Part 1--Divorce

1.1

Section 48 FLA

if the proceedings are undefended

To make a divorce order in undefended proceedings

ü

ü

1.2

Subsection 44(1C) FLA

To give leave for an application for a divorce order to be filed within 2 years after the date of marriage

ü

ü

1.3

Subsection 55(2) FLA

To reduce or increase the time for a divorce order to take effect

ü

ü

1.4

Section 55A FLA

To make a declaration about arrangements for children after a divorce

ü

ü

1.5

Section 57 FLA

To rescind a divorce order if parties reconciled

ü

ü

1.6

Section 98A FLA

To make an order granting an undefended application for divorce in the absence of the parties

ü

ü

Part 2--Consent orders

2.1

Paragraph 98(2)(q) FCFCOA Act

To make an order the terms of which have been agreed on by all parties to the proceedings

ü

ü

2.2

Part 10.2 FCFCOA Rules

To deal with an application for a consent order

ü

ü

Part 3--Parenting orders

3.1

Section 65D FLA

(other than an excluded child order (see paragraph 98(3)(d) FCFCOA Act)), but only if the order is an order until further order

To make an interim parenting order until further order

ü

3.2

Section 65D FLA

(other than an excluded child order (see paragraph 98(3)(d) FCFCOA Act)), but only if the order is made in undefended proceedings

To make a parenting order in undefended proceedings

ü

ü

but only if the order made in undefended proceedings is to come into effect 21 days after the order is served on the non-appearing party

3.3

Section 65D FLA

(other than an excluded child order (see paragraph 98(3)(d) FCFCOA Act)), but only if the order is made with the consent of all the parties to the proceedings

To make a parenting order with the consent of all parties to the proceedings

ü

ü

3.4

Section 63H FLA

To make an order concerning a registered parenting plan until further order

ü

3.5

Section 65L FLA

To make an order requiring compliance with a parenting order to be supervised by a family consultant

ü

3.6

Paragraph 65G(2)(b) FLA

To make a parenting order by consent in favour of a non-parent without attendance at a conference with a family consultant

ü

ü

3.7

Subsection 69ZR(1) FLA

To make a finding of fact, determine a matter or make an order in relation to an issue before final orders are made

ü

Part 4--Property orders

4.1

Section 78 FLA

Section 90SL FLA

but only if the Judicial Registrar or Senior Judicial Registrar is otherwise exercising delegated power to make final property orders

To make a declaration as to the title or rights that a party has in respect of property

ü

ü

4.2

Section 79 FLA

Section 90SM FLA

but only if the order is an interim order

To make an interim property order

ü

4.3

Section 79 FLA

Section 90SM FLA

but only if the order is made in undefended proceedings

To make a property order in undefended proceedings

ü

ü

but only if the order made in undefended proceedings is to come into effect 21 days after the order is served on the non-appearing party

4.4

Section 79 FLA

Section 90SM FLA

but only if the order is made with the consent of all the parties to the proceedings

To make a property order with the consent of all parties to the proceedings

ü

ü

4.5

Paragraphs 79(9)(c) and 90SM(9)(c) FLA

To make an order dispensing with requirement to attend a conciliation conference

ü

ü

4.6

Section 79A FLA

Section 90SN FLA

To vary or set aside property orders

ü

Part 5--Maintenance of a party

5.1

Section 74 FLA

Section 90SE FLA

To make an order for the spousal maintenance of a party

To make an order for the maintenance of a party to a de facto relationship

ü

ü

but only if:

(a) all of the following apply:

(i) the order is an order until further order;

(ii) the order is made in undefended proceedings;

(iii) the order is to come into effect at least 21 days after the order is served on the other party; or

(b) the order is made with the consent of all the parties to the proceedings

5.2

Section 77 FLA

Section 90SG FLA

Paragraph 98(2)(p) (qualified by subsection 98(7)) FCFCOA Act

To make an urgent order for the spousal maintenance of a party, pending the disposal of the proceedings

To make an urgent order for the maintenance of a party to a de facto relationship, pending the disposal of the proceedings

ü

ü

but only if:

(a) both of the following apply:

(i) the order is made in undefended proceedings;

(ii) the order is to come into effect at least 21 days after the order is served on the other party; or

