FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999

Table of Provisions

PART 1--INTRODUCTION

• 1 Short title  
• 2 Commencement  
• 3 Objects  
• 4 Simplified outline  
• 5 Definitions  
• 5A Prior judicial service  
• 6 Crown to be bound  
• 7 External Territories  

PART 2--FEDERAL CIRCUIT COURT OF AUSTRALIA

• 8 Federal Circuit Court of Australia  
• 9 Personnel provisions relating to Judges  

PART 3--JURISDICTION OF THE FEDERAL CIRCUIT COURT OF AUSTRALIA

• 10 Original jurisdiction--general  
• 10AA Original jurisdiction--Commonwealth tenancy disputes  
• 10A General and Fair Work Divisions of the Federal Circuit Court of Australia  
• 11 Exercise of jurisdiction by single Judge  
• 12 Arrangement of business of the Federal Circuit Court of Australia  
• 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  
• 17A Summary judgment  
• 18 Jurisdiction in associated matters  
• 19 Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court  
• 20 Appeals  

PART 4--DISPUTE RESOLUTION FOR PROCEEDINGS OTHER THAN PROCEEDINGS UNDER THE FAMILY LAW ACT 1975

• 20A This Part does not apply to proceedings under the Family Law Act 1975  
• 21 Dispute resolution processes  
• 22 Federal Circuit Court of Australia to consider whether to advise people to use dispute resolution processes  
• 23 Federal Circuit Court of Australia to advise people to use dispute resolution processes  
• 24 Duty of legal practitioners to consider whether to advise people to use dispute resolution processes  
• 25 Duty of officers of the Federal Circuit Court of Australia to advise people about dispute resolution processes  
• 26 Conciliation  
• 27 Referral of question of law--dispute resolution process (other than arbitration)  
• 28 Rules of Court about dispute resolution processes  
• 29 Regulations about dispute resolution processes  
• 30 Rules of Court about costs of dispute resolution processes  
• 31 Rules of Court about 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 Circuit Court of Australia  
• 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

• 42 Federal Circuit Court of Australia to operate informally  
• 43 Practice and procedure  
• 44 Representation  
• 45 Interrogatories and discovery  
Division 2--Documents filed with the Federal Circuit Court of Australia
• 46 Filing of documents in the Federal Circuit Court of Australia  
• 47 Seal of the Federal Circuit Court of Australia  
• 48 Federal Circuit Court of Australia 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  
• 62 Time limits on giving of testimony  
• 63 Federal Circuit Court of Australia 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
• 79 Costs  
• 80 Security for 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 6A--SUPPRESSION AND NON-PUBLICATION ORDERS

• 88A Definitions  
• 88B Powers of Federal Circuit Court of Australia not affected  
• 88C Other laws not affected  
• 88D This Part does not apply to proceedings under the Family Law Act 1975  
Division 2--Suppression and non-publication orders
• 88E Safeguarding public interest in open justice  
• 88F Power to make orders  
• 88G Grounds for making an order  
• 88H Procedure for making an order  
• 88J Interim orders  
• 88K Duration of orders  
• 88L Exception for court officials  
• 88M Contravention of order  

PART 6B--VEXATIOUS PROCEEDINGS

• 88N Definitions  
• 88P Powers of the Federal Circuit Court of Australia not affected  
Division 2--Vexatious proceedings orders
• 88Q Making vexatious proceedings orders  
• 88R Notification of vexatious proceedings orders  
Division 3--Particular consequences of vexatious proceedings orders
• 88S Proceedings in contravention of vexatious proceedings order  
• 88T Application for leave to institute proceedings  
• 88U Dismissing application for leave  
• 88V Granting application for leave  

PART 7--MANAGEMENT OF THE FEDERAL CIRCUIT COURT OF AUSTRALIA

• 89 Management of administrative affairs of the Federal Circuit Court of Australia  
• 90 Arrangements with other courts  
• 91 Arrangements with agencies or organisations  
• 92 Arrangements for sharing courtrooms and other facilities  
• 93 Advisory committees  
Division 1A--Administration of Federal Circuit Court of Australia's family services
• 93A Chief Executive Officer has functions of family consultants  
• 93B Chief Executive Officer may delegate powers and functions that relate to family consultants  
• 93C Chief Executive Officer may give directions that relate to family services functions  
• 93D Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner  
Division 2--Chief Executive Officer
• 96 Functions of the Chief Executive Officer  
• 96A Establishment and appointment of Chief Executive Officer  
• 96B Remuneration of Chief Executive Officer  
• 96C Terms and conditions of appointment of Chief Executive Officer  
• 96D Leave of absence of Chief Executive Officer  
• 96E Resignation of Chief Executive Officer  
• 96F Outside employment of Chief Executive Officer  
• 96G Termination of appointment of Chief Executive Officer  
• 96H Disclosure of interests by Chief Executive Officer  
• 96J Acting Chief Executive Officer  
Division 3--Registries
• 98 Registries  
Division 4--Other officers and staff
• 99 Officers of the Federal Circuit Court of Australia  
• 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 Circuit Court of Australia  
• 107 Deputy Sheriffs  
• 108 Authorised persons to assist the Sheriff or Deputy Sheriffs  
• 109 The Marshal of the Federal Circuit Court of Australia  
• 110 Deputy Marshals  
• 111 Authorised persons to assist the Marshal or Deputy Marshals  
• 111A Family consultants  
• 112 Staff of the Federal Circuit Court of Australia  
• 113 Actions by or against Sheriff or Marshal  
• 113A Making arrests under this Act or warrants  
• 114 Receivers  
Division 5--Miscellaneous administrative matters
• 116 Procedural information to be given to unrepresented parties  
• 117 Annual report  
• 117A Delegation of the administrative powers of the Chief Judge  
• 118 Proceedings arising out of administrative affairs of the Federal Circuit Court of Australia  
• 118A Protection of persons involved in handling etc. complaints  

PART 8--MISCELLANEOUS

• 119 References in other laws to a Judge of the Federal Circuit Court of Australia  
• 120 Regulations  
• SCHEDULE 1 Personnel provisions relating to Judges