 provides that Part 30 applies to intellectual property proceedings in the Court. The rule is similar to rule 34.22 of the Federal Court Rules.

Rule 30.02 addresses the Commissioner’s right to be heard in intellectual property proceedings. “Commissioner” is defined in rule 1.20 as the person holding the office of Registrar under the Designs Act or the Trade Marks Act, as the case may be. The rule is the same as rule 34.23 of the Federal Court Rules.

Rule 30.03 covers how an appeal from a decision of the Commissioner is started and the timing for serving the notice of appeal. The rule is substantially the same as rule 34.24 of the Federal Court Rules.

Rule 30.04 deals with an application for an extension of time within which to file a notice of appeal. The rule is substantially the same as rule 34.25 of the Federal Court Rules.

Rule 30.05 addresses grounds of appeal or particulars not stated in a notice of appeal. The rule is the same as rule 34.26 of the Federal Court Rules.

Rule 30.06 deals with a respondent’s notice of cross-appeal. The rule is the same as rule 34.28 of the Federal Court Rules.

Rule 30.07 deals with the circumstances in which a respondent must file a notice of contention. The rule is the same as rule 34.29 of the Federal Court Rules.

Rule 30.08 requires the Commissioner, after being served with a notice of appeal, to lodge various documents and notify the parties to the appeal of the documents filed. The rule is the same as rule 34.30 of the Federal Court Rules.

Rule 30.09 provides that material before the Commissioner for the purpose of the decision appealed from is, with the leave of the Court, admissible in evidence on the hearing of the appeal. The rule is the same as subrule 34.31(1) of the Federal Court Rules.

Division 30.2 addresses particular requirements in relation to various intellectual property proceedings.

Rule 30.10 contains requirements for a person seeking relief for copyright infringement under the Copyright Act. The rule is substantially the same as rule 34.35 of the Federal Court Rules.

Rule 30.11 contains requirements for a person seeking relief for infringement of a registered design under the Designs Act. The rule is substantially the same as rule 34.36 of the Federal Court Rules.

Rule 30.12 contains requirements for a person seeking an order under section 90 of the Designs Act requiring the grant of a licence. The rule is substantially the same as rule 34.37 of the Federal Court Rules.

Rule 30.13 contains requirements for a person seeking an order under section 93 of the Designs Act revoking the registration of a licence or under section 120 of the Designs Act seeking rectification of the Register. The rule is substantially the same as rule 34.38 of the Federal Court Rules.

Rule 30.14 contains requirements that must be met in a proceeding for infringement of a plant breeder’s rights under the Plant Breeder’s Rights Act 1994. The rule is substantially the same as rule 34.47 of the Federal Court Rules.

Rule 30.15 contains requirements that must be met in a proceeding for infringement of a registered trade mark under the Trade Marks Act. The rule is substantially the same as rule 34.48 of the Federal Court Rules.

Rule 30.16 contains requirements that must be met if a party disputes the validity of the registration of a trade mark. The rule is the same as rule 34.49 of the Federal Court Rules.

Part 31 deals with Fair Work proceedings.

Division 31.1 contains rules of general application in Fair Work proceedings.

Rule 31.01 adopts, for the purposes of Divisions 31.2 to 31.5, as appropriate, expressions from the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009 and the Federal Safety Commissioner Act 2022. The rule is substantially the same as rule 30.02 of the GFL Rules 2021.

Rule 31.02 applies Part 31 to a proceeding to which the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009 or the Federal Safety Commissioner Act 2022 applies. The rule is substantially the same as subrule 30.03(1) of the GFL Rules 2021.

Division 31.2 covers contraventions of the Fair Work Act.

Rule 31.03 deals with the requirements for applying for an order in relation to an allegation that an employee was dismissed in contravention of a general protection mentioned in Part 3 1 of the Fair Work Act 2009 (subsection 539(2), table item 11). The rule is substantially similar to rule 30.04 of the GFL Rules 2021.

Rule 31.04 deals with the requirements for applying for an order in relation to an alleged unlawful termination of an employee’s employment (Fair Work Act 2009, subsection 539(2), table item 35). The rule is substantially similar to rule 30.05 of the GFL Rules 2021.

Rule 31.05 deals with the requirements for applying for an order in relation to alleged discrimination (Fair Work Act 2009, subsection 539(2), table item 11). The rule is substantially the same as rule 34.05 of the Federal Court Rules.

Rule 31.06 deals with the requirements for applying for an order in relation to alleged sexual harassment (Fair Work Act 2009, subsection 539(2), table item 27A). The rule is substantially the same as rule 34.05A of the Federal Court Rules.

Rule 31.07 deals with the requirements for applying for an order in relation to an alleged contravention, or an alleged proposed contravention, of a general protection mentioned in Part 3‑1 of the Fair Work Act 2009 (other than a contravention mentioned in rule 31.03 or rule 31.05). The rule is substantially the same as rule 30.06 of the GFL Rules 2021.

Rule 31.08 requires that an application for an order in relation to an alleged contravention of the Fair Work Act 2009 (other than a contravention mentioned in rule 31.03, 31.04, 31.05, 31.06 or 31.07) be in the approved form. The rule is substantially the same as rule 30.07 of the GFL Rules 2021.

Division 31.3 covers contraventions of the Registered Organisations Act.

Rule 31.09 requires that an application for an order under section 337BB of the Fair Work (Registered Organisations) Act 2009 in relation to an allegation that a person took or threatened to take, or is taking or threatening to take, a reprisal against another person be in the approved form and be accompanied by a claim in the approved form. The rule is substantially the same as rule 30.08 of the GFL Rules 2021.

Division 31.4 covers small claims applications under the Fair Work Act.

Rule 31.10 deals with the circumstances in which an applicant may request that an application be dealt with as a Fair Work small claim and the manner in which the Court may act when dealing with such a small claim. A note to the rule points to subsections 548(5) to (7) of the Fair Work Act 2009, which address legal representation in a small claims matter. The rule is substantially the same as rule 30.10 of the GFL Rules 2021, however paragraph 31.10(1)(a) provides for applications for compensation that are not more than $100,000 instead of the previous statutory limit of $20,000.

This change reflects the amendment to the limit on awards in small claim proceedings in paragraph 548(2)(a) of the Fair Work Act 2009 following the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.

Rule 31.11 requires that a Fair Work small claims application be in the approved form and be accompanied by a claim in the approved form. The rule is substantially the same as rule 30.11 of the GFL Rules 2021.

Rule 31.12 provides that despite subrule 4.01(2), an officer or employee of a corporation may represent the corporation in a small claims proceeding under Division 31.4 if the officer or employee is authorised by the corporation to represent the corporation in the proceeding. The rule is substantially the same as rule 30.13 of the GFL Rules 2021.

Division 31.5 covers proceedings under the Federal Safety Commissioner Act.

Rule 31.13 requires that an application for an order under section 81 of the Federal Safety Commissioner Act 2022 in relation to an alleged contravention of that Act be in the approved form. The rule replaces rule 30.15 of the GFL Rules 2021.

Chapter 4—Costs, enforcement and contempt

Chapter 4 contains Parts 32 –34

Part 32 deals with costs and disbursements.

Division 32.1 contains rules of general application in relation to costs.

Rule 32.01 sets out various circumstances in which a party or person may apply for a costs order. The rule is similar in part to rule 22.02 of the GFL Rules 2021.

Rule 32.02 describes various ways in which a Court may award costs. The rule is similar in part to rule 40.02 of the Federal Court Rules.

Rule 32.03 provides that if the Court reserves the question of costs, and no further order is made, costs follow the event. The rule is the same as rule 40.03 of the Federal Court Rules.

Rule 32.04 addresses costs in a proceeding if a proceeding is transferred to the Court from the Federal Court. The rule is the same as rule 22.05 of the GFL Rules 2021.

Rule 32.05 deals with orders for costs against a lawyer if the lawyer, or an employee or agent of the lawyer, has caused costs to be incurred or to be thrown away because of undue delay, negligence, improper conduct or other misconduct or default. The rule is substantially the same as rule 22.06 of the GFL Rules 2021.

Division 32.2 contains rules about the calculation of costs.

Rule 32.06 provides that Division 32.2 applies to costs payable, or to be taxed, in a proceeding. The rule is the same as subrule 22.08(1) of the GFL Rules 2021.

Rule 32.07 states that if a party is entitled to costs in a proceeding to which these Rules apply (other than a proceeding to which the Bankruptcy Act 1966 applies), that party may seek costs in accordance with Schedule 2 and disbursements properly incurred. The rule is similar to rule 22.09 of the GFL Rules 2021.

Rule 32.08 stipulates that interest is payable on outstanding costs at the rate prescribed by rule 24.05. The rule is similar in part to rule 22.07 of the GFL Rules 2021.

Rule 32.09 provides that in taxing a statement of costs, a taxing officer must apply the scale of costs set out in Schedule 3 to the Federal Court Rules. The rule is the same as subrule 22.10(1) of the GFL Rules 2021.

Rule 32.10 deals with the circumstances in which an amount paid, or to be paid, for attendance by a witness at a hearing is a disbursement properly incurred for a proceeding. The rule is the same as rule 22.11 of the GFL Rules 2021.

Rule 32.11 addresses the circumstances in which an amount paid, or to be paid, to an expert for preparation of a report for a party is a disbursement properly incurred for a proceeding. The rule is the same as rule 22.12 of the GFL Rules 2021.

Rule 32.12 deals with the amount to which a party is entitled for a hearing if a solicitor appeared for the party at the hearing alone or as instructed by another solicitor. The rule is substantially the same as rule 22.13 of the GFL Rules 2021.

Rule 32.13 provides that the Court may certify that it was reasonable to employ an advocate, or more than one advocate, to appear for a party to a proceeding. The rule is the same as rule 22.14 of the GFL Rules 2021.

Rule 32.14 provides that if the employment of an advocate is certified as reasonable, the amount payable for counsel to appear is the daily hearing fee and advocacy loading in accordance with Part 1 of Schedule 2. The rule is the same as rule 22.15 of the GFL Rules 2021.

Division 32.3 addresses the determination of maximum costs in a proceeding.

