Federal Circuit and Family Court of Australia Act 2021
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act is the Federal Circuit and Family Court of Australia Act 2021.
Section 2 — Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect…
Section 3 — Crown to be bound
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
Section 4 — External Territories
This Act extends to every external Territory.
Section 5 — Objects of this Act
The objects of this Act are: (a) to ensure that justice is delivered by federal courts effectively and efficiently; and (b) to provide for just outcomes, in particular, in family law or child support…
Section 6 — Simplified outline of this Act
The federal court known as the Family Court of Australia continues in existence as the Federal Circuit and Family Court of Australia (Division 1). The Court consists of the Chief Justice, the Deputy…
Section 7 — Definitions
(1) In this Act: administrative affairs: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), has a meaning affected by subsection 78(2); and (b) in relation to the…
Section 8 — Federal Circuit and Family Court of Australia
(1) The federal court known immediately before the commencement day as the Family Court of Australia is continued in existence as the Federal Circuit and Family Court of Australia (Division 1). (2)…
Section 9 — Federal Circuit and Family Court of Australia (Division 1)
(1) The Federal Circuit and Family Court of Australia (Division 1) is: (a) a superior court of record; and (b) a court of law and equity. (2) The Federal Circuit and Family Court of Australia…
Section 10 — Federal Circuit and Family Court of Australia (Division 2)
(1) The Federal Circuit and Family Court of Australia (Division 2) is: (a) a court of record; and (b) a court of law and equity. (2) The Federal Circuit and Family Court of Australia (Division 2)…
Section 11 — 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…
Section 12 — Judges to be assigned to particular location
(1) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge: (a) must not sit at another location on a permanent basis unless the Minister and the Chief…
Section 13 — Authorised Judges may manage classes of proceedings
(1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified: (a) in the instrument; or (b) by the Rules of Court. (2) In…
Section 14 — Style
Chief Justice (1) The Chief Justice is to be styled “the Honourable Chief Justice (name) of the Federal Circuit and Family Court of Australia (Division 1)”. Deputy Chief Justice (2) The Deputy Chief…
Section 15 — Seniority
(1) The order of seniority of the Judges of the Federal Circuit and Family Court of Australia (Division 1) is as follows: (a) the Chief Justice; (b) the Deputy Chief Justice; (c) Senior Judges,…
Section 16 — Oath or affirmation of allegiance and office
(1) Before proceeding to discharge the duties of office, a Judge must take: (a) an oath or affirmation of allegiance in the form in the Schedule to the Constitution; and (b) an oath or affirmation in…
Section 17 — Constitution of a Full Court
(1) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) consists of 3 or more Judges sitting together or, to the extent allowed by subsection (2), of 2 Judges sitting…
Section 18 — Remuneration
(1) A Judge is to receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament. (2) The salary and annual allowances of a…
Section 19 — Resignation from office
(1) A Judge may resign office by delivering a written resignation to the Governor-General. (2) The resignation takes effect on the day it is received by the Governor-General or, if a later day is…
Section 20 — Removal from office
A Judge must not be removed from office except by the Governor-General, on an address from both Houses of the Parliament in the same session, praying for the Judge’s removal on the ground of proved…
Section 21 — Dual appointments
Chief Justice (1) Nothing in this Act prevents the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) from being appointed to, and holding at the same time, the office of…
Section 22 — Judge also holding office of a prescribed court
(1) Despite any provision of any other Act, a person may hold office at the one time as: (a) a Judge of the Federal Circuit and Family Court of Australia (Division 1); and (b) a Judge of a prescribed…
Section 23 — Judge also holding office of a State Family Court
(1) If a person who holds office as a Judge of the Federal Circuit and Family Court of Australia (Division 1) is appointed or serves as a Judge of a Family Court of a State, the appointment or…
Section 24 — Acting Chief Justice
(1) The Deputy Chief Justice may act as Chief Justice: (a) during a vacancy in the office of Chief Justice (whether or not an appointment has previously been made to the office); or (b) during any…
Section 25 — Original jurisdiction
(1) The Federal Circuit and Family Court of Australia (Division 1) has original jurisdiction: (a) if a matter, being the subject of a family law or child support proceeding, is transferred to the…
Section 26 — Appeals
Appeals generally (1) Subject to section 28, the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to hear and determine appeals from: (a) a judgment of a single Judge of…
