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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021)


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1--INTRODUCTION

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  
   3.      Crown to be bound  
   4.      External Territories  

           Division 2--Objects of this Act

   5.      Objects of this Act  

           Division 3--Simplified outline of this Act

   6.      Simplified outline of this Act  

   PART 2--DEFINITIONS

   7.      Definitions  
            

CHAPTER 2--Federal Circuit and Family Court of Australia
            

   8.      Federal Circuit and Family Court of Australia  
   9.      Federal Circuit and Family Court of Australia (Division 1)  
   10.     Federal Circuit and Family Court of Australia (Division 2)  
            

CHAPTER 3--Federal Circuit and Family Court of Australia
            

   PART 1--CONSTITUTION

           Division 1--Constitution

   11.     Appointment of Judges  
   12.     Judges to be assigned to particular location  
   13.     Authorised Judges may manage classes of proceedings  
   14.     Style  
   15.     Seniority  
   16.     Oath or affirmation of allegiance and office  
   17.     Constitution of a Full Court  

           Division 2--Terms and conditions of judges

   18.     Remuneration  
   19.     Resignation from office  
   20.     Removal from office  

           Division 3--Judges of 2 or more courts

   21.     Dual appointments  
   22.     Judge also holding office of a prescribed court  
   23.     Judge also holding office of a State Family Court  

           Division 4--Acting Chief Justice

   24.     Acting Chief Justice  

   PART 2--JURISDICTION

           Division 1--Original jurisdiction

   25.     Original jurisdiction  

           Division 2--Appellate jurisdiction

   26.     Appeals  
   27.     Family law regulations to be sole source of certain appellate jurisdiction  
   28.     Leave to appeal needed for some family law or child support proceedings  

           Division 3--Associated matters

   29.     Jurisdiction in associated matters  

           Division 4--Exercise of jurisdiction

              Subdivision A--Original jurisdiction

   30.     Exercise of original jurisdiction  

              Subdivision B--Appellate jurisdiction

   31.     Application  
   32.     Exercise of appellate jurisdiction  
   33.     Appeal may be determined without an oral hearing  
   34.     Cases stated and questions reserved  
   35.     Evidence on appeal  
   36.     Form of judgment on appeal  
   37.     Court divided in opinion  
   38.     Stay of proceedings and suspension of orders  
   39.     Appeals relating to court security orders  
   40.     Exercise of certain appellate jurisdiction under family law regulations  

              Subdivision C--Appellate jurisdiction relating to courts of summary jurisdiction

   41.     Application  
   42.     Exercise of appellate jurisdiction  

              Subdivision D--Miscellaneous

   43.     Determination of matter completely and finally  

           Division 5--Certain powers relating to matters of jurisdiction

   44.     Making of orders and issuing writs  
   45.     Contempt of court  
   46.     Summary judgment  

           Division 6--Administration

   47.     Arrangement of business  
   48.     Complaints  
   49.     Protection for the Chief Justice and Deputy Chief Justice  

   PART 3--CERTAIN PROCEEDINGS NOT TO BE INSTITUTED IN FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

   50.     Prohibition on instituting first instance family law or child support proceedings  

   PART 4--TRANSFER OF PROCEEDINGS

   51.     Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2)  
   52.     Discretionary transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 2)  
   53.     Rules of Court  
   54.     Delegation  

   PART 5--APPEALS

   55.     Appeals to the High Court  

   PART 6--PRACTICE AND PROCEDURE

           Division 1--General

   56.     Practice and procedure  
   57.     Representation  

           Division 2--Documents filed in the Federal Circuit and Family Court of Australia (Division 1)

   58.     Filing of documents in the Federal Circuit and Family Court of Australia (Division 1)  
   59.     Seal of the Federal Circuit and Family Court of Australia (Division 1)  
   60.     Federal Circuit and Family Court of Australia (Division 1) stamps  
   61.     Writs etc.  
   62.     Proceedings may be instituted by application  
   63.     Limits on length of documents  

           Division 3--Conduct of proceedings

   64.     Place of sitting  
   65.     Change of venue  
   66.     Formal defects not to invalidate  

           Division 4--Case management

   67.     Overarching purpose of family law practice and procedure provisions  
   68.     Parties to act consistently with the overarching purpose  
   69.     Power of the Federal Circuit and Family Court of Australia (Division 1) to give directions about practice and procedure in a civil proceeding  
   70.     Chief Justice to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 2)  

