FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021

Table of Provisions

• Long Title
 

CHAPTER 1--Introduction

PART 1--INTRODUCTION

Division 1--Preliminary

• 1 Short title  
• 2 Commencement  
• 3 Crown to be bound  
• 4 External Territories  

Division 2--Objects of this Act

• 5 Objects of this Act  

Division 3--Simplified outline of this Act

• 6 Simplified outline of this Act  

PART 2--DEFINITIONS

• 7 Definitions  
 

CHAPTER 2--Federal Circuit and Family Court of Australia

• 8 Federal Circuit and Family Court of Australia  
• 9 Federal Circuit and Family Court of Australia (Division 1)  
• 10 Federal Circuit and Family Court of Australia (Division 2)  
 

CHAPTER 3--Federal Circuit and Family Court of Australia (Division 1)

PART 1--CONSTITUTION

Division 1--Constitution

• 11 Appointment of Judges  
• 12 Judges to be assigned to particular location  
• 13 Authorised Judges may manage classes of proceedings  
• 14 Style  
• 15 Seniority  
• 16 Oath or affirmation of allegiance and office  
• 17 Constitution of a Full Court  

Division 2--Terms and conditions of judges

• 18 Remuneration  
• 19 Resignation from office  
• 20 Removal from office  

Division 3--Judges of 2 or more courts

• 21 Dual appointments  
• 22 Judge also holding office of a prescribed court  
• 23 Judge also holding office of a State Family Court  

Division 4--Acting Chief Justice

• 24 Acting Chief Justice  

PART 2--JURISDICTION

Division 1--Original jurisdiction

• 25 Original jurisdiction  

Division 2--Appellate jurisdiction

• 26 Appeals  
• 27 Family law regulations to be sole source of certain appellate jurisdiction  
• 28 Leave to appeal needed for some family law or child support proceedings  

Division 3--Associated matters

• 29 Jurisdiction in associated matters  

Division 4--Exercise of jurisdiction

• 30 Exercise of original jurisdiction  
Subdivision B--Appellate jurisdiction (other than relating to courts of summary jurisdiction)
• 31 Application  
• 32 Exercise of appellate jurisdiction  
• 33 Appeal may be determined without an oral hearing  
• 34 Cases stated and questions reserved  
• 35 Evidence on appeal  
• 36 Form of judgment on appeal  
• 37 Court divided in opinion  
• 38 Stay of proceedings and suspension of orders  
• 39 Appeals relating to court security orders  
• 40 Exercise of certain appellate jurisdiction under family law regulations  
Subdivision C--Appellate jurisdiction relating to courts of summary jurisdiction
• 41 Application  
• 42 Exercise of appellate jurisdiction  
Subdivision D--Miscellaneous
• 43 Determination of matter completely and finally  

Division 5--Certain powers relating to matters of jurisdiction

• 44 Making of orders and issuing writs  
• 45 Contempt of court  
• 46 Summary judgment  

Division 6--Administration

• 47 Arrangement of business  
• 48 Complaints  
• 49 Protection for the Chief Justice and Deputy Chief Justice  

PART 3--CERTAIN--PROCEEDINGS NOT TO BE INSTITUTED IN FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

• 50 Prohibition on instituting first instance family law or child support proceedings  

PART 4--TRANSFER--OF PROCEEDINGS

• 51 Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2)  
• 52 Discretionary transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 2)  
• 53 Rules of Court  
• 54 Delegation  

PART 5--APPEALS

• 55 Appeals to the High Court  

PART 6--PRACTICE--AND PROCEDURE

Division 1--General

• 56 Practice and procedure  
• 57 Representation  

Division 2--Documents filed in the Federal Circuit and Family Court of Australia (Division 1)

• 58 Filing of documents in the Federal Circuit and Family Court of Australia (Division 1)  
• 59 Seal of the Federal Circuit and Family Court of Australia (Division 1)  
• 60 Federal Circuit and Family Court of Australia (Division 1) stamps  
• 61 Writs etc.  
• 62 Proceedings may be instituted by application  
• 63 Limits on length of documents  

Division 3--Conduct of proceedings

• 64 Place of sitting  
• 65 Change of venue  
• 66 Formal defects not to invalidate  

Division 4--Case management

• 67 Overarching purpose of family law practice and procedure provisions  
• 68 Parties to act consistently with the overarching purpose  
• 69 Power of the Federal Circuit and Family Court of Australia (Division 1) to give directions about practice and procedure in a civil proceeding  
• 70 Chief Justice to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 2)  

Division 5--Evidence

• 71 Oaths and affirmations  
• 72 Swearing of affidavits etc.  
• 73 Orders and commissions for examination of witnesses  

Division 6--Judgments

• 74 Reserved judgments etc.  

