TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 109 Court rules

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 109

  (1)   The power to make rules regulating the practice and procedure of a federal court extends to making any rules prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2)   Rules so made must not be inconsistent with this Act or the regulations.

  (3)   If, in a proceeding in the Federal Circuit and Family Court of Australia :

  (a)   a matter arises in relation to which the court has not made rules under this section prescribing practice and procedure; and

  (b)   the regulations have not prescribed practice and procedure in relation to the matter; and

  (c)   the Federal Court Rules have prescribed practice and procedure in relation to the matter;

then, subject to any direction that the court makes in that proceeding, the Federal Court Rules apply in relation to the matter with such modifications as are necessary.

  (4)   This section does not affect any power to make rules under any other law.

  (5)   In this section:

"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 ).