23 December 2009: New versions of Practice Note CM 9 – Freezing Orders and Practice Note CM 11 – Search Orders
The Chief Justice has issued new versions of:
• Practice Note CM 9 – Freezing Orders
• Practice Note CM 11 – Search Orders.
The practice notes will commence on 1 January 2010.
The new practice notes adopt changes recommended by the Council of Chief Justices’ Harmonised Search Orders and Freezing Orders Committee. These changes are consequential upon the introduction of s128A of the Evidence Act 1995 (Cth), Evidence Act 1995 (NSW) and the Evidence Act 2008 (Vic). Section 128A provides that the privilege against self-incrimination under s128 of the Act applies to disclosure orders in civil proceedings in connection with a freezing or search order. In particular, changes have been made to:
• paragraph 14 of Practice Note CM 9 and paragraph 9 of the example form of Freezing Order attached to it; and
• paragraph 22 of Practice Note CM 11 and paragraphs 21 and 24 of the example form of Search Order attached to it.
A copy of each Practice Note is available from the Federal Court’s web site at http://www.fedcourt.gov.au/how/practice_notes.html.
8 December 2009: Practice Note ARB 1 - Proceedings under the International Arbitration Act 1974
The Chief Justice has issued Practice Note ARB 1 - Proceedings under the International Arbitration Act 1974.
On 7 December 2009 the International Arbitration Act 1974 (Cth) (‘the Act’) was amended to give the Court jurisdiction in relation to:
(a) the enforcement of a foreign award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
(b) applications under article 6 of the UNCITRAL Model Law on International Commercial Arbitration (‘Model Law’) for orders concerning:
(i) the appointment and termination of an arbitrator (articles 11 and 14 of the Model Law)
(ii) challenges against an arbitrator on the basis that the arbitrator lacks impartiality or independence or the necessary qualifications (article 13)
(iii) whether an arbitral tribunal has jurisdiction to deal with the issues before the tribunal (article 16)
(iv) the setting aside of an arbitral award (article 34)
(c) the enforcement of an award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
The Court also has jurisdiction under the Act to deal with applications for an order to stay a proceeding or part of a proceeding that is before the Court and which involves the determination of a matter that is capable of settlement by arbitration pursuant to an arbitration agreement between the parties.
The Practice Note sets out the arrangements for proceedings before the Court in which orders are sought under the Act. These arrangements include the appointment in each registry of an Arbitration Coordinating Judge who has general responsibility for the management of matters under the Act.
A copy of the Practice Note and the list of Arbitration Coordinating Judges is available from the Federal Court’s web site at http://www.fedcourt.gov.au/how/practice_notes_arb1.html.
Memorandum from Federal Magistrates Court of Australia - Re: Revised Notice to Practitioners - Conduct of Admiralty and Maritime Work in the Federal Magistrates Court of Australia
Notice to Practitioners - Conduct of Admiralty and Maritime Work in the Federal Magistrates Court of Australia