RULES OF THE FEDERAL COURT 1995

IN exercise of the powers conferred by section 17 of the Courts of Judicature Act 1964 and with the consent of the Chief Justice, the Rules Committee makes the following rules:

CHAPTER ONE
PRELIMINARY AND GENERAL

1 Citation and commencement
These rules shall be cited as the Rules of the Federal Court 1995 and shall be deemed to have come into force on 24 June 1994.

[Back to Top]

2 Interpretation
In these Rules, unless the context otherwise require -

�appellant� means a person desiring of appealing from a decision of the Court of Appeal to the Federal Court and includes a person who has been convicted for a criminal offence in the High Court and who by any written law is entitled to appeal to the Federal Court�

�Constitution� means the Constitution of Malaysia;

�Court� means the Federal Court and includes a Judge of that Court;

�file� means a file in the Registry of the Federal Court in Kuala Lumpur;

�Government" means the Government of Malaysia or the Government of any State in Malaysia or any one or more of them, as circumstances may require;

"Judge" means a Judge of the Federal Court;

�public holiday" Means any day which is declared by law to be a public holiday in any of the States of Malaysia or in the Federal Territory;

"Public Prosecutor" means the Attorney General of Malaysia;

"Registrar" means the Registrar of the Federal Court and shall include a Deputy Registrar and any Senior Assistant Registrar of the Federal Court;

"Registry of the Court of Appeal" in relation to any particular appeal means the Registry of the Court of Appeal against the decision of which the said appeal is brought or proposed to be brought and where such Registry comprises more than one branch registry (by whatever name called) means the branch registry in which the proceedings in question of the said Court of appeal have been held immediately prior to the giving of notice of appeal;

"Registry" means the Registry of the Federal Court at Kuala Lumpur;

"Solicitor" means-

[Back to Top]

(a) in the case of the Government of Malaysia, the Attorney General;

(b) in the case of the Government of any State, the State Legal Adviser by whatever title he may be designated;

(c) in the case of any other party, any person who is entitled to practise as a legal practitioner in any Court in Malaysia;

"suit" means a suit between any of the States of the Federation or between the Federation and any State and includes any suit to which any party is joined by reason of holding any public office.

3 Application of the Rules of the High Court 1980, etc
Where no other provision is made by any written law or by these Rules, the procedure and practice in the Rules of the Court of Appeal 1994 and the Rules of the High Court 1980 shall apply mutatis mutandis.

CHAPTER TWO
ORIGINAL AND CONSULTATIVE JURISDICTION RULES

PART I
Form and Commencement of Proceedings

4 Form of proceedings
Save as otherwise provided by these Rules or by any other rules, all proceedings in the Court in respect of its original and consultative jurisdiction shall be by way of suit.

[Back to Top]

5 Commencement of suit
Every suit shall be commenced by a petition which shall be filed in the Registry at Kuala Lumpur.

6 Form of petition
The petition for the commencement of a suit shall be in Form I in the First Schedule to these Rules.

7 Contents of petition
The petition shall contain a statement in summary form of the material facts on which the petitioner relies and shall conclude by setting out the relief to which the petitioner considers he is entitled.

8 Verification of petition
A petitioner may at the time of filing his petition or at any time subsequent thereto file and serve on the respondent an affidayit verifying the contents of his petition.

9 Notice of petition
(1) The petitioner shall file a Notice of Petition and shall cause the same to be served on the respondent together with a copy of the petition and of the affidayit verifying it (if any),

(2) The Notice of Petition shall be in Form 2 in the First Schedule to these Rules.

PART II
Address for Service

[Back to Top]

10Address for Service
Every party to a suit shall as soon as practicable give notice to the Registrar and to every other party to the suit of an address for service.

PART III
Service

11 Service of notice of petition
Service of a Notice of Petition on any party may be affected by delivering a copy of the same sealed with the seal of the Court and signed by the Registrar to such party personally or by sending a copy so sealed and signed by AR registered letter addressed to such party.

12 Service of other documents
Service of any document other than a Notice of Petition may be affected by delivering a copy of the same at the address for service of the party to be served or by sending a copy of the same by AR registered letter addressed to such address for service.

13 Date of service
(1) The date of service by personal service shall be the date on which such service was effected.

(2) The date of service by AR registered letter shall be the date of receipt of such letter by the party to be served or any person purporting to act on his behalf.

14 Proof of service
(1) In the case of personal service an affidayit by the person effecting such service shall be sufficient proof of service and of the date thereof.

