EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 10
FEDERAL MAGISTRATES COURT AMENDMENT RULES 2008 (No. 1)
Issued by the authority of the Federal Magistrates of the Federal Magistrates Court
of Australia
Section 81 of the Federal Magistrates Act 1999 permits the Federal Magistrates or a majority of them, to make rules of Court not inconsistent with the Act. These rules may provide for the practice and procedure to be followed in the Court and may extend to all matters incidental to any such practice or procedure that are necessary or convenient to be prescribed for the conduct of any business of the Court.
Under sub-section 81(3) of the Federal Magistrates Act 1999 the Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act) applies in relation to rules of court made by the Court under the Federal Magistrates Act 1999 or another Act:
(a) as if a reference to a legislative instrument were a reference to a rule of court; and
(b) as if a reference to a rule-maker were a reference to the Chief Federal Magistrate acting on behalf of the Federal Magistrates of the Court; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under section 120 Federal Magistrates Act 1999.
The Federal Magistrates have agreed to adopt the Federal Magistrates Court Amendment Rules 2008 No. 1 (‘the Amendment Rules’).
There has been consultation with the Family Court of Australia, the Attorney General’s Department and the Family Law Section of the Law Council of Australia in relation to the amendments.
The Amendment Rules include miscellaneous amendments to the Federal Magistrates Court Rules 2001 (‘the Rules’), including
• amendment to Subparagraph 20.00A to delegate certain Family Law Act 1975 powers to Registrars including the exercise of powers under subsections 601(9), 60I(10) and 60J
• amendment to the terminology in Schedule 1, Part 1, to remove reference to PDR litigation intervention with Dispute resolution litigation intervention.
Details of the Amendment Rules are in the Attachment.
The Amendment Rules commence on the 1 March 2008.
ATTACHMENT
Federal Magistrates Court Amendment Rules 2008 (No 1)
Rule 1 – Name of Rules
Rule 1 provides that the Rules are to be cited as the Federal Magistrates Court Amendment Rules 2008 (No. 1).
Rule 2 – Commencement
Rule 2 provides that the Rules will commence on the 1 March 2008.
Rule 3 – Amendment to the Federal Magistrates Court Rules 2001
Rule 3 provides that the Rules are amended as set out in Schedule 1.
SCHEDULE 1
[1] Subparagraphs 20.00A(1)(b)(ii) and (iii)
This amendment provides for the delegation to Registrars of additional Family Law Act 1975 powers including the exercise of powers under subsections 601(9), 60I(10) and 60J
[2] Schedule 1, Part 1
The amendment substitutes the reference 'PDR litigation intervention' with ' Dispute resolution litigation intervention' consistent with the terminology of the Family Law Act 1975 and the Federal Magistrates Act 1999
Overview
The Federal Magistrates Court Amendment Rules 2008 (No. 1) were enacted to refine the procedural and operational aspects of the Federal Magistrates Court of Australia, as authorised under Section 81 of the Federal Magistrates Act 1999. These amendments were introduced to ensure that the court's practice and procedure remain consistent with the overarching legislative framework while adapting to the evolving needs of the court's jurisdiction. The rules were developed following consultations with relevant stakeholders including the Family Court of Australia, the Attorney General’s Department, and the Family Law Section of the Law Council of Australia. The policy objective behind these amendments was to enhance the efficiency and effectiveness of the court's administration, particularly in relation to family law matters, by delegating certain powers to Registrars and updating terminology to align with contemporary legislative language. The Federal Magistrates, acting on behalf of the Court, adopted these rules to provide necessary modifications and to ensure the smooth functioning of the court's business. The Amendment Rules commenced on 1 March 2008, bringing into effect the specified changes to the Federal Magistrates Court Rules 2001.
Scope and Application
The Federal Magistrates Court Amendment Rules 2008 (No. 1) apply to the Federal Magistrates Court of Australia, its registrars, and to all matters dealt with within the court's jurisdiction. These rules are made under the authority of the Federal Magistrates Act 1999 and provide for amendments to the Federal Magistrates Court Rules 2001. They specifically include the delegation of certain powers under the Family Law Act 1975 to Registrars, including the exercise of powers under subsections 601(9), 60I(10), and 60J. The Amendment Rules also update terminology in the Rules to align with the Family Law Act 1975 and the Federal Magistrates Act 1999, replacing references to 'PDR litigation intervention' with 'Dispute resolution litigation intervention'. These rules commenced on 1 March 2008 and are applicable nationally as they pertain to the practice and procedure of the Federal Magistrates Court. There are no specific exclusions or exemptions stated within the Amendment Rules themselves, although the application may be subject to further modifications or adaptations as provided for in regulations made under section 120 of the Federal Magistrates Act 1999.
Key Provisions
The Federal Magistrates Court Amendment Rules 2008 (No. 1) (hereafter referred to as the Amendment Rules) modify the Federal Magistrates Court Rules 2001 (the Rules) in several significant ways. Firstly, Rule 3 (subparagraphs 20.00A(1)(b)(ii) and (iii)) delegates certain powers under the Family Law Act 1975 to Registrars of the Federal Magistrates Court, including the ability to exercise powers under subsections 601(9), 60I(10), and 60J of that Act (paragraph [1]). This delegation is intended to streamline the handling of family law matters by allowing Registrars to take certain actions that were previously reserved for the Federal Magistrates themselves. Secondly, the terminology in Schedule 1, Part 1, has been updated to align with the Family Law Act 1975 and the Federal Magistrates Act 1999 by replacing 'PDR litigation intervention' with 'Dispute resolution litigation intervention' (paragraph [2]). This change aims to ensure consistency and clarity in the language used across relevant legislation.
The Amendment Rules impose specific obligations and requirements on the parties involved, particularly on the Registrars of the Federal Magistrates Court. The delegation of powers under the Family Law Act 1975 means that Registrars must now handle certain aspects of family law cases independently, which may include making decisions on property settlements, parenting arrangements, and other related matters. This delegation requires Registrars to be well-versed in family law to ensure that decisions are made in accordance with legal standards and principles. Additionally, the updated terminology in Schedule 1, Part 1, requires all parties to use the new term 'Dispute resolution litigation intervention' in all future communications and filings, ensuring consistency and clarity in legal documents and proceedings.
Failure to comply with the provisions of the Amendment Rules may result in various consequences, depending on the nature and severity of the breach. While specific penalties are not detailed in the Explanatory Statement, breaches of court rules can generally lead to civil or criminal consequences, including fines or other sanctions. For instance, if a Registrar improperly exercises delegated powers or fails to adhere to the updated terminology, this could lead to disciplinary action or even legal challenges to decisions made. It is important for all parties involved to be aware of these requirements to avoid any potential repercussions.