Federal Circuit and Family Court of Australia Act 2021

1

Paragraph   174(2)(b)

but only for a proceeding that is within the power of a Registrar to hear and determine

To give directions about the practice and procedure to be followed in relation to a proceeding or a part of a proceeding

2

Section   182

but only for a proceeding that is within the power of a Registrar to hear and determine

To give directions about the length of documents required or permitted to be filed in the Court

3

Section   184

To order, at any stage, a change of venue

4

Section   187

but only for a proceeding that is within the power of a Registrar to hear and determine

To give directions about limiting the time for oral argument in a proceeding

5

Section   188

but only for a proceeding that is within the power of a Registrar to hear and determine

To give directions about the use, or length, of written submissions in a proceeding

6

Subsection   189(2)

To make an order declaring that a proceeding is not invalid by reason of a formal defect or an irregularity

7

Section   197

but only for a proceeding that is within the power of a Registrar to hear and determine

To give directions about limiting the time for giving testimony in a proceeding

8

Subsection   199(2)

but only for a proceeding that is within the power of a Registrar to hear and determine

To give directions that particular testimony is to be given orally or by affidavit

9

Subsection   201(1)

To direct or allow testimony to be given by video link or audio link

10

Subsection   202(1)

To direct or allow a person to appear by way of video link or audio link

11

Subsection   203(1)

To direct or allow a person to make a submission by way of video link or audio link

12

Section   207

but only for a proceeding that is within the power of a Registrar to hear and determine

To make orders for the payment of expenses incurred in connection with giving testimony, appearing, or making submissions, by video link or audio link

13

Subsection   254(2)

All of the following:

(a) to require a party's lawyer to estimate the likely duration of the proceeding and likely amount of costs;

(b) to make orders about the conduct of a proceeding;

(c) to make orders following a party's failure to comply with orders made as mentioned in paragraph   (b);

(d) to dispense with the service of any process of the Court;

(e) to make orders in relation to substituted service;

(f) to make orders in relation to discovery, inspection and production of documents;

(g) to make orders in relation to interrogatories;

(h) to make an order adjourning the hearing of proceedings;

(i) to make an order as to costs;

(j) to make an order about security for costs;

(k) to make an order exempting a party to proceedings from compliance with a provision of these Rules;

(l) to exercise a power of the Court prescribed by these Rules

(m) to make an order the terms of which have been agreed upon by all the parties to the proceedings

Fair Work Act 2009

14

Paragraph   545(2)(b)

To order a person to pay compensation

15

Subsection   548(4)

To amend the papers starting the proceeding

16

Subsections   548(5) and (6)

To give leave for a party to a small claims proceeding to be represented by a lawyer

17

Section   570

To order a party to pay costs incurred by another party

Federal Circuit and Family Court of Australia (Division   2) (General Federal Law) Rules   2021

18

Subrule   1.07(1)

To dispense with compliance with these Rules

19

Rule   1.08

To make an order about procedure

20

Subrule   2.01(3)

To make orders in relation to compliance with requirements for documents

21

Subrule   2.04(2)

To make orders in relation to compliance with forms

22

Paragraph   2.07(6)(b)

To direct that the original of a document or transmission report be produced

23

Subrule   2.09(3)

To direct that the original of an affidavit or a paper copy of a document be produced

24

Paragraph   2.12(b)

To direct that the seal of the Court be attached to a document

25

Subrule   2.13(2)

To direct that the stamp of the Court be attached to a document

26

Rule   6.04

To exercise discretion in relation to service of a document

27

Subrule   6.05(1)

To order evidence of service of a document to be given otherwise than by affidavit

28

Paragraph   6.06(2)(b)

To direct that an application be served other than by hand

29

Subrule   6.08(1)

To make an order in relation to the requirements for service by hand on a corporation, unincorporated association or organisation

30

Subrule   6.14(1)

To make an order dispensing with service of a document or substituting another way of serving a document

31

Subrule   6.14(2)

To specify the steps to be taken for bringing a document to the attention of the person to be served

32

Subrule   6.14(3)

To specify that a document is to be taken to have been served on the happening of a specified event or at the end of a specified time

33

Rule   6.15

To make an order dispensing with service of a document or for substituted service of a document and the matters that may be considered when making the order

34

Rule   6.16

To find that a document is taken to have been served on a date specified in an order for substituted service despite failure to comply with a condition of the order

35

Rule   6.17

To order that a document may be served more than 12 months after it is filed

36

Rule   6.19

To make an order permitting an application and any document filed with it to be served otherwise than as provided by rule   6.19

