Federal Circuit Court of Australia Act 1999 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
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Contents
This Act may be cited as the
Federal Circuit Court of Australia Act 1999 .
This Act commences on the day on which it receives the Royal Assent.
(1) The main object of this Act is to continue in existence the Federal Magistrates Court created under Chapter III of the Constitution as the Federal Circuit Court of Australia.
(2) The other objects of this Act are:
(a) to enable the Federal Circuit Court of Australia to operate as informally as possible in the exercise of judicial power; and
(b) to enable the Federal Circuit Court of Australia to use streamlined procedures; and
(c) to encourage the use of a range of appropriate dispute resolution processes.
The following is a simplified outline of this Act:
• The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.
• The Federal Circuit Court of Australia consists of a Chief Judge and other Judges.
• Jurisdiction is conferred on the Federal Circuit Court of Australia by other laws of the Commonwealth.
• Jurisdiction is to be exercised in the General Division or the Fair Work Division of the Federal Circuit Court of Australia.
• The Federal Circuit Court of Australia is to promote the use of dispute resolution processes that are likely to assist people to resolve disputes away from the courts.
• Proceedings in the Federal Circuit Court of Australia may be transferred to the Federal Court or the Family Court.
• Provision is made for the practice and procedure of the Federal Circuit Court of Australia. The Court will be able to use streamlined procedures and operate without undue formality.
• The Chief Judge is to manage the administrative affairs of the Federal Circuit Court of Australia.
• There is to be a Chief Executive Officer, who is to assist the Chief Judge in managing the administrative affairs of the Federal Circuit Court of Australia.
• In addition to the Chief Executive Officer, there are to be Registrars and other officers of the Federal Circuit Court of Australia.
• Officers of the Federal Circuit Court of Australia may hold dual appointments as officers of the Federal Court or the Family Court.
• Arrangements may be made for the Federal Circuit Court of Australia to share facilities with other courts.
In this Act, unless the contrary intention appears:
Accreditation Rules means regulations made under section 10A of theFamily Law Act 1975 .
administrative affairs of the Federal Circuit Court of Australia has a meaning affected by subsection 89(2).
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
Australia , when used in a geographical sense, includes the external Territories.
Australian court means a federal court or a court of a State or Territory.
beneficiary , in respect of a payment under clause 9D of Schedule 1, has the meaning given by subclause 9D(4) of that Schedule.
Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit Court of Australia.Note: The Chief Executive Officer is appointed under section 96A. A person is appointed to act as the Chief Executive Officer under section 96J.
Child Support (Assessment) Act 1989 includes regulations under that Act.
Child Support (Registration and Collection Act) 1988 includes regulations under that Act.
commencement day means the day on which Schedules 1 and 2 to theFederal Circuit Court of Australia Legislation Amendment Act 2012 commenced.
Commonwealth officer or employee means a person who:
(a) is appointed or engaged under the
Public Service Act 1999 ; or(b) is appointed under another law of the Commonwealth; or
(c) holds an office established by a law of the Commonwealth; or
(d) is employed by a public authority of the Commonwealth; or
(e) is a member of the Defence Force; or
(f) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the
Australian Federal Police Act 1979 ).
Commonwealth superannuation contribution , in respect of a Judge or retired disabled Judge, means a Commonwealth contribution to the Judge’s choice of:
(a) a complying superannuation fund (within the meaning of section 45 of the
Superannuation Industry (Supervision) Act 1993 ); or(b) a retirement savings account (within the meaning of section 8 of the
Retirement Savings Accounts Act 1997 ).
Commonwealth tenancy dispute means a matter:
(a) involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about:
(i) the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or
(ii) the termination of the lease, licence or other arrangement; or
(iii) the possession, occupation or use of the land; and
(b) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party.
complaint means a complaint mentioned in paragraph 12(3)(c).
complaint handler means:
(a) the Chief Judge; or
(b) a person who is authorised by the Chief Judge under subsection 12(3AB); or
(c) a person who is a member of a body that is authorised by the Chief Judge under subsection 12(3AB).
conveyance includes a vehicle, a vessel and an aircraft.
corporate services of the Federal Circuit Court of Australia has the meaning given by subsection 89(2A).
Division means the General Division or the Fair Work Division of the Federal Circuit Court of Australia.
dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.
eligible child has the meaning given by clause 9F of Schedule 1.
eligible spouse has the meaning given by clause 9E of Schedule 1.
family consultant means a family consultant within the meaning of theFamily Law Act 1975 .
Family Court means the Family Court of Australia.
Family Law Act 1975 includes regulations under that Act.
Family law or child support proceedings means proceedings under:
(a) the
Family Law Act 1975 ; or(b) the
Child Support (Assessment) Act 1989 ; or(c) the
Child Support (Registration and Collection) Act 1988 .
Federal Court means the Federal Court of Australia.
handle a complaint means do one or more of the following acts relating to the complaint:
(a) consider the complaint;
(b) investigate the complaint;
(c) report on an investigation of the complaint;
(d) deal with a report of an investigation of the complaint;
(e) dispose of the complaint;
(f) refer the complaint to a person or body.
Judge :
(a) means a Judge (including the Chief Judge) who holds office under this Act; and
(b) when used in the expression
the Federal Circuit Court of Australia or a Judge , means a Judge sitting in Chambers.
judgment means a judgment, decree or order, whether final or interlocutory, or a sentence, and includes a decree within the meaning of theFamily Law Act 1975 .
living with a person has the meaning given by subclause 9E(8) of Schedule 1.
marital or couple relationship has the meaning given by subclause 9E(5) of Schedule 1.
partner : a person is thepartner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes).
police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
premises includes a place and a conveyance.
prior judicial service , in relation to a retired disabled Judge, means service, prior to the Judge’s appointment as a Judge, as one of the following:
(a) a Justice or Judge of a federal court;
(b) the holder of an office, being an office the holder of which has, by virtue of an Act, the same status as a Justice or Judge of a federal court;
(c) a Judge of the Federal Circuit Court of Australia;
(d) a Judge or acting Judge of a court of a State or Territory;
(e) a magistrate of a State or Territory;
(f) in the case of a State or Territory office that qualifies the holder of the office for a pension or retiring allowance under a law of the State or Territory relating to pensions or retiring allowances payable to retired Judges—a holder of the office (including an acting holder).
Note: If the Judge was appointed as a Judge more than once, see section 5A.
proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal.
public authority of the Commonwealth means:
(a) a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or
(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or
(c) an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control.
Registrar means a Registrar of the Federal Circuit Court of Australia.
relevant belief : a person has arelevant belief in relation to a complaint about a Judge if:
(a) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or
(b) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated:
(i) adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or
(ii) have the capacity to adversely affect, or have adversely affected, the reputation of the Federal Circuit Court of Australia.
retired disabled Judge means a person certified by the Minister to be a retired disabled Judge under paragraph 9A(2)(a) of Schedule 1.
retires , in relation to a Judge, means ceases, otherwise than by death, to hold any office as a Judge.
Rules of Court means Rules of Court made under this Act.
video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.
For the purposes of the definition of
prior judicial service , if a retired disabled Judge was appointed as a Judge more than once, the reference to the Judge’s appointment as a Judge is taken to be a reference to the Judge’s most recent appointment as a Judge.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
(1) The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.
(3) The Federal Circuit Court of Australia is a court of record and is a court of law and equity.
(4) The Federal Circuit Court of Australia consists of the following:
(a) a Chief Judge;
(b) such other Judges as from time to time hold office in accordance with this Act.
(5) The person holding office as the Chief Federal Magistrate under this Act immediately before the commencement day continues to hold that office under the title of Chief Judge of the Federal Circuit Court of Australia.
(6) A person holding office as a Federal Magistrate (other than Chief Federal Magistrate) under this Act immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit Court of Australia.
Note: The Parliament may create federal courts under Chapter III of the Constitution.
Schedule 1 has effect.
(1) The Federal Circuit Court of Australia has such original jurisdiction as is vested in it by laws made by the Parliament:
(a) by express provision; or
(b) by the application of section 15C of the
Acts Interpretation Act 1901 to a provision that, whether expressly or by implication, authorises a civil proceeding to be instituted in the Federal Circuit Court of Australia in relation to a matter.(1A) The Federal Circuit Court of Australia also has such original jurisdiction as is vested in it by a legislative instrument made under section 10AA.
(2) The original jurisdiction of the Federal Circuit Court of Australia includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts.
(3) The process of the Federal Circuit Court of Australia runs, and the judgments of the Federal Circuit Court of Australia have effect and may be executed, throughout Australia .
(1) The Federal Circuit Court of Australia has jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence or other arrangement in which:
(a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:
(i) the lessor (other than as a sublessor); or
(ii) the licensor (other than as a sublicensor); or
(iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and
(b) a person other than:
(i) the Commonwealth; or
(ii) a person suing or being sued on behalf of the Commonwealth; or
(iii) a Commonwealth officer or employee;
is:
(iv) the lessee (other than as a sublessee); or
(v) the licensee (other than as a sublicensee); or
(vi) the grantee of the right or permission.
(2) The Minister may, by legislative instrument, confer jurisdiction on the Federal Circuit Court of Australia in respect of any other specified Commonwealth tenancy dispute.
Note: For specification by class, see subsection 13(3) of the
Legislation Act 2003 .(3) The Minister may, by legislative instrument, make provision for and in relation to all or any of the following matters in respect of a Commonwealth tenancy dispute:
(a) the rights of the parties to the Commonwealth tenancy dispute;
(b) the law (whether a law of the Commonwealth or a law of a State or Territory) to be applied in determining the Commonwealth tenancy dispute (the
applicable law );(c) any modifications of the applicable law that are to apply in relation to the Commonwealth tenancy dispute;
(d) the powers that the Federal Circuit Court of Australia may exercise under the applicable law;
(e) if the Federal Circuit Court of Australia makes an order when exercising jurisdiction over the Commonwealth tenancy dispute—the powers that may be exercised when executing the order or a class of orders.
