Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

This Act binds the Crown in each of its capacities.

This Act does not make the Crown liable to be prosecuted for an offence.

A Judge is to be appointed by the Governor-General by commission.

A person is not to be appointed as a Judge unless:

A person must not be appointed as a Judge if the person has attained the age of 70 years.

The appointment of a Judge (including by way of promotion or to another judicial office) is to be for a term expiring upon the Judge attaining the age of 70 years.

The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:

In deciding whether to consent as mentioned in paragraph (1)(a), the Chief Justice has the same protection and immunity as if the Chief Justice were making that decision as, or as a member of, the Federal Circuit and Family Court of Australia (Division 1).

(3) Despite Judiciary Act 1903, the Federal Court does not have jurisdiction with respect to a matter relating to the exercise by the Minister or the Chief Justice of the power to consent as mentioned in paragraph (1)(a).section 39B of the

The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:

In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.

The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.

If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

(1) The Chief Justice is to be styled “the Honourable Chief Justice (name) of the Federal Circuit and Family Court of Australia (Division 1)”.

Deputy Chief Justice

(2) The Deputy Chief Justice is to be styled “the Honourable Deputy Chief Justice (name) of the Federal Circuit and Family Court of Australia (Division 1)”.

Other Judges

A Judge (other than the Chief Justice or Deputy Chief Justice) is to be styled “the Honourable”.

Former Judges

A former Judge is to be styled “the Honourable”.

The order of seniority of the Judges of the Federal Circuit and Family Court of Australia (Division 1) is as follows:

If 2 or more commissions of appointment as Judge took effect on the same day, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.

Before proceeding to discharge the duties of office, a Judge must take:

The oaths or affirmations must be taken before:

This is the form of oath for the purposes of paragraph (1)(b):

I, , do swear that I will well and truly serve in the office of (Chief Justice, Deputy Chief Justice, Senior Judge or Judge, as the case may be) of the Federal Circuit and Family Court of Australia (Division 1) and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God!

Affirmation

This is the form of affirmation for the purposes of paragraph (1)(b):

I, , do solemnly and sincerely promise and declare that I will well and truly serve in the office of (Chief Justice, Deputy Chief Justice, Senior Judge or Judge, as the case may be) of the Federal Circuit and Family Court of Australia (Division 1) and that I will do right to all manner of people according to law without fear or favour, affection or ill-will.

A Full Court of the Federal Circuit and Family Court of Australia (Division 1) consists of 3 or more Judges sitting together or, to the extent allowed by subsection (2), of 2 Judges sitting together.

If, after a Full Court has started the hearing, or further hearing, of a proceeding and before the proceeding has been determined, one of the Judges constituting the Full Court dies, resigns the Judge’s office or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceeding, then the hearing and determination, or the determination, of the proceeding may be completed by a Full Court constituted by the remaining Judges, if:

A Full Court of the Federal Circuit and Family Court of Australia (Division 1) constituted in accordance with subsection (2) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted.

A Judge is to receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.

The salary and annual allowances of a Judge:

The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and annual allowances in accordance with this section.

A Judge may resign office by delivering a written resignation to the Governor-General.

The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

Nothing in this Act prevents the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) from being appointed to, and holding at the same time, the office of Chief Judge of the Federal Circuit and Family Court of Australia (Division 2).

Deputy Chief Justice

Nothing in this Act prevents the Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) from being appointed to, and holding at the same time, the office of the Deputy Chief Judge (Family Law) of the Federal Circuit and Family Court of Australia (Division 2).

Despite any provision of any other Act, a person may hold office at the one time as:

In this section:

prescribed court means:

If a person who holds office as a Judge of the Federal Circuit and Family Court of Australia (Division 1) is appointed or serves as a Judge of a Family Court of a State, the appointment or service does not affect:

A person:

The Deputy Chief Justice may act as Chief Justice:

The Minister may, by written instrument, appoint a Judge to act as the Chief Justice:

A person who is acting as Chief Justice is to be called Acting Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).

The Federal Circuit and Family Court of Australia (Division 1) has original jurisdiction:

Subject to such restrictions and conditions (if any) in:

Subject to section 28, the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to hear and determine appeals from:

An appeal must not be brought from a judgment referred to in subsection (1) if the judgment is:

Leave of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from:

An application for leave of the Federal Circuit and Family Court of Australia (Division 1) under subsection (1) is to be heard and determined by a single Judge unless the Chief Justice directs that the application be heard and determined by a Full Court.

Appeal from judgments of other courts

Leave of a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from:

The Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

The original jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by the Court constituted by a single Judge.

In a matter before, or coming before, the Federal Circuit and Family Court of Australia (Division 1), a Judge may give directions under subsection 69(1).

Subdivision B—Appellate jurisdiction (other than relating to courts of summary jurisdiction)

This Subdivision applies to the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a judgment of a court other than a court of summary jurisdiction of a State or Territory.

For the purposes of subsection (1), the following courts are not courts of summary jurisdiction:

Subject to this section, the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by:

Applications:

A single Judge (sitting in Chambers or in open court) or a Full Court of the Federal Circuit and Family Court of Australia (Division 1) may:

In subsection (3), a reference to an appeal includes a reference to an application of the kind mentioned in subsection (2).

An application for the exercise of a power mentioned in subsection (3) must be heard and determined by a single Judge unless:

The Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge may state any case or reserve any question concerning a matter (whether or not an appeal would lie from a judgment of the Judge to a Full Court of the Court on the matter) for the consideration of a Full Court and the Full Court has jurisdiction to hear and determine the case or question.

Rules of Court

The Rules of Court may make provision enabling matters of the kind mentioned in subsections (2) and (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.

Certain orders and directions not appellable

No appeal lies under this section from an order or direction of a kind mentioned in paragraph (3)(d) or (i) given by a single Judge or a Full Court of the Federal Circuit and Family Court of Australia (Division 1).

