Federal Court (Criminal Proceedings) Rules 2016

23 November 2016


The Federal Court (Criminal Proceedings) Rules 2016 (the Comprehensive Rules) came into effect on 10 November 2016. These rules apply to indictable criminal proceedings and criminal appeal proceedings relating to offences under sections 44ZZRF and 44ZZRG of Competition and Consumer Act 2010 that are before the Federal Court, as well as summary criminal proceedings which may be brought in the Court.

The effect of the Federal Court Legislation Amendment (Criminal Proceedings) Rules 2016 (the Consequential Rules) is to repeal the Federal Court (Criminal Proceedings) (Interim) Rules 2016. However, the Interim Rules will continue to apply to indictable primary proceedings and criminal appeal proceeding commenced, but not completed, before the repeal provision came into effect.

Consequential amendments have also been made to the Federal Court Rules 2011. These are set out in Schedule 2 of the Consequential Rules.

New forms and transitional arrangements for forms

Consistent with the approach adopted by the Court in the Federal Court Rules, the Comprehensive Rules do not prescribe forms but provide for the Chief Justice to approve forms for the purposes of those Rules.

Criminal Proceedings Forms have been approved for use under the Rules in criminal proceedings and will be published on the website.

If you have any queries, please contact me on (02) 9230 8336. 

 

John Mathieson
Deputy Principal Registrar
23 November 2016