Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 1—Amendments relating to the Federal Circuit and Family Court of Australia

Schedule 1 Amendments relating to the Federal Circuit and Family Court of Australia

Part 1 Amendments

Family Law Act 1975

1  Subsection 4(1)

Omit “, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears”, substitute “and the applicable Rules of Court”.

2  Subsection 4(1)

Repeal the following definitions:

                     (a)  definition of administrative affairs ;

                     (b)  definition of appeal ;

                     (c)  definition of Appeal Division .

3  Subsection 4(1) (definition of applicable Rules of Court )

Repeal the definition, substitute:

applicable Rules of Court :

                     (a)  in relation to the Family Law Appeal Division of the Federal Court of Australia—means the Federal Court Rules; and

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 1)—means the Federal Circuit and Family Court of Australia (Division 1) Rules; and

                     (c)  in relation to the Federal Circuit and Family Court of Australia (Division 2)—means the related Federal Circuit and Family Court of Australia (Division 2) Rules; and

                     (d)  in relation to any other court—means the standard Rules of Court.

4  Subsection 4(1) (definition of Chief Executive Officer )

Repeal the definition, substitute:

Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Court of Australia.

5  Subsection 4(1)

Repeal the following definitions:

                     (a)  definition of Chief Justice ;

                     (b)  definition of complaint ;

                     (c)  definition of complaint handler ;

                     (d)  definition of corporate services .

6  Subsection 4(1) (at the end of the definition of court )

Add “, the Federal Court of Australia Act 1976 , the Federal Circuit and Family Court of Australia Act 2018 , the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 ”.

7  Subsection 4(1) (definition of Deputy Chief Justice )

Repeal the definition.

8  Subsection 4(1)

Insert:

Federal Circuit and Family Court of Australia means:

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

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

Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2018 .

9  Subsection 4(1)

Repeal the following definitions:

                     (a)  definition of Federal Circuit Court ;

                     (b)  definition of Federal Circuit Court Chief Executive Officer .

10  Subsection 4(1)

Insert:

Federal Court Rules means the Rules of Court made under the Federal Court of Australia Act 1976 to the extent that those Rules relate to the exercise of the Federal Court of Australia’s jurisdiction in the Family Law Appeal Division.

11  Subsection 4(1)

Repeal the following definitions:

                     (a)  definition of Full Court ;

                     (b)  definition of General Division ;

                     (c)  definition of handle .

12  Subsection 4(1) (definition of Registrar )

Repeal the definition, substitute:

Registrar means:

                     (a)  in relation to the Federal Circuit and Family Court of Australia (Division 1)—a Registrar of the Court; or

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 2)—a Registrar of the Court; or

                     (c)  in relation to any other court—the principal legal officer of the court or any other appropriate officer of the court.

13  Subsection 4(1) (definition of Registry Manager )

Repeal the definition, substitute:

Registry Manager :

                     (a)  in relation to the Federal Circuit and Family Court of Australia (Division 1), means a Registry Manager of the Court; and

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 2), means a Registry Manager of the Court; and

                     (c)  in relation to any other court, means the principal officer of the court or any other appropriate officer or staff member of the court.

14  Subsection 4(1)

Insert:

related Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2018 to the extent to which they relate to this Act.

15  Subsection 4(1)

Repeal the following definitions:

                     (a)  definition of related Federal Circuit Court Rules ;

                     (b)  definition of relevant belief ;

                     (c)  definition of split court .

16  Subsection 4(1) (definition of warrant issued under a provision of this Act )

Omit “standard Rules of Court or the related Federal Circuit Court Rules”, substitute “applicable Rules of Court”.

17  Subsection 4(1A)

Repeal the subsection, substitute:

          (1A)  In this Act and the applicable Rules of Court, a reference to a Family Court of a State is a reference to a court to which section 41 applies.

18  Subsections 4(2) and (2A)

Omit “, the standard Rules of Court or the related Federal Circuit Court Rules”, substitute “or the applicable Rules of Court”.

19  Subsection 4(3)

Repeal the subsection, substitute:

             (3)  To avoid doubt, for all purposes:

                     (a)  jurisdiction under a provision of the Federal Court of Australia Act 1976 or the Federal Circuit and Family Court of Australia Act 2018 referring to this Act is taken to be jurisdiction under this Act; and

                     (b)  jurisdiction under section 101 of the Child Support (Assessment) Act 1989 and under section 106 of the Child Support (Registration and Collection) Act 1988 is taken to be jurisdiction under this Act; and

                     (c)  jurisdiction under the applicable Rules of Court is taken to be jurisdiction under this Act; and

                     (d)  proceedings under the applicable Rules of Court are taken to be proceedings under this Act; and

                     (e)  an order (however described) made by a court under the applicable Rules of Court is taken to be an order made by the court under this Act.

20  Subsection 8(1)

Repeal the subsection, substitute:

             (1)  After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act.

21  Section 9

Repeal the section.

22  Paragraphs 10C(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  a person who is authorised to act under section 247 of the Federal Circuit and Family Court of Australia Act 2018 as a family counsellor; or

23  Paragraphs 10G(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  a person who is authorised to act under section 247 of the Federal Circuit and Family Court of Australia Act 2018 as a family dispute resolution practitioner; or

24  Section 10P

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia (Division 1)”.

25  Section 11B (note)

Omit “See Division 1A of Part IVA of this Act”, substitute “See Part 1 of Chapter 5 of the Federal Circuit and Family Court of Australia Act 2018 ”.

26  Subsection 11C(1) (note 1)

Omit “subsection 38BD(3)”, substitute “subsection 247(3) of the Federal Circuit and Family Court of Australia Act 2018 ”.

27  Section 11D

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia (Division 1)”.

28  Subparagraphs 11E(1)(e)(i) and (ia)

Repeal the subparagraphs, substitute:

                              (i)  if the court is the Federal Circuit and Family Court of Australia—a family consultant nominated by the Chief Executive Officer; or

29  Subparagraph 11E(1)(e)(iii)

Omit “, (ia)”.

30  Section 13G (heading)

Omit “ Family Court and Federal Circuit Court ”, substitute “ Federal Circuit and Family Court of Australia ”.

31  Paragraphs 13G(1)(a), (b) and (c)

Repeal the paragraphs, substitute:

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

                     (b)  a single judge of the Family Court of a State.

32  Subsection 13G(3)

Omit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.

33  Section 13J (heading)

Omit “ Family Court or Federal Circuit Court ”, substitute “ Federal Circuit and Family Court of Australia ”.

34  Paragraphs 13J(1)(a), (b) and (c)

Repeal the paragraphs, substitute:

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

                     (b)  a single judge of the Family Court of a State.

35  Subsection 13J(2)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia”.

36  Section 13K (heading)

Omit “ Family Court and Federal Circuit Court ”, substitute “ Federal Circuit and Family Court of Australia ”.

37  Paragraphs 13K(1)(a) and (b)

Repeal the paragraphs, substitute:

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

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

38  Parts IV and IVA

Repeal the Parts.

39  Paragraph 39(1)(a)

Repeal the paragraph, substitute:

                     (a)  in the Federal Circuit and Family Court of Australia; or

40  Subsection 39(1A)

Repeal the subsection.

41  Subsection 39(5)

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia”.

42  Paragraph 39(5)(b)

Repeal the paragraph.

43  Paragraph 39(5)(d)

Repeal the paragraph, substitute:

                     (d)  proceedings are instituted under:

                              (i)  regulations made for the purposes of section 109, 110, 111, 111A or 111B; or

                             (ii)  regulations made for the purposes of paragraph 125(1)(f) or (g); or

                            (iii)  provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or

44  Subsections 39(5AA) and (5A)

Repeal the subsections.

45  Paragraph 39(6)(b)

Repeal the paragraph.

46  Paragraph 39(6)(d)

Repeal the paragraph, substitute:

                     (d)  proceedings are instituted under:

                              (i)  regulations made for the purposes of section 109, 110, 111, 111A or 111B; or

                             (ii)  regulations made for the purposes of paragraph 125(1)(f) or (g); or

                            (iii)  provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or

47  At the end of subsection 39(9)

Add “or the Federal Circuit and Family Court of Australia Act 2018 ”.

48  Paragraphs 39A(1)(a) and (b)

Repeal the paragraphs, substitute:

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

49  Paragraphs 39B(1)(a) and (b)

Repeal the paragraphs, substitute:

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

50  Subsection 39B(1) (notes 1 and 2)

Repeal the notes, substitute:

Note 1:       The exercise of this jurisdiction by the Federal Circuit and Family Court of Australia is subject to section 40.

51  Section 39G

Repeal the section, substitute:

39G   Jurisdiction in relation to transferred matters under other Commonwealth laws

                   If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act or the Federal Circuit and Family Court of Australia Act 2018 to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter.

52  Section 40 (heading)

Omit “ Family Court ”, substitute “ Federal Circuit and Family Court of Australia ”.

53  Subsection 40(1)

Omit “Family Court under this Act”, substitute “Federal Circuit and Family Court of Australia under this Act or the Federal Circuit and Family Court of Australia Act 2018 ”.

54  Subsection 40(6)

Omit all the words after “have been instituted in”, substitute:

                   the Federal Circuit and Family Court of Australia, may apply to:

                     (a)  the Federal Circuit and Family Court of Australia (Division 1) for an order transferring the proceedings to the Court, and the Court may order accordingly; or

                     (b)  the Federal Circuit and Family Court of Australia (Division 2) for an order transferring the proceedings to the Court, and the Court may order accordingly.

55  Subsection 40(7)

Omit “standard Rules of Court”, substitute “Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules”.

56  Section 40A

Repeal the section.

57  Subsection 41(3)

Omit “, 46, 94 and 96”, substitute “, 46, 47A and 47B of this Act and subsection 24(2) of the Federal Court of Australia Act 1976 ”.

58  Subsection 41(5)

Omit “standard Rules of Court”, substitute “applicable Rules of Court”.

59  Subsection 43(1)

Omit “The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall”, substitute “A court exercising jurisdiction under this Act must”.

60  Subparagraph 44(1B)(a)(ii)

Omit “Family Court, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.

61  Subparagraph 44(1B)(a)(iii)

Omit “Family Court, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.

62  Subsection 45(1)

Omit “or are being continued in accordance with any of the provisions of section 9 and it appears to that court that other proceedings that have been so instituted or are being so continued”, substitute “and it appears to that court that other proceedings that have been so instituted”.

63  Subsection 45(2)

Omit “or are being continued in accordance with any of the provisions of section 9”.

64  Paragraphs 45(2)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the first-mentioned court is the Federal Circuit and Family Court of Australia (Division 1) and the other court is the Federal Circuit and Family Court of Australia (Division 2); or

                     (b)  the first-mentioned court is the Federal Circuit and Family Court of Australia (Division 2) and the other court is the Federal Circuit and Family Court of Australia (Division 1).

65  Subsection 45(2) (notes 1 and 2)

Repeal the notes, substitute:

Note 1:       For transfers from the Federal Circuit and Family Court of Australia (Division 1) to the Federal Circuit and Family Court of Australia (Division 2), see section 34 of the Federal Circuit and Family Court of Australia Act 2018 .

Note 2:       For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1), see section 117 of the Federal Circuit and Family Court of Australia Act 2018 .

66  Subparagraphs 46(1)(a)(i) to (iii)

Repeal the subparagraphs, substitute:

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

                             (ii)  a Family Court of a State; or

                            (iii)  the Supreme Court of a State or Territory; and

67  Subparagraphs 46(1)(b)(i) to (iii)

Repeal the subparagraphs, substitute:

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

                             (ii)  a Family Court of a State; or

                            (iii)  the Supreme Court of a State or Territory.

68  Paragraphs 46(1C)(a) to (c)

Repeal the paragraphs, substitute:

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

                     (b)  a Family Court of a State; or

                     (c)  the Supreme Court of a State or Territory.

69  Paragraphs 46(2A)(c) to (e)

Repeal the paragraphs, substitute:

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

                     (d)  a Family Court of a State; or

                     (e)  the Supreme Court of a State or Territory.

70  Subsection 46(3A)

Omit “, or continued under section 9,”.

71  Paragraphs 46(3A)(a) to (c)

Repeal the paragraphs, substitute:

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

                     (b)  a Family Court of a State;

                     (c)  the Supreme Court of a State or Territory;

72  At the end of Part V

Add:

Division 4 Appeals

47A   Appeals from courts of summary jurisdiction

             (1)  Subject to section 47B, an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:

                     (a)  this Act; or

                     (b)  the Child Support (Assessment) Act 1989 ; or

                     (c)  the Child Support (Registration and Collection) Act 1988 ;

to:

                     (d)  the Federal Circuit and Family Court of Australia; or

                     (e)  the Supreme Court of that State or Territory.

             (2)  An appeal under subsection (1) must be instituted within:

                     (a)  in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 1):

                              (i)  the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or

                             (ii)  such further time as is allowed in accordance with the Federal Circuit and Family Court (Division 1) Rules; and

                     (b)  in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 2):

                              (i)  the time prescribed by the related Federal Circuit and Family Court (Division 2) Rules; or

                             (ii)  such further time as is allowed in accordance with the related Federal Circuit and Family Court (Division 2) Rules; and

                     (c)  in any other case:

                              (i)  the time prescribed by the standard Rules of Court; or

                             (ii)  such further time as is allowed in accordance with the standard Rules of Court.

             (3)  The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act, in respect of which appeals are instituted under this section.

Note:          For jurisdiction in relation to child support legislation, see section 101 of the Child Support (Assessment) Act 1989 and section 106 of the Child Support (Registration and Collection) Act 1988 .

             (4)  The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes.

             (5)  The court hearing an appeal under this section:

                     (a)  must proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and

                     (b)  must have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which may be given:

                              (i)  by affidavit; or

                             (ii)  by oral examination before the court; or

                            (iii)  as provided for in Division 2 of Part XI; and

                     (c)  may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.

47B   Leave to appeal needed for child support matters

             (1)  Leave of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:

                     (a)  the Child Support (Assessment) Act 1989 ; or

                     (b)  the Child Support (Registration and Collection) Act 1988 .

             (2)  Leave of the Federal Circuit and Family Court of Australia (Division 2) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:

                     (a)  the Child Support (Assessment) Act 1989 ; or

                     (b)  the Child Support (Registration and Collection) Act 1988 .

             (3)  Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under:

                     (a)  the Child Support (Assessment) Act 1989 ; or

                     (b)  the Child Support (Registration and Collection) Act 1988 .

             (4)  An application for leave to appeal must be made within:

                     (a)  in the case of leave of the Federal Circuit and Family Court of Australia (Division 1):

                              (i)  the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or

                             (ii)  such further time as is allowed in accordance with the Federal Circuit and Family Court (Division 1) Rules; and

                     (b)  in the case of leave of the Federal Circuit and Family Court of Australia (Division 2):

                              (i)  the time prescribed by the related Federal Circuit and Family Court (Division 2) Rules; or

                             (ii)  such further time as is allowed in accordance with the related Federal Circuit and Family Court (Division 2) Rules; and

                     (c)  in any other case:

                              (i)  the time prescribed by the standard Rules of Court; or

                             (ii)  such further time as is allowed in accordance with the standard Rules of Court.

             (5)  The applicable Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

47C   Appeal may be dismissed if no reasonable prospect of success

             (1)  If:

                     (a)  an appeal has been instituted in a court under this Division; and

                     (b)  it appears to the court that the appeal has no reasonable prospect of success;

the court may, at any time, order that the proceedings on the appeal be dismissed.

             (2)  This section does not limit any powers that the court has apart from this section.

