The Federal Court Legislation Amendment Rules 2024 were registered this week and came into effect on 5 June 2024.
These amendments aid in achieving the right to a fair and timely hearing in several ways:
- They ensure an effective application process in relation to allegations of sexual harassment under the Fair Work Act 2009 (Cth).
- They extend, consolidate and clarify the powers that registrars may exercise pursuant to a direction of the Chief Justice or a Judge of the Court.
- They improve existing mechanisms for applications under the Trans-Tasman Proceedings Act 2010 (Cth), service outside Australia, and for proceedings under the Patents Act 1990 (Cth) and the Trade Marks Act 1995 (Cth).
- They provide for an increase in the costs allowable for work done and services performed consistent with the recommendations of the 16th Report of the Joint Cost Advisory Committee, effectively increasing the costs recoverable by a successful party.
Of relevance to IP practice, the Amendment Rules notably include updates to Federal Court Rules 2011 RR 10.07 and 10.08 regarding service of proceedings for Patent and Trade Marks matters (respectively) – see Amdt Rules Sch 1 Pt 4:
- A proceeding under the Patents Act may be served upon the recorded Address for Service in accordance with s 221 of the Patents Act. (NB: Service by post is a “prescribed means” of service for the purpose of s 221 – see Pat Regs 22.10(5))
- A proceeding under the Trade Marks Act may be served upon the recorded Address for Service in accordance with s 215 of the Trade Marks Act. (NB: Service by post is a “prescribed means” of service for the purpose of s 215 – see TM Regs 21.7A)
The amendments appear to extend the existing service provisions so that they now apply to appellate jurisdiction proceedings (in addition to original jurisdiction proceedings against the owner of a TM/Patent).
Full details of the Amendment Rules can be found here: https://www.legislation.gov.au/F2024L00626/asmade/text
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