(1) For the purpose of the organisation and conduct of the business of the Federal Circuit Court of Australia, the Federal Circuit Court of Australia comprises 2 Divisions:
(a) the General Division; and
(b) the Fair Work Division.
(2) Every proceeding in the Federal Circuit Court of Australia must be instituted, heard and determined in a Division.
Fair Work Division
(3) The following jurisdiction of the Federal Circuit Court of Australia is to be exercised in the Fair Work Division:
(a) jurisdiction that is required by any other Act to be exercised in the Fair Work Division;
(b) jurisdiction that is incidental to such jurisdiction.
Note: Under section 566 of the
Fair Work Act 2009 , jurisdiction is required to be exercised in the Fair Work Division of the Federal Circuit Court of Australia in relation to matters arising under that Act.
General Division
(4) The following jurisdiction of the Federal Circuit Court of Australia is to be exercised in the General Division:
(a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division;
(b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division).
Jurisdiction that is required to be exercised in both Divisions
(5) If the Court’s jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Judge may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind.
(1) For the purposes of the exercise of the jurisdiction of the Federal Circuit Court of Australia, the Federal Circuit Court of Australia is to be constituted by a single Judge.
(2) The Federal Circuit Court of Australia constituted by a Judge may sit and exercise the jurisdiction of the Federal Circuit Court of Australia even if the Federal Circuit Court of Australia constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Federal Circuit Court of Australia.
Responsibility of Chief Judge
(1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit Court of Australia.
(2) In discharging his or her responsibility under subsection (1), the Chief Judge must promote the objects of this Act.
(3) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Judge:
(a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following:
(i) make arrangements as to the Judge who is to constitute the Federal Circuit Court of Australia in particular matters or classes of matters;
(ii) without limiting the generality of subparagraph (i)—assign particular caseloads, classes of cases or functions to particular Judges;
(iii) temporarily restrict a Judge to non‑sitting duties; and
(b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of):
(i) annual health assessments; and
(ii) short‑term counselling services; and
(iii) judicial education; and
(c) may deal, as set out in subsection (3AA), with a complaint about the performance by another Judge of his or her judicial or official duties; and
(d) may take any measures that the Chief Judge believes are reasonably necessary to maintain public confidence in the Federal Circuit Court of Australia, including, but not limited to, temporarily restricting another Judge to non‑sitting duties.
(3AA) The Chief Judge may, if a complaint is made about another Judge, deal with the complaint by doing either or both of the following in respect of the complaint:
(a) deciding whether or not to handle the complaint and then doing one of the following:
(i) dismissing the complaint;
(ii) handling the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge;
(iii) arranging for any other complaint handlers to assist the Chief Judge to handle the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge;
(b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following:
(i) dismiss the complaint;
(ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.
Note: A complaint handler (other than the Chief Judge) may handle a complaint by referring it to the Chief Judge. The Chief Judge may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint.
(3AB) The Chief Judge may authorise, in writing, a person or a body to do one or more of the following:
(a) assist the Chief Judge to handle complaints or a specified complaint;
(b) decide whether or not to handle complaints or a specified complaint;
(c) dismiss complaints or a specified complaint;
(d) handle complaints or a specified complaint.
Exercise of powers of General and Fair Work Divisions of the Federal Circuit Court of Australia
(3A) A Judge who is assigned to a Division of the Federal Circuit Court of Australia must exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia only in that Division, except as set out in subsection (3B).
(3B) The Chief Judge may arrange for a Judge who is assigned to a particular Division of the Federal Circuit Court of Australia to exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia in the other Division if the Chief Judge considers that circumstances make it desirable to do so.
(3C) To avoid doubt, a Judge who is not assigned to either Division of the Federal Circuit Court of Australia may exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia in either Division.
(3D) Subsection (3A) does not affect the validity of any exercise of powers by the Federal Circuit Court of Australia otherwise than in accordance with that subsection.
Assignment of Judges to locations or registries
(4) The Chief Judge may, by written instrument, assign a particular Judge to a particular location or registry.
(5) An instrument under subsection (4) has no effect unless it is approved, in writing, by the Minister.
(6) Subsection (4) does not prevent a Judge from performing his or her duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise).
Protection of the Chief Judge in the exercise of functions or powers
(6A) In exercising the functions or powers mentioned in paragraph (3)(a) or subsection (4), the Chief Judge has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Federal Circuit Court of Australia.
Note: See also section 118A.
(6B) Despite section 39B of the
Judiciary Act 1903 , the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Judge of the functions or powers mentioned in subsection (3), (3AA) or (3AB) or (4).
Functions and powers of the Chief Judge
(7) In addition to the powers and functions conferred on the Chief Judge by this Act, the Chief Judge has such other functions and powers in relation to the Federal Circuit Court of Australia as are specified in the regulations.
(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 Court of Australia must be exercised in open court. However, this rule does not apply where, as authorised by this Act or another law of the Commonwealth, the jurisdiction of the Federal Circuit Court of Australia is exercised by a Judge sitting in Chambers.
Judge sitting in Chambers
(3) The jurisdiction of the Federal Circuit Court of Australia may be exercised by a Judge sitting in Chambers in:
(a) a proceeding on an application relating to the conduct of a proceeding; and
(b) a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Judge sitting in Chambers; and
(c) a proceeding on any other application authorised by the Rules of Court to be made to a Judge sitting in Chambers.
(4) The jurisdiction of the Federal Circuit Court of Australia is to be exercised by a Judge sitting in Chambers in a proceeding where:
(a) under the Rules of Court, the Federal Circuit Court of Australia is authorised to make a decision relating to the proceeding without an oral hearing; and
(b) the parties to the proceeding have consented to the Federal Circuit Court of Australia making a decision in relation to the proceeding without an oral hearing.
Proceeding in Chambers may be adjourned into court
(5) A Judge may order a proceeding in Chambers to be adjourned into court.
Proceeding in open court may be adjourned into Chambers
(6) The Federal Circuit Court of Australia may order a proceeding in open court to be adjourned into Chambers if, apart from this subsection, the jurisdiction of the Federal Circuit Court of Australia may be exercised by a Judge sitting in Chambers in that proceeding.
Closed court etc.
(7) The Federal Circuit Court of Australia may order the exclusion of the public or of persons specified by the Federal Circuit Court of Australia from a sitting of the Federal Circuit Court of Australia if the Federal Circuit Court of Australia is satisfied that the presence of the public or of those persons, as the case may be, would be:
(a) contrary to the interests of justice; or
(b) prejudicial to the security of the Commonwealth.
In every matter before the Federal Circuit Court of Australia, the Federal Circuit Court of Australia must grant, either:
(a) absolutely; or
(b) on such terms and conditions as the Federal Circuit Court of Australia thinks just;
all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by him or her in the matter, so that, as far as possible:
(c) all matters in controversy between the parties may be completely and finally determined; and
(d) all multiplicity of proceedings concerning any of those matters may be avoided.
The Federal Circuit Court of Australia has power, in relation to matters in which it has jurisdiction, to:
(a) make orders of such kinds, including interlocutory orders, as the Federal Circuit Court of Australia thinks appropriate; and
(b) issue, or direct the issue of, writs of such kinds as the Federal Circuit Court of Australia thinks appropriate.
(1) The Federal Circuit Court of Australia may, in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed.
(2) A proceeding is not open to objection on the ground that a declaratory order only is sought.
(1) The Federal Circuit Court of Australia 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 High Court.
(2) Subsection (1) has effect subject to any other Act.
(3) The jurisdiction of the Federal Circuit Court of Australia to punish a contempt of the Federal Circuit Court of Australia committed in the face or hearing of the Federal Circuit Court of Australia may be exercised by the Federal Circuit Court of Australia as constituted at the time of the contempt.
Note: See also section 112AP of the
Family Law Act 1975 , which deals with family law or child support proceedings.
(1) The Federal Circuit Court of Australia 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 prosecuting the proceeding or that part of the proceeding; and
(b) the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding.
(2) The Federal Circuit Court of Australia 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 defending the proceeding or that part of the proceeding; and
(b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.
(3) For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:
(a) hopeless; or
(b) bound to fail;
for it to have no reasonable prospect of success.
(4) This section does not limit any powers that the Federal Circuit Court of Australia has apart from this section.
(5) This section does not apply if the Federal Circuit Court of Australia is exercising jurisdiction under the
Family Law Act 1975 .Note: For the power of the Federal Circuit Court of Australia to give summary judgment if the Court is exercising jurisdiction under the
Family Law Act 1975 , see section 45A of that Act.
To the extent that the Constitution permits, jurisdiction is conferred on the Federal Circuit Court of Australia in respect of matters not otherwise within its jurisdiction that are associated with matters in which the jurisdiction of the Federal Circuit Court of Australia is invoked.
(1) Proceedings must not be instituted in the Federal Circuit Court of Australia in respect of a particular matter if proceedings in respect of an associated matter are pending in the Family Court or the Federal Court.
(2) Subsection (1) does not apply to:
(a) proceedings for a decree of dissolution of marriage; or
(b) proceedings instituted in the Federal Circuit Court of Australia under:
(i) Division 13A of Part VII of the
Family Law Act 1975 ; or(ii) Part XIII or XIIIA of that Act.
(3) If:
(a) proceedings are instituted in the Federal Circuit Court of Australia in contravention of subsection (1); and
(b) the proceedings are subsequently transferred to the Federal Court or the Family Court;
the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.
(1) An appeal must not be brought directly to the High Court from a judgment of the Federal Circuit Court of Australia.
