Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020
We, Judges of the Federal Circuit Court of Australia, make the following Rules of Court.
Chief Judge Alstergren
Judge Altobelli
Judge Andrew
Judge Baird
Judge Bender
Judge Boyle
Judge Brown
Judge Cameron
Judge Demack
Judge Driver
Judge Harland
Judge Howard
Judge Humphreys
Judge Jarrett
Judge A Kelly
Judge Kemp
Judge Kendall
Judge Lapthorn
Judge McGuire
Judge McNab
Judge Mercuri
Judge Middleton
Judge Monahan
Judge Myers
Judge W Neville
Judge Purdon-Sully
Judge Riethmuller
Judge B Smith
Judge Spelleken
Judge Street
Judge Tonkin
Judge Turner
Judge Vasta
Judge Willis
Judge Young
Judges of the Federal Circuit
Court of Australia
Virginia Wilson
Acting Chief Executive Officer and Principal Registrar
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Federal Circuit Court Rules 2001
These Rules are the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020.
(1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of these Rules | The day after these Rules are registered. | 26 September 2020 |
Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.
(2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.
These Rules are made under the Federal Circuit Court of Australia Act 1999.
Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.
Federal Circuit Court Rules 2001
Omit “or a Registrar”.
2 Rule 13.10
Omit “or the Registrar”.
3 Subrule 20.00A(1) (before the table)
Insert:
Note: Subrule (1A) of this rule provides that certain powers mentioned in the table may only be exercised by an approved Registrar who is also a Registrar (other than a Deputy Registrar) of the Family Court.
4 Subrule 20.00A(1) (before table item 1)
Insert:
1AA | section 39 (but only to the extent that it gives the Court the power to transfer proceedings to the Family Court) | To transfer a proceeding to the Family Court |
1AB | subsection 43(2) (but only for a proceeding that is within the power of a Registrar to hear and determine) | To give directions about the practice and procedure to be followed in relation to a proceeding or a part of a proceeding |
1AC | section 51 (but only for a proceeding that is within the power of a Registrar to hear and determine) | To give directions about the length of documents required or permitted to be filed in the Court |
5 Subrule 20.00A(1) (after table item 1)
Insert:
1A | section 55 (but only for a proceeding that is within the power of a Registrar to hear and determine) | To give directions about limiting the time for oral argument in a proceeding |
1B | section 56 (but only for a proceeding that is within the power of a Registrar to hear and determine) | To give directions about the use, or length, of written submissions in a proceeding |
1C | subsection 57(2) | To make an order declaring that a proceeding is not invalid by reason of a formal defect or an irregularity |
1D | section 62 (but only for a proceeding that is within the power of a Registrar to hear and determine) | To give directions about limiting the time for giving testimony in a proceeding |
1E | subsection 64(2) (but only for a proceeding that is within the power of a Registrar to hear and determine) | To give directions that particular testimony is to be given orally or by affidavit |
1F | subsection 66(1) (but only for a proceeding that is within the power of a Registrar to hear and determine) | To direct or allow testimony to be given by video link or audio link |
1G | subsection 67(1) (but only for a proceeding that is within the power of a Registrar to hear and determine) | To direct or allow a person to appear by way of video link or audio link |
1H | subsection 68(1) (but only for a proceeding that is within the power of a Registrar to hear and determine) | To direct or allow a person to make a submission by way of video link or audio link |
1J | section 72 (but only for a proceeding that is within the power of a Registrar to hear and determine) | To make orders for the payment of expenses incurred in connection with giving testimony, appearing, or making submissions, by video link or audio link |
1K | subparagraphs 102(2)(k)(iv) and (l)(i) (except the reference in subparagraph (l)(i) to an order under section 77 or 90SG) | To do the following: (a) make an order under paragraph 70NEB(1)(a) of the Family Law Act; (b) in family law or child support proceedings—make an order under section 66Q or 67E of the Family Law Act |
6 Subrule 20.00A(1) (cell at table item 2, column headed “Legislative provision”)
Repeal the cell, substitute:
subject to items 19D, 19F, 19Q and 19S of this table, subsection 102(2) (except subparagraph (k)(iv) and the reference in subparagraph (l)(i) to an order under section 66Q or 67E) |
7 Subrule 20.00A(1) (table item 2, column headed “Description of power (for information only)”, subparagraph (k)(iv))
Repeal the subparagraph.
8 Subrule 20.00A(1) (table item 2, column headed “Description of power (for information only)”, subparagraph (l)(i))
Omit “66Q, 67E,”.
