Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 12, 2021
Compilation No. 11
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Federal Circuit and Family Court of Australia Act 2021 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
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
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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
12, 2021 | 1 Mar 2021 | 1 Sept 2021 (s 2(1) item 1) |
| |
13, 2021 | 1 Mar 2021 | Sch 1 (items 239, 240) and Sch 5 (items 14-31): 1 Sept 2021 (s 2(1) items 3, 15) | Sch 1 (items 240, 273, 274) and Sch 5 (items 14-31) | |
Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022 | 3, 2022 | 17 Feb 2022 | Sch 2 (items 3, 4): 18 Feb 2022 (s 2(1) item 4) | -- |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (items 46-49): 18 Oct 2023 (s 2(1) item 3) | -- |
87, 2023 | 6 Nov 2023 | Sch 2 (items 31-33, 38), Sch 5 (items 12, 19-35) and Sch 6 (item 10): 6 May 2024 (s 2(1) items 3, 7, 10, 11) | Sch 5 (item 35) and Sch 9 (item 3) | |
Federal Courts Legislation Amendment (Judicial Immunity) Act 2023 | 102, 2023 | 27 Nov 2023 | Sch 1 (items 2-5): 28 Nov 2023 (s 2(1) item 1) | Sch 1 (item 5) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 10 (item 2): 14 Oct 2024 (s 2(1) item 2) | -- |
Attorney-General's Portfolio Miscellaneous Measures Act 2024 | 41, 2024 | 11 June 2024 | Sch 4 (items 11-13): 12 June 2024 (s 2(1) item 5) | -- |
Australian Human Rights Commission Amendment (Costs Protection) Act 2024 | 89, 2024 | 1 Oct 2024 | Sch 1 (items 4, 5, 7): 2 Oct 2024 (s 2(1) item 1) | Sch 1 (item 7) |
Provision affected | How affected |
Chapter 1 |
|
Part 2 |
|
s 7..................... | am No 87, 2023 |
Chapter 3 |
|
Part 1 |
|
Division 3 |
|
s 23.................... | am No 87, 2023 |
Part 2 |
|
Division 2 |
|
s 26.................... | am No 13, 2021 |
Part 6 |
|
Division 4 |
|
s 67.................... | am No 87, 2023 |
s 68.................... | am No 87, 2023 |
s 68A................... | ad No 87, 2023 |
Division 8 |
|
s 76.................... | am No 13, 2021; No 41, 2024 |
s 77.................... | rep No 13, 2021 |
Part 7 |
|
Division 1 |
|
s 82.................... | am No 13, 2021 |
Division 3 |
|
s 98.................... | am No 13, 2021; No 87, 2023 |
Chapter 4 |
|
Part 1 |
|
Division 3 |
|
s 122................... | am No 38, 2024 |
s 125................... | am No 38, 2024 |
s 126................... | am No 38, 2024 |
s 127................... | am No 13, 2021; No 38, 2024 |
Part 2 |
|
Division 3 |
|
s 136................... | am No 3, 2022 |
Division 4 |
|
s 143................... | am No 87, 2023 |
Part 5 |
|
Division 1 |
|
s 156................... | am No 74, 2023 |
Division 2 |
|
s 169................... | am No 102, 2023 |
s 170................... | am No 102, 2023 |
Part 6 |
|
Division 1 |
|
s 174................... | am No 41, 2024 |
Division 4 |
|
s 190................... | am No 87, 2023 |
s 191................... | am No 74, 2023; No 87, 2023 |
s 191A.................. | ad No 87, 2023 |
Division 8 |
|
s 214................... | am No 89, 2024 |
Division 10 |
|
s 217................... | am No 13, 2021; No 41, 2024 |
s 218................... | rep No 13, 2021 |
s 224................... | am No 87, 2023 |
Part 7 |
|
Division 1 |
|
s 228................... | am No 74, 2023 |
Part 9 |
|
Division 1 |
|
s 249................... | am No 13, 2021 |
Division 3 |
|
s 254................... | am No 13, 2021; No 87, 2023 |
s 257................... | am No 102, 2023 |
Part 10 |
|
Part 10.................. | ad No 102, 2023 |
s 277A.................. | ad No 102, 2023 |
Chapter 5 |
|
Part 2 |
|
s 284................... | am No 87, 2023 |