(2) In the case of service by AR registered letter the production of the AR card shall be sufficient proof of service and of the date thereof.

[Back to Top]

PART IV
Appearance

15 Place and time for entering appearance
The respondent to any petition shall enter an appearance thereto in the Registry at Kuala Lumpur within fourteen days of service upon him of the Notice of Petition.

16 Mode of entering appearance
Appearance to a petition may be entered in accordance with the provisions of Order 12 of the Rules of the High Court 1980.

17 Default of appearance
(1) In any suit where the party served with the Notice of Petition does not appear within the time limited for appearance upon proof of service in accordance with these Rules the suit may proceed as if such party had appeared.

(2) In default of appearance by any party within the time limited therefor, any document requiring to be delivered to him shall be deemed to have been delivered if a copy thereof is filed with the proper officer bearing a note "Delivered to..... by filing in Court this .... day of...... and signed by the party delivering the same or his solicitor.

PART V
Defence

18 Statement of defence
Within fourteen days of entering appearance, or within such longer time as may be agreed upon by the parties, the respondent shall file in the Registry at Kuala Lumpur and shall serve upon the petitioner a written statement of defence.

[Back to Top]

19 Contents of statement of defence
The statement of defence shall-

(a) mention every statement of fact contained in the petition and state whether the same is admitted or denied or not admitted;

(b) set out concisely any facts upon which the respondent relies;

(e) state concisely the grounds on which the respondent opposes the petition.

PART VI
Summons for Directions

20 Rules of the High Court 1980
Order 25 of the Rules of the High Court 1980 shall apply.

21 Directions
On the hearing of the summons for directions the Judge may on the application of any party make such orders regarding the following matters as he considers to be in the interest of justice and desirable to ensure the speedy and economical decision of the matters in dispute between the parties:

(a) joinder of other parties;
(b) delivery of a reply to the statement of defence;
(c) discovery of documents and inspection of documents;
(d) delivery of further and better particulars;

[Back to Top]

(e) interrogatories;
(f) mode of proof of any facts in dispute;
(g) date of trial.

22 No other applications
When the summons for directions has been disposed of, no application may be made by any party which could have been made on the summons for directions save with special leave of a Judge.

PART VII
Demurrer

23 Demurrer
(1) Where by his statement of defence the respondent has raised any point of law and in the opinion of the Judge the decision of such point of law will substantially dispose of the whole petition or any distinct portion thereof the Judge may, on the application of either party, make an order in such terms as he thinks just for the trial of such point of law in accordance with rule 29 and may adjourn indefinitely any other applications before him.

(2) On the trial by the Court of such point of law as is mentioned herein the Court may dismiss the petition or make such other order as may be just.

PART VIII
Trial

24 Mode of trial
The mode of trial shall be by three Judges or by such greater uneven number of Judges as the Chief Justice may direct.

[Back to Top]

25 Place of trial
The place of trial shall be such place as the Chief Justice may direct.

26 Time of trial
The time of trial shall be such time as the Chief Justice may direct.

PART IX
Evidence

27 Evidence to be by affidayit
Subject to the provision of rule 29, all evidence in proceedings under these Rules shall be by affidayit.

28 Rules as to affidayits
The provisions of the Rules of the High Court 1980 shall apply to all affidayits used in evidence under these Rules.

29 Other evidence
The Court or a Judge may order that in any particular case either generally or in respect of any specified matter evidence may be given in such manner otherwise than by affidayit ,is may he specified.

PART X
Application for Leave

[Back to Top]

30 Application under Article 4 (4) of the Constitution
An application under Article 4 (4) of the Constitution for leave to commence proceedings shall be made in accordance with Chapter III of these Rules.

PART XI
Special Constitutional Case

31 Reference by subordinate court
(1) Where in any proceedings in any court subordinate to a High Court a question rises as to the effect of any provision of the Constitution the presiding officer of such Court shall forthwith stay the proceedings and shall send the record thereof the Registrar of the High Court.

(2) On the receipt of any record of proceedings under this rule the Registrar of the High Court shall lay the same before a Judge of the High Court.

(3) On consideration of any record of proceedings as is herein mentioned where a Judge considers that the decision of a question as to the effect of any provision of the Constitution is necessary for the determination of such proceedings the Judge shall deal with the case as if it were a case before him in the original jurisdiction of the High Court in which such a question has arisen.

32 Reference by High Court
(1) Where in any proceedings in any High Court a question arises as to the effect of any provision of the Constitution the Judge hearing such proceedings may make an order on such terms as may be just staying such proceedings to await the decision of such question by the Federal Court.