47D   Appeals to High Court may not be brought

             (1)  An appeal must not be brought directly to the High Court from a decree of the following courts exercising jurisdiction under this Act:

                     (a)  a court of summary jurisdiction of a State or Territory;

                     (b)  a Family Court of a State;

                     (c)  a Supreme Court of a State or Territory constituted by a single Judge.

Note:          In relation to the Federal Circuit and Family Court of Australia, see sections 37 and 122 of the Federal Circuit and Family Court of Australia Act 2018 .

             (2)  If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were inserted after the words “this Act” in subsection (1).

47E   Regulations to be sole source of certain appellate jurisdiction

                   Despite the provisions of this Division, a court has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C of the Family Law Act 1975 only as provided by those regulations.

73  Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal )

Repeal the paragraphs, substitute:

                     (d)  a review by the Federal Circuit and Family Court of Australia (Division 1) of the making, by the Chief Executive Officer, or a Registrar or Deputy Registrar of that Court, of:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                            (iii)  an order determining an application under section 57 or 58 for rescission of the divorce order; or

                     (e)  a review by the Federal Circuit and Family Court of Australia (Division 2) of the making, by the Chief Executive Officer, or a Registrar of that Court, of:

                              (i)  the divorce order; or

                             (ii)  an order under section 55A in relation to the proceedings in which the divorce order was made; or

                            (iii)  an order determining an application under section 57 or 58 for rescission of the divorce order; or

74  Subsection 56(2)

Omit all the words after “certificate”, substitute:

                   that certifies that the divorce order has taken effect and is signed by:

                     (a)  if the court is the Federal Circuit and Family Court of Australia (Division 1)—the Chief Executive Officer, or a Registrar or Deputy Registrar of the Court; or

                     (b)  if the court is the Federal Circuit and Family Court of Australia (Division 2)—the Chief Executive Officer, or a Registrar of the Court; or

                     (c)  in relation to any other court—the Registrar of that court.

75  At the end of Part VI

Add:

60   No appeal after divorce order takes effect

                   An appeal does not lie from a divorce order after the order takes effect.

76  Subsection 60F(5) (definition of this Act )

Repeal the definition, substitute:

this Act includes the applicable Rules of Court.

77  Section 60G (heading)

Omit “ Family Court may grant leave ”, substitute “ Leave may be granted ”.

78  Subsection 60G(1)

Omit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia”.

79  Subsection 60H(6) (definition of this Act )

Repeal the definition, substitute:

this Act includes the applicable Rules of Court.

80  Subsection 60HA(4) (definition of this Act )

Repeal the definition, substitute:

this Act includes the applicable Rules of Court.

81  Subsection 60HB(2) (definition of this Act )

Repeal the definition, substitute:

this Act includes the applicable Rules of Court.

82  Subsections 60I(2) to (5)

Repeal the subsections.

83  Subsection 60I(6) (heading)

Repeal the heading, substitute:

Applications for a Part VII order

84  Paragraph 60J(1)(a)

Omit “subsections 60I(5) and (6)”, substitute “subsection 60I(6)”.

85  Subsection 64B(9) (definition of this Act )

Repeal the definition, substitute:

this Act includes the applicable Rules of Court.

86  Subsection 65D(3) (note)

Repeal the note, substitute:

Note 1:       The applicant may apply to the Federal Circuit and Family Court of Australia (Division 1) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 2): see section 34 of the Federal Circuit and Family Court of Australia Act 2018 .

Note 2:       The applicant may apply to the Federal Circuit and Family Court of Australia (Division 2) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 1): see section 117 of the Federal Circuit and Family Court of Australia Act 2018 .

87  Subsection 67Z(2)

Omit “the prescribed form”, substitute “an approved form”.

88  Subsection 67Z(4)

Insert:

approved form means a form approved for the purposes of this section under the applicable Rules of Court.

89  Subsection 67Z(4)

Repeal the following definitions:

                     (a)  definition of prescribed form ;

                     (b)  definition of Registry Manager .

90  Paragraph 67ZA(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Chief Executive Officer; or

                    (aa)  a Registrar or Deputy Registrar of the Federal Circuit and Family Court of Australia (Division 1); or

                   (ab)  a Registrar of the Federal Circuit and Family Court of Australia (Division 2); or

91  Paragraph 67ZA(1)(c)

Repeal the paragraph.

92  Subsection 67ZBA(2)

Omit “the prescribed form”, substitute “an approved form”.

93  Subsection 67ZBA(4)

Insert:

approved form means a form approved for the purposes of this section under the applicable Rules of Court.

94  Subsection 67ZBA(4)

Repeal the following definitions:

                     (a)  definition of prescribed form ;

                     (b)  definition of Registry Manager .

95  Paragraph 68P(3)(d)

Repeal the paragraph, substitute:

                     (d)  if the court that last made or varied the family violence order was:

                              (i)  the Federal Circuit and Family Court of Australia (Division 1)—the Chief Executive Officer, or a Registrar or Deputy Registrar of the Court; or

                             (ii)  the Federal Circuit and Family Court of Australia (Division 2)—the Chief Executive Officer, or a Registrar of the Court; or

                            (iii)  a court other than one mentioned in subparagraph (i) or (ii)—the Registrar, Principal Officer or other appropriate officer of the court that last made or varied the family violence order; and

96  Section 69H (heading)

Repeal the heading, substitute:

69H   Jurisdiction of Federal Court of Australia, Federal Circuit and Family Court of Australia, State Family Courts and Northern Territory Supreme Court

97  Subsection 69H(1)

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia”.

98  After subsection 69H(1)

Insert:

          (1A)  Jurisdiction is conferred on the Federal Court of Australia in relation to matters arising under this Part, and is to be exercised in the Family Law Appeal Division of the Court.

99  Subsection 69H(4)

Repeal the subsection.

100  Paragraphs 69N(2)(a) to (d) and (3)(a) to (d)

Repeal the paragraphs, substitute:

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

                     (b)  the Family Court of a State; or

                     (c)  the Supreme Court of the Northern Territory.

101  Subparagraphs 69N(5)(b)(i) to (iv)

Repeal the subparagraphs, substitute:

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

                             (ii)  the Family Court of a State; or

                            (iii)  the Supreme Court of the Northern Territory.

102  Paragraphs 69N(6)(a) to (d)

Repeal the paragraphs, substitute:

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

                     (b)  the Family Court of a State; or

                     (c)  the Supreme Court of the Northern Territory.

103  Section 69ZO

Repeal the section, substitute:

69ZO   This Division also applies to proceedings in Chambers

                   The following persons, when hearing child-related proceedings in Chambers, have all of the duties and powers that a court has under this Division:

                     (a)  in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Registrar or Deputy Registrar of the Court;

                     (b)  in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Registrar of the Court;

                     (c)  in any other case—a Judge, Registrar or magistrate.

Note:          An order made in Chambers has the same effect as an order made in open court.

104  Subsection 69ZR(3)

Omit “a judge, Judicial Registrar, Registrar or magistrate”, substitute “a person”.

105  Section 70M (heading)

Omit “ Registrar ”, substitute “ Registry Manager ”.

106  Paragraph 70NFD(a)

Omit “Family Court or the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2)”.

107  Paragraph 70NFD(b)

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia”.

108  Subsection 79(9)

Omit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia (Division 1)”.

109  Paragraph 79(9)(a)

Repeal the paragraph, substitute:

                     (a)  the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate:

                              (i)  in the case of the Federal Circuit and Family Court of Australia (Division 1)—with the Chief Executive Officer, or a Registrar or Deputy Registrar of the Court; or

                             (ii)  in the case of the Family Court of that State—with a Registrar or Deputy Registrar of that Family Court; or

110  Paragraph 79H(3)(c)

Omit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

111  Subsection 90SM(9)

Omit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia (Division 1)”.

112  Paragraph 90SM(9)(a)

Repeal the paragraph, substitute:

                     (a)  the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with the Chief Executive Officer, or a Registrar or Deputy Registrar of the Federal Circuit and Family Court of Australia (Division 1); or

113  Paragraph 90SQ(3)(c)

Omit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

114  Part X

Repeal the Part.

