Federal Court Rules 2011

91

Rule 1.04(3)

Power to order that the Federal Court Rules as in force immediately before 1 August 2011 apply to a step in a proceeding

92

Rule 1.33

Power to make an order subject to conditions

93

Rule 1.34

Power to dispense with compliance with a requirement of the Rules

94

Rule 1.35

Power to make an order inconsistent with these Rules

95

Rule 1.38

Power to fix the time within which an act or thing is to be done

96

Rule 1.39

Power to make an order to extend or abridge a time

97

Rule 1.40

Power to exercise a power on a Registrar’s own initiative or on the application of a person who has a sufficient interest in the proceeding

98

Rule 1.41

Power to give judgment or make an order even if the applicant has not made a claim for that relief

99

Rule 1.42

Power to specify in an order the consequences of non‑compliance

100

Rule 2.02

Power to transfer a proceeding to another place

101

Rule 2.28

Power to make an order to remove from a court file documents accepted for filing

102

Rule 2.29

Power to make an order for redaction of a document on a court file

103

Rule 2.31

Power to approve removal of documents from a Registry

105

Rule 2.43

Power to order that money be paid out of a Litigants’ Fund

106

Rule 4.01(2), Note 3

Power to give leave to a corporation to proceed otherwise than by a lawyer

107

Rule 4.05

Power to give leave to a lawyer to file or serve a notice of change

108

Rule 4.12

Power to refer a litigant for referral to a Pro Bono lawyer

109

Rule 5.02

Power to make an order about the time when a notice of address for service must be served

110

Rule 5.04

Power at any hearing, to make directions for the management, conduct and hearing of a proceeding

111

Rule 5.05

Power to adjourn a directions hearing from time to time

113

Rule 5.08

Power to hear and determine a proceeding on a directions hearing

114

Rule 5.21

Power to make self‑executing orders

115

Rule 5.23

Power to make an order if a party is in default as provided in rule 5.22

116

Rule 6.01

Power to:

(a) remove from the Court file a document containing matter that is scandalous, vexatious or oppressive

(b) strike such matter from the document

117

Rule 6.11

Power to grant leave for the use of a communication device or recording tool in a hearing

118

Rule 7.01(1)(b)

Power to make an order about property

119

Rule 7.22

Power to order discovery to ascertain description of respondent

120

Rule 7.23

Power to order a prospective respondent to make discovery to a prospective applicant

121

Rule 7.29

Power to make an order for costs and expenses

122

Rule 7.29

Power to make an order for security for costs and expenses

123

Rule 8.21

Power to order that:

(a) a document be amended; or

(b) a party have leave to amend a document

124

Rule 9.02

Power to give leave for 2 or more persons to be joined as applicants or respondents in a proceeding

125

Rule 9.05

Power to order that a person be added as a party to a proceeding and make an order for the filing and service of documents in the proceeding

126

Rule 9.08

Power to order that a person cease to be a party to a proceeding and make an order for the further conduct of the proceeding

127

Rule 9.09

Power to make an order for the joinder or removal of a party following the assignment, transmission or devolution of a party’s interest or liability, or for the future conduct of a proceeding

128

Rule 9.10

Power to order that a proceeding be dismissed if a party is not substituted for a deceased party

129

Rule 9.10, Note

Power to make an order for the service of an order mentioned in rule 9.10

130

Rule 9.12

Power to give leave to a person to intervene in a proceeding, determine the terms and conditions on which the person is to intervene and determine the rights, privileges and liabilities of the intervener

131

Rule 9.63

Power to make an order appointing a person as a litigation representative

132

Rule 9.65(1)

Power to make an order that a litigation representative be removed

133

Rule 9.65(2)

Power to make an order that proceedings be stayed until a replacement litigation representative has been appointed

134

Rule 10.23

Power to order that a document be taken to have been served on a person on a specified date

135

Rule 10.24

Power to order substituted service

136

Rule 10.26

Power to make an order about service of a notice or other document by the Court or an officer of the Court

