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Federal Court (Criminal Proceedings) Rules 2016
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Attorney-General's Department
This item is authorised by the following title:
Federal Court of Australia Act 1976
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F2024C00482 (C02)
05 June 2024
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Part 1—Preliminary
Division 1.1—Introduction
1.01 Name
1.03 Authority
1.04 Purpose
1.05 Application of these Rules and other Rules of the Court
Division 1.2—General powers of the Court etc.
1.06 Dispensing with compliance with Rules
1.07 Orders inconsistent with Rules
1.08 Exercise of Court’s power
1.09 Management of criminal proceedings
1.10 Powers of the Court that may be exercised by a Registrar
Division 1.3—Interpretation
1.11 Definitions
1.12 References to forms
Division 1.4—Time
1.13 Calculation of time
Division 1.5—Documents
1.14 General provisions about documents
1.15 Compliance with approved forms
1.16 Titles of documents
1.17 Subsequent documents to be endorsed with Court number
1.18 Signature
1.19 Custody of documents
1.20 Inspection of documents
Division 1.6—Lodging and filing documents
1.21 How documents may be lodged with the Court
1.22 Faxing a document
1.23 Sending a document by electronic communication
1.24 Documents sent by electronic communication
1.25 When a document is filed
Division 1.7—Lawyers
1.26 Commonwealth Director of Public Prosecutions
1.27 Proceeding by lawyer or in person
1.28 Power to act by lawyer
1.29 Appointment of lawyer—notice of acting
1.30 Termination of retainer by party
1.31 Termination of retainer by lawyer
Division 1.8—Affidavits
1.32 Form of affidavit
1.33 Swearing or affirming affidavit by person who has disability etc.
1.34 Service of exhibits and annexures
1.35 Irregularity in form
1.36 Serving of affidavits
1.37 Cross examination of deponent
Division 1.9—Address for service
1.38 Address for service—general
1.39 Service of notice of address for service
1.40 Change of address for service
Division 1.10—Pleas by corporations
1.41 Pleas by corporations
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Part 2—Summary criminal proceedings
2.01 Starting proceedings
2.02 Accused to file notice of address for service
2.03 What happens if accused does not appear or enter guilty plea
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Part 3—Indictable primary proceedings
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Division 3.1—Indictments and applications
3.01 Filing and form of indictment
3.02 Service of indictment and other documents
3.03 Extension of time to file indictment
3.04 Committal papers
3.05 Accused to file notice of address for service
3.06 Form of application for order discharging accused
3.07 Amending or replacing indictments
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Division 3.2—Pre trial matters—hearings and disclosure
3.08 Notice of pre trial hearing
3.09 Filing requirements for pre trial and ongoing disclosure
3.10 Notice of particulars in support of alibi
3.11 Notice of particulars in support of mental impairment
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Division 3.3—Juries and arraignment
3.12 Form and service of summons for jury service
3.13 Procedure for arraignment of accused
3.14 Form of oath or affirmation—juror, jury officer and assistant jury officer
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Division 3.4—Order of addresses
3.15 Right of accused to outline issues in contention
3.16 Right of accused to adduce evidence
3.17 Right to address
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Division 3.5—Fitness for trial
3.18 Judge to determine issue of fitness
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Part 4—Criminal appeal proceedings etc.
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Division 4.1—Leave to appeal
4.01 Applications for leave to appeal
4.02 Extension of time to seek leave to appeal
4.03 Place of filing notice of application for leave to appeal etc.
4.04 Service of documents
4.05 Address for service
4.06 Ending applications early
4.07 Dismissing application for want of prosecution etc.
4.08 Absence of party
4.09 Revocation or variation of grant of leave
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Division 4.2—Institution of appeals
4.10 Notice of appeal
4.11 Extension of time to file notice of appeal
4.12 Place of filing notice of appeal
4.13 Service of documents
4.14 Address for service
4.15 Stay of execution or proceedings under judgment or decision appealed from
4.16 Parties
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Division 4.3—Preparation and conduct of appeals
4.17 Application of rules 4.18 to 4.20
4.18 Appeal books
4.19 Title page of appeal books
4.20 Written submissions and lists of authorities
4.21 Further evidence on appeal
4.22 Court may request report
4.23 Directions
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Division 4.4—Ending appeals early
4.24 Ending appeals early
4.25 Dismissing appeal for want of prosecution etc.
4.26 Absence of party
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Division 4.5—Questions of law referred after trial
4.27 Application for leave to refer question of law
4.28 Filing and service of application for leave to refer question of law
4.29 Hearing of application for leave to refer question of law
4.30 Form of referral of question of law
4.31 Appearance of acquitted person at hearing relating to referral of question of law
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Division 4.6—Cases stated and questions reserved
4.32 Cases stated and questions reserved
4.33 Special case to be prepared
4.34 Directions
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Part 5—Bail
5.01 Bail application
5.02 Application to vary or revoke bail order
5.03 Requirements for dealing with money or other property deposited as security for bail
5.04 Requirements for bail undertaking
5.05 Requirements for third party security undertaking
5.06 Notice of proposed forfeiture—form of application
5.07 Form of notice of proposed forfeiture
5.08 Objection to forfeiture
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Part 6—Expert evidence requirements
6.01 Provision of guidelines to expert
6.02 Contents of expert report
6.03 Adducing expert evidence
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Part 7—Service
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Division 7.1—Personal service
7.01 Service on individual
7.02 Service on corporation
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Division 7.2—Ordinary service
7.03 Ordinary service
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Division 7.3—Other methods of service
7.04 Service at address for service
7.05 Acceptance of service by lawyer
7.06 Deemed service
7.07 Substituted service
7.08 Service under agreement
7.09 Service on an accused in indictable primary proceedings
7.10 Service on a respondent in criminal appeal proceedings
7.11 Service on acquitted person in proceedings under section 30CB of the Act
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Division 7.4—Other rules about service
7.12 Service of documents by Court
7.13 Identity of person served
7.14 Proof of service
7.15 Time of service
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Division 7.5—Service outside Australia
7.16 Serving a document outside Australia
7.17 Application of other rules
7.18 Method of service
7.19 Proof of service
7.20 Deemed service
7.21 Substituted service
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Division 7.6—Service through diplomatic channel or by transmission to foreign government
7.22 Documents to be lodged with the Court
7.23 Order for payment of expenses
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Part 8—Subpoenas
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Division 8.1—Leave to issue subpoena
8.01 Leave to issue subpoena
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Division 8.2—Subpoenas to give evidence and to produce documents
8.02 Definitions for this Division
8.03 Issuing of subpoena
8.04 Form of subpoena
8.05 Change of date for attendance or production
8.06 Setting aside or other relief
8.07 Service
8.08 Compliance with subpoena
8.09 Production otherwise than on attendance
8.10 Removal, return, inspection, copying and disposal of documents and things
8.11 Inspection of, and dealing with, documents and things produced otherwise than on attendance
8.12 Return of documents and things produced
8.13 Costs and expenses of compliance
8.14 Failure to comply with subpoena—contempt of court
8.15 Documents and things in custody of a court
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Part 9—Other matters
9.01 Interlocutory applications
9.02 Bringing accused before the Court
9.03 Bringing a witness before the Court
9.04 Summons to appear before the Court
9.05 Order that a person in custody be brought before the Court
9.06 Warrant for arrest
9.07 Warrant for imprisonment
9.08 Notice of intention to adduce evidence of previous representation
9.09 Notice of intention to adduce tendency evidence
9.10 Notice of intention to adduce coincidence evidence
9.11 Return of exhibits
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Schedule 1—Dictionary
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history