115  Subsection 97(1)

Omit “Family Court, in the Federal Circuit Court of Australia,”, substitute “Federal Circuit and Family Court of Australia”.

116  Subsection 97(1A)

Omit all the words after “heard”, substitute:

                   by:

                     (a)  in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Registrar or Deputy Registrar of the Court, sitting in Chambers; and

                     (b)  in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Registrar of the Court, sitting in Chambers; and

                     (c)  in any other case—a Judge, Registrar or magistrate sitting in Chambers.

117  Subsection 97(2)

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia (Division 1)”.

118  Subsection 98(1)

Omit “(1)”.

119  Subsection 98(1)

Omit “standard Rules of Court”, substitute “applicable Rules of Court”.

120  Subsection 98(2)

Repeal the subsection (including the note).

121  Sections 98AA and 98AB

Repeal the sections.

122  Subsection 100B(2)

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia (Division 1)”.

123  Subsection 102F(7) (definition of courtroom )

Repeal the definition, substitute:

courtroom , in relation to a Judge or a court, means the courtroom or other place where the Judge or court is sitting.

124  Subsection 102G(2)

Omit “(that is not a split court)”.

125  Subsection 102G(3)

Repeal the subsection.

126  Section 102H

Repeal the section.

127  Subsection 102J(1)

Omit “(1)”.

128  Subsection 102J(2)

Repeal the subsection.

129  Paragraph 102K(1)(c)

Omit “Division; or”, substitute “Division.”.

130  Paragraph 102K(1)(d)

Repeal the paragraph.

131  Division 3 of Part XI

Repeal the Division.

132  Subsection 102Q(1) (paragraphs (a) and (b) of the definition of appropriate court official )

Repeal the paragraphs, substitute:

                     (a)  in relation to the Federal Circuit and Family Court of Australia—the Chief Executive Officer; and

133  Subsection 105(1) (note)

Repeal the note.

134  Subsection 109A(1)

Omit “the Judges, or a majority of them,”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

135  Subsection 109A(5) (note)

Repeal the note.

136  After section 109A

Insert:

109AA   Rules of Court relating to enforcement—Family Law Appeal Division of the Federal Court of Australia

             (1)  Section 109A applies to the making of Rules of Court under section 59 of the Federal Court of Australia Act 1976 , to the extent that those Rules apply to the exercise of the Federal Court of Australia’s jurisdiction in the Family Law Appeal Division, in a corresponding way to the way in which it applies to the making of Rules of Court under section 123 of this Act.

             (2)  For the purposes of the application of section 109A in accordance with subsection (1):

                     (a)  the reference in subsection 109A(1) to the court is to be read as a reference to the Federal Court of Australia; and

                     (b)  each reference in subsection 109A(2) to a court is to be read as a reference to the Federal Court of Australia; and

                     (c)  each reference in subsection 109A(2) to a Registrar is to be read as a reference to a Registrar of the Federal Court of Australia.

             (3)  Section 109A has no effect in relation to the Federal Court of Australia except as provided by subsections (1) and (2) of this section.

109AB   Rules of Court relating to enforcement—Federal Circuit and Family Court of Australia (Division 1)

             (1)  Section 109A applies to the making of Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2018 in a corresponding way to the way in which it applies to the making of Rules of Court under section 123 of this Act.

             (2)  For the purposes of the application of section 109A in accordance with subsection (1):

                     (a)  the reference in subsection 109A(1) to the court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and

                     (b)  each reference in subsection 109A(2) to a court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and

                     (c)  each reference in subsection 109A(2) to a Registrar is to be read as a reference to the Chief Executive Officer, or a Registrar or Deputy Registrar of the Federal Circuit and Family Court of Australia (Division 1).

             (3)  Section 109A has no effect in relation to the Federal Circuit and Family Court of Australia (Division 1) except as provided by subsections (1) and (2) of this section.

137  Section 109B (heading)

Omit “ Federal Circuit Court ”, substitute “ Federal Circuit and Family Court of Australia (Division 2) ”.

138  Subsection 109B(1)

Omit “section 81 of the Federal Circuit Court of Australia Act 1999 ”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2018 ”.

139  Paragraphs 109B(2)(a) and (b)

Omit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

140  Paragraph 109B(2)(c)

Omit “a Registrar of the Federal Circuit Court of Australia”, substitute “the Chief Executive Officer, or a Registrar of the Federal Circuit and Family Court of Australia (Division 2)”.

141  Subsection 109B(3)

Omit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

142  At the end of subsection 111C(5)

Add “, the Federal Circuit and Family Court of Australia Act 2018 or the Federal Court of Australia Act 1976 ”.

143  Subsection 111C(7A)

Omit “the Judges, or a majority of them,”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

144  After subsection 111C(7A)

Insert:

          (7B)  The power of the Judges of the Federal Court of Australia, or a majority of them, under section 59 of the Federal Court of Australia Act 1976 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.

          (7C)  The power of the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2018 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.

          (7D)  The power of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2018 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.

145  Paragraph 111CV(1A)(b)

Repeal the paragraph, substitute:

                     (b)  the Chief Executive Officer; and

                   (ba)  a Registrar or Deputy Registrar of the Federal Circuit and Family Court of Australia (Division 1); and

                   (bb)  a Registrar of the Federal Circuit and Family Court of Australia (Division 2); and

146  Paragraph 111CV(1A)(d)

Repeal the paragraph.

147  Section 112AA (definition of applicable Rules of Court )

Repeal the definition.

148  Subsection 112AK(1)

Repeal the subsection, substitute:

             (1)  Subject to this section, an order made under section 112AD may be varied or discharged by the court that made the order or the Federal Circuit and Family Court of Australia.

149  Subsection 115(2)

Omit “Family Court”, substitute “Federal Circuit and Family Court of Australia”.

150  At the end of subsection 117(2)

Add:

Note 1:       For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 1), see paragraphs 50(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2018 .

Note 2:       For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 2), see paragraphs 159(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2018 .

151  Subsection 121(10) (note)

Omit “26B, 37A,”.

152  Subsection 123(1)

Omit “Judges, or a majority of them,”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

153  Subsection 123(1)

Omit “the Family Court and any other courts”, substitute “a court”.

154  Subsection 123(1)

Omit “those courts”, substitute “the court”.

155  Paragraph 123(1)(b)

Omit “the Family Court or another court”, substitute “a court”.

156  Paragraphs 123(1)(bb), (c) and (d)

Repeal the paragraphs.

157  Paragraph 123(1)(f)

Omit “the Family Court and in any other court”, substitute “a court”.

158  Paragraph 123(1)(ma)

Omit “Divisions 2 and 3”, substitute “Division 2”.

159  Subparagraph 123(1)(sda)(i)

Omit “subsection 38BD(1) of this Act”, substitute “subsection 247(1) of the Federal Circuit and Family Court of Australia Act 2018 ”.

160  Subparagraph 123(1)(sdb)(i)

Omit “subsection 38BD(2) of this Act”, substitute “subsection 247(2) of the Federal Circuit and Family Court of Australia Act 2018 ”.

161  Paragraph 123(1)(sea)

Omit “subsection 38BD(1) of this Act”, substitute “subsection 247(1) of the Federal Circuit and Family Court of Australia Act 2018 ”.

162  Paragraph 123(1)(seb)

Omit “subsection 38BD(2) of this Act”, substitute “subsection 247(2) of the Federal Circuit and Family Court of Australia Act 2018 ”.

163  At the end of subsection 123(1)

Add:

Note:          For other powers to make Rules of Court, see section 109A and subsection 111C(7A).

164  Subsection 123(1A)

Omit “Federal Circuit Court of Australia”, substitute “Federal Court of Australia or the Federal Circuit and Family Court of Australia”.

165  Subsection 123(2)

Omit “made by Judges under this section or any other Act”, substitute “made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this section or any other Act (other than the Federal Circuit and Family Court of Australia Act 2018 )”.

166  Paragraph 123(2)(b)

Repeal the paragraph.