(2) An order staying proceedings under this rule may be made by the Judge of his own motion or on the application of any party and shall be made at such stage of the proceedings as the Judge may consider most suitable having regard to the decision of such questions of fact as may be necessary to be settled to assist the Federal Court in deciding the question which has arisen and to the speedy and economical final disposal of the proceedings.

[Back to Top]

33 Special case
(1) Where an order for stay of proceedings has been made under 32 the Judge shall state the question which in his opinion has arisen as to the effect of the Constitution in the form of a special case for the opinion of the Federal Court.

(2) The question which has arisen shall be stated in a form which shall permit of an answer being given in the affirmative or the negative.

(3) Every special case stated under the Rule shall be divided into paragraphs and shall concisely state such facts and shall include such documents as may be necessary to enable the Court to decide the question raised thereby and shall he signed by the Judge.

34 Delivery of special case
(1) A special case stated under rule 34 shall be delivered to the plaintiff.

(2) In relation to a criminal proceeding the Attorney General shall be deemed to be the plaintiff and the accused person shall be deemed to be a party other than the plaintiff.

35 Filing of special case
(1) Within fourteen days of delivery to him of a special case or within such longer time as the Federal Court may allow the plaintiff shall file the said special case together with as many copies thereof as may be necessary in the Registry of the Federal Court at Kuala Lumpur.

(2) At the time of filing the special case the plaintiff shall serve a copy thereof on every other party to the proceedings.

36 Mode of dealing with special case
(1) Where a special case has been filed it shall subject to the provisions ofthis rule be dealt with and regarded in all ways as an appeal to the Federal Court.

(2) The special case shall be treated as the record of appeal.

(3) The plaintiff in the proceedings in the High Court shall be treated is the appellant and all other parties as respondents.

[Back to Top]

(4) All steps required to be taken under Chapter III of these Rules prior to the filing of the record of Appeal shall be-deemed to have been taken.

(5) The judgement of the Court shall be in the form of an answer to the question set out in the special case.

37 Certification on special case
The Registrar shall deliver to the plaintiff and to every party a certificate of the judgment of the Court.

38 Proceedings in the High Court
(1) Any party may within fourteen days file in the Registry of the High Court in which the proceedings are pending the certificate of the judgment of the Court and the said High Court shall continue such proceedings and dispose of the same according to law.

(2) The High Court shall determine all questions and make all necessary orders regarding costs therein but no order for costs incurred in the Federal Court shall be made.

39 Agreement between parties
The parties to any proceedings in the course of which a special case has been stated may, if they think fit, enter into an agreement in writing, which shall not be subject to any stamp duty, that, on the judgment of the Court being given in the affirmative or negative of the questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the High Court, or in such manner as the High Court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the cause or matter; and the judgment of the High Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.

PART XII
Special Reference under Article 130 of the Constitution

40 Notice to Attorney General
(1) On the receipt by the Registrar of an order of the Yang di-Pertuan Agong under Article 130 of the Federal Constitution referring to the Court for its opinion a question as to the effect of a provision of the Constitution the Registrar shall give notice to the Attorney General to appear before a Judge of the Court on a day specified in the notice to take the directions of the Court regarding such order. The day so specified shall be called the "general return day".

[Back to Top]

(2) The Registrar shall cause to be published in the Federal Government Gazette an advertisement setting out the substance of the order of the Yang di-Pertuan Agong and of the notice given to the Attorney General.

41 Applicants to be joined
(1) Within fourteen days of the publication of an advertisement under rule 40 any person desiring to be heard as a party on the hearing of the matter therein mentioned may file a notice of motion applying accordingly.

(2) Every notice of motion under this rule shall be supported by a brief statement of the grounds on which the person making the same considers he should be heard and shall be served on the Attorney General.

(3) The Registrar shall require all persons who have given notice of motion under this rule to appear before a Judge on the general return day.

42 Directions
On the general return day the Judge shall determine all applications which have been made under rule 41 and shall give such directions as he shall consider necessary for the hearing of the reference.

43 Hearings
Subject to the provisions of this Part of these Rules the procedure on a reference which has been received under rule 41 shall follow as nearly as may be the procedure in proceedings before the Court in the exercise of its original jurisdiction.

44 Report
The Registrar shall report to the Yang di-Pertuan Agong the opinion of the Court on the question referred by His Majesty.