           Division 5--Evidence

   71.     Oaths and affirmations  
   72.     Swearing of affidavits etc.  
   73.     Orders and commissions for examination of witnesses  

           Division 6--Judgments

   74.     Reserved judgments etc.  

           Division 7--Common approaches with the Federal Circuit and Family Court of Australia (Division 2)

   75.     Chief Justice to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 2)  

           Division 8--Rules of Court

   76.     Rules of Court  
   77.     Consultation  

   PART 7--MANAGEMENT AND ADMINISTRATION

           Division 1--Management responsibilities of the Chief Justice

   78.     Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)  
   79.     Arrangements with other courts  
   80.     Arrangements with agencies or organisations  
   81.     Arrangements for sharing courtrooms and other facilities  
   82.     Advisory committees  

           Division 2--Chief Executive Officer

              Subdivision A--Functions and powers

   83.     Chief Executive Officer  
   84.     Function of Chief Executive Officer  
   85.     Powers of Chief Executive Officer  

              Subdivision B--Terms and conditions of appointment

   86.     Appointment  
   87.     Term of appointment  
   88.     Remuneration and allowances  
   89.     Leave of absence  
   90.     Outside employment  
   91.     Disclosure of interests  
   92.     Other terms and conditions  
   93.     Resignation  
   94.     Termination of appointment  
   95.     Acting Chief Executive Officer  

           Division 3--Registries and registrars

   96.     Registries  
   97.     Senior Registrars and Registrars  
   98.     Delegation  
   99.     Independence of delegates  
   100.    Review of power exercised by delegate  
   101.    Protection for Registrars  
   102.    Oath or affirmation of office  

           Division 4--Other officers and staff

   103.    Officers of the Federal Circuit and Family Court of Australia (Division 1)  
   104.    Marshal  
   105.    Delegation by Registry Managers  

           Division 5--Miscellaneous administrative matters

   106.    Procedural information to be given to unrepresented parties  
   107.    Annual report  
   108.    Delegation of administrative powers of Chief Justice  
   109.    Proceedings arising out of administration of the Federal Circuit and Family Court of Australia (Division 1)  
   110.    Protection of persons involved in handling etc. complaints  
            

CHAPTER 4--Federal Circuit and Family Court of Australia
            

   PART 1--CONSTITUTION

           Division 1--Constitution

   111.    Appointment of Judges  
   112.    Assignment of Judges to Divisions  
   113.    Authorised Judges may manage classes of proceedings  
   114.    Style  
   115.    Oath or affirmation of office  

           Division 2--Terms and conditions of serving Judges

   116.    Remuneration  
   117.    Leave  
   118.    Outside work  
   119.    Other terms and conditions  
   120.    Resignation from office  
   121.    Removal from office  

           Division 3--Disability and death benefits

   122.    Certification of retired disabled Judges  
   123.    Pensions for retired disabled Judges  
   124.    Superannuation for retired disabled Judges  
   125.    Death benefits  
   126.    Relationship definitions  
   127.    Meaning of eligible child  
   128.    Appropriation  

           Division 4--Judges of 2 or more courts

   129.    Dual appointments  

           Division 5--Acting Chief Judge

   130.    Acting Chief Judge  

   PART 2--JURISDICTION

           Division 1--Original jurisdiction

   131.    Original jurisdiction--general  
   132.    Original jurisdiction--family law or child support matters  
   133.    Original jurisdiction--Commonwealth tenancy disputes  

           Division 2--Associated matters

   134.    Jurisdiction in associated matters  

           Division 3--Exercise of jurisdiction

   135.    General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)  
   136.    Exercise of jurisdiction--open court or in Chambers  
   137.    Exercise of jurisdiction  
   138.    Decisions to be final  
   139.    Determination of matter completely and finally  

           Division 4--Certain powers relating to matters of jurisdiction

   140.    Making of orders and issue of writs  
   141.    Declarations of right  
   142.    Contempt of court  
   143.    Summary judgment  

