FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999
This legislation has been repealed.
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