Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 has been enrolled as a legal practitioner (however described) of the High Court, or a 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 the kinds of matters that may be expected to come before the person as a Judge of the Federal Circuit and Family Court of Australia (Division 2).
(3) To avoid doubt, for the purposes of paragraph (2)(b), if the kinds of matters that may be expected to come before a person as a Judge of the Federal Circuit and Family Court of Australia (Division 2) are family law matters, the person, by reason of their knowledge, skills, experience and aptitude, is a suitable person to deal with those matters, including matters involving family violence.
(4) A person must not be appointed as a Judge if the person has attained the age of 70 years.
(5) 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.