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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 224

General

             (1)  The Rules of Court may make provision for or in relation to:

                     (a)  the power, under subsection 191(3), to require a party's lawyer to give the party an estimate of:

                              (i)  the likely duration of a proceeding or part of a proceeding; and

                             (ii)  the likely amount of costs that the party will have to pay in connection with the proceeding or part of the proceeding; and

                     (b)  the power, under subsection 192(1), to give directions about the practice and procedure to be followed in relation to a proceeding or part of a proceeding; and

                     (c)  the power, under subsection 192(3), to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to a proceeding or part of a proceeding; and

                     (d)  trial management; and

                     (e)  the custody of convicted persons; and

                      (f)  the prevention or termination of vexatious proceedings; and

                     (g)  the summary disposal of proceedings; and

                     (h)  authorising the Federal Circuit and Family Court of Australia (Division 2) to refer to an officer of the Court, for investigation, report and recommendation:

                              (i)  claims for, or relating to, any matters before the Court; or

                             (ii)  applications for, or relating to, any matters before the Court; and

                      (i)  authorising an officer making an investigation mentioned in paragraph (h) to:

                              (i)  take evidence on oath or affirmation; and

                             (ii)  receive in evidence a report from a family consultant under section 55A or 62G of the Family Law Act 1975 ; and

                            (iii)  receive in evidence a report from a person who has had dealings with a party to a matter under investigation under section 65F, 65L, 65LA, 70NEB or 70NEG of the Family Law Act 1975 ; and

                      (j)  enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (h) for the purposes of giving evidence or producing books or documents; and

                     (k)  the procedure of the Federal Circuit and Family Court of Australia (Division 2) on receiving a report of an officer who has made an investigation referred to in paragraph (h); and

                      (l)  the appointment, by the Minister, of a guardian ad litem for a party in proceedings; and

                    (m)  both:

                              (i)  the forfeiture of recognisances; and

                             (ii)  the recovery of any money that may be due to the Commonwealth under such recognisances or from any person who has become a surety; and

                     (n)  the attachment of money payable by:

                              (i)  the Commonwealth, a State, a Territory or the Government of a Territory; or

                             (ii)  an authority of the Commonwealth, of a State or of a Territory; and

                     (o)  the death of parties; and

                     (p)  the duties of officers of the Federal Circuit and Family Court of Australia (Division 2).

             (2)  The Rules of Court may make provision for or in relation to:

                     (a)  attendance at family counselling by parties to proceedings under the Family Law Act 1975 ; and

                     (b)  attendance at family dispute resolution by parties to proceedings under the Family Law Act 1975 ; and

                     (c)  the giving of advice and assistance by family consultants to people involved in proceedings under the Family Law Act 1975 ; and

                     (d)  the participation by parties to proceedings under the Family Law Act 1975 in courses, programs and other services that the parties are ordered by the court to participate in; and

                     (e)  the use, for the purposes of proceedings under the Family Law Act 1975 , by the Federal Circuit and Family Court of Australia (Division 2) and officers of the Court in family law or child support proceedings, of reports about the future conduct of the proceedings that have been prepared by persons who dealt with the parties in accordance with Rules of Court made under paragraph (a), (b), (c) or (d).



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