FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021

Commonwealth Consolidated Acts

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Introduction

PART 1--INTRODUCTION

Division 1--Preliminary

1. Short title
2. Commencement
3. Crown to be bound
4. External Territories

Division 2--Objects of this Act

5. Objects of this Act

Division 3--Simplified outline of this Act

6. Simplified outline of this Act

PART 2--DEFINITIONS

7. Definitions

CHAPTER 2--Federal Circuit and Family Court of Australia

8. Federal Circuit and Family Court of Australia
9. Federal Circuit and Family Court of Australia (Division 1)
10. Federal Circuit and Family Court of Australia (Division 2)

CHAPTER 3--Federal Circuit and Family Court of Australia (Division 1)

PART 1--CONSTITUTION

Division 1--Constitution

11. Appointment of Judges
12. Judges to be assigned to particular location
13. Authorised Judges may manage classes of proceedings
14. Style
15. Seniority
16. Oath or affirmation of allegiance and office
17. Constitution of a Full Court

Division 2--Terms and conditions of judges

18. Remuneration
19. Resignation from office
20. Removal from office

Division 3--Judges of 2 or more courts

21. Dual appointments
22. Judge also holding office of a prescribed court
23. Judge also holding office of a State Family Court

Division 4--Acting Chief Justice

24. Acting Chief Justice

PART 2--JURISDICTION

Division 1--Original jurisdiction

25. Original jurisdiction

Division 2--Appellate jurisdiction

26. Appeals
27. Family law regulations to be sole source of certain appellate jurisdiction
28. Leave to appeal needed for some family law or child support proceedings

Division 3--Associated matters

29. Jurisdiction in associated matters

Division 4--Exercise of jurisdiction

Subdivision A--Original jurisdiction

30. Exercise of original jurisdiction

Subdivision B--Appellate jurisdiction (other than relating to courts of summary jurisdiction)

31. Application
32. Exercise of appellate jurisdiction
33. Appeal may be determined without an oral hearing
34. Cases stated and questions reserved
35. Evidence on appeal
36. Form of judgment on appeal
37. Court divided in opinion
38. Stay of proceedings and suspension of orders
39. Appeals relating to court security orders
40. Exercise of certain appellate jurisdiction under family law regulations

Subdivision C--Appellate jurisdiction relating to courts of summary jurisdiction

41. Application
42. Exercise of appellate jurisdiction

Subdivision D--Miscellaneous

43. Determination of matter completely and finally

Division 5--Certain powers relating to matters of jurisdiction

44. Making of orders and issuing writs
45. Contempt of court
46. Summary judgment

Division 6--Administration

47. Arrangement of business
48. Complaints
49. Protection for the Chief Justice and Deputy Chief Justice

PART 3--CERTAIN--PROCEEDINGS NOT TO BE INSTITUTED IN FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

50. Prohibition on instituting first instance family law or child support proceedings

PART 4--TRANSFER--OF PROCEEDINGS

51. Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2)
52. Discretionary transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 2)
53. Rules of Court
54. Delegation

PART 5--APPEALS

55. Appeals to the High Court

PART 6--PRACTICE--AND PROCEDURE

Division 1--General

56. Practice and procedure
57. Representation

Division 2--Documents filed in the Federal Circuit and Family Court of Australia (Division 1)

58. Filing of documents in the Federal Circuit and Family Court of Australia (Division 1)
59. Seal of the Federal Circuit and Family Court of Australia (Division 1)
60. Federal Circuit and Family Court of Australia (Division 1) stamps
61. Writs etc.
62. Proceedings may be instituted by application
63. Limits on length of documents

Division 3--Conduct of proceedings

64. Place of sitting
65. Change of venue
66. Formal defects not to invalidate

Division 4--Case management

67. Overarching purpose of civil practice and procedure provisions
68. Parties to act consistently with the overarching purpose
68A. Proceedings under the Family Law Act 1975
69. Power of the Federal Circuit and Family Court of Australia (Division 1) to give directions about practice and procedure in a civil proceeding
70. Chief Justice to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 2)

Division 5--Evidence

71. Oaths and affirmations
72. Swearing of affidavits etc.
73. Orders and commissions for examination of witnesses

Division 6--Judgments

74. Reserved judgments etc.

Division 7--Common approaches with the Federal Circuit and Family Court of Australia (Division 2)

75. Chief Justice to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 2)

Division 8--Rules of Court

76. Rules of Court

PART 7--MANAGEMENT--AND ADMINISTRATION

Division 1--Management responsibilities of the Chief Justice

78. Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)
79. Arrangements with other courts
80. Arrangements with agencies or organisations
81. Arrangements for sharing courtrooms and other facilities
82. Advisory committees

Division 2--Chief Executive Officer

Subdivision A--Functions and powers

83. Chief Executive Officer
84. Function of Chief Executive Officer
85. Powers of Chief Executive Officer

Subdivision B--Terms and conditions of appointment

86. Appointment
87. Term of appointment
88. Remuneration and allowances
89. Leave of absence
90. Outside employment
91. Disclosure of interests
92. Other terms and conditions
93. Resignation
94. Termination of appointment
95. Acting Chief Executive Officer