137

Rule 11.01

Power to make an order about a person’s address for service

138

Rule 13.01

Power to make an order about an originating process

139

Rule 14.01

Power to make an order about property, a document or information

140

Rule 14.24

Power to fix remuneration for a receiver

141

Rule 15.13

Power to make an order in relation to a cross‑claim

142

Rule 15.15

Power to make an order in relation to an amendment of a notice of cross‑claim

143

Rule 16.21

Power to order that the whole or a part of a pleading be struck out

144

Rule 16.31

Power to make an order varying the times for filing and serving pleadings in a proceeding

145

Rule 16.45

Power to order a party to file and serve particulars or a statement of the nature of the party’s case

146

Rule 16.52

Power to make an order disallowing an amendment of a pleading

147

Rule 16.53

Power to grant leave to amend a pleading

148

Rule 16.54

Power to order when an amendment of a document takes effect

149

Rule 16.59

Power to make an order about the procedure for amendment of a document

150

Rule 16.60

Power to make an order about the service of an amended document

151

Rule 17.01

Power to make an order about the time for service of an interlocutory application

152

Rule 17.03

Power to make an order in relation to service of an interlocutory application

153

Rule 17.04

Power to hear and dispose of an application in the absence of a party

154

Rule 19.01

Power to make an order directing the manner, time and terms for giving security for costs

155

Rule 19.01(1)(b)

Power to order that a proceeding be stayed until security is provided

156

Rule 19.01(1)(c)

Power to order that a proceeding be stayed or dismissed if security is not provided

157

Rule 20.03(2)

Power to make an order about the use of a document

158

Rule 20.13

Power to order a party to give discovery in accordance with Division 20.2

159

Rule 20.15

Power to order that non‑standard or more extensive discovery be made

160

Rule 20.16

Power to make an order about the manner and time within which discovery must be given

161

Rule 20.17(3)

Power to make an order about the form and content of a list of discovered documents

162

Rule 20.21

Power to order a party to file and serve an affidavit relating to a particular document or class of documents

163

Rule 20.22(2)

Power to order who can make an affidavit for discovery

164

Rule 20.23

Power to order a person who is not a party to make discovery to a party

165

Rule 20.25

Power to make an order for security for costs or for costs and expenses of a person ordered to make discovery pursuant to rule 20.23

166

Rule 20.31(3)

Power to order production of document for inspection

167

Rule 20.32

Power to order a party to produce a document or thing for inspection

168

Rule 20.33

Power to order production from non‑party

169

Rule 20.35

Power to:

(a) order a party to produce a document to the Court; and

(b) inspect a document for the purpose of deciding the validity of a claim for privilege or other objection to production

170

Rule 21.01

Power to order a party to provide written answers to interrogatories

171

Rule 21.03

Power to make orders about answers to interrogatories

172

Rule 21.03

Power to:

(a) require a party to specify the party’s grounds for objecting to an interrogatory; and

(b) determine the sufficiency of the objection

173

Rule 21.04

Power to specify who may make an affidavit verifying a party’s written answers to interrogatories

174

Rule 21.05

Power to make an order if a party fails to answer an interrogatory sufficiently

175

Rule 22.03

Power to make an order about the payment of the costs of proof of a fact

176

Rule 23.01

Power to appoint expert

177

Rule 23.15

Power to make orders about the evidence of expert witnesses

178

Rule 24.01

Power to give leave to issue a subpoena

179

Rule 24.12

Power to order an addressee, by subpoena:

(a) to attend to give evidence; or

(b) to produce documents; or

(c) to do both of those things

180

Rule 24.15

Power to set aside a subpoena in whole or part, or grant other relief

181

Rule 24.15

Power to order that an applicant give notice of an application to set aside a subpoena

182

Rule 24.19

Power to give a direction for the removal, return, inspection, copying and disposal of a document or thing

183

Rule 24.20

Power to give leave to inspect a document or thing

184

Rule 24.22

Power to make an order dealing with payment of reasonable loss or expense incurred in complying with a subpoena

185

Rule 26.01(1)