(2) Subsection (1) has effect despite anything in:
(a) section 95 of the
Family Law Act 1975 ; and(b) section 104 of the
Child Support (Assessment) Act 1989 ; and(c) section 109 of the
Child Support (Registration and Collection) Act 1988 .Note: For appeals from the Federal Circuit Court of Australia, see:
(a) section 94AAA of the
Family Law Act 1975 ; and(b) section 102A of the
Child Support (Assessment) Act 1989 ; and(c) section 107A of the
Child Support (Registration and Collection) Act 1988 ; and(d) section 24 of the
Federal Court of Australia Act 1976 .(3) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).
This Part applies to proceedings in the Federal Circuit Court of Australia other than proceedings under the
Family Law Act 1975 .Note 1: For proceedings under the
Family Law Act 1975 , see in particular Parts II, III, IIIA and IIIB of that Act, which contain provisions dealing with family counselling, family dispute resolution and other processes that apply to the Federal Circuit Court of Australia in relation to proceedings under that Act.Note 2: This Part (other than Division 2: see section 33) applies to proceedings under the
Child Support (Assessment) Act 1989 and theChild Support (Registration and Collection) Act 1988 .
In this Part:
dispute resolution processes means procedures and services for the resolution of disputes otherwise than by way of the exercise of the judicial power of the Commonwealth, and includes:
(a) counselling; and
(b) mediation; and
(c) arbitration; and
(d) neutral evaluation; and
(e) case appraisal; and
(f) conciliation.
The Federal Circuit Court of Australia must consider whether or not to advise the parties to proceedings before it about the dispute resolution processes that could be used to resolve any matter in dispute.
(1) If the Federal Circuit Court of Australia considers that a dispute resolution process may help the parties to a dispute before it to resolve that dispute, the Federal Circuit Court of Australia must advise the parties to use that dispute resolution process.
(2) If the Federal Circuit Court of Australia does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance in connection with the dispute resolution process.
Note: See also Part III of the
Family Law Act 1975, which deals with dispute resolution in family law and child support matters.
A legal practitioner acting in proceedings in the Federal Circuit Court of Australia, or consulted by a person considering instituting such proceedings, must consider whether or not to advise:
(a) the parties to the proceedings; or
(b) the person considering instituting proceedings;
about the dispute resolution processes that could be used to resolve any matter in dispute.
(1) A designated officer of the Federal Circuit Court of Australia must, as far as practicable, on request by:
(a) a party to proceedings in the Federal Circuit Court of Australia; or
(b) a person considering instituting proceedings in the Federal Circuit Court of Australia;
advise the party or person about the dispute resolution processes that could be used to resolve any matter in dispute.
(2) For the purposes of this section, a member of the staff of the Federal Circuit Court of Australia is taken to be an officer of the Federal Circuit Court of Australia.
(3) For the purposes of this section, a
designated officer of the Federal Circuit Court of Australia is an officer of the Federal Circuit Court of Australia specified in writing by the Chief Executive Officer for the purposes of this subsection.
(1) The Federal Circuit Court of Australia may, by order, refer proceedings in the Federal Circuit Court of Australia, or any part of them or any matter arising out of them, for conciliation in accordance with the Rules of Court.
(2) Subsection (1) has effect subject to the Rules of Court.
(3) Referrals under subsection (1) to a conciliator may be made with or without the consent of the parties to the proceedings.
(1) If the Federal Circuit Court of Australia makes an order, or gives a direction, under this Act or any other law of the Commonwealth:
(a) referring any or all of the matters in dispute in proceedings before it for a dispute resolution process (other than arbitration); or
(b) referring any proceedings before it, or any part of them or any matters arising out of them, for a dispute resolution process (other than arbitration); or
(c) requiring either or both of the parties to a proceeding before it to attend a dispute resolution process (other than arbitration);
a party to the dispute resolution process may make an application to the Federal Circuit Court of Australia for determination of a question of law arising out of the proceedings.
(2) An application under subsection (1) must be accompanied by a statement that:
(a) is signed by the person (the
eligible person ) conducting the dispute resolution process; and(b) states that the eligible person consents to the making of the application; and
(c) states that the eligible person is of the opinion that the determination of the question of law by the Federal Circuit Court of Australia is likely to assist the parties in reaching agreement about any or all of the matters in dispute in the proceedings.
(3) If an application is made under subsection (1), the Federal Circuit Court of Australia may determine the question of law.
(4) If the Federal Circuit Court of Australia determines a question of law under subsection (3), the determination is binding on the parties to the proceedings concerned.
(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 Court of Australia under this Act or another law of the Commonwealth.
(2) In particular, Rules of Court made for the purposes of subsection (1) may make provision for or in relation to the procedure to be followed when any dispute resolution process ends.
(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 Court of Australia under this Act or another law of the Commonwealth.
(2) In particular, regulations made for the purposes of subsection (1) may make provision for or in relation to:
(a) the procedures to be followed by a person conducting a dispute resolution process in carrying out that process; and
(b) the attendance by persons at:
(i) a dispute resolution process; or
(ii) a conference conducted for the purpose of carrying out a dispute resolution process; and
(c) the kinds of persons who are eligible to conduct particular kinds 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 carried out under an order made, or direction given, by the Federal Circuit Court of Australia under this Act or another law of the Commonwealth; or
(b) the dispute resolution process was carried out for the purpose of settling a dispute about a matter with respect to which proceedings have been instituted in the Federal Circuit Court of Australia.
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 20A of this Act does not affect this section.
(1) If the parties to proceedings in the Federal Circuit Court of Australia have reached agreement about a matter in dispute in the proceedings, the Federal Circuit Court of Australia or a Judge may, on application by the parties, make an order in the terms of the agreement.
(2) This section has effect subject to the Rules of Court.
This Division applies to proceedings in the Federal Circuit Court of Australia other than family law or child support proceedings.
Note: See Part III of the
Family Law Act 1975 .
(1) The Federal Circuit Court of Australia may, by order, refer proceedings in the Federal Circuit Court of Australia, or any part of them or any matter arising out of them, to a mediator for mediation in accordance with the Rules of Court.
(2) Subsection (1) has effect subject to the Rules of Court.
(3) Referrals under subsection (1) to a mediator may be made with or without the consent of the parties to the proceedings.
(4) Evidence of anything said, or of any admission made, at a conference conducted by a mediator in the course of mediating anything referred under subsection (1) is not admissible:
(a) in any court (whether exercising federal jurisdiction or not); or
(b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.
(5) A mediator has, in mediating anything referred under subsection (1), the same protection and immunity as a Judge has in performing the functions of a Judge.
(1) The Federal Circuit Court of Australia may, by order, refer proceedings in the Federal Circuit Court of Australia, or any part of them or any matter arising out of them, to an arbitrator for arbitration in accordance with the Rules of Court.
(2) Subsection (1) has effect subject to the Rules of Court.
(3) Referrals under subsection (1) to an arbitrator may be made only with the consent of the parties.
(4) The Rules of Court may make provision for the registration of awards made in an arbitration carried out under an order made under subsection (1).
(5) An arbitrator has, in arbitrating anything referred under subsection (1), the same protection and immunity as a Judge has in performing the functions of a Judge.
(1) If:
(a) any proceedings in the Federal Circuit Court of Australia, or any part of them or any matter arising out of them, has been referred under subsection 35(1) to an arbitrator for arbitration; and
(b) the arbitrator has not made an award in respect of the arbitration; and
(c) a party to the arbitration has requested the arbitrator to apply to the Federal Circuit Court of Australia for leave to refer to the Federal Circuit Court of Australia a question of law arising in the arbitration;
the arbitrator may apply to the Federal Circuit Court of Australia or a Judge for leave to refer the question to the Federal Circuit Court of Australia.
(2) The Federal Circuit Court of Australia or a Judge must not grant leave unless satisfied that the determination of the question of law by the Federal Circuit Court of Australia might result in substantial savings in costs to the parties to the arbitration.
(3) If:
(a) the Federal Circuit Court of Australia or a Judge grants leave; and
(b) the arbitrator refers the question of law to the Federal Circuit Court of Australia;
the Federal Circuit Court of Australia must determine the question of law.
(1) If:
(a) any proceedings in the Federal Circuit Court of Australia, or any part of them or any matter arising out of them, has been referred under subsection 35(1) to an arbitrator for arbitration; and
(b) the arbitrator has made an award in respect of the arbitration; and
(c) the award has been registered with the Federal Circuit Court of Australia under the Rules of Court;
the following provisions have effect.
(2) A party to the award may apply to the Federal Circuit Court of Australia for a review, on a question of law, of the award.
(3) On a review of an award on a question of law, the Federal Circuit Court of Australia may:
(a) determine the question of law; and
(b) make such orders as it thinks appropriate, including:
(i) an order affirming the award; or
(ii) an order varying the award; or
(iii) an order setting aside the award and remitting the award to the arbitrator for reconsideration in accordance with the directions of the Federal Circuit Court of Australia; or
(iv) an order setting aside the award and determining the matter to which the award related.
(4) A party to the award may apply to the Federal Circuit Court of Australia or a Judge for an order that the costs payable by the party in respect of the arbitration be taxed in accordance with the Rules of Court.
(5) The person who made the application is not liable to pay in respect of the costs of the arbitration an amount that is more than the amount of the costs as taxed under an order made under subsection (4).
(1) The Federal Circuit Court of Australia may, on application by a party to an award made in an arbitration (whether carried out under an order made under section 35 or otherwise) in relation to a matter in which the Federal Circuit Court of Australia has original jurisdiction, make an order in the terms of the award.
(2) Subsection (1) does not apply to an award made in an arbitration carried out under an order made under subsection 35(1) unless the award has been registered with the Federal Circuit Court of Australia under the Rules of Court.
(3) An order so made is enforceable in the same manner as if it had been made in an action in the Federal Circuit Court of Australia. This subsection has effect subject to subsection (4).
