Federal Circuit and Family Court of Australia Act 2021

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

Section 251 — Powers of Chief Executive Officer

(1) The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of assisting the Chief Judge under section 250. (2) In particular, the Chief…

Section 252 — Registries

The Minister must cause such Registries of the Federal Circuit and Family Court of Australia (Division 2) to be established as the Minister thinks fit.

Section 253 — Senior Registrars and Registrars

(1) The Federal Circuit and Family Court of Australia (Division 2) is to have such Senior Registrars and Registrars as are necessary. (2) The Senior Registrars and Registrars of the Federal Circuit…

Section 254 — 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 2) to a delegate or a…

Section 255 — 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 256 — 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 2) under section 254 may: (a) within the time prescribed…

Section 257 — 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 258 — Oath or affirmation of office

(1) Before proceeding to discharge the duties of office, a Senior Registrar or Registrar must take before a Judge an oath or affirmation in accordance with the form set out in whichever of subsection…

Section 259 — Officers of the Federal Circuit and Family Court of Australia (Division 2)

(1) In addition to the Chief Executive Officer, there are to be the following officers of the Federal Circuit and Family Court of Australia (Division 2): (a) such Senior Registrars and Registrars of…

Section 260 — Sheriff

(1) The Sheriff of the Federal Circuit and Family Court of Australia (Division 2) is to be a person engaged under the Public Service Act 1999. (2) The Sheriff of the Federal Circuit and Family Court…

Section 261 — Deputy Sheriffs

(1) The Deputy Sheriffs of the Federal Circuit and Family Court of Australia (Division 2) may be persons engaged under the Public Service Act 1999. (2) A Deputy Sheriff may, subject to any directions…

Section 262 — Marshal

(1) The Marshal of the Federal Circuit and Family Court of Australia (Division 2) is to be a person engaged under the Public Service Act 1999. (2) The Marshal is responsible for: (a) the security of…

Section 263 — Deputy Marshals

(1) The Deputy Marshals of the Federal Circuit and Family Court of Australia (Division 2) may be persons engaged under the Public Service Act 1999. (2) A Deputy Marshal may, subject to any directions…

Section 264 — Family consultants

Family consultants who are officers of the Federal Circuit and Family Court of Australia (Division 2) are to be persons engaged under the Public Service Act 1999. Note: Family consultants who are not…

Section 265 — Staff of the Federal Circuit and Family Court of Australia (Division 2)

(1) There are to be such staff of the Federal Circuit and Family Court of Australia (Division 2) as necessary. (2) The staff of the Federal Circuit and Family Court of Australia (Division 2) are to…

Section 266 — Arrangements relating to Commonwealth staff

The Chief Executive Officer may, on behalf of the Chief Judge, arrange with: (a) an Agency Head; or (b) an authority of the Commonwealth; for the services of officers or employees of the Agency or…

Section 267 — Delegation by Registry Managers

(1) A Registry Manager of the Federal Circuit and Family Court of Australia (Division 2) may delegate all or any of a Registry Manager’s functions or powers under the Family Law Act 1975 to a person…

Section 268 — Authorised persons to assist the Sheriff or Deputy Sheriffs

(1) The Sheriff may authorise persons to assist the Sheriff in exercising powers or performing functions as the Sheriff. (2) A Deputy Sheriff may authorise persons to assist the Deputy Sheriff in…

Section 269 — Authorised persons to assist the Marshal or Deputy Marshals

(1) The Marshal may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal. (2) A Deputy Marshal may authorise persons to assist the Deputy Marshal in…

Section 270 — Actions by or against Sheriff or Marshal

(1) If the Sheriff or a Deputy Sheriff is a party to a proceeding in the Federal Circuit and Family Court of Australia (Division 2): (a) all writs, summonses, orders, warrants, precepts, process and…

Section 271 — Making arrests under this Chapter or warrants

Application (1) This section applies to any of the following persons (the arrester) who is authorised by this Chapter, or a warrant issued under this Chapter or the Rules of Court, to arrest another…

Section 272 — Receivers

(1) The Federal Circuit and Family Court of Australia (Division 2) may, at any stage of a proceeding, on such terms and conditions as the Court thinks fit, appoint a receiver by interlocutory order…

Section 273 — 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 2) in relation to the procedural information…

Section 274 — Annual report

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

Section 275 — Delegation of the administrative powers of the Chief Judge

The Chief Judge may, in writing, delegate all or any of the Chief Judge’s powers under section 245 to any one or more of the Judges.

Section 276 — Proceedings arising out of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)

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 2) under this Part,…

Section 277 — Protection of persons involved in handling etc. complaints

(1) In exercising powers or performing functions under paragraph 144(2)(d) and subsection 145(1), or assisting in exercising those powers or performing those functions, a complaint handler has the…

Section 277A — Immunity for Judges of Federal Circuit and Family Court of Australia (Division 2)

A Judge of the Federal Circuit and Family Court of Australia (Division 2) has the same protection and immunity as a Judge of the Federal Circuit and Family Court of Australia (Division 1).

Section 278 — Chief Executive Officer has functions of family consultants

(1) The Chief Executive Officer has all of the functions conferred on family consultants by section 11A of the Family Law Act 1975, and any associated powers and duties. (2) Without limiting…

Section 279 — Chief Executive Officer may delegate powers and functions that relate to family consultants

(1) The Chief Executive Officer may, in writing, delegate to a family consultant any of the Chief Executive Officer’s powers, functions and duties in relation to the functions of family consultants…

Section 280 — Chief Executive Officer may give directions that relate to family services functions

The Chief Executive Officer may give directions that relate to: (a) the functions of an officer of the Federal Circuit and Family Court of Australia as a family consultant; or (b) the functions of an…

Section 281 — Chief Executive Officer may authorise officers or staff members to act as family counsellor or family dispute resolution practitioner

(1) The Chief Executive Officer may authorise an officer or staff member of the Federal Circuit and Family Court of Australia to provide family counselling under the Family Law Act 1975. (2) The…