Notice to Litigants and Legal Practitioners

Part 1 Preliminary

1. This Practice Note sets out arrangements for the management of interim proceedings in the Federal Circuit Court.

2. The conduct of proceedings in the Court is governed by the Federal Circuit Court of Australia Act 1999 and the Federal Circuit Court Rules 2001. Consistent with its legislative mandate, the Court applies the rules of court flexibly and with the objective of simplifying procedures to the greatest possible extent.

3. It is expected that parties and their representatives will assist the Court in ensuring proceedings are conducted expeditiously with the objective of early identification of the issues in dispute.

Commencing proceedings

4. Proceedings in the Court are commenced by an Application supported by an affidavit. If an interim order is sought at the commencement this can be sought by way of the Initiating Application, otherwise an interim order sought after commencement should be by way of an Application in a Case.

5. Pursuant to section 51 of the Federal Circuit Court of Australia Act 1999 the Court directs that unless otherwise directed in the particular proceedings, affidavit material must not:

  • exceed 10 pages in length for each affidavit;
  • contain more than 5 annexures.

Interim hearing

6. The Court may conduct an interim hearing that deals with all or part of an application and make orders that are effective until the matter can be finally determined.

7. The interim hearing will be circumscribed.

8. The facts relied on by the applicant/respondent must be set out succinctly. Division 15.4 of the Federal Circuit Court Rules 2001 sets out the rules in relation to affidavits.

9. Documents filed less than 48 hours prior to a hearing (electronically or otherwise) ('a late document') may not be relied upon at the hearing without leave of the Court. A party seeking to rely upon a late document must seek leave to tender a copy of it at the commencement of the hearing.

10. Where the respondent seeks interim orders other than those sought by the applicant and the applicant opposes these orders, the applicant may file a second affidavit setting out the facts relied on.

11. This notice can be found on the Court’s website: www.federalcircuitcourt.gov.au.

     

J PASCOE
Chief Judge