Division 7--Common approaches with the Federal Circuit and Family Court of Australia (Division 2)

• 75 Chief Justice to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 2)  

Division 8--Rules of Court

• 76 Rules of Court  

PART 7--MANAGEMENT--AND ADMINISTRATION

Division 1--Management responsibilities of the Chief Justice

• 78 Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)  
• 79 Arrangements with other courts  
• 80 Arrangements with agencies or organisations  
• 81 Arrangements for sharing courtrooms and other facilities  
• 82 Advisory committees  

Division 2--Chief Executive Officer

• 83 Chief Executive Officer  
• 84 Function of Chief Executive Officer  
• 85 Powers of Chief Executive Officer  
Subdivision B--Terms and conditions of appointment
• 86 Appointment  
• 87 Term of appointment  
• 88 Remuneration and allowances  
• 89 Leave of absence  
• 90 Outside employment  
• 91 Disclosure of interests  
• 92 Other terms and conditions  
• 93 Resignation  
• 94 Termination of appointment  
• 95 Acting Chief Executive Officer  

Division 3--Registries and registrars

• 96 Registries  
• 97 Senior Registrars and Registrars  
• 98 Delegation  
• 99 Independence of delegates  
• 100 Review of power exercised by delegate  
• 101 Protection for Registrars  
• 102 Oath or affirmation of office  

Division 4--Other officers and staff

• 103 Officers of the Federal Circuit and Family Court of Australia (Division 1)  
• 104 Marshal  
• 105 Delegation by Registry Managers  

Division 5--Miscellaneous administrative matters

• 106 Procedural information to be given to unrepresented parties  
• 107 Annual report  
• 108 Delegation of administrative powers of Chief Justice  
• 109 Proceedings arising out of administration of the Federal Circuit and Family Court of Australia (Division 1)  
• 110 Protection of persons involved in handling etc. complaints  
 

CHAPTER 4--Federal Circuit and Family Court of Australia (Division 2)

PART 1--CONSTITUTION

Division 1--Constitution

• 111 Appointment of Judges  
• 112 Assignment of Judges to Divisions  
• 113 Authorised Judges may manage classes of proceedings  
• 114 Style  
• 115 Oath or affirmation of office  

Division 2--Terms and conditions of serving Judges

• 116 Remuneration  
• 117 Leave  
• 118 Outside work  
• 119 Other terms and conditions  
• 120 Resignation from office  
• 121 Removal from office  

Division 3--Disability and death benefits

• 122 Certification of retired disabled Judges  
• 123 Pensions for retired disabled Judges  
• 124 Superannuation for retired disabled Judges  
• 125 Death benefits  
• 126 Relationship definitions  
• 127 Meaning of eligible child  
• 128 Appropriation  

Division 4--Judges of 2 or more courts

• 129 Dual appointments  

Division 5--Acting Chief Judge

• 130 Acting Chief Judge  

PART 2--JURISDICTION

Division 1--Original jurisdiction

• 131 Original jurisdiction--general  
• 132 Original jurisdiction--family law or child support matters  
• 133 Original jurisdiction--Commonwealth tenancy disputes  

Division 2--Associated matters

• 134 Jurisdiction in associated matters  

Division 3--Exercise of jurisdiction

• 135 General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)  
• 136 Exercise of jurisdiction--open court or in Chambers  
• 137 Exercise of jurisdiction  
• 138 Decisions to be final  
• 139 Determination of matter completely and finally  

Division 4--Certain powers relating to matters of jurisdiction

• 140 Making of orders and issue of writs  
• 141 Declarations of right  
• 142 Contempt of court  
• 143 Summary judgment  

