s 1.01Name of Rules

These Rules are the Federal Court Rules 2011.

s 1.04Application

(1)

These Rules apply to a proceeding started in the Court on or after 1 August 2011.

(2)

These Rules apply to a step in a proceeding that was started before 1 August 2011, if the step is taken on or after 1 August 2011.

(3)

However, the Court may order that the Federal Court Rules as in force immediately before 1 August 2011 apply, with or without modification, to a step mentioned in subrule (2).

Note 1:

For the rules governing proceedings in the Court under the Bankruptcy Act 1966, see the Bankruptcy Regulations 2021 and the Federal Court (Bankruptcy) Rules 2016.

Note 2:

For the rules governing proceedings in the Court under the Corporations Act 2001, see the Federal Court (Corporations) Rules 2000.

Note 3:

For the rules governing proceedings in the Court under the Admiralty Act 1988, see the Admiralty Rules 1988.

Note 4:

For the rules governing criminal proceedings in the Court, see the Federal Court (Criminal Proceedings) Rules 2016.

Rules 1.05–1.20 left blank

s 1.21Application for orders about procedures

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:

(a)

the procedure is not prescribed by the Act, these Rules or by or under any other Act; or

(b)

the person is in doubt about the procedure.

Rules 1.22–1.30 left blank

s 1.31Orders to have regard to nature and complexity of proceeding

(1)

The Court may in making any order in the proceeding have regard to the nature and complexity of the proceeding.

(2)

The Court may deal with the proceeding in a manner that is proportionate to the nature and complexity of that proceeding.

s 1.32Court may make any order it considers appropriate in the interests of justice

The Court may make any order that the Court considers appropriate in the interests of justice.

Note:

See sections 23 and 28 of the Act.

s 1.33Orders may be subject to conditions

The Court may make an order subject to any conditions the Court considers appropriate.

s 1.34Dispensing with compliance with Rules

The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.

s 1.35Orders inconsistent with Rules

The Court may make an order that is inconsistent with these Rules and in that event the order will prevail.

s 1.36Orders other than in open court

The Court may make orders other than in open court.

Note:

For the power of a Judge sitting in Chambers to exercise the jurisdiction of the Court, see section 17(2) of the Act.

s 1.37Directions to Registrars

The Court may direct a Registrar to do, or not to do, an act or thing.

s 1.38Fixing of time by Court

If no time for doing an act or thing in relation to a proceeding is fixed by these Rules, the Court may fix the time within which the act or thing is to be done.

s 1.39Extension and shortening of time

The Court may extend or shorten a time fixed by these Rules or by order of the Court:

(a)

before or after the time expires; and

(b)

whether or not an application for extension is made before the time expires.

Federal Court Rules 2011

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