Federal Circuit and Family Court of Australia Act 2021

Sections and provisions with full text and the judgments that cite each one.

Section 101 — Protection for Registrars

(1) In the following cases: (a) in conducting a conference that: (i) is with the parties to property settlement proceedings; and (ii) relates to the matter to which the proceedings relate; (b) in…

Section 102 — Oath or affirmation of office

(1) Before proceeding to discharge the duties of office, a Senior Registrar or Registrar must take an oath or affirmation in the form set out in whichever of subsection (3) or (4) is applicable. (2)…

Section 103 — Officers of the Federal Circuit and Family Court of Australia (Division 1)

(1) In addition to the Chief Executive Officer, there are the following officers of the Federal Circuit and Family Court of Australia (Division 1): (a) such Senior Registrars and Registrars of the…

Section 104 — Marshal

(1) The Marshal of the Federal Circuit and Family Court of Australia (Division 1) is responsible for the service and execution of all process of the Court directed to the Marshal. (2) The Marshal is…

Section 105 — Delegation by Registry Managers

(1) A Registry Manager of the Federal Circuit and Family Court of Australia (Division 1) may delegate all or any of a Registry Manager’s functions or powers under the Family Law Act 1975 to a person…

Section 106 — Procedural information to be given to unrepresented parties

The Chief Executive Officer may give directions and issue guidelines to officers and staff of the Federal Circuit and Family Court of Australia (Division 1) in relation to the procedural information…

Section 107 — Annual report

(1) As soon as practicable after 30 June in each financial year, the Chief Justice must prepare a report of the management of the administrative affairs of the Federal Circuit and Family Court of…

Section 108 — Delegation of administrative powers of Chief Justice

The Chief Justice may, in writing, delegate all or any of the Chief Justice’s powers under section 78 to any one or more of the Judges.

Section 109 — Proceedings arising out of administration of the Federal Circuit and Family Court of Australia (Division 1)

Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1) under this Part,…

Section 110 — Protection of persons involved in handling etc. complaints

(1) In exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1), or assisting in exercising those powers or performing those functions, a complaint handler has the same…

Section 111 — 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 has been enrolled as a legal practitioner (however…

Section 112 — Assignment of Judges to Divisions

The Governor-General may: (a) assign a Judge (other than the Chief Judge and a Deputy Chief Judge) to one of the Divisions either: (i) in the commission of appointment of the Judge; or (ii) at a…

Section 113 — Authorised Judges may manage classes of proceedings

(1) The Chief Judge 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 114 — Style

Chief Judge (1) The Chief Judge is to be styled “His Honour Chief Judge (name) of the Federal Circuit and Family Court of Australia (Division 2)” or “Her Honour Chief Judge (name) of the Federal…

Section 115 — Oath or affirmation of office

(1) Before proceeding to discharge the duties of office, a Judge must take an oath or affirmation in accordance with the form set out in whichever of subsection (3) or (4) is applicable. (2) The oath…

Section 116 — Remuneration

(1) A Judge is to be paid such remuneration as is determined by the Remuneration Tribunal. (2) Subsection (1) has effect subject to the Remuneration Tribunal Act 1973. (3) In this section:…

Section 117 — Leave

A Judge has the recreation leave entitlements that are determined by the Remuneration Tribunal.

Section 118 — Outside work

(1) A Judge must not engage in paid work outside the duties of the Judge’s office if that work is incompatible with the holding of a judicial office under Chapter III of the Constitution. (2) A Judge…

Section 119 — Other terms and conditions

(1) A Judge holds office on such terms and conditions (if any) in relation to matters not covered by this Act as are specified in a written determination made by the Governor-General for the purposes…

Section 120 — 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 121 — 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 122 — Certification of retired disabled Judges

(1) If: (a) a Judge retires; and (b) the Judge has not attained the age of 70 years; the Minister may be requested to certify that the Judge is a retired disabled Judge. (2) On receiving the request,…

Section 123 — Pensions for retired disabled Judges

(1) A retired disabled Judge is entitled to a pension until the retired disabled Judge attains the age of 70 years or dies, whichever happens first. Annual rate of pension (2) The annual rate of the…