(4) A writ of attachment must not be issued to enforce payment of money under an order made in accordance with this section.
(1) If a proceeding is pending in the Federal Circuit Court of Australia, the Federal Circuit Court of Australia may, by order, transfer the proceeding from the Federal Circuit Court of Australia to the Federal Court or the Family Court.
(2) The Federal Circuit Court of Australia may transfer a proceeding under this section:
(a) on the application of a party to the proceeding; or
(b) on its own initiative.
(3) In deciding whether to transfer a proceeding to the Federal Court under subsection (1), the Federal Circuit Court of Australia must have regard to:
(a) any Rules of Court made for the purposes of subsection 40(2); and
(b) whether proceedings in respect of an associated matter are pending in the Federal Court; and
(c) whether the resources of the Federal Circuit Court of Australia are sufficient to hear and determine the proceeding; and
(d) the interests of the administration of justice.
(4) In deciding whether to transfer a proceeding to the Family Court under subsection (1), the Federal Circuit Court of Australia must have regard to:
(a) any Rules of Court made for the purposes of subsection 40(4); and
(b) whether proceedings in respect of an associated matter are pending in the Family Court; and
(c) whether the resources of the Federal Circuit Court of Australia are sufficient to hear and determine the proceeding; and
(d) the interests of the administration of justice.
(5) If an order is made under subsection (1), the Federal Circuit Court of Australia may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court or the Family Court, as the case requires.
(6) An appeal does not lie from a decision of the Federal Circuit Court of Australia in relation to the transfer of a proceeding under subsection (1).
(7) A reference in subsection (1) to a proceeding pending in the Federal Circuit Court of Australia includes a reference to a proceeding that was instituted in contravention of subsection 19(1).
(8) This section does not apply to proceedings of a kind specified in the regulations.
(1) The Rules of Court may make provision in relation to transfers of proceedings to the Federal Court under subsection 39(1).
(2) In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Circuit Court of Australia in deciding whether to transfer a proceeding to the Federal Court under subsection 39(1).
(3) The Rules of Court may make provision in relation to transfers of proceedings to the Family Court under subsection 39(1).
(4) In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Circuit Court of Australia in deciding whether to transfer a proceeding to the Family Court under subsection 39(1).
(5) In making Rules of Court for the purposes of this section, the Judges, or a majority of them, must have regard to:
(a) whether particular matters could be more appropriately dealt with in the Federal Court or the Family Court; and
(b) whether the resources of the Federal Circuit Court of Australia are sufficient to deal with particular matters; and
(c) the interests of the administration of justice; and
(d) anything else that the Judges, or a majority of them, considers relevant.
(6) Before Rules of Court are made for the purposes of subsection (1) or (2), the Federal Circuit Court of Australia must consult the Federal Court.
(7) Before Rules of Court are made for the purposes of subsection (3) or (4), the Federal Circuit Court of Australia must consult the Family Court.
(1) If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Federal Circuit Court of Australia, the Federal Circuit Court of Australia must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Court.
(2) If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Federal Circuit Court of Australia, the Federal Circuit Court of Australia must, before going on to hear and determine the proceeding, transfer the proceeding to the Family Court.
(3) If a proceeding is transferred under subsection (1), the Federal Circuit Court of Australia may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court.
(4) If a proceeding is transferred under subsection (2), the Federal Circuit Court of Australia may make such orders as it considers necessary pending the disposal of the proceeding by the Family Court.
(5) An appeal does not lie from a decision of the Federal Circuit Court of Australia in relation to the transfer of a proceeding under subsection (1) or (2).
(6) A reference in subsections (1) and (2) to a proceeding pending in the Federal Circuit Court of Australia includes a reference to a proceeding that was instituted in contravention of subsection 19(1).
(7) The Minister must cause a copy of regulations (
transfer regulations ) made for the purposes of subsection (1) or (2) to be tabled in each House of the Parliament.(8) Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.
(9) If neither House passes such a resolution, the transfer regulations commence on the day immediately after the last day upon which such a resolution could have been passed.
(10) Subsections (7), (8) and (9) have effect despite anything in:
(a) the
Acts Interpretation Act 1901 ; or(b) the
Legislation Act 2003 .
In proceedings before it, the Federal Circuit Court of Australia must proceed without undue formality and must endeavour to ensure that the proceedings are not protracted.
(1) The practice and procedure of the Federal Circuit Court of Australia is to be in accordance with Rules of Court made under this Act. However, this subsection is subject to any provision made by or under this or any other Act with respect to practice and procedure.
Note: Rules of Court are made under section 81.
(2) In so far as the provisions applicable in accordance with subsection (1) are insufficient:
(a) the Rules of Court made under the
Family Law Act 1975 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Circuit Court of Australia or a Judge, to the practice and procedure of the Federal Circuit Court of Australia in relation to the jurisdiction of the Federal Circuit Court of Australia under:(i) the
Family Law Act 1975 ; or
(ii) the
Child Support (Assessment) Act 1989 ; or(iii) the
Child Support (Registration and Collection) Act 1988 ; and(b) the Rules of Court made under the
Federal Court of Australia Act 1976 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Circuit Court of Australia or a Judge, to the practice and procedure of the Federal Circuit Court of Australia in relation to the jurisdiction of the Federal Circuit Court of Australia under laws of the Commonwealth other than:(i) the
Family Law Act 1975 ; or
(ii) the
Child Support (Assessment) Act 1989 ; or(iii) the
Child Support (Registration and Collection) Act 1988 .(3) In this section:
practice and procedure includes all matters in relation to which Rules of Court may be made under this Act.
A party to a proceeding before the Federal Circuit Court of Australia is not entitled to be represented by another person unless:
(a) under the
Judiciary Act 1903 , the other person is entitled to practise as a barrister or solicitor, or both, in a federal court; or(b) under the regulations, the other person is taken to be an authorised representative; or
(c) another law of the Commonwealth authorises the other person to represent the party.
(1) Interrogatories and discovery are not allowed in relation to proceedings in the Federal Circuit Court of Australia unless the Federal Circuit Court of Australia or a Judge declares that it is appropriate, in the interests of the administration of justice, to allow the interrogatories or discovery.
(2) In deciding whether to make a declaration under subsection (1), the Federal Circuit Court of Australia or a Judge must have regard to:
(a) whether allowing the interrogatories or discovery would be likely to contribute to the fair and expeditious conduct of the proceedings; and
(b) such other matters (if any) as the Federal Circuit Court of Australia or the Judge considers relevant.
(1) If a document is required or permitted to be filed in the Federal Circuit Court of Australia:
(a) the document is to be filed:
(i) at a registry of the Federal Circuit Court of Australia; or
(ii) in accordance with an arrangement under section 90 or 91; and
(b) the document is to be filed in accordance with the Rules of Court.
(2) The Rules of Court may provide that the requirements of subsection (1) are taken to have been met in relation to a document:
(a) if the document, or its contents, is or are given to the Federal Circuit Court of Australia, in accordance with specified software requirements, by way of a specified kind of electronic transmission; or
(b) in such other circumstances (if any) as are ascertained in accordance with the Rules of Court.
(1) The Federal Circuit Court of Australia 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 Court of Australia must be kept in such custody as the Chief Judge directs.
(3) The seal of the Federal Circuit Court of Australia must be affixed to documents as provided by this or any other Act or by the Rules of Court.
(1) There are to be one or more Federal Circuit Court of Australia stamps. For this purpose, a
Federal Circuit Court of Australia stamp is a stamp the design of which is, as nearly as practicable, the same as the design of the seal of the Federal Circuit Court of Australia.(2) A document or a copy of a document marked with a Federal Circuit Court of Australia stamp is as valid and effectual as if it had been sealed with a seal of the Federal Circuit Court of Australia.
(3) A Federal Circuit Court of Australia stamp must be affixed to documents as provided by this or any other Act or by the Rules of Court.
(1) All writs, commissions and process issued from the Federal Circuit Court of Australia must be:
(a) under the seal of the Federal Circuit Court of Australia; and
(b) signed by a Judge, a Registrar or an officer acting with the authority of the Chief Executive Officer.
(2) Subsection (1) does not apply to writs, commissions and process signed and issued in accordance with an arrangement under section 90.
Note: See paragraph 90(1)(b).
(3) To avoid doubt, subsection (1) does not apply to an order of the Federal Circuit Court of Australia.
Note: For orders, see section 74.
(1) Proceedings may be instituted in the Federal Circuit Court of Australia by way of application without the need for pleadings.
(2) Subsection (1) has effect subject to the Rules of Court.
(1) The Federal Circuit Court of Australia or a Judge may give directions about limiting the length of documents required or permitted to be filed in the Federal Circuit Court of Australia.
(2) Subsection (1) has effect subject to the Rules of Court.
(1) The Federal Circuit Court of Australia may sit at any place in Australia .
(2) The Federal Circuit Court of Australia or a Judge may, at any stage of a proceeding in the Federal Circuit Court of Australia, order that:
(a) the proceeding; or
(b) a part of the proceeding;
be conducted or continued at a place specified in the order, subject to such conditions (if any) as the Federal Circuit Court of Australia or Judge imposes.
A civil proceeding between parties in the Federal Circuit Court of Australia is to be determined without a jury.
The Rules of Court may authorise the Federal Circuit Court of Australia or a Judge to make decisions in proceedings without an oral hearing if the parties to the proceedings have consented to the making of such decisions without an oral hearing.
(1) The Federal Circuit Court of Australia or a Judge may give directions about limiting the time for oral argument in proceedings before the Federal Circuit Court of Australia.
(2) Subsection (1) has effect subject to the Rules of Court.
(1) The Federal Circuit Court of Australia or a Judge may give directions about the use of written submissions in proceedings before the Federal Circuit Court of Australia.