An appeal under subsection 26(1) may be dealt with by the Federal Circuit and Family Court of Australia (Division 1) without an oral hearing if the parties to the appeal consent to the appeal being dealt with in that way.

A consent given in relation to an appeal, as mentioned in subsection (1), may only be withdrawn with the leave of the Federal Circuit and Family Court of Australia (Division 1).

The following have effect:

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) under subsection (1):

Subject to any other Act, the Federal Circuit and Family Court of Australia (Division 1) may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the court stating the case or reserving the question.

A court referred to in subsection (1) must not state a case or reserve a question concerning a matter referred to in that subsection to a court other than the Federal Circuit and Family Court of Australia (Division 1).

Subject to any other Act, the Federal Circuit and Family Court of Australia (Division 1) may, in the exercise of its appellate jurisdiction:

If, in dismissing an appeal under subsection 26(1), the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form.

It is the duty of a court to which a cause is remitted in accordance with paragraph (1)(d) to execute the judgment of the Federal Circuit and Family Court of Australia (Division 1) in the same manner as if it were its own judgment.

The powers specified in subsection (1) may be exercised by the Federal Circuit and Family Court of Australia (Division 1) even if the notice of appeal asks that part only of the decision be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision.

An interlocutory judgment or order from which there has been no appeal does not operate to prevent the Federal Circuit and Family Court of Australia (Division 1), upon hearing an appeal, from giving such decision upon the appeal as is just.

If an appeal to the Federal Circuit and Family Court of Australia (Division 1) from another court has been instituted:

This section does not affect the operation of any provision made by or under any other Act or by the Rules of Court for or in relation to the stay of proceedings.

(1) This section deals with the application of this Subdivision in relation to the making, variation or revocation of a court security order under Part 4 of the Court Security Act 2013 by a member (as defined in that Act) of:

(2) This Subdivision applies as if the making, variation or revocation were a judgment of the member’s court in the exercise of original jurisdiction under the Family Law Act 1975.

However, if the member is a member of the Family Court of Western Australia because the member is a Family Law Magistrate of Western Australia, this Subdivision applies as if:

This Subdivision applies to the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a judgment of a court of summary jurisdiction of a State or Territory.

For the purposes of subsection (1), the following courts are not courts of summary jurisdiction:

The appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by the Court constituted by a single Judge.

In a matter before, or coming before, the Federal Circuit and Family Court of Australia (Division 1), a Judge may give directions under subsection 69(1).

Subdivision D—Miscellaneous

The Federal Circuit and Family Court of Australia (Division 1) has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) to punish a contempt of the Court committed in the face or hearing of the Court may be exercised by the Court as constituted at the time of the contempt.

The Federal Circuit and Family Court of Australia (Division 1) may give judgment for one party against another in relation to the whole or any part of a proceeding if:

The Federal Circuit and Family Court of Australia (Division 1) may give judgment for one party against another in relation to the whole or any part of a proceeding if:

For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:

This section does not limit any powers that the Federal Circuit and Family Court of Australia (Division 1) has apart from this section.

The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit and Family Court of Australia (Division 1).

In discharging the Chief Justice’s responsibility, the Chief Justice:

The Deputy Chief Justice is to assist the Chief Justice in the exercise of the functions conferred on the Chief Justice by this section (other than paragraph (2)(d) or (e)).

The Chief Justice may, if a complaint is made about another Judge of the Federal Circuit and Family Court of Australia (Division 1), deal with the complaint by doing either or both of the following in respect of the complaint:

The Chief Justice may authorise, in writing, a person or a body to do one or more of the following:

To avoid doubt, the Chief Justice may authorise under subsection (2):

In this section:

relevant belief: a person has a relevant belief in relation to a complaint about a Judge if:

In exercising the functions or powers mentioned in paragraph 47(2)(b), the Chief Justice has the same protection and immunity as if the Chief Justice were exercising those functions or powers as, or as a member of, the Federal Circuit and Family Court of Australia (Division 1).

In assisting in the exercise of the functions or powers mentioned in paragraph 47(2)(b), the Deputy Chief Justice has the same protection and immunity as if the Deputy Chief Justice were exercising those functions or powers as, or as a member of, the Federal Circuit and Family Court of Australia (Division 1).

(3) Despite Judiciary Act 1903, the Federal Court does not have jurisdiction with respect to a matter relating to:section 39B of the

In addition to the functions and powers conferred on the Chief Justice by this Chapter, the Chief Justice has such other functions and powers in relation to the Federal Circuit and Family Court of Australia (Division 1) as are specified in the regulations.

(1) Subject to this Chapter and the Family Law Act 1975, the practice and procedure of the Federal Circuit and Family Court of Australia (Division 1) is to be in accordance with:

(2) To the extent that the provisions mentioned in subsection (1) are insufficient, the Rules of the High Court apply, mutatis mutandis, so far as they are capable of applying and subject to any directions of the Federal Circuit and Family Court of Australia (Division 1) or a Judge, to the practice and procedure of the Federal Circuit and Family Court of Australia (Division 1).

This section does not apply in relation to proceedings that are transferred to the Federal Circuit and Family Court of Australia (Division 1) from the Federal Court.

(4) In this section, practice and procedure includes all matters with respect to which regulations under this Act, the Family Law Act 1975 or Rules of Court may be made.

If a document is required or permitted to be filed in the Federal Circuit and Family Court of Australia (Division 1):

The Rules of Court may provide that the requirements of subsection (1) are taken to have been met in relation to a document:

The Federal Circuit and Family Court of Australia (the Minister.Division 1) is to have a seal, and the design of the seal is to be determined by

The seal of the Federal Circuit and Family Court of Australia (Division 1) must be kept in such custody as the Chief Justice directs.

The seal of the Federal Circuit and Family Court of Australia (Division 1) must be affixed to documents as provided by this or any other Act or by the Rules of Court.

