Federal Register of Legislation - Australian Government

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Rules/Court & Tribunal Rules as made
These Rules amend the Federal Circuit Court Rules 2001 to delegate a number of additional powers to Registrars of the Federal Circuit Court, and delegate a number of additional powers to Registrars of the Federal Circuit Court who are also concurrently Registrars of the Family Court of Australia (known in practice as Senior Registrars). The amendments, in conjunction with concurrent amendments to the Family Law Rules 2004, have the effect of harmonising the delegation of powers to family law Registrars in the Family Court of Australia and the Federal Circuit Court.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation Act 2003 s 8(8)(d)
Registered 25 Sep 2020
Tabling HistoryDate
Tabled HR06-Oct-2020
Tabled Senate06-Oct-2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

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.

 

Dated 21 September 2020

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

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Federal Circuit Court Rules 2001                                                                                                      2

 


1  Name

                   These Rules are the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020.

2  Commencement

             (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.

3  Authority

                   These Rules are made under the Federal Circuit Court of Australia Act 1999.

4  Schedules

                   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.

Schedule 1Amendments

  

Federal Circuit Court Rules 2001

1  Rule 13.10

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

section 66M

To make an order determining that it is proper for a step‑parent to have a duty of maintaining a step‑child

15H

section 66P

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:

31AA

subrule 1.05(2) (but only to the extent that it gives the Court the power to apply the Family Law Rules)

To apply the Family Law Rules if in a particular case these Rules are insufficient or inappropriate

31AB

subrule 1.06(1)

To dispense with compliance with these Rules

31AC

rule 1.07

To make an order about procedure

31AD

subrule 2.01(1A)

To make orders in relation to compliance with requirements for documents

31AE

subrule 2.04(1)

To make orders in relation to compliance with forms

31AF

paragraph 2.07(5)(b)

To direct that the original of a document or transmission report be produced

31AG

subrule 2.07B(3)

To direct that the original of an affidavit or a paper copy of a document be produced

31AH

paragraph 2.09(b)

To direct that the seal of the Court be attached to a document

31AI

subrule 2.10(2)

To direct that the stamp of the Court be attached to a document

31AJ

rule 6.04

To exercise discretion in relation to service of a document

31AK

subrule 6.05(1)

To order evidence of service of a document to be given otherwise than by affidavit

31AL

paragraph 6.06(2)(b)

To direct that an application be served other than by hand

31AM

subrule 6.08(1)

To make an order in relation to the requirements for service by hand on a corporation, unincorporated association or organisation

31AN

subrule 6.14(1)

To make an order dispensing with service of a document or substituting another way of serving a document

31AO

subrule 6.14(2)

To specify the steps to be taken for bringing a document to the attention of the person to be served

31AP

subrule 6.14(3)

To specify that a document is to be taken to have been served on the happening of a specified event or at the end of a specified time

31AQ

rule 6.15

To have regard to certain matters when making an order dispensing with service of a document or for substituted service of a document

31AR

rule 6.16

To find that a document is taken to have been served on a date specified in an order for substituted service despite failure to comply with a condition of the order

31AS

rule 6.17

To order that a document may be served more than 12 months after it is filed

31AT

rule 6.19

To make an order permitting an application and any document filed with it to be served otherwise than as provided by rule 6.19

31AU

rule 7.02 (but only to the extent that it gives the Court the power to order a party or another appropriate person to make an amendment)

To order a party or another appropriate person to make an amendment to a document

31AV

rule 8.01

To consider an application to have a proceeding heard in another registry of the Court and to have regard to certain matters when considering the application

31AW

subrule 8.02(1) (but only to the extent that it gives the Court the power to transfer a proceeding to the Family Court)

To transfer a proceeding to the Family Court

31AX

subrules 8.02(2) and (3) (but only in relation to a request for transfer of a proceeding to the Family Court)

To make orders in relation to a request for transfer of a proceeding to the Family Court

31AY

subrule 8.02(4) (but only in relation to a request for transfer of a proceeding to the Family Court)

To have regard to additional factors in deciding whether to transfer a proceeding to the Family Court

31AZ

subrule 9.03(2)

To give leave to a lawyer to file or serve a notice of withdrawal without satisfying the requirement to serve, within the time specified in subrule 9.03(2), a notice of intention to withdraw on the party for whom the lawyer is acting

31BA

paragraph 10.04(b)

To make consent orders where parties resolve the issues between them following a dispute resolution process

31BB

subrule 10.05(1)

To refer a proceeding, a part of a proceeding or a matter arising out of a proceeding, for conciliation

31BC

paragraph 10.05(2)(c)

To appoint a person to hold a conciliation conference

31BD

subrules 11.01(1) and (2)

To make orders in relation to persons who must be included as parties to a proceeding

31BE

subrule 11.02(2)

To give leave to a party to include a person as a party to a proceeding after the first court date

31BF

subrule 11.02(3)

To order a party who has included a person as a party to file and serve on each other party an affidavit setting out the basis on which the person has been included as a party

31BG

subrule 11.03(2)