(2) The Federal Circuit Court of Australia or a Judge may give directions limiting the length of written submissions in proceedings before the Federal Circuit Court of Australia.
(3) Subsections (1) and (2) have effect subject to the Rules of Court.
(1) Proceedings in the Federal Circuit Court of Australia are not invalidated by a formal defect or an irregularity, unless the Federal Circuit Court of Australia is of opinion that:
(a) substantial injustice has been caused by the defect or irregularity; and
(b) the injustice cannot be remedied by an order of the Federal Circuit Court of Australia.
(2) The Federal Circuit Court of Australia or a Judge may, on such conditions (if any) as the Federal Circuit Court of Australia or Judge thinks fit, make an order declaring that the proceeding is not invalid:
(a) by reason of a defect that it or he or she considers to be formal; or
(b) by reason of an irregularity.
(1) A Judge may require and administer all necessary oaths and affirmations for the purposes of the Federal Circuit Court of Australia.
(2) A Judge may cause to be administered all necessary oaths and affirmations for the purposes of the Federal Circuit Court of Australia. For this purpose, the Federal Circuit Court of Australia may, either orally or in writing, authorise any person (whether in or outside Australia ) to administer oaths and affirmations.
(3) The Chief Executive Officer may, by written instrument, authorise:
(a) a Registrar; or
(b) a member of the staff of the Federal Circuit Court of Australia;
to administer oaths and affirmations for the purposes of the Federal Circuit Court of Australia.
Note: See also paragraph 90(1)(d).
(1) An affidavit to be used in a proceeding in the Federal Circuit Court of Australia may be sworn or affirmed within Australia before:
(a) a Judge; or
(b) a Registrar; or
(c) a justice of the peace; or
(d) a commissioner for affidavits; or
(e) a commissioner for declarations; or
(f) a person who is authorised to administer oaths or affirmations for the purposes of:
(i) the Federal Circuit Court of Australia; or
(ii) the High Court; or
(iii) the Federal Court; or
(iv) the Family Court; or
(v) the Supreme Court of a State or Territory; or
(g) a person before whom affidavits can be sworn or affirmed under the
Evidence Act 1995 .(2) An affidavit to be used in a proceeding in the Federal Circuit Court of Australia may be sworn or affirmed at a place outside Australia before:
(a) a commissioner of the High Court who is authorised to administer oaths or affirmations in that place for the purposes of the High Court; or
(b) a commissioner of the Supreme Court of a State or Territory for taking affidavits who is empowered and authorised to act in that place; or
(c) an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the
Consular Fees Act 1955 , who is exercising his or her function in that place; or(d) an employee of the Commonwealth who is:
(i) authorised under paragraph 3(c) of the
Consular Fees Act 1955 ; and(ii) exercising his or her function in that place; or
(e) an employee of the Australian Trade and Investment Commission who is:
(i) authorised under paragraph 3(d) of the
Consular Fees Act 1955 ; and(ii) exercising his or her function in that place; or
(f) a notary public who is exercising his or her function in that place; or
(g) a person who is:
(i) qualified to administer an oath or affirmation in that place; and
(ii) certified by the person mentioned in any of paragraphs (b), (c), (d), (e) and (f), or by the superior court of that place, to be so qualified.
(3) An affidavit sworn or affirmed outside Australia otherwise than before a person referred to in subsection (2) may be used in a proceeding in the Federal Circuit Court of Australia in circumstances provided by the Rules of Court.
Note: See also paragraph 90(1)(d).
The Federal Circuit Court of Australia or a Judge may, for the purposes of any proceeding before it or him or her:
(a) order the examination of a person upon oath or affirmation before the Federal Circuit Court of Australia, a Judge, an officer of the Federal Circuit Court of Australia or other person, at any place within Australia; or
(b) order that a commission issue to a person, either within or beyond Australia, authorising him or her to take the testimony on oath or affirmation of a person;
and the Federal Circuit Court of Australia or a Judge may:
(c) by the same or a subsequent order, give any necessary directions concerning the time, place and manner of the examination; and
(d) empower any party to the proceeding to give in evidence in the proceeding the testimony so taken on such terms (if any) as the Federal Circuit Court of Australia or Judge directs.
(1) The Federal Circuit Court of Australia or a Judge may give directions about limiting the time for the giving of testimony in proceedings before the Federal Circuit Court of Australia.
(2) Subsection (1) has effect subject to the Rules of Court.
(1) The Federal Circuit Court of Australia may:
(a) put a question to a person giving testimony in a proceeding if, in the opinion of the Federal Circuit Court of Australia, the question is likely to assist in:
(i) the resolution of a matter in dispute in the proceeding; or
(ii) the expeditious and efficient conduct of the proceeding; and
(b) require the person to answer the question.
(2) Subsection (1) has effect subject to the Rules of Court.
(3) This section has effect in addition to, and not instead of, any other powers that the Federal Circuit Court of Australia may have to ask questions.
(1) Testimony in a proceeding in the Federal Circuit Court of Australia is to be given orally or by affidavit.
(2) However, the Federal Circuit Court of Australia or a Judge may:
(a) direct that particular testimony is to be given orally; or
(b) direct that particular testimony is to be given by affidavit.
(3) Subsections (1) and (2) have effect subject to:
(a) any other provision of this Act; and
(b) the Rules of Court; and
(c) any other law of the Commonwealth.
Cross‑examination of person who makes an affidavit
(4) If:
(a) a person makes an affidavit; and
(b) a party to a proceeding in the Federal Circuit Court of Australia adduces, or proposes to adduce, evidence by the affidavit;
a party to the proceeding may request the person to appear as a witness to be cross‑examined with respect to the matters in the affidavit.
(5) Subsection (4) has effect subject to the Rules of Court.
(6) If:
(a) a request under subsection (4) is given to a person who has made an affidavit; and
(b) the person does not appear as a witness to be cross‑examined with respect to the matters in the affidavit;
the Federal Circuit Court of Australia is to give the matters in the affidavit such weight as the Federal Circuit Court of Australia thinks fit in the circumstances.
(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 Court of Australia; and
(b) the person:
(i) fails to attend as required by the subpoena or summons; or
(ii) fails to appear and report himself or herself from day to day unless excused, or released from further attendance, by the Federal Circuit Court of Australia.
Penalty: Imprisonment for 6 months.
(2) A person commits an offence if the person, while appearing as a witness before the Federal Circuit Court of Australia:
(a) refuses or fails to be sworn or to make an affirmation; or
(b) refuses or fails to answer a question that he or she is required by the Federal Circuit Court of Australia to answer; or
(c) refuses or fails to produce a document that he or she is required by the Federal Circuit Court of Australia or by a subpoena or summons issued from the Federal Circuit Court of Australia to produce.
Penalty: Imprisonment for 6 months.
(3) This section does not limit the power of the Federal Circuit Court of Australia to punish persons for contempt of the Federal Circuit Court of Australia, but a person must not be punished under this section and for contempt of the Federal Circuit Court of Australia in respect of the same act or omission.
Note: See also Division 13A of Part VII, and Parts XIII and XIIIA, of the
Family Law Act 1975 in relation to family law or child support proceedings.(4) Chapter 2 of the
Criminal Code applies to all offences against this section.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) The Federal Circuit Court of Australia 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 also section 69.
(2) The testimony must be given on oath or affirmation unless:
(a) the person giving the testimony is in a foreign country; and
(b) either:
(i) the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceeding; or
(ii) the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceeding; and
(c) the Federal Circuit Court of Australia or a Judge is satisfied that it is appropriate for the testimony to be given otherwise than on oath or affirmation.
(3) If the testimony is given otherwise than on oath or affirmation, the Federal Circuit Court of Australia or the Judge is to give the testimony such weight as the Federal Circuit Court of Australia or the Judge thinks fit in the circumstances.
(4) The power conferred on the Federal Circuit Court of Australia or a Judge by subsection (1) may be exercised:
(a) on the application of a party to the proceedings concerned; or
(b) on the Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative, as the case may be.
(5) This section applies whether the person giving testimony is in or outside Australia, but does not apply if the person giving testimony is in New Zealand .
Note: See Part 6 of the
Trans‑Tasman Proceedings Act 2010 .
(1) The Federal Circuit Court of Australia or a Judge may, for the purposes of any proceeding, direct or allow a person to appear before the Federal Circuit Court of Australia or the Judge by way of video link or audio link.
Note: See also section 69.
(2) The power conferred on the Federal Circuit Court of Australia or a Judge by subsection (1) may be exercised:
(a) on the application of a party to the proceedings concerned; or
(b) on the Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative, as the case may be.
(3) This section applies whether the person appearing is in or outside Australia, but does not apply if the person appearing is in New Zealand .
Note: See Part 6 of the
Trans‑Tasman Proceedings Act 2010 .
(1) The Federal Circuit Court of Australia or a Judge may, for the purposes of any proceeding, direct or allow a person to make a submission to the Federal Circuit Court of Australia or the Judge by way of video link or audio link.
Note: See also section 69.
(2) The power conferred on the Federal Circuit Court of Australia or a Judge by subsection (1) may be exercised:
(a) on the application of a party to the proceedings concerned; or
(b) on the Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative, as the case may be.
(3) This section applies whether the person making the submission is in or outside Australia, but does not apply if the person making the submission is in New Zealand .
Note: See Part 6 of the
Trans‑Tasman Proceedings Act 2010 .
Video link
(1) The Federal Circuit Court of Australia or a Judge must not exercise the power conferred by subsection 66(1), 67(1) or 68(1) in relation to a video link unless the Federal Circuit Court of Australia or the Judge is satisfied that the following conditions are met in relation to the video link:
(a) the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting is equipped with facilities (for example, television monitors) that enable all eligible persons present in that courtroom or place to see and hear the person (the
remote person ) who is:
(i) giving the testimony; or
(ii) appearing; or
(iii) making the submission;
as the case may be, by way of the video link;
(b) the place at which the remote person is located is equipped with facilities (for example, television monitors) that enable all eligible persons present in that place to see and hear each eligible person who is present in the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting;
(c) such other conditions (if any) as are prescribed by the Rules of Court in relation to the video link;
(d) such other conditions (if any) as are imposed by the Federal Circuit Court of Australia or the Judge.