Division 3--Registries and registrars

96. Registries
97. Senior Registrars and Registrars
98. Delegation
99. Independence of delegates
100. Review of power exercised by delegate
101. Protection for Registrars
102. Oath or affirmation of office

Division 4--Other officers and staff

103. Officers of the Federal Circuit and Family Court of Australia (Division 1)
104. Marshal
105. Delegation by Registry Managers

Division 5--Miscellaneous administrative matters

106. Procedural information to be given to unrepresented parties
107. Annual report
108. Delegation of administrative powers of Chief Justice
109. Proceedings arising out of administration of the Federal Circuit and Family Court of Australia (Division 1)
110. Protection of persons involved in handling etc. complaints

CHAPTER 4--Federal Circuit and Family Court of Australia (Division 2)

PART 1--CONSTITUTION

Division 1--Constitution

111. Appointment of Judges
112. Assignment of Judges to Divisions
113. Authorised Judges may manage classes of proceedings
114. Style
115. Oath or affirmation of office

Division 2--Terms and conditions of serving Judges

116. Remuneration
117. Leave
118. Outside work
119. Other terms and conditions
120. Resignation from office
121. Removal from office

Division 3--Disability and death benefits

122. Certification of retired disabled Judges
123. Pensions for retired disabled Judges
124. Superannuation for retired disabled Judges
125. Death benefits
126. Relationship definitions
127. Meaning of eligible child
128. Appropriation

Division 4--Judges of 2 or more courts

129. Dual appointments

Division 5--Acting Chief Judge

130. Acting Chief Judge

PART 2--JURISDICTION

Division 1--Original jurisdiction

131. Original jurisdiction--general
132. Original jurisdiction--family law or child support matters
133. Original jurisdiction--Commonwealth tenancy disputes

Division 2--Associated matters

134. Jurisdiction in associated matters

Division 3--Exercise of jurisdiction

135. General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)
136. Exercise of jurisdiction--open court or in Chambers
137. Exercise of jurisdiction
138. Decisions to be final
139. Determination of matter completely and finally

Division 4--Certain powers relating to matters of jurisdiction

140. Making of orders and issue of writs
141. Declarations of right
142. Contempt of court
143. Summary judgment

Division 5--Administration

144. Arrangement of business
145. Complaints
146. Exercise of powers of General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)
147. Assignment of Judges to locations or registries
148. Protection for Chief Judge and Deputy Chief Judge

PART 3--TRANSFER--OF PROCEEDINGS

Division 1--Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)

149. Discretionary transfer of proceedings
150. Transferred proceedings returned to the Federal Circuit and Family Court of Australia (Division 2)
151. Rules of Court
152. Delegation

Division 2--Transfer of proceedings to the Federal Court

153. Discretionary transfer of proceedings
154. Rules of Court

PART 4--APPEALS

155. Appeals to the High Court may not be brought

PART 5--DISPUTE--RESOLUTION FOR PROCEEDINGS OTHER THAN PROCEEDINGS UNDER THE FAMILY LAW ACT 1975

Division 1--General

156. This Part does not apply to proceedings under the Family Law Act 1975
157. Federal Circuit and Family Court of Australia (Division 2) to consider whether to advise people to use dispute resolution processes
158. Federal Circuit and Family Court of Australia (Division 2) to advise people to use dispute resolution processes
159. Duty of legal practitioners to consider whether to advise people to use dispute resolution processes
160. Officers of the Federal Circuit and Family Court of Australia (Division 2) to advise people about dispute resolution processes
161. Conciliation
162. Referral of question of law--dispute resolution process (other than arbitration)
163. Rules of Court about dispute resolution processes
164. Regulations about dispute resolution processes
165. Rules of Court about costs of dispute resolution processes
166. Rules of Court about dispute resolution processes under the Family Law Act 1975
167. Consent orders

Division 2--Proceedings other than family law or child support proceedings

168. Scope of Division
169. Mediation
170. Arbitration
171. Power of arbitrator to refer question of law to the Federal Circuit and Family Court of Australia (Division 2)
172. Review of arbitration award on a question of law etc.
173. Arbitration awards

PART 6--PRACTICE--AND PROCEDURE

Division 1--General

174. Practice and procedure
175. Representation
176. Interrogatories and discovery

Division 2--Documents filed in the Federal Circuit and Family Court of Australia (Division 2)

177. Filing of documents in the Federal Circuit and Family Court of Australia (Division 2)
178. Seal of the Federal Circuit and Family Court of Australia (Division 2)
179. Federal Circuit and Family Court of Australia (Division 2) stamps
180. Writs etc.
181. Proceedings may be instituted by application
182. Limits on length of documents

