Recent changes to Court Rules and forms

Below is a summary of changes to the Federal Court Rules 2011 and court forms which took effect in January 2023.

Federal Court Legislation Amendment Rules 2022

The Federal Court Legislation Amendment Rules 2022 come into effect on 13 January 2023.

The amendments provide updates to references to rules, regulations and the Federal Circuit and Family Court of Australia. They also clarify the transfer of proceedings to and from the Federal Circuit and Family Court of Australia (Division 2).

The rule amendments reflect harmonisation consistent with recommendations from the Council of Chief Justices and improve the rules relating to examinations by a medical expert and limiting non-party access to documents. 

• Schedule 1 amends the Federal Court Rules 2011.
• Schedule 2 amends the Federal Court (Criminal Proceedings) Rules 2016.
• Schedule 3 amends the Federal Court (Bankruptcy) Rules 2016.
• Schedule 4 amends the Federal Court (Corporations) Rules 2000.

The amendments also provide for an increase in the Costs Allowable for Work Done and Services Performed as set out in Schedule 3 of the Federal Court Rules, consistent with recommendations from the Joint Costs Advisory Committee.

New Form 26A – Notice to person served outside Australia

The Chief Justice has approved and issued Form 26A – Notice to person served outside Australia (Form 26A), which is a form for the purposes of rule 10.43B of the Federal Court Rules 2011.

Form 26A was issued on 11 January 2023.

Amended subpoena forms 43B and 43C

Subpoena to produce documents ; Subpoena to give evidence and produce documents

The Chief Justice has approved and issued updated Form 43B – Subpoena to produce documents (Form 43B) and updated Form 43C – Subpoena to give evidence and produce documents (Form 43C), which reflect the amendments introduced by the Federal Court Legislation Amendment Rules 2022.

Both forms were issued on 11 January 2023.

New and Amended Forms - Prospective Applicants

New form 14A - Originating application by prospective applicant to ascertain description of respondent

The Chief Justice has approved and issued Form 14A - Originating application by prospective applicant to ascertain description of respondent (Form 14A), which is a form for the purposes of rule 7.24(1) of the Federal Court Rules 2011.

Amended Form 14 - Originating application by prospective applicant for order for discovery

The Chief Justice has approved and issued updated Form 14 – Originating application by prospective applicant for order for discovery (Form 14), which reflects the amendments introduced by the Federal Court Legislation Amendment Rules 2022.

Both forms were issued on 18 January 2023.