(2) The conditions that may be prescribed by the Rules of Court in accordance with paragraph (1)(c) include conditions relating to:
(a) the form of the video link; and
(b) the equipment, or class of equipment, used to establish the link; and
(c) the layout of cameras; and
(d) the standard of transmission; and
(e) the speed of transmission; and
(f) the quality of communication.
Audio link
(3) The Federal Circuit Court of Australia or a Judge must not exercise the power conferred by subsection 66(1), 67(1) or 68(1) in relation to an audio link unless the Federal Circuit Court of Australia or the Judge is satisfied that the following conditions are met in relation to the audio link:
(a) the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that courtroom or place to hear the person (the
remote person ) who is:
(i) giving the testimony; or
(ii) appearing; or
(iii) making the submission;
as the case may be, by way of the audio link;
(b) the place at which the remote person is located is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that place to hear each eligible person who is present in the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting;
(c) such other conditions (if any) as are prescribed by the Rules of Court in relation to the audio link;
(d) such other conditions (if any) as are imposed by the Federal Circuit Court of Australia or the Judge.
(4) The conditions that may be prescribed by the Rules of Court in accordance with paragraph (3)(c) include conditions relating to:
(a) the form of the audio link; and
(b) the equipment, or class of equipment, used to establish the audio link; and
(c) the standard of transmission; and
(d) the speed of transmission; and
(e) the quality of communication.
Eligible persons
(5) For the purposes of the application of this section to a particular proceeding,
eligible persons are such persons as the Federal Circuit Court of Australia or a Judge considers should be treated as eligible persons for the purposes of that proceeding.
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 Court of Australia or a Judge may direct or allow the document to be put to the person:
(a) if the document is physically present in the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting:
(i) by causing a copy of the document to be transmitted to the place where the person is located; and
(ii) by causing the transmitted copy to be put to the person; or
(b) if the document is physically present in the place where the person is located:
(i) by causing the document to be put to the person; and
(ii) by causing a copy of the document to be transmitted to the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting.
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 means of the video link or audio link, as the case may be, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give testimony in the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting; or
(b) if the Federal Circuit Court of Australia or the Judge allows another person who is present at the place where the remote person is located to administer the oath or affirmation—by that other person.
(1) The Federal Circuit Court of Australia or a Judge may make such orders as the Federal Circuit Court of Australia or the Judge thinks just for the payment of expenses incurred in connection with:
(a) the giving of testimony by video link or audio link in accordance with this Division; or
(b) the appearance of a person by video link or audio link in accordance with this Division; or
(c) the making of submissions by video link or audio link in accordance with this Division.
(2) Subsection (1) has effect subject to the regulations.
This Division does not affect the operation of the
Trans‑Tasman Proceedings Act 2010 .
(1) An order of the Federal Circuit Court of Australia must:
(a) be in writing; or
(b) be reduced to writing as soon as practicable.
(2) An order of the Federal Circuit Court of Australia may be authenticated in a manner specified in the Rules of Court.
(1) If:
(a) the Federal Circuit Court of Australia reserves judgment in a proceeding; and
(b) the Judge who heard the proceeding subsequently prepares orders and reasons, but is not available to publish those orders and reasons;
those orders and reasons may be made public by another Judge on behalf of the Judge who heard the proceeding.
(2) If:
(a) the Federal Circuit Court of Australia reserves reasons for its decision in a proceeding; and
(b) the Judge who heard the proceeding has prepared reasons, but is not available to publish those reasons;
those reasons may be made public by another Judge on behalf of the Judge who heard the proceeding.
(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 interest order
(2) A party to proceedings that are:
(a) in the Federal Circuit Court of Australia; and
(b) for the recovery of any money (including any debt or damages or the value of any goods) in respect of a particular cause of action;
may apply to the Federal Circuit Court of Australia or a Judge for an order under subsection (3).
Interest order
(3) If:
(a) an application is made under subsection (2); and
(b) the Federal Circuit Court of Australia or the Judge is not satisfied that good cause has been shown for not making an order under this subsection;
the Federal Circuit Court of Australia or the Judge must either:
(c) order that there be included in the sum for which judgment is given interest at such rate as the Federal Circuit Court of Australia or the Judge thinks fit on the whole or any part of the money for the whole or any part of the period between:
(i) the date when the cause of action arose; and
(ii) the date as of which judgment is entered; or
(d) without proceeding to calculate interest in accordance with paragraph (c), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest.
Exceptions
(4) Subsection (3) does not:
(a) authorise the giving of interest upon interest or of a sum in lieu of such interest; or
(b) apply in relation to any debt upon which interest is payable as of right, whether by virtue of an agreement or otherwise; or
(c) affect the damages recoverable for the dishonour of a bill of exchange; or
(d) limit the operation of any enactment or rule of law which, apart from this section, provides for the award of interest; or
(3) A person is an
eligible spouse of a retired disabled Judge who dies if:
(a) the person had a marital or couple relationship with the Judge at the time of the Judge’s death; and
(b) the marital or couple relationship began:
(i) before the Judge retired; or
(ii) before the Judge attained the age of 60 years.
(4) A person is an
eligible spouse of a Judge, or a retired disabled Judge, who dies if:
(a) the person had previously had a marital or couple relationship with the Judge; and
(b) the person did not, at the time of the Judge’s death, have a marital or couple relationship with the Judge but was legally married to him or her; and
(c) in the Minister’s opinion, the person was wholly or substantially dependent upon the Judge at the time of the Judge’s death; and
(d) in the case of a marital or couple relationship that began after the Judge retired—the marital or couple relationship began before the Judge attained the age of 60 years.
Note: For review of decisions under paragraph (4)(c), see subclause (9).
Meaning of marital or couple relationship
(5) For the purposes of this Act, a person had a
marital or couple relationship with another person at a particular time if:
(a) the person had been living with the other person as the other person’s husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or
(b) both:
(i) the person had been living with the other person as the other person’s husband, wife, spouse or partner for a continuous period of less than 3 years up to that time; and
(ii) the Minister, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the other person as the other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time;
whether or not the person was legally married to the other person.
Note 1: Subclause (7) lists some of the evidence relevant to subparagraph (5)(b)(ii).
Note 2: For review of decisions under subparagraph (5)(b)(ii), see subclause (9).
(6) For the purposes of this Act, a marital or couple relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (5)(a) or subparagraph (5)(b)(i).
(7) For the purpose of subparagraph (5)(b)(ii), relevant evidence includes, but is not limited to, evidence establishing any of the following:
(a) that the person was wholly or substantially dependent on that other person at the time;
(b) that the persons were legally married to each other at the time;
(ba) the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 2E of the
Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;(c) that the persons had a child who was:
(i) born of the relationship between the persons; or
(ii) adopted by the persons during the period of the relationship; or
(iii) a child of both of the persons within the meaning of the
Family Law Act 1975 ;(d) that the persons jointly owned a home which was their usual residence.
Meaning of living with a person
(8) For the purposes of this Act, a person is taken to be
living with another person if the Minister is satisfied that the person would have been living with that other person except for a period of:
(a) temporary absence; or
(b) absence because of special circumstances (for example, absence because of the person’s illness or infirmity).
Note: For review of decisions under subclause (8), see subclause (9).
Applications for review
(9) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under paragraph (4)(c), subparagraph (5)(b)(ii) or subclause (8).
(1) For the purposes of this Act, 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 attained the age of 18 years but has not attained the age of 25 years and is receiving full‑time education at a school, college or university; and
(b) one of the following applies:
(i) the person is a child or adopted child of the Judge;
(ia) the person is a child of the Judge within the meaning of the
Family Law Act 1975 ;(ii) in the Minister’s opinion, the person was wholly or substantially dependent on the Judge at the time of the Judge’s death;
(iii) in the Minister’s opinion, the person would have been wholly or substantially dependent on the Judge but for the Judge’s death.
(2) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under subparagraph (1)(b)(ii) or (iii).
The following are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly:
(a) pensions under clause 9B;
(b) Commonwealth superannuation contributions under clause 9C;
(c) payments under clause 9D.
(1) The remuneration of a Judge is not to be diminished during his or her continuance in office.
(2) In subclause (1):
diminished has the same meaning as in paragraph 72(iii) of the Constitution.
remuneration has the same meaning as in paragraph 72(iii) of the Constitution.
(1) The Minister may appoint a Judge to act as Chief Judge:
(a) during a vacancy in the office of Chief Judge; or
(b) during any period, or all periods, when the Chief Judge is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901 .(3) For the purposes of this Act, a person who is acting as Chief Judge under subclause (1) is taken not to be assigned to either Division of the Federal Circuit Court of Australia.
Note: A Judge who is not assigned to either Division of the Federal Circuit Court of Australia may exercise the powers of the Federal Circuit Court of Australia in either Division (see subsection 12(3C)).
