Commonwealth Consolidated Acts

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 - SECT 11

  (1)   A Judge is to be appointed by the Governor - General by commission.

  (2)   A person is not to be appointed as a Judge unless:

  (a)   the person is or has been:

  (i)   a Judge of another court created by the Parliament or of a court of a State; or

  (ii)   enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory, for at least 5 years; and

  (b)   by reason of knowledge, skills, experience and aptitude, the person is a suitable person to deal with family law matters, including matters involving family violence.

  (3)   A person must not be appointed as a Judge if the person has attained the age of 70 years.

  (4)   The appointment of a Judge (including by way of promotion or to another judicial office) is to be for a term expiring upon the Judge attaining the age of 70 years.

Note 1:   Section   72 of the Constitution sets out requirements relating to the appointment and tenure of Judges.

Note 2:   Division   2 of this Part deals with terms and conditions of appointment.