Federal Circuit and Family Court of Australia Act 2021
Sections and provisions with full text and the judgments that cite each one.
Section 51 — Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2)
(1) If: (a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and (b) the proceeding is a family law or child support proceeding; the Chief Justice may, by…
Section 52 — Discretionary transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 2)
(1) If: (a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 1); and (b) the proceeding is a family law or child support proceeding; the Chief Justice may, by…
Section 53 — Rules of Court
(1) The Rules of Court may make provision in relation to: (a) transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) under subsection 51(1); or (b) transfers of…
Section 54 — Delegation
The Chief Justice may, in writing, delegate the Chief Justice’s powers under section 51 or 52 to any one or more of the Judges.
Section 55 — Appeals to the High Court
(1) An appeal must not be brought directly to the High Court from: (a) a judgment of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) in the exercise of its appellate…
Section 56 — Practice and procedure
(1) Subject to this Chapter and the Family Law Act 1975, the practice and procedure of the Federal Circuit and Family Court of Australia (Division 1) is to be in accordance with: (a) regulations made…
Section 57 — Representation
A party to a proceeding before the Federal Circuit and Family Court of Australia (Division 1) is not entitled to be represented by another person unless: (a) under the Judiciary Act 1903, the other…
Section 58 — Filing of documents in the Federal Circuit and Family Court of Australia (Division 1)
(1) If a document is required or permitted to be filed in the Federal Circuit and Family Court of Australia (Division 1): (a) the document is to be filed: (i) at a registry of the Court; or (ii) in…
Section 59 — Seal of the Federal Circuit and Family Court of Australia (Division 1)
(1) The Federal Circuit and Family Court of Australia (Division 1) is to have a seal, and the design of the seal is to be determined by the Minister. (2) The seal of the Federal Circuit and Family…
Section 60 — Federal Circuit and Family Court of Australia (Division 1) stamps
(1) There are to be one or more Federal Circuit and Family Court of Australia (Division 1) stamps. For this purpose, a Federal Circuit and Family Court of Australia (Division 1) stamp is a stamp the…
Section 61 — Writs etc.
(1) All writs, commissions and process issued from the Federal Circuit and Family Court of Australia (Division 1) must be: (a) under the seal of the Court; and (b) signed (including by way of…
Section 62 — Proceedings may be instituted by application
(1) Proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 1) by way of application without the need for pleadings. (2) Subsection (1) has effect subject to the…
Section 63 — Limits on length of documents
(1) The Federal Circuit and Family Court of Australia (Division 1) or a Judge may give directions about limiting the length of documents required or permitted to be filed in the Court. (2) Subsection…
Section 64 — Place of sitting
Sittings of the Federal Circuit and Family Court of Australia (Division 1) must be held from time to time as required and the Court may sit at any place in Australia.
Section 65 — Change of venue
The Federal Circuit and Family Court of Australia (Division 1) or a Judge may, at any stage of a proceeding in the Court, order that the proceeding, or a part of the proceeding, be conducted or…
Section 66 — Formal defects not to invalidate
(1) Proceedings in the Federal Circuit and Family Court of Australia (Division 1) are not invalidated by a formal defect or an irregularity, unless the Court is of the opinion that: (a) substantial…
Section 67 — Overarching purpose of civil practice and procedure provisions
(1) The overarching purpose of the civil practice and procedure provisions, in relation to the Federal Circuit and Family Court of Australia (Division 1), is to facilitate the just resolution of…
Section 68 — Parties to act consistently with the overarching purpose
(1) The parties to a civil proceeding before the Federal Circuit and Family Court of Australia (Division 1) must conduct the proceeding (including negotiations for settlement of the dispute to which…
Section 68A — Proceedings under the Family Law Act 1975
Sections 67 and 68 do not apply in relation to proceedings under the Family Law Act 1975. Note: See sections 95 and 96 of the Family Law Act 1975 for the overarching purpose of provisions dealing…
Section 69 — Power of the Federal Circuit and Family Court of Australia (Division 1) to give directions about practice and procedure in a civil proceeding
(1) The Federal Circuit and Family Court of Australia (Division 1) or a Judge may give directions about the practice and procedure to be followed in relation to a civil proceeding, or any part of a…
Section 70 — Chief Justice to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 2)
For the purposes of ensuring the efficient resolution of family law or child support proceedings, the Chief Justice must work cooperatively with the Chief Judge with the aim of ensuring common…
Section 71 — Oaths and affirmations
(1) A Judge may require and administer all necessary oaths and affirmations for the purposes of the Federal Circuit and Family Court of Australia (Division 1). (2) A Judge may cause to be…
Section 72 — Swearing of affidavits etc.
