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1988 No. 166 FAMILY LAW RULES (AMENDMENT) - RULE 23

23. After Order 36 of the Family Law Rules the following Order is inserted:

"ORDER 36A
DELEGATION OF POWERS TO REGISTRARS
AND JUDICIAL REGISTRARS Interpretation

"1. In this Order, unless the contrary intention appears:
'gross value', in relation to property, means the value of the property
disregarding any mortgage, lien, charge or other security over the property;
'order', in relation to an exercise of power by a Judicial Registrar or a
Registrar, includes a decree;
'Registrar' means the Principal Registrar, a Registrar or a Deputy Registrar
of the Family Court of Australia;
'the Court' means the Family Court of Australia. Delegation of powers to
Registrars

"2. (1) The following powers of the Court are delegated to each Registrar:

   (a)  the power to dispense with the service of any process;

   (b)  the power to make orders in relation to service and 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 or of any other person;

   (d)  the power to direct a party to proceedings to answer particular
        questions;

   (e)  the power to direct the parties to proceedings under the Act to attend
        conferences conducted by court counsellors or welfare officers;

   (f)  the power to make orders (including an order for garnishment, seizure
        of property or sequestration) for the enforcement of maintenance
        orders;

   (g)  the power to make orders in relation to the custody, guardianship or
        welfare of, or access to, a child in undefended proceedings;

   (h)  the power to make an order for the purposes of subsection 44 (1C) of
        the Act;

   (i)  the power to make a decree of dissolution of marriage in undefended
        proceedings;

   (j)  the power to make an order under subsection 55 (2) or section 55A of
        the Act in relation to a decree of dissolution of marriage;

   (k)  the power, in proceedings under the Act, to make:

        (i)    an order under section 66K, 66ZA, subsection 66ZB (1) or
               section 77 of the Act;

        (ii)   an order for the payment of maintenance pending the disposal of
               the proceedings; or

        (iii)  an order to discharge, suspend, revive or vary an order for the
               payment of maintenance pending the disposal of the proceedings;

   (l)  the power to make an order in undefended proceedings under section
        66N, subsection 66Z (1) or section 74 or 83 of the Act;

   (m)  the power to make an order approving of a maintenance agreement under
        section 87 of the Act;

   (n)  the power to make an order the terms of which have been agreed upon by
        all the parties to proceedings;

   (o)  the power to make an order adjourning the hearing of proceedings;

   (p)  the power under section 117 of the Act to make an order as to costs;

   (q)  the power to make orders transferring proceedings or in respect of the
        removal of proceedings;

   (r)  the power to make an order exempting a party to proceedings under the
        Act from compliance with a provision of the Regulations or these
        Rules.

"(2) The powers of the Court under the following Orders and rules of these
Rules are delegated to each Registrar:

   (a)  Order 3, subrule 1 (2);

   (b)  Order 4, rules 2 and 3;

   (c)  Order 8, rules 1 and 2;

   (d)  Order 11, subrules 1 (2) and 2 (2), paragraph 2 (3) (c) and subrule 2
        (4);

   (e)  Order 11A, rules 1 and 2;

   (f)  Order 13, rule 1 and paragraphs (c), (d), (e), (g), (h) and (i) of
        rule 2;

   (g)  Order 14, rule 4, subparagraph 5 (b)(iv) and subrule 6 (1);

   (h)  Order 15, rules 8, 9, 10 and 11 and subrule 2 (4);

        (i)    Order 18, rules 1, 11, and 18 and subrule 3 (2);

   (j)  Order 19, rules 3, 6, and 7 and subrules 2 (1) and 5 (2);

   (k)  Order 22, subrules 1 (2), 2 (5), 2 (6) and 3 (1);

   (l)  Order 23, rules 3, 4, 8, 13, 14, 18 and 19 and subrules 5 (5), 5 (6)
        and 7 (1);

   (m)  Order 30, rules 1, 2, 3 and 5 and subrules 7 (1), 7 (2) and 7 (5);

   (n)  Order 38, rules 13, 14, 15, 16 and 20 and subrules 3 (1) and 29 (1);

   (o)  Order 40, rule 2. Delegation of powers to Judicial Registrars

"3. The following powers of the Court are delegated to each Judicial
Registrar:

   (a)  the powers of the Court delegated to each Registrar in accordance with
        rule 2 of this Order;

   (b)  the power to make an order until further order for the guardianship,
        custody or welfare of a child, or for access to a child;

   (c)  the power to make any order relating to maintenance;

   (d)  the power to make an order in any undefended proceedings;

   (e)  the power to grant leave under subsection 44 (3) of the Act in
        relation to the institution of proceedings;

   (f)  the power to issue a warrant under subsection 64 (9) or (10) of the
        Act or an order to furnish information under subsection 64 (11A) or
        (11B) of the Act;

   (g)  the power to make an order under section 66V or 66W of the Act;

   (h)  the power to make an order under subsection 66Z (1) or 66ZE (1) of the
        Act;

   (i)  the power to make an order or requirement under subsection 70 (6) or
        114 (4) of the Act;

   (j)  the power to make an order or grant an injunction under subsection 70C
        (1) or 114 (1) of the Act or to grant an injunction under subsection
        70C (2) or 114 (3) of the Act;

   (k)  the power to make an order under section 70D or 114AA of the Act;

