EXPLANATORY STATEMENT
Family Law Act 1975
Family Court of Australia
(Delegation of Powers) Rules
Statutory Rules No. 342 of 1985
The Statute Law (Miscellaneous Provisions) Act (No. 2) (No. 193 of 1985) (“the Act”) came into operation on 16 December 1985.
The Act repeals section 37A of the Family Law Act 1975 and substitutes a new section 37A. The Act also amends section 37B.
New Section 37A of the Family Law Act enables the Judges of the Family Court of Australia to make Rules of Court delegating certain powers of the Family Court of Australia to Registrars of the Family Court of Australia.
The Family Court of Australia (Delegation of Powers) Rules (Statutory Rules No. 342 of 1985), made by a majority of Judges of the Family Court of Australia under new section 37A of the Family Law Act, delegate to Registrars of the Family Court of Australia the powers specified in those Rules.
The powers delegated to Registrars under Statutory Rules No. 342 of 1985 are the same powers as were able to be exercised by Registrars under the repealed section 37A of the Family Law Act read with former Order 36 Rule 3 of the Family Law Rules (Statutory Rules No. 425 of 1984), except that the power to make orders for the enforcement of maintenance orders has not been delegated.