9 Subrule 20.00A(1) (before table item 3)
Insert:
3AA | section 11F | To order parties to attend, or arrange for a child to attend, an appointment (or a series of appointments) with a family consultant |
3AB | section 11G | To make a further order because of failure to comply with an order under section 11F of the Family Law Act or an instruction given by the family consultant |
10 Subrule 20.00A(1) (after table item 3)
Insert:
3A | section 13C | To order parties to attend family counselling, family dispute resolution and other family services and to make other related orders |
3B | section 13D | To make a further order because of a failure to comply with an order under section 13C of the Family Law Act |
11 Subrule 20.00A(1) (after table item 5)
Insert:
5A | paragraphs 44(3A)(d) and (3B)(d) (but only if all parties consent to leave being granted) | To grant leave for proceedings to be instituted out of time |
5B | subsection 44(6) (but only if all parties consent to leave being granted) | To grant leave to a party to a de facto relationship to make certain applications out of time |
12 Subrule 20.00A(1) (after table item 6)
Insert:
6A | subsection 46(3A) | To order that proceedings be removed from a court of summary jurisdiction to the Court |
13 Subrule 20.00A(1) (after table item 15)
Insert:
15A | section 63H | To make an order in relation to a parenting plan |
15B | section 65D | To make a parenting order (except an excluded child order) |
15C | section 65D (but only if: (a) both of the following apply: (i) the order is made in an undefended case; (ii) the order is to come into effect at least 21 days after the order is served on the non‑appearing party; or (b) the order is made with the consent of all the parties to the case) | To make a parenting order (except an excluded child order) |
15D | paragraph 65G(2)(b) | To make a parenting order by consent in favour of a non‑parent even though the parties have not attended a conference with a family consultant |
15E | section 65L | To make an order requiring family consultants to supervise or assist compliance with a parenting order |
15F | section 66G | To make a child maintenance order |
15G | To make an order determining that it is proper for a step‑parent to have a duty of maintaining a step‑child | |
15H | To make an order referred to in subsection 66P(1) of the Family Law Act | |
15J | section 66Q | To make an urgent child maintenance order, pending the disposal of the proceedings for a child maintenance order |
15K | section 66S | To make an order discharging, suspending, reviving or varying a child maintenance order |
15L | subsection 66W(2) | To discharge or vary a child maintenance order if arrears are due under the order when it ceases to be in force |
15M | section 67D | To make an order in relation to the birth of a child, including for financial assistance |
15N | section 67E | To make an urgent order in relation to the birth of a child, including for financial assistance |
14 Subrule 20.00A(1) (after table item 17)
Insert:
17AA | section 67U | To make a recovery order |
15 Subrule 20.00A(1) (after table item 17A)
17B | section 67ZD | To order a passport or other travel document to be delivered to the court |
17C | subsections 68B(1) and (2) | To make an order or grant an injunction |
16 Subrule 20.00A(1) (after table item 18)
Insert:
18A | subsection 68M(2) | To order a person to make a child available for an examination for the purpose of preparing a report about the child for use by the independent children’s lawyer |
18B | section 69V | To make an order requiring any person to give evidence in relation to the parentage of a child |
18C | section 69VA | To issue a declaration of the parentage of a child |
18D | subsection 69W(1) | To order a parentage testing procedure to be carried out on a person |
18E | section 69X | To make orders associated with a parentage testing order |
18F | subsection 69ZC(2) | To order a person to appear before the court and give evidence in relation to a report of a parentage testing procedure |
17 Subrule 20.00A(1) (after table item 19)
Insert:
19A | subject to item 19B of this table, Division 13A of Part VII except paragraph 70NFB(2)(e) and only if: (a) the order made is an order until further order; or (b) the power is exercised in an undefended case; or (c) the power is exercised with the consent of all the parties to the case | To make orders to enforce compliance with orders under the Family Law Act affecting children, and to do any other thing referred to in Division 13A of Part VII of the Family Law Act |
19B | sections 70NBA and 70NFD (but only if the order to be varied or discharged: (a) was made by a Registrar; or (b) is an order until further order; or (c) was made in an undefended case; or (d) was made with the consent of all the parties to the case) | To vary a parenting order, and to vary or discharge a community service order that was made under paragraph 70NFB(2)(a) of the Family Law Act |
19C | section 74 | To make an order for the maintenance of a party to a marriage |
19D | section 74 (but only if: (a) all of the following apply: (i) the order is an order until further order; (ii) the order is made in an undefended case; (iii) the order is to come into effect at least 21 days after the order is served on the other party; or (b) the order is made with the consent of all the parties to the case) | To make an order for the maintenance of a party to a marriage |
19E | section 77 | To make an urgent order for the maintenance of a party to a marriage, pending the disposal of the proceedings |
