(3) However, the rate of the pension must be reduced by the amount of any pension or retiring allowance: (a) payable to the Judge, whether under a law or otherwise, out of money provided in whole or in part by the Commonwealth, a State or a Territory (other than a Commonwealth superannuation contribution the Judge was entitled to under a determination under subclause 8(1)); and. (b) discharging such persons when so directed by the Federal Circuit Court of Australia or otherwise required by law. (3AB) The Chief Judge may authorise, in writing, a person or a body to do one or more of the following: (a) assist the Chief Judge to handle complaints or a specified complaint; (b) decide whether or not to handle complaints or a specified complaint; (c) dismiss complaints or a specified complaint; (d) handle complaints or a specified complaint. An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give testimony by video link or audio link in accordance with this Division may be administered: (a) by means of the video link or audio link, as the case may be, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give testimony in the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting; or. (1) Testimony in a proceeding in the Federal Circuit Court of Australia is to be given orally or by affidavit. 92 Arrangements for sharing courtrooms and other facilities. The Rules of Court may make provision for or in relation to the making of applications under the Family Law Act 1975 for mediation or arbitration and for orders under section 19E of that Act. (5) For the purposes of the application of this section to a particular proceeding, eligible persons are such persons as the Federal Circuit Court of Australia or a Judge considers should be treated as eligible persons for the purposes of that proceeding. Summary. (d) anything else that the Judges, or a majority of them, considers relevant. Family law or child support proceedings means proceedings under: (b) the Child Support (Assessment) Act 1989; or. Note: See Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child support proceedings. This comprehensive account of the Australian national judicial system comprises specialist contributions from experts in their field, including judges, government lawyers, barristers, and academics. Federal Court means the Federal Court of Australia. (3) If the testimony is given otherwise than on oath or affirmation, the Federal Circuit Court of Australia or the Judge is to give the testimony such weight as the Federal Circuit Court of Australia or the Judge thinks fit in the circumstances. FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 59 Swearing of affidavits etc. (5) The pension is due daily, but is payable on the days on which salary payments are made to Judges. The Rules of Court may prescribe matters incidental to the matters that, under: are required or permitted to be prescribed by the Rules of Court. See download Federal Circuit Court of Australia Act 1999 (Cth) Judiciary Act 1903 (Cth) Other Australian jurisdictions. (5) If an order is made under subsection (1), the Federal Circuit Court of Australia may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court or the Family Court, as the case requires. Division 5—Miscellaneous administrative matters. 105 Registrars—oath or affirmation of office. (3) The Federal Circuit Court of Australia or a Judge may dismiss the application without an oral hearing (either with or without the consent of the applicant). (2) A receiver of any property appointed by the Federal Circuit Court of Australia may, without the previous leave of the Federal Circuit Court of Australia, be sued in respect of an act or transaction done or entered into by him or her in carrying on the business connected with the property. (b) information that relates to a proceeding before the Federal Circuit Court of Australia and is: (i) information that comprises evidence or information about evidence; or, (ii) information obtained by the process of discovery; or, (iii) information produced under a subpoena; or. Federal Circuit and Family Court of Australia⦠(2) The Rules of Court may make provision for or in relation to: (a) attendance at family counselling by parties to proceedings under the Family Law Act 1975; and, (b) attendance at family dispute resolution by parties to proceedings under the Family Law Act 1975; and, (c) the giving of advice and assistance by family consultants to people involved in proceedings under the Family Law Act 1975; and, (d) the participation by parties to proceedings under the Family Law Act 1975 in courses, programs and other services that the parties are ordered by the court to participate in; and. (b) engage in work as an employee of, or consultant to, a legal practice. (3) 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 added at the end of subsection (1). (7) A reference in subsection (1) to a proceeding pending