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Federal Circuit Court of Australia Act 1999
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No longer in force
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Department of Finance
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C2020C00044 C37
01 January 2020
-
31 August 2021
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Part 1—Introduction
1 Short title
2 Commencement
3 Objects
4 Simplified outline
5 Definitions
5A Prior judicial service
6 Crown to be bound
7 External Territories
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Part 2—Federal Circuit Court of Australia
8 Federal Circuit Court of Australia
9 Personnel provisions relating to Judges
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Part 3—Jurisdiction of the Federal Circuit Court of Australia
10 Original jurisdiction—general
10AA Original jurisdiction—Commonwealth tenancy disputes
10A General and Fair Work Divisions of the Federal Circuit Court of Australia
11 Exercise of jurisdiction by single Judge
12 Arrangement of business of the Federal Circuit Court of Australia
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
17A Summary judgment
18 Jurisdiction in associated matters
19 Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court
20 Appeals
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Part 4—Dispute resolution for proceedings other than proceedings under the Family Law Act 1975
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Division 1—General
20A This Part does not apply to proceedings under the Family Law Act 1975
21 Dispute resolution processes
22 Federal Circuit Court of Australia to consider whether to advise people to use dispute resolution processes
23 Federal Circuit Court of Australia to advise people to use dispute resolution processes
24 Duty of legal practitioners to consider whether to advise people to use dispute resolution processes
25 Duty of officers of the Federal Circuit Court of Australia to advise people about dispute resolution processes
26 Conciliation
27 Referral of question of law—dispute resolution process (other than arbitration)
28 Rules of Court about dispute resolution processes
29 Regulations about dispute resolution processes
30 Rules of Court about costs of dispute resolution processes
31 Rules of Court about dispute resolution processes under the Family Law Act 1975
32 Consent orders
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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 Circuit Court of Australia
37 Review of arbitration award on a question of law etc.
38 Arbitration awards
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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
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Part 6—Practice and procedure
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Division 1—General
42 Federal Circuit Court of Australia to operate informally
43 Practice and procedure
44 Representation
45 Interrogatories and discovery
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Division 2—Documents filed with the Federal Circuit Court of Australia
46 Filing of documents in the Federal Circuit Court of Australia
47 Seal of the Federal Circuit Court of Australia
48 Federal Circuit Court of Australia stamps
49 Writs etc.
50 Proceedings may be instituted by application
51 Limits on length of documents
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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
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Division 4—Evidence
58 Oaths and affirmations
59 Swearing of affidavits etc.
60 Orders and commissions for examination of witnesses
62 Time limits on giving of testimony
63 Federal Circuit Court of Australia may question witnesses
64 Evidence may be given orally or by affidavit
65 Offences by witness
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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
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Division 6—Orders and judgments
74 Orders
75 Reserved judgments etc.
76 Interest up to judgment
77 Interest on judgment
78 Enforcement of judgment
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Division 7—Costs
79 Costs
80 Security for costs
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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
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Part 6A—Suppression and non-publication orders
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Division 1—Preliminary
88A Definitions
88B Powers of Federal Circuit Court of Australia not affected
88C Other laws not affected
88D This Part does not apply to proceedings under the Family Law Act 1975
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Division 2—Suppression and non-publication orders
88E Safeguarding public interest in open justice
88F Power to make orders
88G Grounds for making an order
88H Procedure for making an order
88J Interim orders
88K Duration of orders
88L Exception for court officials
88M Contravention of order
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Part 6B—Vexatious proceedings
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Division 1—Preliminary
88N Definitions
88P Powers of the Federal Circuit Court of Australia not affected
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Division 2—Vexatious proceedings orders
88Q Making vexatious proceedings orders
88R Notification of vexatious proceedings orders
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Division 3—Particular consequences of vexatious proceedings orders
88S Proceedings in contravention of vexatious proceedings order
88T Application for leave to institute proceedings
88U Dismissing application for leave
88V Granting application for leave
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Part 7—Management of the Federal Circuit Court of Australia
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Division 1—Management responsibilities of the Chief Judge and the Chief Executive Officer
89 Management of administrative affairs of the Federal Circuit Court of Australia
90 Arrangements with other courts
91 Arrangements with agencies or organisations
92 Arrangements for sharing courtrooms and other facilities
93 Advisory committees
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Division 1A—Administration of Federal Circuit Court of Australia’s family services
93A Chief Executive Officer has functions of family consultants
93B Chief Executive Officer may delegate powers and functions that relate to family consultants
93C Chief Executive Officer may give directions that relate to family services functions
93D Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner
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Division 2—Chief Executive Officer
96 Functions of the Chief Executive Officer
96A Establishment and appointment of Chief Executive Officer
96B Remuneration of Chief Executive Officer
96C Terms and conditions of appointment of Chief Executive Officer
96D Leave of absence of Chief Executive Officer
96E Resignation of Chief Executive Officer
96F Outside employment of Chief Executive Officer
96G Termination of appointment of Chief Executive Officer
96H Disclosure of interests by Chief Executive Officer
96J Acting Chief Executive Officer
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Division 3—Registries
98 Registries
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Division 4—Other officers and staff
99 Officers of the Federal Circuit Court of Australia
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 Circuit Court of Australia
107 Deputy Sheriffs
108 Authorised persons to assist the Sheriff or Deputy Sheriffs
109 The Marshal of the Federal Circuit Court of Australia
110 Deputy Marshals
111 Authorised persons to assist the Marshal or Deputy Marshals
111A Family consultants
112 Staff of the Federal Circuit Court of Australia
113 Actions by or against Sheriff or Marshal
113A Making arrests under this Act or warrants
114 Receivers
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Division 5—Miscellaneous administrative matters
116 Procedural information to be given to unrepresented parties
117 Annual report
117A Delegation of the administrative powers of the Chief Judge
118 Proceedings arising out of administrative affairs of the Federal Circuit Court of Australia
118A Protection of persons involved in handling etc. complaints
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Part 8—Miscellaneous
119 References in other laws to a Judge of the Federal Circuit Court of Australia
120 Regulations
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Schedule 1—Personnel provisions relating to Judges
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Part 1—Appointment of Judges
1 Appointment of Judges
1A Assignment of Judges to Divisions
2 Style
3 Oath or affirmation of office
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Part 2—Terms and conditions of Judges
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Division 1—Terms and conditions of serving Judges
4 Outside work
5 Remuneration
6 Leave
7 Resignation from office
8 Other terms and conditions
9 Removal from office
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Division 2—Disability and death benefits
9A Certification of retired disabled Judges
9B Pensions for retired disabled Judges
9C Superannuation for retired disabled Judges
9D Death benefits
9E Relationship definitions
9F Meaning of eligible child
9G Appropriation
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Division 3—Remuneration of a Judge not to be diminished
9H Remuneration of a Judge not to be diminished
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Part 3—Acting Chief Judge
10 Acting Chief Judge
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history