           Division 5--Administration

   144.    Arrangement of business  
   145.    Complaints  
   146.    Exercise of powers of General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)  
   147.    Assignment of Judges to locations or registries  
   148.    Protection for Chief Judge and Deputy Chief Judge  

   PART 3--TRANSFER OF PROCEEDINGS

           Division 1--Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)

   149.    Discretionary transfer of proceedings  
   150.    Transferred proceedings returned to the Federal Circuit and Family Court of Australia (Division 2)  
   151.    Rules of Court  
   152.    Delegation  

           Division 2--Transfer of proceedings to the Federal Court

   153.    Discretionary transfer of proceedings  
   154.    Rules of Court  

   PART 4----APPEALS

   155.    Appeals to the High Court may not be brought  

   PART 5--DISPUTE RESOLUTION FOR PROCEEDINGS OTHER THAN PROCEEDINGS UNDER THE FAMILY LAW ACT 1975

           Division 1--General

   156.    This Part does not apply to proceedings under the Family Law Act 1975  
   157.    Federal Circuit and Family Court of Australia (Division 2) to consider whether to advise people to use dispute resolution processes  
   158.    Federal Circuit and Family Court of Australia (Division 2) to advise people to use dispute resolution processes  
   159.    Duty of legal practitioners to consider whether to advise people to use dispute resolution processes  
   160.    Officers of the Federal Circuit and Family Court of Australia (Division 2) to advise people about dispute resolution processes  
   161.    Conciliation  
   162.    Referral of question of law--dispute resolution process (other than arbitration)  
   163.    Rules of Court about dispute resolution processes  
   164.    Regulations about dispute resolution processes  
   165.    Rules of Court about costs of dispute resolution processes  
   166.    Rules of Court about dispute resolution processes under the Family Law Act 1975  
   167.    Consent orders  

           Division 2--Proceedings other than family law or child support proceedings

   168.    Scope of Division  
   169.    Mediation  
   170.    Arbitration  
   171.    Power of arbitrator to refer question of law to the Federal Circuit and Family Court of Australia (Division 2)  
   172.    Review of arbitration award on a question of law etc.  
   173.    Arbitration awards  

   PART 6--PRACTICE AND PROCEDURE

           Division 1--General

   174.    Practice and procedure  
   175.    Representation  
   176.    Interrogatories and discovery  

           Division 2--Documents filed in the Federal Circuit and Family Court of Australia (Division 2)

   177.    Filing of documents in the Federal Circuit and Family Court of Australia (Division 2)  
   178.    Seal of the Federal Circuit and Family Court of Australia (Division 2)  
   179.    Federal Circuit and Family Court of Australia (Division 2) stamps  
   180.    Writs etc.  
   181.    Proceedings may be instituted by application  
   182.    Limits on length of documents  

           Division 3--Conduct of proceedings

   183.    Place of sitting  
   184.    Change of venue  
   185.    Determination of proceedings without a jury  
   186.    Decisions without oral hearing  
   187.    Limits on the length of oral argument  
   188.    Written submissions  
   189.    Formal defects not to invalidate  

           Division 4--Case management

   190.    Overarching purpose of civil practice and procedure provisions  
   191.    Parties to act consistently with the overarching purpose  
   192.    Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding  
   193.    Chief Judge to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 1)  

           Division 5--Evidence

   194.    Oaths and affirmations  
   195.    Swearing of affidavits etc.  
   196.    Orders and commissions for examination of witnesses  
   197.    Time limits on giving of testimony  
   198.    Federal Circuit and Family Court of Australia (Division 2) may question witnesses  
   199.    Evidence may be given orally or by affidavit  
   200.    Offences by witness  

           Division 6--Use of video links or audio links

   201.    Testimony by video link or audio link  
   202.    Appearance of persons by video link or audio link  
   203.    Making of submissions by video link or audio link  
   204.    Conditions for use of video links and audio links  
   205.    Putting documents to a person by video link or audio link  
   206.    Administration of oaths and affirmations  
   207.    Expenses  
   208.    New Zealand proceedings  

           Division 7--Orders and judgments

   209.    Orders  
   210.    Reserved judgments etc.  
   211.    Interest up to judgment  
   212.    Interest on judgment  
   213.    Enforcement of judgment  