in the Federal Circuit Court of Australia includes a reference to a proceeding that was instituted in contravention of subsection 19(1). (1) This section does not apply to family law or child support proceedings. (3) If an application is made under subsection (1), the Federal Circuit Court of Australia may determine the question of law. (c) prescribing matters required or permitted by: (2) Rules of Court have effect subject to any provision made by another Act, or by rules or regulations under another Act, with respect to the practice and procedure in particular matters. (a) assign a Judge (other than the Chief Judge) to one of the Divisions either: (i) in the commission of appointment of the Judge; or, (ii) at a later time, with the consent of the Judge; and. (1) In exercising powers or performing functions under paragraph 12(3)(c) and subsection 12(3AA), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court. (b) immediately after the commencement of Schedule 1 to the Courts Legislation Amendment (Judicial Complaints) Act 2012. 99 Officers of the Federal Circuit Court of Australia. 13 Exercise of jurisdiction in open court and in Chambers. If, in the course of an examination or appearance of a person by video link or audio link in accordance with this Division, it is necessary to put a document to the person, the Federal Circuit Court of Australia or a Judge may direct or allow the document to be put to the person: (a) if the document is physically present in the courtroom or other place where the Federal Circuit Court of Australia or the Judge is sitting: (i) by causing a copy of the document to be transmitted to the place where the person is located; and, (ii) by causing the transmitted copy to be put to the person; or. This Division applies to proceedings in the Federal Circuit Court of Australia other than family law or child support proceedings. (ii) has been enacted but has not yet commenced; then the amending item commences immediately after the commencement of the amended Act. (5) In making Rules of Court for the purposes of this section, the Judges, or a majority of them, must have regard to: (a) whether particular matters could be more appropriately dealt with in the Federal Court or the Family Court; and, (b) whether the resources of the Federal Circuit Court of Australia are sufficient to deal with particular matters; and, (c) the interests of the administration of justice; and. (e) the form in which the Federal Circuit Court of Australia or a Judge is to give reasons for decisions. (2) The power conferred on the Federal Circuit Court of Australia or a Judge by subsection (1) may be exercised: (3) This section applies whether the person appearing is in or outside Australia, but does not apply if the person appearing is in New Zealand. A Judge has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) If the Federal Circuit Court of Australia does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance in connection with the dispute resolution process. (3) For this purpose, the Chief Judge has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth: (b) acquiring or disposing of real and personal property. (4) This is the form of affirmation for the purposes of subclause (1): I, , do solemnly and sincerely promise and declare that I will well and truly serve in the office of (Chief Judge or Judge of the Federal Circuit Court of Australia, as the case requires) and that I will do right to all manner of people according to law without fear or favour, affection or ill‑will. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. Note: Family consultants who are not officers of the Federal Circuit Court of Australia may be appointed under regulations made under the Family Law Act 1975. (3) A suppression order or non‑publication order may be made at any time during a proceeding or after a proceeding has concluded. 3 [item 62]), Schedule 2 (items 6, 7, 11, 12(3), (4)): 12 Dec 2012, Schedule 1 (items 24–33): 12 Apr 2013 (, Immediately after the time specified in the, Immediately after the commencement of sections 3 to 62 of the, Immediately after the commencement of item 106 of Schedule 4 to the, However, the provision(s) do not commence at all if item 6 of Schedule 2 to the, At the same time as item 1 of Schedule 1 to the, (b) immediately after the commencement of item 7 of Schedule 2 to the, (b) immediately after the commencement of item 9 of Schedule 3 to the, (b) immediately after the commencement of Schedule 1 to the, Immediately after the commencement of section 6 of the, Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 - C2014A00062, Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021, 9 Personnel provisions relating to Judges, 10A General and Fair Work Divisions of the Federal Circuit Court of Australia, 11 Exercise of jurisdiction by single Judge, 12 Arrangement of business of the Federal Circuit Court of Australia, 13 