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Federal Magistrates Act 1999 | 193, 1999 | 23 Dec 1999 | 23 Dec 1999 | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 472–479): 23 Dec 1999 (s 2(3)) | — |
| ||||
| 63, 2002 | 3 July 2002 | s 4: 3 July 2002 Sch 2 (item 23): 23 Dec 1999 (s 2(1) item 52) | s 4 |
Family Law Amendment Act 2000 | 143, 2000 | 29 Nov 2000 | Sch 3 (item 117): 29 Nov 2000 (s 2(1A)) Sch 3 (items 118, 119): 27 Dec 2000 (s 2(1)) | — |
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 | 140, 2003 | 17 Dec 2003 | s 4 and Sch 1 (items 25, 26): 1 Jan 2005 (s 2(1) items 2, 3) | s 4 |
Migration Litigation Reform Act 2005 | 137, 2005 | 15 Nov 2005 | Sch 1 (items 8, 40, 42, 44): 1 Dec 2005 (s 2(1) item 2) Sch 2 (items 1–21): 15 Nov 2005 (s 2(1) item 3) | Sch 1 (items 40, 42, 44) and Sch 2 (item 21) |
Family Law Amendment (Shared Parental Responsibility) Act 2006 | 46, 2006 | 22 May 2006 | Sch 4 (items 87–113): 1 July 2006 (s 2(1) item 5) | — |
Statute Law Revision Act 2007 | 8, 2007 | 15 Mar 2007 | Sch 1 (items 11, 12): 1 July 2006 (s 2(1) item 9) | — |
Federal Magistrates Amendment (Disability and Death Benefits) Act 2007 | 163, 2007 | 25 Sept 2007 | 26 Sept 2007 (s 2) | Sch 1 (item 16) |
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 | 115, 2008 | 21 Nov 2008 | Sch 2 (item 32): 1 Mar 2009 (s 2(1) item 3) | — |
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 | 134, 2008 | 4 Dec 2008 | s 4: 4 Dec 2008 (s 2(1) item 1) Sch 2 (items 2–12): 1 Jan 2009 (s 2(1) item 3A) | s 4 and Sch 2 (item 12) |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 | 55, 2009 | 25 June 2009 | Sch 17 (items 10–17, 20): 1 July 2009 (s. 2(1)) | Sch 17 (item 20) |
Access to Justice (Civil Litigation Reforms) Amendment Act 2009 | 117, 2009 | 4 Dec 2009 | Sch 3 (items 11–14(1)): 1 Jan 2010 (s 2(1) item 3) | Sch 3 (item 14(1)) |
Trans‑Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 | 36, 2010 | 13 Apr 2010 | Sch 2 (items 17–20): 11 Oct 2013 (s. 2(1)) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 598–603) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) item 3) | Sch 3 (items 10, 11) |
Parliamentary Counsel and Other Legislation Amendment Act 2012 | 107, 2012 | 22 July 2012 | Sch 2 (item 10): 1 Oct 2012 (s 2(1) item 2) | — |
Federal Circuit Court of Australia Legislation Amendment Act 2012 | 165, 2012 | 28 Nov 2012 | Sch 1 (items 1–186): 12 Apr 2013 (s 2(1) item 2) Sch 1 (item 187): never commenced (s 2(1) item 3) Sch 1 (items 188–402): 12 Apr 2013 s 2(1) item 4) | — |
| ||||
| 13, 2013 | 14 Mar 2013 | Sch 3 (item 62): 28 Nov 2012 (s 2(1) item 11) | — |
Access to Justice (Federal Jurisdiction) Amendment Act 2012 | 186, 2012 | 11 Dec 2012 | Sch 2 (items 6, 7, 11, 12(3), (4)): 12 Dec 2012 (s 2(1) item 2) Sch 3 (items 9, 11, 12(3), (4)): 11 June 2013 (s 2(1) item 3) | Sch 2 (items 11, 12(3), (4)) and Sch 3 (items 11, 12(3), (4)) |
Courts Legislation Amendment (Judicial Complaints) Act 2012 | 187, 2012 | 11 Dec 2012 | Sch 1 (items 24–33): 12 Apr 2013 (s 2(1) item 2) | Sch 1 (item 33) |
Courts and Tribunals Legislation Amendment (Administration) Act 2013 | 7, 2013 | 12 Mar 2013 | Sch 2 (items 17–23, 25–28): 1 July 2013 (s 2(1) item 3) | Sch 2 (items 25–28) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 3 (items 48–53, 70–80): 12 Apr 2013 (s 2(1) item 9) Sch 3 (items 54–61): 11 June 2013 (s 2(1) item 10) | — |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 1 (item 37): 24 June 2014 (s 2(1) item 2) | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 9 (items 21–23) and Sch 14: 1 July 2014 (s 2(1) item 6) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Federal Courts Legislation Amendment Act 2015 | 9, 2015 | 25 Feb 2015 | Sch 2: 26 Feb 2015 (s 2) | Sch 2 (items 5, 8) |
Acts and Instruments (Framework Reform) Act 2015 | 10, 2015 | 5 Mar 2015 | Sch 1 (items 136–139, 166–179): 5 Mar 2016 (s 2(1) item 2) | Sch 1 (items 166–179) |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 3 (items 1, 6): 5 Mar 2016 (s 2(1) item 8) | Sch 3 (item 6) |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 225, 226): 5 Mar 2016 (s 2(1) item 2) |
|
Civil Law and Justice (Omnibus Amendments) Act 2015 | 132, 2015 | 13 Oct 2015 | Sch 1 (items 35–38): 14 Oct 2015 (s 2(1) item 2) | Sch 1 (item 38) |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 1 (item 7): 10 Dec 2015 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 167): 10 Mar 2016 (s 2(1) item 6) | — |
Courts Administration Legislation Amendment Act 2016 | 24, 2016 | 18 Mar 2016 | Sch 3: 1 July 2016 (s 2(1) item 6) Sch 6: 18 Mar 2016 (s 2(1) item 9) | Sch 6 |
Trade Legislation Amendment Act (No. 1) 2016 | 31, 2016 | 23 Mar 2016 | Sch 2 (item 18): 1 May 2016 (s 2(1) item 3) | — |
Marriage Amendment (Definition and Religious Freedoms) Act 2017 | 129, 2017 | 8 Dec 2017 | Sch 3 (item 30) and Sch 4: 9 Dec 2017 (s 2(1) item 7) | Sch 4 |
Legislation Amendment (Sunsetting Review and Other Measures) Act 2018 | 78, 2018 | 24 Aug 2018 | Sch 1 (items 13–15): 25 Aug 2018 (s 2(1) item 2) | Sch 1 (item 15) |
Public Sector Superannuation Legislation Amendment Act 2018 | 80, 2018 | 24 Aug 2018 | Sch 1 (items 15, 27, 28): 1 Jan 2020 (s 2(1) item 3) | Sch 1 (items 27, 28) |
Family Law Amendment (Family Violence and Other Measures) Act 2018 | 97, 2018 | 31 Aug 2018 | Sch 1 (item 25): 1 Sept 2018 (s 2(1) item 3) | — |
1999 No. 301 | 4 Dec 1999 | 5 Dec 1999 (r 1.2) | — |
| |||
| 8 Dec 2000 | Sch 2: 23 Dec 1999 (r 2(b)) | — |
Title......................................... | am No 165, 2012 |
s 1............................................ | am No 165, 2012 |
s 2............................................ | am No 165, 2012 |
s 3............................................ | am No 165, 2012 |
s 4............................................ | am No 137, 2005; No 46, 2006; No 55, 2009 |
rs No 165, 2012 | |
s 5............................................ | am No 46, 2006; No 163, 2007; No 134, 2008; No 55, 2009; No 165, 2012; No 187, 2012; No 7, 2013; No 13, 2013; No 9, 2015; No 132, 2015; No 24, 2016 |
s 5A......................................... | ad No 163, 2007 |
rs No 165, 2012 | |
Part 2 heading........................... | rs No 165, 2012 |
s 8............................................ | am No 165, 2012 |
s 9............................................ | am No 165, 2012 |
Part 3 heading........................... | rs No 165, 2012 |
s 10.......................................... | am No 165, 2012; No 9, 2015 |
s 10AA..................................... | ad No 9, 2015 |
am No 126, 2015 | |
s 10A heading........................... | rs No 165, 2012 |
s 10A........................................ | ad No 55, 2009 |
am No 165, 2012 | |
s 11.......................................... | am No 165, 2012 |
s 12.......................................... | am No 55, 2009; No 117, 2009; No 165, 2012; No 187, 2012; No 13, 2013 |
s 13.......................................... | am No 165, 2012 |
s 14.......................................... | am No 165, 2012 |
s 15.......................................... | am No 165, 2012 |
s 16.......................................... | am No 165, 2012 |
s 17.......................................... | am No 165, 2012 |
s 17A........................................ | ad No 137, 2005 |
am No 165, 2012; No 97, 2018 | |
s 18.......................................... | am No 165, 2012 |
s 19.......................................... | am No 143, 2000; No 165, 2012 |
s 20.......................................... | am No 165, 2012; No 31, 2014; No 145, 2015 |
Part 4 heading........................... | rs No 46, 2006 |
s 20A........................................ | ad No 46, 2006 |
am No 165, 2012 | |
s 21.......................................... | am No 46, 2006 |
s 22.......................................... | am No 46, 2006; No 165, 2012 |
s 23.......................................... | am No 46, 2006; No 165, 2012 |
s 24.......................................... | am No 46, 2006; No 165, 2012 |
s 25.......................................... | am No 46, 2006; No 165, 2012 |
s 26.......................................... | am No 165, 2012 |
s 27.......................................... | am No 46, 2006; No 165, 2012 |
s 28.......................................... | am No 46, 2006; No 165, 2012 |
s 29.......................................... | am No 46, 2006; No 165, 2012 |
s 30.......................................... | am No 46, 2006; No 165, 2012 |
s 31.......................................... | am No 46, 2006; No 132, 2015 |
s 32.......................................... | am No 165, 2012 |
s 33.......................................... | am No 165, 2012 |
s 34.......................................... | am No 165, 2012 |
s 35.......................................... | am No 165, 2012 |
s 36.......................................... | am No 165, 2012 |
s 37.......................................... | am No 165, 2012 |
s 38.......................................... | am No 165, 2012 |
s 39.......................................... | am No 165, 2012 |
s 40.......................................... | am No 165, 2012 |
s 41.......................................... | am No 165, 2012; No 10, 2015; No 126, 2015 |
s 42.......................................... | am No 165, 2012 |
s 43.......................................... | am No 165, 2012 |
s 44.......................................... | am No 165, 2012 |
s 45.......................................... | am No 165, 2012 |
Division 2 heading..................... | rs No 165, 2012 |
s 46.......................................... | am No 165, 2012 |
s 47.......................................... | am No 165, 2012 |
s 48.......................................... | am No 165, 2012 |
s 49.......................................... | am No 165, 2012 |
s 50.......................................... | am No 165, 2012 |
s 51.......................................... | am No 165, 2012 |
s 52.......................................... | am No 165, 2012 |
s 53.......................................... |
am No 165, 2012 | |
s 54.......................................... | am No 165, 2012 |
s 55.......................................... | am No 165, 2012 |
s 56.......................................... | am No 165, 2012 |
s 57.......................................... | am No 165, 2012 |
s 58.......................................... | am No 165, 2012 |
s 59.......................................... | am No 165, 2012; No 31, 2016 |
s 60.......................................... | am No 165, 2012 |