(b) the order is made with the consent of all the parties to the proceedings

5.3

Subsection 83(1) FLA

Section 90SI FLA

To discharge, suspend, revive or vary a spousal maintenance order

To discharge, suspend, revive or vary an order with respect to the maintenance of a party to a de facto relationship

ü

ü

but only if:

(a) all of the following apply:

(i) the order to be discharged, suspended, revived or varied is an order until further order;

(ii) the order to discharge, suspend, revive or vary is made in undefended proceedings;

(iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non-appearing party; or

(b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the proceedings

Part 6--Child maintenance

6.1

Sections 66G, 66M, 66P and 66Q FLA

To make an order for child maintenance

ü

6.2

Section 66S FLA

To discharge or vary a child maintenance order

ü

6.3

Subsection 67D(1) and section 67E FLA

To make an order in relation to the birth of a child, including for financial assistance

ü

Part 7--Agreements

7.1

Subsection 87(8) FLA

To revoke the approval of a maintenance agreement

ü

7.2

Subsection 90J(3) FLA

Subsection 90UL(3) FLA

To make orders preserving or adjusting the rights of persons who were parties to a terminated financial agreement

ü

7.3

Section 90K FLA

Section 90UM FLA

To set aside a financial agreement

ü

Part 8--Location and recovery orders

8.1

Subsection 67M(2) FLA

To make location orders other than Commonwealth information orders

ü

ü

8.2

Subsection 67N(2) FLA

To make Commonwealth information orders

ü

ü

8.3

Section 67U FLA

To make a recovery order in relation to a child

ü

8.4

Section 67ZD FLA

To make an order to deliver up a passport to a Judicial Registrar until further order

ü

Part 9--Parentage

9.1

Sections 69V and 69VA , subsection 69W(1) , section  69X and subsection 69ZC(2) FLA

To make an order in relation to the parentage of a child

ü

Part 10--Compliance and enforcement

10.1

Subject to item 10.2 of this table, Division 13A of Part VII FLA (other than paragraph 70NFB(2)(e)) and only if:

(a) the order that is alleged to have been contravened is an order until further order; or

(b) the orders to enforce compliance are made in undefended proceedings; or

(c) the power is exercised with the consent of all the parties to the proceedings

To make orders to enforce compliance with orders under the Family Law Act affecting children, and to do any other thing referred to in Division 13A of Part VII FLA

ü

10.2

Sections 70NBA and 70NFD FLA

but only if:

(a) the order to be varied or discharged was made by a Senior Judicial Registrar or Judicial Registrar; or

(b) the order to be varied or discharged is an order until further order; or

(c) the order to discharge or vary is made in undefended proceedings; or

(d) the power is exercised with the consent of all the parties to the proceedings

To vary a parenting order, and to vary or discharge a community service order that was made under paragraph 70NFB(2)(a) FLA

ü

10.3

Subject to item 10.4 of this table, Part XIIIA FLA (other than paragraph 112AD(2)(d)) and only if:

(a) the order that is alleged to have been contravened is an order until further order; or

(b) the orders to enforce compliance are made in undefended proceedings; or

(c) the power is exercised with the consent of all the parties to the proceedings

To make orders in relation to imposing sanctions for failure to comply with orders, and other obligations, that do not affect children

ü

10.4

Subsection 112AK (1) FLA

but only if:

(a) the order to be varied or discharged was made by a Senior Judicial Registrar or Judicial Registrar; or

(b) the order to be varied or discharged is an order until further order; or

(c) the order to discharge or vary is made in undefended proceedings; or

(d) the power is exercised with the consent of all the parties to the proceedings

To vary or discharge an order made under section 112AD FLA in respect of a contravention of an order

ü

10.5

Part 11.1 FCFCOA Rules

To make an order in relation to enforcement of financial orders and obligations

ü

ü

10.6

Division 11.2.5 FCFCOA Rules

but only in proceedings that are otherwise within the jurisdiction of a Senior Judicial Registrar or Judicial Registrar

To make an order in relation to a warrant for arrest

ü

ü

Part 11--Injunctions

11.1

Subsections 68B(1) and (2) FLA

but only if:

(a) the order is an order until further order; or

(b) the order is made in undefended proceedings; or

(c) the power is exercised with the consent of all the parties to the proceedings

To make an order, or grant an injunction, until further order

ü

11.2

Subsections 114(1), (2A) and (3) FLA

but only if:

(a) the order is an order until further order; or

(b) the order is made in undefended proceedings; or

c) the power is exercised with the consent of all the parties to the proceedings

To make an order, or grant an injunction, until further order

ü

11.3

Paragraph 90SS(1)(k) and subsection 90SS(5) FLA

but only if:

(a) the order is an order until further order; or

(b) the order is made in undefended proceedings; or

(c) the power is exercised with the consent of all the parties to the proceedings

To make an order, or grant an injunction, until further order

ü

Part 12--Costs

12.1

Subsection 117(2) FLA

Paragraph 98(2)(i) and subsection 98(6) FCFCOA Act

but only in relation to costs of, or in connection with, an application heard by a Senior Judicial Registrar or Judicial Registrar

To make a costs order

ü

ü

12.2

Subsection 117(2) FLA

Paragraph 98(2)(i) and subsection 98(6) FCFCOA Act

but only in relation to costs of, or in connection with, an application heard by a Senior Judicial Registrar or Judicial Registrar

To make an order as to costs to fund litigation

ü

12.3

Subsection 117(2) FLA

Paragraph 98(2)(j) FCFCOA Act

To make an order for security for costs

ü

ü

12.4

Chapter 12 FCFCOA Rules

To make orders in relation to costs, the provision of costs estimates and the assessment of costs

ü

ü

12.5

Part 12.2 FCFCOA Rules

To make orders in relation to security for costs

ü

ü

Part 13--Appeals

13.1

Paragraphs 3 2(2)(a),(b),(c) and (d), by consent, and paragraph 32(2)(e) FCFCOA Act

To make orders in relation to the following procedural applications:

(a) for extension of time within which to institute an appeal;

(b) for an extension of time within which to file an application for leave to appeal;

(c) for leave to amend the grounds of an appeal ;

(d) to stay an order of the Federal Circuit and Family Court (Division 1) made in its appellate jurisdiction (by consent of all parties only)

(e) for security for costs in relation to the appeal

ü

ü

if a Judicial Registrar is designated by the CEO (subject to any directions of the Chief Justice) to exercise the power

13.2

Paragraph 3 2(3)(a), by consent, and paragraphs 32(3)(c), (e), (f), (h) and (i) FCFCOA Act

To make orders in relation to the following applications:

(a) join or remove a party to an appeal (by consent of all parties and any person proposed to be joined only);

(b) make an interlocutory order pending, or after, the determination of an appeal;

(c) make an order to dismiss an appeal for want of prosecution;

(d) make an order to dismiss an appeal for:

(i) failure to comply with a direction of the Court; or

(ii) failure of the appellant to attend a hearing relating to the appeal;

(e) give directions under subsection 69(1) FCFCOA Act about practice and procedure to be followed in the proceeding;

(f) give other directions about the conduct of the appeal, including about:

(i) use of written submissions; and

(ii) limiting the time for oral argument

ü

if a Senior Judicial Registrar is approved by the Chief Justice or CEO (subject to any directions of the Chief Justice) to exercise the power

ü

if a Judicial Registrar is approved by the Chief Justice or CEO (subject to any directions of the Chief Justice) to exercise the power

13.3

Rule 13.13 FCFCOA Rules

To make procedural orders relating to an application for leave to appeal

ü

ü

13.4

Rule 13.18 FCFCOA Rules

To make orders at a procedural hearing

ü

ü

13.5

Rule 13.19 FCFCOA Rules

To make orders about the preparation of the appeal books

ü

ü

13.6

Rules 13.25 and 13.27 FCFCOA Rules

To make procedural orders in chambers for the conduct of the appeal

ü

ü

13.7

Paragraph 13.32(3)(c) and subrule 13.32(5) FCFCOA Rules

To determine a request by a party for attendance by electronic communication in relation to a procedural hearing; and make an order as to expenses

ü

ü

13.8

Rule 13.44 FCFCOA Rules

To reinstate an appeal taken to have been abandoned

ü

ü

Part 14--Case management and overarching purpose

14.1

Subsection 68(3) FCFCOA Act

To make an order for the purpose of enabling a party to comply with the overarching purpose of the family law practice and procedure provisions

ü

ü

14.2

Section 69 FCFCOA Act

To give directions about the practice and procedure to be followed in relation to a civil proceeding or part of a civil proceeding

ü

ü

14.3

Part 1.2 FCFCOA Rules

To exercise the Court's powers in relation to case management

ü

ü

14.4

Subrules 1.07(4) and 1.08(4) FCFCOA Rules

To depart from the Case Management Practice Direction and other Practice Directions if considered appropriate