Division 5--Administration

• 144 Arrangement of business  
• 145 Complaints  
• 146 Exercise of powers of General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2)  
• 147 Assignment of Judges to locations or registries  
• 148 Protection for Chief Judge and Deputy Chief Judge  

PART 3--TRANSFER--OF PROCEEDINGS

Division 1--Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)

• 149 Discretionary transfer of proceedings  
• 150 Transferred proceedings returned to the Federal Circuit and Family Court of Australia (Division 2)  
• 151 Rules of Court  
• 152 Delegation  

Division 2--Transfer of proceedings to the Federal Court

• 153 Discretionary transfer of proceedings  
• 154 Rules of Court  

PART 4--APPEALS

• 155 Appeals to the High Court may not be brought  

PART 5--DISPUTE--RESOLUTION FOR PROCEEDINGS OTHER THAN PROCEEDINGS UNDER THE FAMILY LAW ACT 1975

Division 1--General

• 156 This Part does not apply to proceedings under the Family Law Act 1975  
• 157 Federal Circuit and Family Court of Australia (Division 2) to consider whether to advise people to use dispute resolution processes  
• 158 Federal Circuit and Family Court of Australia (Division 2) to advise people to use dispute resolution processes  
• 159 Duty of legal practitioners to consider whether to advise people to use dispute resolution processes  
• 160 Officers of the Federal Circuit and Family Court of Australia (Division 2) to advise people about dispute resolution processes  
• 161 Conciliation  
• 162 Referral of question of law--dispute resolution process (other than arbitration)  
• 163 Rules of Court about dispute resolution processes  
• 164 Regulations about dispute resolution processes  
• 165 Rules of Court about costs of dispute resolution processes  
• 166 Rules of Court about dispute resolution processes under the Family Law Act 1975  
• 167 Consent orders  

Division 2--Proceedings other than family law or child support proceedings

• 168 Scope of Division  
• 169 Mediation  
• 170 Arbitration  
• 171 Power of arbitrator to refer question of law to the Federal Circuit and Family Court of Australia (Division 2)  
• 172 Review of arbitration award on a question of law etc.  
• 173 Arbitration awards  

PART 6--PRACTICE--AND PROCEDURE

Division 1--General

• 174 Practice and procedure  
• 175 Representation  
• 176 Interrogatories and discovery  

Division 2--Documents filed in the Federal Circuit and Family Court of Australia (Division 2)

• 177 Filing of documents in the Federal Circuit and Family Court of Australia (Division 2)  
• 178 Seal of the Federal Circuit and Family Court of Australia (Division 2)  
• 179 Federal Circuit and Family Court of Australia (Division 2) stamps  
• 180 Writs etc.  
• 181 Proceedings may be instituted by application  
• 182 Limits on length of documents  

Division 3--Conduct of proceedings

• 183 Place of sitting  
• 184 Change of venue  
• 185 Determination of proceedings without a jury  
• 186 Decisions without oral hearing  
• 187 Limits on the length of oral argument  
• 188 Written submissions  
• 189 Formal defects not to invalidate  

Division 4--Case management

• 190 Overarching purpose of civil practice and procedure provisions  
• 191 Parties to act consistently with the overarching purpose  
• 192 Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding  
• 193 Chief Judge to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 1)  

Division 5--Evidence

• 194 Oaths and affirmations  
• 195 Swearing of affidavits etc.  
• 196 Orders and commissions for examination of witnesses  
• 197 Time limits on giving of testimony  
• 198 Federal Circuit and Family Court of Australia (Division 2) may question witnesses  
• 199 Evidence may be given orally or by affidavit  
• 200 Offences by witness  

Division 6--Use of video links or audio links

• 201 Testimony by video link or audio link  
• 202 Appearance of persons by video link or audio link  
• 203 Making of submissions by video link or audio link  
• 204 Conditions for use of video links and audio links  
• 205 Putting documents to a person by video link or audio link  
• 206 Administration of oaths and affirmations  
• 207 Expenses  
• 208 New Zealand proceedings  

Division 7--Orders and judgments

• 209 Orders  
• 210 Reserved judgments etc.  
• 211 Interest up to judgment  
• 212 Interest on judgment  
• 213 Enforcement of judgment  

Division 8--Costs

• 214 Costs  
• 215 Security for costs  

Division 9--Common approaches with the Federal Circuit and Family Court of Australia (Division 1)

