Commonwealth Consolidated Regulations

FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016

- made under the Federal Court of Australia Act 1976

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

           Division 1.1--Introduction

   1.01.   Name  
   1.03.   Authority  
   1.04.   Purpose  
   1.05.   Application of these Rules and other Rules of the Court  

           Division 1.2--General powers of the Court etc.

   1.06.   Dispensing with compliance with Rules  
   1.07.    Orders inconsistent with Rules  
   1.08.    Exercise of Court's power  
   1.09.   Management of criminal proceedings  
   1.10.   Powers of the Court that may be exercised by a Registrar  

           Division 1.3--Interpretation

   1.11.   Definitions  
   1.12.   References to forms  

           Division 1.4--Time

   1.13.   Calculation of time  

           Division 1.5--Documents

   1.14.   General provisions about documents  
   1.15.   Compliance with approved forms  
   1.16.   Titles of documents  
   1.17.   Subsequent documents to be endorsed with Court number  
   1.18.   Signature  
   1.19.   Custody of documents  
   1.20.   Inspection of documents  

           Division 1.6--Lodging and filing documents

   1.21.   How documents may be lodged with the Court  
   1.22.   Faxing a document  
   1.23.   Sending a document by electronic communication  
   1.24.   Documents sent by electronic communication  
   1.25.   When a document is filed  

           Division 1.7--Lawyers

   1.26.   Commonwealth Director of Public Prosecutions  
   1.27.   Proceeding by lawyer or in person  
   1.28.   Power to act by lawyer  
   1.29.   Appointment of lawyer--notice of acting  
   1.30.   Termination of retainer by party  
   1.31.   Termination of retainer by lawyer  

           Division 1.8--Affidavits

   1.32.   Form of affidavit  
   1.33.   Swearing or affirming affidavit by person who has disability etc.  
   1.34.   Service of exhibits and annexures  
   1.35.   Irregularity in form  
   1.36.   Serving of affidavits  
   1.37.   Cross - examination of deponent  

           Division 1.9--Address for service

   1.38.   Address for service--general  
   1.39.   Service of notice of address for service  
   1.40.   Change of address for service  

           Division 1.10--Pleas by corporations

   1.41.   Pleas by corporations  

   PART 2--SUMMARY--CRIMINAL PROCEEDINGS

   2.01.   Starting proceedings  
   2.02.   Accused to file notice of address for service  
   2.03.   What happens if accused does not appear or enter guilty plea  

   PART 3--INDICTABLE--PRIMARY PROCEEDINGS

           Division 3.1--Indictments and applications

   3.01.   Filing and form of indictment  
   3.02.   Service of indictment and other documents  
   3.03.   Extension of time to file indictment  
   3.04.   Committal papers  
   3.05.   Accused to file notice of address for service  
   3.06.   Form of application for order discharging accused  
   3.07.   Amending or replacing indictments  

           Division 3.2--Pre-trial matters--hearings and disclosure

   3.08.   Notice of pre - trial hearing  
   3.09.   Filing requirements for pre - trial and ongoing disclosure  
   3.10.   Notice of particulars in support of alibi  
   3.11.   Notice of particulars in support of mental impairment  

           Division 3.3--Juries and arraignment

   3.12.   Form and service of summons for jury service  
   3.13.   Procedure for arraignment of accused  
   3.14.   Form of oath or affirmation--juror, jury officer and assistant jury officer  

           Division 3.4--Order of addresses

   3.15.   Right of accused to outline issues in contention  
   3.16.   Right of accused to adduce evidence  
   3.17.   Right to address  

           Division 3.5--Fitness for trial

   3.18.   Judge to determine issue of fitness  

   PART 4--CRIMINAL--APPEAL PROCEEDINGS ETC.

           Division 4.1--Leave to appeal

   4.01.   Applications for leave to appeal  
   4.02.   Extension of time to seek leave to appeal  
   4.03.   Place of filing notice of application for leave to appeal etc.  
   4.04.   Service of documents  
   4.05.   Address for service  
   4.06.   Ending applications early  
   4.07.   Dismissing application for want of prosecution etc.  
   4.08.   Absence of party  
   4.09.   Revocation or variation of grant of leave  

           Division 4.2--Institution of appeals

   4.10.   Notice of appeal  
   4.11.   Extension of time to file notice of appeal  
   4.12.   Place of filing notice of appeal  
   4.13.   Service of documents  
   4.14.   Address for service  
   4.15.   Stay of execution or proceedings under judgment or decision appealed from  
   4.16.   Parties  

