Commonwealth Consolidated Regulations(1) For subsection 103 (1) of the Act, a power of the Court mentioned in an item of the following table is delegated to a Registrar who is approved, or is in a class of Registrars who are approved, by the Chief Federal Magistrate for the exercise of the power.
|
Item |
Legislative provision |
Description of power (for information only) |
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|
Act |
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1 |
section 52 |
To order, at any stage, a change of venue |
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2 |
subsection 102 (2) |
All of the following: (a) to dispense with the service of any process of the Court (b) to make orders in relation to substituted service (c) to make orders in relation to discovery, inspection and production of documents (d) to make orders in relation to interrogatories (e) to make an order adjourning the hearing of proceedings (f) to make an order as to costs (g) to make an order about security for costs (h) to make an order exempting a party to proceedings from compliance with a provision of these Rules (i) to exercise a power of the Court prescribed by these Rules (j) to direct a party in family law or child support proceedings to answer particular questions |
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(k) to make orders under the following provisions of the Family Law Act: (i) sections 11F and 11G (ii) sections 13C and 13D (iii) subsection 65LA (1) (iv) paragraph 70NEB (1) (a) (ka) to direct a family consultant to give a report under section 62G of the Family Law Act (l) in family law or child support proceedings -- to make: (i) an order under section 66Q, 67E, 77 or 90SG of the Family Law Act or (ii) an order for the payment of maintenance pending the disposal of the proceedings |
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(m) to make an order the terms of which have been agreed upon by all the parties to the proceedings (n) to make orders for the enforcement of maintenance orders under the Family Law Act (o) to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations under the Family Law Act |
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2A |
paragraph 545 (2) (b) |
To order a person to pay compensation |
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2B |
subsection 548 (4) |
To amend the papers commencing the proceeding |
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2C |
subsections 548 (5) and (6) |
To grant leave for a party to a small claims proceeding to be represented by a lawyer |
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2D |
section 570 |
To order a party to pay costs incurred by another party |
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|
Family Law Act |
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3 |
section 13B |
To adjourn proceedings and advise parties to attend family counselling |
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4 |
sections 13E and 13F |
To refer parties to arbitration with their consent and make procedural orders to assist arbitration |
|
5 |
subsection 44 (1C) |
To give leave for an application for a divorce order to be filed within 2 years after the date of marriage |
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6 |
subsection 45 (2) |
To transfer a case to another court |
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7 |
section 48 |
To make a divorce order in undefended proceedings |
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8 |
subsection 55 (2) |
To extend or reduce the time for a divorce order to take effect |
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9 |
section 55A |
To make a declaration about arrangements for children after a divorce |
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10 |
section 57 |
To rescind a divorce order where the parties have become reconciled |
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11 |
subsection 60I (9) |
To decide if subsection 60I (7) applies to an application for a Part VII order about a child |
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12 |
subsection 60I (10) |
To order that a person attend family dispute resolution |
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13 |
subsection 60J (2) |
To decide if subsection 60J (1) applies to an application for a Part VII order about a child because of a risk of child abuse or family violence |
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14 |
subsection 60K (2) |
To make procedural orders for allegations of child abuse or family violence |
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15 |
subsection 63E (3) |
To register a revocation agreement |
|
16 |
subsection 67M (2) |
To make a location order |
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17 |
subsection 67N (2) |
To make a Commonwealth information order |
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18 |
section 68L |
To make an order that a child's interests are to be independently represented |
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19 |
section 69ZW |
To make an order in child-related proceedings requesting a State or Territory agency to provide documents or information |
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21 |
subsection 91B (1) |
To request that a child welfare officer intervene in a case |
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22 |
subsection 92 (1) |
To make an order entitling a person to intervene in a case |
