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FEDERAL MAGISTRATES COURT RULES 2001 - REG 20.00A

Delegation of powers to Registrars

         (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)

 

Act

 

1

section 52

To order, at any stage, a change of venue

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

 

 

  (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

 

 

(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

 

Fair Work Act 2009

 

2A

paragraph 545 (2) (b)

To order a person to pay compensation

2B

subsection 548 (4)

To amend the papers commencing the proceeding

2C

subsections 548 (5) and (6)

To grant leave for a party to a small claims proceeding to be represented by a lawyer

2D

section 570

To order a party to pay costs incurred by another party

 

Family Law Act

 

3

section 13B

To adjourn proceedings and advise parties to attend family counselling

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

6

subsection 45 (2)

To transfer a case to another court

7

section 48

To make a divorce order in undefended proceedings

8

subsection 55 (2)

To extend or reduce the time for a divorce order to take effect

9

section 55A

To make a declaration about arrangements for children after a divorce

10

section 57

To rescind a divorce order where the parties have become reconciled

11

subsection 60I (9)

To decide if subsection 60I (7) applies to an application for a Part VII order about a child

12

subsection 60I (10)

To order that a person attend family dispute resolution

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

14

subsection 60K (2)

To make procedural orders for allegations of child abuse or family violence

15

subsection 63E (3)

To register a revocation agreement

16

subsection 67M (2)

To make a location order

17

subsection 67N (2)

To make a Commonwealth information order

18

section 68L

To make an order that a child's interests are to be independently represented

19

section 69ZW

To make an order in child-related proceedings requesting a State or Territory agency to provide documents or information

21

subsection 91B (1)

To request that a child welfare officer intervene in a case

22

subsection 92 (1)

To make an order entitling a person to intervene in a case

23

subsection 97 (1A)

To hear proceedings sitting in chambers

24

subsection 97 (2)

To make an order about specified persons being present in Court

25

section 98A

To make an order approving an undefended application for divorce without the parties being present

26

section 101

To protect a witness in a case

27

section 106A

To appoint a person to execute a deed or instrument

28

subsection 114 (3)

To grant an injunction

 

Family Law Regulations

 

29

subregulation 4 (1)

To make an order about practice and procedure in particular circumstances

30

regulation 5

To direct proceeding is void for non-compliance with the Regulations, Rules or procedures

 

Federal Magistrates Court Rules 2001

 

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

32

rule 29.07

To make an order, issue a writ or take another step to enforce a judgement or order

33

rule 45.13

To grant leave for a party to a small claims application to be represented by a lawyer

34

rule 46.4

To grant leave for a party to a small claims proceeding to be represented by a lawyer

 

National Consumer Credit Protection Act 2009

 

35

section 178

To order a person to pay compensation

36

subsection 199 (6)

To amend the papers commencing the proceedings

37

subsections 199 (7) and (8)

To grant leave for a party to a small claims proceeding to be represented by a lawyer

38

section 200

To order a party to pay costs incurred by another party

 

National Credit Code

 

39

section 37

To order a credit provider to provide a statement

40

subsection 38 (7)

To determine a disputed liability and make consequential orders

41

subsection 74 (2)

To make orders changing, or refusing to change, the terms of a credit contract

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

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

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

51

subsection 106 (1)

To order a credit provider to credit a mortgagor

52

subsection 106 (2)

To order a credit provider to compenstate a mortgagor or mortgagee

53

subsection 107 (3)

To determine the amount of enforcement expenses that may be recovered by a credit provider

54

section 108

To order a credit provider to return possession of goods to a mortgagor

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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