167  Subsection 123(2A)

Omit “made by Judges under this or any other Act”, substitute “made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this Act”.

168  Subsection 123(3)

Repeal the subsection (including the note).

169  Subsection 124(1)

Omit “Family Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1), such Judges of the Federal Circuit and Family Court of Australia (Division 2)”.

170  Subsection 124(1)

Omit “in accordance with this section”, substitute “by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

171  Subsection 124(2)

Omit “the Judges referred to in section 123”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

172  Subsection 124(2)

Omit “those Judges”, substitute “the Chief Justice of the Court”.

173  Subsection 124(3)

Repeal the subsection.

174  Subsection 124(6)

Omit “Governor-General”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

175  Paragraph 125(1)(ba)

Repeal the paragraph.

176  Paragraph 125(1)(baa)

Omit “the Family Court and any other court”, substitute “a court”.

177  Paragraph 125(1)(ca)

Repeal the paragraph.

178  Paragraphs 125(1)(d) and (e)

Omit “and fees prescribed under paragraph (ca)”.

Federal Court of Australia Act 1976

179  Section 4 (definition of administrative affairs )

Repeal the definition, substitute:

administrative affairs :

                     (a)  of the Court—has a meaning affected by subsection 18A(1A) of this Act; and

                     (b)  of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2018 in relation to that Court; and

                     (c)  of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2018 in relation to that Court.

180  Section 4 (definition of corporate services )

Repeal the definition, substitute:

corporate services :

                     (a)  of the Court—has the meaning given by subsection 18A(1B) of this Act; and

                     (b)  of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2018 in relation to that Court; and

                     (c)  of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2018 in relation to that Court.

181  Section 4 (definition of Division )

Omit “or the Fair Work Division”, substitute “, the Fair Work Division or the Family Law Appeal Division”.

182  Section 4 (definition of Family Court Chief Executive Officer )

Repeal the definition.

183  Section 4

Insert:

Family Court of a State means a court to which section 41 of the Family Law Act 1975 applies.

family law or child support proceeding means a proceeding under:

                     (a)  the Family Law Act 1975 ; or

                     (b)  the Child Support (Assessment) Act 1989 ; or

                     (c)  the Child Support (Registration and Collection) Act 1988 (other than a proceeding under section 72Q of that Act).

Federal Circuit and Family Court of Australia means:

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

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

184  Section 4

Repeal the following definitions:

                     (a)  definition of Federal Circuit Court ;

                     (b)  definition of Federal Circuit Court Chief Executive Officer .

185  Section 4 (at the end of the definition of judgment )

Add “, and for the purposes of a matter before the Family Law Appeal Division, includes a decision and a refusal to make a decree or order”.

186  Subsection 6(2)

Repeal the subsection, substitute:

             (2)  A person is not to be appointed as a Judge unless:

                     (a)  the person:

                              (i)  is or has been a Judge of a prescribed court or of a court of a State; or

                             (ii)  has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and

                     (b)  the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court.

187  Section 6A (note)

Repeal the note, substitute:

Note:          A Judge (including the Chief Justice) who is not assigned to a Division of the Court may exercise the powers of the Court in any Division (see subsection 15(1C)).

188  Subsection 7(2)

Omit “either”, substitute “any”.

189  Subsection 7(2) (note)

Repeal the note, substitute:

Note:          A Judge (including the Chief Justice) who is not assigned to a Division of the Court may exercise the powers of the Court in any Division (see subsection 15(1C)).

190  Section 13 (heading)

Repeal the heading, substitute:

13   General, Fair Work and Family Law Appeal Divisions of the Court

191  Subsection 13(1)

Repeal the subsection, substitute:

             (1)  For the purpose of the organisation and conduct of the business of the Court, the Court comprises 3 Divisions:

                     (a)  the General Division; and

                     (b)  the Fair Work Division; and

                     (c)  the Family Law Appeal Division.

192  After subsection 13(3)

Insert:

Family Law Appeal Division

          (3A)  The following jurisdiction of the Court is to be exercised in the Family Law Appeal Division:

                     (a)  jurisdiction that is required by Division 2 of Part III to be exercised in the Family Law Appeal Division;

                     (b)  jurisdiction that is incidental to such jurisdiction.

193  Subsection 13(4)

Repeal the subsection, substitute:

General Division

             (4)  The following jurisdiction of the Court is to be exercised in the General Division:

                     (a)  jurisdiction that is not required by this Act or any other Act to be exercised in the Fair Work Division or the Family Law Appeal Division;

                     (b)  jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by this Act or any other Act to be exercised in the Fair Work Division or the Family Law Appeal Division).

194  Subsection 13(5)

Repeal the subsection, substitute:

Jurisdiction that is required to be exercised in more than one Division

             (5)  If the Court’s jurisdiction is required to be exercised in more than one Division in relation to particular proceedings or proceedings of a particular kind, the Chief Justice may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation of those proceedings or proceedings of that kind to a Division.

195  After section 13

Insert:

13A   Authorised Judges may manage classes of proceedings

             (1)  The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:

                     (a)  in the instrument; or

                     (b)  by the Rules of Court.

             (2)  In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.

             (3)  A Judge may be authorised even though the Judge is not assigned to a Division.

             (4)  The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.

             (5)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

196  Subsection 15(1AAA)

After “another Judge”, insert “of the Court”.

197  Subsection 15(1A) (heading)

Repeal the heading, substitute:

Exercise of powers of General, Fair Work and Family Law Appeal Divisions of the Court

198  Subsection 15(1B)

Omit “the other Division”, substitute “another Division”.

199  Subsection 15(1C)

Repeal the subsection, substitute:

          (1C)  To avoid doubt, a Judge who is not assigned to a Division of the Court may exercise, or participate in exercising, the powers of the Court in any Division.

200  Sections 15A and 16

Repeal the sections, substitute:

16   Court divided in opinion

             (1)  If the Judges constituting a Full Court for the purposes of any proceeding are divided in opinion as to the judgment to be pronounced:

                     (a)  if there is a majority—judgment is to be pronounced according to the opinion of the majority; or

                     (b)  if the Judges are equally divided in opinion:

                              (i)  the judgment appealed from is to be affirmed if subsection (2) applies; and

                             (ii)  the opinion of the Chief Justice or, if the Chief Justice is not a member of the Full Court, the opinion of the senior Judge who is a member of the Full Court, is to prevail in any other case.

             (2)  This subsection applies if the appeal is from:

                     (a)  a judgment of the Court constituted by a single Judge; or

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

                     (c)  a judgment of the Supreme Court of a State or Territory.

201  After paragraph 18A(1B)(e)

Insert:

                    (ea)  records management;

                   (eb)  administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;

202  After paragraph 18A(1B)(h)

Insert:

                   (ha)  court security;

203  At the end of subsection 18D(1)

Add:

Note:          The Chief Executive Officer has similar powers in relation to the Federal Circuit and Family Court of Australia: see sections 63 and 217 of the Federal Circuit and Family Court of Australia Act 2018 .

204  At the end of subsection 18D(3)

Add:

Note:          The Chief Executive Officer may also be given directions by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) and the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2): see sections 63 and 217 of the Federal Circuit and Family Court of Australia Act 2018 .

205  After paragraph 18N(1)(d)

Insert:

                   (da)  the Marshal of the Court;

                   (db)  such Deputy Marshals of the Court as are necessary;

206  Subsection 18N(4)

Omit “and the Marshals”, substitute “, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988 ”.

207  Subsection 18N(5)

Omit “and the Marshals”, substitute “, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988 ”.

208  Section 18P

Repeal the section, substitute:

18P   Sheriff

             (1)  The Sheriff of the Court is responsible for the service and execution of all process of the Court directed to the Sheriff.

             (2)  The Sheriff of the Court is also responsible for dealing, on behalf of the Court, with:

                     (a)  the Australian Federal Police; and

                     (b)  the police forces of the States and Territories;

in relation to the service and execution of process of the Court directed to members of any of those police forces.

