Section 217 — Federal Circuit and Family Court of Australia Act 2021: Rules of Court

(1) The Judges, or a majority of them, may make Rules of Court: (a) providing for, or in relation to, the practice and procedure to be followed in the Federal Circuit and Family Court of Australia (Division 2) (including the practice and procedure to be followed in registries of the Court); or (b) providing for, or in relation to, all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Federal Circuit and Family Court of Australia (Division 2); or (c) prescribing penalties, not exceeding 50 penalty units, for offences against the Rules of Court; or (d) prescribing matters required or permitted by: (i) any other provision of this Chapter; or (ii) any other law of the Commonwealth; to be prescribed by the Rules of Court. (1A) Proposed Rules of Court are not to be made if the Chief Judge considers they are not consistent with the aim mentioned in paragraph 216(a) (ensuring common rules of court and forms). (2) Rules of Court have effect subject to any provision made by another Act, or by rules or regulations under another Act, with respect to the practice and procedure of the Federal Circuit and Family Court of Australia (Division 2) in particular matters. (3) The Legislation Act 2003 (other than sections 8, 9, 10 and 16 and Part 4 of Chapter 3 of that Act) applies in relation to Rules of Court made by Judges under this Chapter or another Act: (a) as if a reference to a legislative instrument (other than in subparagraph 14(1)(a)(ii) and subsection 14(3) of the Legislation Act 2003) were a reference to a rule of court; and (aa) as if a reference to a rule-maker were a reference to the Chief Judge acting on behalf of the Judges of the Court; and (b) subject to such further modifications or adaptations as are provided for in regulations made under section 285 of this Act. (4) Despite the fact that section 16 of the Legislation Act 2003 does not apply to Rules of Court made by Judges under this Chapter or another Act, the Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970) may provide assistance in the drafting of any of those Rules if the Chief Judge so desires.