Schedule 1 — Discovery

Federal Court of Australia Act 1976

1  Section 4 (at the end of the definition of proceeding )

Add:

Example:    Discovery is an example of an incidental proceeding.

2  After paragraph 43(3)(g)

Insert:

                   ; (h)  do any of the following in proceedings in relation to discovery:

                              (i)  order the party requesting discovery to pay in advance for some or all of the estimated costs of discovery;

                             (ii)  order the party requesting discovery to give security for the payment of the cost of discovery;

                            (iii)  make an order specifying the maximum cost that may be recovered for giving discovery or taking inspection.

3  At the end of section 46

Add:

Note:          Proceedings include incidental proceedings, such as discovery (see the definition of proceeding in section 4).

4  Application of amendments

The amendments of the Federal Court of Australia Act 1976 made by this Schedule apply in relation to proceedings in the Federal Court of Australia:

                     (a)  that are instituted in, or transferred to, that court on or after the commencement of this Schedule; or

                     (b)  that are pending in that court immediately before that commencement.