Commonwealth: Federal Circuit and Family Court of Australia Act 2021 (Cth)

Federal Circuit and Family Court of Australia Act 2021 No. 12, 2021 Compilation No. 11 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Federal Circuit and Family Court of Australia Act 2021 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Crown to be bound 4 External Territories Division 2—Objects of this Act 5 Objects of this Act Division 3—Simplified outline of this Act 6 Simplified outline of this Act Part 2—Definitions 7 Definitions Chapter 2—Federal Circuit and Family Court of Australia 8 Federal Circuit and Family Court of Australia 9 Federal Circuit and Family Court of Australia (Division 1) 10 Federal Circuit and Family Court of Australia (Division 2) Chapter 3—Federal Circuit and Family Court of Australia (Division 1) Part 1—Constitution Division 1—Constitution 11 Appointment of Judges 12 Judges to be assigned to particular location 13 Authorised Judges may manage classes of proceedings 14 Style 15 Seniority 16 Oath or affirmation of allegiance and office 17 Constitution of a Full Court Division 2—Terms and conditions of judges 18 Remuneration 19 Resignation from office 20 Removal from office Division 3—Judges of 2 or more courts 21 Dual appointments 22 Judge also holding office of a prescribed court 23 Judge also holding office of a State Family Court Division 4—Acting Chief Justice 24 Acting Chief Justice Part 2—Jurisdiction Division 1—Original jurisdiction 25 Original jurisdiction Division 2—Appellate jurisdiction 26 Appeals 27 Family law regulations to be sole source of certain appellate jurisdiction 28 Leave to appeal needed for some family law or child support proceedings Division 3—Associated matters 29 Jurisdiction in associated matters Division 4—Exercise of jurisdiction Subdivision A—Original jurisdiction 30 Exercise of original jurisdiction Subdivision B—Appellate jurisdiction (other than relating to courts of summary jurisdiction) 31 Application 32 Exercise of appellate jurisdiction 33 Appeal may be determined without an oral hearing 34 Cases stated and questions reserved 35 Evidence on appeal 36 Form of judgment on appeal 37 Court divided in opinion 38 Stay of proceedings and suspension of orders 39 Appeals relating to court security orders 40 Exercise of certain appellate jurisdiction under family law regulations Subdivision C—Appellate jurisdiction relating to courts of summary jurisdiction 41 Application 42 Exercise of appellate jurisdiction Subdivision D—Miscellaneous 43 Determination of matter completely and finally Division 5—Certain powers relating to matters of jurisdiction 44 Making of orders and issuing writs 45 Contempt of court 46 Summary judgment Division 6—Administration 47 Arrangement of business 48 Complaints 49 Protection for the Chief Justice and Deputy Chief Justice Part 3—Certain proceedings not to be instituted in Federal Circuit and Family Court of Australia (Division 1) 50 Prohibition on instituting first instance family law or child support proceedings Part 4—Transfer of proceedings 51 Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2) 52 Discretionary transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 2) 53 Rules of Court 54 Delegation Part 5—Appeals 55 Appeals to the High Court Part 6—Practice and procedure Division 1—General 56 Practice and procedure 57 Representation Division 2—Documents filed in the Federal Circuit and Family Court of Australia (Division 1) 58 Filing of documents in the Federal Circuit and Family Court of Australia (Division 1) 59 Seal of the Federal Circuit and Family Court of Australia (Division 1) 60 Federal Circuit and Family Court of Australia (Division 1) stamps 61 Writs etc. 62 Proceedings may be instituted by application 63 Limits on length of documents Division 3—Conduct of proceedings 64 Place of sitting 65 Change of venue 66 Formal defects not to invalidate Division 4—Case management 67 Overarching purpose of civil practice and procedure provisions 68 Parties to act consistently with the overarching purpose 68A Proceedings under the Family Law Act 1975 69 Power of the Federal Circuit and Family Court of Australia (Division 1) to give directions about practice and procedure in a civil proceeding 70 Chief Justice to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 2) Division 5—Evidence 71 Oaths and affirmations 72 Swearing of affidavits etc. 73 Orders and commissions for examination of witnesses Division 6—Judgments 74 Reserved judgments etc. Division 7—Common approaches with the Federal Circuit and Family Court of Australia (Division 2) 75 Chief Justice to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 2) Division 8—Rules of Court 76 Rules of Court Part 7—Management and administration Division 1—Management responsibilities of the Chief Justice 78 Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 1) 79 Arrangements with other courts 80 Arrangements with agencies or organisations 81 Arrangements for sharing courtrooms and other facilities 82 Advisory committees Division 2—Chief Executive Officer Subdivision A—Functions and powers 83 Chief Executive Officer 84 Function of Chief Executive Officer 85 Powers of Chief Executive Officer Subdivision B—Terms and conditions of appointment 86 Appointment 87 Term of appointment 88 Remuneration and allowances 89 Leave of absence 90 Outside employment 91 Disclosure of interests 92 Other terms and conditions 93 Resignation 94 Termination of appointment 95 Acting Chief Executive Officer Division 3—Registries and registrars 96 Registries 97 Senior Registrars and Registrars 98 Delegation 99 Independence of delegates 100 Review of power exercised by delegate 101 Protection for Registrars 102 Oath or affirmation of office Division 4—Other officers and staff 103 Officers of the Federal Circuit and Family Court of Australia (Division 1) 104 Marshal 105 Delegation by Registry Managers Division 5—Miscellaneous administrative matters 106 Procedural information to be given to unrepresented parties 107 Annual report 108 Delegation of administrative powers of Chief Justice 109 Proceedings arising out of administration of the Federal Circuit and Family Court of Australia (Division 1) 110 Protection of persons involved in handling etc. complaints Chapter 4—Federal Circuit and Family Court of Australia (Division 2) Part 1—Constitution Division 1—Constitution 111 Appointment of Judges 112 Assignment of Judges to Divisions 113 Authorised Judges may manage classes of proceedings 114 Style 115 Oath or affirmation of office Division 2—Terms and conditions of serving Judges 116 Remuneration 117 Leave 118 Outside work 119 Other terms and conditions 120 Resignation from office 121 Removal from office Division 3—Disability and death benefits 122 Certification of retired