Commonwealth Numbered Acts Commonwealth Numbered Acts1 Subsection 4(1)
Omit ", the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears", substitute "and the applicable Rules of Court".
2 Subsection 4(1)
Repeal the following definitions:
(a) definition of administrative affairs ;
(b) definition of appeal ;
(c) definition of Appeal Division .
3 Subsection 4(1) (definition of applicable Rules of Court )
Repeal the definition, substitute:
"applicable Rules of Court " :
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)--means the Federal Circuit and Family Court of Australia (Division 1) Rules; and
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--means the related Federal Circuit and Family Court of Australia (Division 2) Rules; and
(c) in relation to any other court--means the standard Rules of Court.
4 Subsection 4(1) (definition of Chief Executive Officer )
Repeal the definition, substitute:
"Chief Executive Officer " means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).
5 Subsection 4(1)
Repeal the following definitions:
(a) definition of Chief Justice ;
(b) definition of complaint ;
(c) definition of complaint handler ;
(d) definition of corporate services .
6 Subsection 4(1) (at the end of the definition of court )
Add ", the Federal Circuit and Family Court of Australia Act 2021 , the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 ".
7 Subsection 4(1) (definition of Deputy Chief Justice )
Repeal the definition.
8 Subsection 4(1)
Insert:
"Federal Circuit and Family Court of Australia " means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 .
9 Subsection 4(1)
Repeal the following definitions:
(a) definition of Federal Circuit Court ;
(b) definition of Federal Circuit Court Chief Executive Officer .
10 Subsection 4(1)
Repeal the following definitions:
(a) definition of Full Court ;
(b) definition of General Division ;
(c) definition of handle .
11 Subsection 4(1) (definition of Registrar )
Repeal the definition, substitute:
"Registrar " means:
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)--a Senior Registrar or Registrar of the Court; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--a Senior Registrar or Registrar of the Court; or
(c) in relation to any other court--the principal legal officer of the court or any other appropriate officer of the court.
12 Subsection 4(1) (definition of Registry Manager )
Repeal the definition, substitute:
"Registry Manager " :
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1), means a Registry Manager of the Court; and
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2), means a Registry Manager of the Court; and
(c) in relation to any other court, means the principal officer of the court or any other appropriate officer or staff member of the court.
13 Subsection 4(1)
Insert:
related Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 to the extent to which they relate to this Act.
14 Subsection 4(1)
Repeal the following definitions:
(a) definition of related Federal Circuit Court Rules ;
(b) definition of relevant belief ;
(c) definition of split court .
15 Subsection 4(1A)
Repeal the subsection, substitute:
(1A) In this Act and the applicable Rules of Court, a reference to a Family Court of a State is a reference to a court to which section 41 applies.
16 Subsections 4(2) and (2A)
Omit ", the standard Rules of Court or the related Federal Circuit Court Rules", substitute "or the applicable Rules of Court".
17 Subsection 4(3)
Repeal the subsection, substitute:
(3) To avoid doubt, for all purposes:
(a) jurisdiction under a provision of the Federal Circuit and Family Court of Australia Act 2021 referring to this Act is taken to be jurisdiction under this Act; and
(b) jurisdiction under paragraphs 25(1)(a) and (b) of the Federal Circuit and Family Court of Australia Act 2021 is taken to be jurisdiction under this Act; and
(c) jurisdiction under section 101 of the Child Support (Assessment) Act 1989 and under section 106 of the Child Support (Registration and Collection) Act 1988 is taken to be jurisdiction under this Act; and
(d) jurisdiction under the applicable Rules of Court is taken to be jurisdiction under this Act; and
(e) proceedings transferred under section 51 or 149 of the Federal Circuit and Family Court of Australia Act 2021 referring to this Act are taken to be proceedings under this Act; and
(f) proceedings under the applicable Rules of Court are taken to be proceedings under this Act; and
(g) an order (however described) made by a court under the applicable Rules of Court is taken to be an order made by the court under this Act.
18 Subsection 8(1)
Repeal the subsection, substitute:
(1) After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act.
19 Section 9
Repeal the section.
20 Paragraphs 10C(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family counsellor; or
21 Paragraphs 10G(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family dispute resolution practitioner; or
22 Section 10P
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
23 Section 11B (note)
Omit "See Division 1A of Part IVA of this Act", substitute "See Part 1 of Chapter 5 of the Federal Circuit and Family Court of Australia Act 2021 ".
24 Subsection 11C(1) (note 1)
Omit "subsection 38BD(3)", substitute " subsection 281(3) of the Federal Circuit and Family Court of Australia Act 2021 ".
25 Section 11D
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 1)".
26 Subparagraphs 11E(1)(e)(i) and (ia)
Repeal the subparagraphs, substitute:
(i) if the court is the Federal Circuit and Family Court of Australia--a family consultant nominated by the Chief Executive Officer; or
27 Subparagraph 11E(1)(e)(iii)
Omit ", (ia)".
28 Section 13G (heading)
Omit " Family Court and Federal Circuit Court ", substitute " Federal Circuit and Family Court of Australia (Division 2) ".
29 Paragraphs 13G(1)(a), (b) and (c)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
(b) a single judge of the Family Court of a State.
30 Subsection 13G(3)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
31 Section 13J (heading)
Omit " Family Court or Federal Circuit Court ", substitute " Federal Circuit and Family Court of Australia (Division 2) ".
32 Paragraphs 13J(1)(a), (b) and (c)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
(b) a single judge of the Family Court of a State.
33 Subsection 13J(2)
Omit "Federal Circuit Court of Australia" (wherever occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)".
34 Section 13K (heading)
Omit " Family Court and Federal Circuit Court ", substitute " Federal Circuit and Family Court of Australia ".
35 Paragraphs 13K(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
36 Parts IV and IVA
Repeal the Parts.
37 Paragraph 39(1)(a)
Repeal the paragraph, substitute:
(a) in the Federal Circuit and Family Court of Australia (Division 2); or
38 Subsection 39(1A)
Repeal the subsection.
39 Subsection 39(5)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
40 Paragraph 39(5)(b)
Repeal the paragraph.
41 Paragraph 39(5)(d)
Repeal the paragraph, substitute:
(d) proceedings are instituted under:
(i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or
(ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or
(iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or
42 Subsections 39(5AA) and (5A)
Repeal the subsections.