Rule 32.15 deals with the Court’s power to specify the maximum costs that may be recovered on a party and party basis in a proceeding, amounts that must not be included in the costs and the Court’s power to vary the maximum costs. Subrules 32.15(1) and (2) are substantially the same as rule 40.51 of the Federal Court Rules. Subrule 32.15(3) is the same as subrule 22.03(3) of the GFL Rules 2021.

Part 33 deals with enforcement.

Division 33.1 contains rules of general application in relation to enforcement.

Rule 33.01 permits a party or an interested person to apply to the Court, without notice, for directions about the enforcement or execution of an order. The rule is the same as rule 41.01 of the Federal Court Rules.

Rule 33.02 deals with an order made in favour of a party subject to the fulfilment of a condition. The rule is the same as rule 41.02 of the Federal Court Rules.

Rule 33.03 provides that a party bound by a judgment or order may apply to the Court for an order that the judgment or order be stayed. A note to the rule clarifies that the party may rely on events occurring after the judgment or order takes effect. The rule is the same as rule 41.03 of the Federal Court Rules.

Rule 33.04 provides that if a person is ordered by the Court to do, or not to do, an act or thing or undertakes to the Court to do, or not to do, an act or thing, the person must comply with the order or undertaking. A note to the rule clarifies that if a person does not comply with an order of the Court, a Registrar may bring the person’s failure, neglect or disobedience to the attention of the Court. The rule is the same as rule 41.04 of the Federal Court Rules.

Rule 33.05 deals with a person’s failure to attend Court in response to a subpoena or order to attend Court to give evidence, or produce any document or thing, or answer a charge of contempt, or for any other reason. The rule is the same as rule 41.05 of the Federal Court Rules.

Rule 33.06 deals with the requirement for an endorsement on an order that the person to be served with the order will be liable to imprisonment, sequestration of property or punishment for contempt where the consequences of failing to comply with the order may be committal, sequestration or punishment for contempt. The rule is the same as rule 41.06 of the Federal Court Rules.

Rule 33.07 deals with service of an order mentioned in rule 33.06. The rule is the same as rule 41.07 of the Federal Court Rules.

Rule 33.08 deals with the applications that a party may make to the Court if a person fails to comply with an order that the person is bound to comply with. The rule is the same as rule 41.08 of the Federal Court Rules.

Rule 33.09 deals with the applications that a party may make to the Court for substituted performance if a person is bound, but neglects or refuses, to do an act or thing. The rule is the same as rule 41.09 of the Federal Court Rules.

Rule 33.10 permits a party to apply to the Court to issue a writ, order or any other means of enforcement of a judgment or order that can be issued in the Supreme Court of the State or Territory in which the judgment or order was made. The rule also deals with enforcement of an order in more than one State or Territory. The rule is the same as rule 41.10 of the Federal Court Rules.

Rule 33.11 permits a party to apply to the Court for a stay of execution of a judgment or order. The rule is the same as rule 41.11 of the Federal Court Rules.

Division 33.2 deals with enforcement against partnerships.

Rule 33.12 deals with how an order may be executed against a partnership. The rule is the same as rule 41.21 of the Federal Court Rules.

Rule 33.13 deals with how an order may be executed against an individual partner. The rule is the same as rule 41.22 of the Federal Court Rules.

Rule 33.14 deals with how an order may be executed against co-partners. The rule is the same as rule 41.23 of the Federal Court Rules.

Division 33.3 deals with enforcement against a business name.

Rule 33.15 deals with how an order may be executed against a person in the person’s business name. The rule is the same as rule 41.31 of the Federal Court Rules.

Part 34 deals with contempt.

Division 34.1 addresses contempt in the face or hearing of the Court.

Rule 34.01 deals with the power of the Court if it appears to the Court that a person is guilty of contempt in the face of or in the hearing of the Court. A note to the rule includes examples of actions that may be considered contempt in the court room. The rule is similar to rule 42.01 of the Federal Court Rules.

Rule 34.02 describes the action the Court will take if a person charged with contempt under this Division is brought before the Court. The rule is substantially the same as rule 42.02 of the Federal Court Rules.

Rule 34.03 provides for the Court to order that a person charged with contempt be kept in custody or be released. A note to the rule emphasises that the procedure in Division 34.1 of the Rules can be used only if the alleged contempt has been committed in the face of the Court. The rule is substantially the same as rule 42.03 of the Federal Court Rules.

Division 34.2 deals with contempt applications.

Rule 34.04 sets out which application a person alleging contempt should use. If the alleged contempt has been committed in connection with a proceeding in the Court, an interlocutory application must be made. If the alleged contempt has been committed not in connection with a proceeding in the Court, an originating application must be filed. The rule is substantially the same as rule 42.11 of the Federal Court Rules.

Rule 34.05 contains details related to an application alleging contempt. The rule is substantially similar to rule 42.12 of the Federal Court Rules.

Rule 34.06 provides that the person charged must be served personally with the application and relevant supporting documentation. The rule is the same as rule 42.13 of the Federal Court Rules.

Rule 34.07 addresses the Court’s powers, including arrest, if the Court is satisfied that a person who is the subject of a contempt application is likely to withdraw from the Court’s jurisdiction. Subrule 34.07(1) is substantially similar to subrule 20.02(5) of the GFL Rules 2021. Subrules 34.07(2) and (3) are the same as subrules 42.14(3) and (4) of the Federal Court Rules.

Rule 34.08 describes the action the Court will take if the person charged with contempt under this Division is brought before the Court. The rule is substantially similar to subrule 20.02(6) of the GFL Rules 2021.

Rule 34.09 deals with the Court’s determination of a contempt application. The rule is substantially similar to subrules 20.02(7) and (8) of the GFL Rules 2021.

Division 34.3 contains rules of general application in relation to contempt.

Rule 34.10 provides that a warrant for the imprisonment of a person charged under this Part may be issued by the Judge presiding in the Court directing the arrest or detention. The rule is substantially the same as rule 42.21 of the Federal Court Rules.

Rule 34.11 permits a person committed to prison for a term to apply for their discharge before the end of the prison term. The rule is the same as rule 42.22 of the Federal Court Rules.

Schedule 1 lists powers delegated to Registrars in Table 1. The Schedule is similar to Table 21.1 in rule 21.01 of the GFL Rules 2021.

Schedule 2 deals with costs. Part 1 addresses the application of the Schedule. Part 2 deals with costs in general federal law proceedings other than migration proceedings and is similar to Part 1 of Schedule 2 to the GFL Rules 2021. Part 3 has two divisions: Division 1 deals with costs in migration proceedings that have concluded; Division 2 deals with costs in migration proceedings that have been discontinued. The two divisions are similar to Division 1 and Division 2 of Part 2 of Schedule 2 to the GFL Rules 2021.

Schedule 3 lists instruments that are that are amended or repealed by these Rules.

Annexure A

GFL, means the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

FCR means the Federal Court Rules 2011

Family Law Rules, means the Federal Circuit and Family Court of Australia (Family Law) Rules 2021

Table 1: Derivation of new general federal law rules

Table 1 indicates where each rule of the new general federal law rules derives from, if it has been sourced from an existing rule as at the time these Rules of Court are made. A rule reference in brackets is a rule from other federal Rules of Court that covers similar subject matter, but is not the source of the rule.

