Federal Circuit and Family Court of Australia Act 2021

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

Section 151 — Rules of Court

(1) The Rules of Court may make provision in relation to transfers of proceedings to the Federal Circuit and Family Court of Australia (Division 1) under subsection 149(1), including in relation to…

Section 152 — Delegation

The Chief Judge may, in writing, delegate the Chief Judge’s power under subsection 150(1) to any one or more of the Judges.

Section 153 — Discretionary transfer of proceedings

(1) If: (a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and (b) the proceeding is not a family law or child support proceeding; the Court may, by order,…

Section 154 — Rules of Court

(1) The Rules of Court may make provision in relation to transfers of proceedings to the Federal Court under subsection 153(1), including in relation to the scale of costs that applies to any order…

Section 155 — Appeals to the High Court may not be brought

(1) An appeal must not be brought directly to the High Court from a judgment of the Federal Circuit and Family Court of Australia (Division 2). (2) If, apart from this subsection, subsection (1) is…

Section 156 — This Part does not apply to proceedings under the Family Law Act 1975

This Part applies to proceedings in the Federal Circuit and Family Court of Australia (Division 2) other than proceedings under the Family Law Act 1975. Note 1: For proceedings under the Family Law…

Section 157 — Federal Circuit and Family Court of Australia (Division 2) to consider whether to advise people to use dispute resolution processes

The Federal Circuit and Family Court of Australia (Division 2) must consider whether or not to advise the parties to proceedings before it about the dispute resolution processes that could be used to…

Section 158 — Federal Circuit and Family Court of Australia (Division 2) to advise people to use dispute resolution processes

(1) If the Federal Circuit and Family Court of Australia (Division 2) considers that a dispute resolution process may help the parties to a dispute before it to resolve that dispute, the Court must…

Section 159 — Duty of legal practitioners to consider whether to advise people to use dispute resolution processes

A legal practitioner acting in proceedings in the Federal Circuit and Family Court of Australia (Division 2), or consulted by a person considering instituting such proceedings, must consider whether…

Section 160 — Officers of the Federal Circuit and Family Court of Australia (Division 2) to advise people about dispute resolution processes

(1) A designated officer of the Federal Circuit and Family Court of Australia (Division 2) must, as far as practicable, on request by: (a) a party to proceedings in the Court; or (b) a person…

Section 161 — Conciliation

(1) The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, for conciliation in accordance…

Section 162 — Referral of question of law—dispute resolution process (other than arbitration)

(1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order, or gives a direction, under this Chapter or any other law of the Commonwealth: (a) referring any or all of the…

Section 163 — Rules of Court about dispute resolution processes

(1) The Rules of Court may make provision for or in relation to dispute resolution processes carried out under an order made, or direction given, by the Federal Circuit and Family Court of Australia…

Section 164 — Regulations about dispute resolution processes

(1) The regulations may make provision for or in relation to dispute resolution processes carried out under an order made, or direction given, by the Federal Circuit and Family Court of Australia…

Section 165 — Rules of Court about costs of dispute resolution processes

The Rules of Court may make provision for or in relation to the costs of dispute resolution processes and the assessment or taxation of those costs, where: (a) the dispute resolution process was…

Section 166 — Rules of Court about dispute resolution processes under the Family Law Act 1975

The Rules of Court may make provision for or in relation to the making of applications under the Family Law Act 1975 for mediation or arbitration and for orders under section 13F of that Act. Section…

Section 167 — Consent orders

(1) If the parties to proceedings in the Federal Circuit and Family Court of Australia (Division 2) have reached agreement about a matter in dispute in the proceedings, the Court or a Judge may, on…

Section 168 — Scope of Division

This Division applies to proceedings in the Federal Circuit and Family Court of Australia (Division 2) other than family law or child support proceedings. Note: See Part III of the Family Law Act…

Section 169 — Mediation

(1) The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, to a mediator for mediation in…

Section 170 — Arbitration

(1) The Federal Circuit and Family Court of Australia (Division 2) may, by order, refer proceedings in the Court, or any part of them or any matter arising out of them, to an arbitrator for…

Section 171 — Power of arbitrator to refer question of law to the Federal Circuit and Family Court of Australia (Division 2)

(1) If: (a) any proceedings in the Federal Circuit and Family Court of Australia (Division 2), or any part of them or any matter arising out of them, has been referred under subsection 170(1) to an…

Section 172 — Review of arbitration award on a question of law etc.