43 Paragraph 39(6)(b)
Repeal the paragraph.
44 Paragraph 39(6)(d)
Repeal the paragraph, substitute:
(d) proceedings are instituted under:
(i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or
(ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or
(iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or
45 Paragraphs 39A(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
46 Paragraphs 39B(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); and
47 Subsection 39B(1) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: The exercise of this jurisdiction by the Federal Circuit and Family Court of Australia (Division 2) is subject to section 40.
48 Section 39G
Repeal the section, substitute:
39G Jurisdiction in relation to transferred matters under other Commonwealth laws
If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act or the Federal Circuit and Family Court of Australia Act 2021 to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter.
49 Section 40 (heading)
Omit " Family Court ", substitute " Federal Circuit and Family Court of Australia (Division 2) ".
50 Subsection 40(1)
Omit "Family Court under this Act", substitute "Federal Circuit and Family Court of Australia (Division 2) under this Act or the Federal Circuit and Family Court of Australia Act 2021 ".
51 Subsection 40(6)
Omit all the words after "have been instituted in", substitute "the Federal Circuit and Family Court of Australia (Division 2), may apply to that Court for an order transferring the proceedings to the Court, and the Court may order accordingly".
52 Subsection 40(7)
Omit "standard Rules of Court", substitute "Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules".
53 Section 40A
Repeal the section.
54 Subsection 41(3)
Omit ", 46, 94 and 96", substitute ", 46, 47A and 47B of this Act and subsection 26(1) of the Federal Circuit and Family Court of Australia Act 2021 ".
55 Subsection 41(5)
Omit "standard Rules of Court", substitute "applicable Rules of Court".
56 Subsection 43(1)
Omit "The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction,", substitute "A court exercising jurisdiction under this Act must, in the exercise of that jurisdiction,".
57 Subparagraph 44(1B)(a)(ii)
Omit "Family Court, the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
58 Subparagraph 44(1B)(a)(iii)
Omit "Family Court, the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
59 Subsection 45(1)
Omit "or are being continued in accordance with any of the provisions of section 9 and it appears to that court that other proceedings that have been so instituted or are being so continued", substitute "and it appears to that court that other proceedings that have been so instituted".
60 Subsection 45(2)
Omit "or are being continued in accordance with any of the provisions of section 9".
61 Paragraphs 45(2)(a) and (b)
Repeal the paragraphs, substitute:
(a) the first-mentioned court is the Federal Circuit and Family Court of Australia (Division 1) and the other court is the Federal Circuit and Family Court of Australia (Division 2); or
(b) the first-mentioned court is the Federal Circuit and Family Court of Australia (Division 2) and the other court is the Federal Circuit and Family Court of Australia (Division 1).
62 Subsection 45(2) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: For transfers from the Federal Circuit and Family Court of Australia (Division 1) to the Federal Circuit and Family Court of Australia (Division 2), see section 52 of the Federal Circuit and Family Court of Australia Act 2021 .
Note 2: For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1), see sections 51 and 149 of the Federal Circuit and Family Court of Australia Act 2021 .
63 Subparagraphs 46(1)(a)(i) to (iii)
Repeal the subparagraphs, substitute:
(i) the Federal Circuit and Family Court of Australia (Division 2); or
(ii) a Family Court of a State; or
(iii) the Supreme Court of a State or Territory; and
64 Subparagraphs 46(1)(b)(i) to (iii)
Repeal the subparagraphs, substitute:
(i) the Federal Circuit and Family Court of Australia (Division 2); or
(ii) a Family Court of a State; or
(iii) the Supreme Court of a State or Territory.
65 Paragraphs 46(1C)(a) to (c)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
(b) a Family Court of a State; or
(c) the Supreme Court of a State or Territory.
66 Paragraphs 46(2A)(c) to (e)
Repeal the paragraphs, substitute:
(c) the Federal Circuit and Family Court of Australia (Division 2); or
(d) a Family Court of a State; or
(e) the Supreme Court of a State or Territory.
67 Subsection 46(3A)
Omit ", or continued under section 9,".
68 Paragraphs 46(3A)(a) to (c)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2);
(b) a Family Court of a State;
(c) the Supreme Court of a State or Territory;
69 At the end of Part V
Add:
47A Appeals from courts of summary jurisdiction
(1) Subject to section 47B, an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:
(a) this Act; or
(b) the Child Support (Assessment) Act 1989 ; or
(c) the Child Support (Registration and Collection) Act 1988 ;
to:
(d) the Federal Circuit and Family Court of Australia (Division 1); or
(e) the Supreme Court of that State or Territory.
(2) Subsection (1) does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
(3) An appeal under subsection (1) must be instituted within:
(a) in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 1):
(i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or
(ii) such further time as is allowed in accordance with those Rules; and
(b) in any other case:
(i) the time prescribed by the standard Rules of Court; or
(ii) such further time as is allowed in accordance with those Rules.
(4) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act, in respect of which appeals are instituted under this section.
Note: For jurisdiction in relation to child support legislation, see section 101 of the Child Support (Assessment) Act 1989 and section 106 of the Child Support (Registration and Collection) Act 1988 .
(5) The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes.
(6) The court hearing an appeal under this section:
(a) must proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and
(b) must have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which may be given:
(i) by affidavit; or
(ii) by oral examination before the court; or
(iii) as provided for in Division 2 of Part XI; and
(c) may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.
Decrees made in section 69GA proceedings treated like decrees of courts of summary jurisdiction
(7) This section applies in relation to a decree of a court made in section 69GA proceedings in the same way as this section would apply in relation to a decree of a court of summary jurisdiction.
47B Leave to appeal needed for child support matters
(1) Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:
(a) the Child Support (Assessment) Act 1989 ; or
(b) the Child Support (Registration and Collection) Act 1988 .
(2) Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under:
(a) the Child Support (Assessment) Act 1989 ; or
(b) the Child Support (Registration and Collection) Act 1988 .
(3) An application for leave to appeal must be made within:
(a) in the case of leave of the Federal Circuit and Family Court of Australia (Division 1):
(i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or
(ii) such further time as is allowed in accordance with those Rules; and
(b) in any other case:
(i) the time prescribed by the standard Rules of Court; or
(ii) such further time as is allowed in accordance with those Rules.