NEW GFL RULE	DERIVED FROM
CHAPTER 1—Introductory provisions
PART 1—Preliminary
DIVISION 1.1—General
1.01 Name	GFL rule 1.01
1.02 Commencement	GFL rule 1.02
1.03 Authority	GFL rule 1.03
1.04 Schedule 3	—
1.05 Overarching purpose	GFL rule 1.04
1.06 Application	GFL rule 1.06
DIVISION 1.2—General powers of the Court
1.07 Court to have regard to nature and complexity of proceeding	FCR rule 1.31
1.08 Court may make any order it considers appropriate in the interests of justice	FCR rule 1.32
1.09 Orders may be subject to conditions	FCR rule 1.33
1.10 Court may dispense with rules	FCR rule 1.34 (GFL subrule 1.07(1))
1.11 Orders inconsistent with Rules	FCR rule 1.35 (GFL subrule 1.07(2))
1.12 Orders other than in open court	FCR rule 1.36
1.13 Application for orders about procedures	FCR rule 1.21 (GFL rule 1.08)
1.14 Fixing of time by Court	FCR rule 1.38
1.15 Extension or shortening of time fixed	FCR rule 1.39 (GFL subrules 3.05(1), (3))
1.16 Exercise of Court’s power	FCR rule 1.40
1.17 Other orders the Court may make	FCR rule 1.41
1.18 Orders may include consequences of non-compliance	FCR rule 1.42
1.19 Practice directions	Family Law Rules, rules 1.07, 1.08
DIVISION 1.3—Interpretation
1.20 Definitions—the Dictionary	GFL rule 1.05 FCR, Schedule 1—Dictionary Various individual rules
1.21 References to Forms	FCR rule 1.52
1.22 Calculating time	FCR rule 1.61 (GFL rule 3.04)
PART 2—Registry and documents
DIVISION 2.1—Registry
2.01 Use of seal of Court	GFL rule 2.12 (FCR subrule 2.01(1))
2.02 Seal or stamp of Court	GFL rule 2.13 (FCR subrule 2.01(2))
2.03 Methods of attaching the seal or stamp	GFL rule 2.14 (FCR subrule 2.01(3))
2.04 Transfer of proceeding to another place	GFL rule 8.01 (FCR rule 2.02)
DIVISION 2.2—Documents
2.05 Formal requirements for documents	GFL rule 2.01
2.06 Forms	GFL subrules 2.04(1)-(3) (FCR rule 2.12)
2.07 Title of documents	FCR subrules 2.13(1), (2) GFL subrule 2.04(4)
2.08 Document must have distinctive number	GFL subrule 2.02 (FCR rule 2.14)
2.09 Document to be signed	GFL rule 2.03 (FCR rule 2.15)
2.10 Details included in document	FCR rule 2.16
2.11 Documents not in English	Family Law Rules, rule 2.17
DIVISION 2.3—Lodging and filing documents
2.12 How documents may be lodged with the Court for filing	GFL rule 2.05 FCR subrule 2.21(1)
2.13 Providing a document electronically	FCR rule 2.23 GFL rule 2.08
2.14 Faxing a document	FCR rule 2.22 (GFL subrules 2.07(2), (3), (6))
2.15 When is a document filed	FCR rule 2.25 (GFL subrules 2.05(3), (4))
2.16 Refusal to accept document for filing	FCR rule 2.26 GFL rule 2.06
2.17 When documents will not be accepted in a registry	FCR rule 2.27
2.18 Documents accepted for filing—removal from Court file and storage	FCR rule 2.28
2.19 Documents on a Court file—removal, redaction and storage	FCR rule 2.29
DIVISION 2.4—Custody and inspection of documents
2.20 Custody of documents	FCR rule 2.31 (GFL rule 2.10)
2.21 Inspection of documents	FCR rule 2.32 (GFL rule 2.11)
DIVISION 2.5—Administration of money paid into Court and money paid out
2.22 Dealing with money paid into Court	FCR rule 2.42
2.23 Payment out of Litigants’ Fund	FCR rule 2.43
PART 3—Registrars
DIVISION 3.1—Powers of Registrars
3.01 Delegation of powers to Registrars	GFL rule 21.01 (FCR rule 3.01)
3.02 Authority to administer oaths and affirmations	FCR rule 3.02
3.03 Orders other than in open court	FCR rule 3.03
3.04 Application for orders in relation to Registrars	FCR rule 3.04
DIVISION 3.2—Reviewing a Registrar’s exercise of power
3.05 Application for review of a Registrar’s exercise of power	GFL subrule 21.03(1) (FCR subrule 3.11(1))
3.06 Time for application for review	GFL rule 21.02, subrules 21.03(2), (3) (FCR subrule 3.11(2))
3.07 No stay of power under review	GFL subrule 21.03(4)
3.08 Procedure for review	GFL rule 21.04
PART 4—Lawyers
DIVISION 4.1—Legal representation
4.01 Proceeding by lawyer or in person	FCR rule 4.01 (GFL rule 9.04)
4.02 Appointment of a lawyer—during a proceeding	FCR rule 4.03 (GFL subrule 9.01(1))
4.03 Change of lawyer—during a proceeding	GFL rule 9.02 (FCR subrule 4.04(1), (3))
4.04 Removal of lawyer and no new lawyer appointed	GFL subrules 9.01(2)-(4) (FCR subrule 4.04(2), (3))
4.05 Withdrawal as lawyer	GFL rule 9.03 (FCR rule 4.05)
DIVISION 4.2—Court referral for legal assistance
4.06 Referral for legal assistance	FCR rule 4.12 (GFL rule 12.01)
4.07 A party has no right to apply for a referral	FCR rule 4.13 (GFL rule 12.02)
4.08 Acceptance of referral and provision of legal assistance	FCR rule 4.14 (GFL rule 12.03)
4.09 Ceasing to provide legal assistance	FCR rule 4.15 (GFL rule 12.04)
4.10 Disbursements	FCR rule 4.18
PART 5—Court supervision of proceedings
DIVISION 5.1—First court date and directions
5.01 Parties to attend Court on first court date	FCR rule 5.01
5.02 Parties to file notice of address for service before first court date	FCR rule 5.02
5.03 Making directions	FCR rule 5.04 (GFL rule 10.01)
5.04 Application for directions—cross-claims	FCR rule 5.06
5.05 Interlocutory orders	FCR rule 5.07
5.06 Hearing and determination of matter at directions hearing	FCR rule 5.08 (GFL rule 10.01)
DIVISION 5.2—Orders on default
5.07 Self-executing orders	FCR rule 5.21
5.08 When an applicant is in default	FCR rule 5.22 (GFL subrule 13.04(1))
5.09 When a respondent is in default	FCR rule 5.22 (GFL subrule 13.04(2))
5.10 Orders on default—applicant	FCR subrule 5.23(1) (GFL subrule 13.05(1))
5.11 Orders on default—respondent	FCR subrule 5.23(2) (GFL subrule 13.05(2))
5.12 Court’s powers in relation to contempt not affected	FCR rule 5.24 (GFL rule 13.07)
PART 6—Court supervision of parties and other persons
DIVISION 6.1—Vexatious proceedings
6.01 Scandalous, vexatious or oppressive matter	FCR rule 6.01 (GFL rule 15.16)
6.02 Certificate of vexatious proceedings order	FCR rule 6.02 (GFL rule 13.14)
6.03 Application for leave to institute proceedings	FCR rule 6.03 (GFL rule 13.15)
DIVISION 6.2—Use of communication and recording devices in Court
6.04 Use of communication device or recording device in place where hearing taking place	FCR rule 6.11
6.05 Contempt	FCR rule 6.12
CHAPTER 2—Proceedings generally
PART 7—Orders before start of a proceeding
DIVISION 7.1—General
7.01 Application for order before start of proceeding	FCR subrules 7.01(1), (3)
DIVISION 7.2—Freezing orders
7.02 Freezing order	FCR rule 7.32
7.03 Ancillary order	FCR rule 7.33
7.04 Order may be against person not a party to proceeding	FCR rule 7.34
7.05 Order against judgment debtor or prospective judgment debtor or third party	FCR rule 7.35
7.06 Jurisdiction	FCR rule 7.36
7.07 Service outside Australia of application for freezing order or ancillary order	FCR rule 7.37
7.08 Costs	FCR rule 7.38
DIVISION 7.3—Search orders
7.09 Search order	FCR rule 7.42
7.10 Requirements for grant of search order	FCR rule 7.43
7.11 Jurisdiction	FCR rule 7.44
7.12 Terms of search order	FCR rule 7.45
7.13 Independent lawyers	FCR rule 7.46
7.14 Costs	FCR rule 7.47
PART 8—Starting a proceeding
DIVISION 8.1—Originating application
8.01 Starting a proceeding—originating application	FCR rule 8.01 (GFL rule 4.01)
8.02 Applicant’s genuine steps statement	FCR rule 8.02 (GFL rule 4.07)
8.03 Application to state relief claimed	FCR rule 8.03 (GFL rule 4.02)
8.04 Accompanying document for originating application	FCR rule 8.05 GFL rule 4.04
8.05 Service of originating documents	FCR rule 8.06 GFL rule 6.17 (GFL rules 6.03, 6.19)
8.06 Changing first court date	FCR rule 8.07 (GFL rule 10.02)
DIVISION 8.2—Notice of constitutional matter
8.07 Notice of constitutional matter	FCR rule 8.11 (GFL rule 10.06)
8.08 Service of notice	FCR rule 8.12
DIVISION 8.3—Amendment of originating application
8.09 Amendment generally	FCR subrule 8.21(1) (GFL rule 7.01)
8.10 Amendment after limitation period	FCR subrules 8.21(2), (3) (GFL subrules 7.03(1), (2))
8.11 Date on which amendment to substitute a party takes effect	FCR rule 8.22
8.12 Procedure for amending an originating application	FCR rule 8.23
8.13 Time for amending an originating application under Court order	FCR rule 8.24
8.14 Service of amended originating application	FCR rule 8.25
DIVISION 8.4—Responding to an originating application
8.15 Response to originating application	GFL rules 4.03, 4.04
8.16 Respondent’s genuine steps statement	FCR rule 5.03 GFL rule 4.08
DIVISION 8.5—Making a cross-claim
8.17 Cross–claim by respondent when filing a response	FCR rule 15.01 (GFL rules 24.01, 24.04)
8.18 Cross–claim by respondent after filing a response	FCR rule 15.05
