Document ID: chunk:federal_register_of_legislation:C2024C00819:section:59:p1
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 59 (pt 1/5)
Character Range: 382248–384765

59  Rules of Court
 (1) The Judges of the Court or a majority of them may make Rules of Court, not inconsistent with this Act, making provision for or in relation to the practice and procedure to be followed in the Court (including the practice and procedure to be followed in Registries of the Court) and for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Court.
 (1A) The Judges of the Court, or a majority of them, may make Rules of Court prescribing matters required or permitted by:
 (a) any other provision of this Act; or
 (b) any other law of the Commonwealth;
to be prescribed by the Rules of Court.
 (2) In particular, the Rules of Court may make provision for or in relation to:
 (a) pleading; and
 (b) appearance under protest; and
 (c) interrogatories and discovery, production and inspection of documents; and
 (d) the attendance of witnesses; and
 (e) the administration of oaths and affirmations; and
 (f) the custody of convicted persons; and
 (g) the service and execution of the process of the Court, including the manner in which and the extent to which the process of the Court, or notice of any such process, may be served out of the jurisdiction of the Court; and
 (h) the issue by the Court of letters of request for the service in another country of any process of the Court; and
 (i) the service by officers of the Court, in the Commonwealth or in a Territory, of the process of a court of another country or of a part of another country, in accordance with a request of that court or of an authority of that country or of that part of that country, or in accordance with an arrangement in force between Australia and the government of that other country or of that part of that other country; and
 (j) the enforcement and execution of judgments of the Court; and
 (k) the stay of proceedings in, or under judgments of, the Court or another court; and
 (l) the prevention or termination of vexatious proceedings; and
 (m) the death of parties; and
 (n) the furnishing of security; and
 (o) the costs of proceedings in the Court; and
 (p) the means by which particular facts may be proved and the mode in which evidence of particular facts may be given; and
 (q) the forms to be used for the purposes of proceedings in the Court; and
 (r) the time and manner of instituting appeals to the Court; and
 (ra) the transfer of proceedings from the Federal Circuit and Family