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23 |
subsection 97 (1A) |
To hear proceedings sitting in chambers |
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24 |
subsection 97 (2) |
To make an order about specified persons being present in Court |
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25 |
section 98A |
To make an order approving an undefended application for divorce without the parties being present |
|
26 |
To protect a witness in a case |
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27 |
section 106A |
To appoint a person to execute a deed or instrument |
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28 |
subsection 114 (3) |
To grant an injunction |
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29 |
subregulation 4 (1) |
To make an order about practice and procedure in particular circumstances |
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30 |
regulation 5 |
To direct proceeding is void for non-compliance with the Regulations, Rules or procedures |
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31 |
Division 25B.2 (except paragraph 25B.13 (c) in so far as that paragraph incorporates paragraphs 25B.11 (c) and (d), rules 25B.33 to 25B.37, 25B.45 and 25B.47 and Subdivisions 25B.2.5 to 25B.2.7) |
To enforce financial orders and obligations |
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32 |
rule 29.07 |
To make an order, issue a writ or take another step to enforce a judgement or order |
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33 |
To grant leave for a party to a small claims application to be represented by a lawyer |
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34 |
rule 46.4 |
To grant leave for a party to a small claims proceeding to be represented by a lawyer |
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35 |
section 178 |
To order a person to pay compensation |
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36 |
subsection 199 (6) |
To amend the papers commencing the proceedings |
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37 |
subsections 199 (7) and (8) |
To grant leave for a party to a small claims proceeding to be represented by a lawyer |
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38 |
section 200 |
To order a party to pay costs incurred by another party |
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39 |
section 37 |
To order a credit provider to provide a statement |
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40 |
subsection 38 (7) |
To determine a disputed liability and make consequential orders |
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41 |
subsection 74 (2) |
To make orders changing, or refusing to change, the terms of a credit contract |
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42 |
subsection 74 (3) |
To stay enforcement proceedings or make other orders relating to a debtor's application to change the terms of a credit contract |
|
43 |
subsection 75 (1) |
To vary or revoke an order under subsection 74 (2) |
|
44 |
subsection 75 (2) |
To vary or revoke a stay or order under subsection 74 (3) |
|
45 |
section 76 |
To reopen an unjust transaction that gave rise to an unjust contract, mortgage or guarantee |
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46 |
section 78 |
To annul or reduce an unconscionable change to a rate, fee or charge |
|
47 |
subsection 96 (2) |
To order or refuse to order a postponement |
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48 |
subsection 96 (3) |
To stay enforcement proceedings until an application for postponement has been heard |
|
49 |
subsection 101 (1) |
To order a person to deliver mortgaged goods to a credit provider |
|
50 |
subsection 101 (2) |
To make orders varying the place at which, or time or period within which, mortgaged goods must be delivered to a credit provider |
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51 |
subsection 106 (1) |
To order a credit provider to credit a mortgagor |
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52 |
subsection 106 (2) |
To order a credit provider to compenstate a mortgagor or mortgagee |
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53 |
subsection 107 (3) |
To determine the amount of enforcement expenses that may be recovered by a credit provider |
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54 |
section 108 |
To order a credit provider to return possession of goods to a mortgagor |
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55 |
section 118 |
To order a credit provider to pay compensation to a debtor or guarantor |
(2) The powers of the Court mentioned in items 2A and 2D of the table may only be exercised by an approved Registrar when dealing with a claim mentioned in section 548 of the Fair Work Act 2009 .
(3) The powers of the Court mentioned in items 35 and 38 to 53 of the table may only be exercised by an approved Registrar when dealing with an application for an order mentioned in subsection 199 (2) of the National Consumer Credit Protection Act 2009 .
Note If a power of the Court is delegated to the Registrar under this rule:
(a) the Registrar has, in exercising the power, the same protection and immunity as a Federal Magistrate has in exercising that power; and
(b) a party, legal practitioner or witness appearing before a Registrar on the hearing of any application or matter, or on the conducting of any conference or enquiry, has the same protection and immunity as if appearing in a proceeding in the Court.
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