           Division 4.3--Preparation and conduct of appeals

   4.17.   Application of rules 4.18 to 4.20  
   4.18.   Appeal books  
   4.19.   Title page of appeal books  
   4.20.   Written submissions and lists of authorities  
   4.21.   Further evidence on appeal  
   4.22.   Court may request report  
   4.23.   Directions  

           Division 4.4--Ending appeals early

   4.24.   Ending appeals early  
   4.25.   Dismissing appeal for want of prosecution etc.  
   4.26.   Absence of party  

           Division 4.5--Questions of law referred after trial

   4.27.   Application for leave to refer question of law  
   4.28.   Filing and service of application for leave to refer question of law  
   4.29.   Hearing of application for leave to refer question of law  
   4.30.   Form of referral of question of law  
   4.31.   Appearance of acquitted person at hearing relating to referral of question of law  

           Division 4.6--Cases stated and questions reserved

   4.32.   Cases stated and questions reserved  
   4.33.   Special case to be prepared  
   4.34.   Directions  

   PART 5--BAIL

   5.01.   Bail application  
   5.02.   Application to vary or revoke bail order  
   5.03.   Requirements for dealing with money or other property deposited as security for bail  
   5.04.   Requirements for bail undertaking  
   5.05.   Requirements for third party security undertaking  
   5.06.   Notice of proposed forfeiture--form of application  
   5.07.   Form of notice of proposed forfeiture  
   5.08.   Objection to forfeiture  

   PART 6--EXPERT--EVIDENCE REQUIREMENTS

   6.01.   Provision of guidelines to expert  
   6.02.   Contents of expert report  
   6.03.   Adducing expert evidence  

   PART 7--SERVICE

           Division 7.1--Personal service

   7.01.   Service on individual  
   7.02.   Service on corporation  

           Division 7.2--Ordinary service

   7.03.   Ordinary service  

           Division 7.3--Other methods of service

   7.04.   Service at address for service  
   7.05.   Acceptance of service by lawyer  
   7.06.   Deemed service  
   7.07.   Substituted service  
   7.08.   Service under agreement  
   7.09.   Service on an accused in indictable primary proceedings  
   7.10.   Service on a respondent in criminal appeal proceedings  
   7.11.   Service on acquitted person in proceedings under section 30CB of the Act  

           Division 7.4--Other rules about service

   7.12.   Service of documents by Court  
   7.13.   Identity of person served  
   7.14.   Proof of service  
   7.15.   Time of service  

           Division 7.5--Service outside Australia

   7.16.   Serving a document outside Australia  
   7.17.   Application of other rules  
   7.18.    Method of service  
   7.19.   Proof of service  
   7.20.   Deemed service  
   7.21.   Substituted service  

           Division 7.6--Service through diplomatic channel or by transmission to foreign government

   7.22.   Documents to be lodged with the Court  
   7.23.   Order for payment of expenses  

   PART 8--SUBPOENAS

           Division 8.1--Leave to issue subpoena

   8.01.   Leave to issue subpoena  

           Division 8.2--Subpoenas to give evidence and to produce documents

   8.02.   Definitions for this Division  
   8.03.   Issuing of subpoena  
   8.04.   Form of subpoena  
   8.05.   Change of date for attendance or production  
   8.06.   Setting aside or other relief  
   8.07.   Service  
   8.08.   Compliance with subpoena  
   8.09.   Production otherwise than on attendance  
   8.10.   Removal, return, inspection, copying and disposal of documents and things  
   8.11.   Inspection of, and dealing with, documents and things produced otherwise than on attendance  
   8.12.   Return of documents and things produced  
   8.13.   Costs and expenses of compliance  
   8.14.   Failure to comply with subpoena--contempt of court  
   8.15.   Documents and things in custody of a court  

   PART 9--OTHER--MATTERS

   9.01.   Interlocutory applications  
   9.02.   Bringing accused before the Court  
   9.03.   Bringing a witness before the Court  
   9.04.   Summons to appear before the Court  
   9.05.   Order that a person in custody be brought before the Court  
   9.06.   Warrant for arrest  
   9.07.   Warrant for imprisonment  
   9.08.   Notice of intention to adduce evidence of previous representation  
   9.09.   Notice of intention to adduce tendency evidence  
   9.10.   Notice of intention to adduce coincidence evidence  
   9.11.   Return of exhibits  

   PART 10--TRANSITIONAL--PROVISIONS

           Division 10.1--Transitional provisions relating to the Federal Court Legislation Amendment Rules 2022

   10.01.  Application of amendments relating to subpoenas  
   10.02.  Expiry of this Division  
           SCHEDULE 1 Dictionary