Court

Theoutcome was that the hearing has been Adjourned-Pre-Hearing with thefollowing Order applied:

Subsection35A(5)of theFederalCourt of Australia Act 1976(theAct)provides that a party to proceedings in which a Registrar hasexercised any of the powers of the Court under subsection 35A(1)of the Act may, within
thetime prescribed by the Rules of Court, or within any further timeallowed in accordance with the Rules of Court, apply to the Court toreview that exercise of power.

Rule3.11provides that a party may apply to the Court under subsection 35A(5)of the Act for review of the exercise of a power of the Court by aRegistrar and that any application must be made within 21 days afterthe day on which the power was exercised. A party seeking a reviewcan apply to the Court to dispense with any requirement of the Rules(Rule1.34).

The following is acopy of what is being applied:

FEDERAL COURT OFAUSTRALIA ACT 1976 - SECT 35A

Powers of Registrars

(1) Subject to subsection (2), the following powers of the Court may, ifthe Court or a Judge so directs, be exercised by a Registrar:

(a) the power to dispense with the service of any process of theCourt;

(b) the power to make orders in relation to substituted service;

(c) the power to make orders in relation to discovery, inspectionand production of documents in the possession, power or custody of aparty to proceedings in the Court or of any other person;

(d) the power to make orders in relation to interrogatories;

(e) the power, in proceedings in the Court, to make an orderadjourning the hearing of the proceedings;

(f) the power to make an order as to costs;

(g) the power to make an order exempting a party to proceedings inthe Court from compliance with a provision of the Rules of Court;

(h) a power of the Court prescribed by Rules of Court.

(5) A partyto proceedings in which a Registrar has exercised any of the powersof the Court under subsection (1) may, within the time prescribed bythe Rules of Court, or within any further time allowed in accordancewith the Rules of Court, apply to the Court to review that exerciseof power.

3.11 Noticeof particulars in support of mental impairment

If an accused wants to give the prosecutor a notice of particulars ofa mental impairment under paragraph 23CD(2)(b) of the Act, theaccused must:

(a) file a notice in accordance with Form CP19; and

(b) serve a stamped copy of the notice on the prosecutor.

Note: Thenotice must be given to the prosecutor as soon as practicable afterthe accused’s first pre-trial hearing—see subsection 23CD(2) ofthe Act.

1.34Service of exhibits and annexures

Copies of any documents exhibited orannexed to an affidavit must be served with the affidavit.