Section 135 — Federal Circuit and Family Court of Australia Act 2021: General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)

(1) For the purpose of the organisation and conduct of the business of the Federal Circuit and Family Court of Australia (Division 2), the Court comprises the following Divisions: (a) the General Division; (b) the Fair Work Division. (2) Every proceeding in the Federal Circuit and Family Court of Australia (Division 2) must be instituted, heard and determined in a Division mentioned in subsection (1). Fair Work Division (3) The following jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised in the Fair Work Division: (a) jurisdiction that is required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction. Note: Under section 567 of the Fair Work Act 2009, jurisdiction is required to be exercised in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2) in relation to matters arising under that Act. General Division (4) The following jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised in the General Division: (a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division). Jurisdiction that is required to be exercised in more than one Division (5) If the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is required to be exercised in both the General Division and the Fair Work Division in relation to particular proceedings or proceedings of a particular kind, the Chief Judge may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to the General Division or the Fair Work Division of those proceedings or proceedings of that kind.