Section 27 — Family law regulations to be sole source of certain appellate jurisdiction
Despite section 26, the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C…
Section 28 — Leave to appeal needed for some family law or child support proceedings
Appeals from judgments of the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia (1) Leave of the Federal Circuit and Family Court of Australia…
Section 29 — Jurisdiction in associated matters
To the extent that the Constitution permits, jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 1) in respect of matters not otherwise within its jurisdiction…
Section 30 — Exercise of original jurisdiction
(1) The original jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by the Court constituted by a single Judge. (2) In a matter before, or coming…
Section 31 — Application
(1) This Subdivision applies to the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a judgment of a court other than a court of summary…
Section 32 — Exercise of appellate jurisdiction
Appeals heard by Full Court or a single Judge (1) Subject to this section, the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by: (a) in…
Section 33 — Appeal may be determined without an oral hearing
(1) An appeal under subsection 26(1) may be dealt with by the Federal Circuit and Family Court of Australia (Division 1) without an oral hearing if the parties to the appeal consent to the appeal…
Section 34 — Cases stated and questions reserved
(1) The following have effect: (a) a court from which appeals lie to the Federal Circuit and Family Court of Australia (Division 1) may state any case or reserve any question concerning a matter with…
Section 35 — Evidence on appeal
In an appeal, the Federal Circuit and Family Court of Australia (Division 1): (a) must have regard to the evidence given in the proceedings out of which the appeal arose; and (b) has the power to…
Section 36 — Form of judgment on appeal
(1) Subject to any other Act, the Federal Circuit and Family Court of Australia (Division 1) may, in the exercise of its appellate jurisdiction: (a) affirm, reverse or vary the judgment appealed…
Section 37 — Court divided in opinion
If the Judges constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) for the purposes of any proceeding are divided in opinion as to the judgment to be…
Section 38 — Stay of proceedings and suspension of orders
(1) If an appeal to the Federal Circuit and Family Court of Australia (Division 1) from another court has been instituted: (a) the Federal Circuit and Family Court of Australia (Division 1) or a…
Section 39 — Appeals relating to court security orders
(1) This section deals with the application of this Subdivision in relation to the making, variation or revocation of a court security order under Part 4 of the Court Security Act 2013 by a member…
Section 40 — Exercise of certain appellate jurisdiction under family law regulations
Despite the provisions of this Subdivision, the exercise of the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a matter arising under…
Section 41 — Application
(1) This Subdivision applies to the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a judgment of a court of summary jurisdiction of a State or…
Section 42 — Exercise of appellate jurisdiction
(1) The appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by the Court constituted by a single Judge. (2) In a matter before, or coming…
Section 43 — Determination of matter completely and finally
In every matter before the Federal Circuit and Family Court of Australia (Division 1), the Court must grant, either: (a) absolutely; or (b) on such terms and conditions as the Court thinks just; all…
Section 44 — Making of orders and issuing writs
The Federal Circuit and Family Court of Australia (Division 1) has power, in relation to matters in which it has jurisdiction, to: (a) make orders of such kinds as the Court considers appropriate; or…
Section 45 — Contempt of court
(1) The Federal Circuit and Family Court of Australia (Division 1) has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the…
Section 46 — Summary judgment
(1) The Federal Circuit and Family Court of Australia (Division 1) may give judgment for one party against another in relation to the whole or any part of a proceeding if: (a) the first party is…
Section 47 — Arrangement of business
(1) The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit and Family Court of Australia (Division 1). (2) In…
Section 48 — Complaints
(1) The Chief Justice may, if a complaint is made about another Judge of the Federal Circuit and Family Court of Australia (Division 1), deal with the complaint by doing either or both of the…
Section 49 — Protection for the Chief Justice and Deputy Chief Justice
(1) In exercising the functions or powers mentioned in paragraph 47(2)(b), the Chief Justice has the same protection and immunity as if the Chief Justice were exercising those functions or powers as,…
Section 50 — Prohibition on instituting first instance family law or child support proceedings
(1) A person must not institute family law or child support proceedings (other than appellate proceedings) in the Federal Circuit and Family Court of Australia (Division 1). Note: For the institution…