• 216 Chief Judge to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 1)  

Division 10--Rules of Court

• 217 Rules of Court  
• 219 Documents  
• 220 Service  
• 221 Evidence  
• 222 Orders and judgments  
• 223 Costs  
• 224 General  
• 225 Incidental matters  

PART 7--SUPPRESSION--AND NON-PUBLICATION ORDERS

Division 1--Introduction

• 226 Powers of Federal Circuit and Family Court of Australia (Division 2) not affected  
• 227 Other laws not affected  
• 228 This Part does not apply to proceedings under the Family Law Act 1975  

Division 2--Suppression and non-publication orders

• 229 Safeguarding public interest in open justice  
• 230 Power to make orders  
• 231 Grounds for making an order  
• 232 Procedure for making an order  
• 233 Interim orders  
• 234 Duration of orders  
• 235 Exception for court officials  
• 236 Contravention of order  

PART 8--VEXATIOUS--PROCEEDINGS

Division 1--Introduction

• 237 Meaning of a person acting in concert  
• 238 Powers of the Federal Circuit and Family Court of Australia (Division 2) not affected  

Division 2--Vexatious proceedings orders

• 239 Making vexatious proceedings orders  
• 240 Notification of vexatious proceedings orders  

Division 3--Particular consequences of vexatious proceedings orders

• 241 Proceedings in contravention of vexatious proceedings order  
• 242 Application for leave to institute proceedings  
• 243 Dismissing application for leave  
• 244 Granting application for leave  

PART 9--MANAGEMENT--AND ADMINISTRATION

Division 1--Management responsibilities of the Chief Judge and the Chief Executive Officer

• 245 Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)  
• 246 Arrangements with other courts  
• 247 Arrangements with agencies or organisations  
• 248 Arrangements for sharing courtrooms and other facilities  
• 249 Advisory committees  

Division 2--Chief Executive Officer

• 250 Function of Chief Executive Officer  
• 251 Powers of Chief Executive Officer  

Division 3--Registries and registrars

• 252 Registries  
• 253 Senior Registrars and Registrars  
• 254 Delegation  
• 255 Independence of delegates  
• 256 Review of power exercised by delegate  
• 257 Protection for Registrars  
• 258 Oath or affirmation of office  

Division 4--Other officers and staff

• 259 Officers of the Federal Circuit and Family Court of Australia (Division 2)  
• 260 Sheriff  
• 261 Deputy Sheriffs  
• 262 Marshal  
• 263 Deputy Marshals  
• 264 Family consultants  
• 265 Staff of the Federal Circuit and Family Court of Australia (Division 2)  
Subdivision B--Provisions relating to officers and staff
• 266 Arrangements relating to Commonwealth staff  
• 267 Delegation by Registry Managers  
• 268 Authorised persons to assist the Sheriff or Deputy Sheriffs  
• 269 Authorised persons to assist the Marshal or Deputy Marshals  
• 270 Actions by or against Sheriff or Marshal  
• 271 Making arrests under this Chapter or warrants  
• 272 Receivers  

Division 5--Miscellaneous administrative matters

• 273 Procedural information to be given to unrepresented parties  
• 274 Annual report  
• 275 Delegation of the administrative powers of the Chief Judge  
• 276 Proceedings arising out of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)  
• 277 Protection of persons involved in handling etc. complaints  

PART 10--MISCELLANEOUS

• 277A Immunity for Judges of Federal Circuit and Family Court of Australia (Division 2)  
 

CHAPTER 5--Miscellaneous

PART 1--ADMINISTRATION--OF FAMILY SERVICES

• 278 Chief Executive Officer has functions of family consultants  
• 279 Chief Executive Officer may delegate powers and functions that relate to family consultants  
• 280 Chief Executive Officer may give directions that relate to family services functions  
• 281 Chief Executive Officer may authorise officers or staff members to act as family counsellor or family dispute resolution practitioner  

PART 2--MISCELLANEOUS

• 282 References in other laws to a Judge of the Federal Circuit and Family Court of Australia  
• 283 References in other laws to a Registrar of the Federal Circuit and Family Court of Australia  
• 284 Review of operation of this Act  
• 285 Regulations