ü

ü

14.5

Paragraph 98(2)(k) FCFCOA Act

To make an order exempting a party from compliance with a provision of the regulations or Rules of Court

ü

ü

14.6

Rules 1.31, 1.32, 15.06 and 15.07 FCFCOA Rules

The following powers:

(a) to make a procedural order in case of doubt or difficulty;

(b) to make an order on application or own initiative in relation to a matter referred to in the FCFCOA Rules;

(c) on application or own initiative, to dispense with compliance with any of these Rules;

(d) on application, to shorten or extend a time for doing an act under the FCFCOA Rules;

(e) to specify a time by which an action under a rule or order is to be taken

ü

ü

14.7

Rule 1.33 FCFCOA Rules

To make orders to dismiss all or part of proceedings, to order costs and to make other necessary orders if a party does not comply with the FCFCOA Rules, the Family Law Regulations or a procedural order

ü

ü

14.8

Rule 1.34 FCFCOA Rules

To grant relief from the effect of subrule 1.33(1) of the FCFCOA Rules

ü

ü

Part 15--Filing, form and custody of documents

15.1

Section 63 FCFCOA Act

To give directions about the length of documents required or permitted to be filed in the Court

ü

ü

15.2

Rules 2.14 to 2.16, 2.23 and 2.24 and 15.12 to 15.14 FCFCOA Rules

To make orders in relation to general requirements for documents and their filing and procedures relating to registry records

ü

ü

Part 16--Service of documents

16.1

Paragraph 98(2)(d) FCFCOA Act

To dispense with the service of any process

ü

ü

16.2

Paragraph 98(2)(e) FCFCOA Act

To make orders in relation to substituted service

ü

ü

16.3

Parts 2.6 and 2.7 FCFCOA Rules

To make orders in relation to service

ü

ü

Part 17--Amending documents

17.1

Rules 2.50 and 2.52 FCFCOA Rules

To make orders for amendment of application or response

ü

ü

17.2

Rule 2.54 FCFCOA Rules

To disallow an amendment of a document

ü

ü

Part 18--Parties, representation and intervention

18.1

Subsection 91B(1) FLA

To request that a prescribed child welfare authority intervene in proceedings

ü

ü

18.2

Subsections 92(1) and (2) FLA

To make order entitling a person to intervene in proceedings

ü

ü

18.3

Rule 3.04 FCFCOA Rules

To make order in relation to a person seeking to intervene in proceedings to become a party

ü

ü

18.4

Rule 3.05 FCFCOA Rules

To remove a party to proceedings

ü

ü

18.5

Rule 3.06 FCFCOA Rules

To order notice to be given of proceedings or the application of a person to be included as a party

ü

ü

18.6

Rule 3.19 FCFCOA Rules

To make orders about the progress of proceedings after a party dies

ü

ü

Part 19--Independent children's lawyers

19.1

Section 68L FLA

To order that a child's interests are to be independently represented

ü

ü

19.2

Section 68M(2) FLA

To make an order, on application by the independent children's lawyer, that a child be made available for an examination for the purposes of preparing a report in connection with the proceedings

ü

ü

19.3

Rules 3.11 FCFCOA Rules

To appoint or remove an independent children's lawyer

ü

ü

Part 20--Litigation guardians

20.1

Part 3.5 FCFCOA Rules

To make orders in relation to litigation guardians

ü

ü

Part 21--Family counselling, family dispute resolution and other family services

21.1

Section 13B FLA

To refer parties to family counselling and to adjourn the proceedings in the interim

ü

ü

21.2

Section 13C FLA

Paragraph 98(2)(n) FCFCOA Act

To refer parties to family counselling, family dispute resolution and other family services and to adjourn the proceedings in the interim

ü

ü

21.3

Section 13D FLA

Paragraph 98(2)(n) FCFCOA Act

To make orders as a result of failure to attend family counselling, family dispute resolution or other family services

ü

ü

21.4

Subsection 60I(9) FLA

To determine whether subsection 60I(7) applies to an application for a Part VII order in relation to a child

ü

ü

21.5

Subsection 60I(10) FLA

To order that a person attend family dispute resolution

ü

ü

21.6

Subsection 60J(2) FLA

To determine whether subsection 60J(1) applies to an application for a Part VII order in relation to a child

