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Part 1—Introduction

Part 1 Introduction

Division 1 Preliminary

1   Short title

                   This Act is the Federal Circuit and Family Court of Australia Act 2018 .

2   Commencement

             (1)  Each provision of this Act 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.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Sections 3 to 249

1 January 2019.

1 January 2019

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

4   External Territories

                   This Act extends to every external Territory.

Division 2 Objects of this Act

5   Objects of this Act

                   The objects of this Act are:

                     (a)  to ensure that justice is delivered by federal courts effectively and efficiently; and

                     (b)  to provide for just outcomes, in particular, in family law or child support proceedings; and

                     (c)  to provide a framework to facilitate cooperation between the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) with the aim of ensuring:

                              (i)  common rules of court and forms; and

                             (ii)  common practices and procedures; and

                            (iii)  common approaches to case management.

Division 3 Simplified outline of this Act

6   Simplified outline of this Act

                   The following is a simplified outline of this Act:

The federal court known as the Family Court of Australia continues in existence as the Federal Circuit and Family Court of Australia (Division 1). The Court consists of the Chief Justice, the Deputy Chief Justice, Senior Judges and other Judges. The Court has original jurisdiction in family law and child support matters, and has appellate jurisdiction in these matters in relation to appeals from judgments of courts of summary jurisdiction.

The federal court known as the Federal Circuit Court of Australia continues in existence as the Federal Circuit and Family Court of Australia (Division 2). The Court consists of the Chief Judge, the Deputy Chief Judge and other Judges. The Court has original jurisdiction in general federal law matters, as well as family law and child support matters. The Court has appellate jurisdiction in family law and child support matters in relation to appeals from judgments of courts of summary jurisdiction.

All proceedings before the Federal Circuit and Family Court of Australia are subject to case management. The overarching purpose of case management is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible. Judges may be authorised to manage classes of proceedings. The parties and their lawyers are required to cooperate with the Federal Circuit and Family Court of Australia, and among themselves, to assist in achieving the overarching purpose.

The Chief Executive Officer is to assist the Chief Justice and the Chief Judge in managing the administrative affairs of the Federal Circuit and Family Court of Australia.

Registrars and other officers of the Federal Circuit and Family Court of Australia may hold appointments as officers of more than one of the following courts:

       (a)     the Federal Circuit and Family Court of Australia (Division 1);

      (b)     the Federal Circuit and Family Court of Australia (Division 2);

       (c)     the Federal Court.