Commonwealth Numbered Acts Commonwealth Numbered Acts
Federal Court of Australia Act 1976
Insert:
"referee" means a person to whom a question is referred for inquiry and report under section 54A.
2 After paragraph 20(5)(a)
Insert:
(aa) make an interlocutory order pending, or after, the determination of the matter by a Full Court; or
3 Paragraph 20(5)(da)
After "paragraph", insert "(aa),".
4 After paragraph 25(2B)(aa)
Insert:
(ab) make an interlocutory order pending, or after, the determination of an appeal to the Court; or
5 Paragraph 25(2B)(bc)
After "paragraph", insert "(ab),".
6 After section 54
Insert:
54A Referral of questions to a referee
(1) Subject to the Rules of Court, the Court may by order refer:
(a) a proceeding in the Court; or
(b) one or more questions arising in a proceeding in the Court;
to a referee for inquiry and report in accordance with the Rules of Court.
(2) A referral under subsection (1) may be made at any stage of a proceeding.
(3) If a report of a referee under subsection (1) is provided to the Court, the Court may deal with the report as it thinks fit, including by doing the following:
(a) adopting the report in whole or in part;
(b) varying the report;
(c) rejecting the report;
(d) making such orders as the Court thinks fit in respect of any proceeding or question referred to the referee.
A referee has, in inquiring or reporting on a proceeding or question referred under section 54A, the same protection and immunity as a Judge has in performing the functions of a Judge.
7 After subsection 59(2B)
Insert:
(2C) Without limiting subsections (2), (2A) and (2B), the Rules of Court may make provision for, or with respect to, the following matters in relation to referrals of proceedings or questions to a referee under section 54A:
(a) the cases in which a proceeding, or a question arising in a proceeding, may be referred by the Court to a referee for inquiry and report to the Court;
(b) the appointment of a Judge, the Registrar or other officer of the Court or other person as a referee;
(c) the procedures to be followed by a referee in inquiring into and reporting on a proceeding, or a question arising in a proceeding, that has been referred to the referee;
(d) the participation (including attendance) of persons in an inquiry by a referee;
(e) the procedures to be followed by a referee after an inquiry by the referee has ended (whether or not a report has been provided to the Court);
(f) the manner in which a report by a referee may be called in question;
(g) the provision of the services of officers of the Court and the provision of court rooms and other facilities for the purpose of an inquiry by a referee;
(h) the fees payable to a referee;
(i) time limits to be observed by the parties to the proceeding to which an inquiry by a referee relates, in relation to any matter connected with the inquiry;
(j) any other matters associated with an inquiry or report by a referee.
(2D) Without limiting subsection (2C), the Rules of Court may empower:
(a) the Court or a referee to require that evidence be given on oath or affirmation in an inquiry by a referee; or
(b) a referee to administer an oath or affirmation.
8 Application of amendments
The amendments made by this Schedule apply to matters commenced before, on or after the commencement of this Schedule.