(1) There are to be one or more Federal Circuit and Family Court of Australia (Federal Circuit and Family Court of Australia (Division 1) stamp is a stamp the design of which is, as nearly as practicable, the same as the design of the seal of the Federal Circuit and Family Court of Australia (Division 1).Division 1) stamps. For this purpose, a

A document or a copy of a document marked with a Federal Circuit and Family Court of Australia (Division 1) stamp is as valid and effectual as if it had been sealed with a seal of the Federal Circuit and Family Court of Australia (Division 1).

A Federal Circuit and Family Court of Australia (Division 1) stamp must be affixed to documents as provided by this or any other Act or by the Rules of Court.

All writs, commissions and process issued from the Federal Circuit and Family Court of Australia (Division 1) must be:

Subsection (1) does not apply to writs, commissions and process signed and issued in accordance with an arrangement under section 79.

To avoid doubt, subsection (1) does not apply to an order of the Federal Circuit and Family Court of Australia (Division 1).

Proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 1) by way of application without the need for pleadings.

Subsection (1) has effect subject to the Rules of Court.

The Federal Circuit and Family Court of Australia (Division 1) or a Judge may give directions about limiting the length of documents required or permitted to be filed in the Court.

Subsection (1) has effect subject to the Rules of Court.

Proceedings in the Federal Circuit and Family Court of Australia (Division 1) are not invalidated by a formal defect or an irregularity, unless the Court is of the opinion that:

The Federal Circuit and Family Court of Australia (Division 1) or a Judge may, on such conditions (if any) as the Court or Judge thinks fit, make an order declaring that the proceeding is not invalid:

The overarching purpose of the civil practice and procedure provisions, in relation to the Federal Circuit and Family Court of Australia (Division 1), is to facilitate the just resolution of disputes:

Without limiting subsection (1), the overarching purpose includes the following objectives:

The civil practice and procedure provisions, in relation to the Federal Circuit and Family Court of Australia (Division 1), must be interpreted and applied, and any power conferred or duty imposed by them (including the power to make Rules of Court) must be exercised or carried out, in the way that best promotes the overarching purpose.

(4) The civil practice and procedure provisions, in relation to the Federal Circuit and Family Court of Australia (Division 1), are the following, so far as they apply in relation to civil proceedings:

The parties to a civil proceeding before the Federal Circuit and Family Court of Australia (Division 1) must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose.

A party’s lawyer must, in the conduct of a civil proceeding before the Federal Circuit and Family Court of Australia (Division 1) (including negotiations for settlement) on the party’s behalf:

The Federal Circuit and Family Court of Australia (Division 1) or a Judge may, for the purpose of enabling a party to comply with the duty imposed by subsection (1), require the party’s lawyer to give the party an estimate of:

In exercising the discretion to award costs in a civil proceeding, the Federal Circuit and Family Court of Australia (Division 1) or a Judge must take account of any failure to comply with the duty imposed by subsection (1) or (2).

Without limiting the exercise of that discretion, the Federal Circuit and Family Court of Australia (Division 1) or a Judge may order a party’s lawyer to bear costs personally.

If the Federal Circuit and Family Court of Australia (Division 1) or a Judge orders a lawyer to bear costs personally because of a failure to comply with the duty imposed by subsection (2), the lawyer must not recover the costs from the lawyer’s client.

The Federal Circuit and Family Court of Australia (Division 1) or a Judge may give directions about the practice and procedure to be followed in relation to a civil proceeding, or any part of a civil proceeding, before the Court.

Without limiting subsection (1), a direction may:

If a party fails to comply with a direction given by the Federal Circuit and Family Court of Australia (Division 1) or a Judge under subsection (1), the Court or Judge may make such order or direction as the Court or Judge thinks appropriate.

In particular, the Federal Circuit and Family Court of Australia (Division 1) or Judge may do any of the following:

Subsections (3) and (4) do not affect any power that the Federal Circuit and Family Court of Australia (Division 1) or a Judge has apart from those subsections to deal with a party’s failure to comply with a direction.

A Judge may require and administer all necessary oaths and affirmations for the purposes of the Federal Circuit and Family Court of Australia (Division 1).

A Judge may cause to be administered all necessary oaths and affirmations for the purposes of the Federal Circuit and Family Court of Australia (Division 1). For this purpose, the Court may, either orally or in writing, authorise any person (whether in or outside Australia) to administer oaths and affirmations.

The Chief Executive Officer may, in writing, authorise:

An affidavit to be used in a proceeding in the Federal Circuit and Family Court of Australia (Division 1) may be sworn or affirmed in Australia before:

An affidavit to be used in a proceeding in the Federal Circuit and Family Court of Australia (Division 1) may be sworn or affirmed at a place outside Australia before:

An affidavit sworn or affirmed outside Australia otherwise than before a person referred to in subsection (2) may be used in a proceeding in the Federal Circuit and Family Court of Australia (Division 1) in circumstances provided by the Rules of Court.

If:

If:

The Judges, or a majority of them, may make Rules of Court:

Proposed Rules of Court are not to be made if the Chief Justice considers they are not consistent with the aim mentioned in paragraph 75(a) (ensuring common rules of court and forms).

The Rules of Court may make provision for:

Rules of Court have effect subject to any provision made by another Act, or by rules or regulations under another Act, with respect to the practice and procedure in particular matters.

(4) The Legislation Act 2003 (other than sections 8, 9, 10 and 16 and Part 4 of Chapter 3 of that Act) applies in relation to Rules of Court made by Judges under this Chapter or another Act (other than the Family Law Act 1975):

(5) Despite the fact that Legislation Act 2003 does not apply to Rules of Court made by Judges under this Chapter or another Act, the Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970) may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.section 16 of the

The Chief Justice is responsible for managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1).

(2) The administrative affairs of the Federal Circuit and Family Court of Australia (Division 1) do not include the corporate services of the Court.

(3) The following matters relating to the Federal Circuit and Family Court of Australia (corporate services of the Court:Division 1) are the

For the purpose referred to in subsection (1), the Chief Justice has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:

The powers given to the Chief Justice by subsection (4) are in addition to any powers given to the Chief Justice by any other provision of this Act or by any other Act.

