InBrief

The Federal Court Amendment Rules 2008 (No 2) were registered on the Federal Register of Legislative Instruments today,�1 December 2008.

The Amendment Rules make the following amendments to the Federal Court Rules:

• amend Order 21 rule 5 to provide that an application by a person who is subject to an order under Order 21 subrule 1(1) or rule 2 (which deal with vexatious litigants) may be determined by the Court without an oral hearing;
• amend Order 27 (which deals with subpoenas) by inserting a new rule 3A and amend subrule 6(4) and Form 41 to allow a party who has issued a subpoena to notify the addressee of a later date or time as the date or time for attendance or for production or both;
• insert a new Order 35 rule 7A to prescribe a rate of pre-judgment interest for the purposes of section 51A of the Federal Court of Australia Act 1976;
• amend Order 41 subrule 2(3) and insert a new Order 41 subrule 2(3A) to provide that a document may be printed single-sided or double-sided;
• amend the rules in Order 52 and Order 53 dealing with the requirements for primary and supplementary appeal papers;
• amend Order 62 subrule 43(4) to correct a cross-reference to Order 62 rule 41;
• insert a Note at the foot of Order 63 subrule 5(2) to refer to Practice Note No 28 which deals with investment accounts established by the court;
• amend Forms 55A, 55B and 141 to remove the requirement that the members of the Tribunal which made the decision the subject of the appeal be named;
• amend Schedule 2 to adjust the quantum of prescribed costs.

The amendments mentioned in items 1 to 8 above will commence on the day after registration. The amendment mentioned in item 9 will commence on 1 December 2008.

1 December 2008