ü

ü

21.7

Section 65LA(1) FLA

Paragraph 98(2)(n) FCFCOA Act

To make order directing a party to attend a post-separation parenting program

ü

ü

21.8

Rule 4.04 FCFCOA Rules

To stay an application until the applicant complies with the pre-action procedures

ü

ü

21.9

Rule 4.05 FCFCOA Rules

To order attendance at alternative dispute resolution

ü

ü

Part 22--Arbitration

22.1

Sections 13E and 13F FLA

To refer parties to arbitration, with consent of parties, and to make procedural orders thought appropriate to facilitate the effective conduct of the arbitration, including:

(a) orders for disclosure; and

(b) orders in respect of subpoenas

ü

ü

Part 23--Interlocutory orders and conduct of proceedings

23.1

Paragraphs 67ZBB(2) (a), (b) and (c) (procedural only) FLA

To make procedural orders in relation to allegations of child abuse or family violence

ü

ü

23.2

Subsection 97(1A) FLA

To hear proceedings sitting in chambers

ü

ü

23.3

Subsection 97(2) FLA

To make orders about specified persons being present in court during proceedings or part of proceedings

ü

ü

23.4

Section 101 FLA

To protect a witness in relation to a proceeding being heard by a Senior Judicial Registrar or Judicial Registrar

ü

ü

23.5

Subsection 66(2) FCFCOA Act

To make an order declaring that a proceeding is not invalid by reason of a formal defect or an irregularity

ü

ü

23.6

Paragraph 98(2)(h) FCFCOA Act

To adjourn the hearing of proceedings

ü

ü

23.7

Part 5.3 FCFCOA Rules

To make orders in relation to a hearing on the papers in the absence of the parties

ü

ü

23.8

Rule 5.16 (other than subrules (2) and (5)) FCFCOA Rules

To make order for the inspection or valuation of property

ü

ü

23.9

Rule 14.06

To stay an order in whole or in part pending review of an exercise of delegated power by a Senior Judicial Registrar or Judicial Registrar

ü

ü

but only in relation to an exercise of power by a Judicial Registrar

Part 24--Disclosure and orders to obtain information

24.1

Section 69ZW FLA

To request a State or Territory agency to provide documents or information in child-related proceedings

ü

ü

24.2

Paragraph 98(2)(g) FCFCOA Act

To make orders in relation to interrogatories

ü

ü

24.3

Parts 6.1, 6.2 (other than rule 6.17), 6.3 and 6.4 FCFCOA Rules

To make orders in relation to disclosure in proceedings

ü

ü

24.4

Rule 6.17 FCFCOA Rules

To make order to stay or dismiss all or part of a party's case that is being heard by a Senior Judicial Registrar or Judicial Registrar as a consequence of a party's failure to disclose a document as required under the Rules

ü

Part 25--Subpoenas and notices to produce

25.1

Part 6.5 FCFCOA Rules

To issue subpoena and order production and inspection of documents

ü

ü

25.2

Subrule 6.27(1) FCFCOA Rules

To give permission to a self-represented party to issue a subpoena

ü

ü

Part 26--Experts and assessors

26.1

Part 7.1 FCFCOA Rules

To make orders in relation to the appointment of an expert witness and expert evidence

ü

ü

26.2

Part 7.2 FCFCOA Rules

To make orders in relation to the appointment of an assessor

ü

ü

Part 27--Admissions and evidence

27.1

Section 100B FLA

To make order allowing a child to swear an affidavit or be called as a witness

ü

27.2

Section 102A FLA

To make order giving leave for a child to be examined

ü

27.3

Section 106A FLA

To make order directing a person to execute a deed or instrument

ü

ü

27.4

Section 106A FLA

To direct a Judicial Registrar to sign documents

ü

not applicable

27.5

Rule 8.04 FCFCOA Rules

but only for a proceeding that being heard by a Senior Judicial Registrar or Judicial Registrar, or with the consent of the parties

To give directions that particular testimony is to be given orally or by affidavit

ü

ü

27.6

Section 102C FLA

but only for a proceeding that is being heard by a Senior Judicial Registrar or Judicial Registrar

To direct or allow testimony to be given by video link or audio link

ü

ü

27.7

Section 102D FLA

but only for a proceeding that is being heard by a Senior Judicial Registrar or Judicial Registrar

