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Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018

Memo and Explanatory Note

The amendments in Schedule 1 Part 1 increase the itemised amounts of costs comprised in Schedule 1 of the Rules. These increases follow recommendations made by the Joint Costs Advisory Committee in their 10th Report. These increases apply to work done or services performed after the commencement of the Schedule.

The amendments in Schedule 1 Part 2 comprise miscellaneous amendments to the Rules being:

  • Removing a reference to primary dispute resolution in subrule 10.01(3)(g) as this terminology
    is no longer used in the Federal Circuit Court of Australia Act 1999 or the Family Law Act 1975.
    Instead it has been replaced with reference to dispute resolution and family counselling;
  • Including in Schedule 3 Part 2 the application of the following Federal Court Rules:
    • Rule 6.11 – Use of communication device or recording device in place where hearing taking place;
    • Division 7.3 – Preliminary discovery