FEDERAL MAGISTRATES ACT 1999
Table of Provisions
PART 1--INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Simplified outline
- 5 Definitions
- 6 Crown to be bound
- 7 External Territories
PART 2--FEDERAL MAGISTRATES COURT
- 8 Creation of Federal Magistrates Court
- 9 Personnel provisions relating to Federal Magistrates
PART 3--JURISDICTION OF THE FEDERAL MAGISTRATES COURT
- 10 Jurisdiction
- 11 Exercise of jurisdiction by single Federal Magistrate
- 12 Arrangement of business of the Federal Magistrates Court
- 13 Exercise of jurisdiction in open court and in Chambers
- 14 Determination of matter completely and finally
- 15 Making of orders and issue of writs
- 16 Declarations of right
- 17 Contempt of court
- 18 Jurisdiction in associated matters
- 19 Proceedings not to be instituted in the Federal Magistrates Court if an associated matter is before the Federal Court or the Family Court
- 20 Appeals
PART 4--PRIMARY DISPUTE RESOLUTION
Division 1--General
- 21 Primary dispute resolution processes
- 22 Federal Magistrates Court to consider whether to advise people to use primary dispute resolution processes
- 23 Federal Magistrates Court to advise people to use primary dispute resolution processes
- 24 Duty of legal practitioners to consider whether to advise people to use primary dispute resolution processes
- 25 Duty of officers of the Federal Magistrates Court to advise people about primary dispute resolution processes
- 26 Conciliation
- 27 Referral of question of law—primary dispute resolution process (other than arbitration)
- 28 Rules of Court about primary dispute resolution processes
- 29 Regulations about primary dispute resolution processes
- 30 Rules of Court about costs of primary dispute resolution processes
- 31 Rules of Court about primary dispute resolution processes under the Family Law Act 1975
- 32 Consent orders
Division 2--Proceedings other than family law or child support proceedings
- 33 Scope of Division
- 34 Mediation
- 35 Arbitration
- 36 Power of arbitrator to refer question of law to the Federal Magistrates Court
- 37 Review of arbitration award on a question of law etc.
- 38 Arbitration awards
PART 5--TRANSFER OF PROCEEDINGS TO THE FEDERAL COURT OR THE FAMILY COURT
- 39 Discretionary transfer of proceedings to the Federal Court or the Family Court
- 40 Rules of Court about discretionary transfer of proceedings
- 41 Mandatory transfer of proceedings to the Federal Court or the Family Court
PART 6--PRACTICE AND PROCEDURE
Division 1--General
- 42 Federal Magistrates Court to operate informally
- 43 Practice and procedure
- 44 Representation
- 45 Interrogatories and discovery
Division 2--Documents filed with the Federal Magistrates Court
- 46 Filing of documents in the Federal Magistrates Court
- 47 Seal of the Federal Magistrates Court
- 48 Federal Magistrates Court stamps
- 49 Writs etc.
- 50 Proceedings may be instituted by application
- 51 Limits on length of documents
Division 3--Conduct of proceedings
- 52 Venue
- 53 Determination of proceedings without a jury
- 54 Decisions without oral hearing
- 55 Limits on the length of oral argument
- 56 Written submissions
- 57 Formal defects not to invalidate
Division 4--Evidence
- 58 Oaths and affirmations
- 59 Swearing of affidavits etc.
- 60 Orders and commissions for examination of witnesses
- 61 Prohibition of publication of evidence etc.
- 62 Time limits on giving of testimony
- 63 Federal Magistrates Court may question witnesses
- 64 Evidence may be given orally or by affidavit
- 65 Offences by witness
Division 5--Use of video links or audio links
- 66 Testimony by video link or audio link
- 67 Appearance of persons by video link or audio link
- 68 Making of submissions by video link or audio link
- 69 Conditions for use of video links and audio links
- 70 Putting documents to a person by video link or audio link
- 71 Administration of oaths and affirmations
- 72 Expenses
- 73 New Zealand proceedings
Division 6--Orders and judgments
- 74 Orders
- 75 Reserved judgments etc.
- 76 Interest up to judgment
- 77 Interest on judgment
- 78 Enforcement of judgment
Division 7--Costs
Division 8--Rules of Court
- 81 Rules of Court
- 82 Documents
- 83 Service
- 84 Evidence
- 85 Orders and judgments
- 86 Costs
- 87 General
- 88 Incidental matters
PART 7--MANAGEMENT OF THE FEDERAL MAGISTRATES COURT
Division 1--Administration of the Federal Magistrates Court
- 89 Management of administrative affairs of the Federal Magistrates
- 90 Arrangements with other courts
- 91 Arrangements with agencies or organisations
- 92 Arrangements for sharing courtrooms and other facilities
- 93 Advisory committees
Division 2--Chief Executive Officer
- 94 Chief Executive Officer
- 95 Personnel provisions relating to the Chief Executive Officer
- 96 Functions of the Chief Executive Officer
- 97 Staff powers
Division 3--Registries
- 98 Registries
Division 4--Other officers and staff
- 99 Officers of the Federal Magistrates Court
- 100 Arrangements relating to Commonwealth staff
- 101 Registrars
- 102 Registrars' powers
- 103 Delegation of powers to Registrars
- 104 Registrars—additional provisions
- 105 Registrars—oath or affirmation of office
- 106 The Sheriff of the Federal Magistrates Court
- 107 Deputy Sheriffs
- 108 Authorised persons to assist the Sheriff or Deputy Sheriffs
- 109 The Marshal of the Federal Magistrates Court
- 110 Deputy Marshals
- 111 Authorised persons to assist the Marshal or Deputy Marshals
- 112 Staff of the Federal Magistrates Court
- 113 Actions by or against Sheriff or Marshal
- 114 Receivers
Division 5--Miscellaneous administrative matters
- 115 Engagement of consultants etc.
- 116 Procedural information to be given to unrepresented parties
- 117 Annual report
- 118 Proceedings arising out of administration of the Federal Magistrates Court