PART XIII
Costs

[Back to Top]

45 Costs
No party to any proceedings to which this Chapter applies shall be ordered to pay any costs.

PART XIV
Fees

46 Fees
(1) A fee of RM500 shall be paid on the filing of an application under rule 41 to be heard as a party on the hearing of a question referred to the Court by the Yang di-Pertuan Agong:

Provided that no such fee shall be paid by the Government of any State:

And provided further that where a person who has paid such fee is heard and the Court considers that it has thereby derived material assistance in deciding the question before it, the Court may make an order for the refund of such fee.

(2) Save as in this rule provided no fees shall be payable in respect of any proceedings under this Chapter.

CHAPTER THREE
CIVIL APPEALS

PART I
Appeal from the Court of Appeal

47 Appeal to be by notice
(1) An appeal to the Court shall be brought by giving notice of appeal.

(2) A notice of appeal shall substantially be in Form 3 in the First Schedule to these Rules.

(3) The notice of appeal shall state whether the whole or part only, and what part, of the judgment or order is complained of.

(4) The hearing of the appeal shall be confined to matters, issues or questions in respect of which leave to appeal has been granted.

[Back to Top]

48 Service of notice of appeal
Notice of appeal shall be served on all parties directly affected by the appeal or their solicitors respectively within the time limited for the filing of the notice of appeal. It shall not be necessary to serve pal-ties not so afflicted.

PART II
Notice and Memorandum of Appeal

49 Notice of cross-appeal
(1) Notice of cross appeal shall be substantially in Form 4 in the First Schedule to these Rules, and must be filed within the time limited by the Court, for filing the cross appeal.

(2) If the respondent fails to give such notice within the time limited, his cross-appeal may be dismissed.

50 Withdrawal of notice
(1) An appellant may at any time before his appeal is called on for hearing serve on the parties to the appeal a notice to the effect that he does not intend further to prosecute the said appeal.

(2) A copy of such notice shall at the same time be filed by the appellant in the Registry of the Court of Appeal and one copy shall be sent to the Registrar of the Court.

(3) If all parties to the appeal consent to the intended withdrawal of the appeal, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their solicitors, and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar. In such event any sum lodged in Court as security for the cost of the appeal shall be paid out to the appellant.

(4) If all the parties do not consent to the intended withdrawal of the appeal, the appeal shall remain on the list, and shall come on for the hearing of an issue as to costs or otherwise outstanding between tile parties, and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of the appeal.

51 Notice of cross-appeal by respondent where notice of appeal withdrawn or appeal not entered
(1) Where an appeal is withdrawn under the preceding Rules or where an appeal is not entered within the time limited, any respondent who has given notice of cross-appeal may proceed therewith.

(2) Where a respondent intends to withdraw his cross-appeal, the provisions of rule 50 shall apply to him mutatis-mutandis.

[Back to Top]

52 Stay of proceedings on appeal
An appeal shall not operate as a stay of execution of proceedings under the decision appealed from unless the Court of Appeal or the Court so orders and no intermediate act or proceeding shall be invalidated except so far as the Court may direct.

53 Application which may be made either to Court of Appeal or Court to be made first to Court of Appeal
Whenever application maybe either to Court of Appeal or to the Court, it shall be made in the first instance to the Court of Appeal.

54 Interest
On any appeal, interest, for such time as execution has been delayed by the appeal, shall be allowed, unless the Court otherwise orders, and the Registrar may compute such interest without any order for that purpose.

55 Leave to appeal
Where appeal of the Federal Court to appeal is required, the application for such leave, shall be made in accordance with the provisions of Chapter Five.

56 Entry of appeal

(1) Notice of appeal may be given by filing within the time limited for bringing the appeal six copies of the Notice of Appeal in the Registry of the Court of Appeal and a copy in the Registry, and by paying the prescribed fee and by lodging in Court at the same time the sum of RM500 as security for the costs of the appeal:

Provided that the Court may at any time, in any case where it thinks fit, order further security for costs to be given, and may order security to be given for the payment of past costs relating to the matters in question in the appeal:

Provided further that no deposit by way of security of costs shall be require d if the appeal is brought by the Government of Malaysia or any State Government.

(2) A list of appeals of which notice has been filed herein shall be kept in the Registry of the Court of Appeal and a copy thereof shall be kept by the Registrar at Kuala Lumpur.

[Back to Top]

(3) The Registrar of the Court of Appeal shall on receiving six copies o the notice of appeal and the prescribed fee and on the security required by paragraph (1) of this rule being lodged in Court enter the appeal in the list of appeals, stating therein the title of the cause or matter, the name of the appellant and his solicitors, if any, and the date of such entry, and shall inform the Registrar of such entry.

