- (1)
- All of the powers vested in the Family Court by legislative provisions in
relation to a case in which the court is exercising original jurisdiction are
delegated to each Judicial Registrar except the power to make:
- (a)
- an
excluded child order;
- (b)
- an order setting aside a registered award under section 19G of the
Act;
- (c)
- an order or declaration under section 78, 79 or 79A or subsection
87 (8), 90J (3) or 90K (1) of the Act, if the gross value of
the property is more than $2 000 000;
- (d)
- an order under section 70NL of the Act to vary or discharge an order under
paragraph 70NJ (3) (a) of the Act that was not made by a Judicial
Registrar;
- (e)
- an order under section 112AK of the Act to vary or discharge an order
under section 112AD of the Act that was not made by a Judicial Registrar;
- (f)
- an order under the Marriage Act 1961 ;
- (g)
- an order reviewing the exercise of a power by a Judicial Registrar,
Registrar or Deputy Registrar; and
- (h)
- any of the orders under these Rules mentioned in Table 18.1.
Table 18.1
Powers not delegated to Judicial Registrars
Item
|
Provision of these Rules
|
Description (for information only)
|
1
|
rule 4.07
|
Power to transfer a cross-vesting matter
|
2
|
Division 4.2.3
|
Power to make an order in relation to a medical procedure application
|
3
|
Part 10.3
|
Power to make a summary order or separate decision relating to an application
that is not within the Judicial Registrar's jurisdiction
|
4
|
rule 11.04
|
Power to make an order in relation to a frivolous or vexatious case
|
5
|
rule 11.05
|
Power to make an order in relation to an application for permission to start a
case
|
Note
The powers of the court in its appellate jurisdiction, set out in
Part X of the Act, are not delegated to Judicial Registrars.
- (2)
- Despite
paragraph (1) (f), the power to make an order under subsection 92
- (1)
- of the
Marriage Act 1961 is delegated to a Judicial Registrar.
- (3)
- Paragraphs (1) (b), (c), (d), (e) and (h) do not apply to an order
that is:
- (a)
- an order until further order;
- (b)
- an order made in an undefended case; or
- (c)
- an order made with the consent of all the parties to the case.
- (4)
- Paragraph (1) (c) does not apply if:
- (a)
- the order is a flagging
order; or
- (b)
- the parties consent to the exercise of the power by a Judicial Registrar.
- (5)
- For paragraph (1) (c), the value of any superannuation interest must
be included in the calculation of the gross value of the property.
Note
Under section 90MC of the Act, a superannuation interest is to be treated as
property for the purposes of paragraph (ca) of the definition of matrimonial
cause in section 4 of the Act.