Subsection (4) does not authorise the Chief Justice to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding:

The Minister may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (3)(m)).

The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Federal Circuit and Family Court of Australia (Division 1) any or all of the following functions:

If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Federal Circuit and Family Court of Australia (Division 1), the officer may perform that function despite:

A function performed on behalf of the Federal Circuit and Family Court of Australia (Division 1) in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.

The Chief Justice may arrange with the chief executive officer (however described) of:

If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Federal Circuit and Family Court of Australia (Division 1), the employee may perform that function despite:

A function performed on behalf of the Federal Circuit and Family Court of Australia (Division 1) in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

The Federal Circuit and Family Court of Australia (Division 1) may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Court in relation to the exercise of the powers of the Court under this Chapter.

The Chief Justice may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:

The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Justice under section 84.

In particular, the Chief Executive Officer may act on behalf of the Chief Justice in relation to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1).

The Chief Justice may give the Chief Executive Officer directions regarding the exercise of the Chief Executive Officer’s powers under:

The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations.

The Chief Executive Officer is to be paid the allowances that are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.

The Chief Justice may grant to the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise that the Chief Justice, with the approval of the Minister, determines.

The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Chief Justice’s approval.

For the purposes of subsection (1), paid employment does not include service in the Australian Defence Force.

The Chief Executive Officer must give written notice to the Chief Justice of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.

The Chief Executive Officer must give written notice to the Chief Justice of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Federal Circuit and Family Court of Australia (Division 1).

(3) Subsections (1) and (2) apply in addition to Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).section 29 of the

The Chief Executive Officer may resign the Chief Executive Officer’s appointment by giving the Governor-General a signed notice of resignation.

The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

The Governor-General may terminate the appointment of the Chief Executive Officer:

The Governor-General must terminate the appointment of the Chief Executive Officer if:

The Governor-General may, with the consent of the Chief Executive Officer who is:

Despite subsections (1) to (3), if the Chief Executive Officer:

Despite subsections (1) to (3), if the Chief Executive Officer:

Despite subsections (1) to (3), if the Chief Executive Officer:

Judges, or a majority of them, may make Rules of Court delegating any of the powers of the Federal Circuit and Family Court of Australia (Division 1) to a delegate or a prescribed class of delegate.

The kinds of powers of the Federal Circuit and Family Court of Australia (Division 1) that the Rules of Court may delegate include the following:

Despite subsection (1), the powers of the Federal Circuit and Family Court of Australia (Division 1) that the Rules of Court may not delegate are the following:

A power delegated by the Rules of Court, when exercised by a delegate, is taken, for all purposes, to have been exercised by the Federal Circuit and Family Court of Australia (Division 1) or a Judge of the Court.

The delegation of a power by the Rules of Court does not prevent the exercise of the power by the Federal Circuit and Family Court of Australia (Division 1) or a Judge of the Court.

Costs

Despite the Rules of Court, a delegate must not exercise the power referred to in paragraph (2)(i) except in relation to costs of, or in connection with, an application heard by a delegate.

Orders made as a matter of urgency

(7) Despite the Rules of Court, a delegate must not exercise the power referred to in paragraph (2)(p) on application by a party to proceedings under the Family Law Act 1975 unless:

The Rules of Court may, in relation to a power delegated by the Rules of Court, limit or specify the circumstances in which the power may be exercised by a delegate.

Application of laws

The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Circuit and Family Court of Australia (Division 1) of a power that is, because of the Rules of Court, exercisable by a delegate, apply in relation to an exercise of the power by a delegate under this section as if references in those provisions to the Federal Circuit and Family Court of Australia (Division 1) (expressly or otherwise) were references to the delegate.

A party to proceedings in which a delegate has exercised any of the powers of the Federal Circuit and Family Court of Australia (Division 1) under section 98 may:

The Federal Circuit and Family Court of Australia (Division 1) may, on application under subsection (1) or on its own initiative, review an exercise of power by a delegate under section 98, and may make any order or orders it thinks fit in relation to the matter in respect of which the power was exercised.

Referral to Court by delegates

If:

In the following cases:

This section does not limit any other protection or immunity the Chief Executive Officer, or such a Senior Registrar or Registrar has (in relation to such a conference or otherwise).

Before proceeding to discharge the duties of office, a Senior Registrar or Registrar must take an oath or affirmation in the form set out in whichever of subsection (3) or (4) is applicable.

The oath or affirmation must be taken before the Chief Justice or another Judge of the Federal Circuit and Family Court of Australia (Division 1).

Oath

This is the form of oath for the purposes of subsection (1):

I, , do swear that I will well and truly serve in the office of (Senior Registrar or Registrar, as the case may be) of the Federal Circuit and Family Court of Australia (Division 1) and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God!

Affirmation

This is the form of affirmation for the purposes of subsection (1):

I, , do solemnly and sincerely promise and declare that I will well and truly serve in the office of (Senior Registrar or Registrar, as the case may be) of the Federal Circuit and Family Court of Australia (Division 1) and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.

In addition to the Chief Executive Officer, there are the following officers of the Federal Circuit and Family Court of Australia (Division 1):

The officers of the Federal Circuit and Family Court of Australia (Division 1), other than the Chief Executive Officer, have such duties, powers and functions as are given to them:

(3) The officers of the Federal Circuit and Family Court of Australia (Public Service Act 1999.Division 1), other than the Chief Executive Officer and the Deputy Marshals, are to be persons engaged under the

(4) The Deputy Marshals may be persons engaged under the Public Service Act 1999.

The Chief Executive Officer may, on behalf of the Chief Justice, arrange with an Agency Head, or with an authority of the Commonwealth, for the services of officers or employees of the Agency or authority to be made available for the purposes of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1).

There are to be such staff of the Registries as are necessary.

(7) The staff of the Registries are to consist of persons engaged under the Public Service Act 1999.

