Federal Magistrates Court (Delegation to Registrars) Rules 2000 (Cth)

Federal Magistrates Court (Delegation to Registrars) Rules 2000

Statutory Rules 2000 No. 171 as amended

made under the

Federal Magistrates Act 1999

This compilation was prepared on 3 November 2003

taking into account amendments up to SR 2003 No. 273

[Note:

These Rules were repealed by SR 2003 No. 273]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1.1Name of Rules [see Note 1]

 These Rules are the Federal Magistrates Court (Delegation to Registrars) Rules 2000.

1.2Commencement

 These Rules commence on 23 June 2000.

1.3Definition

 In these Rules:

Act means the Federal Magistrates Act 1999.

1.4Delegation of powers to Registrars

• (1)

  The powers of the Court under the provisions of the Bankruptcy Act 1966 mentioned in the following table are delegated to each Registrar.

 

Item	Provision	Description (for information only)
1	subsection 30 (1) (only for an application to set aside a bankruptcy notice)	power to set aside a bankruptcy notice
2	section 33	adjournment, amendment of process and extension and abridgment of time
3	subsection 41 (6A)	extension of time for compliance with a bankruptcy notice
4	subsection 43 (1)	power to make a sequestration order
5	subsection 46 (2)	power to make a sequestration order against 2 or more debtors
6	subsection 47 (2)	power to give leave to withdraw a creditor’s petition after presentation
7	section 49	power to permit the substitution of another creditor as petitioner
8	subsection 52 (1)	power to make a sequestration order against the estate of a debtor
9	subsection 52 (2)	power to dismiss a petition
10	subsection 52 (5)	power to extend a period at the expiration of which a petition will lapse
11	section 81	powers for examination
12	section 139ZU	power to grant a bankrupt permission to leave Australia
13	section 206	power to adjourn a petition if creditors have passed a resolution for a deed and to subsequently dismiss the petition
14	subsection 244 (9)	power to direct service of petition on a person under Part XI
15	subsection 244 (10)	power to dispense with service of a petition under Part XI
16	subsection 244 (11)	power to make an order for administration of estate under Part XI
17	subsection 244 (12)	power to dismiss a petition under Part XI
18	subsection 244 (13)	power to give leave to present a petition under Part XI
19	subsection 247 (1A)	power to make an order for administration of a petition by person administering estate
20	section 264B	power to issue a warrant
21	subsection 309 (2)	power to order substituted service

• (2)

  The following powers of the Court under the Family Law Act 1975 are delegated to each Registrar:

  • (a)

    the power to make a decree of dissolution of marriage in undefended proceedings;

  • (b)

    the powers under subsection 55 (2) and section 55A of that Act to make an order, or a declaration, in relation to a decree of dissolution of marriage.

• (3)

  In addition, the powers mentioned in subsection 102 (2) of the Act are delegated to each Registrar.

  Note   The powers mentioned in subsection 102 (2) of the Act are:

  • •

    the power to dispense with the service of any process of the Federal Magistrates Court;

  • •

    the power to make orders in relation to substituted service;

  • •

    the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Federal Magistrates Court or of any other person;

  • •

    the power to make orders in relation to interrogatories;

  • •

    the power, in proceedings in the Federal Magistrates Court, to make an order adjourning the hearing of the proceedings;

  • •

    the power to make an order as to costs;

  • •

    the power to make an order about security for costs;

  • •

    the power to make an order exempting a party to proceedings in the Federal Magistrates Court from compliance with a provision of the Rules of Court;

  • •

    a power of the Federal Magistrates Court prescribed by the Rules of Court;

  • •

    the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions;

  • •

    the power to direct the parties to family law or child support proceedings to attend conferences conducted by family and child counsellors or welfare officers;

  • •

    the power, in family law or child support proceedings, to make:

    – an order under section 66Q, 67E or 77 of the Family Law Act 1975; or

    – an order for the payment of maintenance pending the disposal of the proceedings;

  • •

    the power to make an order the terms of which have been agreed upon by all the parties to the proceedings;

  • •

    the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders under the Family Law Act 1975;

  • •

    the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations under the Family Law Act 1975.

• (4)

  A power mentioned in subrule (1), (2) or (3) may be exercised by a Registrar only if the Registrar is approved, or is in a class of Registrars approved, by the Chief Federal Magistrate for the exercise of the power.

Notes to the Federal Magistrates Court (Delegation to Registrars) Rules 2000

Note 1

The Federal Magistrates Court (Delegation to Registrars) Rules 2000 (in force under the Federal Magistrates Act 1999) as shown in this compilation comprise Statutory Rules 2000 No. 171 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
2000 No. 171	23 June 2000	23 June 2000
2003 No. 273	31 Oct 2003	3 Nov 2003	—