Commonwealth Numbered Acts

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 256

Review of power exercised by delegate

             (1)  A party to proceedings in which a delegate has exercised any of the powers of the Federal Circuit and Family Court of Australia (Division 2) under section 254 may:

                     (a)  within the time prescribed by the Rules of Court; or

                     (b)  within any further time allowed in accordance with the Rules of Court;

apply to the Court for review of that exercise of power.

             (2)  The Federal Circuit and Family Court of Australia (Division 2) may, on application under subsection (1) or on its own initiative, review an exercise of power by a delegate under section 254, 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

             (3)  If:

                     (a)  an application for the exercise of a power referred to in section 254 is to be, or is being, heard by a delegate; and

                     (b)  the delegate considers that it is not appropriate for the application to be determined by a delegate acting under section 254;

the delegate must not hear, or continue to hear, the application and must make appropriate arrangements for the application to be heard by a Judge.



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