19F | section 77 (but only if: (a) both of the following apply: (i) the order is made in an undefended case; (ii) the order is to come into effect at least 21 days after the order is served on the other party; or (b) the order is made with the consent of all the parties to the case) | To make an urgent order for the maintenance of a party to a marriage, pending the disposal of the proceedings |
19G | sections 78, 79 and 79A (but only if: (a) the declaration or order made is a declaration or an order until further order; or (b) the power is exercised in an undefended case) | To make a declaration or order in relation to the property interests of the parties to a marriage, and to do any other thing referred to in section 79 or 79A of the Family Law Act |
19H | sections 78, 79 and 79A (but only if: (a) both of the following apply: (i) the power is exercised in an undefended case; (ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non‑appearing party; or (b) the power is exercised with the consent of all the parties to the case) | To make a declaration or order in relation to the property interests of the parties to a marriage, and to do any other thing referred to in section 79 or 79A of the Family Law Act |
19J | subsection 83(1) | To discharge, suspend, revive or vary a spousal maintenance order |
19K | subsection 83(1) (but only if: (a) all of the following apply: (i) the order to be discharged, suspended, revived or varied is an order until further order; (ii) the order to discharge, suspend, revive or vary is made in an undefended case; (iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non‑appearing party; or (b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the case) | To discharge, suspend, revive or vary a spousal maintenance order |
19L | subsection 87(3) | To approve, or refuse to approve, a maintenance agreement |
19M | subsections 87(8), 90J(3) and 90K(1) (but only if the order is: (a) an order until further order; or (b) made in an undefended case) | To make an order revoking the approval of a maintenance agreement, or after a financial agreement has been terminated, or setting aside a financial agreement or termination agreement |
19N | subsections 87(8), 90J(3) and 90K(1) (but only if: (a) both of the following apply: (i) the order is made in an undefended case; (ii) the order is to come into effect at least 21 days after the order is served on the non‑appearing party; or (b) the order is made with the consent of all the parties to the case) | To make an order revoking the approval of a maintenance agreement, or after a financial agreement has been terminated, or setting aside a financial agreement or termination agreement |
19P | section 90SE | To make an order for the maintenance of a party to a de facto relationship |
19Q | section 90SE (but only if: (a) all of the following apply: (i) the order is an order until further order; (ii) the order is made in an undefended case; (iii) the order is to come into effect at least 21 days after the order is served on the other party; or (b) the order is made with the consent of all the parties to the case) | To make an order for the maintenance of a party to a de facto relationship |
19R | section 90SG | To make an urgent order for the maintenance of a party to a de facto relationship, pending the disposal of the proceedings |
19S | section 90SG (but only if: (a) both of the following apply: (i) the order is made in an undefended case; (ii) the order is to come into effect at least 21 days after the order is served on the other party; or (b) the order is made with the consent of all the parties to the case) | To make an urgent order for the maintenance of a party to a de facto relationship, pending the disposal of the proceedings |
19T | section 90SI | To discharge, suspend, revive or vary an order with respect to the maintenance of a party to a de facto relationship |
19U | section 90SI (but only if: (a) all of the following apply: (i) the order to be discharged, suspended, revived or varied is an order until further order; (ii) the order to discharge, suspend, revive or vary is made in an undefended case; (iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non‑appearing party; or (b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the case) | To discharge, suspend, revive or vary an order with respect to the maintenance of a party to a de facto relationship |
19V | sections 90SL, 90SM and 90SN and subsections 90UL(3) and 90UM(1) (but only if: (a) the declaration or order is a declaration or an order until further order; or (b) the power is exercised in an undefended case) | To make a declaration or order, and to do any other thing referred to in sections 90SM and 90SN of the Family Law Act, in relation to the property interests of the parties to a de facto relationship and to make an order after a financial agreement has been terminated or setting aside a financial agreement or termination agreement |
19W | sections 90SL, 90SM and 90SN and subsections 90UL(3) and 90UM(1) (but only if: (a) both of the following apply: (i) the power is exercised in an undefended case; (ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non‑appearing party; or (b) the power is exercised with the consent of all the parties to the case) | To make a declaration or order, and to do any other thing referred to in sections 90SM and 90SN of the Family Law Act, in relation to the property interests of the parties to a de facto relationship and to make an order after a financial agreement has been terminated or setting aside a financial agreement or termination agreement |
18 Subrule 20.00A(1) (table item 22, column headed “Legislative provision”)
Omit “subsection 92(1)”, substitute “subsections 92(1) and (2)”.