The Marshal of the Federal Circuit and Family Court of Australia (Division 1) is responsible for the service and execution of all process of the Court directed to the Marshal.

The Marshal is also responsible for:

A Deputy Marshal may, subject to any directions of the Marshal, exercise or perform any of the powers and functions of the Marshal.

The Marshal may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.

A Deputy Marshal may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as a Deputy Marshal.

(1) A Registry Manager of the Federal Circuit and Family Court of Australia (Family Law Act 1975 to a person whom the Registry Manager considers is an appropriate officer or staff member of the Court.Division 1) may delegate all or any of a Registry Manager’s functions or powers under the

In performing a delegated function or exercising a delegated power, the person must comply with any written directions of the relevant Registry Manager.

As soon as practicable after 30 June in each financial year, the Chief Justice must prepare a report of the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1) during the financial year.

A report prepared after 30 June in a year must be given to the Minister by 15 October of that year.

The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

(4) A report prepared under this section may be included in a report prepared and given to the Minister under Public Governance, Performance and Accountability Act 2013 in relation to the listed entity referred to in section 18ZB of the Federal Court of Australia Act 1976.section 46 of the

In exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court.

In authorising a person or body under subsection 48(2), the Chief Justice has the same protection and immunity as a Justice of the High Court.

A witness requested to attend, or appearing, before a complaint handler handling a complaint has the same protection, and is subject to the same liabilities in a proceeding, as a witness in a case tried by the High Court.

A lawyer assisting, or appearing on behalf of a person before, a complaint handler handling a complaint has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

A Judge is to be appointed by the Governor-General by commission.

A person is not to be appointed as a Judge unless:

To avoid doubt, for the purposes of paragraph (2)(b), if the kinds of matters that may be expected to come before a person as a Judge of the Federal Circuit and Family Court of Australia (Division 2) are family law matters, the person, by reason of their knowledge, skills, experience and aptitude, is a suitable person to deal with those matters, including matters involving family violence.

A person must not be appointed as a Judge if the person has attained the age of 70 years.

The appointment of a Judge (including by way of promotion or to another judicial office) is to be for a term expiring upon the Judge attaining the age of 70 years.

The Chief Judge may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:

In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Judge.

A Judge may be authorised even though the Judge is not assigned to a Division.

The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.

If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

(1) The Chief Judge is to be styled “His Honour Chief Judge (name) of the Federal Circuit and Family Court of Australia (Division 2)” or “Her Honour Chief Judge (name) of the Federal Circuit and Family Court of Australia (Division 2)”.

Deputy Chief Judge (Family Law)

(2) The Deputy Chief Judge (Family Law) is to be styled “His Honour Deputy Chief Judge (Family Law) (name) of the Federal Circuit and Family Court of Australia (Division 2)” or “Her Honour Deputy Chief Judge (Family Law) (name) of the Federal Circuit and Family Court of Australia (Division 2)”.

Deputy Chief Judge (General and Fair Work)

(3) The Deputy Chief Judge (General and Fair Work) is to be styled “His Honour Deputy Chief Judge (General and Fair Work) (name) of the Federal Circuit and Family Court of Australia (Division 2)” or “Her Honour Deputy Chief Judge (General and Fair Work) (name) of the Federal Circuit and Family Court of Australia (Division 2)”.

Other Judges

(4) A Judge (other than the Chief Judge and a Deputy Chief Judge) is to be styled “His Honour Judge (name)” or “Her Honour Judge (name)”.

Before proceeding to discharge the duties of office, a Judge must take an oath or affirmation in accordance with the form set out in whichever of subsection (3) or (4) is applicable.

The oath or affirmation must be taken before:

This is the form of oath for the purposes of subsection (1):

I, , do swear that I will well and truly serve in the office of (Chief Judge, Deputy Chief Judge (Family Law), Deputy Chief Judge (General and Fair Work) or Judge, as the case may be) of the Federal Circuit and Family Court of Australia (Division 2) and that I will do right to all manner of people according to law without fear or favour, affection or ill-will. So help me God!

Affirmation

This is the form of affirmation for the purposes of subsection (1):

I, , do solemnly and sincerely promise and declare that I will well and truly serve in the office of (Chief Judge, Deputy Chief Judge (Family Law), Deputy Chief Judge (General and Fair Work) or Judge, as the case may be) of the Federal Circuit and Family Court of Australia (Division 2) and that I will do right to all manner of people according to law without fear or favour, affection or ill-will.

A Judge is to be paid such remuneration as is determined by the Remuneration Tribunal.

(2) Subsection (1) has effect subject to the Remuneration Tribunal Act 1973.

In this section:

remuneration has the same meaning as in Part II of the Remuneration Tribunal Act 1973.

A Judge must not engage in paid work outside the duties of the Judge’s office if that work is incompatible with the holding of a judicial office under Chapter III of the Constitution.

A Judge must not:

This section does not, by implication, limit the application to a Judge of any doctrine of constitutional incompatibility.

In this section:

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

A Judge holds office on such terms and conditions (if any) in relation to matters not covered by this Act as are specified in a written determination made by the Governor-General for the purposes of this subsection.

The Minister must cause a copy of a determination under subsection (1) to be tabled in each House of the Parliament.

Either House may, following a motion upon notice, pass a resolution disallowing the determination. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the determination was tabled in the House.

If neither House passes such a resolution, the determination takes effect on the day immediately after the last day that such a resolution could have been passed.

A Judge may resign office by delivering a written resignation to the Governor-General.

The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

If:

On receiving the request, the Minister must:

Applications may be made to the Administrative Review Tribunal for review of decisions of the Minister to refuse to so certify.

A retired disabled Judge is entitled to a pension until the retired disabled Judge attains the age of 70 years or dies, whichever happens first.

Annual rate of pension

The annual rate of the pension is 60% of the annual rate of salary the Judge would have been entitled to from time to time if the Judge had not retired.