(4) The Registrar shall on receipt of information of the entry of an appeal enter the like particulars in the consolidated list of appeals and shall allocate a number to the appeal and shall inform the appellant�s solicitor and the Registrar of the Court of Appeal who entered the appeal of the number so allocated which shall thenceforth form part of the title of the appeal.

57 Memorandum of appeal
(1) Subject to rule 47(4) of these Rules, the appellant shall prepare a memorandum of appeal setting forth concisely and under distinct heads, without argument or narrative, the grounds of objection to the decision appealed against, any specifying the points of law or fact which are alleged to have been wrongly decided, such grounds to be numbered consecutively.

(2) The appellant shall not at the hearing without the leave of the Court put forward any other ground of objection, but the Court in deciding the appeal shall not be confined to the grounds set forth by the appellant.

(3) The memorandum of appeal shall be substantially in Form 5 in the First Schedule to these Rules.

(4) The appellant shall attach to such memorandum a copy of:-

(a) the order made by the Court granting leave to appeal-,

(b) the Notice of Appeal;

(d) the record of appeal filed in the Court of Appeal; and

(e) the grounds of judgment of the Court of Appeal.

[Back to Top]

(5) The memorandum of appeal and the copies of the documents specified in paragraph (4) must be clear and legible. The Registrar may reject any memorandum and the copies of the said documents, if in his opinion they are not clear and legible.

(6) The memorandum and copies above referred to, which, together shall be called the record of appeal, shall be Filed at the Registry within six weeks after the entry of the appeal or within such further time as the Court may allow.

(7) Sufficient copies of the record of appeal for the use of the Judges of the Court shall be sent to the Registrar when the record of appeal is filed.

(8) The appellant shall within the time limited for the filing of the record serve a copy thereof on each party who has been served with the notice of appeal.

(9) The appellant shall, when filing his record of appeal in the Registry, submit to the Registrar a chronology of events which had taken place from the date the action or the application was Filed in the High Court to the date of filing of the record of appeal in the Registry.

58 Failure to file record
(1) Where an appellant omits to comply with rule 57 any respondent who has given notice of cross-appeal may proceed with his cross-appeal.

(2) In any such case the respondent shall, as soon as practicable, or within such time as may be allowed by the Court, file a record of appeal, as is prescribed by rule 57, together with copies thereof for the use of the Judges of the Court, and shall serve copies thereof on the appellant and any other parties to the appeal.

59 Court may direct service of notice on person not served
When an appeal is called on for hearing, or at any previous time on the application of any person interested, the Court may direct that the record of appeal, or any notice of cross-appeal, be served on any party to the cause or matter who has not been served therewith, or on any other person not already a party to the cause or matter, and may, for the purpose of such service, adjourn the hearing upon such terms as are just, and may give such judgment and make such order as might have been given or made if the parties served with such record or notice had been originally parties.

60 Amendments
(1) The Court may at any time allow amendment of any notice of appeal, or notice of cross-appeal, or memorandum of appeal, or other part of the record of appeal on such terms as it thinks fit.

[Back to Top]

(2) If the memorandum of appeal is not drawn up in the prescribed manner, the appeal may be dismissed.

(3) If any part of the record of appeal is not filed, orany copy thereof is not supplied, within the prescribed time, arid no sufficient ground is shown for the delay, the appeal may be dismissed.

61 Urgent appeals
Any party filing a notice of appeal may in the case of urgency apply in writing to the Chief Justice who if satisfied that it is a proper case for an urgent hearing, may order the appeal to be heard it the earliest time convenient to the Court.

62 Appellant not appearing
(1) If, on any day fixed for the hearing of an appeal, the appellant does not appear in person or by a solicitor, the appeal may be dismissed.

(2) If the appellant appears, and any respondent fails to appear, either in person or by a solicitor, the appeal shall proceed in the absence of such respondent, unless the Court for any sufficient reason sees fit to adjourn the hearing thereof.

(3) Where any appeal is dismissed or allowed under the provisions of paragraph (1) or (2) of this rule the party who was absent may apply to the Court for the re-hearing of the appeal and where it is satisfied that there was sufficient reason for the absence of such party the Court may order that the appeal be restored for hearing upon such terms as to costs or otherwise as it thinks fit.

(4) The provisions of this rule shall apply mutatis mutandis to the hearing of any cross-appeal.