37

Rule   7.02

but only to the extent that it gives the Court the power to order a party or another appropriate person to make an amendment

To order a party or another appropriate person to make an amendment to a document

38

Rule   8.01

To consider an application to have a proceeding heard in another registry of the Court and to have regard to certain matters when considering the application

39

Subrule   9.03(2)

To give leave to a lawyer to file or serve a notice of withdrawal without satisfying the requirement to serve, within the time specified in subrule   9.03(2), a notice of intention to withdraw on the party for whom the lawyer is acting

40

Paragraph   10.04(b)

To make consent orders if parties resolve the issues between them following a dispute resolution process

41

Subrule   10.05(1)

To refer a proceeding, a part of a proceeding or a matter arising out of a proceeding, for conciliation

42

Paragraph   10.05(2)(c)

To appoint a person to hold a conciliation conference

43

Subrules   11.01(1) and (2)

To make orders in relation to persons who must be included as parties to a proceeding

44

Subrule   11.02(2)

To give leave to a party to include a person as a party to a proceeding after the first court date

45

Subrule   11.02(3)

To order a party who has included a person as a party to file and serve on each other party an affidavit setting out the basis on which the person has been included as a party

46

Subrule   11.03(2)

To make an order that an application to be included as a party to a proceeding be supported otherwise than by an affidavit stating the matters referred to in subrule   11.03(2)

47

Subrule   11.04(1)

To consider an application by a party to be removed as a party

48

Rule   11.05

To, at any time, order a party, or a person applying to be included as a party, to give notice to any person of certain matters

49

Subrule   11.07(2)

To order that a minor in a proceeding is not taken to need a litigation guardian in relation to the proceeding

50

Subrule   11.10(1)

To appoint or remove a litigation guardian, or substitute another person as litigation guardian, in a proceeding

51

Subrule   11.10(3)

To remove a litigation guardian at the request of the litigation guardian

52

Rule   11.13

To make orders for the payment of the costs and expenses of a litigation guardian

53

Subrules   12.01(1) and (2)

To refer a party to a lawyer for legal assistance and to take certain matters into account when making such a referral

54

Subrule   13.02(3)

To stay further proceedings until costs are paid by the party bringing the further proceedings

55

Subrule   13.08(3)

but only if the order is made with the consent of all the parties to the case

To make such orders as the Court considers appropriate in the circumstances

56

Subrule   13.10(3)

To stay execution on, or other enforcement of, a judgment until determination of a claim

57

Subrule   13.11(3)

To give directions for the further conduct of a proceeding in relation to a claim or part of a claim not disposed of by judgment or dismissal and not stayed

58

Rule   13.13

To order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding

59

Subrules   13.16(1), (2) and (3)

To order that a proceeding, or a part of a proceeding, be dismissed if a party has not taken a step in the proceeding for 6 months, and to give notice to each party of the date and time the Court will consider whether to make such an order

60

Rule   14.04

To order a party to produce to the Court a document in the possession, custody or control of the party

61

Rule   14.05

To inspect a document for the purpose of determining whether a claim for privilege, or an objection, is valid

62

Rule   14.06

To order a party to file and serve an affidavit regarding the possession, custody or control of a document or class of document by the party

63

Rule   14.08

To order otherwise than permitting a party who inspects a document under Division   14.2 to make a copy of, or take an extract from, the document

64

Subrule   15.07(2)

To give a direction in relation to opinion evidence by expert witnesses

65

Rule   15.08

To appoint an expert as court expert to inquire into and report on a question arising in a proceeding, and give directions for the purposes of the inquiry or report

66

Subrule   15.09(3)

To do a thing referred to in subrule   15.09(3) in relation to a report prepared by a court expert

67

Rule   15.10

To direct otherwise than that the parties are jointly liable to pay the reasonable remuneration and expenses of a court expert for preparing a report

68

Rule   15.11

To give leave to a party to adduce evidence of another expert on a question on which a court expert has made a report

69

Subrule   16.03(3)

To fix time limits for service of a subpoena otherwise than as required by paragraph   16.03(3)(a) or (b)

70

Rule   16.04

To direct that a party may request the issue of more than 5 subpoenas in a proceeding

71

Rule   16.08

To make an order setting aside all or part of a subpoena

72

Rule   16.09

To make an order for the payment of any loss or expense incurred in complying with a subpoena

73

Rule   16.10

To make orders with respect to the payment of costs incurred by a person in complying with a subpoena where the person is not a party to the proceedings