             (3)  The Sheriff of the Court is also responsible for matters under Division 1A of Part III directed to the Sheriff.

Note:          These provisions of Part III are mainly about juries in criminal proceedings.

18PA   Deputy Sheriffs

                   A Deputy Sheriff of the Court may, subject to any directions of the Sheriff of the Court, exercise or perform any of the powers or functions of the Sheriff.

18PB   Authorised persons to assist the Sheriff or Deputy Sheriffs

             (1)  The Sheriff of the Court may authorise persons to assist the Sheriff in exercising powers or performing functions as the Sheriff.

             (2)  A Deputy Sheriff of the Court may authorise persons to assist the Deputy Sheriff in exercising powers or performing functions as the Deputy Sheriff.

18PC   Marshal

             (1)  The Marshal of the Court is responsible for:

                     (a)  the security of the Court; and

                     (b)  the personal security of the Judges and officers and staff of the Court.

             (2)  The Marshal of the Court is also responsible for:

                     (a)  taking, receiving and detaining all persons committed to the Marshal’s custody by the Court; and

                     (b)  discharging such persons when so directed by the Court or otherwise required by law.

18PD   Deputy Marshals

                   A Deputy Marshal of the Court may, subject to any directions of the Marshal of the Court, exercise or perform any of the powers or functions of the Marshal.

18PE   Authorised persons to assist the Marshal or Deputy Marshals

             (1)  The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.

             (2)  A Deputy Marshal of the Court may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.

209  Paragraphs 18Z(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  providing the corporate services of the Federal Circuit and Family Court of Australia (Division 1);

                     (c)  providing the corporate services of the Federal Circuit and Family Court of Australia (Division 2).

210  Paragraphs 18Z(3)(b) to (e)

Repeal the paragraphs, substitute:

                     (b)  the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1);

                     (c)  the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2).

211  Subsection 18Z(5)

Repeal the subsection, substitute:

             (5)  When performing functions, or exercising powers, under this section, before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table, the Chief Executive Officer must consult the person or persons mentioned in that item about the decision:

 

Consultation about expenditure relating to administrative affairs

Item

Court

Persons to be consulted

1

The Court

The Chief Justice

2

The Federal Circuit and Family Court of Australia (Division 1)

Both:

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

(b) the Chief Justice of the Court

3

The Federal Circuit and Family Court of Australia (Division 2)

Both:

(a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and

(b) the Chief Justice of the Court

 

212  Subparagraphs 18ZB(a)(iv) to (ix)

Repeal the subparagraphs, substitute:

                            (iv)  the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 71(1) of the Federal Circuit and Family Court of Australia Act 2018 ;

                             (v)  the staff of the Registries of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 71(6) of the Federal Circuit and Family Court of Australia Act 2018 ;

                            (vi)  the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 225 of the Federal Circuit and Family Court of Australia Act 2018 ;

                           (vii)  the staff of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 231 of the Federal Circuit and Family Court of Australia Act 2018 ;

213  Subparagraphs 18ZB(e)(ii) and (iii)

Repeal the subparagraphs, substitute:

                             (ii)  the functions of the Chief Executive Officer under sections 62, 216 and 244 of the Federal Circuit and Family Court of Australia Act 2018 ;

214  Section 18ZC

Repeal the section, substitute:

18ZC   Delegation of powers etc. under the finance law

                   Section 110 of the Public Governance, Performance and Accountability Act 2013 applies as if:

                     (a)  for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)—a reference to an official were a reference to the holder of an office or position referred to in subparagraph 18ZB(a)(iv) or (v), being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer; and

                     (b)  for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)—a reference to an official were a reference to the holder of an office or position referred to in subparagraph 18ZB(a)(vi) or (vii), being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer.

215  Subparagraphs 18ZD(1)(b)(ii) to (iv)

Repeal the subparagraphs, substitute:

                             (ii)  the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1); or

                            (iii)  the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2); or

                            (iv)  the corporate services of the Court, the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2), as referred to in subsection 18Z(1); and

216  Subsections 18ZD(2) and (3)

Repeal the subsections, substitute:

             (2)  Before spending a part of the outcome amount for another outcome for the listed entity, if the outcome amount relates to the administrative affairs of a court mentioned in an item of the following table, the Chief Executive Officer must consult the person or persons mentioned in that item about the spending:

 

Consultation about spending

Item

Court

Persons to be consulted

1

The Court

The Chief Justice

2

The Federal Circuit and Family Court of Australia (Division 1)

Both:

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

(b) the Chief Justice of the Court

3

The Federal Circuit and Family Court of Australia (Division 2)

Both:

(a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and

(b) the Chief Justice of the Court

 

217  Subparagraphs 18ZE(2)(b)(ii) and (iii)

Repeal the subparagraphs, substitute:

                            (iii)  sections 71 and 219, subsections 226(1), 227(1), 228(1) and 229(1), and sections 230 and 231 of the Federal Circuit and Family Court of Australia Act 2018 ;

218  Sections 18ZF and 18ZG

Repeal the sections, substitute:

18ZF   Making arrangements relating to APS employees

             (1)  The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 1), or staff of the Registries of the Court, available for the purposes of assisting the Chief Executive Officer in the performance of the Chief Executive Officer’s functions under sections 62 and 244 of the Federal Circuit and Family Court of Australia Act 2018 .

             (2)  While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of:

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

                     (b)  the Chief Executive Officer.

             (3)  The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 2), or staff of the Court, available for the purposes of assisting the Chief Executive Officer in the performance of the Chief Executive Officer’s functions under sections 216 and 244 of the Federal Circuit and Family Court of Australia Act 2018 .

             (4)  While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of:

                     (a)  the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and

                     (b)  the Chief Executive Officer.

219  Paragraphs 18ZH(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in paragraphs 71(1)(a) to (e) of the Federal Circuit and Family Court of Australia Act 2018 ;

                     (c)  the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in paragraphs 225(1)(a) to (g) of the Federal Circuit and Family Court of Australia Act 2018 ;

220  Subsections 18ZH(2) and (3)

Repeal the subsections, substitute:

             (2)  The appointment of a person to more than one office, or an office or offices of more than one court, mentioned in subsection (1) may be made in a single instrument.

221  Paragraphs 18ZI(1)(b) and (c)

Repeal the paragraphs, substitute:

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

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

222  Subsections 18ZI(4) and (5)

Repeal the subsections.

223  Section 18ZJ

Repeal the section.

224  Section 18ZK

Repeal the section, substitute:

18ZK   Officers of the Court and the Federal Circuit and Family Court of Australia

             (1)  A person may be an officer of one or more of the following courts:

                     (a)  the Court;

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

                     (c)  the Federal Circuit and Family Court of Australia (Division 2).

             (2)  Subsection (1) has effect despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2018 .

225  Before subsection 24(1)

Insert:

Appellate jurisdiction—general matters

226  Paragraphs 24(1)(d) and (e)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

227  Subsections 24(1AA) to (1E)

Repeal the subsections, substitute:

Appellate jurisdiction—family law or child support proceedings

             (2)  Subject to section 24A, the Court has jurisdiction to hear and determine appeals from:

                     (a)  a judgment of the Federal Circuit and Family Court of Australia exercising original or appellate jurisdiction under:

                              (i)  the Family Law Act 1975 ; or

                             (ii)  the Child Support (Assessment) Act 1989 ; or

                            (iii)  the Child Support (Registration and Collection) Act 1988 (other than section 72Q of that Act); or

                            (iv)  regulations under an Act referred to in subparagraph (i), (ii) or (iii); or

                             (v)  in relation to a matter in a family law or child support proceeding—any other law; or

                     (b)  a judgment of:

                              (i)  a Family Court of a State; or

                             (ii)  a Supreme Court of a State or Territory constituted by a single Judge;

                            exercising original or appellate jurisdiction under the Family Law Act 1975 , the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 ; or

                     (c)  a judgment or decision of a Judge exercising original or appellate jurisdiction, as mentioned in paragraph (a) or (b), rejecting an application that the Judge disqualify himself or herself from further hearing a matter.