disabled Judges 123 Pensions for retired disabled Judges 124 Superannuation for retired disabled Judges 125 Death benefits 126 Relationship definitions 127 Meaning of eligible child 128 Appropriation Division 4—Judges of 2 or more courts 129 Dual appointments Division 5—Acting Chief Judge 130 Acting Chief Judge Part 2—Jurisdiction Division 1—Original jurisdiction 131 Original jurisdiction—general 132 Original jurisdiction—family law or child support matters 133 Original jurisdiction—Commonwealth tenancy disputes Division 2—Associated matters 134 Jurisdiction in associated matters Division 3—Exercise of jurisdiction 135 General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2) 136 Exercise of jurisdiction—open court or in Chambers 137 Exercise of jurisdiction 138 Decisions to be final 139 Determination of matter completely and finally Division 4—Certain powers relating to matters of jurisdiction 140 Making of orders and issue of writs 141 Declarations of right 142 Contempt of court 143 Summary judgment Division 5—Administration 144 Arrangement of business 145 Complaints 146 Exercise of powers of General and Fair Work Divisions of the Federal Circuit and Family Court of Australia (Division 2) 147 Assignment of Judges to locations or registries 148 Protection for Chief Judge and Deputy Chief Judge Part 3—Transfer of proceedings Division 1—Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1) 149 Discretionary transfer of proceedings 150 Transferred proceedings returned to the Federal Circuit and Family Court of Australia (Division 2) 151 Rules of Court 152 Delegation Division 2—Transfer of proceedings to the Federal Court 153 Discretionary transfer of proceedings 154 Rules of Court Part 4—Appeals 155 Appeals to the High Court may not be brought Part 5—Dispute resolution for proceedings other than proceedings under the Family Law Act 1975 Division 1—General 156 This Part does not apply to proceedings under the Family Law Act 1975 157 Federal Circuit and Family Court of Australia (Division 2) to consider whether to advise people to use dispute resolution processes 158 Federal Circuit and Family Court of Australia (Division 2) to advise people to use dispute resolution processes 159 Duty of legal practitioners to consider whether to advise people to use dispute resolution processes 160 Officers of the Federal Circuit and Family Court of Australia (Division 2) to advise people about dispute resolution processes 161 Conciliation 162 Referral of question of law—dispute resolution process (other than arbitration) 163 Rules of Court about dispute resolution processes 164 Regulations about dispute resolution processes 165 Rules of Court about costs of dispute resolution processes 166 Rules of Court about dispute resolution processes under the Family Law Act 1975 167 Consent orders Division 2—Proceedings other than family law or child support proceedings 168 Scope of Division 169 Mediation 170 Arbitration 171 Power of arbitrator to refer question of law to the Federal Circuit and Family Court of Australia (Division 2) 172 Review of arbitration award on a question of law etc. 173 Arbitration awards Part 6—Practice and procedure Division 1—General 174 Practice and procedure 175 Representation 176 Interrogatories and discovery Division 2—Documents filed in the Federal Circuit and Family Court of Australia (Division 2) 177 Filing of documents in the Federal Circuit and Family Court of Australia (Division 2) 178 Seal of the Federal Circuit and Family Court of Australia (Division 2) 179 Federal Circuit and Family Court of Australia (Division 2) stamps 180 Writs etc. 181 Proceedings may be instituted by application 182 Limits on length of documents Division 3—Conduct of proceedings 183 Place of sitting 184 Change of venue 185 Determination of proceedings without a jury 186 Decisions without oral hearing 187 Limits on the length of oral argument 188 Written submissions 189 Formal defects not to invalidate Division 4—Case management 190 Overarching purpose of civil practice and procedure provisions 191 Parties to act consistently with the overarching purpose 191A Proceedings under the Family Law Act 1975 192 Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding 193 Chief Judge to achieve common approaches to case management with the Federal Circuit and Family Court of Australia (Division 1) Division 5—Evidence 194 Oaths and affirmations 195 Swearing of affidavits etc. 196 Orders and commissions for examination of witnesses 197 Time limits on giving of testimony 198 Federal Circuit and Family Court of Australia (Division 2) may question witnesses 199 Evidence may be given orally or by affidavit 200 Offences by witness Division 6—Use of video links or audio links 201 Testimony by video link or audio link 202 Appearance of persons by video link or audio link 203 Making of submissions by video link or audio link 204 Conditions for use of video links and audio links 205 Putting documents to a person by video link or audio link 206 Administration of oaths and affirmations 207 Expenses 208 New Zealand proceedings Division 7—Orders and judgments 209 Orders 210 Reserved judgments etc. 211 Interest up to judgment 212 Interest on judgment 213 Enforcement of judgment Division 8—Costs 214 Costs 215 Security for costs Division 9—Common approaches with the Federal Circuit and Family Court of Australia (Division 1) 216 Chief Judge to achieve common approaches with the Federal Circuit and Family Court of Australia (Division 1) Division 10—Rules of Court 217 Rules of Court 219 Documents 220 Service 221 Evidence 222 Orders and judgments 223 Costs 224 General 225 Incidental matters Part 7—Suppression and non‑publication orders Division 1—Introduction 226 Powers of Federal Circuit and Family Court of Australia (Division 2) not affected 227 Other laws not affected 228 This Part does not apply to proceedings under the Family Law Act 1975 Division 2—Suppression and non‑publication orders 229 Safeguarding public interest in open justice 230 Power to make orders 231 Grounds for making an order 232 Procedure for making an order 233 Interim orders 234 Duration of orders 235 Exception for court officials 236 Contravention of order Part 8—Vexatious proceedings Division 1—Introduction 237 Meaning of a person acting in concert 238 Powers of the Federal Circuit and Family Court of Australia (Division 2) not affected Division 2—Vexatious proceedings orders 239 Making vexatious proceedings orders 240 Notification of vexatious proceedings orders Division 3—Particular consequences of vexatious proceedings orders 241 Proceedings in contravention of vexatious proceedings order 242 Application for leave to institute proceedings 243 Dismissing application for leave 244 Granting application for leave Part 9—Management and