Commonwealth Numbered Acts

FEDERAL MAGISTRATES ACT 1999

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Simplified outline  
   5.      Definitions  
   6.      Crown to be bound  
   7.      External Territories  

   PART 2--FEDERAL MAGISTRATES COURT

   8.      Creation of Federal Magistrates Court  
   9.      Personnel provisions relating to Federal Magistrates  

   PART 3--JURISDICTION OF THE FEDERAL MAGISTRATES COURT

   10.     Jurisdiction  
   11.     Exercise of jurisdiction by single Federal Magistrate  
   12.     Arrangement of business of the Federal Magistrates Court  
   13.     Exercise of jurisdiction in open court and in Chambers  
   14.     Determination of matter completely and finally  
   15.     Making of orders and issue of writs  
   16.     Declarations of right  
   17.     Contempt of court  
   18.     Jurisdiction in associated matters  
   19.     Proceedings not to be instituted in the Federal Magistrates Court if an associated matter is before the Federal Court or the Family Court  
   20.     Appeals  

   PART 4--PRIMARY DISPUTE RESOLUTION

           Division 1--General

   21.     Primary dispute resolution processes  
   22.     Federal Magistrates Court to consider whether to advise people to use primary dispute resolution processes  
   23.     Federal Magistrates Court to advise people to use primary dispute resolution processes  
   24.     Duty of legal practitioners to consider whether to advise people to use primary dispute resolution processes  
   25.     Duty of officers of the Federal Magistrates Court to advise people about primary dispute resolution processes  
   26.     Conciliation  
   27.     Referral of question of law—primary dispute resolution process (other than arbitration)  
   28.     Rules of Court about primary dispute resolution processes  
   29.     Regulations about primary dispute resolution processes  
   30.     Rules of Court about costs of primary dispute resolution processes  
   31.     Rules of Court about primary dispute resolution processes under the Family Law Act 1975  
   32.     Consent orders  

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

   33.     Scope of Division  
   34.     Mediation  
   35.     Arbitration  
   36.     Power of arbitrator to refer question of law to the Federal Magistrates Court  
   37.     Review of arbitration award on a question of law etc.  
   38.     Arbitration awards  

   PART 5--TRANSFER OF PROCEEDINGS TO THE FEDERAL COURT OR THE FAMILY COURT

   39.     Discretionary transfer of proceedings to the Federal Court or the Family Court  
   40.     Rules of Court about discretionary transfer of proceedings  
   41.     Mandatory transfer of proceedings to the Federal Court or the Family Court  

   PART 6--PRACTICE AND PROCEDURE

           Division 1--General

   42.     Federal Magistrates Court to operate informally  
   43.     Practice and procedure  
   44.     Representation  
   45.     Interrogatories and discovery  

           Division 2--Documents filed with the Federal Magistrates Court

   46.     Filing of documents in the Federal Magistrates Court  
   47.     Seal of the Federal Magistrates Court  
   48.     Federal Magistrates Court stamps  
   49.     Writs etc.  
   50.     Proceedings may be instituted by application  
   51.     Limits on length of documents  

           Division 3--Conduct of proceedings

   52.     Venue  
   53.     Determination of proceedings without a jury  
   54.     Decisions without oral hearing  
   55.     Limits on the length of oral argument  
   56.     Written submissions  
   57.     Formal defects not to invalidate  

           Division 4--Evidence

   58.     Oaths and affirmations  
   59.     Swearing of affidavits etc.  
   60.     Orders and commissions for examination of witnesses  
   61.     Prohibition of publication of evidence etc.  
   62.     Time limits on giving of testimony  
   63.     Federal Magistrates Court may question witnesses  
   64.     Evidence may be given orally or by affidavit  
   65.     Offences by witness  

           Division 5--Use of video links or audio links

   66.     Testimony by video link or audio link  
   67.     Appearance of persons by video link or audio link  
   68.     Making of submissions by video link or audio link  
   69.     Conditions for use of video links and audio links  
   70.     Putting documents to a person by video link or audio link  
   71.     Administration of oaths and affirmations  
   72.     Expenses  
   73.     New Zealand proceedings  

           Division 6--Orders and judgments

   74.     Orders  
   75.     Reserved judgments etc.  
   76.     Interest up to judgment  
   77.     Interest on judgment  
   78.     Enforcement of judgment  

           Division 7--Costs

   79.     Costs  
   80.     Security for costs  

           Division 8--Rules of Court

   81.     Rules of Court  
   82.     Documents  
   83.     Service  
   84.     Evidence  
   85.     Orders and judgments  
   86.     Costs  
   87.     General  
   88.     Incidental matters  

   PART 7--MANAGEMENT OF THE FEDERAL MAGISTRATES COURT

           Division 1--Administration of the Federal Magistrates Court

   89.     Management of administrative affairs of the Federal Magistrates  
   90.     Arrangements with other courts  
   91.     Arrangements with agencies or organisations  
   92.     Arrangements for sharing courtrooms and other facilities  
   93.     Advisory committees  

           Division 2--Chief Executive Officer

   94.     Chief Executive Officer  
   95.     Personnel provisions relating to the Chief Executive Officer  
   96.     Functions of the Chief Executive Officer  
   97.     Staff powers  

           Division 3--Registries

   98.     Registries  

           Division 4--Other officers and staff

   99.     Officers of the Federal Magistrates Court  
   100.    Arrangements relating to Commonwealth staff  
   101.    Registrars  
   102.    Registrars' powers  
   103.    Delegation of powers to Registrars  
   104.    Registrars—additional provisions  
   105.    Registrars—oath or affirmation of office  
   106.    The Sheriff of the Federal Magistrates Court  
   107.    Deputy Sheriffs  
   108.    Authorised persons to assist the Sheriff or Deputy Sheriffs  
   109.    The Marshal of the Federal Magistrates Court  
   110.    Deputy Marshals  
   111.    Authorised persons to assist the Marshal or Deputy Marshals  
   112.    Staff of the Federal Magistrates Court  
   113.    Actions by or against Sheriff or Marshal  
   114.    Receivers  

           Division 5--Miscellaneous administrative matters

   115.    Engagement of consultants etc.  
   116.    Procedural information to be given to unrepresented parties  
   117.    Annual report  
   118.    Proceedings arising out of administration of the Federal Magistrates Court  

   PART 8--MISCELLANEOUS

   119.    References in other laws to a Federal Magistrate  
   120.    Regulations  
           SCHEDULE 1 - Personnel provisions relating to Federal Magistrates
           SCHEDULE 2 - Personnel provisions relating to the Chief Executive Officer of the Federal Magistrates Court