Commonwealth of Australia Explanatory Memoranda

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ACCESS TO JUSTICE (CIVIL LITIGATION REFORMS) AMENDMENT BILL 2009

2008-2009







               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA







                          HOUSE OF REPRESENTATIVES




                ACCESS TO JUSTICE (CIVIL LITIGATION REFORMS)
                             AMENDMENT BILL 2009





                    SUPPLEMENTARY EXPLANATORY MEMORANDUM


             Amendments to be moved on behalf of the Government



              (Circulated by authority of the Attorney-General,
                    the Honourable Robert McClelland MP)














GENERAL OUTLINE

The Bill amends the Federal Court of Australia Act 1976 to strengthen and
clarify the case management powers of the Federal Court to ensure more
efficient civil litigation.  It also streamlines the appeals pathways for
civil proceedings, and clarifies the powers of judicial officers of the
federal courts, particularly the heads of each federal court.

The proposed amendment at Schedule 5 of the Bill will amend section 34 of
the Federal Court Act to provide that the Registrar of the Court must
ensure that at least one Registry in each State is staffed appropriately to
discharge the functions of a District Registry, with the staff to include a
District Registrar in that State.


FINANCIAL IMPACT

There is no direct financial impact on Government revenue arising from
these amendments.
NOTES ON AMENDMENTS

Amendment 1

1. This amendment adds a further schedule to the Bill - Schedule 5 -
   Registries.  The amendment provides that the Registrar of the Federal
   Court must ensure that at least one Registry in each State is staffed
   appropriately to discharge the functions of a District Registry, with the
   staff to include a District Registrar in that State.