Federal Circuit and Family Court of Australia Act 2021
Sections and provisions with full text and the judgments that cite each one.
Section 200 — Offences by witness
(1) A person commits an offence if: (a) the person has been duly served with a subpoena or summons to appear as a witness before the Federal Circuit and Family Court of Australia (Division 2); and…
Section 201 — Testimony by video link or audio link
(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may, for the purposes of any proceeding, direct or allow testimony to be given by video link or audio link. Note: See…
Section 202 — Appearance of persons by video link or audio link
(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may, for the purposes of any proceeding, direct or allow a person to appear before the Court or the Judge by way of video…
Section 203 — Making of submissions by video link or audio link
(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may, for the purposes of any proceeding, direct or allow a person to make a submission to the Court or the Judge by way…
Section 204 — Conditions for use of video links and audio links
Video link (1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge must not exercise the power conferred by subsection 201(1), 202(1) or 203(1) in relation to a video link…
Section 205 — Putting documents to a person by video link or audio link
If, in the course of an examination or appearance of a person by video link or audio link in accordance with this Division, it is necessary to put a document to the person, the Federal Circuit and…
Section 206 — Administration of oaths and affirmations
An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give testimony by video link or audio link in accordance with this Division may be administered: (a) by…
Section 207 — Expenses
(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may make such orders as the Court or the Judge thinks just for the payment of expenses incurred in connection with: (a)…
Section 208 — New Zealand proceedings
This Division does not affect the operation of the Trans-Tasman Proceedings Act 2010.
Section 209 — Orders
(1) An order of the Federal Circuit and Family Court of Australia (Division 2) must: (a) be in writing; or (b) be reduced to writing as soon as practicable. (2) An order of the Federal Circuit and…
Section 210 — Reserved judgments etc.
(1) If: (a) the Federal Circuit and Family Court of Australia (Division 2) reserves judgment in a proceeding; and (b) the Judge who heard the proceeding prepares orders and reasons; those orders and…
Section 211 — Interest up to judgment
(1) This section does not apply to family law or child support proceedings. Note: See section 117B of the Family Law Act 1975 in relation to family law or child support proceedings. Application for…
Section 212 — Interest on judgment
(1) This section does not apply to family law or child support proceedings. Note: See section 117B of the Family Law Act 1975 in relation to family law or child support proceedings. (2) A judgment…
Section 213 — Enforcement of judgment
(1) This section does not apply to family law or child support proceedings. Note: See Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child…
Section 214 — Costs
(1) This section does not apply to: (a) family law or child support proceedings; or (b) proceedings in relation to a matter arising under: (ia) Division 2 of Part IIB of the Australian Human Rights…
Section 215 — Security for costs
(1) This section does not apply to family law or child support proceedings. Note: See section 114UB of the Family Law Act 1975 in relation to family law or child support proceedings. (2) The Federal…
Section 216 — Chief Judge to achieve common approaches 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: (a) common…
Section 217 — 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 219 — Documents
(1) The Rules of Court may make provision for or in relation to: (a) pleading; and (b) appearance under protest; and (c) interrogatories; and (d) discovery, production and inspection of documents;…
Section 220 — Service
The Rules of Court may make provision for or in relation to: (a) the service and execution of the process of the Federal Circuit and Family Court of Australia (Division 2), including: (i) the manner…
Section 221 — Evidence
The Rules of Court may make provision for or in relation to: (a) subpoenas; and (b) summonses; and (c) the attendance of witnesses; and (d) the administration of oaths and affirmations; and (e) the…
Section 222 — Orders and judgments
The Rules of Court may make provision for or in relation to: (a) the enforcement and execution of judgments of the Federal Circuit and Family Court of Australia (Division 2); and (b) the stay of…
Section 223 — Costs
The Rules of Court may make provision for or in relation to: (a) the giving of security; and (b) the costs of proceedings in the Federal Circuit and Family Court of Australia (Division 2); and (c)…
Section 224 — General
(1) The Rules of Court may make provision for or in relation to: (a) the power, under subsection 191(3), to require a party’s lawyer to give the party an estimate of: (i) the likely duration of a…
Section 225 — Incidental matters
