Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:4_2:p7
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 4 cl 2 (pt 7/19)
Character Range: 594251–605459

Part 12.2 FCFCOA Rules                                                                                                                                          To make orders in relation to security for costs                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
Part 13—Appeals
13.1                                                                             Paragraphs 32(2)(a),(b),(c) and (d), by consent, and paragraph 32(2)(e) FCFCOA Act                                                                              To make orders in relation to the following procedural applications:                                                                                                                                                                                                                                                                                                                                                                                                                                                  
                                                                                                                                                                                                                                                 (a) for extension of time within which to institute an appeal;                                                                                                                                                                                                                                                                                                                                                                                                                                                         if a Judicial Registrar is designated by the CEO (subject to any directions of the Chief Justice) to exercise the power
                                                                                                                                                                                                                                                 (b) for an extension of time within which to file an application for leave to appeal;
                                                                                                                                                                                                                                                 (c) for leave to amend the grounds of an appeal;
                                                                                                                                                                                                                                                 (d) to stay an order of the Federal Circuit and Family Court (Division 1) made in its appellate jurisdiction (by consent of all parties only)
                                                                                                                                                                                                                                                 (e) for security for costs in relation to the appeal
13.2                                                                             Paragraphs 32(3)(a) and (d), by consent, and paragraphs 32(3)(b), (c), (e), (f), (g), (h) and (i) FCFCOA Act                                                    To make orders in relation to the following applications:                                                                                                                                                                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                 (a) to join or remove a party to an appeal (by consent of all parties and any person proposed to be joined only);                                                                                                                                                 if a Senior Judicial Registrar is approved by the Chief Justice or CEO (subject to any directions of the Chief Justice) to exercise the power                                                                                                        if a Judicial Registrar is approved by the Chief Justice or CEO (subject to any directions of the Chief Justice) to exercise the power
                                                                                                                                                                                                                                                 (b) to give summary judgment;
                                                                                                                                                                                                                                                 (c) to make an interlocutory order pending, or after, the determination of an appeal, and to vary or set aside that order;
                                                                                                                                                                                                                                                 (d) to make an order to dismiss an appeal for want of prosecution, and to vary or set aside that order;
                                                                                                                                                                                                                                                 (e) to:
                                                                                                                                                                                                                                                 (i) make an order to dismiss an appeal for failure to comply with a direction of the Court or failure of the appellant to attend a hearing relating to the appeal; and
                                                                                                                                                                                                                                                 (ii) vary or set aside that order;
                                                                                                                                                                                                                                                 (f) to give directions under subsection 69(1) FCFCOA Act about practice and procedure to be followed in the proceeding;
                                                                                                                                                                                                                                                 (g) to give other directions about the conduct of the appeal, including about:
                                                                                                                                                                                                                                                 (i) use of written submissions; and
                                                                                                                                                                                                                                                 (ii) limiting the time for oral argument;
                                                                                                                                                                                                                                                 (h) to make an order by consent disposing of an appeal to the court (including an order for costs)
13.3                                                                             Rule 13.13 FCFCOA Rules                                                                                                                                         To make procedural orders relating to an application for leave to appeal                                                                                                                                                                                                                                                                                                                                                                                                                                              
13.4                                                                             Rule 13.18 FCFCOA Rules                                                                                                                                         To make orders at a procedural hearing                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
13.5                                                                             Rule 13.19 FCFCOA Rules                                                                                                                                         To make orders about the preparation of the appeal books                                                                                                                                                                                                                                                                                                                                                                                                                                                              
13.6                                                                             Rules 13.25 and 13.27 FCFCOA Rules                                                                                                                              To make procedural orders