63 Pronouncement of judgment
(1) The judgment of the Court shall be pronounced in open Court, either on the hearing of the appeal or at any subsequent time, of which notice shall be given by the Registrar to the parties to the appeal.

[Back to Top]

(2) Such judgment may be pronounced notwithstanding the absence of the Judges who composed the Court or any of them, and the judgment of any Judge not present may be read by a Judge of the Court or by the Registrar.

64 Certificate of grounds of judgment
On the application of any person who has within the time limited given notice of appeal against any judgment or order, the Court of Appeal shall, unless the judgment was written, certify in writing the grounds of such judgment or order; but delay or failure so to certify shall not prevent the appellant from proceeding with his appeal.

65 Poor persons
Any provisions of law, relating to proceedings by poor persons and the representation of poor persons by solicitors, applicable in the Court of Appeal shall apply, as nearly as may be, to proceedings in the Court.

PART III
Applications

66 Applications to Court
(1) All applications to the Court shall unless otherwise provided be made by motion and shall be heard in open Court.

(2) A notice of motion shall be substantially in Form 6 in the First Schedule to these Rules.

(3) Notice of motion shall be served on the parties concerned not less than seven days before the return day, unless the Court otherwise orders. Applications for leave to give shorter notice may be made by motion ex parte.

(4) Affidavit may be filed, read and used in like manner as upon a motion in the High Court.

67 Applications
(1) All applications to the Court in pending appeals shall contain in the heading the appeal number allocated pursuant to rule 56 and shall not require any application number.

[Back to Top]

(2) All applications to the Court (otherwise than in pending appeals) shall be allocated a number by the Registrar.

(3)All applications shall be made by filing seven copies of the notice of motion and of every affidavit intended to be used in support thereof, unless the application is made to a single Judge of the Court in which case two copies only need be filed. The said documents shall be filed in the Registry of the Federal Court. Copies of such application and affidavits shall immediately be sent to all necessary parties. The Registrar shall follow a procedure similar so far as possible to the procedure relating to the entry of appeals. On receipt from the Registrar of information regarding the number of the application and the place and date of hearing, the applicant's solicitor shall immediately inform the respondents to the application or their solicitors.

(4) At the time of filing any application the appellant's solicitor may file a written statement to the effect that the application is urgent and showing the grounds of such urgency and that the respondents have agreed to the application being heard by the Court or if they have not agreed, that he has requested them to do so and that they have refused. Whereupon the Registrar if he considers that a prima facie case of urgency has been made out shall call upon the respondents to attend and show cause why the application should not be heard, and shall transmit the applicant's statement and the replies of respondents to the Chief Justice who may fix the date and place of hearing the application but may require the applicant to give security for the respondents' costs of the application.

68 Certificate of final decision of the Court
The Registrar shall send to the Registrar of the Court of Appeal and of the appropriate High Court a certificate of every final decision or order of the Court.

PART IV
Address for Service, and Service

69 Rules of the High Court 1980
Except as otherwise provided, the provisions of the Rules of the High Court 1980 as to address for service and service shall mutatis mutandis apply to any appeal or proposed appeal to the Federal Court.

PART V
Change of Parties by Death, etc

[Back to Top]

70 Action not abated where cause of action continues
An appeal shall not become abated by reason alone of the death, or bankruptcy of any of the parties or by the assignment, creation or devolution of any estate or title pendente lite.

71 Order to carry on proceedings
Where by reason of death or bankruptcy, or any other event occurring after the commencement of an appeal, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the appeal, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court or Judge, upon an allegation of such change, or transmission of interest or liability, or of any such person interested having come into existence.

72 Service of order to continue action
An order obtained as in the last preceding rule mentioned shall, unless the Court or Judge shall otherwise direct, be served upon the continuing party or parties, or their solicitors, and also upon each such new party, unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to the next two following rules, be binding on the person served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons.

73 Application to discharge order by person under no disability or having a guardian
When any person who is under no disability or under no disability other than coverture, or being under any disability other than coverture but having a guardian ad litem in the cause or matter, shall be served with such order as in rule 71 mentioned, such person may apply to the Court or a Judge to discharge or vary such order at any time within twelve days from the service thereof.

74 By person under disability having no guardian
Where any person being under any disability other than coverture, and not having a guardian ad litem in the cause or matter, is served with any order as in rule 71 mentioned, such person may apply to the Court or a Judge to discharge or vary such order at any time within twelve days from the appointment of a guardian ad litem for such party, and until such period of twelve days shall have expired such order shall have no force or affect as against such last mentioned person.