(4) The applicable 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.
47C Appeal may be dismissed if no reasonable prospect of success
(1) If:
(a) an appeal has been instituted in a court under this Division; and
(b) it appears to the court that the appeal has no reasonable prospect of success;
the court may, at any time, order that the proceedings on the appeal be dismissed.
(2) This section does not limit any powers that the court has apart from this section.
47D Appeals to High Court may not be brought
(1) An appeal must not be brought directly to the High Court from a decree of the following courts exercising jurisdiction under this Act:
(a) a court of summary jurisdiction of a State or Territory;
(b) a Family Court of a State;
(c) a Supreme Court of a State or Territory constituted by a single Judge.
Note: In relation to the Federal Circuit and Family Court of Australia, see sections 55 and 155 of the Federal Circuit and Family Court of Australia Act 2021 .
(2) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words ", except by special leave of the High Court" were inserted after the words "this Act" in subsection (1).
47E Regulations to be sole source of certain appellate jurisdiction
Despite the provisions of this Division, a court has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C only as provided by those regulations.
70 Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal )
Repeal the paragraphs, substitute:
(d) a review by the Federal Circuit and Family Court of Australia (Division 1) of the making, by the Chief Executive Officer, or a Senior Registrar or Registrar of that Court, of:
(i) the divorce order; or
(ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or
(iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or
(e) a review by the Federal Circuit and Family Court of Australia (Division 2) of the making, by the Chief Executive Officer, or a Senior Registrar or Registrar of that Court, of:
(i) the divorce order; or
(ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or
(iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or
71 Subsection 56(2)
Omit all the words after "certificate", substitute:
that certifies that the divorce order has taken effect and is signed by:
(a) if the court is the Federal Circuit and Family Court of Australia (Division 1)--the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or
(b) if the court is the Federal Circuit and Family Court of Australia (Division 2)--the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or
(c) in relation to any other court--the Registrar of that court.
72 At the end of Part VI
Add:
60 No appeal after divorce order takes effect
An appeal does not lie from a divorce order after the order takes effect.
73 Subsection 60F(5) (definition of this Act )
Repeal the definition, substitute:
"this Act " includes the applicable Rules of Court.
74 Section 60G (heading)
Omit " Family Court may grant leave ", substitute " Leave may be granted ".
75 Subsection 60G(1)
Omit "Family Court" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)".
76 Subsection 60H(6) (definition of this Act )
Repeal the definition, substitute:
"this Act " includes the applicable Rules of Court.
77 Subsection 60HA(4) (definition of this Act )
Repeal the definition, substitute:
"this Act " includes the applicable Rules of Court.
78 Subsection 60HB(2) (definition of this Act )
Repeal the definition, substitute:
"this Act " includes the applicable Rules of Court.
79 Subsections 60I(2) to (5)
Repeal the subsections.
80 Subsection 60I(6) (heading)
Repeal the heading, substitute:
Applications for a Part VII order
81 Paragraph 60J(1)(a)
Omit "subsections 60I(5) and (6)", substitute "subsection 60I(6)".
82 Subsection 64B(9) (definition of this Act )
Repeal the definition, substitute:
"this Act " includes the applicable Rules of Court.
83 Subsection 65D(3) (note)
Repeal the note, substitute:
Note 1: The applicant may apply to the Federal Circuit and Family Court of Australia (Division 1) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 2): see section 52 of the Federal Circuit and Family Court of Australia Act 2021 .
Note 2: The applicant may apply to the Federal Circuit and Family Court of Australia (Division 2) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 1): see section 149 of the Federal Circuit and Family Court of Australia Act 2021 .
Note 3: Proceedings may also be transferred from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1) by order of the Chief Justice: see section 51 of the Federal Circuit and Family Court of Australia Act 2021 .
84 Subsection 67Z(2)
Omit "the prescribed form", substitute "an approved form".
85 Subsection 67Z(4)
Insert:
"approved form " means a form approved for the purposes of this section under the applicable Rules of Court.
86 Subsection 67Z(4) (definition of prescribed form )
Repeal the definition.
87 Paragraph 67ZA(1)(a)
Repeal the paragraph, substitute:
(a) the Chief Executive Officer; or
(aa) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or
(ab) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); or
88 Paragraph 67ZA(1)(c)
Repeal the paragraph.
89 Subsection 67ZBA(2)
Omit "the prescribed form", substitute "an approved form".
90 Subsection 67ZBA(4)
Insert:
"approved form " means a form approved for the purposes of this section under the applicable Rules of Court.
91 Subsection 67ZBA(4) (definition of prescribed form )
Repeal the definition.
92 Section 69H (heading)
Repeal the heading, substitute:
93 Subsection 69H(1)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
94 Subsection 69H(4)
Repeal the subsection.
95 Paragraphs 69N(2)(a) to (d) and (3)(a) to (d)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
(b) the Family Court of a State; or
(c) the Supreme Court of the Northern Territory.
96 Subparagraphs 69N(5)(b)(i) to (iv)
Repeal the subparagraphs, substitute:
(i) the Federal Circuit and Family Court of Australia (Division 2); or
(ii) the Family Court of a State; or
(iii) the Supreme Court of the Northern Territory.
97 Paragraphs 69N(6)(a) to (d)
Repeal the paragraphs, substitute:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
(b) the Family Court of a State; or
(c) the Supreme Court of the Northern Territory.
98 Section 69ZO
Repeal the section, substitute:
69ZO This Division also applies to proceedings in Chambers
The following persons, when hearing child-related proceedings in Chambers, have all of the duties and powers that a court has under this Division:
(a) in the case of the Federal Circuit and Family Court of Australia (Division 1)--a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court;
(b) in the case of the Federal Circuit and Family Court of Australia (Division 2)--a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court;
(c) in any other case--a Judge, Registrar or magistrate.
Note: An order made in Chambers has the same effect as an order made in open court.
99 Subsection 69ZR(3)
Omit "a judge, Judicial Registrar, Registrar or magistrate", substitute "a person".
100 Section 70M (heading)
Omit " Registrar ", substitute " Registry Manager ".
101 Paragraph 70NFD(a)
Omit "Family Court or the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2)".
102 Paragraph 70NFD(b)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia".
103 Subsection 79(9)
Omit "Family Court" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 1)".