administration Division 1—Management responsibilities of the Chief Judge and the Chief Executive Officer 245 Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2) 246 Arrangements with other courts 247 Arrangements with agencies or organisations 248 Arrangements for sharing courtrooms and other facilities 249 Advisory committees Division 2—Chief Executive Officer 250 Function of Chief Executive Officer 251 Powers of Chief Executive Officer Division 3—Registries and registrars 252 Registries 253 Senior Registrars and Registrars 254 Delegation 255 Independence of delegates 256 Review of power exercised by delegate 257 Protection for Registrars 258 Oath or affirmation of office Division 4—Other officers and staff Subdivision A—Officers and staff 259 Officers of the Federal Circuit and Family Court of Australia (Division 2) 260 Sheriff 261 Deputy Sheriffs 262 Marshal 263 Deputy Marshals 264 Family consultants 265 Staff of the Federal Circuit and Family Court of Australia (Division 2) Subdivision B—Provisions relating to officers and staff 266 Arrangements relating to Commonwealth staff 267 Delegation by Registry Managers 268 Authorised persons to assist the Sheriff or Deputy Sheriffs 269 Authorised persons to assist the Marshal or Deputy Marshals 270 Actions by or against Sheriff or Marshal 271 Making arrests under this Chapter or warrants 272 Receivers Division 5—Miscellaneous administrative matters 273 Procedural information to be given to unrepresented parties 274 Annual report 275 Delegation of the administrative powers of the Chief Judge 276 Proceedings arising out of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2) 277 Protection of persons involved in handling etc. complaints Part 10—Miscellaneous 277A Immunity for Judges of Federal Circuit and Family Court of Australia (Division 2) Chapter 5—Miscellaneous Part 1—Administration of family services 278 Chief Executive Officer has functions of family consultants 279 Chief Executive Officer may delegate powers and functions that relate to family consultants 280 Chief Executive Officer may give directions that relate to family services functions 281 Chief Executive Officer may authorise officers or staff members to act as family counsellor or family dispute resolution practitioner Part 2—Miscellaneous 282 References in other laws to a Judge of the Federal Circuit and Family Court of Australia 283 References in other laws to a Registrar of the Federal Circuit and Family Court of Australia 284 Review of operation of this Act 285 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the Federal Circuit and Family Court of Australia, and for other purposes Chapter 1—Introduction Part 1—Introduction Division 1—Preliminary 1 Short title This Act is the Federal Circuit and Family Court of Australia Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 1 September 2021 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 4 External Territories This Act extends to every external Territory. Division 2—Objects of this Act 5 Objects of this Act The objects of this Act are: (a) to ensure that justice is delivered by federal courts effectively and efficiently; and (b) to provide for just outcomes, in particular, in family law or child support proceedings; and (c) to provide a framework to facilitate cooperation between the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) with the aim of ensuring: (i) common rules of court and forms; and (ii) common practices and procedures; and (iii) common approaches to case management. Division 3—Simplified outline of this Act 6 Simplified outline of this Act The federal court known as the Family Court of Australia continues in existence as the Federal Circuit and Family Court of Australia (Division 1). The Court consists of the Chief Justice, the Deputy Chief Justice, Senior Judges and other Judges. The Court has original jurisdiction in matters that are the subject of family law or child support proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2) or as conferred by another law of the Commonwealth, and has appellate jurisdiction in family law and child support matters. The federal court known as the Federal Circuit Court of Australia continues in existence as the Federal Circuit and Family Court of Australia (Division 2). The Court consists of the Chief Judge, 2 Deputy Chief Judges and other Judges. The Court has original jurisdiction in general federal law matters, as well as family law and child support matters. All proceedings before the Federal Circuit and Family Court of Australia are subject to case management. The overarching purpose of case management is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible. Judges may be authorised to manage classes of proceedings. The parties and their lawyers are required to cooperate with the Federal Circuit and Family Court of Australia, and among themselves, to assist in achieving the overarching purpose. The Chief Executive Officer is to assist the Chief Justice and the Chief Judge in managing the administrative affairs of the Federal Circuit and Family Court of Australia. Registrars and other officers of the Federal Circuit and Family Court of Australia may hold appointments as officers of more than one of the following courts: (a) the Federal Circuit and Family Court of Australia (Division 1); (b) the Federal Circuit and Family Court of Australia (Division 2); (c) the Federal Court. Part 2—Definitions 7 Definitions (1) In this Act: administrative affairs: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), has a meaning affected by subsection 78(2); and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), has a meaning affected by subsection 245(2). Agency has the same meaning as in the Public Service Act 1999. Agency Head has the same meaning as in the Public Service Act 1999. audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places. Australia, when used in a geographical sense, includes every external Territory. Australian court means a federal court or a court of a State or Territory. Australian court or tribunal means a court or tribunal of the Commonwealth, a State or a Territory. beneficiary, in respect of a payment under section 125, has the meaning given by subsection 125(4). Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1). Chief Judge means the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2). Chief Justice means the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1). Child Support (Assessment) Act 1989 includes regulations made under that Act. Child Support (Registration and Collection) Act 1988 includes regulations made under that Act. civil practice and procedure provisions: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by subsection 67(4); and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by subsection 190(4). commencement day means the day this Act commences. Commonwealth officer or employee means a person who: (a) is appointed or engaged under the Public Service Act 1999; or (b) is appointed under another law of the Commonwealth; or (c) holds an office established by a law of the Commonwealth; or (d) is employed by a public authority of the Commonwealth; or (e) is a member of the Australian Defence Force; or (f) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979). Commonwealth superannuation contribution, in respect of a Judge or retired disabled Judge of the Federal Circuit and Family Court of Australia (Division 2), means a Commonwealth contribution to the Judge's choice of: (a) a complying superannuation fund (within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993); or (b) a retirement savings account (within the meaning of section 8 of the Retirement Savings Accounts Act 1997). Commonwealth tenancy dispute means a matter: (a) involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about: (i) the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or (ii) the termination of the lease, licence or other arrangement; or (iii) the possession, occupation or use of the land; and (b) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party. complaint: (a) in Chapter 3, means a complaint mentioned in paragraph 47(2)(d); and (b) in Chapter 4, means a complaint mentioned in paragraph 144(2)(d). complaint handler: (a) in Chapter 3, means any of the following persons: (i) the Chief Justice; (ii) a person who is authorised by the Chief Justice under subsection 48(2); (iii) a person who is a member of a body that is authorised by the Chief Justice under subsection 48(2); and (b) in Chapter 4, means any of the following persons: (i) the Chief Judge; (ii) a person who is authorised by the Chief Judge under subsection 145(2); (iii) a person who is a member of a body that is authorised by the Chief Judge under subsection 145(2). conveyance includes a vehicle, a vessel and an aircraft. corporate services: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), has the meaning given by subsection 78(3); and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), has the meaning given by subsection 245(3). CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. delegate: (a) in Chapter 3, means: (i) the Chief Executive Officer; or (ii) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and (b) in Chapter 4, means: (i) the Chief Executive Officer; or (ii) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2). Deputy Chief Judge means the Deputy Chief Judge (Family Law) or the Deputy Chief Judge (General and Fair Work) of the Federal Circuit and Family Court of Australia (Division 2). Deputy Chief Judge (Family Law) means the Deputy Chief Judge (Family Law) of the Federal Circuit and Family Court of Australia (Division 2). Deputy Chief Judge (General and Fair Work) means the Deputy Chief Judge (General and Fair Work) of the Federal Circuit and Family Court of Australia (Division 2). Deputy Chief Justice means the Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1). dispute resolution processes means procedures and services for the resolution of disputes otherwise than by way of the exercise of the judicial power of the Commonwealth, and includes: (a) counselling; and (b) mediation; and (c) arbitration; and (d) neutral evaluation; and (e) case appraisal; and (f) conciliation. Division means the General Division or the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2). dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night. electronic signature of a person means the person's unique identification in an electronic form that is approved by the Chief Executive Officer. eligible child has the meaning given by section 127. eligible spouse has the meaning given by section 126. excluded child order means: (a) a parenting order to the extent to which it provides that: (i) a child is to live with a person; or (ii) a child is to spend time with a person; or (iii) a child is to communicate with a person; or (iv) a person is to have parental responsibility for a child; or (b) an order in relation to the welfare of a child; other than: (ba) an order made under section 70NBB (make‑up time parenting orders) of the Family Law Act 1975; or (c) an order made until further order; or (d) an order made in undefended proceedings; or (e) an order made with the consent of all the parties to the proceedings. Family Law Act 1975 includes regulations made under that Act. family law or child support proceedings means proceedings in respect of which the Federal Circuit and Family Court of Australia (Division 2) has original jurisdiction under section 132. Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2). Federal Court means the Federal Court of Australia. Full Court means a Full Court of the Federal Circuit and Family Court of Australia (Division 1) constituted in accordance with section 17. handle a complaint means do one or more of the following acts relating to the complaint: (a) consider the complaint; (b) investigate the complaint; (c) report on an investigation of the complaint; (d) deal with a report of an investigation of the complaint; (e) dispose of the complaint; (f) refer the complaint to a person or body. information includes any document. institute, in relation to proceedings and the power of the Federal Circuit and Family Court of Australia (Division 2) to deal with vexatious proceedings, includes: (a) for civil proceedings—the taking of a step or the making of an application that may be necessary before proceedings can be started against a party; and (b) for proceedings before a tribunal—the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and (c) for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and (d) for civil or criminal proceedings or proceedings before a tribunal—the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings. Judge: (a) in Chapter 3, means a person holding office as a Judge of the Federal Circuit and Family Court of Australia (Division 1), including the Chief Justice, Deputy Chief Justice and a Senior Judge; and (b) in Chapter 4, means a person holding office as a Judge of the Federal Circuit and Family Court of Australia (Division 2), including the Chief Judge and a Deputy Chief Judge. judgment means a judgment, decree or order, whether final or interlocutory, a decision or a sentence, and includes a decree within the meaning of the Family Law Act 1975. living with a person has the meaning given by subsection 126(8). Magistrates Court of Western Australia means the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia. marital or couple relationship has the meaning given by subsection 126(5). news publisher