Federal Magistrates Court Amendment Rules 2002 (No. 1)1
We, Federal Magistrates, make the following Rules of Court under the Federal Magistrates Act 1999.
Dated 16 March 2002
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Federal Magistrates
PETER MAY
Chief Executive Officer
1 Name of Rules
These Rules are the Federal Magistrates Court Amendment Rules 2002 (No. 1).
2 Commencement
These Rules commence on gazettal.
3 Amendment of Federal Magistrates Court Rules 2001
Schedule 1 amends the Federal Magistrates Court Rules 2001.
Schedule 1 Amendments
(rule 3)
[1] Rule 1.05, General outline, sixth dot point
substitute
[2] Rule 1.06
omit
The Court
insert
(1) The Court
[3] Rule 1.06
insert
(2) If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in that proceeding.
[4] Subrule 4.03 (1)
omit
a cross-claim
insert
an application
[5] Subrule 4.03 (2)
omit
or cross-claim
[6] Paragraph 6.08 (2) (a)
substitute
(a) on a company, as defined in section 9 of the Corporations Act 2001, in any manner permitted by section 109X of that Act; and
[7] Paragraphs 6.08 (2) (b) and (c)
omit
of the Corporations Law
insert
of that Act
[8] Paragraph 8.02 (4) (e)
substitute
(e) the wishes of the parties;
(f) for family law or child support proceedings, whether the hearing of the proceeding is likely to take longer than 2 days.
[9] Rule 21.06
omit
[10] Subdivision 21.3.1, heading
omit
[11] Subrule 21.09 (2)
substitute
(2) Subject to paragraphs 21.02 (2) (c) and 21.11 (2) (a), Order 38 of the Family Law Rules does not apply to a family law or child support proceeding in the Court.
[12] Rule 21.10
after
proceeding
insert
(other than a proceeding to which the Bankruptcy Act applies)
[13] Rule 21.10, at the foot
insert
Note For costs in a proceeding to which the Bankruptcy Act applies: see rule 29.08.
[14] Rule 21.11, heading
substitute
21.11 Taxation of costs
[15] Rule 21.11
omit
If a statement
insert
(1) If a statement
[16] Rule 21.11
insert
(2) When taxing a statement of costs, a taxing officer must apply:
(a) for a family law or child support proceeding — the scale of costs set out in Schedule 2 to the Family Law Rules; and
(b) for a general federal law proceeding — the scale of costs set out in Schedule 2 to the Federal Court Rules.
(3) In this rule:
taxing officer means a Registrar.
[17] Subdivision 21.3.2
omit
[18] Subrule 27.03 (2), second occurring
substitute
(3) If the Court appoints a new mediator, the Court may order that the mediation continue in any way the Court directs.
[19] Rule 28.05
omit
A cross-respondent
insert
(1) A cross-respondent
[20] Rule 28.05
insert
(2) A response must be filed and served within 14 days of service of the cross-claim to which it relates.
[21] After rule 29.07
insert
29.08 Costs
Unless the Court otherwise orders, a party entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with the Federal Court Rules.
[22] Schedule 1, Part 3
omit
[23] Schedule 2, Part 1, Application
substitute
[24] Schedule 2, Part 2, Form 4
substitute
[25] Schedule 2, Part 3, Form 152
after
taxed
insert
in accordance with the Federal Court Rules
[26] Dictionary, after definition of child representative
insert
child support proceeding means a proceeding under the Assessment Act or the Registration Act.
[27] Dictionary, definition of family law proceeding
substitute
family law proceeding means a proceeding under the Family Law Act.
[28] Further amendments
Provision | omit | insert |
Paragraph 1.05 (3) (a) | family law proceedings; | family law or child support proceedings; |
Rule 1.05, General outline, second dot point | family law proceedings | family law and child support proceedings |
Rule 1.05, General outline, third dot point | family law proceedings | family law or child support proceedings |
Paragraph 2.08 (1) (a) | family law proceeding | family law or child support proceeding |
Subrule 6.07 (3) | family law proceeding, | family law or child support proceeding, |
Rule 10.04, note 2 | family law proceeding) | family law or child support proceeding) |
Rule 10.04, note 3 | family law and child support matters: | family law and child support proceedings: |
Rule 10.04, note 4 | family law proceedings: | family law or child support proceedings: |
Subrule 14.11 (2) | Family Law proceeding | family law or child support proceeding |
Rule 21.01, note | other than family law proceedings | other than family law or child support proceedings |
Rule 21.01, note | for family law proceedings. | for family law and child support proceedings. |
Paragraph 21.08 (a) | family law proceeding | family law or child support proceeding |
Chapter 2, heading | Family law proceedings | Family law and child support proceedings |
Rule 23.02, note | family law proceeding | family law or child support proceeding |
Chapter 3, heading | Proceedings other than family law | Proceedings other than family law or child support |
Rule 26.01, note | family law proceedings. | family law or child support proceedings. |
Dictionary, definition of general federal law proceeding | family law proceeding. | family law or child support proceeding. |
Notes
1. These Regulations amend Statutory Rules 2001 No. 195.
2. Notified in the Commonwealth of Australia Gazette on 18 April 2002.