Section 11 — Federal Circuit and Family Court of Australia Act 2021: Appointment of Judges

(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.