The Rules of Court may prescribe matters incidental to the matters that, under: (a) any other provision of this Chapter; or (b) any other law of the Commonwealth; are required or permitted to be…
Section 226 — Powers of Federal Circuit and Family Court of Australia (Division 2) not affected
This Part does not limit or otherwise affect any powers that the Federal Circuit and Family Court of Australia (Division 2) has apart from this Part to regulate its proceedings or to deal with a…
Section 227 — Other laws not affected
This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict,…
Section 228 — 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: Part XIA of the Family Law Act 1975…
Section 229 — Safeguarding public interest in open justice
In deciding whether to make a suppression order or non-publication order, the Federal Circuit and Family Court of Australia (Division 2) must take into account that a primary objective of the…
Section 230 — Power to make orders
(1) The Federal Circuit and Family Court of Australia (Division 2) may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication…
Section 231 — Grounds for making an order
(1) The Federal Circuit and Family Court of Australia (Division 2) may make a suppression order or non-publication order on one or more of the following grounds: (a) the order is necessary to prevent…
Section 232 — Procedure for making an order
(1) The Federal Circuit and Family Court of Australia (Division 2) may make a suppression order or non-publication order on its own initiative or on the application of: (a) a party to the proceeding…
Section 233 — Interim orders
(1) If an application is made to the Federal Circuit and Family Court of Australia (Division 2) for a suppression order or non-publication order, the Court may, without determining the merits of the…
Section 234 — Duration of orders
(1) A suppression order or non-publication order operates for the period decided by the Federal Circuit and Family Court of Australia (Division 2) and specified in the order. (2) In deciding the…
Section 235 — Exception for court officials
A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a…
Section 236 — Contravention of order
(1) A person commits an offence if: (a) the person does an act or omits to do an act; and (b) the act or omission contravenes an order made by the Federal Circuit and Family Court of Australia…
Section 237 — Meaning of a person acting in concert
A reference in this Part to a person acting in concert with another person in instituting or conducting proceedings does not include a reference to a person who is so acting as a legal practitioner…
Section 238 — Powers of the Federal Circuit and Family Court of Australia (Division 2) not affected
This Part does not limit or otherwise affect any powers that the Federal Circuit and Family Court of Australia (Division 2) has apart from this Part to deal with vexatious proceedings.
Section 239 — Making vexatious proceedings orders
(1) This section applies if the Federal Circuit and Family Court of Australia (Division 2) is satisfied: (a) a person has frequently instituted or conducted vexatious proceedings in Australian courts…
Section 240 — Notification of vexatious proceedings orders
(1) A person may request the Chief Executive Officer for a certificate stating whether a person named in the request is or has been the subject of a vexatious proceedings order. (2) If a person makes…
Section 241 — Proceedings in contravention of vexatious proceedings order
(1) If the Federal Circuit and Family Court of Australia (Division 2) makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in…
Section 242 — Application for leave to institute proceedings
(1) This section applies to a person (the applicant) who is: (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in…
Section 243 — Dismissing application for leave
(1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may make an order dismissing an application under section 242 for leave to institute a proceeding if the Court or Judge…
Section 244 — Granting application for leave
(1) Before the Federal Circuit and Family Court of Australia (Division 2) makes an order granting an application under section 242 for leave to institute a proceeding, it must: (a) order that the…
Section 245 — Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)
(1) The Chief Judge is responsible for managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2). (2) The administrative affairs of the Federal Circuit and…
Section 246 — Arrangements with other courts
(1) The Chief Judge 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 247 — Arrangements with agencies or organisations
(1) The Chief Judge 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 248 — Arrangements for sharing courtrooms and other facilities
The Chief Judge 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 2) to sit in…
Section 249 — Advisory committees
(1) The Federal Circuit and Family Court of Australia (Division 2) may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Court in relation to…
Section 250 — Function of Chief Executive Officer
The Chief Executive Officer’s function is to assist the Chief Judge in managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2). Note: In relation to the…