Division 3--Conduct of proceedings

183. Place of sitting
184. Change of venue
185. Determination of proceedings without a jury
186. Decisions without oral hearing
187. Limits on the length of oral argument
188. Written submissions
189. Formal defects not to invalidate

Division 4--Case management

190. Overarching purpose of civil practice and procedure provisions
191. Parties to act consistently with the overarching purpose
191A. Proceedings under the Family Law Act 1975
192. Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding
193. Chief Judge to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 1)

Division 5--Evidence

194. Oaths and affirmations
195. Swearing of affidavits etc.
196. Orders and commissions for examination of witnesses
197. Time limits on giving of testimony
198. Federal Circuit and Family Court of Australia (Division 2) may question witnesses
199. Evidence may be given orally or by affidavit
200. Offences by witness

Division 6--Use of video links or audio links

201. Testimony by video link or audio link
202. Appearance of persons by video link or audio link
203. Making of submissions by video link or audio link
204. Conditions for use of video links and audio links
205. Putting documents to a person by video link or audio link
206. Administration of oaths and affirmations
207. Expenses
208. New Zealand proceedings

Division 7--Orders and judgments

209. Orders
210. Reserved judgments etc.
211. Interest up to judgment
212. Interest on judgment
213. Enforcement of judgment

Division 8--Costs

214. Costs
215. Security for costs

Division 9--Common approaches with the Federal Circuit and Family Court of Australia (Division 1)

216. Chief Judge to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 1)

Division 10--Rules of Court

217. Rules of Court
219. Documents
220. Service
221. Evidence
222. Orders and judgments
223. Costs
224. General
225. Incidental matters

PART 7--SUPPRESSION--AND NON-PUBLICATION ORDERS

Division 1--Introduction

226. Powers of Federal Circuit and Family Court of Australia (Division 2) not affected
227. Other laws not affected
228. This Part does not apply to proceedings under the Family Law Act 1975

Division 2--Suppression and non-publication orders

229. Safeguarding public interest in open justice
230. Power to make orders
231. Grounds for making an order
232. Procedure for making an order
233. Interim orders
234. Duration of orders
235. Exception for court officials
236. Contravention of order

PART 8--VEXATIOUS--PROCEEDINGS

Division 1--Introduction

237. Meaning of a person acting in concert
238. Powers of the Federal Circuit and Family Court of Australia (Division 2) not affected

Division 2--Vexatious proceedings orders

239. Making vexatious proceedings orders
240. Notification of vexatious proceedings orders

Division 3--Particular consequences of vexatious proceedings orders

241. Proceedings in contravention of vexatious proceedings order
242. Application for leave to institute proceedings
243. Dismissing application for leave
244. Granting application for leave

PART 9--MANAGEMENT--AND ADMINISTRATION

Division 1--Management responsibilities of the Chief Judge and the Chief Executive Officer

245. Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)
246. Arrangements with other courts
247. Arrangements with agencies or organisations
248. Arrangements for sharing courtrooms and other facilities
249. Advisory committees

Division 2--Chief Executive Officer

250. Function of Chief Executive Officer
251. Powers of Chief Executive Officer

Division 3--Registries and registrars

252. Registries
253. Senior Registrars and Registrars
254. Delegation
255. Independence of delegates
256. Review of power exercised by delegate
257. Protection for Registrars
258. Oath or affirmation of office

Division 4--Other officers and staff

Subdivision A--Officers and staff

259. Officers of the Federal Circuit and Family Court of Australia (Division 2)
260. Sheriff
261. Deputy Sheriffs
262. Marshal
263. Deputy Marshals
264. Family consultants
265. Staff of the Federal Circuit and Family Court of Australia (Division 2)

Subdivision B--Provisions relating to officers and staff

266. Arrangements relating to Commonwealth staff
267. Delegation by Registry Managers
268. Authorised persons to assist the Sheriff or Deputy Sheriffs
269. Authorised persons to assist the Marshal or Deputy Marshals
270. Actions by or against Sheriff or Marshal
271. Making arrests under this Chapter or warrants
272. Receivers

Division 5--Miscellaneous administrative matters

273. Procedural information to be given to unrepresented parties
274. Annual report
275. Delegation of the administrative powers of the Chief Judge
276. Proceedings arising out of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)
277. Protection of persons involved in handling etc. complaints

PART 10--MISCELLANEOUS

277A. Immunity for Judges of Federal Circuit and Family Court of Australia (Division 2)

CHAPTER 5--Miscellaneous

PART 1--ADMINISTRATION--OF FAMILY SERVICES

278. Chief Executive Officer has functions of family consultants
279. Chief Executive Officer may delegate powers and functions that relate to family consultants
280. Chief Executive Officer may give directions that relate to family services functions
281. Chief Executive Officer may authorise officers or staff members to act as family counsellor or family dispute resolution practitioner

PART 2--MISCELLANEOUS

282. References in other laws to a Judge of the Federal Circuit and Family Court of Australia
283. References in other laws to a Registrar of the Federal Circuit and Family Court of Australia
284. Review of operation of this Act
285. Regulations

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