Notice of proceeding transferred from other Courts (Form 49)

When another court orders that a proceeding be transferred to the Federal Court, rule 27.23 of the Federal Court Rules 2011 requires the party who applied for the transfer to file a copy of the order in the District Registry named in the order or, if none is named, the District Registry of the State or Territory where the order was made. A Registrar then attaches a notice in accordance with Form 49 (r 27.23(2)). The notice tells each party that the proceeding has been transferred, gives the time, date and place of the first hearing, warns that orders may be made in a party's absence, and requires a notice of address for service (Form 10) unless one was already filed in the other court. From then on the Rules apply as if the proceeding had started in the Federal Court (r 27.23(4)).

When you need it

• A court, for example the Federal Circuit and Family Court of Australia, has ordered that a proceeding be transferred to the Federal Court.
• You applied for the transfer and now need to file the order and serve it with the Registrar's Form 49 notice.
• You are a party who has received a sealed order and Form 49 notice and want to know what to do next.

1. 1

   Know who completes it

   Form 49 is issued by the Registry, not drafted by a party. The Registrar inserts the hearing time and date and signs it.

2. 2

   Heading and parties

   The notice uses the Federal Court heading (District Registry, Division and parties). The Registrar allots a Federal Court file number to the transferred proceeding.

3. 3

   Name the transferring court

   The notice names the court that made the transfer order, which accompanies the notice.

4. 4

   Hearing details

   The Registry inserts the time, date and place of the first hearing. Check these carefully when you receive the sealed notice.

• The party who applied for the transfer files a copy of the transfer order in the correct District Registry (r 27.23(1)).
• That party must serve a sealed copy of the order and the attached Form 49 notice on each party to the proceeding in the other court, at their address for service or, if they have none, personally (r 27.23(3)).
• As soon as practicable after service, and before taking any further step, that party must apply to the Court for directions about the further conduct of the proceeding (r 27.23(5)).
• Each party must file a notice of address for service (Form 10) before attending or taking any other step, unless it already filed one in the other court, as the notice states.

• Do not ignore the hearing date in the notice. The Court may make orders in the absence of a party who does not attend.
• Use the new Federal Court file number on every document filed after the transfer.
• The current Form 49 header still cites rule 27.13(2), which has been repealed; the operative rule is now rule 27.23.