Federal Court Legislation Amendment Rules 2024
04 June 2024
The Federal Court Legislation Amendment Rules 2024 were registered today and come into effect tomorrow – 5 June 2024.
These amendments aid in achieving the right to a fair and timely hearing in several ways:
- They ensure an effective application process in relation to allegations of sexual harassment under the Fair Work Act 2009 (Cth).
- They extend, consolidate and clarify the powers that registrars may exercise pursuant to a direction of the Chief Justice or a Judge of the Court.
- They improve existing mechanisms for applications under the Trans-Tasman Proceedings Act 2010 (Cth), service outside Australia, and for proceedings under the Patents Act 1990 (Cth) and the Trade Marks Act 1995 (Cth).
- They provide for an increase in the costs allowable for work done and services performed consistent with the recommendations of the 16th Report of the Joint Cost Advisory Committee, effectively increasing the costs recoverable by a successful party.
Schedule 1 contains amendments to the Federal Court Rules 2011, including the following:
- Inserting rule 34.05A which makes provision for an application for an order in relation to an alleged contravention of section 572D(1) of the Fair Work Act 2009 (Cth) with respect to sexual harassment.
- Amending the rules to extend, consolidate and clarify the powers that registrars may exercise pursuant to a direction of the Chief Justice or a Judge of the Court.
- Amending rule 10.42 and subrule 10.43(1) to clarify the documents that must be served pursuant to those rules.
- Amending rules 10.07 and 10.08 to provide an improved mechanism for service for proceedings under the Patents Act 1990 (Cth) and Trade Marks Act 1995 (Cth).
- Amending rule 34.63 to clarify how applications may be made under the Trans-Tasman Proceedings Act 2010 (Cth).
- Amending Schedule 3 to provide for an increase in the costs allowable for work done and services performed consistent with the recommendations of the 16th Report of the Joint Cost Advisory Committee.
Schedule 2 contains amendments to the Federal Court (Bankruptcy) Rules 2016 to extend, consolidate and clarify the powers under those rules that registrars may exercise pursuant to a direction of the Chief Justice or a Judge of the Court.
Schedule 3 contains amendments to the Federal Court (Corporations) Rules 2000 to extend, consolidate and clarify the powers under those rules that registrars may exercise pursuant to a direction of the Chief Justice or a Judge of the Court.
Schedule 4 confirms the repeal of Part 10 of the Federal Court (Criminal Proceedings) Rules 2016.
