- (1)
- The object of this section is to allow certain powers of the Federal
Magistrates Court to be exercised by a Registrar.
- (2)
- The following powers of the Federal Magistrates Court may, if the Federal
Magistrates Court or a Federal Magistrate so directs, be exercised by a
Registrar:
- (a)
- the power to dispense with the service of any process of the Federal
Magistrates Court;
- (b)
- the power to make orders in relation to substituted service;
- (c)
- the power to make orders in relation to discovery, inspection and
production of documents in the possession, power or custody of a party to
proceedings in the Federal Magistrates Court or of any other person;
- (d)
- the power to make orders in relation to interrogatories;
- (e)
- the power, in proceedings in the Federal Magistrates Court, to make an
order adjourning the hearing of the proceedings;
- (f)
- the power to make an order as to costs;
- (g)
- the power to make an order about security for costs;
- (h)
- the power to make an order exempting a party to proceedings in the Federal
Magistrates Court from compliance with a provision of the Rules of Court;
- (i)
- a power of the Federal Magistrates Court prescribed by the Rules of Court;
- (j)
- the power, in family law or child support proceedings, to direct a party
to the proceedings to answer particular questions;
- (k)
- the power to direct the parties to family law or child support proceedings
to attend conferences conducted by family and child counsellors or welfare
officers;
- (l)
- the power, in family law or child support proceedings, to make:
- (i)
- an order under section 66Q, 67E or 77 of the Family Law Act 1975 ; or
- (ii)
- an order for the payment of maintenance pending the disposal of the
proceedings;
- (m)
- the power to make an order the terms of which have been agreed upon by all
the parties to the proceedings;
- (n)
- the power to make orders (including an order for garnishment, seizure of
property or sequestration) for the enforcement of maintenance orders under the
Family Law Act 1975 ;
- (o)
- the power to make an order exempting a party to family law or child
support proceedings from compliance with a provision of regulations under the
Family Law Act 1975 .
Costs
- (3)
- A Registrar must not exercise the powers referred to in paragraph
(2)(f) except in relation to costs of, or in connection with, an application
heard by a Registrar.
Limitation on exercise of certain powers under the Family Law Act 1975
- (4)
- Subsection 37A(2) of the Family Law Act 1975 applies to the exercise of a
power by a Registrar under subsection (2) of this section in a corresponding
way to the way in which it applies to a delegation under subsection 37A(1) of
that Act.
- (5)
- Subsection 37A(5) of the Family Law Act 1975 applies to the exercise of a
power referred to in paragraph (2)(l) of this section in a corresponding way
to the way in which it applies to the power referred to in paragraph 37A(1)(f)
of that Act.
Application of laws
- (6)
- The provisions of this Act, the Rules of Court and
any other law of the Commonwealth that relate to the exercise by the
Federal Magistrates Court of a power that is, because of subsection (2),
exercisable by a Registrar, apply in relation to an exercise of the power by a
Registrar under this section as if references in those provisions to the
Federal Magistrates Court were references to the Registrar.