104 Paragraph 79(9)(a)
Repeal the paragraph, substitute:
(a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate:
(i) in the case of the Federal Circuit and Family Court of Australia (Division 1)--with the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or
(ii) in the case of the Family Court of that State--with a Senior Registrar or Registrar of that Family Court; or
105 Paragraph 79H(3)(c)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
106 Subsection 90SM(9)
Omit "Family Court" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 1)".
107 Paragraph 90SM(9)(a)
Repeal the paragraph, substitute:
(a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or
108 Paragraph 90SQ(3)(c)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
109 Part X
Repeal the Part.
110 Subsection 97(1)
Omit "Family Court, in the Federal Circuit Court of Australia,", substitute "Federal Circuit and Family Court of Australia".
111 Subsection 97(1A)
Omit all the words after "heard", substitute:
by:
(a) in the case of the Federal Circuit and Family Court of Australia (Division 1)--a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court, sitting in Chambers; and
(b) in the case of the Federal Circuit and Family Court of Australia (Division 2)--a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court, sitting in Chambers; and
(c) in any other case--a Judge, Registrar or magistrate sitting in Chambers.
112 Subsection 97(2)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia".
113 Subsection 98(1)
Omit "(1)".
114 Subsection 98(1)
Omit "standard Rules of Court", substitute "applicable Rules of Court".
115 Subsection 98(2)
Repeal the subsection (including the note).
116 Sections 98AA and 98AB
Repeal the sections.
117 Subsection 100B(2)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia".
118 Subsection 102F(7) (definition of courtroom )
Repeal the definition, substitute:
"courtroom " , in relation to a Judge or a court, means the courtroom or other place where the Judge or court is sitting.
119 Subsection 102G(2)
Omit "(that is not a split court)".
120 Subsection 102G(3)
Repeal the subsection.
121 Section 102H
Repeal the section.
122 Subsection 102J(1)
Omit "(1)".
123 Subsection 102J(2)
Repeal the subsection.
124 Paragraph 102K(1)(c)
Omit "Division; or", substitute "Division.".
125 Paragraph 102K(1)(d)
Repeal the paragraph.
126 Division 3 of Part XI
Repeal the Division.
127 Division 4 of Part XI (heading)
Repeal the heading, substitute:
Division 3 -- Cross-examination of parties where allegations of family violence
128 Subsection 102Q(1) (paragraphs (a) and (b) of the definition of appropriate court official )
Repeal the paragraphs, substitute:
(a) in relation to the Federal Circuit and Family Court of Australia--the Chief Executive Officer; and
129 Subsection 105(1) (note)
Repeal the note.
130 Subsection 109A(1)
Omit "the Judges, or a majority of them,", substitute "the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)".
131 Subsection 109A(5) (note)
Repeal the note.
132 After section 109A
Insert:
(1) Section 109A applies to the making of Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 in a corresponding way to the way in which it applies to the making of Rules of Court under section 123 of this Act.
(2) For the purposes of the application of section 109A in accordance with subsection (1) of this section:
(a) the reference in subsection 109A(1) to the court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and
(b) each reference in subsection 109A(2) to a court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and
(c) each reference in subsection 109A(2) to a Registrar is to be read as a reference to the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1).
(3) Section 109A has no effect in relation to the Federal Circuit and Family Court of Australia (Division 1) except as provided by subsections (1) and (2) of this section.
133 Section 109B (heading)
Omit " Federal Circuit Court ", substitute " Federal Circuit and Family Court of Australia (Division 2) ".
134 Subsection 109B(1)
Omit " section 81 of the Federal Circuit Court of Australia Act 1999 ", substitute "Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 ".
135 Paragraphs 109B(2)(a) and (b)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
136 Paragraph 109B(2)(c)
Omit "a Registrar of the Federal Circuit Court of Australia", substitute "the Chief Executive Officer, or a Registrar of the Federal Circuit and Family Court of Australia (Division 2)".
137 Subsection 109B(3)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
138 At the end of subsection 111C(5)
Add "or the Federal Circuit and Family Court of Australia Act 2021 ".
139 Subsection 111C(7A)
Omit "the Judges, or a majority of them,", substitute "the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)".
140 After subsection 111C(7A)
Insert:
(7B) The power of the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.
(7C) The power of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.
141 Paragraph 111CV(1A)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer; and
(ba) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and
(bb) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); and
142 Paragraph 111CV(1A)(d)
Repeal the paragraph.
143 Section 112AA (definition of applicable Rules of Court )
Repeal the definition.
144 Subsection 112AK(1)
Repeal the subsection, substitute:
(1) Subject to this section, an order made under section 112AD may be varied or discharged by the court that made the order or the Federal Circuit and Family Court of Australia.
145 Subsection 115(2)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia".
146 At the end of subsection 117(2)
Add:
Note 1: For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 1), see paragraphs 69(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2021 .
Note 2: For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 2), see paragraphs 192(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2021 .
147 Subsection 121(10) (note)
Omit "26B, 37A,".
148 After section 122
Insert:
122AAA Protection of Registrars conducting conferences about property matters
(1) In conducting a conference that:
(a) is with the parties to property settlement proceedings; and
(b) relates to the matter to which the proceedings relate;
a Registrar of a Family Court of a State has the same protection and immunity as a Judge of the Court has in performing the functions of a Judge.
(2) This section does not limit any other protection or immunity such a Registrar has (in relation to such a conference or otherwise).
149 Subsection 122A(1)
Omit ", the standard Rules of Court or the related Federal Circuit Court Rules", substitute "or the applicable Rules of Court".
150 Paragraphs 122A(1)(a) and (b)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 1)".
151 Paragraphs 122A(1)(c) and (d)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
152 Subsection 123(1)
Omit "Judges, or a majority of them,", substitute "Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)".
153 Subsection 123(1)
Omit "in the Family Court and, subject to subsection 69GA(3), any other courts", substitute ", subject to subsection 69GA(3), in a court".
154 Subsection 123(1)
Omit "those courts", substitute "the court".
155 Paragraph 123(1)(b)
Omit "the Family Court or another court", substitute "a court".
156 Paragraphs 123(1)(bb), (c) and (d)
Repeal the paragraphs.
157 Paragraph 123(1)(f)
Omit "the Family Court and in any other court", substitute "a court".
