Section 174 — Federal Circuit and Family Court of Australia Act 2021: Practice and procedure

(1) The practice and procedure of the Federal Circuit and Family Court of Australia (Division 2) is to be in accordance with: (a) the Rules of Court; and (b) the regulations. However, this subsection is subject to any provision made by or under this or any other Act with respect to practice and procedure of the Court. Note: Rules of Court are made under section 217 and regulations are made under section 285. (2) To the extent that the provisions mentioned in subsection (1) are insufficient: (a) in relation to the jurisdiction of the Court in a family law or child support proceeding—the Rules of Court made under Chapter 3 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Circuit and Family Court of Australia (Division 2) or a Judge, to the practice and procedure of the Court; and (b) in relation to the jurisdiction of the Court in a proceeding that is not a family law or child support proceeding—the Rules of Court made under the Federal Court of Australia Act 1976 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Circuit and Family Court of Australia (Division 2) or a Judge, to the practice and procedure of the Court. (3) In this section: practice and procedure includes all matters in relation to which: (a) Rules of Court may be made; and (b) regulations may be made.