Federal Courts Practice 2011

Description:

• Full text of the Federal Court Act and Rules, as amended
• Introductory chapter explaining the Courts’ jurisdiction
• Digests of decisions, which interpret and apply the Federal Court Immigration and Refugee Protection Regulations
• Digests of all the significant decisions that interpret or apply the Act and Rules
• Practice directions issued by the Court
• Unmatched, detailed, section-by-section commentary
• Cross-references to other potentially relevant provisions
• Index.

• Amendments:
  • Changes to rules 213 to 219 regarding summary judgment (SORS/2009-331). The amendments provide greater flexibility in the summary judgment rules and introduce summary trials.
  • New rules in respect of expert witnesses. The new rules contain a code of conduct for expert witnesses, require parties to raise known objections as early as possible, make expert conferences available on both applications and appeals, and allow the Federal Court to order panel of concurrent expert evidence in actions.
  • New rules to improve practice efficiencies, including: elimination of the need to file affidavits separate from application records in proceedings commenced as Part 5 applications; requirement for personal service of notices of appeal from the Federal Court to the Federal Court of Appeal; and, permitting the Registry to transmit decisions and orders electronically or by means other than registered mail.
• Practice Directions:
  • Notice to Parties and the Profession setting out best practices in the preparation of memoranda of fact and law
  • Notice introducing two pilot projects. The first project involves the online confirmation of the status of and issues raised by motions to be heard at General Sittings of the Court. The second project establishes a mechanism to allow parties to submit draft orders to the Court electronically.
  • Practice Direction directing parties to be ready to deal with the issue of costs during the hearing of a motion, application or action.