(1) An affidavit to be used in a proceeding in the Federal Circuit and Family Court of Australia (Division 1) may be sworn or affirmed in Australia before: (a) a Judge; or (b) the Chief Executive…
Section 73 — Orders and commissions for examination of witnesses
The Federal Circuit and Family Court of Australia (Division 1) or a Judge may, for the purposes of any proceeding before the Court or Judge: (a) order the examination of a person upon oath or…
Section 74 — Reserved judgments etc.
(1) If: (a) the Federal Circuit and Family Court of Australia (Division 1) reserves judgment in a proceeding; and (b) a Judge who heard the proceeding, whether as a single Judge or as a member of a…
Section 75 — Chief Justice to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 2)
For the purposes of ensuring the efficient resolution of family law or child support proceedings, the Chief Justice must work cooperatively with the Chief Judge with the aim of ensuring: (a) common…
Section 76 — 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…
Section 78 — Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)
(1) The Chief Justice is responsible for managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1). (2) The administrative affairs of the Federal Circuit…
Section 79 — Arrangements with other courts
(1) The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Federal Circuit…
Section 80 — Arrangements with agencies or organisations
(1) The Chief Justice may arrange with the chief executive officer (however described) of: (a) an agency of the Commonwealth, a State or a Territory; or (b) another organisation; for an employee or…
Section 81 — Arrangements for sharing courtrooms and other facilities
The Chief Justice may make arrangements with the chief judicial officer (however described) of another Australian court for: (a) the Federal Circuit and Family Court of Australia (Division 1) to sit…
Section 82 — Advisory committees
(1) The Federal Circuit and Family Court of Australia (Division 1) may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Court in relation to…
Section 83 — Chief Executive Officer
There is to be a Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).
Section 84 — Function of Chief Executive Officer
The Chief Executive Officer’s function is to assist the Chief Justice in managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1). Note: In relation to…
Section 85 — Powers of Chief Executive Officer
(1) The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Justice under section 84. (2) In particular, the Chief Executive…
Section 86 — Appointment
The Chief Executive Officer is to be appointed, on a full-time basis, by the Governor-General by written instrument on the nomination of the Chief Justice. Note: The Chief Executive Officer is…
Section 87 — Term of appointment
The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Section 88 — Remuneration and allowances
(1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief…
Section 89 — Leave of absence
(1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Chief Justice may grant to the Chief Executive Officer leave of…
Section 90 — Outside employment
(1) The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Chief Justice’s approval. (2) For the purposes of subsection…
Section 91 — Disclosure of interests
(1) The Chief Executive Officer must give written notice to the Chief Justice of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any…
Section 92 — Other terms and conditions
The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Chief Justice.
Section 93 — Resignation
(1) The Chief Executive Officer may resign the Chief Executive Officer’s appointment by giving the Governor-General a signed notice of resignation. (2) The resignation takes effect on the day it is…
Section 94 — Termination of appointment
(1) The Governor-General may terminate the appointment of the Chief Executive Officer: (a) for misbehaviour; or (b) if the Chief Executive Officer is unable to perform the duties of the Chief…
Section 95 — Acting Chief Executive Officer
The Chief Justice may, by written instrument, appoint a person to act as the Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer (whether or not an appointment has…
Section 96 — Registries
The Minister must cause such Registries of the Federal Circuit and Family Court of Australia (Division 1) to be established as the Minister thinks fit.
Section 97 — Senior Registrars and Registrars
The Federal Circuit and Family Court of Australia (Division 1) is to have such Senior Registrars and Registrars as are necessary.
Section 98 — Delegation
Delegation of powers (1) Judges, or a majority of them, may make Rules of Court delegating any of the powers of the Federal Circuit and Family Court of Australia (Division 1) to a delegate or a…
Section 99 — Independence of delegates
Despite any other provision of this Chapter and any provision of the Public Service Act 1999 or of any other law, a delegate is not subject to the direction or control of any person or body in…
Section 100 — Review of power exercised by delegate
(1) A party to proceedings in which a delegate has exercised any of the powers of the Federal Circuit and Family Court of Australia (Division 1) under section 98 may: (a) within the time prescribed…