Exercise of jurisdiction in open court and in Chambers, 14 Determination of matter completely and finally, 19 Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court, 20A This Part does not apply to proceedings under the Family Law Act 1975, 22 Federal Circuit Court of Australia to consider whether to advise people to use dispute resolution processes, 23 Federal Circuit Court of Australia to advise people to use dispute resolution processes, 24 Duty of legal practitioners to consider whether to advise people to use dispute resolution processes, 25 Duty of officers of the Federal Circuit Court of Australia to advise people about dispute resolution processes, 27 Referral of question of law—dispute resolution process (other than arbitration), 28 Rules of Court about dispute resolution processes, 29 Regulations about dispute resolution processes, 30 Rules of Court about costs of dispute resolution processes, 31 Rules of Court about dispute resolution processes under the Family Law Act 1975, 36 Power of arbitrator to refer question of law to the Federal Circuit Court of Australia. Federal Magistrates Court of Australia - Family Law 2000-2013. The reform. (3A) A Judge who is assigned to a Division of the Federal Circuit Court of Australia must exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia only in that Division, except as set out in subsection (3B). (3) The Federal Circuit Court of Australia is a court of record and is a court of law and equity. (3) Referrals under subsection (1) to an arbitrator may be made only with the consent of the parties. (b) if the document is physically present in the place where the person is located: (i) by causing the document to be put to the person; and. 71 Administration of oaths and affirmations. (1) A retired disabled Judge who has not attained the age of 65 years is entitled to a Commonwealth superannuation contribution until: (a) he or she attains the age of 65 years; or. Found inside – Page 378Dismissal took place under Federal Circuit Court Act 1999 (Cth) s 17A(2) and relied on discussion of Spencer v Commonwealth (2010) 241 CLR 118 – which considers the similar provision of the Federal Court of Australia Act 1976 (Cth) s 31 ... The effect of uncommenced ⦠Matters may be transferred from the Court under: Administrative Appeals Tribunal Act 1975. The superannuation arrangements for Judges of the Federal Circuit Court of Australia (Federal Circuit Court) are governed by the Federal Circuit Court of Australia Act 1999. (b) in compliance with any procedure adopted by the Federal Circuit Court of Australia for informing a news publisher of the existence and content of a suppression order or non‑publication order made by the Federal Circuit Court of Australia. No. (4) A person is an eligible spouse of a Judge, or a retired disabled Judge, who dies if: (a) the person had previously had a marital or couple relationship with the Judge; and, (b) the person did not, at the time of the Judge’s death, have a marital or couple relationship with the Judge but was legally married to him or her; and, (c) in the Minister’s opinion, the person was wholly or substantially dependent upon the Judge at the time of the Judge’s death; and. (2) The Federal Circuit Court of Australia or a Judge may order an applicant in a proceeding in the Federal Circuit Court of Australia to give security for the payment of costs that may be awarded against him or her. 118 Proceedings arising out of administration of the Federal Circuit Court of Australia. 165, 2012. c. 11.................................... Act No. (1) There are to be one or more Federal Circuit Court of Australia stamps. The legislation history in endnote 3 provides information about each law that has amended the compiled law. (3) If a proceeding is transferred under subsection (1), the Federal Circuit Court of Australia may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court. (4) The following jurisdiction of the Federal Circuit Court of Australia is to be exercised in the General Division: (a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division). 193 of 1999 as amended, taking into account amendments up to Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, Administered by: Attorney-General's; Finance, Jurisdiction of the Federal Circuit Court of Australia, Dispute resolution for proceedings other than proceedings under the Family Law Act 1975, Proceedings other than family law or child support proceedings, Transfer of proceedings to the Federal Court or the Family Court, Documents filed with the Federal Circuit Court of Australia, Particular consequences of vexatious proceedings orders, Management of the Federal Circuit Court of Australia, Administration of the Federal Circuit Court of Australia, Administration of Federal Circuit Court of Australia’s family services, Remuneration of a Judge not to be diminished.
federal circuit court of australia act 1999 2021