Note:          This subsection applies to appeals from the making, variation and revocation of court security orders under the Court Security Act 2013 as described in section 30A.

             (3)  The jurisdiction of the Court mentioned in subsection (2) is to be exercised in the Family Law Appeal Division of the Court.

Certain kinds of appeals prohibited

             (4)  An appeal must not be brought from a judgment referred to in paragraph (1)(a), (d) or (e) or subsection (2) if the judgment is:

                     (a)  a determination of an application of the kind mentioned in subsection 20(3); or

                     (b)  a decision to do, or not to do, any of the following:

                              (i)  join or remove a party;

                             (ii)  adjourn or expedite a hearing;

                            (iii)  vacate a hearing date.

             (5)  Unless the Court or a Judge gives leave to appeal, an appeal must not be brought from a judgment referred to in subsection (1) that is an interlocutory judgment. For this purpose, the following are also taken to be interlocutory judgments:

                     (a)  a judgment by consent;

                     (b)  a decision granting or refusing summary judgment under section 31A;

                     (c)  an order made by the Court under section 37AF, 37AS or 37AT;

                     (d)  a judgment of the Federal Circuit and Family Court of Australia (Division 2) under section 111 of the Federal Circuit and Family Court of Australia Act 2018 ;

                     (e)  an order made by the Federal Circuit and Family Court of Australia (Division 2) under section 196, 209 or 210 of the Federal Circuit and Family Court of Australia Act 2018 .

             (6)  Despite subsection (5), leave to appeal is not required for an appeal from a judgment referred to in subsection (1) that is an interlocutory judgment:

                     (a)  affecting the liberty of an individual; or

                     (b)  in proceedings relating to contempt of the Court or any other court.

For this purpose, a judgment described in paragraph (5)(a), (b), (c), (d) or (e) is also taken to be an interlocutory judgment.

             (7)  The fact that there has been, or can be, no appeal from an interlocutory judgment of the Court in a proceeding does not prevent:

                     (a)  a party from founding an appeal from a final judgment in the proceeding on the interlocutory judgment; or

                     (b)  the Court from taking account of the interlocutory judgment in determining an appeal from a final judgment in the proceeding.

228  After section 24

Insert:

24A   Leave to appeal needed for some family law or child support proceedings

             (1)  Leave of the Court is required to appeal to the Family Law Appeal Division of the Court from:

                     (a)  a judgment of a court (other than a court of summary jurisdiction) exercising jurisdiction under:

                              (i)  the Child Support (Assessment) Act 1989 ; or

                             (ii)  the Child Support (Registration and Collection) Act 1988 (other than section 72Q of that Act); and

                     (b)  the following judgments:

                              (i)  a prescribed judgment of the Federal Circuit and Family Court of Australia;

                             (ii)  a prescribed judgment of a Family Court of a State;

                            (iii)  a prescribed judgment of a Supreme Court of a State or Territory constituted by a single Judge.

Note:          Paragraph (a)—appeals from courts of summary jurisdiction of a State or Territory may be made to the Federal Circuit and Family Court of Australia or the Supreme Court of the relevant State or Territory: see section 47A of the Family Law Act 1975 .

             (2)  For the purposes of paragraph (1)(a), a Family Court of a State is not a court of summary jurisdiction.

Note:          For the definition of court of summary jurisdiction , see section 2B of the Acts Interpretation Act 1901 .

             (3)  The Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

229  Subsection 25(1AA)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

230  After paragraph 25(2)(b)

Insert:

                   (ba)  for an extension of time within which to file an application for leave to appeal to the Family Law Appeal Division of the Court; or

231  Paragraph 25(2)(d)

Omit “a Full Court;”, substitute “a Full Court or of a single Judge of the Family Law Appeal Division of the Court; or”.

232  After paragraph 25(2)(d)

Insert:

                   (da)  for security for costs in relation to an appeal to the Family Law Appeal Division of the Court;

233  At the end of section 25

Add:

             (7)  No appeal lies under this section from an order or direction of a kind mentioned in paragraph (2B)(b) or (c) given by the Court when exercising jurisdiction in the Family Law Appeal Division.

234  After section 25

Insert:

25A   Court may determine appeal in family law or child support proceedings without oral hearing

             (1)  An appeal under subsection 24(2) may be dealt with by the Court without an oral hearing if the parties to the appeal consent to the appeal being dealt with in that way.

Note:          Subsection 24(3) requires that the appellate jurisdiction of the Court under subsection 24(2) be exercised in the Family Law Appeal Division.

             (2)  Subsection (1) does not apply if the Court orders otherwise.

             (3)  A consent given in relation to an appeal, as mentioned in subsection (1), may only be withdrawn with the leave of the Court.

235  Subsection 26(2)

Repeal the subsection, substitute:

             (2)  Subject to any other Act, the jurisdiction of the Court under subsection (1):

                     (a)  when exercised in the Family Law Appeal Division:

                              (i)  if the court stating the case or reserving the question is not the Federal Circuit and Family Court of Australia (Division 2)—must be exercised by a Full Court; or

                             (ii)  if the court stating the case or reserving the question is the Federal Circuit and Family Court of Australia (Division 2)—must be exercised by a single Judge or, if a Judge considers that it is appropriate for the jurisdiction of the Court in relation to the matter to be exercised by a Full Court, must be exercised by a Full Court; or

                     (b)  when not exercised in the Family Law Appeal Division:

                              (i)  if the court stating the case or reserving the question is not a court of summary jurisdiction—must be exercised by a Full Court; or

                             (ii)  if the court stating the case or reserving the question is a court of summary jurisdiction—must be exercised by a single Judge or, if a Judge considers that it is appropriate for the jurisdiction of the Court in relation to the matter to be exercised by a Full Court, must be exercised by a Full Court.

          (2A)  Subject to any other Act, the Court may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the court stating the case or reserving the question.

236  After paragraph 27(c)

Insert:

                    (ca)  in the case of an appeal being heard in the Family Law Appeal Division—as provided for in Division 2 of Part XI of the Family Law Act 1975 ; or

237  After subsection 28(1)

Insert:

          (1A)  If, in dismissing an appeal under subsection 24(2), the Court is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form.

Note:          Subsection 24(3) requires that the appellate jurisdiction of the Court under subsection 24(2) be exercised in the Family Law Appeal Division.

238  Paragraph 29(1)(a)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

239  At the end of Division 2 of Part III

Add:

30AAA   Appeals relating to court security orders

             (1)  This section deals with the application of this Division in relation to the making, variation or revocation of a court security order under Part 4 of the Court Security Act 2013 by a member (as defined in that Act) of:

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

                     (b)  the Family Court of Western Australia.

             (2)  This Division applies as if the making, variation or revocation were a decree of the member’s court in the exercise of original jurisdiction under the Family Law Act 1975 .

Note:          As a result, an appeal from the making, variation or revocation lies under subsection 24(2).

30AAB   Family law regulations to be sole source of certain appellate jurisdiction

                   Despite the provisions of this Division:

                     (a)  the Court has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C of the Family Law Act 1975 only as provided by those regulations; and

                     (b)  the Court’s exercise of that appellate jurisdiction is as provided by those regulations.

240  Section 32AA (heading)

Omit “ Federal Circuit Court ”, substitute “ Federal Circuit and Family Court of Australia (Division 2) ”.

241  Paragraphs 32AA(1)(a) and (b)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

242  Paragraph 32AA(2)(b)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

243  Section 32AB (heading)

Omit “ Federal Circuit Court ”, substitute “ Federal Circuit and Family Court of Australia ”.

244  Subsection 32AB(1)

After “the Court” (first occurring), insert “(other than a proceeding before the Family Law Appeal Division of the Court)”.

245  Subsections 32AB(1), (3), (4), (5) and (6)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia”.

246  Subsection 32AB(7)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.

247  Subsection 32AB(8A)

Repeal the subsection, substitute:

          (8A)  The Federal Circuit and Family Court of Australia (Division 1) has jurisdiction in a matter that:

                     (a)  is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 1) under this section; and

                     (b)  is a matter in which the Federal Circuit and Family Court of Australia (Division 1) does not have jurisdiction apart from this subsection.

To avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) under this subsection is not subject to limits set by another provision.

          (8B)  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction in a matter that:

                     (a)  is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 2) under this section; and

                     (b)  is a matter in which the Federal Circuit and Family Court of Australia (Division 2) does not have jurisdiction apart from this subsection.

To avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under this subsection is not subject to limits set by another provision.

248  After section 32AB

Insert:

32AC   Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2)

             (1)  If:

                     (a)  a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and

                     (b)  the proceeding is not a family law or child support proceeding;

the Court may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court.

             (2)  The Court may transfer a proceeding:

                     (a)  on the application of a party to the proceeding; or

                     (b)  on its own initiative.

             (3)  The Rules of Court may make provision in relation to transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) under this section.

             (4)  In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2).

             (5)  Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Circuit and Family Court of Australia (Division 2).

             (6)  In deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2), the Court must have regard to:

                     (a)  any Rules of Court made for the purposes of subsection (4); and

                     (b)  whether proceedings in respect of an associated matter are pending in the Court; and

                     (c)  whether the resources of the Court are sufficient to hear and determine the proceeding; and

                     (d)  the interests of the administration of justice.

             (7)  An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under this section.

             (8)  The Court has jurisdiction in a matter that:

                     (a)  is the subject of a proceeding transferred to the Court under this section; and

                     (b)  is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision.

             (9)  This section does not apply to criminal proceedings.

           (10)  This section does not apply to proceedings of a kind specified in the regulations.

32AD   Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2)

             (1)  If the Federal Circuit and Family Court of Australia (Division 2) makes an order under subsection 120(1) of the Federal Circuit and Family Court of Australia Act 2018 transferring a proceeding to the Court, the Court may, by order, confirm the transfer of the proceeding to the Court.

Note:          The transfer of a proceeding takes effect on the day the Court makes an order under this section in relation to the proceeding: see subsection 120(4) of the Federal Circuit and Family Court of Australia Act 2018 .

             (2)  The Court may, in its discretion, receive further evidence to decide whether to make an order under subsection (1). Such evidence may be taken in any of the ways mentioned in section 27.

             (3)  The Court has jurisdiction in a matter that:

                     (a)  is the subject of a proceeding transferred to the Court by the Federal Circuit and Family Court of Australia (Division 2); and

                     (b)  is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision.

             (4)  An appeal does not lie from a decision of the Court in relation to an order made under subsection (1) confirming the transfer of a proceeding.

249  Subsection 32A(4)

Repeal the subsection, substitute:

             (4)  This section does not apply:

                     (a)  to a proceeding that is:

                              (i)  an indictable primary proceeding; or

                             (ii)  an Australian market proceeding within the meaning of the Trans-Tasman Proceedings Act 2010 ; or

                     (b)  in relation to the Supreme Court of a State or Territory specified in a Proclamation made under subsection 40(3) of the Family Law Act 1975 in respect of a proceeding, in relation to the State or Territory, to which the Proclamation applies.

250  Subsections 34(1) and (2)

Omit “The Governor-General shall”, substitute “The Minister must”.

251  Subsection 34(2)

Omit “Governor-General” (second occurring), substitute “Minister”.

252  Subsection 49(2)

Repeal the subsection, substitute:

             (2)  If:

                     (a)  the Court reserves judgment in a proceeding; and

                     (b)  a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares orders and reasons;

those orders and reasons may be made public by another Judge on behalf of the Judge who heard the proceeding or as otherwise provided for by the Rules of Court.

          (2A)  If:

                     (a)  the Court reserves reasons for its decision in a proceeding; and

                     (b)  a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares reasons;

those reasons may be made public by another Judge on behalf of the Judge who heard the proceeding or as otherwise provided for by the Rules of Court.

253  Subsection 49(3)

Omit “subsection (2)”, substitute “this section”.

254  Section 55

Repeal the section, substitute:

55   Actions by or against Sheriff or Marshal

             (1)  If the Sheriff or a Deputy Sheriff is a party to a proceeding in the Court:

                     (a)  all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Sheriff must be directed to such disinterested person as the Court or a Judge appoints; and

                     (b)  the person so appointed may execute and return them.

             (2)  If the Marshal or a Deputy Marshal is a party to a proceeding in the Court:

                     (a)  all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Marshal must be directed to such disinterested person as the Court or a Judge appoints; and

                     (b)  the person so appointed may execute and return them.

255  After subsection 59(1)

Insert:

          (1A)  The Judges of the Court, or a majority of them, may make Rules of Court prescribing matters required or permitted by:

                     (a)  any other provision of this Act; or

                     (b)  any other law of the Commonwealth;

to be prescribed by the Rules of Court.

256  After paragraph 59(2)(r)

Insert:

                    (ra)  the practice and procedure of the Family Law Appeal Division of the Court; and

                    (rb)  the transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2), including matters relating to costs, such as:

                              (i)  the costs of the application for an order transferring such a proceeding; and

                             (ii)  the costs for any step in such a proceeding, including steps that occurred before the proceeding was transferred; and

                            (iii)  the scale of costs that is to apply; and

Part 2 Application, saving and transitional provisions

Division 1—Application of amendments

257  Application

The amendments of the Family Law Act 1975 and the Federal Court of Australia Act 1976 made by this Schedule apply in relation to a proceeding commenced before, on or after 1 January 2019.

Division 2—Saving and transitional provisions: Family Law Act 1975 amendments

258  Authorisation about handling complaints

A written authorisation made under subsection 21B(3A) of the Family Law Act 1975 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 32(2) of the Federal Circuit and Family Court of Australia Act 2018 .

259  Arrangements with other courts

An arrangement made under subsection 38BAA(1) of the Family Law Act 1975 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 58(1) of the Federal Circuit and Family Court of Australia Act 2018 .

260  Arrangements with agencies or organisations

An arrangement made under subsection 38BAB(1) of the Family Law Act 1975 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 59(1) of the Federal Circuit and Family Court of Australia Act 2018 .

261  Delegation

An instrument made under section 38W of the Family Law Act 1975 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under section 76 of the Federal Circuit and Family Court of Australia Act 2018 .

262  Proclamation

Despite the repeal of section 96 of the Family Law Act 1975 by this Act, a Proclamation made under subsection 96(3) of that Act and in force immediately before 1 January 2019, continues in force (and may be dealt with) as if:

                     (a)  it had been made under subsection 47A(4) of the Family Law Act 1975 , as inserted by this Act; and

                     (b)  the Supreme Courts specified in that Proclamation are also specified for the purposes of appeals in relation to:

                              (i)  the Child Support (Assessment) Act 1989 ; or

                             (ii)  the Child Support (Registration and Collection) Act 1988 .

263  Oaths and affirmations

A written authorisation made under subsection 98AA(2) of the Family Law Act 1975 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 52(2) of the Federal Circuit and Family Court of Australia Act 2018 .

264  Continuity of Rules of Court

The amendments made by items 134, 143, 152, 165 and 167 of this Schedule:

                     (a)  do not affect the continuity of any Rules of Court made for the purposes of section 123 of the Family Law Act 1975 that are in force immediately before 1 January 2019; and

                     (b)  to avoid doubt, do not prevent the amendment or repeal of those Rules of Court.

Division 3—Saving and transitional provisions: Federal Court of Australia Act 1976 amendments

265  Registries of the Federal Court of Australia

(1)       Despite the amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule, a Registry of the Federal Court of Australia, existing immediately before 1 January 2019, continues in existence on and after that day.

(2)       The amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule does not affect:

                     (a)  the designation, before 1 January 2019, of a Registry of the Federal Court of Australia as the Principal Registry of the Court; or

                     (b)  the specification, before 1 January 2019, of a District (in respect of which a District Registry of the Federal Court of Australia exists).