Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES (AMENDMENT) 1997 No. 204 - SCHEDULE 2

                           SCHEDULE 2                      Rule 9

NEW ORDER 79

"ORDER 79 - DELEGATION OF POWERS TO
JUDICIAL REGISTRARS General delegation of powers (Act, s. 18AB (1A))

"1. All the Court's powers in relation to a proceeding in the Court in which
the Court is exercising original jurisdiction (except a proceeding mentioned
in subsection 18AB (1A) of the Act) are delegated to each Judicial Registrar.
[NOTE: Under subsection 18AB (1A) of the Act, unless the Act or another Act
expressly provides otherwise, the Court's powers in relation to the following
proceedings may not be delegated to a Judicial Registrar:

   (a)  a proceeding in which the amount sought, or the value of the subject
        matter, is more than $100,000;

   (b)  a proceeding for a prerogative writ or an order in the nature of a
        prerogative writ;

   (c)  a proceeding that involves a claim under the Workplace Relations  Act
        1996 ;

   (d)  a proceeding under the Human Rights and Equal Opportunity  Commission
        Act 1986 ;

   (e)  a proceeding under the Native Title Act 1993.] Delegation of powers in
        relation to a proceeding under the Workplace  Relations Act (Act, s.
        18AB (1))

"2. The Court's powers in relation to the following proceedings in the Court
under the Workplace Relations Act 1996 are delegated to each Judicial
Registrar:

   (a)  a proceeding involving a claim under that Act for an amount of not
        more than $10,000;

   (b)  a proceeding involving a claim under that Act that the termination of
        an employee's employment was unlawful, or that the proposed
        termination of an employee's employment would be unlawful, under any
        law (including an unwritten law) of the Commonwealth or of a State or
        Territory;

   (c)  a proceeding involving an application under section 170JC of that Act
        for enforcement of an order of the Australian Industrial Relations
        Commission. [NOTE: See subsection 18AB (1) of the Act which expressly
        provides that the Court's powers in relation to these proceedings may
        be delegated to a Judicial Registrar.] Exercise of powers by Judicial
        Registrars

"3. A Judicial Registrar may exercise the powers delegated to the Judicial
Registrar under this Order in a proceeding, or part of a proceeding, referred
to the Judicial Registrar by the Court or a Judge. Review of decisions of
Judicial Registrars (Act, s. 18AC)

"4. (1) This rule applies to an application by a party to a proceeding for
review of an exercise of power in the proceeding by a Judicial Registrar.

"(2) The application must be made within:

   (a)  21 days after the day when the Judicial Registrar exercises the power;
        or

   (b)  any longer period allowed by the Court or a Judge.

"(3) The Court or a Judge may allow a longer period within which the
application may be made even if the period mentioned in paragraph (2) (a) has
passed when the Court or the Judge is asked to allow the longer period.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback