Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 73

PART III-AMENDMENTS RELATING TO RULES OF COURT
AND REGULATIONS

73. After section 37 of the Principal Act the following sections are inserted:
Powers of Registrars

''37A. (1) Subject to sub-sections (2) and (3), the following powers of the
Court may be exercised by a Registrar:

   (a)  the power to dispense with the service of any process under this Act;

   (b)  the power to make orders in relation to substituted service;

   (c)  the power, in proceedings under this Act, to make orders in relation
        to discovery, inspection and production of documents in the
        possession, power or custody of a party to the proceedings or of any
        other person;

   (d)  the power, in proceedings under this Act, to direct a party to the
        proceedings to answer particular questions;

   (e)  the power to direct the parties to proceedings under this Act to
        attend conferences conducted by court counsellors or welfare officers;

   (f)  the power, in proceedings under this Act, to make-

        (i)    an order under section 77; or

        (ii)   an order for the payment of maintenance pending the disposal of
               the proceedings;

   (g)  the power to make any order in proceedings under this Act (other than-

        (i)    a decree of dissolution of marriage or nullity of marriage;

        (ii)   a declaration as to the validity of a marriage or of the
               dissolution or annulment of a marriage; or

        (iii)  an order approving a maintenance agreement under section 87),

with the consent of all the parties to proceedings;

   (h)  the power, in proceedings under this Act, to make an order adjourning
        the hearing of the proceedings;

   (j)  the power under section 117 to make an order as to costs;

   (k)  the power to make orders (including an order for garnishment, seizure
        of property or sequestration) for the enforcement of maintenance
        orders;

   (m)  the power to make an order exempting a party to proceedings
        under this Act from compliance with a provision of the regulations or
        Rules of Court;

   (n)  a power of the Court prescribed by Rules of Court made for the
        purposes of this section.

''(2) A Registrar shall not exercise the powers referred to in paragraph (1)
(f) on application by a party to proceedings under this Act unless-

   (a)  the other party to the proceedings appears at the hearing of the
        application; or

   (b)  the Registrar is satisfied that notice of the intention of the
        first-mentioned party to make the application has been served on the
        other party.

''(3) A Registrar shall not exercise the powers referred to in paragraph (1)
(j) except in relation to costs of or in connection with an application heard
by the Registrar.

''(4) The provisions of this Act, the regulations and the Rules of Court that
relate to the exercise by the Court of a power that is, by virtue of
sub-section (1), exercisable by a Registrar apply in relation to an exercise
of the power by a Registrar under this section as if references in those
provisions to the Court or to a court exercising jurisdiction under this Act
were references to the Registrar.

''(5) Notwithstanding any other provision of this Act and any provision of the
Public Service Act 1922 or of any other law, a Registrar is not subject to the
direction or control of any person or body in relation to the manner in which
he exercises powers pursuant to sub-section (1).

''(6) A party to proceedings in which a Registrar has exercised any of the
powers of the Court under sub-section (1) may, within the time prescribed by
the Rules of Court or within such further time as is allowed in accordance
with the Rules of Court, apply to the Court to review that exercise of power.

''(7) The Court may, on application under sub-section (6) or of its own
motion, review an exercise of power by a Registrar pursuant to this section
and may make such order or orders as it thinks fit with respect to the matter
with respect to which the power was exercised.

''(8) Where an application for the exercise of a power referred to in
sub-section (1) is being heard by a Registrar and-

   (a)  the Registrar considers that it is not appropriate for the application
        to be determined by a Registrar acting under this section; or

   (b)  an application is made to the Registrar to arrange for the
        first-mentioned application to be determined by the Court,
the Registrar shall not hear, or continue to hear, the application and shall
make appropriate arrangements for the application to be heard by the Court.

''(9) In this section, 'Registrar' means the Principal Registrar, a Registrar
or a Deputy Registrar of the Court. Independence of Registrars

''37B. (1) Notwithstanding any provision of this Act other than sub-section
(3), and any provision of the Public Service Act 1922 or any other law, in the
performance of a function or the exercise of a power under this Act (other
than a power referred to in sub-section 37A (1)), under the regulations or
under the Rules of Court-

   (a)  the Principal Registrar is subject to the direction and control of the
        Chief Judge and is not subject to the direction or control of any
        other person or body;

   (b)  a Registrar is subject to the direction and control of-

        (i)    the Chief Judge;

        (ii)   any other Judge authorized by the Chief Judge to direct and
               control that Registrar; and

        (iii)  the Principal Registrar,

and is not subject to the direction or control of any other person or body;
and

   (c)  a Deputy Registrar is subject to the direction and control of-

        (i)    the Chief Judge;

        (ii)   any other Judge authorized by the Chief Judge to direct and
               control that Deputy Registrar;

        (iii)  the Principal Registrar; and

        (iv)   the Registrars,

and is not subject to the direction or control of any other person or body.

''(2) Without limiting the generality of sub-section (1), the Principal
Registrar may, subject to this Act and to any directions of the Chief Judge,
make arrangements as to the Registrars or Deputy Registrars who are to perform
any functions or exercise any power under this Act (including any power
referred to in sub-section 37A (1)), under the regulations or under the Rules
of Court in particular matters or classes of matters.

''(3) The powers of the Principal Registrar in relation to the Registrars and
the Deputy Registrars, and the powers of the Registrars in relation to the
Deputy Registrars, shall be exercised subject to the directions of the Chief
Judge.

''(4) Where the Principal Registrar, a Registrar or a Deputy Registrar (in
this sub-section referred to as the 'Registrar') has failed to fulfil his duty
as an officer within the meaning of the Public Service Act 1922 in relation to
the performance of a function or the exercise of a power under this Act (other
than a power under sub-section 37A (1)), under the regulations or under the
Rules of Court, he may be dealt with under Division 6 of Part III of the
Public Service Act 1922 if and only if the Chief Judge requests the person who
is the Chief Officer in relation to the Registrar within the meaning of that
Act so to deal with the Registrar.

''(5) In this section, 'Registrar' means a Registrar of the Court.''.