Notices to practitioners issued
by the Vic District Registrar
Note: this notice was revoked on 25 September 2009.
Migration
Cases
As a result of a review of the standard
procedures used in migration cases, new standard procedures
will apply to such cases filed after the date of this
notice.
The new procedures are designed for
the usual migration case. They do not prevent parties
seeking special orders or directions in cases which are
unusual and are not suited to the standard procedures.
Nor do they prevent the docket judge making orders or
directions in a particular case which the judge determines
are suitable for that case.
The new standard procedures are as
follows:
1. Upon the filing of the application
the matter will be allocated to a docket judge.
2. Upon the filing of the application
the registry will provide the Australian Government Solicitor
(AGS) with a copy of the application in order to allow
AGS to commence preparation of the court book. This does
not affect the applicant's obligation to serve the application
on the respondent as required by the Federal Court Rules.
3. Upon the filing of the application
the parties will be given a date for a directions hearing
to be held before the docket judge.
4. The AGS will make available to the
solicitors for the applicants or to unrepresented applicants
the departmental and tribunal files, subject to any claim
to privilege.
5. Prior to the date of the directions
hearing the AGS will prepare and file two copies of a
court book containing all relevant documents.
6. Where the applicant is represented
and the particulars given in the initial application require
further elaboration, the solicitors for the applicant
will file and serve full particulars of the application
as soon as possible prior to the directions hearing. This
will assist the AGS in the preparation of the court book.
7. The directions hearing
(a) In most cases the docket judge
will fix a hearing date as one of the directions made
at the directions hearing.
The parties should consult with the
associate of the docket judge prior to the first directions
hearing to obtain a hearing date.
(b) It is expected that in the usual
case, the parties will be able to agree on the other usual
directions and submit consent orders in writing without
the need for an appearance but a directions hearing will
be held if necessary.
(c) The usual directions will be:
(i) (where the applicant is represented
and if sufficient particulars have not been filed prior
to the directions hearing) the applicant to file and serve
further particulars of the application within 21 days;
(ii) (if there are documents which
the applicant intends to rely upon which are not included
in the court book) the applicant to file and serve a supplementary
book of documents 21 days prior to the date of hearing;
(iii) the applicant file and serve
contentions of fact and law no later than 21 days before
the date for hearing;
(iv) the respondent to file and serve
contentions of fact and law no later than seven days before
the date for hearing;
(v) the date for hearing of the application
is fixed for ... .
The directions which require the AGS to prepare the court
book and to give access to the tribunal and departmental
files to the applicants should obviate the need for the
applicant to apply for such documents under FOI legislation.
Where an applicant invokes the FOI process to obtain the
relevant documents the standard procedure will not apply.
However, the standard procedure will apply where an FOI
application is made only in respect of the tape recording
of the tribunal proceedings.