158 Paragraph 123(1)(ma)
Omit "Divisions 2 and 3", substitute "Division 2".
159 Subparagraph 123(1)(sda)(i)
Omit "subsection 38BD(1) of this Act", substitute " subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021 ".
160 Subparagraph 123(1)(sdb)(i)
Omit "subsection 38BD(2) of this Act", substitute " subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021 ".
161 Paragraph 123(1)(sea)
Omit "subsection 38BD(1) of this Act", substitute " subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021 ".
162 Paragraph 123(1)(seb)
Omit "subsection 38BD(2) of this Act", substitute " subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021 ".
163 At the end of subsection 123(1)
Add:
Note 1: For other powers to make Rules of Court, see section 109A and subsection 111C(7A).
Note 2: The power to make Rules of Court under this section will be amended 18 months after the commencement of the Federal Circuit and Family Court of Australia Act 2021 , to provide for the Rules to be made by the Judges of the Federal Circuit and Family Court of Australia (Division 1), or a majority of them (see Part 4 of Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 ).
164 Subsection 123(1A)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia".
165 Subsection 123(2)
Omit "made by Judges under this section or any other Act", substitute "made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this section or any other Act (other than the Federal Circuit and Family Court of Australia Act 2021 )".
166 Paragraph 123(2)(b)
Repeal the paragraph.
167 Subsection 123(2A)
Omit "made by Judges under this or any other Act", substitute "made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this Act".
168 Subsection 123(3)
Repeal the subsection (including the note).
169 Subsection 124(1)
Omit "Family Court of Australia" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 1), such Judges of the Federal Circuit and Family Court of Australia (Division 2)".
170 Subsection 124(1)
Omit "Family Court of Australia" (second occurring), substitute "Federal Circuit and Family Court of Australia (Division 1)".
171 Subsection 124(2)
Omit "the Judges referred to in section 123", substitute "the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)".
172 Subsection 124(2)
Omit "those Judges", substitute "the Chief Justice of the Court".
173 Subsection 124(6)
Omit "Family Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 1)".
174 Paragraph 125(1)(ba)
Repeal the paragraph.
175 Paragraph 125(1)(baa)
Omit "the Family Court and any other court", substitute "a court".
176 Paragraph 125(1)(ca)
Repeal the paragraph.
177 Paragraphs 125(1)(d) and (e)
Omit "and fees prescribed under paragraph (ca)".
Federal Court of Australia Act 1976
178 Section 4 (definition of administrative affairs )
Repeal the definition, substitute:
"administrative affairs " :
(a) of the Court--has a meaning affected by subsection 18A(1A) of this Act; and
(b) of the Federal Circuit and Family Court of Australia (Division 1)--has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and
(c) of the Federal Circuit and Family Court of Australia (Division 2)--has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court.
179 Section 4
Insert:
"Chief Executive Officer of the Federal Circuit and Family Court of Australia " means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).
180 Section 4 (definition of corporate services )
Repeal the definition, substitute:
"corporate services " :
(a) of the Court--has the meaning given by subsection 18A(1B) of this Act; and
(b) of the Federal Circuit and Family Court of Australia (Division 1)--has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and
(c) of the Federal Circuit and Family Court of Australia (Division 2)--has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court.
181 Section 4 (definition of Family Court Chief Executive Officer )
Repeal the definition.
182 Section 4
Insert:
"family law or child support proceeding " means a proceeding under:
(a) the Family Law Act 1975 ; or
(b) the Child Support (Assessment) Act 1989 ; or
(c) the Child Support (Registration and Collection) Act 1988 (other than a proceeding under section 72Q of that Act).
"Federal Circuit and Family Court of Australia " means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
183 Section 4
Repeal the following definitions:
(a) definition of Federal Circuit Court ;
(b) definition of Federal Circuit Court Chief Executive Officer .
184 Subsection 6(2)
Repeal the subsection, substitute:
(2) A person is not to be appointed as a Judge unless:
(a) the person:
(i) is or has been a Judge of a prescribed court or of a court of a State; or
(ii) has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and
(b) the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court.
185 After section 13
Insert:
13A Authorised Judges may manage classes of proceedings
(1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:
(a) in the instrument; or
(b) by the Rules of Court.
(2) In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.
(3) A Judge may be authorised even though the Judge is not assigned to a Division.
(4) 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.
(5) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
186 Subsection 15(1AAA)
After "another Judge", insert "of the Court".
187 Section 15A
Repeal the section.
188 After paragraph 18A(1B)(e)
Insert:
(ea) records management;
(eb) administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;
189 After paragraph 18A(1B)(h)
Insert:
(ha) court security;
190 After paragraph 18N(1)(d)
Insert:
(da) the Marshal of the Court;
(db) such Deputy Marshals of the Court as are necessary;
191 Subsection 18N(4)
Omit "and the Marshals", substitute ", the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988 ".
192 Subsection 18N(5)
Omit "and the Marshals", substitute ", the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988 ".
193 At the end of Division 3 of Part IIA
Add:
(1) The Marshal of the Court is responsible for:
(a) the security of the Court; and
(b) the personal security of the Judges and officers and staff of the Court.
(2) The Marshal of the Court is also responsible for:
(a) taking, receiving and detaining all persons committed to the Marshal's custody by the Court; and
(b) discharging such persons when so directed by the Court or otherwise required by law.
A Deputy Marshal of the Court may, subject to any directions of the Marshal of the Court, exercise or perform any of the powers or functions of the Marshal.
18PC Authorised persons to assist the Marshal or Deputy Marshals
(1) The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.
(2) A Deputy Marshal of the Court may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.
194 Paragraphs 18Z(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 1);
(c) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 2).