s 61.......................................... | rep No 186, 2012 |
s 62.......................................... | am No 165, 2012 |
s 63.......................................... | am No 165, 2012 |
s 64.......................................... | am No 165, 2012 |
s 65.......................................... | am No 143, 2000; No 165, 2012; No 4, 2016 |
s 66.......................................... | am No 36, 2010; No 165, 2012 |
s 67.......................................... | am No 165, 2012 |
s 68.......................................... | am No 36, 2010; No 165, 2012 |
s 69.......................................... | am No 165, 2012 |
s 70.......................................... | am No 165, 2012 |
s 71.......................................... | am No 165, 2012 |
s 72.......................................... | am No 165, 2012 |
s 73.......................................... | am No 36, 2010 |
s 74.......................................... | am No 165, 2012 |
s 75.......................................... | am No 165, 2012 |
s 76.......................................... | am No 165, 2012 |
s 77.......................................... | am No 165, 2012 |
s 78.......................................... | am No 143, 2000; No 165, 2012 |
s 79.......................................... | am No 55, 2009; No 165, 2012; No 9, 2015 |
s 80.......................................... | am No 165, 2012 |
s 81.......................................... | am No 140, 2003; No 107, 2012; No 165, 2012; No 10, 2015; No 78, 2018 |
s 82.......................................... | am No 165, 2012 |
s 83.......................................... | am No 165, 2012 |
s 85.......................................... | am No 165, 2012 |
s 86.......................................... | am No 165, 2012 |
s 87.......................................... | am No 46, 2006; No 165, 2012 |
Part 6A..................................... | ad No 186, 2012 |
s 88A........................................ | ad No 186, 2012 |
s 88B........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88C........................................ | ad No 186, 2012 |
s 88D........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88E........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88F........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88G........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88H........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88J......................................... | ad No 186, 2012 |
am No 13, 2013 | |
s 88K........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88L........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88M....................................... | ad No 186, 2012 |
am No 13, 2013 | |
Part 6B..................................... | ad No 186, 2012 |
s 88N........................................ | ad No 186, 2012 |
s 88P........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88Q........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88R........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88S........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88T........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88U........................................ | ad No 186, 2012 |
am No 13, 2013 | |
s 88V........................................ | ad No 186, 2012 |
am No 13, 2013 | |
Part 7 heading........................... | rs No 165, 2012 |
Division 1 heading..................... | rs No 165, 2012; No 24, 2016 |
s 89.......................................... | am No 137, 2005; No 165, 2012; No 24, 2016 |
s 90.......................................... | am No 137, 2005; No 165, 2012; No 24, 2016 |
s 91.......................................... | am No 137, 2005; No 165, 2012 |
s 92.......................................... | am No 137, 2005; No 165, 2012 |
s 93.......................................... | am No 137, 2005; No 165, 2012 |
Division 1A heading.................. | rs No 165, 2012 |
Division 1A............................... | ad No 46, 2006 |
s 93A........................................ | ad No 46, 2006 |
s 93B........................................ | ad No 46, 2006 |
s 93C........................................ | ad No 46, 2006 |
s 93D........................................ | ad No 46, 2006 |
am No 8, 2007; No 165, 2012 | |
s 94.......................................... | am No 165, 2012 |
rep No 7, 2013 | |
s 95.......................................... | rep No 7, 2013 |
s 96.......................................... | am No 137, 2005; No 165, 2012 |
s 96A........................................ | ad No 24, 2016 |
s 96B........................................ | ad No 24, 2016 |
s 96C........................................ | ad No 24, 2016 |
s 96D........................................ | ad No 24, 2016 |
s 96E........................................ | ad No 24, 2016 |
s 96F........................................ | ad No 24, 2016 |
s 96G........................................ | ad No 24, 2016 |
s 96H........................................ | ad No 24, 2016 |
s 96J......................................... | ad No 24, 2016 |
s 97.......................................... | am SR No 301, 1999 (as am by SR No 332, 2000); No 165, 2012 |
rep No 7, 2013 | |
s 98.......................................... | am No 165, 2012 |
s 99.......................................... |
|
s 100........................................ | rs SR No 301, 1999 (as am by SR No 332, 2000) |
am No 137, 2005; No 165, 2012; No 7, 2013; No 24, 2016 | |
s 101........................................ | am SR No 301, 1999 (as am by SR No 332, 2000); No 165, 2012 |
s 102........................................ | am No 46, 2006; No 115, 2008; No 165, 2012 |
s 103........................................ | am No 165, 2012 |
s 104........................................ | am SR No 301, 1999 (as am by SR No 332, 2000); No 165, 2012 |
s 105........................................ | am No 165, 2012 |
s 106........................................ | am SR No 301, 1999 (as am by SR No 332, 2000); No 165, 2012 |
s 107........................................ | am No 165, 2012; No 24, 2016 |
s 109........................................ | am SR No 301, 1999 (as am by SR No 332, 2000); No 165, 2012 |
s 110........................................ | am No 165, 2012; No 24, 2016 |
s 111A...................................... | ad No 46, 2006 |
am No 165, 2012 | |
Heading to s 112........................ | rs No 165, 2012 |
s 112........................................ | am SR No 301, 1999 (as am by SR No 332, 2000); No 165, 2012 |
s 112A...................................... | ad No 7, 2013 |
rep No 24, 2016 | |
s 113........................................ | am No 165, 2012 |
s 113A...................................... | ad No 132, 2015 |
s 114........................................ | am No 165, 2012 |
s 115........................................ | am No 46, 2006; No 165, 2012 |
rep No 24, 2016 | |
s 116........................................ | am No 165, 2012 |
s 117........................................ |
|
s 117A...................................... | ad No 137, 2005 |
am No 165, 2012 | |
s 118........................................ | am No 165, 2012; No 24, 2016 |
s 118A...................................... | ad No 187, 2012 |
am No 13, 2013 | |
s 119........................................ | rs No 165, 2012 |
s 120........................................ | am No 140, 2003; No 165, 2012; No 10, 2015 |
Schedule 1 heading.................... | rs No 165, 2012 |
Part 1 heading........................... | ad No 163, 2007 |
rs No 165, 2012 | |
c 1............................................ | am No 165, 2012 |
c 1A......................................... | ad No 55, 2009 |
am No 165, 2012 | |
c 2............................................ | rs No 165, 2012 |
c 3............................................ | am No 165, 2012 |
Part 2 heading........................... | ad No 163, 2007 |
rs No 165, 2012 | |
Division 1 heading..................... | ad No 163, 2007 |
rs No 165, 2012 | |
c 4............................................ | am No 165, 2012 |
c 5............................................ | am No 165, 2012 |
c 6............................................ | am No 165, 2012 |
c 7............................................ | am No 165, 2012 |
c 8............................................ | am No 165, 2012 |
c 9............................................ | am No 165, 2012 |
Division 2................................. | ad No 163, 2007 |
c 9A......................................... | ad No 163, 2007 |
am No 165, 2012 | |
c 9B......................................... | ad No 163, 2007 |
am No 165, 2012 | |
c 9C......................................... | ad No 163, 2007 |
am No 165, 2012 | |
c 9D......................................... | ad No 163, 2007 |
am No 165, 2012 | |
c 9E.......................................... | ad No 163, 2007 |
am No 134, 2008; No 46, 2011; No 165, 2012; No 129, 2017 | |
c 9F.......................................... | ad No 163, 2007 |
am No 134, 2008; No 165, 2012; No 80, 2018 | |
c 9G......................................... | ad No 163, 2007 |
Division 3 heading..................... | rs No 165, 2012 |
Division 3................................. | ad No 163, 2007 |
c 9H......................................... | ad No 163, 2007 |
am No 165, 2012 | |
Part 3 heading........................... | ad No 163, 2007 |
rs No 165, 2012 | |
c 10.......................................... | am No 55, 2009; No 46, 2011; No 165, 2012 |
c 11.......................................... | rep No 163, 2007 |
Schedule 2 heading.................... | rs No 165, 2012 |
rep No 7, 2013 | |
Schedule 2................................ | rep No 7, 2013 |
c 1............................................ | rep No 7, 2013 |
c 2............................................ | am No 165, 2012 |
rep No 7, 2013 | |
c 3............................................ | am No 165, 2012 |
rep No 7, 2013 | |
c 4............................................ | rep No 7, 2013 |
c 5............................................ | am No 146, 1999; No 165, 2012 |
rep No 7, 2013 | |
c 6............................................ | rep No 7, 2013 |
c 7............................................ | am No 165, 2012 |
rep No 7, 2013 | |
c 8............................................ | am No 165, 2012 |
rep No 7, 2013 | |
c 9............................................ | am No 46, 2011; No 165, 2012 |
rep No. 7, 2013 |
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