Document ID: chunk:federal_register_of_legislation:F2024C00519:front:0:p16
Version: federal_register_of_legislation:F2024C00519
Segment Type: other
Provision Reference: 
Character Range: 43024–45782

Act 2010
Part 3.3—Federal Court of Australia Act 1976
Part 3.4—Foreign Evidence Act 1994
Part 3.5—Foreign Judgments Act 1991
Part 3.6—Native Title Act 1993
Part 3.7—Federal Court Rules 2011
Part 3.8—Fair Work Act 2009
Schedule 3—Costs allowable for work done and services performed
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes

Chapter 1—Introductory provisions

Part 1—Preliminary

Division 1.1—Scope

1.01  Name of Rules
  These Rules are the Federal Court Rules 2011.

1.04  Application
 (1) These Rules apply to a proceeding started in the Court on or after 1 August 2011.
 (2) These Rules apply to a step in a proceeding that was started before 1 August 2011, if the step is taken on or after 1 August 2011.
 (3) However, the Court may order that the Federal Court Rules as in force immediately before 1 August 2011 apply, with or without modification, to a step mentioned in subrule (2).
Note 1: For the rules governing proceedings in the Court under the Bankruptcy Act 1966, see the Bankruptcy Regulations 2021 and the Federal Court (Bankruptcy) Rules 2016.
Note 2: For the rules governing proceedings in the Court under the Corporations Act 2001, see the Federal Court (Corporations) Rules 2000.
Note 3: For the rules governing proceedings in the Court under the Admiralty Act 1988, see the Admiralty Rules 1988.
Note 4: For the rules governing criminal proceedings in the Court, see the Federal Court (Criminal Proceedings) Rules 2016.
Rules 1.05–1.20 left blank

Division 1.2—Application about procedures

1.21  Application for orders about procedures
  A person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if:
 (a) the procedure is not prescribed by the Act, these Rules or by or under any other Act; or
 (b) the person is in doubt about the procedure.
Rules 1.22–1.30 left blank

Division 1.3—General powers of the Court

1.31  Orders to have regard to nature and complexity of proceeding
 (1) The Court may in making any order in the proceeding have regard to the nature and complexity of the proceeding.
 (2) The Court may deal with the proceeding in a manner that is proportionate to the nature and complexity of that proceeding.

1.32  Court may make any order it considers appropriate in the interests of justice
  The Court may make any order that the Court considers appropriate in the interests of justice.
Note: See sections 23 and 28 of the Act.

1.33  Orders may be subject to conditions
  The Court may make an order subject to any conditions the Court considers appropriate.

1.34  Dispensing with compliance with Rules
  The Court may