19 Subrule 20.00A(1) (after table item 25)
Insert:
25A | section 100B | To make an order allowing a child to swear an affidavit or be called as a witness in, or be present during, proceedings |
20 Subrule 20.00A(1) (after table item 26)
Insert:
26A | subsection 102A(3) | To give leave for a child to be examined |
21 Subrule 20.00A(1) (after table item 27)
Insert:
27A | subject to item 27B of this table, Part XIIIA (except paragraph 112AD(2)(d) and only if: (a) the order is an order until further order; or (b) the power is exercised in an undefended case; or (c) the power is exercised with the consent of all the parties to the case) | To make orders in relation to imposing sanctions for failure to comply with orders, and other obligations, that do not affect children |
27B | subsection 112AK(1) (but only if the order to be varied or discharged: (a) was made by a Registrar; or (b) is an order until further order; or (c) was made in an undefended case; or (d) was made with the consent of all the parties to the case) | To vary or discharge an order made under section 112AD of the Family Law Act in respect of a contravention of an order |
22 Subrule 20.00A(1) (after table item 28)
Insert:
28A | subsection 117(2) (but only for a proceeding that is within the power of a Registrar to hear and determine) | To make an order for costs or security for costs |
23 Subrule 20.00A(1) (after table item 30)
Insert:
30A | paragraph 6(1)(a) | To relieve a party from the consequences of non‑compliance with the Family Law Regulations, a rule of practice or procedure or an order made by a registrar |
30B | subregulation 23(6) | To register an overseas child order |
30C | subregulation 67Q(4) | To register an award made in an arbitration |
24 Subrule 20.00A(1) (before table item 31)
Insert:
25 Subrule 20.00A(1) (cell at table item 31, column headed “Legislative provision”)
Repeal the cell, substitute:
Division 25B.2 |
26 Subrule 20.00A(1) (after table item 31)
Insert:
31A | Division 25B.4 | To make orders in relation to warrants for arrest and to do any other thing referred to in Division 25B.4 |
27 Subrule 20.00A(1) (after table item 55)
Insert:
| Assessment Act |
|
55A | Divisions 4 and 5 of Part 7 | To make orders in relation to the provision of child support in certain circumstances |
55B | Divisions 4 and 5 of Part 7 (but only if the order is: (a) made in an undefended case; or (b) made with the consent of all the parties to the case) | To make orders in relation to the provision of child support in certain circumstances |
55C | section 139 | To order payment of maintenance if a child is in urgent need of financial assistance |
55D | section 139 (but only if the order: (a) is made in an undefended case; or (b) is made with the consent of all the parties to the case) | To order payment of maintenance if a child is in urgent need of financial assistance |
28 Subrule 20.00A(1) (before table item 56)
Insert:
56AA | subsection 105(2) | To give directions and make orders to resolve a difficulty arising in the application of subsection 105(1) of the Registration Act in or in relation to a particular proceeding |
56AB | To do a thing referred to in subsection 111B(1) of the Registration Act |
29 After subrule 20.00A(1)
Insert:
(1A) The powers of the Court mentioned in the following items of the table may only be exercised by an approved Registrar who is also a Registrar (other than a Deputy Registrar) of the Family Court:
(a) item 1K;
(b) item 6A;
(c) items 15A, 15B and 15E to 15N;
(d) items 17AA, 17B and 17C;
(e) items 18B to 18F;
(f) items 19A to 19C, 19E, 19G, 19J, 19L, 19M, 19P, 19R, 19T and 19V;
(g) item 25A;
(h) item 26A;
(i) items 27A and 27B;
(j) item 28;
(k) items 55A and 55C.
30 After subrule 20.00A(2)
Insert:
(2A) The powers of the Court mentioned in item 31A of the table may only be exercised by:
(a) an approved Registrar who is also a Registrar (other than a Deputy Registrar) of the Family Court; or
(b) an approved Registrar when dealing with a case in relation to which a Registrar who is also a Deputy Registrar of the Family Court has, or has been delegated, the power to exercise the Court’s jurisdiction.
31 Paragraph 20.01(1)(a)
Omit “3 to 30”, substitute “3AA to 30C”.
32 Paragraph 20.01(1)(a)
Omit “28 days”, substitute “21 days”.
33 In the appropriate position in Chapter 9
Insert:
Part 48—Transitional provisions relating to the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020
48.01 Application—powers delegated to Registrars
Rules 20.00A and 20.01, as amended by Schedule 1 to the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020 (the amending Rules), apply in relation to the exercise of a power on or after the commencement of the amending Rules (whether or not the exercise of the power relates to a proceeding instituted before, on or after that commencement).