195 Paragraphs 18Z(3)(b) to (e)
Repeal the paragraphs, substitute:
(b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1);
(c) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2);
(d) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
196 Subsection 18Z(5)
Repeal the subsection, substitute:
(5) When performing functions, or exercising powers, under this section, before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table:
(a) the Chief Executive Officer must consult the person or persons mentioned in that item about the decision; and
(b) either:
(i) the person or persons mentioned in that item must consent to the decision; or
(ii) the Attorney-General must consent to the decision, after the Attorney-General has consulted the person or persons mentioned in that item about the decision.
| Consultation about expenditure relating to administrative affairs | ||
| Item | Court | Persons to be consulted |
|
1 | The Court | The Chief Justice |
| 2 | The Federal Circuit and Family Court of Australia (Division 1) | Both: (a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and (b) the Chief Justice of the Court |
| 3 | The Federal Circuit and Family Court of Australia (Division 2) | Both: (a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and (b) the Chief Justice of the Court |
197 Subparagraphs 18ZB(a)(iv) to (ix)
Repeal the subparagraphs, substitute:
(iv) the Chief Executive Officer of the Federal Circuit and Family Court of Australia;
(v) the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 103(1) of the Federal Circuit and Family Court of Australia Act 2021 ;
(vi) the staff of the Registries of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 103(6) of the Federal Circuit and Family Court of Australia Act 2021 ;
(vii) the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 259 of the Federal Circuit and Family Court of Australia Act 2021 ;
(viii) the staff of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 265 of the Federal Circuit and Family Court of Australia Act 2021 ;
198 Subparagraphs 18ZB(e)(ii) and (iii)
Repeal the subparagraphs, substitute:
(ii) the functions of the Chief Executive Officer of the Federal Circuit and Family Court of Australia under sections 84, 250 and 278 of the Federal Circuit and Family Court of Australia Act 2021 ;
199 Section 18ZC
Repeal the section, substitute:
18ZC Delegation of powers etc. under the finance law
Section 110 of the Public Governance, Performance and Accountability Act 2013 applies as if:
(a) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)--a reference to an official were a reference to:
(i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or
(ii) the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi) of this Act, being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer of the Federal Circuit and Family Court of Australia; and
(b) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)--a reference to an official were a reference to:
(i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or
(ii) the holder of an office or position referred to in subparagraph 18ZB(a)(vii) or (viii) of this Act, being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
200 Subparagraphs 18ZD(1)(b)(ii) to (iv)
Repeal the subparagraphs, substitute:
(ii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1); or
(iii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2); or
(iv) the corporate services of the Court, the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2), as referred to in subsection 18Z(1); and
201 Subsections 18ZD(2) and (3)
Repeal the subsections, substitute:
(2) Before spending a part of the outcome amount for another outcome for the listed entity, if the outcome amount relates to the administrative affairs of a court mentioned in an item of the following table, the Chief Executive Officer must:
(a) consult the person or persons mentioned in that item about the spending; and
(b) obtain the consent of:
(i) the person or persons mentioned in that item to the spending; or
(ii) the Attorney-General to the spending.
| Consultation about spending | ||
| Item | Court | Persons to be consulted |
| 1 |
The Court | The Chief Justice |
| 2 | The Federal Circuit and Family Court of Australia (Division 1) | Both: (a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and (b) the Chief Justice of the Court |
| 3 | The Federal Circuit and Family Court of Australia (Division 2) | Both: (a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and (b) the Chief Justice of the Court |
202 Subparagraphs 18ZE(2)(b)(ii) and (iii)
Repeal the subparagraphs, substitute:
(iii) sections 103 and 253, subsections 260(1), 261(1), 262(1) and 263(1), and sections 264 and 265 of the Federal Circuit and Family Court of Australia Act 2021 ;
203 Sections 18ZF and 18ZG
Repeal the sections, substitute:
18ZF Making arrangements relating to APS employees
(1) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 1), or staff of the Registries of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 84 and 278 of the Federal Circuit and Family Court of Australia Act 2021 .
(2) While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of:
(a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and
(b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(3) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 2), or staff of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 250 and 278 of the Federal Circuit and Family Court of Australia Act 2021 .
(4) While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of:
(a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and
(b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
18ZG Delegation of powers etc. under the Public Service Act 1999
Section 78 of the Public Service Act 1999 applies, in relation to the administrative affairs of the Federal Circuit and Family Court of Australia, as if the reference in subsection (7) to another person were a reference to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
204 Paragraphs 18ZH(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in paragraphs 103(1)(a) to (e) of the Federal Circuit and Family Court of Australia Act 2021 ;
(c) the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in paragraphs 259(1)(a) to (g) of the Federal Circuit and Family Court of Australia Act 2021 ;
205 Subsections 18ZH(2) and (3)
Repeal the subsections, substitute:
(2) The Chief Executive Officer may delegate the Chief Executive Officer's powers under paragraph (1)(b) or (c) to appoint any or all of the officers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(3) The appointment of a person to more than one office, or an office or offices of more than one court, mentioned in subsection (1) may be made in a single instrument.
206 Paragraphs 18ZI(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) the Federal Circuit and Family Court of Australia (Division 1); or
(c) the Federal Circuit and Family Court of Australia (Division 2); or
207 Subsections 18ZI(4) and (5)
Repeal the subsections, substitute:
(4) The Chief Executive Officer may delegate the Chief Executive Officer's powers under subsections (1) and (2) in relation to the Federal Circuit and Family Court of Australia to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
208 Section 18ZJ
Repeal the section, substitute:
18ZJ Subdelegation of powers under this Division
(1) If, under subsection 18ZH(2) or 18ZI(4), the Chief Executive Officer delegates any powers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia, the Chief Executive Officer of the Federal Circuit and Family Court of Australia may, in writing, delegate all or any of those powers to:
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)--the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi); or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--the holder of an office or position referred to in subparagraph 18ZB(a)(vii) or (viii).
(2) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to a delegation under section 18ZH or 18ZI.
209 Section 18ZK
Repeal the section, substitute:
18ZK Officers of the Court and the Federal Circuit and Family Court of Australia
(1) A person may be an officer of one or more of the following courts:
(a) the Court;
(b) the Federal Circuit and Family Court of Australia (Division 1);
(c) the Federal Circuit and Family Court of Australia (Division 2).
(2) Subsection (1) has effect despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2021 .
210 Paragraphs 24(1)(d) and (e)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
211 Subsection 25(1AA)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
212 Paragraph 29(1)(a)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
213 Section 32AA (heading)
Omit " Federal Circuit Court ", substitute " Federal Circuit and Family Court of Australia (Division 2) ".
214 Paragraphs 32AA(1)(a) and (b)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
215 Paragraph 32AA(2)(b)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
216 Section 32AB (heading)
Omit " Federal Circuit Court ", substitute " Federal Circuit and Family Court of Australia ".