74

Paragraph   16.11(2)(b )

To permit a person who inspects or copies a document under these Rules to disclose the contents of the document or give a copy of it to another person

75

Subrule   22.01(1)

To order the applicant to give the security the Court considers appropriate for the respondent's costs of the proceeding

76

Paragraph   22.02(1)(c)

To allow further time for an application for an order for costs to be made

77

Subrule   22.02(2)

To do a thing referred to in any of paragraphs 22.02(2)(a) to (d) in making an order for costs in a proceeding

78

Subrule   22.03(1)

To specify the maximum costs that may be recovered on a party and party basis

79

Subrule   22.03(3)

To vary the maximum costs specified if there are special reasons and it is in the interests of justice to do so

80

Rule   22.04

If costs of a motion, application or other proceeding are reserved--to order otherwise than that the costs follow the event

81

Rule   22.07

To order otherwise than that interest is payable on outstanding costs at the rate specified in rule   22.07

82

Rule   22.09

To order otherwise than that a party is entitled to costs in accordance with Part   1 of Schedule   2 and disbursements properly incurred

83

Paragraph   22.11(b)

To authorise or approve an amount for attendance by a witness

84

Paragraph   22.12(b)

To authorise or approve an amount for preparation of a report by an expert

85

Rule   25.04

To give a direction for the enforcement or execution of an order

86

Rule   25.11

To make an order, issue a writ or take another step to enforce a judgment or order

87

Rule   30.12

To give leave for a party to a fair work small claims proceeding to be represented by a lawyer

88

Rule   31.04

To grant leave for a party to a consumer credit small claims proceeding to be represented by a lawyer

Migration Act 1958

89

Subsection   476(1)

To order that a matter be remitted by consent for determination according to law

90

Subsection   477(2)

To order by consent that the time for making an application under section   476 of the Migration Act 1958 be extended

National Consumer Credit Protection Act 2009

91

Section   178

To order a person to pay compensation

92

Subsection   199(6)

To amend the papers starting the proceedings

93

Subsections   199(7) and (8)

To give leave for a party to a small claims proceeding to be represented by a lawyer

94

Section   200

To order a party to pay costs incurred by another party

National Credit Code

95

Section   37

To order a credit provider to provide a statement

96

Subsection   38(7)

To determine a disputed liability and make consequential orders

97

Subsection   74(2)

To make orders changing, or refusing to change, the terms of a credit contract

98

Subsection   74(3)

To stay enforcement proceedings or make other orders relating to a debtor's application to change the terms of a credit contract

99

Subsection   75(1)

To vary or revoke an order under subsection   74(2)

100

Subsection   75(2)

To vary or revoke a stay or order under subsection   74(3)

101

Section   76

To reopen an unjust transaction that gave rise to an unjust contract, mortgage or guarantee

102

Section   78

To annul or reduce an unconscionable change to a rate, fee or charge

103

Subsection   96(2)

To order or refuse to order a postponement

104

Subsection   96(3)

To stay enforcement proceedings until an application for postponement has been heard

105

Subsection   101(1)

To order a person to deliver mortgaged goods to a credit provider

106

Subsection   101(2)

To make orders varying the place at which, or time or period within which, mortgaged goods must be delivered to a credit provider

107

Subsection   106(1)

To order a credit provider to credit a mortgagor

108

Subsection   106(2)

To order a credit provider to compensate a mortgagor or mortgagee

109

Subsection   107(3)

To determine the amount of enforcement expenses that may be recovered by a credit provider

110

Section   108

To order a credit provider to return possession of goods to a mortgagor

111

Section   118

To order a credit provider to pay compensation to a debtor or guarantor

112

Section   175F

To determine a disputed liability and make consequential orders

113

Subsection   175G(6)

To order a lessor under a consumer lease to provide a statement

114

Section   177D

To make orders changing, or refusing to change, the terms of a consumer lease or staying enforcement proceedings or make other orders relating to a lessee's application to change the terms of a consumer lease

115

Section   177E

To vary or revoke an order or stay under section   177D

116

Section   177F

To reopen an unjust transaction that gave rise to an unjust consumer lease

117

Section   179K

To order or refuse to order a postponement or to stay enforcement proceedings until an application for postponement has been heard

118

Section   179Q

To order a person to deliver mortgaged goods to a lessor or to make orders varying the place at which, or time or period within which, mortgaged goods must be delivered to a lessor

119

Subsection   179R(3)

To determine the amount of enforcement expenses that may be recovered by a lessor