Power to give summary judgment for a party

186

Rule 26.01(5)(b)

Power to stay enforcement of a summary judgment

187

Rule 26.11

Power to give leave to a party to withdraw an admission or other matter operating for the benefit of another party

188

Rule 26.12(2)(c)

Power to give leave to discontinue all or part of a proceeding

189

Rule 26.12(7)

Power to make an order about the payment of costs for the whole or part of a proceeding that is discontinued without leave

190

Rule 26.15

Power to stay a further proceeding until costs are paid

191

Rule 28.02

Power to:

(a) make an order referring any proceeding or any part of a proceeding to arbitration, mediation or an alternative dispute resolution process; and

(b) adjourn or stay the proceeding; and

(c) order the arbitrator, mediator or person appointed to conduct the alternative dispute resolution process to report to the Court

192

Rule 28.03

Power to make orders about arbitration, mediation or other alternative dispute resolution process

193

Rule 28.04

Power to terminate a mediation or alternative dispute resolution process

194

Rule 29.06

Power to make an order about the filing of an affidavit that is irregular in form

195

Rule 29.07

Power to give leave to use an affidavit

196

Rule 29.08

Power to give a direction about the service of an affidavit

197

Rule 29.09

Power to give leave to use an affidavit if the maker of the affidavit fails to attend for cross‑examination

198

Rule 30.01

Power to make an order for the decision of a question to be heard separately from another question

199

Rule 30.01, Note 1

Power to make an order for the statement of a case and the question for decision

200

Rule 30.11

Power to order that several proceedings be consolidated, tried at the same time or in a specified order, or stayed until the determination of one of the proceedings

201

Rule 30.21

Power to make an order if a party is absent when a proceeding is called on for trial

202

Rule 30.21

Power to set aside or vary an order made in the absence of a party and make an order for the further conduct of a proceeding

203

Rule 30.22

Power to adjourn a proceeding or strike out a proceeding if no party appears at trial

204

Rule 30.23

Power to make an order limiting time for or the number of witnesses that a party may call, or documents that a party may tender, or make an order as to the length and manner of submissions

205

Rule 30.24

Power to give judgment and make an order for entry of judgment after the death of a party

206

Rule 30.25

Power to give leave to a party to read evidence taken or an affidavit filed in other proceedings

207

Rule 30.28

Power to make an order about the production of a document or thing on notice

208

Rule 30.33

Power to:

(a) make an order requiring the production of a party who is in lawful custody to a proceeding before the Court; and

(b) make an order in relation to the continuing custody of the party

209

Rule 30.34

Power to make an order for the attendance of a person for examination, or for the attendance of the person and the production of a document or thing by the person

210

Rule 33.22

Power to make directions

211

Rule 36.09

Power to order security for costs of appeal

212

Rule 36.11

Power to give a direction for the conduct of an appeal

213

Rule 39.01

Power to order that a judgment or order take effect on a specified date

214

Rule 39.02

Power to order the time for compliance with an order

215

Subrule 39.04(1)

Power to vary or set aside a judgment or order before it has been entered

216

Rule 39.05

Power to vary or set aside a judgment or order after it has been entered

217

Rule 39.11

Power to make an order in the terms of a written consent of the parties

218

Rule 39.32

Power to direct that an order be entered

219

Rule 39.35

Power to direct that an order be entered by being authenticated in Court

220

Rule 40.02

Power to make an order about the amount of costs

221

Rule 40.03

Power to make an order about reserved costs

222

Rule 40.06

Power to make an order about disallowance of costs

223

Rule 40.07

Power to do any of the following:

(a) disallow costs;

(b) direct a lawyer to repay costs;

(c) direct a lawyer to indemnify another party

224

Rule 40.13

Power to make an order about when costs must be taxed

225

Rule 40.51

Power to make an order specifying the maximum costs that may be recovered in a proceeding

226

Rule 41.01

Power to give a direction for the enforcement or execution of an order

227

Rule 41.10

Power to make an order, issue a writ or take another step to enforce a judgment or order