217 Subsections 32AB(1), (3), (4), (5) and (6)
Omit "Federal Circuit Court" (wherever occurring), substitute "Federal Circuit and Family Court of Australia".
218 Subsection 32AB(7)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia".
219 Subsection 32AB(8A)
Repeal the subsection, substitute:
(8A) The Federal Circuit and Family Court of Australia (Division 1) has jurisdiction in a matter that:
(a) is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 1) under this section; and
(b) is a matter in which the Federal Circuit and Family Court of Australia (Division 1) does not have jurisdiction apart from this subsection.
To avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) under this subsection is not subject to limits set by another provision.
(8B) The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction in a matter that:
(a) is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 2) under this section; and
(b) is a matter in which the Federal Circuit and Family Court of Australia (Division 2) does not have jurisdiction apart from this subsection.
To avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under this subsection is not subject to limits set by another provision.
220 After section 32AB
Insert:
(1) If:
(a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and
(b) the proceeding is not a family law or child support proceeding;
the Court may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court.
(2) The Court may transfer a proceeding:
(a) on the application of a party to the proceeding; or
(b) on its own initiative.
(3) The Rules of Court may make provision in relation to transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) under this section.
(4) In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2).
(5) Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Circuit and Family Court of Australia (Division 2).
(6) In deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2), the Court must have regard to:
(a) any Rules of Court made for the purposes of subsection (4); and
(b) whether proceedings in respect of an associated matter are pending in the Court; and
(c) whether the resources of the Court are sufficient to hear and determine the proceeding; and
(d) the interests of the administration of justice.
(7) An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under this section.
(8) The Court has jurisdiction in a matter that:
(a) is the subject of a proceeding transferred to the Court under this section; and
(b) is a matter in which the Court does not have jurisdiction apart from this subsection.
To avoid doubt, the Court's jurisdiction under this subsection is not subject to limits set by another provision.
(9) This section does not apply to criminal proceedings.
(10) This section does not apply to proceedings of a kind specified in the regulations.
(1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order under subsection 153(1) of the Federal Circuit and Family Court of Australia Act 2021 transferring a proceeding to the Court, the Court may, by order, confirm the transfer of the proceeding to the Court.
Note: The transfer of a proceeding takes effect on the day the Court makes an order under this section in relation to the proceeding: see subsection 153(4) of the Federal Circuit and Family Court of Australia Act 2021 .
(2) The Court may, in its discretion, receive further evidence to decide whether to make an order under subsection (1). Such evidence may be taken in any of the ways mentioned in section 27.
(3) The Court has jurisdiction in a matter that:
(a) is the subject of a proceeding transferred to the Court by the Federal Circuit and Family Court of Australia (Division 2); and
(b) is a matter in which the Court does not have jurisdiction apart from this subsection.
To avoid doubt, the Court's jurisdiction under this subsection is not subject to limits set by another provision.
(4) An appeal does not lie from a decision of the Court in relation to an order made under subsection (1) confirming the transfer of a proceeding.
221 Subsections 34(1) and (2)
Omit "The Governor-General shall", substitute "The Minister must".
222 Subsection 34(2)
Omit "Governor-General" (second occurring), substitute "Minister".
223 Subsection 49(2)
Repeal the subsection, substitute:
(2) If:
(a) the Court reserves judgment in a proceeding; and
(b) a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares orders and reasons;
those orders and reasons may be made public by another Judge on behalf of the Judge who heard the proceeding or as otherwise provided for by the Rules of Court.
(2A) If:
(a) the Court reserves reasons for its decision in a proceeding; and
(b) a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares reasons;
those reasons may be made public by another Judge on behalf of the Judge who heard the proceeding or as otherwise provided for by the Rules of Court.
224 Subsection 49(3)
Omit "subsection (2)", substitute "this section".
225 After section 55
Insert:
55AA Actions by or against Marshal
If the Marshal or a Deputy Marshal is a party to a proceeding in the Court:
(a) all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Marshal must be directed to such disinterested person as the Court or a Judge appoints; and
(b) the person so appointed may execute and return them.
226 After subsection 59(1)
Insert:
(1A) The Judges of the Court, or a majority of them, may make Rules of Court prescribing matters required or permitted by:
(a) any other provision of this Act; or
(b) any other law of the Commonwealth;
to be prescribed by the Rules of Court.
227 After paragraph 59(2)(r)
Insert:
(ra) the transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2), including matters relating to costs, such as:
(i) the costs of the application for an order transferring such a proceeding; and
(ii) the costs for any step in such a proceeding, including steps that occurred before the proceeding was transferred; and
(iii) the scale of costs that is to apply; and
Part 2 -- Application, saving and transitional provisions
228 Definitions
In this Part:
commencement day means the day this Schedule commences.
Division 2--Application of amendments
229 Application
The amendments of the Family Law Act 1975 and the Federal Court of Australia Act 1976 made by this Schedule apply in relation to a proceeding commenced before, on or after the commencement day.
Division 3--Saving and transitional provisions: Family Law Act 1975 amendments
230 Authorisation about handling complaints
A written authorisation made under subsection 21B(3A) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 48(2) of the Federal Circuit and Family Court of Australia Act 2021 .
231 Arrangements with other courts
An arrangement made under subsection 38BAA(1) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 79(1) of the Federal Circuit and Family Court of Australia Act 2021 .
232 Arrangements with agencies or organisations
An arrangement made under subsection 38BAB(1) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 80(1) of the Federal Circuit and Family Court of Australia Act 2021 .
233 Delegation
An instrument made under section 38W of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under section 108 of the Federal Circuit and Family Court of Australia Act 2021 .
234 Proclamation
Despite the repeal of section 96 of the Family Law Act 1975 by this Act, a Proclamation made under subsection 96(3) of that Act and in force immediately before the commencement day, continues in force (and may be dealt with) as if:
(a) it had been made under subsection 47A(5) of the Family Law Act 1975 , as inserted by this Act; and
(b) the Supreme Courts specified in that Proclamation are also specified for the purposes of appeals in relation to:
(i) the Child Support (Assessment) Act 1989 ; or
(ii) the Child Support (Registration and Collection) Act 1988 .
235 Oaths and affirmations
A written authorisation made under subsection 98AA(2) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 71(2) of the Federal Circuit and Family Court of Australia Act 2021 .