To direct or allow a person to appear by way of video link or audio link

ü

ü

27.8

Section 102E FLA

but only for a proceeding that is being heard by a Senior Judicial Registrar or Judicial Registrar

To direct or allow a person to make a submission by way of video link or audio link

ü

ü

27.9

Section 102K FLA

but only for a proceeding that is being heard by a Senior Judicial Registrar or Judicial Registrar

To make orders for the payment of expenses in connection with giving testimony, appearing, or making submissions, by video link or audio link

ü

ü

27.10

Rule 8.10 FCFCOA Rules

To make order in relation to adducing the evidence of a child

ü

27.11

Subrule 8.17(4) FCFCOA Rules

To give permission for an affidavit to be used in a proceeding if the deponent is illiterate or vision impaired and there is no certificate under subrule 8.17(1) or (3) on the affidavit

ü

ü

27.12

Rule 8.18 FCFCOA Rules

To order that objectionable material be struck out of an affidavit

ü

ü

Part 28--Reports and appointments with family consultants

28.1

Section 11F FLA

Paragraph 98(2)(n) FCFCOA Act

To order parties to attend appointment or a series of appointments with a family consultant

ü

ü

28.2

Section 11G FLA

Paragraph 98(2)(n) FCFCOA Act

To make an order as a result of failure to attend appointment with family consultant

ü

ü

28.3

Section 62G FLA

Paragraph 98(2)(o) FCFCOA Act

To direct a family consultant to give a report

ü

ü

28.4

Rule 8.11 FCFCOA Rules

To make an order in relation to the preparation of a report

ü

ü

Part 29--Change of venue and transfers

29.1

Subsection 45(2) FLA

To transfer a proceeding to another court

ü

ü

29.2

Subsection 46(3A) FLA

To remove a proceeding from a court of summary jurisdiction

ü

29.3

Section 65 FCFCOA Act

To direct, at any stage, that a proceeding or part of a proceeding be conducted or continued at a specified place subject to conditions (if any)

ü

ü

29.4

Part 9.1 FCFCOA Rules

To order a change of venue

ü

ü

Part 30--Discontinuance

30.1

Rules 10.02 and 10.03 FCFCOA Rules

To permit proceedings to be discontinued

ü

ü

30.2

Subrule 10.03(3) FCFCOA Rules

To stay proceedings until an order to pay costs in relation to earlier proceedings has been complied with

ü

ü

Part 31--Summary orders

31.1

Paragraphs 10.09(1)(c) and (d) FCFCOA Rules

To make summary orders if a party claims that:

(a) an application or response was frivolous, vexatious or an abuse of process; or

(b) there is no reasonable likelihood of success

ü

31.2

Paragraphs 10.11(1)(a),(d) and (e) and subrule 10.11(2) FCFCOA Rules

The following powers:

(a) to dismiss any part of a proceeding;

(b) to order a hearing about an issue or fact;

(c) with the consent of the parties, to order arbitration about a proceeding or part of a proceeding;

(d) to stay execution pending determination of claim

Part 32--Varying and setting aside orders

32.1

Paragraphs 10.13(1)(a), (b), (c), (d) and (f) FCFCOA Rules

but only if the order being varied or set aside was made by a Senior Judicial Registrar or Judicial Registrar

Powers to make orders varying or setting aside order made by a Senior Judicial Registrar or Judicial Registrar if:

(a) the order was made in the absence of a party; or

(b) the order was obtained by fraud; or

(c) the order is interlocutory; or

(d) the order is an injunction or for the appointment of a receiver; or

(e) the party in whose favour the order was made consents

ü

32.2

Paragraphs 10.13(1)(e), (g) and (h) FCFCOA Rules

To make orders varying or setting aside an order if:

(a) the order does not reflect the intention of the court; or

(b) there is a clerical mistake in the order; or

(c) there is an error arising in the order from an accidental slip or omission

ü

ü

Part 33--Summary dismissal

33.1

Rule 10.22 FCFCOA Rules

To dismiss all or part of a proceeding if a party has not taken a step in the proceeding for 1 year in certain circumstances

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Part 34--General--seal and registration of documents

34.1

Rule 15.01 FCFCOA Rules

To direct that the seal of the Court be attached to a document

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ü

34.2

Rule 15.02 FCFCOA Rules

To direct that the stamp of the Court be attached to a document

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34.3

Part 15.3 FCFCOA Rules

To make an order in relation to registration of documents

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Part 35--Attendance by electronic means

