Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
Repealed
Text
Details
Authorises
Downloads
All versions
Interactions
Federal Magistrates Act 1999
Citation change
No longer in force
Click for more info
Administered by
Attorney-General's Department
Department of Finance
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
C2004A00582
05 December 1999
-
05 December 1999
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Introduction
1 Short title
2 Commencement
3 Objects
4 Simplified outline
5 Definitions
6 Crown to be bound
7 External Territories
Collapse
Part 2—Federal Magistrates Court
8 Creation of Federal Magistrates Court
9 Personnel provisions relating to Federal Magistrates
Collapse
Part 3—Jurisdiction of the Federal Magistrates Court
10 Jurisdiction
11 Exercise of jurisdiction by single Federal Magistrate
12 Arrangement of business of the Federal Magistrates Court
13 Exercise of jurisdiction in open court and in Chambers
14 Determination of matter completely and finally
15 Making of orders and issue of writs
16 Declarations of right
17 Contempt of court
18 Jurisdiction in associated matters
19 Proceedings not to be instituted in the Federal Magistrates Court if an associated matter is before the Federal Court or the Family Court
20 Appeals
Collapse
Part 4—Primary dispute resolution
Collapse
Division 1—General
21 Primary dispute resolution processes
22 Federal Magistrates Court to consider whether to advise people to use primary dispute resolution processes
23 Federal Magistrates Court to advise people to use primary dispute resolution processes
24 Duty of legal practitioners to consider whether to advise people to use primary dispute resolution processes
25 Duty of officers of the Federal Magistrates Court to advise people about primary dispute resolution processes
26 Conciliation
27 Referral of question of law—primary dispute resolution process (other than arbitration)
28 Rules of Court about primary dispute resolution processes
29 Regulations about primary dispute resolution processes
30 Rules of Court about costs of primary dispute resolution processes
31 Rules of Court about primary dispute resolution processes under the Family Law Act 1975
32 Consent orders
Collapse
Division 2—Proceedings other than family law or child support proceedings
33 Scope of Division
34 Mediation
35 Arbitration
36 Power of arbitrator to refer question of law to the Federal Magistrates Court
37 Review of arbitration award on a question of law etc.
38 Arbitration awards
Collapse
Part 5—Transfer of proceedings to the Federal Court or the Family Court
39 Discretionary transfer of proceedings to the Federal Court or the Family Court
40 Rules of Court about discretionary transfer of proceedings
41 Mandatory transfer of proceedings to the Federal Court or the Family Court
Collapse
Part 6—Practice and procedure
Collapse
Division 1—General
42 Federal Magistrates Court to operate informally
43 Practice and procedure
44 Representation
45 Interrogatories and discovery
Collapse
Division 2—Documents filed with the Federal Magistrates Court
46 Filing of documents in the Federal Magistrates Court
47 Seal of the Federal Magistrates Court
48 Federal Magistrates Court stamps
49 Writs etc.
50 Proceedings may be instituted by application
51 Limits on length of documents
Collapse
Division 3—Conduct of proceedings
52 Venue
53 Determination of proceedings without a jury
54 Decisions without oral hearing
55 Limits on the length of oral argument
56 Written submissions
57 Formal defects not to invalidate
Collapse
Division 4—Evidence
58 Oaths and affirmations
59 Swearing of affidavits etc.
60 Orders and commissions for examination of witnesses
61 Prohibition of publication of evidence etc.
62 Time limits on giving of testimony
63 Federal Magistrates Court may question witnesses
64 Evidence may be given orally or by affidavit
65 Offences by witness
Collapse
Division 5—Use of video links or audio links
66 Testimony by video link or audio link
67 Appearance of persons by video link or audio link
68 Making of submissions by video link or audio link
69 Conditions for use of video links and audio links
70 Putting documents to a person by video link or audio link
71 Administration of oaths and affirmations
72 Expenses
73 New Zealand proceedings
Collapse
Division 6—Orders and judgments
74 Orders
75 Reserved judgments etc.
76 Interest up to judgment
77 Interest on judgment
78 Enforcement of judgment
Collapse
Division 7—Costs
79 Costs
80 Security for costs
Collapse
Division 8—Rules of Court
81 Rules of Court
82 Documents
83 Service
84 Evidence
85 Orders and judgments
86 Costs
87 General
88 Incidental matters
Collapse
Part 7—Management of the Federal Magistrates Court
Collapse
Division 1—Administration of the Federal Magistrates Court
89 Management of administrative affairs of the Federal Magistrates Court
90 Arrangements with other courts
91 Arrangements with agencies or organisations
92 Arrangements for sharing courtrooms and other facilities
93 Advisory committees
Collapse
Division 2—Chief Executive Officer
94 Chief Executive Officer
95 Personnel provisions relating to the Chief Executive Officer
96 Functions of the Chief Executive Officer
97 Staff powers
Collapse
Division 3—Registries
98 Registries
Collapse
Division 4—Other officers and staff
99 Officers of the Federal Magistrates Court
100 Arrangements relating to Commonwealth staff
101 Registrars
102 Registrars’ powers
103 Delegation of powers to Registrars
104 Registrars—additional provisions
105 Registrars—oath or affirmation of office
106 The Sheriff of the Federal Magistrates Court
107 Deputy Sheriffs
108 Authorised persons to assist the Sheriff or Deputy Sheriffs
109 The Marshal of the Federal Magistrates Court
110 Deputy Marshals
111 Authorised persons to assist the Marshal or Deputy Marshals
112 Staff of the Federal Magistrates Court
113 Actions by or against Sheriff or Marshal
114 Receivers
Collapse
Division 5—Miscellaneous administrative matters
115 Engagement of consultants etc.
116 Procedural information to be given to unrepresented parties
117 Annual report
118 Proceedings arising out of administration of the Federal Magistrates Court
Collapse
Part 8—Miscellaneous
119 References in other laws to a Federal Magistrate
120 Regulations
Collapse
Schedule 1—Personnel provisions relating to Federal Magistrates
1 Appointment of Federal Magistrates
2 Style
3 Oath or affirmation of office
4 Outside work
5 Remuneration
6 Leave
7 Resignation from office
8 Other terms and conditions
9 Removal from office
10 Acting Chief Federal Magistrate
11 Remuneration of a Federal Magistrate not to be diminished
Collapse
Schedule 2—Personnel provisions relating to the Chief Executive Officer of the Federal Magistrates Court
1 Appointment of Chief Executive Officer
2 Disclosure of interests
3 Outside employment
4 Remuneration
5 Leave
6 Resignation
7 Termination of appointment
8 Other terms and conditions
9 Acting Chief Executive Officer