236 Seals and stamps
Despite the amendment of paragraph 123(1)(f) of the Family Law Act 1975 by this Schedule:
(a) a seal of the Family Court, prescribed by the Rules of Court and in force immediately before the commencement day, may be affixed to documents (in accordance with subsection 59(3) of the Federal Circuit and Family Court of Australia Act 2021 ) until the end of the 12-month period beginning on the commencement day, as if it were a seal of the Federal Circuit and Family Court of Australia (Division 1); and
(b) a stamp of the Family Court, prescribed by the Rules of Court and in force immediately before the commencement day, may be affixed to documents (in accordance with subsection 60(3) of the Federal Circuit and Family Court of Australia Act 2021 ) until the end of the 12-month period beginning on the commencement day, as if it were a stamp of the Federal Circuit and Family Court of Australia (Division 1).
237 Continuity of Rules of Court
The amendments made by items 130, 139, 152, 165 and 167 of this Schedule:
(a) do not affect the continuity of any Rules of Court made for the purposes of section 123 of the Family Law Act 1975 that are in force immediately before the commencement day; and
(b) to avoid doubt, do not prevent the amendment or repeal of those Rules of Court.
Division 4--Saving and transitional provisions: Federal Court of Australia Act 1976 amendments
238 Registries of the Federal Court of Australia
(1) Despite the amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule, a Registry of the Federal Court of Australia, existing immediately before the commencement day, continues in existence on and after that day.
(2) The amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule does not affect:
(a) the designation, before the commencement day, of a Registry of the Federal Court of Australia as the Principal Registry of the Court; or
(b) the specification, before the commencement day, of a District (in respect of which a District Registry of the Federal Court of Australia exists).
Part 3 -- Amendments not commencing before 1 January 2020
Federal Circuit and Family Court of Australia Act 2021
239 Paragraph 127(1)(a)
Repeal the paragraph, substitute:
(a) the person:
(i) has not attained the age of 18 years; or
(ii) has attained the age of 18 years but has not attained the age of 25 years and is receiving full-time education at a school, college or university; and
240 Application provision
The amendment of the Federal Circuit and Family Court of Australia Act 2021 made by this Part applies in relation to a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a retired disabled Judge (within the meaning of that Act) who dies on or after the day this item commences.
Part 4 -- Amendments relating to making Rules of Court
Corporations (Aboriginal and Torres Strait Islander) Act 2006
241 Section 700-1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation )
Omit "the Chief Justice", substitute "Judges".
242 Section 9 (paragraph (c) of the definition of Corporations legislation )
Omit "the Chief Justice", substitute "Judges".
243 Subsection 109A(1)
Omit "the Chief Justice", substitute "Judges".
244 Subsection 111C(7A)
Omit "the Chief Justice", substitute "Judges".
245 Subsection 111C(7B)
Omit "the Chief Justice", substitute "Judges".
246 Subsection 111C(7C)
Omit "the Chief Judge", substitute "Judges".
247 Subsection 123(1)
Omit "Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)", substitute "Judges of the Federal Circuit and Family Court of Australia (Division 1), or a majority of them,".
248 Subsection 123(1) (note 1)
Omit "Note 1", substitute "Note".
249 Subsection 123(1) (note 2)
Repeal the note.
250 Subsection 123(2)
Omit "the Chief Justice", substitute "Judges".
251 After paragraph 123(2)(a)
Insert:
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges of that Court; and
252 Subsection 123(2A)
Omit "the Chief Justice", substitute "Judges".
253 Subsection 124(2)
Repeal the subsection, substitute:
(2) The function of the Rules Advisory Committee is to advise the Judges of the Federal Circuit and Family Court of Australia (Division 1) in relation to the making of standard Rules of Court as requested from time to time.
Federal Circuit and Family Court of Australia Act 2021
254 Subsection 76(1)
Omit "Chief Justice", substitute "Judges, or a majority of them,".
255 Subsection 76(1) (note)
Repeal the note.
256 After subsection 76(1)
Insert:
(1A) 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).
257 Subsection 76(4)
Omit "the Chief Justice", substitute "Judges".
258 After paragraph 76(4)(a)
Insert:
(aa) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges of the Court; and
259 Subsection 76(5)
Omit "made by the Chief Justice", substitute "made by Judges".
260 Section 77
Repeal the section.
261 Subsection 82(2)
Repeal the subsection, substitute:
(2) The Chief Justice may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:
(a) advising the Judges of the Federal Circuit and Family Court of Australia (Division 1) in relation to the making of Rules of Court; or
(b) advising the Chief Justice in relation to the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1).
262 Subsection 98(1)
Omit "The Chief Justice", substitute "Judges, or a majority of them,".
263 Subsection 217(1)
Omit "Chief Judge", substitute "Judges, or a majority of them,".
264 Subsection 217(1) (note)
Repeal the note.
265 After subsection 217(1)
Insert:
(1A) Proposed Rules of Court are not to be made if the Chief Judge considers they are not consistent with the aim mentioned in paragraph 216(a) (ensuring common rules of court and forms).
266 Subsection 217(3)
Omit "the Chief Judge", substitute "Judges".
267 After paragraph 217(3)(a)
Insert:
(aa) as if a reference to a rule-maker were a reference to the Chief Judge acting on behalf of the Judges of the Court; and
268 Subsection 217(4)
Omit "made by the Chief Judge", substitute "made by Judges".
269 Section 218
Repeal the section.
270 Subsection 249(2)
Repeal the subsection, substitute:
(2) The Chief Judge may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:
(a) advising the Judges of the Federal Circuit and Family Court of Australia (Division 2) in relation to the making of Rules of Court; or
(b) advising the Chief Judge in relation to the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2).
271 Subsection 254(1)
Omit "The Chief Judge", substitute "Judges, or a majority of them,".
Plant Breeder's Rights Act 1994
272 Subsection 56A(5)
Omit "of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)".
273 Application of amendments
The amendments made by this Part apply in relation to rules of court made after this Part commences.
274 Continuity of rules of court
The amendments made by this Part:
(a) do not affect the continuity of any rules of court that are in force immediately before this Part commences; and
(b) to avoid doubt, do not prevent the amendment or repeal of those rules of court.