Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p29
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 69337–71982

resolution processes. For the duty of the Court to advise people to use dispute resolution processes, see section 158 of the Act. For the duty of lawyers to advise parties to use dispute resolution processes, see section 159 of the Act. For the duty of designated officers of the Court to advise parties to use dispute resolution processes, see section 160 of the Act.
Note 2: See also sections 161, 169 and 170 of the Act, which contain provisions dealing with the Court's power to refer a matter for conciliation, mediation or arbitration.
Note 3: For mediation and arbitration, see Part 23 of these Rules.

10.05  Conciliation conference
 (1) The Court may refer a proceeding, or a part of a proceeding or a matter arising out of a proceeding, for conciliation.
 (2) A conciliation conference must be held with:
 (a) a Judge; or
 (b) a Registrar; or
 (c) another person appointed by the Court for the purpose.
 (3) Unless the Court or a Registrar otherwise orders:
 (a) the parties must attend the conference in person; and
 (b) each lawyer representing a party must also attend.
 (4) The parties must make a genuine effort to reach agreement on relevant matters in issue.
 (5) If an issue between the parties remains unresolved at the end of a conciliation conference, the Judge or Registrar may:
 (a) give further directions; and
 (b) make any other order, including an order for costs.

Division 10.3—Notice of constitutional matter

10.06  Party to file notice of constitutional matter
 (1) Unless the Court otherwise orders, a party to a proceeding who becomes aware that the proceeding involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903, must file a notice of a constitutional matter and serve a copy on each other party to the proceeding.
 (2) The notice may be in the form prescribed for the purpose under the Federal Court Rules and must state:
 (a) the nature of the matter; and
 (b) the facts showing that the matter is a matter to which subrule (1) applies.

Part 11—Parties and litigation guardians

Division 11.1—Parties

11.01  Necessary parties
 (1) Subject to any order of the Court, a person whose participation is necessary for the Court to completely and finally determine all matters in dispute in a proceeding must be included as a party to the proceeding.
 (2) The Court may require a person to be included as a party.
 (3) A person required to be included as an applicant who does not consent to be included may be included as a respondent.
 (4) The Court may decide a proceeding even if a person is incorrectly included or not