However, the rate of the pension must be reduced by the amount of any pension or retiring allowance:

For the purposes of subsection (2), the annual rate of salary is the annual rate of remuneration determined under section 116:

The pension is due daily, but is payable on the days that salary payments are made to Judges.

Safety, Rehabilitation and Compensation Act 1988

(6) For the purposes of Safety, Rehabilitation and Compensation Act 1988:Division 3 of Part II of the

A retired disabled Judge who has not attained the age of 65 years is entitled to a Commonwealth superannuation contribution until the retired disabled Judge attains the age of 65 years or dies, whichever happens first.

The amount of the Commonwealth superannuation contribution is the amount of the Commonwealth superannuation contribution (if any) the Judge would have been entitled to from time to time, under a determination under subsection 119(1), if the Judge had not retired.

The Commonwealth superannuation contribution is to be made by payments on the days that salary payments are made to Judges.

A payment is payable under this section if:

The amount of the payment is the amount of the Commonwealth superannuation contribution (if any) the Judge would have been entitled to, under a determination under subsection 119(1), during the period in subsection (3) of this section if:

The period in this subsection is the period:

(4) The beneficiaries in respect of the payment are each eligible spouse and eligible child the Judge leaves.

If there is only one beneficiary in respect of the payment, the payment is payable to the beneficiary.

If there is more than one beneficiary in respect of the payment, the payment is payable to the beneficiaries in the proportions (totalling 100% of the amount of the payment) the Minister considers appropriate, having regard to the respective circumstances of each beneficiary.

Beneficiaries—eligible children

If the payment (or a proportion of the payment) is payable to an eligible child, the Minister may, in writing, direct that:

The Minister may be requested to give a direction under subsection (7) in respect of an eligible child.

On receiving an application, the Minister must:

Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Minister:

(1) For the purposes of this Chapter, subsections (2), (3) and (4) set out the 3 circumstances in which a person is an eligible spouse of a Judge, or a retired disabled Judge, who dies.

(2) A person is an eligible spouse of a Judge who dies if the person had a marital or couple relationship with the Judge at the time of the death of the Judge.

(3) A person is an eligible spouse of a retired disabled Judge who dies if:

(4) A person is an eligible spouse of a Judge, or a retired disabled Judge, who dies if:

(5) For the purposes of this Chapter, a person had a marital or couple relationship with another person at a particular time if:

For the purposes of this Chapter, a marital or couple relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (5)(a) or subparagraph (5)(b)(i).

For the purpose of subparagraph (5)(b)(ii), relevant evidence includes, but is not limited to, evidence establishing any of the following:

(8) For the purposes of this Chapter, a person is taken to be living with another person if the Minister is satisfied that the person would have been living with that other person except for a period of:

Applications may be made to the Administrative Review Tribunal for review of decisions of the Minister under paragraph (4)(c), subparagraph (5)(b)(ii) or subsection (8).

(1) For the purposes of this Chapter, a person is an eligible child of a Judge, or a retired disabled Judge, who dies if:

Applications may be made to the Administrative Review Tribunal for review of decisions of the Minister under subparagraph (1)(b)(iii) or (iv).

Nothing in this Act prevents the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) from being appointed to, and holding at the same time, the office of Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).

Deputy Chief Judge (Family Law)

Nothing in this Act prevents the Deputy Chief Judge (Family Law) of the Federal Circuit and Family Court of Australia (Division 2) from being appointed to, and holding at the same time, the office of Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).

The Deputy Chief Judge (Family Law) may act as Chief Judge:

The Deputy Chief Judge (General and Fair Work) may act as Chief Judge:

The Minister may, by written instrument, appoint a Judge to act as the Chief Judge:

A person who is acting as Chief Judge is to be called Acting Chief Judge of the Federal Circuit and Family Court of Australia (Division 2).

For the purposes of this Chapter, a person who is acting as Chief Judge is taken not to be assigned to a Division of the Federal Circuit and Family Court of Australia (Division 2).

The Federal Circuit and Family Court of Australia (Division 2) has such original jurisdiction as is vested in it:

The original jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts.

The process of the Federal Circuit and Family Court of Australia (Division 2) runs, and the judgments of the Federal Circuit and Family Court of Australia (Division 2) have effect and may be executed, throughout Australia.

The Federal Circuit and Family Court of Australia (Division 2) has original jurisdiction:

Subject to such restrictions and conditions (if any) in:

The Federal Circuit and Family Court of Australia (Division 2) has original jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence or other arrangement in which:

The Minister may, by legislative instrument, confer jurisdiction on the Federal Circuit and Family Court of Australia (Division 2) in respect of any other specified Commonwealth tenancy dispute.

The Minister may, by legislative instrument, make provision for and in relation to all or any of the following matters in respect of a Commonwealth tenancy dispute:

For the purpose of the organisation and conduct of the business of the Federal Circuit and Family Court of Australia (Division 2), the Court comprises the following Divisions:

Every proceeding in the Federal Circuit and Family Court of Australia (Division 2) must be instituted, heard and determined in a Division mentioned in subsection (1).

Fair Work Division

The following jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised in the Fair Work Division:

The following jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised in the General Division:

If the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is required to be exercised in both the General Division and the Fair Work Division in relation to particular proceedings or proceedings of a particular kind, the Chief Judge may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to the General Division or the Fair Work Division of those proceedings or proceedings of that kind.

This section does not apply to family law or child support proceedings.

Open court

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must be exercised in open court. However, this rule does not apply where, as authorised by this Chapter or another law of the Commonwealth, the jurisdiction of the Court is exercised by a Judge of that Court sitting in Chambers.

For the purposes of subsection (2), the circumstances in which the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link or other appropriate means.

Judge sitting in Chambers

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) may be exercised by a Judge of the Court sitting in Chambers in:

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised by a Judge of the Court sitting in Chambers in a proceeding where:

A Judge of the Federal Circuit and Family Court of Australia (Division 2) may order a proceeding in Chambers to be adjourned into the Court.

