Family Law Act

1

sections 14C, 16A and 16B

Power to refer parties to counselling and to adjourn the case until the parties have received counselling

2

sections 19B and 19BA

Power to refer parties to mediation and to adjourn the case until the parties have had mediation

3

sections 19D and 19E

Power to refer parties to arbitration and to make procedural orders to assist arbitration

4

sections 33B and 33C

Power to transfer a case, in whole or in part, to the Federal Magistrates Court

5

subsection 37A (1)

All powers except the powers in paragraph (f)

Note
The delegations mentioned in this item are subject to the restrictions imposed by subsection 37A (6) of the Act.

6

subsection 44 (1C)

Power to make an order for divorce within 2 years of the date of marriage

7

section 45

Power to transfer a case to another court

8

subsection 46 (3A)

Power to remove a case from a court of summary jurisdiction

9

section 48

Power to make a decree of dissolution of marriage in an undefended case

10

subsection 55 (2)

Power to reduce or increase the time for a decree absolute

11

section 55A

Power to make a declaration about arrangements for children after a divorce

12

section 57

Power to rescind a decree nisi

13

section 62F

Power to order parties to attend counselling

14

section 62G

Power to order a family report

15

subsection 63E (3)

Power to approve a parenting plan

16

subsection 65F (1)

Power to make an order that the parties attend mediation with a family and child counsellor or a welfare officer to discuss the matter to which the case relates

17

section 68L

Power to make an order that a child is to be separately represented

18

paragraph 79 (9) (c)

Power to make an order dispensing with requirement to attend a conference

19

subsection 91B (1)

Power to request that a prescribed child welfare authority intervene in a case in which a child's welfare is or may be affected

20

subsections 92 (1) and (2)

Power to make an order entitling a person to intervene in a case

21

subsection 97 (1A)

Power to exercise powers in chambers

22

subsection 97 (2)

Power to make an order that a specified person is not, or specified persons are not, to be present in court during the case or during a specified part of the case that is within the Deputy Registrar's power

23

section 98A

Power to make an order granting an undefended Application for Divorce in the absence of the parties

24

section 101

Power to protect a witness in relation to a case being heard by the Deputy Registrar

25

section 109A

Power to enforce an order in relation to a financial matter

26

subsection 114 (3)

Power to grant an injunction in relation to an obligation to be enforced under Chapter 20

27

subsection 117  (2)

Power to make a costs order in a case before the Deputy Registrar, except an order for security for costs

Family Law Regulations

28

subregulation 4 (1)

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

29

regulation 5

Power to make an order in relation to a case if a party has not complied with the Regulations or these Rules

30

paragraph 6 (1) (a)

Power to relieve a party from non-compliance with a regulation, rule or order made by a Registrar

1

Part 1.2

Power to make an order in relation to promoting or achieving the main purpose of these Rules

2

Part 1.3

Power:

(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 mentioned in these Rules;
(c) to set aside or vary an order made in exercise of a power under these Rules;
(d) on application or own initiative, to dispense with compliance of any of these Rules;
(e) to hear an application if another Deputy Registrar is unavailable;
(f) on application, to shorten or extend a time for doing an act under these Rules; and
(g) to specify a time by which an action under a rule or order is to be taken

3

rule 5.06

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

4

rule 5.07

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

5

Part 5.4

Power to make an order in relation to a hearing on the papers in the absence of the parties, except in relation to an interim order

6

rule 6.04

Power to remove a party to a case

7

rule 6.15

Power to make an order about the progress of a case after a party dies

8

Chapter 7

Power to make an order in relation to service

9

rule 8.02

Power to make an order to appoint or remove a child representative

10

rule 10.11 (except subrule (5))

Power to permit a case to be discontinued

11

Part 10.4

Power to make an order in relation to a consent order

12

rule 11.01 (except paragraphs 3 (d) and (k) of Table 11.1)

Power to exercise the court's powers in relation to case management

13

paragraphs 11.02 (2) (d) and (g)

Power to exercise the court's power to make orders if a party does not comply with a legislative provision or order

14

paragraph 11.03 (1) (a)

Power to grant relief from the effect of subrule 11.02 (1)

15

subrule 11.10 (1)

Power to order amendment of application or response

16

rule 11.14

Power to disallow an amendment of a document

17

rule 11.15

Power to order that a case be determined as a small claim

18

Part 11.3

Power to determine a case in chambers, and to transfer a case or a court file

19

Chapter 12

Power to make an order in relation to the court events that parties to an Application for Final Orders must attend

20

Chapter 13 (except rule 13.14)

Power to make an order in relation to disclosure in a case

21

rule 14.01 (except subrules (2) and(5))

Power to make an order for the inspection or valuation of property

22

rule 15.03

Power to make an order in relation to the preparation of a family report

23

rule 15.06

Power to make an order in relation to the reliance on an affidavit at a hearing or trial

24

rule 15.13

Power to order that objectionable material be struck out of an affidavit

25

rule 15.18

Power to permit a self-represented party to request the issue of a subpoena

26

subrule 15.19 (2)

Power to issue a subpoena after a hearing or trial date has been fixed

27

subrule 15.22 (2)

Power to permit a subpoena to be served on a child

28

rule 15.26

Power to make an order to set aside a subpoena or in relation to payment of loss or expense or other relief in relation to a subpoena

29

rule 15.32

Power to permit a person to inspect or copy a document produced in compliance with a subpoena

30

subrule 15.34 (3)

Power to permit a party to inspect and copy a document from another court produced to the court

31

Part 15.5

Power to make an order in relation to the appointment of an expert witness and expert evidence

32

Chapter 19 (except Parts 19.2 and 19.8)

Power to make an order in relation to costs and the assessment of costs

33

Chapter 20 (except Divisions 20.2.2 and 20.3.2, rule 20.37, and Parts 20.5, 20.6 and 20.7)

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

34

rule 22.18

Power to conduct a settlement conference or procedural hearing

35

rule 22.20

Power to make orders at a procedural hearing

36

Chapter 23

Power to make an order in relation to registration of documents

37

Chapter 24

Power to make an order in relation to general requirements for documents and their filing and procedures relating to registry records