Intellectual Property Point-in-Time Service Updates

Tuesday 14 May 2019 @ 3.33 p.m.

The Intellectual Property Point-in-Time Service has been updated to include the Federal Court Amendment (Court Administration and Other Measures) Rules 2019 (Cth).

Federal Court Amendment (Court Administration and Other Measures) Rules 2019

The Judges have agreed to amend the Federal Court Rules 2011 by:

  • updating references to the Court’s Chief Executive Officer and Principal Registrar and other Court Registrars consequential to changes in the titles of these offices made by the Courts Administration Legislation Act 2016;
  • updating references to the Registrar of the Administrative Appeals Tribunal consequential to changes made by the Tribunals Amalgamation Act 2015;
  • updating the note to rule 2.32(5) consequential to the making of the Federal Court and Federal Circuit Court Regulation 2012 which repealed and replaced the former regulations prescribing fees for proceedings in the Court;
  • amending rules 8.05 and 8.06 consistent with the implementation in the Court of the National Court Framework for the more effective, orderly and expeditious discharge of the business of the Court;
  • amending rule 8.07 to clarify the appropriate practice for changing the return date of an application which has been filed by electronic communication;
  • amending rule 15.17 to include requirements for the amendment of a notice of cross-claim which has been filed by electronic communication equivalent to those for an originating application which has been similarly filed;
  • amending Division 33.3, consequential to changes made by the Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Act 2018, in replacing the Superannuation Complaints Tribunal with the Australian Financial Complaints Authority;
  • amending rules 34.03, 34.04 and 34.05 consequential to the renumbering of various sections referred to in those rules of the Fair Work Act 2009;
  • amending rule 36.03 to extend the time for filing and serving a notice of appeal to 28 days to standardise this with other superior courts in Australia;
  • correcting and clarifying the operation of rules 40.43 and 40.44 and item 15 of Schedule 3 in regard to short form bills of cost in migration appeals; and
  • increasing the rates of costs in Schedule 3 for work done and services provided by lawyers to give effect to recommendations made in the Seventh, Eighth, Ninth, Tenth and Eleventh Reports of the Joint Costs Advisory Committee.

The amendments made by this Regulation have been updated in the Point-in-Time Intellectual Property Service current to 13 May 2019. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.