Proceeding in open court may be adjourned into Chambers

The Federal Circuit and Family Court of Australia (Division 2) may order a proceeding in open court to be adjourned into Chambers if, apart from this subsection, the jurisdiction of the Court may be exercised by a Judge of the Court sitting in Chambers in that proceeding.

Closed court etc.

The Federal Circuit and Family Court of Australia (Division 2) may order the exclusion of the public or of persons specified by the Court from a sitting of the Court if the Court is satisfied that the presence of the public or of those persons, as the case may be, would be:

The reference in subsection (7) to a sitting of the Court includes a reference to a sitting of the Court that is conducted by way of video link, audio link or other appropriate means.

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised by the Court constituted by a single Judge.

In a matter before, or coming before, the Federal Circuit and Family Court of Australia (Division 2), a Judge may give directions under subsection 192(1).

The Federal Circuit and Family Court of Australia (Division 2) may, in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed.

A proceeding is not open to objection on the ground that a declaratory order only is sought.

The Federal Circuit and Family Court of Australia (Division 2) has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) to punish a contempt of the Court committed in the face or hearing of the Court may be exercised by the Court as constituted at the time of the contempt.

The Federal Circuit and Family Court of Australia (Division 2) may give judgment for one party against another in relation to the whole or any part of a proceeding if:

The Federal Circuit and Family Court of Australia (Division 2) may give judgment for one party against another in relation to the whole or any part of a proceeding if:

For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:

This section does not limit any powers that the Federal Circuit and Family Court of Australia (Division 2) has apart from this section.

(5) This section does not apply if the Federal Circuit and Family Court of Australia (Family Law Act 1975.Division 2) is exercising jurisdiction under the

The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit and Family Court of Australia (Division 2).

In discharging the Chief Judge’s responsibility, the Chief Judge:

Either Deputy Chief Judge may assist the Chief Judge in the exercise of the functions conferred on the Chief Judge by this section (other than paragraph (2)(d) or (e)).

The Chief Judge may, if a complaint is made about another Judge of the Federal Circuit and Family Court of Australia (Division 2), deal with the complaint by doing either or both of the following in respect of the complaint:

The Chief Judge may authorise, in writing, a person or a body to do one or more of the following:

To avoid doubt, the Chief Judge may authorise under subsection (2):

In this section:

relevant belief: a person has a relevant belief in relation to a complaint about a Judge if:

A Judge who is assigned to a Division of the Federal Circuit and Family Court of Australia (Division 2) must exercise, or participate in exercising, the powers of the Court only in that Division, except as set out in subsection (2).

The Chief Judge may arrange for a Judge who is assigned to a particular Division of the Federal Circuit and Family Court of Australia (Division 2) to exercise, or participate in exercising, the powers of the Court in another Division if the Chief Judge considers that circumstances make it desirable to do so.

To avoid doubt, a Judge who is not assigned to any Division of the Federal Circuit and Family Court of Australia (Division 2) may exercise, or participate in exercising, the powers of the Court in all Divisions.

Subsection (1) does not affect the validity of any exercise of powers by the Federal Circuit and Family Court of Australia (Division 2) otherwise than in accordance with that subsection.

The Chief Judge may, by written instrument, assign a particular Judge to a particular location or registry.

An instrument under subsection (1) has no effect unless it is approved, in writing, by the Minister.

Subsection (1) does not prevent a Judge from performing duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise).

In exercising the functions or powers mentioned in paragraph 144(2)(b) or subsection 147(1), the Chief Judge has the same protection and immunity as if the Chief Judge were exercising those functions or powers as, or as a member of, the Federal Circuit and Family Court of Australia (Division 2).

In assisting in the exercise of the functions or powers mentioned in paragraph 144(2)(b), a Deputy Chief Judge has the same protection and immunity as if the Deputy Chief Judge were exercising those functions or powers as, or as a member of, the Federal Circuit and Family Court of Australia (Division 2).

(3) Despite Judiciary Act 1903, the Federal Court does not have jurisdiction with respect to a matter relating to:section 39B of the

In addition to the functions and powers conferred on the Chief Judge by this Chapter, the Chief Judge has such other functions and powers in relation to the Federal Circuit and Family Court of Australia (Division 2) as are specified in the regulations.

If a family law or child support proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2), the Court may, by order, transfer the proceeding from the Court to the Federal Circuit and Family Court of Australia (Division 1).

The Federal Circuit and Family Court of Australia (Division 2) may transfer a proceeding:

In deciding whether to transfer a proceeding, the Federal Circuit and Family Court of Australia (Division 2) must have regard to:

An appeal does not lie from a decision of the Federal Circuit and Family Court of Australia (Division 2) in relation to the transfer of a proceeding under this section.

This section does not apply to proceedings of a kind specified in the regulations.

If:

For the purposes of subsection (1), section 149 has effect as if a reference to the Federal Circuit and Family Court of Australia (Division 2) were a reference to the Chief Judge.

This section does not apply to proceedings of a kind specified in the regulations.

The Rules of Court may make provision in relation to transfers of proceedings to the Federal Circuit and Family Court of Australia (Division 1) under subsection 149(1), including in relation to the scale of costs that applies to any order made in respect of proceedings that are transferred.

In particular, the Rules of Court may specify matters to which the Federal Circuit and Family Court of Australia (Division 2) must have regard in deciding whether to transfer a proceeding to the Federal Circuit and Family Court of Australia (Division 1) under subsection 149(1).

Before Rules of Court are made for the purposes of this section, the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) must consult the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).

If:

The Federal Circuit and Family Court of Australia (Division 2) may transfer a proceeding:

In deciding whether to transfer a proceeding to the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) must have regard to:

(4) If an order is made under subsection (1), the order takes effect on the day that the order is confirmed by the Federal Court under Federal Court of Australia Act 1976.section 32AD of the

The Federal Circuit and Family Court of Australia (Division 2) may make such orders as it considers necessary pending the order transferring the proceeding being confirmed by the Federal Court.