Section 173 — Arbitration awards

(1) The Federal Circuit and Family Court of Australia (Division 2) may, on application by a party to an award made in an arbitration (whether carried out under an order made under subsection 170(1)…

Section 174 — 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…

Section 175 — Representation

A party to a proceeding before the Federal Circuit and Family Court of Australia (Division 2) is not entitled to be represented by another person unless: (a) under the Judiciary Act 1903, the other…

Section 176 — Interrogatories and discovery

(1) Interrogatories and discovery are allowed in relation to family law and child support proceedings in the Federal Circuit and Family Court of Australia (Division 2). (2) However, interrogatories…

Section 177 — Filing of documents in the Federal Circuit and Family Court of Australia (Division 2)

(1) If a document is required or permitted to be filed in the Federal Circuit and Family Court of Australia (Division 2): (a) the document is to be filed: (i) at a registry of the Court; or (ii) in…

Section 178 — Seal of the Federal Circuit and Family Court of Australia (Division 2)

(1) The Federal Circuit and Family Court of Australia (Division 2) 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 179 — Federal Circuit and Family Court of Australia (Division 2) stamps

(1) There are to be one or more Federal Circuit and Family Court of Australia (Division 2) stamps. For this purpose, a Federal Circuit and Family Court of Australia (Division 2) stamp is a stamp the…

Section 180 — Writs etc.

(1) All writs, commissions and process issued from the Federal Circuit and Family Court of Australia (Division 2) must be: (a) under the seal of the Court; and (b) signed (including by way of…

Section 181 — Proceedings may be instituted by application

(1) Proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) by way of application without the need for pleadings. (2) Subsection (1) has effect subject to the…

Section 182 — Limits on length of documents

(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may give directions about limiting the length of documents required or permitted to be filed in the Court. (2) Subsection…

Section 183 — Place of sitting

Sittings of the Federal Circuit and Family Court of Australia (Division 2) must be held from time to time as required and the Court may sit at any place in Australia.

Section 184 — Change of venue

The Federal Circuit and Family Court of Australia (Division 2) or a Judge may, at any stage of a proceeding in the Court, order that: (a) the proceeding; or (b) a part of the proceeding; be conducted…

Section 185 — Determination of proceedings without a jury

A civil proceeding between parties in the Federal Circuit and Family Court of Australia (Division 2) is to be determined without a jury.

Section 186 — Decisions without oral hearing

The Rules of Court may authorise the Federal Circuit and Family Court of Australia (Division 2) or a Judge to make decisions in proceedings without an oral hearing if the parties to the proceedings…

Section 187 — Limits on the length of oral argument

(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may give directions about limiting the time for oral argument in proceedings before the Court. (2) Subsection (1) has…

Section 188 — Written submissions

(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may give directions about the use of written submissions in proceedings before the Court. (2) The Federal Circuit and…

Section 189 — Formal defects not to invalidate

(1) Proceedings in the Federal Circuit and Family Court of Australia (Division 2) are not invalidated by a formal defect or an irregularity, unless the Court is of the opinion that: (a) substantial…

Section 190 — 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 2), is to facilitate the just resolution of…

Section 191 — 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 2) must conduct the proceeding (including negotiations for settlement of the dispute to which…

Section 191A — Proceedings under the Family Law Act 1975

Sections 190 and 191 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 192 — Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding

(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may give directions about the practice and procedure to be followed in relation to a civil proceeding, or any part of…

Section 193 — Chief Judge to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 1)

For the purposes of ensuring the efficient resolution of family law or child support proceedings, the Chief Judge must work cooperatively with the Chief Justice with the aim of ensuring common…