means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium. non‑publication order means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information). overarching purpose: (a) of the civil practice and procedure provisions in relation to the Federal Circuit and Family Court of Australia (Division 1), means the overarching purpose set out in subsection 67(1); and (b) of the civil practice and procedure provisions in relation to the Federal Circuit and Family Court of Australia (Division 2), means the overarching purpose set out in subsection 190(1). paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). partner: a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes). party to a proceeding, in the context of a decision by the Federal Circuit and Family Court of Australia (Division 2) about whether to make a suppression order or non‑publication order, includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded. police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory. premises includes a place and a conveyance. prior judicial service, in relation to a retired disabled Judge of the Federal Circuit and Family Court of Australia (Division 2), means service, prior to the Judge's appointment as a Judge of the Court (and in the case of more than one appointment as a Judge of the Court, the Judge's most recent appointment), as one of the following: (a) a Justice or Judge of a federal court; (b) the holder of an office, being an office the holder of which has, by virtue of an Act, the same status as a Justice or Judge of a federal court; (c) a Judge of the Federal Circuit and Family Court of Australia (Division 2); (d) a Judge or acting Judge of a court of a State or Territory; (e) a magistrate of a State or Territory; (f) in the case of a State or Territory office that qualifies the holder of the office for a pension or retiring allowance under a law of the State or Territory relating to pensions or retiring allowances payable to retired Judges—a holder of the office (including an acting holder). proceeding: (a) in relation to a court—means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal; and (b) in relation to a tribunal—means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding. proceedings of a particular type includes: (a) proceedings in relation to a particular matter; and (b) proceedings against a particular person. public authority of the Commonwealth means: (a) a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or (b) an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or (c) an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control. publish, in relation to a news publisher, means disseminate or provide access to the public or a section of the public by any means, including by: (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or publication by means of the internet. Registrar: (a) in Chapter 3, means a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and (b) in Chapter 4, means a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2). Registry Manager: (a) in Chapter 3, means a Registry Manager of the Federal Circuit and Family Court of Australia (Division 1); and (b) in Chapter 4, means a Registry Manager of the Federal Circuit and Family Court of Australia (Division 2). relevant belief: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), has the meaning given by subsection 48(4); and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), has the meaning given by subsection 145(4). retired disabled Judge of the Federal Circuit and Family Court of Australia (Division 2) means a person certified by the Minister to be a retired disabled Judge under paragraph 122(2)(a). retires, in relation to a Judge of the Federal Circuit and Family Court of Australia (Division 2), means ceases, otherwise than by death, to hold any office as a Judge. Rules of Court: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), means Rules of Court made under Chapter 3; and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), means Rules of Court made under Chapter 4. suppression order means an order that prohibits or restricts the disclosure of information (by publication or otherwise). vexatious proceeding includes: (a) a proceeding that is an abuse of the process of a court or tribunal; and (b) a proceeding instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and (c) a proceeding instituted or pursued in a court or tribunal without reasonable ground; and (d) a proceeding conducted in a court or tribunal in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose. vexatious proceedings order means an order made under subsection 239(2). video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places. (2) An expression has the same meaning in this Act as it has in the Family Law Act 1975 (other than the expression "this Act"). (3) To the extent of any inconsistency between the meaning of an expression defined in this Act and the Family Law Act 1975, the meaning of the expression in this Act prevails. Chapter 2—Federal Circuit and Family Court of Australia 8 Federal Circuit and Family Court of Australia (1) The federal court known immediately before the commencement day as the Family Court of Australia is continued in existence as the Federal Circuit and Family Court of Australia (Division 1). (2) The federal court known immediately before the commencement day as the Federal Circuit Court of Australia is continued in existence as the Federal Circuit and Family Court of Australia (Division 2). Note: The Parliament may create federal courts under Chapter III of the Constitution. 9 Federal Circuit and Family Court of Australia (Division 1) (1) The Federal Circuit and Family Court of Australia (Division 1) is: (a) a superior court of record; and (b) a court of law and equity. (2) The Federal Circuit and Family Court of Australia (Division 1) consists of the following: (a) a Chief Justice; (b) a Deputy Chief Justice; (c) such Senior Judges and other Judges as from time to time hold office in accordance with this Act. (3) At least 25 Judges are to hold office in accordance with this Act. (4) In working out whether at least 25 Judges hold office: (a) include the Chief Justice and Deputy Chief Justice; and (b) do not include a Judge who is also a judge of the Family Court of Western Australia. 