8.19 Statement of cross-claim or affidavit to accompany response	FCR rule 15.06
8.20 Relief sought in cross-claim	FCR rule 15.07
8.21 Service on cross-respondent	FCR rule 15.08(1), (2), 15.09(1) (GFL subrules 24.03(2)-(4))
8.22 Cross-respondent’s reply to cross-claim	GFL rule 24.05
8.23 Conduct of proceeding after cross-claim is filed	FCR rule 15.10 (GFL subrules 24.06(1), (3), rule 24.07)
8.24 Separate proceeding in relation to cross-claim	FCR rule 15.11 (GFL rule 24.07)
8.25 Cross-claim for contribution or indemnity	FCR rule 15.12 (GFL rule 24.11)
8.26 Hearings in relation to cross-claims	FCR rule 15.13
8.27 Co-cross-respondents	FCR rule 15.14
DIVISION 8.6—Amending a response, including a cross-claim
8.28 Amendment generally	FCR rule 15.15
8.29 Procedure for amending a response	FCR rule 15.17
8.30 Time for amending response under Court order	FCR rule 15.18
8.31 Service by respondent of amended response	FCR rule 15.19
PART 9—Parties and proceedings
DIVISION 9.1—Parties, interveners and causes of action
9.01 Multiple causes of action	FCR rule 9.01
9.02 Joinder in proceedings involving common questions etc	FCR rule 9.02
9.03 Joinder of applicants with joint entitlement	FCR rule 9.03 (GFL rule 11.01)
9.04 Joinder of persons with common liability	FCR rule 9.04
9.05 Joinder of parties by Court order	FCR rule 9.05 (GFL rules 11.02, 11.03)
9.06 Application for separate trials—inconvenient joinder of causes of action or parties	FCR rule 9.06
9.07 Errors in joinder of parties	FCR rule 9.07
9.08 Removal of parties by Court order	FCR rule 9.08
9.09 Death, bankruptcy or transmission of interest	FCR rule 9.09
9.10 No joinder or substitution after death of party	FCR rule 9.10
9.11 Substitution of party	FCR rule 9.11
9.12 Interveners	FCR rule 9.12
DIVISION 9.2—Partnerships
9.13 Proceeding by or against partners in partnership name	FCR rule 9.41
9.14 Disclosure of partners’ names	FCR rule 9.42
9.15 Proceeding between members of partnerships	FCR rule 9.43
9.16 Denial by person served as partner	FCR rule 9.44
9.17 Response to be in partnership name	FCR rule 9.45
9.18 Entry of order	FCR rule 9.46
DIVISION 9.3—Business name proceedings
9.19 Proceeding against a person who carries on a business under a business name	FCR rule 9.51
9.20 Proceeding against a business name	FCR rule 9.52
9.21 Proceeding under this Division or Division 9.2	FCR rule 9.53
9.22 Amendment of parties	FCR rule 9.54
9.23 Variation of order	FCR rule 9.55
9.24 Order for discovery—proceeding brought against a person in the person’s business name	FCR rule 9.56
DIVISION 9.4—Litigation guardian
9.25 Person who needs a litigation guardian	GFL rule 11.07
9.26 Proceeding by or against person who needs a litigation guardian	FCR rule 9.61 (GFL rule 11.08)
9.27 Persons who may be a litigation guardian	FCR rule 9.62 (GFL rule 11.09)
9.28 Appointment of litigation guardian by the Court	FCR rule 9.63 (GFL subrules 11.10(1))
9.29 Manager of the affairs of a party	GFL rule 11.11
9.30 Consent to be filed	FCR rule 9.64 (GFL subrule 11.10(2))
9.31 Removal of litigation guardian by the Court	FCR rule 9.65 (GFL subrules 11.10(1), (3))
9.32 Conduct of proceeding	FCR rule 9.66 (GFL subrule 11.08(2))
9.33 No deemed admissions	FCR rule 9.67
9.34 Discovery and interrogatories	FCR rule 9.68
9.35 Payment into Court	FCR rule 9.69
9.36 Compromise or settlement of matter in proceeding	FCR rule 9.70
9.37 Application by litigation guardian for approval of agreement	FCR rule 9.71
9.38 Costs and expenses of litigation guardian	GFL rule 11.13
PART 10—Service
DIVISION 10.1—Personal service
10.01 Service on individual	FCR rule 10.01 (GFL subrule 6.07(1))
10.02 Service on corporation	FCR rule 10.02 (GFL subrules 6.08(1), (2))
10.03 Service on unincorporated association	FCR rule 10.03 (GFL subrule 6.08(1))
10.04 Service on organisation	FCR rule 10.04 (GFL subrule 6.08(1))
10.05 Service on partnership	FCR rule 10.05 (GFL rule 6.10)
10.06 Service in a proceeding brought against a person in the person’s business name	FCR rule 10.06 (GFL rule 6.09)
10.07 Service on a person who needs a litigation guardian	FCR rule 10.09 GFL subrule 11.14(2)
10.08 Personal service on a person who needs a litigation guardian	FCR rule 10.10
10.09 Deemed service of originating application	FCR rule 10.11
10.10 Refusal to accept document served personally	FCR rule 10.12 (GFL subrule 6.07(2))
DIVISION 10.2—Service other than by personal service
10.11 Identity of person served	FCR rule 10.21
10.12 Acceptance of service by lawyer	FCR rule 10.22
10.13 Deemed service	FCR rule 10.23
10.14 Substituted service	FCR rule 10.24 (GFL rules 6.14-6.16)
10.15 Service by Court	FCR rule 10.26
10.16 Service of interlocutory injunction	FCR rule 10.27
10.17 Service under agreement	FCR rule 10.28
DIVISION 10.3—Ordinary service
10.18 Ordinary service	FCR rule 10.31 (GFL subrule 6.11(1))
10.19 Time of service	FCR rule 10.32 (GFL rule 6.12)
DIVISION 10.4—Address for service
10.20 Address for service	FCR rule 11.01 (GFL rule 6.01)
10.21 Address for service—corporations	FCR rule 11.02
10.22 Address for service—partnership	FCR rule 11.04
10.23 Address for service—proceeding against person in person’s business name	FCR rule 11.03
10.24 Receivers	FCR rule 11.05
10.25 When must notice of address for service be filed	FCR rule 11.06
10.26 How to file notice of address for service	FCR rule 11.07 (GFL rule 6.01)
10.27 Service of notice of address for service	FCR rule 11.08
10.28 Change of address for service	GFL rule 6.02 (FCR rule 11.09)
DIVISION 10.5—Evidence of service
10.29 Affidavit of service	GFL rule 6.05
PART 11—Submitting notices
11.01 Submitting notice	FCR rule 12.01
PART 12—Jurisdiction—setting aside originating application
12.01 Setting aside originating application etc	FCR rule 13.01
PART 13—Pleadings
DIVISION 13.1—General
13.01 Application of Division 13.1	FCR rule 16.01A
13.02 Pleading to include name of person who prepared it	FCR rule 16.01
13.03 Content of pleadings—general	FCR rule 16.02
13.04 Pleading of facts	FCR rule 16.03
13.05 References to documents or spoken words	FCR rule 16.04
13.06 Conditions precedent	FCR rule 16.05
13.07 Inconsistent allegations or claims	FCR rule 16.06
13.08 Admissions, denials and deemed admissions	FCR rule 16.07
13.09 Matters that must be expressly pleaded	FCR rule 16.08
13.10 Defence of tender before start of proceeding	FCR rule 16.09
13.11 Defence claiming set off	FCR rule 16.10
13.12 Joinder of issue	FCR rule 16.11
13.13 Close of pleadings	FCR rule 16.12
13.14 Alternative accompanying documents	FCR rule 16.13
DIVISION 13.2—Striking out pleadings
13.15 Application to strike out pleadings	FCR rule 16.21
DIVISION 13.3—Progress of pleadings
13.16 Application of Division 13.3	FCR rule 16.31
13.17 Reply	FCR rule 16.33
DIVISION 13.4—Particulars
13.18 Application of Division 13.4	FCR rule 16.41A
13.19 General	FCR rule 16.41
13.20 Fraud, misrepresentation etc	FCR rule 16.42
13.21 Conditions of mind	FCR rule 16.43
13.22 Damages and exemplary damages	FCR rule 16.44
13.23 Application for order for particulars	FCR rule 16.45
DIVISION 13.5—Amendment of pleadings
13.24 Amendment without needing the leave of the Court	FCR rule 16.51 (GFL rules 7.01-7.03)
13.25 Disallowance of amendment of pleading	FCR rule 16.52
13.26 Application for leave to amend	FCR rule 16.53
13.27 Date on which amendment takes effect	FCR rule 16.54
13.28 Consequential amendment of defence	FCR rule 16.55
13.29 Consequential amendment of reply	FCR rule 16.56
13.30 Implied joinder of issue after amendment	FCR rule 16.57
13.31 Time for amending pleading under Court order	FCR rule 16.58
13.32 Procedure for making amendment to pleading	FCR rule 16.59
13.33 Service of amendment	FCR rule 16.60
PART 14—Interlocutory applications
14.01 Interlocutory application	FCR rule 17.01 (GFL rules 4.06, 6.19)
14.02 Reliance on correspondence or undisputed documents	FCR rule 17.02
14.03 Service on others	FCR rule 17.03
14.04 Hearing and determination of interlocutory application—absence of party	FCR rule 17.04
PART 15—Security for costs
15.01 Application for an order for security for costs	FCR rule 19.01 (GFL rule 22.01)
PART 16—Discovery, inspection of documents and interrogatories
DIVISION 16.1—General
16.01 Declaration to allow discovery	GFL rule 14.02
16.02 Provision of documents without Court order	—
16.03 Withholding documents on public interest grounds	FCR rule 20.01
16.04 Privilege	FCR rule 20.02
16.05 Undertakings or orders applying to documents	FCR rule 20.03 (GFL rule 14.11)
DIVISION 16.2—Discovery
16.06 Application for discovery	FCR rule 20.13
