Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) It is intended that the practice and procedure of the Federal Magistrates Court be governed principally by these Rules.
(2) However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules or the Family Law Rules 2004 or the Family Law Rules 1984 , in whole or in part and modified or dispensed with, as necessary.
(3) Without limiting subrule (2):
(a) the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and
(b) the provisions of the Federal Court Rules set out in Part 2 of Schedule 3, apply, with necessary changes, to general federal law proceedings.
Note These Rules have effect subject to any provision made by an Act, or by rules or regulations under an Act, with respect to the practice and procedure in particular matters: see subsection 81 (2) of the Act.
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General outline: * Chapter 1 applies to all proceedings * Chapter 2 applies to family law and child support proceedings * Chapter 3 applies to all proceedings other than family law and child support proceedings * Chapter 5 applies to proceedings under the Human Rights and Equal Opportunity Commission Act 1986 * Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975 . |