10 Federal Circuit and Family Court of Australia (Division 2) (1) The Federal Circuit and Family Court of Australia (Division 2) is: (a) a court of record; and (b) a court of law and equity. (2) The Federal Circuit and Family Court of Australia (Division 2) consists of the following: (a) a Chief Judge; (b) 2 Deputy Chief Judges; (c) such other Judges as from time to time hold office in accordance with this Act. Chapter 3—Federal Circuit and Family Court of Australia (Division 1) Part 1—Constitution Division 1—Constitution 11 Appointment of Judges (1) A Judge is to be appointed by the Governor‑General by commission. (2) A person is not to be appointed as a Judge unless: (a) the person is or has been: (i) a Judge of another court created by the Parliament or of a court of a State; or (ii) enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory, for at least 5 years; and (b) by reason of knowledge, skills, experience and aptitude, the person is a suitable person to deal with family law matters, including matters involving family violence. (3) A person must not be appointed as a Judge if the person has attained the age of 70 years. (4) The appointment of a Judge (including by way of promotion or to another judicial office) is to be for a term expiring upon the Judge attaining the age of 70 years. Note 1: Section 72 of the Constitution sets out requirements relating to the appointment and tenure of Judges. Note 2: Division 2 of this Part deals with terms and conditions of appointment. 12 Judges to be assigned to particular location (1) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge: (a) must not sit at another location on a permanent basis unless the Minister and the Chief Justice consent; and (b) cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and (c) may sit at another location on a temporary basis. (2) In deciding whether to consent as mentioned in paragraph (1)(a), the Chief Justice has the same protection and immunity as if the Chief Justice were making that decision as, or as a member of, the Federal Circuit and Family Court of Australia (Division 1). (3) Despite section 39B of the Judiciary Act 1903, the Federal Court does not have jurisdiction with respect to a matter relating to the exercise by the Minister or the Chief Justice of the power to consent as mentioned in paragraph (1)(a). 13 Authorised Judges may manage classes of proceedings (1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified: (a) in the instrument; or (b) by the Rules of Court. (2) In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice. (3) The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation. (4) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument. 14 Style Chief Justice (1) The Chief Justice is to be styled "the Honourable Chief Justice (name) of the Federal Circuit and Family Court of Australia (Division 1)". Deputy Chief Justice (2) The Deputy Chief Justice is to be styled "the Honourable Deputy Chief Justice (name) of the Federal Circuit and Family Court of Australia (Division 1)". Other Judges (3) A Judge (other than the Chief Justice or Deputy Chief Justice) is to be styled "the Honourable". Former Judges (4) A former Judge is to be styled "the Honourable". 15 Seniority (1) The order of seniority of the Judges of the Federal Circuit and Family Court of Australia (Division 1) is as follows: (a) the Chief Justice; (b) the Deputy Chief Justice; (c) Senior Judges, according to the days on which their appointments as Senior Judges took effect; (d) Judges (other than Senior Judges), according to the days on which their appointments as Judges took effect. (2) If 2 or more commissions of appointment as Judge took effect on the same day, those Judges have such seniority in relation to each other as is assigned to them by the Governor‑General. 16 Oath or affirmation of allegiance and office (1) Before proceeding to discharge the duties of office, a Judge must take: (a) an oath or affirmation of allegiance in the form in the Schedule to the Constitution; and (b) an oath or affirmation in accordance with the form set out in whichever of subsection (3) or (4) is applicable. (2) The oaths or affirmations must be taken before: (a) the Chief Justice; or (b) a Justice of the High Court; or (c) another Judge of the Federal Circuit and Family Court of Australia (Division 1); or (d) a Judge of another court created by the Parliament. Oath (3) This is the form of oath for the purposes of paragraph (1)(b): I, , do swear that I will well and truly serve in the office of (Chief Justice, Deputy Chief Justice, Senior Judge or Judge, as the case may be) of the Federal Circuit and Family Court of Australia (Division 1) and that I will do right to all manner of people according to law, without fear or favour, affection or ill‑will. So help me God! Affirmation (4) This is the form of affirmation for the purposes of paragraph (1)(b): I, , do solemnly and sincerely promise and declare that I will well and truly serve in the office of (Chief Justice, Deputy Chief Justice, Senior Judge or Judge, as the case may be) of the Federal Circuit and Family Court of Australia (Division 1) and that I will do right to all manner of people according to law without fear or favour, affection or ill‑will. 17 Constitution of a Full Court (1) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) consists of 3 or more Judges sitting together or, to the extent allowed by subsection (2), of 2 Judges sitting together. (2) If, after a Full Court has started the hearing, or further hearing, of a proceeding and before the proceeding has been determined, one of the Judges constituting the Full Court dies, resigns the Judge's office or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceeding, then the hearing and determination, or the determination, of the proceeding may be completed by a Full Court constituted by the remaining Judges, if: (a) at least 3 Judges remain; or (b) 2 Judges remain and the parties consent. (3) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) constituted in accordance with subsection (2) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted. Division 2—Terms and conditions of judges 18 Remuneration (1) A Judge is to receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament. (2) The salary and annual allowances of a Judge: (a) accrue from day to day; and (b) are payable monthly. (3) The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and annual allowances in accordance with this section. Note 1: A Judge's remuneration may not be diminished during the Judge's continuance in office: see paragraph 72(iii) of the Constitution. Note 2: Under subsection 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal may determine any matter significantly related to the remuneration of Judges. 19 Resignation from office (1) A Judge may resign office by delivering a written resignation to the Governor‑General. (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. 