To make an order that an application to be included as a party to a proceeding be supported otherwise than by an affidavit stating the matters referred to in subrule 11.03(2)

31BH

subrule 11.04(1)

To consider an application by a party to be removed as a party

31BI

rule 11.05

To, at any time, order a party, or a person applying to be included as a party, to give notice to any person of certain matters

31BJ

subrule 11.08(2)

To order that a minor in a proceeding is not taken to need a litigation guardian in relation to the proceeding

31BK

subrule 11.11(1)

To appoint or remove a litigation guardian, or substitute another person as litigation guardian, in a proceeding

31BL

subrule 11.11(3)

To remove a litigation guardian at the request of the litigation guardian

31BM

rule 11.14

To make orders for the payment of the costs and expenses of a litigation guardian

31BN

subrules 12.02(1) and (2)

To refer a party to a lawyer for legal assistance and to take certain matters into account when making such a referral

31BO

subrule 13.02(3)

To stay further proceedings until costs are paid by the party bringing the further proceedings

31BP

subrule 13.04(3) (but only if the order is made with the consent of all the parties to the case)

To make such orders as the Court considers appropriate in the circumstances

31BQ

subrule 13.07(3)

To stay execution on, or other enforcement of, a judgment until determination of a claim

31BR

subrule 13.08(3)

To give directions for the further conduct of a proceeding in relation to any claim or part of a claim not disposed of by judgment or dismissal and not stayed

31BS

rule 13.10

To order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding

31BT

subrules 13.12(1), (2) and (3)

To order that a proceeding, or a part of a proceeding, be dismissed if a party has not taken a step in the proceeding for 6 months, and to give notice to each party of the date and time when the Court will consider whether to make such an order

31BU

rule 14.04

To order a party to produce to the Court a document in the possession, custody or control of the party

31BV

rule 14.05

To inspect a document for the purpose of determining whether a claim for privilege, or an objection, is valid

31BW

rule 14.06

To order a party to file and serve an affidavit regarding the possession, custody or control of a document or class of document by the party

31BX

rule 14.08

To order otherwise than permitting a party who inspects a document under Division 14.2 to make a copy of, or take an extract from, the document

31BY

subrule 15.08(2)

To give a direction in relation to opinion evidence by expert witnesses

31BZ

rule 15.09

To appoint an expert as court expert to inquire into and report on a question arising in a proceeding, and give directions for the purposes of the inquiry or report

31CA

subrule 15.10(3)

To do a thing referred to in subrule 15.10(3) in relation to a report prepared by a court expert

31CB

rule 15.11

To direct otherwise than that the parties are jointly liable to pay the reasonable remuneration and expenses of a court expert for preparing a report

31CC

rule 15.12

To grant leave to a party to adduce evidence of another expert on a question on which a court expert has made a report

31CD

subrule 15A.04(3)

To fix time limits for service of a subpoena otherwise than as required by paragraph 15A.04(3)(a) or (b)

31CE

rule 15A.05

To direct that a party or independent children’s lawyer may request the issue of more than 5 subpoenas in a proceeding

31CF

rule 15A.09

To make an order setting aside all or part of a subpoena

31CG

rule 15A.10

To make an order for the payment of any loss or expense incurred in complying with a subpoena

31CH

rule 15A.11

To make orders with respect to the payment of costs incurred by a person in complying with a subpoena where the person is not a party to the proceedings

31CI

paragraph 15A.12(2)(b)

To permit a person who inspects or copies a document under these Rules to disclose the contents of the document or give a copy of it to another person

31CJ

subrule 21.01(1)

To order the applicant to give the security the Court considers appropriate for the respondent’s costs of the proceeding

31CK

paragraph 21.02(1)(c)

To allow further time for an application for an order for costs to be made

31CL

subrule 21.02(2)

To do a thing referred to in any of paragraphs 21.02(2)(a) to (d) in making an order for costs in a proceeding

31CM

subrule 21.03(1)

To specify the maximum costs that may be recovered on a party and party basis

31CN

subrule 21.03(3)

To vary the maximum costs specified if there are special reasons and it is in the interests of justice to do so

31CO

rule 21.04

If costs of a motion, application or other proceeding are reserved, to order otherwise than that the costs follow the event

31CP

rule 21.08

To order otherwise than that interest is payable on outstanding costs at the rate specified in paragraph 21.08(a) or (b) (as applicable)

31CQ

rule 21.10

To order otherwise than that a party is entitled to costs in accordance with Parts 1 and 2 of Schedule 1 and disbursements properly incurred

31CR

paragraph 21.12(b)

To authorise or approve an amount for attendance by a witness

31CS

paragraph 21.13(b)

To authorise or approve an amount for preparation of a report by an expert

31CT

rule 23.01A

To order that a family report be prepared, make other orders or do any other thing referred to in rule 23.01A

31CU

rule 23.02

To make an order referring any or all of the matters in dispute for family dispute resolution and to do any other thing referred to in paragraphs 23.02(a) to (c)

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

section 111B

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 48Transitional 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).