35.1

Rules 8.13 and 15.16 FCFCOA Rules

To permit a party to attend, adduce evidence or make a submission by electronic communication

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ü

35.2

Rule 15.18 FCFCOA Rules

To make an order in relation to attendance of party or witness in prison

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35.3

Rule 15.19 FCFCOA Rules

but only in relation to an interim or procedural application or response

To dismiss an interim or procedural application or response if no party attends

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Part 36--Legitimacy of child

36.1

Subsection 92(1) Marriage Act 1961

To make an order declaring legitimacy of a child

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Part 37--Child support

37.1

Divisions 4 and 5 of Part 7 Assessment Act

To make orders in relation to the provision of child support in certain circumstances

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ü

but only if the order is made:

(a) in undefended proceedings; or

(b) with the consent of all the parties to the proceedings

37.2

Section 139 Assessment Act

To make an order for the payment of maintenance if a child is in urgent need of financial assistance

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ü

but only if the order is made:

(a) in undefended proceedings; or

(b) with the consent of all the parties to the proceedings

37.3

Subsection 105(2) Registration Act

To make procedural orders for the resolution of any difficulty arising in relation to the application of subsection 105(1) of the Registration Act or in relation to a particular proceeding

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37.4

Section 111B Registration Act

To do a thing referred to in subsection 111B(1) of the Registration Act

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37.5

Section 113 Registration Act

To make an order for the recovery of debts

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Part 38--Family Law Regulations

38.1

Subregulation 4(1)

To make an order in relation to practice and procedure if satisfied that the Family Law Act, the Family Law Regulations or the Rules of Court do not adequately provide for a particular situation or there is a difficulty or doubt about practice or procedure

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38.2

Regulation 5

To make an order in relation to proceedings if a party has not complied with the Family Law Regulations or the Rules of Court

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38.3

Paragraph 6(1)(a)

To relieve a party from non-compliance with a regulation or rule, or an order made by a Judicial Registrar

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38.4

Subregulation 23(6)

To register an overseas child order received other than from the Secretary of the Attorney-General's Department

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Part 39--Bankruptcy Act proceedings

39.1

Section 33 Bankruptcy Act

Powers in relation to adjournment, amendment of process and extension and abridgement of times

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39.2

Section 81 Bankruptcy Act

Powers in relation to examinations

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39.3

Section 264B Bankruptcy Act

To issue a warrant

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39.4

Subsection 309(2) Bankruptcy Act

To order substituted service

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39.5

Rules 1.21 and 1.22 FCFCOA Rules

Rule 2.03 Bankruptcy Rules

To grant leave to a person who is not a party to a proceeding to be heard

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39.6

Rules 1.21 and 1.22 FCFCOA Rules

Rule 6.09 Bankruptcy Rules

To direct the manner of service of a summons for examination

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39.7

Rules 1.21 and 1.22 FCFCOA Rules

Rule 6.10 Bankruptcy Rules

To adjourn or discharge a summons

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39.8

Rules 1.21 and 1.22 FCFCOA Rules

Rule 6.15 Bankruptcy Rules

To direct the manner of service of a summons for examination

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39.9

Rules 1.21 and 1.22 FCFCOA Rules

Rule 12.02 Bankruptcy Rules

To order that a warrant be kept in the Registry

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39.10

Rules 1.21 and 1.22 FCFCOA Rules

Rule 13.01 Bankruptcy Rules

To order costs

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Part 40--Trans-Tasman Act proceedings

40.1

Section 31(1) Trans-Tasman Proceedings Act

To give leave to serve a subpoena in New Zealand

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40.2

Paragraph 32(1)(b) Trans-Tasman Proceedings Act

To make directions about service of a subpoena in New Zealand

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40.3

Subsections 36(1), (4) and (6) Trans-Tasman Proceedings Act

To set aside a subpoena in whole or part, including without a hearing or by a remote hearing

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40.4

Subsection 37(4) Trans-Tasman Proceedings Act

To make orders about the payment of reasonable expenses in complying with a subpoena

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40.5

Section 38 Trans-Tasman Proceedings Act

To issue a certificate where a person has failed to comply with a subpoena

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40.6

Division 1.2.3 FCFCOA Rules

Powers to make orders in cases to which the Trans-Tasman Proceedings Act applies

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ü