16.07 Order for discovery	FCR rule 20.14(1), (4) (GFL rule 14.06)
16.08 Claim of privilege	GFL rule 14.05 FCR rule 20.19
16.09 Giving discovery	FCR rule 20.16 (GFL rule 14.03)
16.10 List of documents	FCR rule 20.17(2), (4)
16.11 Order for discovery for particular documents	FCR rule 20.21 (GFL rule 14.06)
DIVISION 16.3—Production for inspection
16.12 Notice to produce document in pleading or affidavit	FCR rule 20.31 (GFL rule 14.10)
16.13 Order for production from party	FCR rule 20.32 GFL rule 14.07
16.14 Copying of documents produced for inspection	FCR, rule 20.34 (GFL rule 14.08)
16.15 Production to Court	FCR, rule 20.35 (GFL rules 14.04, 14.05)
DIVISION 16.4—Interrogatories
16.16 Declaration to allow interrogatories	GFL Rules, rule 14.01 (FCR Part 21)
PART 17—Evidence
DIVISION 17.1—General
17.01 Decisions without oral hearing	GFL rule 15.02
17.02 Transcript receivable in evidence	GFL rule 15.04
DIVISION 17.2—Admissions
17.03 Notice to admit facts or documents	FCR, rule 22.01 (GFL subrule 15.19(1))
17.04 Notice disputing facts or documents	FCR, rule 22.02 (GFL subrule 15.19(2))
17.05 Disputing party to pay costs if document is proved etc	FCR, rule 22.03 (GFL subrule 15.19(4))
17.06 Facts or documents taken to be admitted if not disputed	FCR, rule 22.04 (GFL subrule 15.19(2))
17.07 Deemed admission	FCR, rule 22.05
17.08 Withdrawal of admission	FCR, rule 22.06 (GFL subrule 15.19(3))
DIVISION 17.3—Affidavits
17.09 When affidavit may be sworn or affirmed	FCR, rule 29.01
17.10 Form of affidavit	FCR, subrules 29.02(1)-(3), (6), (7) (GFL rules 15.12, 15.13)
17.11 Documents annexed or exhibited to an affidavit	FCR, subrules 29.02(4), (5), (8)-(11) (GFL rule 15.15)
17.12 Content of affidavit	FCR, rule 29.03 (GFL rule 15.16)
17.13 Affidavit of person who is illiterate or vision impaired or has a disability	GFL, rule 15.14 (FCR rule 29.04)
17.14 Service of exhibits and annexures	FCR rule 29.05
17.15 Irregularity in form	FCR rule 29.06
17.16 Use of affidavit without cross-examination of maker	GFL rule 15.17 FCR subrules 29.09(1), (2)
DIVISION 17.4—Expert evidence
17.17 Appointment of Court expert	GFL rule 15.08 (FCR subrule 23.01(1))
17.18 Court expert’s remuneration and expenses	GFL rule 15.10 (FCR subrule 23.01(2))
17.19 Court expert’s report	GFL rule 15.09 (FCR rule 23.02)
17.20 Further expert evidence	GFL rule 15.11
17.21 Provision of guidelines to an expert	FCR rule 23.12
17.22 Contents of an expert report	FCR rule 23.13
17.23 Application for expert report	FCR rule 23.14
17.24 Expert evidence for 2 or more parties	GFL rule 15.07 (FCR rule 23.15)
PART 18—Subpoenas
DIVISION 18.1—Leave to issue subpoena
18.01 Limit on number of subpoenas	GFL rule 16.04
18.02 Leave to issue subpoena	FCR subrule 24.01(2) (GFL rule 16.01)
DIVISION 18.2—Subpoenas to give evidence and to produce documents
18.03 Definitions for Division 18.2	FCR rule 24.11
18.04 Issuing of subpoena	FCR rule 24.12 (GFL subrule 16.01(1))
18.05 Form of subpoena	FCR rule 24.13(1)-(7) (GFL subrules 16.01(2)(4), 16.03(2))
18.06 Time limit for service of subpoena	FCR rule 24.13(8) (GFL rule 6.18, subrule 16.03(3))
18.07 Subpoena addressed to a corporation	FCR rule 24.13(9)
18.08 Change of date for attendance or production	FCR rule 24.14
18.09 Setting aside subpoena	FCR rule 24.15 (GFL rule 16.08)
18.10 Service	FCR rule 24.16 GFL rule 6.18 (GFL rule 16.05)
18.11 Compliance with subpoena	FCR rule 24.17 (GFL rule 16.06)
18.12 Production otherwise than on attendance	FCR rule 24.18 (GFL rule 16.14)
18.13 Removal, return, inspection, copying and disposal of documents and things	FCR rule 24.19
18.14 Production of documents and access by parties	GFL subrules 16.11(2), (3)
18.15 Inspection of, and dealing with, documents and things produced otherwise than on attendance	FCR rule 24.20 (GFL rules 16.12, 16.13)
18.16 Return of documents and things produced	FCR rule 24.21
18.17 Costs and expenses of compliance	FCR rule 24.22 (GFL rules 16.09, 16.10)
18.18 Failure to comply with subpoena—contempt of court	FCR rule 24.23 (GFL rule 16.15)
18.19 Documents and things in custody of another court	FCR rule 24.24 (GFL rule 16.02)
PART 19—Offers to settle
19.01 Offer to compromise	FCR rule 25.01
19.02 Notice to be signed	FCR rule 25.02
19.03 Offer to compromise—content	FCR rule 25.03
19.04 Offer to be paid within 28 days	FCR rule 25.04
19.05 Timing of offer	FCR rule 25.05
19.06 No communication to Court of offer	FCR rule 25.06
19.07 Withdrawal of offer	FCR rule 25.07
19.08 Acceptance of offer	FCR rule 25.08
19.09 Withdrawal of acceptance	FCR rule 25.09
19.10 Failure to comply with offer	FCR rule 25.10
19.11 Multiple respondents	FCR rule 25.11
19.12 Costs	—
19.13 Application	—
PART 20—Transfer of proceedings
20.01 Transfer to Federal Court	GFL rule 8.02
PART 21—Dispute resolution
DIVISION 21.1—General
21.01 Dispute resolution processes	FCR rule 28.01
21.02 Orders that may be sought	FCR rule 28.02
21.03 Mediation and arbitration	FCR rule 28.03 (GFL subrule 23.03(1))
21.04 Attendance in person	GFL subrule 30.14(3)
21.05 Court may end mediation or arbitration	FCR rule 28.04
21.06 Application by interlocutory application	—
21.07 Parties may refer proceeding to conciliation, mediation, arbitration or other dispute resolution process	FCR rule 28.05
21.08 Agreement reached by dispute resolution process	GFL rule 10.04 (FCR rule 28.25)
DIVISION 21.2—Mediation
21.09 Nomination of mediator	FCR rule 28.21 (FCR rule 23.04)
21.10 Court may appoint a new mediator	GFL rule 23.03(1), (3)
21.11 Conduct of mediation	FCR rule 28.22 (GFL rule 23.05)
21.12 Report if only part of proceeding to be mediated	FCR rule 28.23
21.13 Mediator may end mediation	FCR rule 28.24 (GFL rule 23.06)
DIVISION 21.3—Referral of matter to officer of the Court
21.14 Court may refer matter	GFL rule 19.01 (FCR rule 28.61)
PART 22—Hearings
DIVISION 22.1—Separate decision on a question
22.01 Application for separate question to be heard	FCR rule 30.01 GFL paragraph 18.03(a) (GFL rule 18.02)
22.02 Disposal of proceeding after hearing separate questions	FCR rule 30.02 (GFL rule 18.05)
DIVISION 22.2—Consolidation
22.03 Consolidation of proceedings before trial	FCR rule 30.11
DIVISION 22.3—Absence of party
22.04 Absence of party at hearing	FCR rule 30.21 GFL rule 13.06
22.05 No appearance by any party	FCR rule 30.22
DIVISION 22.4—Trial
22.06 Trial limitations	FCR rule 30.23
22.07 Death before judgment	FCR rule 30.24
22.08 Evidence in other proceedings	FCR rule 30.25
22.09 Plans, photographs and models	FCR rule 30.26
22.10 Consent	FCR rule 30.27
22.11 Notice to produce	FCR rule 30.28 (GFL rule 16.16)
22.12 Parties in lawful custody	FCR rule 30.33
22.13 Attendance and production	FCR rule 30.34
PART 23—Finalising a proceeding
DIVISION 23.1—Withdrawal and discontinuance
23.01 Withdrawal of defence etc	FCR rule 26.11
23.02 Discontinuance	FCR rule 26.12 (GFL rule 13.01)
23.03 Service of notice	FCR rule 26.13 (GFL subrule 13.01(4))
23.04 Effect of discontinuance	FCR rule 26.14
23.05 Costs	GFL rule 13.02 (FCR subrule 26.12(7))
23.06 Stay of proceeding until costs paid	FCR rule 26.15 (GFL subrule 13.02(3))
DIVISION 23.2—Consent orders
23.07 Consent orders	FCR rule 39.11 GFL subrule 13.08(4), rule 13.09
DIVISION 23.3—Summary orders
23.08 Summary judgment	FCR rule 26.01 (GFL rules 13.10, 13.11, 13.13)
23.09 Dismissal for want of prosecution	GFL rule 13.16
23.10 Stay of subsequent proceeding until costs paid	FCR rule 26.15
PART 24—Orders
DIVISION 24.1—Judgments and orders
24.01 Date of effect of judgment or order	FCR rule 39.01 (GFL rule 17.02)
24.02 Time for compliance with orders	FCR rule 39.02 (GFL rule 17.03)
24.03 Varying or setting aside a judgment or order before it has been entered	FCR rule 39.04 (GFL subrule 17.05(1))
24.04 Varying or setting aside a judgment or order after it has been entered	FCR rule 39.05 (GFL subrule 17.05(2))
24.05 Interest on judgment	FCR rule 39.06
24.06 Orders dealing with failure to fulfil undertakings	FCR rule 39.21
DIVISION 24.2—Entry of judgments and orders
24.07 When entry is required	FCR rule 39.31 (GFL rule 17.07)
24.08 Entry of an order	GFL rule 17.08
CHAPTER 3—Special classes of proceeding
PART 25—Proceedings under the Migration Act
DIVISION 25.1—Preliminary
25.01 Definitions for Part 25	FCR rule 31.21 (GFL rule 29.01))
25.02 Application of Part 25	GFL rule 29.02
DIVISION 25.2—Matters started in the Court
25.03 Application of Division 25.2	GFL rule 29.04
25.04 Application for judicial review of migration decision	GFL rule 29.05 FCR rule 31.22