20 Removal from office A Judge must not be removed from office except by the Governor‑General, on an address from both Houses of the Parliament in the same session, praying for the Judge's removal on the ground of proved misbehaviour or incapacity. Division 3—Judges of 2 or more courts 21 Dual appointments Chief Justice (1) Nothing in this Act prevents the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) from being appointed to, and holding at the same time, the office of Chief Judge of the Federal Circuit and Family Court of Australia (Division 2). Deputy Chief Justice (2) Nothing in this Act prevents the Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) from being appointed to, and holding at the same time, the office of the Deputy Chief Judge (Family Law) of the Federal Circuit and Family Court of Australia (Division 2). 22 Judge also holding office of a prescribed court (1) Despite any provision of any other Act, a person may hold office at the one time as: (a) a Judge of the Federal Circuit and Family Court of Australia (Division 1); and (b) a Judge of a prescribed court or of 2 or more prescribed courts. (2) In this section: prescribed court means: (a) a court (other than the Federal Circuit and Family Court of Australia (Division 1)) created by the Parliament; or (b) the Supreme Court of the Northern Territory. 23 Judge also holding office of a State Family Court (1) If a person who holds office as a Judge of the Federal Circuit and Family Court of Australia (Division 1) is appointed or serves as a Judge of a Family Court of a State, the appointment or service does not affect: (a) the person's tenure of office of Judge of the Federal Circuit and Family Court of Australia (Division 1); or (b) the person's rank, title, status, precedence, salary or annual allowance, or other rights or privileges, as the holder of the office of Judge of the Federal Circuit and Family Court of Australia (Division 1); and, for all purposes, the person's service as a Judge of the Family Court of that State is taken to be service as the holder of the office of Judge of the Federal Circuit and Family Court of Australia (Division 1). (2) A person: (a) may be appointed to the office of Judge of the Federal Circuit and Family Court of Australia (Division 1), regardless of whether the person holds an office of Judge of a Family Court of a State; and (b) may serve in that office of Judge of the Federal Circuit and Family Court of Australia (Division 1) even if the person continues to hold, and serve in, the office of Judge of the Family Court of that State. Division 4—Acting Chief Justice 24 Acting Chief Justice (1) The Deputy Chief Justice may act as Chief Justice: (a) during a vacancy in the office of Chief Justice (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chief Justice: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (2) The Minister may, by written instrument, appoint a Judge to act as the Chief Justice: (a) during a vacancy in the offices of Chief Justice and Deputy Chief Justice (whether or not an appointment has previously been made to either office); or (b) during any period, or all periods, when both the Chief Justice and Deputy Chief Justice are unavailable because: (i) either or both Justices are absent from duty; or (ii) either or both Justices are absent from Australia; or (iii) either or both Justices are, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (3) A person who is acting as Chief Justice is to be called Acting Chief Justice of the Federal Circuit and Family Court of Australia (Division 1). Part 2—Jurisdiction Division 1—Original jurisdiction 25 Original jurisdiction (1) The Federal Circuit and Family Court of Australia (Division 1) has original jurisdiction: (a) if a matter, being the subject of a family law or child support proceeding, is transferred to the Court by the Court under section 51—as set out in paragraphs 132(1)(a), (b), (c) and (d); or (b) if a matter, being the subject of a family law or child support proceeding, is transferred to the Court by the Federal Circuit and Family Court of Australia (Division 2) under section 149—as set out in paragraphs 132(1)(a), (b), (c) and (d); or (c) as is conferred on the Court, or in respect of which proceedings may be instituted in the Court, by any other Act. (2) Subject to such restrictions and conditions (if any) in: (a) section 111AA of the Family Law Act 1975; or (b) regulations made under that Act; or (c) the Rules of Court made under this Chapter; the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) may be exercised in relation to persons or things outside Australia. Note: Division 4 of Part XIIIAA of the Family Law Act 1975 (international protection of children) may affect the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1). Division 2—Appellate jurisdiction 26 Appeals Appeals generally (1) Subject to section 28, the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to hear and determine appeals from: (a) a judgment of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) exercising appellate jurisdiction in relation to a judgment mentioned in paragraph (e); and (b) a judgment of the Federal Circuit and Family Court of Australia (Division 1) exercising original jurisdiction; and (c) a judgment of the Federal Circuit and Family Court of Australia (Division 2) exercising the original jurisdiction mentioned in section 132; and (d) a judgment of: (i) a Family Court of a State (other than Western Australia); or (ii) a Supreme Court of a State or Territory constituted by a single Judge; exercising original or appellate jurisdiction under the Family Law Act 1975, the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988; and (da) a judgment of the Family Court of Western Australia exercising original or appellate jurisdiction under: (i) the Family Law Act 1975 (other than Part VIIIC); or (ii) the Child Support (Assessment) Act 1989; or (iii) the Child Support (Registration and Collection) Act 1988; and (e) a judgment of a court of summary jurisdiction of a State or Territory (other than the Magistrates Court of Western Australia) exercising original jurisdiction under: (i) the Family Law Act 1975; or (ii) the Child Support (Assessment) Act 1989; or (iii) the Child Support (Registration and Collection) Act 1988; and (f) a judgment of the Magistrates Court of Western Australia exercising original jurisdiction under: (i) the Family Law Act 1975 (other than Part VIIIC); or (ii) the Child Support (Assessment) Act 1989; or (iii) the Child Support (Registration and Collection) Act 1988; and (g) a judgment of a court exercising jurisdiction in section 69GA proceedings; and (h) a judgment or decision of a Judge or Magistrate exercising jurisdiction, as mentioned in paragraph (a), (b), (c), (d), (f) or (g), rejecting an application that the Judge or Magistrate disqualify himself or herself from further hearing a matter. Note 1A: Paragraph (da) and subparagraph (f)(i)—for appeals relating to matters arising under Part VIIIC of the Family Law Act 1975: see