   (l)  the power to make a declaration and orders under section 78 of the
        Act, or an order under section 79 of the Act:

        (i)    in a case where, in relation to the exercise of the power, the
               parties consent to the hearing and determination of the matter
               by a Judicial Registrar-irrespective of the gross value of the
               property; or

        (ii)   in any other case in relation to the exercise of the power-in
               respect of property having a gross value not exceeding
               $100,000;

   (m)  the power under subsection 79A (1) of the Act to vary or set aside an
        order, being an order made upon a contested hearing before a Judicial
        Registrar, and to make another order as referred to in that subsection
        under section 79 of the Act;

   (n)  the powers under section 84 of the Act;

   (o)  the power to make an order under section 85 of the Act;

   (p)  the power to set aside a maintenance agreement under subsection 86 (3)
        of the Act;

   (q)  the power to make an order revoking the approval of a maintenance
        agreement under subsection 87 (8) of the Act:

        (i)    in a case where, in relation to the exercise of the power, the
               parties consent to the hearing and determination of the matter
               by a Judicial Registrar-irrespective of the gross value of the
               property; or

        (ii)   in any other case in relation to the exercise of the power-in
               respect of property having a gross value not exceeding
               $100,000;

   (r)  the power to make an order under subsection 87 (11) of the Act;

   (s)  the power to make an order under subsection 92 (1) of the
        Marriage Act  1961 ;

   (t)  the power to make an order under subsection 44 (2) or (3) or
        section 92 of the Child Support Act 1988;

   (u)  the powers of the Court under regulations 4, 5 and 6, subregulations
        28A (6), (7) and (8), regulation 29, subregulations 31 (1), 32 (1) and
        34 (1), regulation 38, subregulations 39 (3) and 50 (4), regulation 51
        and subregulation 52 (1) of the Family Law Regulations;

   (v)  the powers of the Court under regulations 15, 16 and 17 and
        subregulation 24 (6) of the Family Law (Child Abduction Convention)
        Regulations;

   (w)  the power under subrule 5 (2) of Order 25 of these Rules in relation
        to a report;

   (x)  any power under Order 33 of these Rules to make an order in relation
        to enforcement;

   (y)  the power to make an order referred to in rule 1 of Order 34 of these
        Rules in relation to a contempt in the face of the Court alleged, or
        appearing to a Judicial Registrar to have occurred, in proceedings
        before that Judicial Registrar. Protection and immunity of Judicial
        Registrar

"4. In the exercise of a power of the Court or in the conduct of a conference
or inquiry under these Rules, a Judicial Registrar has the same protection and
immunity as a Judge or Magistrate. Prescribed times in relation to review

"5. (1) For the purposes of subsection 26C (1) of the Act, the following time
is prescribed in relation to an application to the Court to review the
exercise of a power by a Judicial Registrar, namely:

   (a)  in the case of a power referred to in paragraph (a) of rule 3 of this
        Order-a time 7 days after the day on which the Judicial Registrar
        exercises the power; or

   (b)  in the case of a power referred to in any of paragraphs (b) to (y)
        (inclusive) of rule 3 of this Order-a time one month after the day on
        which the Judicial Registrar exercises the power.

"(2) For the purposes of subsection 37A (9) of the Act, the following time is
prescribed in relation to an application to the Court to review the exercise
by a Registrar of any of the powers of the Court pursuant to a delegation
under rule 2 of this Order, namely, a time 7 days after the day on which the
Registrar exercises the power. Extensions of time

"6. (1) A time prescribed by rule 5 of this Order in relation to a Judicial
Registrar may be extended in any proceedings:

   (a)  by the Court or a Judicial Registrar on such terms as the Court or
        Judicial Registrar thinks fit; or

   (b)  by the consent of all the parties to those proceedings; whether or not
        that time has expired.

"(2) The time prescribed by rule 5 of this Order in relation to a Registrar
may be extended in any proceedings:

   (a)  by the Court or a Registrar upon such terms as the Court or Registrar
        thinks fit; or

   (b)  by the consent of all the parties to those proceedings; whether or not
        that time has expired.

"(3) Where a time prescribed by rule 5 of this Order is extended by the
consent of all the parties to the relevant proceedings, the consent may be
endorsed on the cover sheet of the application filed in those proceedings.".
Procedure on application for review

"7. (1) An application for a review of an exercise of power by a Judicial
Registrar or a Registrar shall be in accordance with Form 44.

"(2) Not later than 7 days after the filing of an application, the applicant
shall provide to each other party to the relevant proceedings, by assured
service, a sealed copy of the application.

"(3) Subject to this rule, an application for a review of an exercise of power
by a Judicial Registrar or a Registrar shall not operate as a stay of the
order under review.

"(4) A court reviewing an exercise of power by a Judicial Registrar or a
Registrar shall proceed by a way of a hearing de novo but may have regard to
the proceedings, including the evidence given and any affidavit filed, before
the Judicial Registrar or Registrar, as the case requires.

"(5) A review of an exercise of power referred to in subrule (3) shall be
taken, for the purposes of section 55 of the Act, to be an appeal within the
meaning of that section.

"(6) In this rule, a reference to an exercise of power by a Registrar includes
a reference to a decision made in relation to an appeal by the appeal
registrar within the meaning of Order 32.". 


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