25.05 Response to application for judicial review of migration decision	GFL rule 29.06 FCR rule 31.24
DIVISION 25.3—Matters remitted by the High Court
25.06 Application of Division 25.3	GFL rule 29.07
25.07 Filing of order of remittal	GFL rule 29.08 (FCR rules 32.01, 32.02)
25.08 Service of notice and order	GFL rule 29.09
DIVISION 25.4—General
25.09 Stay of proceeding	GFL rule 29.10
25.10 Directions and orders	GFL rule 29.11
25.11 Varying or setting aside judgment or order	—
25.12 Judgment delivered orally	—
25.13 Writs	GFL rule 29.12
25.14 Costs	GFL rule 29.13
25.15 Advocacy certificate	—
25.16 Death of an applicant	—
PART 26—Judicial review under the AD(JR) Act
26.01 Application of Part 26	GFL subrule 27.01(1)
26.02 Application for order of review	GFL rule 27.02
26.03 Application for extension of time	GFL rule 27.03
26.04 Application for stay of proceeding	—
26.05 Documents to be filed	GFL rule 27.04
26.06 Service	GFL rule 27.05
26.07 Notice of objection to competency	GFL rule 27.06
PART 27—Administrative Review Tribunal appeals
27.01 Application of Part 27	GFL subrule 28.02(1)
27.02 Application for leave to raise other questions of law or rely on other grounds	FCR rule 33.15
27.03 Application for stay of ART decision	FCR rule 33.17 (GFL rule 28.03)
27.04 No statement of reasons for decision	FCR rule 33.19
27.05 Notice of cross-appeal	FCR rule 33.20 (GFL rule 28.04)
27.06 Notice of contention	FCR rule 33.21 (GFL rule 28.05)
27.07 Directions hearing	FCR rule 33.22 GFL rule 28.06
27.08 Preparation of appeal papers	GFL rule 28.07
27.09 Further evidence on appeal	FCR rule 33.29
27.10 Notice of objection to competency of appeal	FCR rule 33.30
27.11 Discontinuance of appeal	FCR rule 33.31
27.12 Application to dismiss appeal	FCR rule 33.32
27.13 Absence of party	FCR rule 33.33
PART 28—Human rights proceedings: proceedings alleging unlawful discrimination
28.01 Application of Part 28	GFL subrule 26.01(1)
28.02 Interpretation	GFL rule 26.02 (FCR, rule 34.161)
28.03 Starting a proceeding—originating application and claim	FCR rule 34.163 GFL rule 26.03
28.04 Copy of originating application to be given to Commission	GFL rule 26.04
28.05 Form of response to application	GFL rule 26.05
28.06 Appearance by special-purpose Commissioner	GFL rule 26.06
PART 29—Small claims applications under the National Consumer Credit Protection Act
29.01 Small claims proceeding—National Consumer Credit Protection Act	GFL rule 31.02
29.02 Starting a National Consumer Credit Protection Act small claims proceeding	GFL rule 31.03
29.03 Representation for corporations—National Consumer Credit Protection Act small claims proceeding	GFL rule 31.05
PART 30—Intellectual property proceedings
DIVISION 30.1—General
30.01 Application of Part 30	FCR rule 34.22
30.02 Appearance by Commissioner	FCR rule 34.23
30.03 Starting an appeal—filing and service of notice of appeal	FCR rule 34.24
30.04 Application for extension of time to file notice of appeal	FCR rule 34.25
30.05 Grounds of appeal or particulars not stated in notice of appeal	FCR rule 34.26
30.06 Notice of cross-appeal	FCR rule 34.28
30.07 Notice of contention	FCR rule 34.29
30.08 Provision of documents by Commissioner	FCR rule 34.30
30.09 Evidence	FCR rule 34.31(1)
DIVISION 30.2—Particular requirements
30.10 Infringement of copyright—particulars	FCR rule 34.35
30.11 Infringement of registered designs—particulars	FCR rule 34.36
30.12 Application for compulsory licence—Designs Act	FCR rule 34.37
30.13 Revocation of registration or rectification of Register—Designs Act	FCR rule 34.38
30.14 Infringement of PBR—particulars	FCR rule 34.47
30.15 Infringement of registered trade marks—particulars	FCR rule 34.48
30.16 Dispute of validity of registration of trade mark—particulars of invalidity	FCR rule 34.49
PART 31—Fair Work Division
DIVISION 31.1—General
31.01 Expressions used in Part 31	GFL rule 30.02
31.02 Application of Part 31	GFL subrule 30.03(1)
DIVISION 31.2—Contraventions of the Fair Work Act
31.03 Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, subsection 539(2), table item 11)	GFL rule 30.04
31.04 Application in relation to alleged unlawful termination of employment (Fair Work Act, subsection 539(2), table item 35)	GFL rule 30.05
31.05 Application in relation to alleged discrimination (Fair Work Act, subsection 539(2), table item 11)	FCR rule 34.05
31.06 Application in relation to alleged sexual harassment (Fair Work Act, subsection 539(2), table item 27A)	FCR rule 34.05A
31.07 Application in relation to other alleged contraventions of the Fair Work Act general protections	GFL rule 30.06
31.08 Application in relation to other alleged contraventions of the Fair Work Act	GFL rule 30.07
DIVISION 31.3—Contraventions of the Registered Organisations Act
31.09 Application in relation to taking a reprisal (Registered Organisations Act, section 337BB)	GFL rule 30.08
DIVISION 31.4—Small claims applications under the Fair Work Act
31.10 Small claims procedure	GFL rule 30.10
31.11 Starting a Fair Work Act small claims proceeding	GFL rule 30.11
31.12 Representation for corporations—Fair Work Act small claims proceeding	GFL rule 30.13
DIVISION 31.5—Proceedings under the Federal Safety Commissioner Act
31.13 Applications for orders under section 81 of the Federal Safety Commissioner Act	GFL rule 30.15
CHAPTER 4—Costs, enforcement and contempt
PART 32—Costs
DIVISION 32.1—General
32.01 Order for costs	GFL subrule 22.02(1), paragraph 22.02(2)(d)
32.02 Determining costs	FCR rule 40.02 (GFL paragraphs 22.02(a)-(c))
32.03 Costs reserved	FCR rule 40.03 (GFL rule 22.04)
32.04 Costs if a proceeding is transferred	GFL rule 22.05 (FCR rule 40.05)
32.05 Order for costs against lawyer	GFL rule 22.06 (FCR rule 40.07)
DIVISION 32.2—Calculation of costs
32.06 Application of Division 32.2	GFL subrule 22.08(1)
32.07 Costs and disbursements	GFL rule 22.09
32.08 Interest on outstanding costs	GFL rule 22.07 (FCR rule 39.06)
32.09 Taxation of costs	GFL rule 22.10(1)
32.10 Expenses for attendance by witness	GFL rule 22.11
32.11 Expenses for preparation of report by expert	GFL rule 22.12
32.12 Solicitor as advocate	GFL rule 22.13
32.13 Advocacy certificate	GFL rule 22.14
32.14 Counsel as advocate	GFL rule 22.15
DIVISION 32.3—Determination of maximum costs
32.15 Maximum costs in a proceeding	FCR rule 40.51, GFL subrule 22.03(3)
PART 33—Enforcement
DIVISION 33.1—General
33.01 Application without notice for directions	FCR rule 41.01 (GFL rule 25.02)
33.02 Condition precedent not fulfilled	FCR rule 41.02 (GFL rule 25.03)
33.03 Application for stay of judgment or order	FCR rule 41.03 (GFL rule 25.04)
33.04 Failure to comply with Court order	FCR rule 41.04 (GFL rule 25.05)
33.05 Failure to attend Court in response to subpoena or order	FCR rule 41.05 (GFL rule 25.06)
33.06 Endorsement on order	FCR rule 41.06 (GFL rule 25.07)
33.07 Service of order	FCR rule 41.07 (GFL rule 25.08)
33.08 Application where person does not comply with order	FCR rule 41.08 (GFL rule 25.09)
33.09 Substituted performance	FCR rule 41.09 (GFL rule 25.10)
33.10 Execution generally	FCR rule 41.10 (GFL rule 25.11)
33.11 Stay of execution	FCR rule 41.11 (GFL rule 25.12)
DIVISION 33.2—Enforcement against partnership
33.12 Execution of order against partnership	FCR rule 41.21
33.13 Execution against individual partner	FCR rule 41.22
33.14 Application to proceeding between co-partners	FCR rule 41.23
DIVISION 33.3—Enforcement against business name
33.15 Execution of order—proceeding against person in person’s business name	FCR rule 41.31
PART 34—Contempt
DIVISION 34.1—Contempt in face or hearing of Court
34.01 Arrest for contempt	FCR rule 42.01 (GFL subrule 20.01(1))
34.02 Charge, defence and determination	FCR rule 42.02 (GFL subrule 20.01(2))
34.03 Interim custody	FCR rule 42.03 (GFL subrules 20.01(3), (4))
DIVISION 34.2—Application for contempt
34.04 Application alleging contempt	FCR rule 42.11 (GFL subrule 20.02(1))
34.05 Statement of charge	FCR rule 42.12 (GFL subrule 20.02(2))
34.06 Service	FCR rule 42.13
34.07 Arrest	GFL subrule 20.02(5) FCR subrules 42.14(3), (4)
34.08 Charge and defence	GFL subrule 20.02(6)
34.09 Determination of contempt application	GFL subrules 20.02(7), (8)
DIVISION 34.3—General
34.10 Warrant for imprisonment	FCR rule 42.21
34.11 Discharge before end of prison term	FCR rule 42.22
SCHEDULE 1—Powers delegated to Registrars	GFL rule 21.01
SCHEDULE 2—Costs
PART 1—Application of this Schedule	GFL Sch 2, Part 1A
PART 2—Proceedings other than migration proceedings	GFL Sch 2, Part 1
PART 3—Migration proceedings	GFL Sch 2, Part 2
SCHEDULE 3—Repeals

Table 2: destination of GFL Rules 2021

Table 2 indicates where in the new general federal law rules the content or effect of each rule in the GFL Rules 2021 is reflected in whole or in part.

GFL RULES 2021	NEW GFL RULES
CHAPTER 1—All proceedings
PART 1—Introduction
1.01 Name	1.01 Name
1.02 Commencement	1.02 Commencement
1.03 Authority	1.03 Authority
1.04 Overarching purpose	1.05 Overarching purpose
1.05 Definitions	1.20 Definitions—the Dictionary
1.06 Application	1.06 Application
1.07 Court may dispense with rules	1.10 Court may dispense with Rules 1.11 Orders inconsistent with Rules
1.08 Applications for orders about procedures	1.13 Applications for orders about procedures
PART 2—Documents
DIVISION 2.1—General
2.01 Requirements for documents	2.05 Formal requirements for documents
2.02 Document must have distinctive number	2.08 Document must have distinctive number
2.03 Document to be signed	2.09 Document to be signed
2.04 Forms	2.06 Forms 2.07 Title of documents
DIVISION 2.2—Filing documents
2.05 How documents may be filed	2.12 How documents may be lodged with the Court for filing 2.15 When is a document filed
2.06 Registrar may refuse to accept document	2.16 Refusal to accept document for filing 2.17 When documents will not be accepted in a registry
2.07 Filing by fax	2.14 Faxing a document
2.08 Filing by electronic communication	2.13 Providing a document electronically
2.09 Other requirements for filing by electronic communication	—
DIVISION 2.3—Custody and inspection of documents
2.10 Custody of documents	2.20 Custody of documents
2.11 Inspection of documents	2.21 Inspection of documents
DIVISION 2.4—Seal and stamp of Court
2.12 Use of seal of Court	2.01 Use of seal of Court
2.13 Stamp of Court	2.02 Seal or stamp of Court
2.14 Methods of attaching the seal or stamp	2.03 Methods of attaching the seal or stamp
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	1.22 Calculating time
3.05 Extension or shortening of time fixed	1.15 Extension or shortening of time fixed
PART 4—Starting proceedings
DIVISION 4.1—General
4.01 Application	8.01 Starting a proceeding—originating application
4.02 Content of application	8.03 Application to state relief claimed 8.04 Accompanying document for originating application
4.03 Response to application	8.15 Response to application
4.04 Affidavit to be filed with application or response	8.04 Accompanying document for originating application
4.05 Reply in certain circumstances	8.22 Cross-respondent’s reply to cross-claim
4.06 Application in a proceeding	14.01 Interlocutory application
DIVISION 4.2—Rules for proceedings if Civil Dispute Resolution Act applies
4.07 Applicant’s genuine steps statement	8.02 Applicant’s genuine steps statement
4.08 Respondent’s genuine steps statement	8.16 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	10.20 Address for service 10.26 How to file notice of address for service
6.02 Change of address for service	10.28 Change of address for service
6.03 Service of documents	8.05 Service of originating documents
6.04 Court’s discretion in relation to service	—
6.05 Affidavit of service	10.29 Affidavit of service
DIVISION 6.2—Service by hand	DIVISION 10.1—Personal service
6.06 When is service by hand required	See note on Division 10.1 and the following rules: 8.05 Service of originating documents 8.21 Service on cross-respondent 9.23 Variation of order [business name proceedings] 10.08 Personal service on a person who needs a litigation guardian 18.10 Service [of subpoena] 27.12 Application to dismiss appeal [AAT appeals] 33.07 Service of order [endorsement on order for enforcement] 34.06 Service [contempt]
6.07 Service by hand on an individual	10.01 Service on individual 10.10 Refusal to accept document served personally
6.08 Service by hand on a corporation, unincorporated association or organisation	10.02 Service on corporation 10.03 Service on unincorporated association 10.04 Service on organisation
6.09 Service of application on unregistered business	10.06 Service in a proceeding brought against a person in the person’s business name
6.10 Service of application on partnership	10.05 Service on partnership
DIVISION 6.3—Ordinary service
6.11 Service other than by hand	10.18 Ordinary service See also Division 10.3 more generally
6.12 When service is effected	10.19 Time of service
6.13 Special requirements for service by fax	—
DIVISION 6.4—Substituted service and dispensing with service
6.14 Substituted service	10.14 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	8.05(3) Service of originating documents
6.18 Time for service of subpoena	18.10 Service [of subpoena]
6.19 Time for service of applications	8.05 Service of originating documents 14.01(3) Interlocutory application
PART 7—Amendment
7.01 Power to amend	8.09 Amendment generally [originating application] 8.28 Amendment generally [response and cross-claim] 9.22 Amendment of parties Div 13.5 Amendment of pleadings
7.02 Who may be required to make an amendment	—
7.03 Amendment after limitation period	8.10 Amendment after limitation period
PART 8—Transfer of proceedings
8.01 Change of venue	2.04 Transfer of proceeding to another place
8.02 Transfer to Federal Court	20.01 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	4.02 Appointment of a lawyer—during a proceeding 4.04 Removal of lawyer and no new lawyer appointed
9.02 Change of lawyer	4.03 Change of lawyer—during a proceeding
9.03 Withdrawal as lawyer	4.05 Withdrawal as lawyer
9.04 Corporation must be represented	4.01(2) Proceeding by lawyer or in person
PART 10—How to conduct proceedings
DIVISION 10.1—First court date
10.01 Directions and orders	5.03 Making directions 5.06 Hearing and determination of matter at directions hearing
10.02 Adjournment of first court date	8.06 Changing first court date
10.03 Fixing date for final hearing	—
DIVISION 10.2—Dispute resolution
10.04 Agreement reached by dispute resolution	21.08 Agreement reached by dispute resolution process
10.05 Conciliation conference	—
DIVISION 10.3—Notice of constitutional matter
10.06 Party to file notice of constitutional matter	8.07 Notice of constitutional matter
PART 11—Parties and litigation guardians
DIVISION 11.1—Parties	See Division 9.1—Parties, interveners and causes of action
11.01 Necessary parties	9.02 Joinder in proceedings involving common questions etc 9.03 Joinder of applicants with joint entitlement 9.04 Joinder of persons with common liability
11.02 Party may include another person as a party	9.05 Joinder of parties by Court order
11.03 Person may apply to be included	9.05 Joinder of parties by Court order
11.04 Party may apply to be removed	9.08 Removal of parties by Court order
11.05 Court may order notice to be given	—
11.06 Intervention by Attorney-General	9.12 Interveners
DIVISION 11.2—Litigation guardian
11.07 Person who needs a litigation guardian	9.25 Person who needs a litigation guardian
11.08 Starting, continuing, defending or inclusion in proceeding	9.26 Proceeding by or against person who needs a litigation guardian 9.32 Conduct of proceeding
11.09 Who may be a litigation guardian	9.27 Persons who may be a litigation guardian
11.10 Appointment of litigation guardian	9.28 Appointment of litigation guardian by the Court 9.31 Removal of litigation guardian by the Court
11.11 Manager of the affairs of a party	9.29 Manager of the affairs of a party
11.12 Notice of becoming litigation guardian	9.30 Consent to be filed
11.13 Costs and expenses of litigation guardian	9.38 Costs and expenses of litigation guardian
11.14 Service	10.07 Service on a person who needs a litigation guardian
PART 12—Court referral for legal assistance
12.01 Referral for legal assistance	4.06 Referral for legal assistance
12.02 A party has no right to apply for a referral	4.07 A party has no right to apply for a referral
12.03 Acceptance of referral and provision of legal assistance	4.08 Acceptance of referral and provision of legal assistance
12.04 Ceasing to provide legal assistance	4.09 Ceasing to provide legal assistance
PART 13—Ending a proceeding early
DIVISION 13.1—Discontinuance
13.01 Discontinuance	23.02 Discontinuance 23.03 Service of notice
13.02 Costs	23.05 Costs 23.06 Stay of proceeding until costs paid
DIVISION 13.2—Order or judgment on default
13.03 Definitions for Division 13.2	See rule 1.20 Definitions—the Dictionary
13.04 When a party is in default	5.08 When an applicant is in default 5.09 When a respondent is in default
13.05 Orders on default	5.10 Orders on default—applicant 5.11 Orders on default—respondent
13.06 Default of appearance of a party	22.04 Absence of party at hearing
13.07 Court’s powers in relation to contempt etc. not affected	5.12 Court’s powers in relation to contempt not affected
DIVISION 13.3—Consent orders
13.08 Application for order by consent	23.07 Consent orders
13.09 Additional information	23.07 Consent orders
DIVISION 13.4—Summary disposal and stay
13.10 Disposal by summary judgment	23.08 Summary judgment
13.11 Residue of proceeding	23.08 Summary judgment
13.12 Application	—
13.13 Disposal by summary dismissal	23.08 Summary judgment
13.14 Certificate of vexatious proceedings order	6.02 Certificate of vexations proceedings order
13.15 Application for leave to institute proceedings	6.03 Application for leave to institute proceedings
13.16 Dormant proceedings	23.09 Dismissal for want of prosecution
PART 14—Disclosure
DIVISION 14.1—Answers to specific questions
14.01 Declaration to allow specific questions	16.16 Declaration to allow interrogatories
DIVISION 14.2—Obligation to disclose
14.02 Declaration to allow discovery	16.01 Declaration to allow discovery 16.07(1) Order for discovery
14.03 Affidavit of documents	16.09 Giving discovery 16.10 List of documents
14.04 Production of documents to Court	16.15 Production to Court
14.05 Claim for privilege	16.08 Claim of privilege
14.06 Order for particular disclosure	16.07 Order for discovery 16.11 Order for discovery for particular documents 16.13 Order for production from party
14.07 Inspection of documents	16.13(3) Order for production from party
14.08 Copies of documents inspected	16.14 Copying of documents produced for inspection
14.09 Documents not disclosed or produced	—
14.10 Documents referred to in document or affidavit	16.12 Notice to produce document in pleading or affidavit
14.11 Use of documents	16.05 Undertakings or orders applying to documents
PART 15—Evidence
DIVISION 15.1—General
15.01 Court may give directions	5.03 Making directions
15.02 Decisions without oral hearing	17.01 Decisions without oral hearing
15.03 Court may call evidence	—
15.04 Transcript receivable in evidence	17.02 Transcript receivable in evidence
DIVISION 15.2—Expert evidence
15.05 Definitions for Division 15.2	See rule 1.20 Definitions—the Dictionary
15.06 Duty to Court and form of expert evidence	(Note 2 to subrule 17.17(2) – see also, 17.21 Provision of guidelines to an expert)
15.07 Expert evidence for 2 or more parties	17.24 Expert evidence for 2 or more parties
15.08 Court expert	17.17 Appointment of Court expert
15.09 Report of court expert	17.19 Court expert’s report
15.10 Remuneration and expenses of court expert	17.18 Court expert’s remuneration and expenses
15.11 Further expert evidence	17.20 Further expert evidence
DIVISION 15.3—Affidavits
15.12 Form of affidavit	17.10 Form of affidavit
15.13 Making an affidavit	17.10 Form of affidavit
15.14 Affidavit of illiterate or vision impaired person etc	17.13 Affidavit of person who is illiterate or vision impaired or has a disability
15.15 Documents annexed or exhibited	17.11 Documents annexed or exhibited to an affidavit 17.14 Service of exhibits and annexures
15.16 Objectionable material may be struck out	6.01 Scandalous, vexatious or oppressive matter 17.12(2) Content of affidavit
15.17 Use of affidavit without cross examination of maker	17.16 Use of affidavit without cross-examination of maker
DIVISION 15.4—Admissions
15.18 Admission	—