Section 124 — Superannuation for retired disabled Judges

(1) A retired disabled Judge who has not attained the age of 65 years is entitled to a Commonwealth superannuation contribution until the retired disabled Judge attains the age of 65 years or dies,…

Section 125 — Death benefits

(1) A payment is payable under this section if: (a) a Judge, or a retired disabled Judge, who has not attained the age of 65 years dies; and (b) the Judge leaves one or more eligible spouses or…

Section 126 — Relationship definitions

Meaning of eligible spouse (1) For the purposes of this Chapter, subsections (2), (3) and (4) set out the 3 circumstances in which a person is an eligible spouse of a Judge, or a retired disabled…

Section 127 — Meaning of eligible child

(1) For the purposes of this Chapter, a person is an eligible child of a Judge, or a retired disabled Judge, who dies if: (a) the person: (i) has not attained the age of 18 years; or (ii) has…

Section 128 — Appropriation

The following are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly: (a) pensions under section 123; (b) Commonwealth superannuation contributions under section 124;…

Section 129 — Dual appointments

Chief Judge (1) Nothing in this Act prevents the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) from being appointed to, and holding at the same time, the office of…

Section 130 — Acting Chief Judge

(1) The Deputy Chief Judge (Family Law) may act as Chief Judge: (a) during a vacancy in the office of Chief Judge (whether or not an appointment has previously been made to the office); or (b) during…

Section 131 — Original jurisdiction—general

(1) The Federal Circuit and Family Court of Australia (Division 2) has such original jurisdiction as is vested in it: (a) by laws made by the Parliament: (i) by express provision; or (ii) by the…

Section 132 — Original jurisdiction—family law or child support matters

(1) The Federal Circuit and Family Court of Australia (Division 2) has original jurisdiction: (a) with respect to matters in respect of which proceedings may be instituted under the Family Law Act…

Section 133 — Original jurisdiction—Commonwealth tenancy disputes

(1) The Federal Circuit and Family Court of Australia (Division 2) has original jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence or other…

Section 134 — Jurisdiction in associated matters

To the extent that the Constitution permits, jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in respect of matters not otherwise within its jurisdiction…

Section 135 — 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…

Section 136 — Exercise of jurisdiction—open court or in Chambers

(1) This section does not apply to family law or child support proceedings. Note: See section 97 of the Family Law Act 1975. Open court (2) The jurisdiction of the Federal Circuit and Family Court of…

Section 137 — Exercise of jurisdiction

(1) The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised by the Court constituted by a single Judge. (2) In a matter before, or coming before, the…

Section 138 — Decisions to be final

A judgment or decision of the Federal Circuit and Family Court of Australia (Division 2) is valid and binding until set aside, even if it is given or made in excess of the Court’s jurisdiction.

Section 139 — Determination of matter completely and finally

In every matter before the Federal Circuit and Family Court of Australia (Division 2), the Court must grant, either: (a) absolutely; or (b) on such terms and conditions as the Court thinks just; all…

Section 140 — Making of orders and issue of writs

The Federal Circuit and Family Court of Australia (Division 2) has power, in relation to matters in which it has jurisdiction, to: (a) make orders of such kinds, including interlocutory orders, as…

Section 141 — Declarations of right

(1) The Federal Circuit and Family Court of Australia (Division 2) may, in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any…

Section 142 — Contempt of court

(1) The Federal Circuit and Family Court of Australia (Division 2) 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 143 — Summary judgment

(1) The Federal Circuit and Family Court of Australia (Division 2) 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 144 — Arrangement of business

(1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit and Family Court of Australia (Division 2). (2) In discharging…

Section 145 — Complaints

(1) The Chief Judge may, if a complaint is made about another Judge of the Federal Circuit and Family Court of Australia (Division 2), deal with the complaint by doing either or both of the following…

Section 146 — Exercise of powers of General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)

(1) A Judge who is assigned to a Division of the Federal Circuit and Family Court of Australia (Division 2) must exercise, or participate in exercising, the powers of the Court only in that Division,…