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FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999

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
           Division 1--General

   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
           Division 1--General

   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
           Division 1--Preliminary

   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
           Division 1--Preliminary

   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
           Division 1--Management responsibilities of the Chief Judge and the Chief Executive Officer

   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


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