15.19 Notice to admit facts or documents	17.03 Notice to admit facts or documents 17.04 Notice disputing facts or documents 17.05 Disputing party to pay costs if document is proved etc 17.06 Facts or documents taken to be admitted if not disputed 17.07 Deemed admission 17.08 Withdrawal of admission
PART 16—Subpoenas and notices to produce
DIVISION 16.1—General
16.01 Issue of subpoena	18.02 Leave to issue subpoena 18.04 Issuing of subpoena 18.05 Form of subpoena
16.02 Documents and things in possession of another court	18.19 Documents and things in custody of another court
16.03 Time limits	18.06 Time limit for service of subpoena
16.04 Limit on number of subpoenas	18.01 Limit on number of subpoenas
16.05 Service	18.10 Service
16.06 Conduct money	18.11 Compliance with subpoena
16.07 Undertaking not to require compliance with subpoena	—
16.08 Setting aside subpoena	18.09 Setting aside subpoena
16.09 Order for cost of complying with subpoena	18.17 Costs and expenses of compliance
16.10 Cost of complying with subpoena if not a party	18.17 Costs and expenses of compliance
DIVISION 16.2—Production of documents and access by parties
16.11 Application of Division 16.2	18.14 Production of documents and access by parties
16.12 Right to inspection of document	18.15 Inspection of, and dealing with, documents and things produced otherwise than on attendance
16.13 Objection to production or inspection or copying of document	18.15 Inspection of, and dealing with, documents and things produced otherwise than on attendance
16.14 Subpoena for production of documents or things	18.12 Production otherwise than on attendance
16.15 Failure to comply with subpoena	18.18 Failure to comply with subpoena—contempt of court
DIVISION 16.3—Notices to produce
16.16 Notice to produce	22.11 Notice to produce
PART 17—Judgments and orders
17.01 Court may make any judgment or order	—
17.02 Date of effect	24.01 Date of effect of judgment or order
17.03 Time for compliance	24.02 Time for compliance with orders
17.04 Fines	—
17.05 Setting aside or varying judgments or orders	24.03 Varying or setting aside a judgment or order before it has been entered 24.04 Varying or setting aside a judgment or order after it has been entered
17.06 Undertakings	—
17.07 When must an order be entered	24.07 When entry is required
17.08 Entry of orders	24.08 Entry of an order
PART 18—Separate decision on question
18.01 Definitions for Part 18	See rule 1.20 Definitions—the Dictionary
18.02 Order for decision	—
18.03 Separate question	22.01 Application for separate question to be heard
18.04 Orders, directions on decision	—
18.05 Disposal of proceeding	22.02 Disposal of proceeding after hearing separate questions
PART 19—Referral of matter to officer of Court
19.01 Court may refer matter	21.14 Court may refer matter
PART 20—Contempt
20.01 Contempt in the face or hearing of Court	34.01 Arrest for contempt 34.02 Charge, defence and determination 34.03 Interim custody
20.02 Contempt other than in the face or hearing of Court	34.04 Application alleging contempt 34.05 Statement of charge 34.06 Service 34.07 Arrest 34.08 Charge and defence 34.09 Determination of contempt application
PART 21—Registrars’ powers
DIVISION 21.1—Delegation of powers to Registrars
21.01 Delegation of powers to Registrars	3.01 Delegation of powers to Registrars Schedule 1—Powers delegated to Registrars
DIVISION 21.2—Review of exercise of Registrars’ powers
21.02 Time for application for review	3.06(1) Time for application for review
21.03 Application for review	3.05 Application for review of a Registrar’s exercise of power 3.06(2), (3) Time for application for review 3.07 No stay of power under review
21.04 Procedure for review	3.08 Procedure for review
PART 22—Costs
DIVISION 22.1—Security for costs	PART 15
22.01 Security for costs	15.01 Application for an order for security for costs
DIVISION 22.2—Orders for costs
22.02 Order for costs	32.01 Order for costs 32.02 Determining costs
22.03 Determination of maximum costs	32.15 Maximum costs in a proceeding
22.04 Costs reserved	32.03 Costs reserved
22.05 Costs if proceedings transferred	32.04 Costs if a proceeding is transferred
22.06 Order for costs against lawyer	32.05 Order for costs against lawyer
22.07 Interest on outstanding costs	32.08 Interest on outstanding costs
DIVISION 22.3—Costs and disbursements
22.08 Application of Division 22.3	32.06 Application of Division 32.2
22.09 Costs and disbursements	32.07 Costs and disbursements
22.10 Taxation of costs	32.09 Taxation of costs
22.11 Expenses for attendance by witness	32.10 Expenses for attendance by witness
22.12 Expenses for preparation of report by expert	32.11 Expenses for preparation of report by expert
22.13 Solicitor as advocate	32.12 Solicitor as advocate
22.14 Advocacy certificate	32.13 Advocacy certificate
22.15 Counsel as advocate	32.14 Counsel as advocate
PART 23—Dispute resolution	PART 21
DIVISION 23.1—General
23.01 Proceeding referred to mediator or arbitrator	21.03 Mediation and arbitration
23.02 Adjournment of proceeding	—
23.03 Court may end mediation or arbitration	21.05 Court may end mediation or arbitration 21.10 Court may appoint a new mediator
DIVISION 23.2—Mediation
23.04 Nomination of mediator	21.09 Nomination of mediator
23.05 Mediation conference	21.11 Conduct of mediation 21.12 Report if only part of proceeding to be mediated
23.06 Mediator may end mediation	21.13 Mediator may end mediation
DIVISION 23.3—Arbitration
23.07 Appointment of arbitrator	—
PART 24—Cross claims	DIVISION 8.5 – Making a cross-claim
24.01 Cross claim against applicant	8.17 Cross-claim by respondent when filing a response
24.02 Cross claim after application	8.18 Cross-claim by respondent after filing a response
24.03 Cross claim against additional party	8.17(1)(b)
24.04 Cross claim to be included in response	8.17 Cross-claim by respondent when filing a response 8.18 Cross-claim by respondent after filing a response
24.05 Response to cross claim	8.22 Cross-respondent’s reply to cross-claim
24.06 Conduct of cross claim	8.23 Conduct of proceeding after cross-claim is filed
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	8.25 Cross-claim for contribution or indemnity
24.12 Offer of contribution	—
PART 25—Enforcement
25.01 Definitions for Part 25	See rule 1.20 Definitions—the Dictionary
25.02 Application without notice for directions	33.01 Application without notice for directions
25.03 Condition precedent not fulfilled	33.02 Condition precedent not fulfilled
25.04 Application for stay of judgment or order	33.03 Application for stay of judgment or order
25.05 Failure to comply with Court order	33.04 Failure to comply with Court order
25.06 Failure to attend Court in response to subpoena or order	33.05 Failure to attend Court in response to subpoena or order
25.07 Endorsement on order	33.06 Endorsement on order
25.08 Service of order	33.07 Service of order
25.09 Application where person fails to comply with order	33.08 Application where person does not comply with order
25.10 Substituted performance	33.09 Substituted performance
25.11 Execution generally	33.10 Execution generally
25.12 Stay of execution	33.11 Stay of execution
CHAPTER 2—Human rights proceedings
PART 26—Proceedings alleging unlawful discrimination
26.01 Application of Chapter 2	28.01 Application of Part 28
26.02 Interpretation	28.02 Interpretation
26.03 Form of application	28.03 Starting a proceeding—originating application and claim
26.04 Copy of application to be given to Commission	28.04 Copy of originating application to be given to Commission
26.05 Form of response to application	28.05 Form of response to application
26.06 Appearance by special-purpose Commissioner	28.06 Appearance by special-purpose Commissioner
CHAPTER 3—Judicial review proceedings and administrative appeals
PART 27—Judicial review
27.01 Application of Part 27	26.01 Application of Part 26
27.02 Application for order of review	26.02 Application for order of review
27.03 Application for extension of time	26.03 Application for extension of time
27.04 Documents to be filed and served	26.05 Documents to be filed
27.05 Service	26.06 Service
27.06 Notice of objection to competency	26.07 Notice of objection to competency
PART 28—Administrative Appeals Tribunal [now Administrative Review Tribunal]
28.01 Definitions for Part 28	See rule 1.20 Definitions—the Dictionary
28.02 Application of Part 28	27.01 Application of Part 27
28.03 Form of application for stay of Tribunal decision	27.03 Application for stay of ART decision
28.04 Notice of cross-appeal	27.05 Notice of cross-appeal
28.05 Notice of contention	27.06 Notice of contention
28.06 Directions	27.07 Directions hearing
28.07 Preparation of appeal papers	27.08 Preparation of appeal papers
PART 29—Proceedings under the Migration Act 1958
DIVISION 29.1—Preliminary
29.01 Definitions for Part 29	25.01 Definitions for Part 25
29.02 Application of Part 29	25.02 Application of Part 25
29.03 Application of Chapter 1	—
DIVISION 29.2—Matters started in the Court
29.04 Application of Division 29.2	25.03 Application of Division 25.2
29.05 Application for judicial review of migration decision	25.04 Application for judicial review of migration decision
29.06 Response to application for judicial review of migration decision	25.05 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	25.06 Application of Division 25.3
29.08 Filing of order of remittal	25.07 Filing of order of remittal
29.09 Service of notice and order	25.08 Service of notice and order
DIVISION 29.4—General
29.10 Stay of proceedings	25.09 Stay of proceeding
29.11 Directions and orders	25.10 Directions and orders
29.12 Writs	25.13 Writs
29.13 Costs	25.14 Costs
CHAPTER 4—Fair Work Division
PART 30—Proceedings in the Fair Work Division
DIVISION 30.1—General
30.01 Definitions for Part 30	See rule 1.20 Definitions—the Dictionary
30.02 Expressions used in Part 30	31.01 Expressions used in Part 31
30.03 Application of Part 30	31.02 Application of Part 31
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)	31.03 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)	31.04 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	31.07 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	31.08 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)	31.09 Application in relation to taking a reprisal (Registered Organisations Act, section 337BB)
DIVISION 30.4—Small claims
30.09 Definitions for Division 30.4	See rule 1.20 Definitions—the Dictionary
30.10 Small claims procedure	31.10 Small claims procedure
30.11 Starting proceedings	31.11 Starting a Fair Work Act small claims proceeding
30.12 Lawyers—Fair Work Act small claims proceeding	See Note 2 to subrule 31.10(1)
30.13 Representation for corporations—Fair Work Act small claims proceeding	31.12 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	See mediation generally (Part 21, Div 21.2)
DIVISION 30.6—Proceedings under the Building and Construction Industry Act [now the Federal Safety Commissioner Act 2022]
30.15 Applications for orders etc. under the Building and Construction Industry Act	31.13 Applications for orders etc under section 81 of the Federal Safety Commissioner 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	See rule 1.20 Definitions—the Dictionary
31.02 Small claims proceeding—National Consumer Credit Protection Act	29.01 Small claims proceeding—National Consumer Credit Protection Act
31.03 Starting a National Consumer Credit Protection Act small claims proceeding	29.02 Starting a National Consumer Credit Protection Act small claims proceeding
31.04 Lawyers—National Consumer Credit Protection Act small claims proceeding	See Note 2 to rule 29.02
31.05 Representation for corporations—National Consumer Credit Protection Act small claims proceeding	29.03 Representation for corporations—National Consumer Credit Protection Act small claims proceeding
Schedule 1—Federal Court Rules applied	N/A
Schedule 2—Costs	Schedule 2—Costs