Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 43

             (1)  The practice and procedure of the Federal Magistrates Court is to be in accordance with Rules of Court made under this Act. However, this subsection is subject to any provision made by or under this or any other Act with respect to practice and procedure.

Note:          Rules of Court are made under section 81.

             (2)  In so far as the provisions applicable in accordance with subsection (1) are insufficient:

                     (a)  the Rules of Court made under the Family Law Act 1975 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Magistrates Court or a Federal Magistrate, to the practice and procedure of the Federal Magistrates Court in relation to the jurisdiction of the Federal Magistrates Court 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 ; and

                     (b)  the Rules of Court made under the Federal Court of Australia Act 1976 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Magistrates Court or a Federal Magistrate, to the practice and procedure of the Federal Magistrates Court in relation to the jurisdiction of the Federal Magistrates Court under laws of the Commonwealth other than:

                              (i)   the Family Law Act 1975 ; or

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

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

             (3)  In this section:

"practice and procedure" includes all matters in relation to which Rules of Court may be made under this Act.