An appeal does not lie from a decision of the Federal Circuit and Family Court of Australia (Division 2) in relation to the transfer of a proceeding under this section.

This section does not apply to proceedings of a kind specified in the regulations.

The Rules of Court may make provision in relation to transfers of proceedings to the Federal Court under subsection 153(1), including in relation to the scale of costs that applies to any order made in respect of proceedings that are transferred.

In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Circuit and Family Court of Australia (Division 2) in deciding whether to transfer a proceeding to the Federal Court under subsection 153(1).

Before Rules of Court are made for the purposes of this section, the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) must consult the Chief Justice of the Federal Court.

If the Federal Circuit and Family Court of Australia (Division 2) considers that a dispute resolution process may help the parties to a dispute before it to resolve that dispute, the Court must advise the parties to use that dispute resolution process.

If the Federal Circuit and Family Court of Australia (Division 2) does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance in connection with the dispute resolution process.

A designated officer of the Federal Circuit and Family Court of Australia (Division 2) must, as far as practicable, on request by:

For the purposes of this section, a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) is taken to be an officer of the Court.

(3) For the purposes of this section, a designated officer of the Federal Circuit and Family Court of Australia (Division 2) is an officer of the Court specified in writing by the Chief Executive Officer for the purposes of this subsection.

The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, for conciliation in accordance with the Rules of Court.

Subsection (1) has effect subject to the Rules of Court.

Referrals under subsection (1) to a conciliator may be made with or without the consent of the parties to the proceedings.

If the Federal Circuit and Family Court of Australia (Division 2) makes an order, or gives a direction, under this Chapter or any other law of the Commonwealth:

An application under subsection (1) must be accompanied by a statement that:

If an application is made under subsection (1), the Federal Circuit and Family Court of Australia (Division 2) may determine the question of law.

If the Federal Circuit and Family Court of Australia (Division 2) determines a question of law under subsection (3), the determination is binding on the parties to the proceedings concerned.

The Rules of Court may make provision for or in relation to dispute resolution processes carried out under an order made, or direction given, by the Federal Circuit and Family Court of Australia (Division 2) under this Chapter or another law of the Commonwealth.

In particular, Rules of Court made for the purposes of subsection (1) may make provision for or in relation to the procedure to be followed when any dispute resolution process ends.

The regulations may make provision for or in relation to dispute resolution processes carried out under an order made, or direction given, by the Federal Circuit and Family Court of Australia (Division 2) under this Chapter or another law of the Commonwealth.

In particular, regulations made for the purposes of subsection (1) may make provision for or in relation to:

If the parties to proceedings in the Federal Circuit and Family Court of Australia (Division 2) have reached agreement about a matter in dispute in the proceedings, the Court or a Judge may, on application by the parties, make an order in the terms of the agreement.

This section has effect subject to the Rules of Court.

The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, to a mediator for mediation in accordance with the Rules of Court.

Subsection (1) has effect subject to the Rules of Court.

Referrals under subsection (1) to a mediator may be made with or without the consent of the parties to the proceedings.

Evidence of anything said, or of any admission made, at a conference conducted by a mediator in the course of mediating anything referred under subsection (1) is not admissible:

A mediator has, in mediating anything referred under subsection (1), the same protection and immunity as a Judge of the Federal Court has in performing the functions of a Judge.

The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, to an arbitrator for arbitration in accordance with the Rules of Court.

Subsection (1) has effect subject to the Rules of Court.

Referrals under subsection (1) to an arbitrator may be made only with the consent of the parties.

The Rules of Court may make provision for the registration of awards made in an arbitration carried out under an order made under subsection (1).

An arbitrator has, in arbitrating anything referred under subsection (1), the same protection and immunity as a Judge of the Federal Court has in performing the functions of a Judge.

If:

The Federal Circuit and Family Court of Australia (Division 2) or a Judge must not grant leave unless satisfied that the determination of the question of law by the Court might result in substantial savings in costs to the parties to the arbitration.

If:

If:

A party to the award may apply to the Federal Circuit and Family Court of Australia (Division 2) for a review, on a question of law, of the award.

On a review of an award on a question of law, the Federal Circuit and Family Court of Australia (Division 2) may:

A party to the award may apply to the Federal Circuit and Family Court of Australia (Division 2) or a Judge for an order that the costs payable by the party in respect of the arbitration be taxed in accordance with the Rules of Court.

The person who made the application is not liable to pay, in respect of the costs of the arbitration, an amount that is more than the amount of the costs as taxed under an order made under subsection (4).

The Federal Circuit and Family Court of Australia (Division 2) may, on application by a party to an award made in an arbitration (whether carried out under an order made under subsection 170(1) or otherwise) in relation to a matter in which the Court has original jurisdiction, make an order in the terms of the award.

Subsection (1) does not apply to an award made in an arbitration carried out under an order made under subsection 170(1) unless the award has been registered with the Federal Circuit and Family Court of Australia (Division 2) under the Rules of Court.

An order so made is enforceable in the same manner as if it had been made in an action in the Federal Circuit and Family Court of Australia (Division 2). This subsection has effect subject to subsection (4).

A writ of attachment must not be issued to enforce payment of money under an order made in accordance with this section.

The practice and procedure of the Federal Circuit and Family Court of Australia (Division 2) is to be in accordance with:

To the extent that the provisions mentioned in subsection (1) are insufficient:

In this section:

practice and procedure includes all matters in relation to which:

Interrogatories and discovery are allowed in relation to family law and child support proceedings in the Federal Circuit and Family Court of Australia (Division 2).

However, interrogatories and discovery are not allowed in relation to any other proceedings in the Federal Circuit and Family Court of Australia (Division 2), unless the Court or a Judge declares that it is appropriate, in the interests of the administration of justice, to allow the interrogatories or discovery.

In deciding whether to make a declaration under subsection (2), the Federal Circuit and Family Court of Australia (Division 2) or a Judge must have regard to:

If a document is required or permitted to be filed in the Federal Circuit and Family Court of Australia (Division 2):