           Division 8--Costs

   214.    Costs  
   215.    Security for costs  

           Division 9--Common approaches with the Federal Circuit and Family Court of Australia (Division 1)

   216.    Chief Judge to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 1)  

           Division 10--Rules of Court

   217.    Rules of Court  
   218.    Consultation  
   219.    Documents  
   220.    Service  
   221.    Evidence  
   222.    Orders and judgments  
   223.    Costs  
   224.    General  
   225.    Incidental matters  

   PART 7--SUPPRESSION AND NON-PUBLICATION ORDERS

           Division 1--Introduction

   226.    Powers of Federal Circuit and Family Court of Australia (Division 2) not affected  
   227.    Other laws not affected  
   228.    This Part does not apply to proceedings under the Family Law Act 1975  

           Division 2--Suppression and non-publication orders

   229.    Safeguarding public interest in open justice  
   230.    Power to make orders  
   231.    Grounds for making an order  
   232.    Procedure for making an order  
   233.    Interim orders  
   234.    Duration of orders  
   235.    Exception for court officials  
   236.    Contravention of order  

   PART 8--VEXATIOUS PROCEEDINGS

           Division 1--Introduction

   237.    Meaning of a person acting in concert  
   238.    Powers of the Federal Circuit and Family Court of Australia (Division 2) not affected  

           Division 2--Vexatious proceedings orders

   239.    Making vexatious proceedings orders  
   240.    Notification of vexatious proceedings orders  

           Division 3--Particular consequences of vexatious proceedings orders

   241.    Proceedings in contravention of vexatious proceedings order  
   242.    Application for leave to institute proceedings  
   243.    Dismissing application for leave  
   244.    Granting application for leave  

   PART 9--MANAGEMENT AND ADMINISTRATION

           Division 1--Management responsibilities of the Chief Judge and the Chief Executive Officer

   245.    Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)  
   246.    Arrangements with other courts  
   247.    Arrangements with agencies or organisations  
   248.    Arrangements for sharing courtrooms and other facilities  
   249.    Advisory committees  

           Division 2--Chief Executive Officer

   250.    Function of Chief Executive Officer  
   251.    Powers of Chief Executive Officer  

           Division 3--Registries and registrars

   252.    Registries  
   253.    Senior Registrars and Registrars  
   254.    Delegation  
   255.    Independence of delegates  
   256.    Review of power exercised by delegate  
   257.    Protection for Registrars  
   258.    Oath or affirmation of office  

           Division 4--Other officers and staff

              Subdivision A--Officers and staff

   259.    Officers of the Federal Circuit and Family Court of Australia (Division 2)  
   260.    Sheriff  
   261.    Deputy Sheriffs  
   262.    Marshal  
   263.    Deputy Marshals  
   264.    Family consultants  
   265.    Staff of the Federal Circuit and Family Court of Australia (Division 2)  

              Subdivision B--Provisions relating to officers and staff

   266.    Arrangements relating to Commonwealth staff  
   267.    Delegation by Registry Managers  
   268.    Authorised persons to assist the Sheriff or Deputy Sheriffs  
   269.    Authorised persons to assist the Marshal or Deputy Marshals  
   270.    Actions by or against Sheriff or Marshal  
   271.    Making arrests under this Chapter or warrants  
   272.    Receivers  

           Division 5--Miscellaneous administrative matters

   273.    Procedural information to be given to unrepresented parties  
   274.    Annual report  
   275.    Delegation of the administrative powers of the Chief Judge  
   276.    Proceedings arising out of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)  
   277.    Protection of persons involved in handling etc. complaints  
            

CHAPTER 5--Miscellaneous
            

   PART 1--ADMINISTRATION OF FAMILY SERVICES

   278.    Chief Executive Officer has functions of family consultants  
   279.    Chief Executive Officer may delegate powers and functions that relate to family consultants  
   280.    Chief Executive Officer may give directions that relate to family services functions  
   281.    Chief Executive Officer may authorise officers or staff members to act as family counsellor or family dispute resolution practitioner  

   PART 2--MISCELLANEOUS

   282.    References in other laws to a Judge of the Federal Circuit and Family Court of Australia  
   283.    References in other laws to a Registrar of the Federal Circuit and Family Court of Australia  
   284.    Review of operation of this Act  
   285.    Regulations  


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