section 47BA of that Act. Note 1: Paragraphs (e) and (g)—an appeal from a judgment of a court of summary jurisdiction, or of a court exercising jurisdiction in section 69GA proceedings, may be made to the Federal Circuit and Family Court of Australia (Division 1) under the Family Law Act 1975: see section 47A of that Act. Note 2: This section also applies to appeals from the making, variation and revocation of court security orders under the Court Security Act 2013 as described in section 39 of this Act. Certain kinds of appeals prohibited (2) An appeal must not be brought from a judgment referred to in subsection (1) if the judgment is: (a) a determination of an application: (i) for leave or special leave to institute proceedings in the Federal Circuit and Family Court of Australia (Division 1); or (ii) for an extension of time within which to institute proceedings in the Federal Circuit and Family Court of Australia (Division 1); or (iii) for leave to amend the grounds of an application or appeal to the Federal Circuit and Family Court of Australia (Division 1); or (b) a decision to do, or not to do, any of the following: (i) join or remove a party; (ii) adjourn or expedite a hearing; (iii) vacate a hearing date. 27 Family law regulations to be sole source of certain appellate jurisdiction Despite section 26, the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C of the Family Law Act 1975 only as provided by those regulations. 28 Leave to appeal needed for some family law or child support proceedings Appeals from judgments of the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia (1) Leave of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from: (a) a judgment of the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia exercising original jurisdiction under: (i) the Child Support (Assessment) Act 1989; or (ii) the Child Support (Registration and Collection) Act 1988; or (b) a prescribed judgment of the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia; or (c) a judgment or decision of a Judge or Magistrate exercising jurisdiction, as mentioned in paragraph (a), rejecting an application that the Judge or Magistrate disqualify himself or herself from further hearing a matter. (2) An application for leave of the Federal Circuit and Family Court of Australia (Division 1) under subsection (1) is to be heard and determined by a single Judge unless the Chief Justice directs that the application be heard and determined by a Full Court. Appeal from judgments of other courts (3) Leave of a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from: (a) a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge exercising appellate jurisdiction in relation to a judgment mentioned in subparagraph 26(1)(e)(ii) or (iii); or (b) a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge exercising original jurisdiction under: (i) the Child Support (Assessment) Act 1989; or (ii) the Child Support (Registration and Collection) Act 1988; or (c) a judgment of a Family Court of a State exercising original or appellate jurisdiction under: (i) the Child Support (Assessment) Act 1989; or (ii) the Child Support (Registration and Collection) Act 1988; or (d) a judgment of a Supreme Court of a State or Territory constituted by a single Judge exercising original or appellate jurisdiction under: (i) the Child Support (Assessment) Act 1989; or (ii) the Child Support (Registration and Collection) Act 1988; or (e) the following judgments: (i) a prescribed judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge; (ii) a prescribed judgment of the Family Court of a State; (iii) a prescribed judgment of a Supreme Court of a State or Territory constituted by a single Judge; or (f) a judgment or decision of a Judge exercising original or appellate jurisdiction, as mentioned in paragraph (a), (b), (c) or (d), rejecting an application that the Judge disqualify himself or herself from further hearing a matter. Note: Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is required for an appeal from a court of summary jurisdiction of a State or Territory: see sections 47A and 47B of the Family Law Act 1975. Rules of Court (4) The Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing. Division 3—Associated matters 29 Jurisdiction in associated matters To the extent that the Constitution permits, jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 1) in respect of matters not otherwise within its jurisdiction that are associated with matters in which the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is invoked. Division 4—Exercise of jurisdiction Subdivision A—Original jurisdiction 30 Exercise of original jurisdiction (1) The original jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by the Court constituted by a single Judge. (2) In a matter before, or coming before, the Federal Circuit and Family Court of Australia (Division 1), a Judge may give directions under subsection 69(1). Subdivision B—Appellate jurisdiction (other than relating to courts of summary jurisdiction) 31 Application (1) This Subdivision applies to the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a judgment of a court other than a court of summary jurisdiction of a State or Territory. Note: For the exercise of the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to a court of summary jurisdiction, see Subdivision C. (2) For the purposes of subsection (1), the following courts are not courts of summary jurisdiction: (a) a Family Court of a State; (b) the Magistrates Court of Western Australia. 32 Exercise of appellate jurisdiction Appeals heard by Full Court or a single Judge (1) Subject to this section, the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised by: (a) in relation to a judgment of the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia: (i) a single Judge; or (ii) if the Chief Justice considers that it is appropriate for the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to the appeal to be exercised by a Full Court—a Full Court; and (b) in relation to a judgment of any other court—a Full Court. Certain applications etc. generally heard by a single Judge (2) Applications: (a) for an extension of time within which to institute an appeal to the Federal Circuit and Family Court of Australia (Division 1); or (b) for an extension of time within which to file an application for leave to appeal to the Federal Circuit and Family Court of Australia (Division 1); or (c) for leave to amend the grounds of an appeal to the Federal Circuit and Family Court of Australia (Division 1); or (d) to stay an order of the Federal Circuit and Family Court of Australia (Division 1) made in the exercise of its appellate jurisdiction; or (e) for security for costs in relation to an appeal to the Federal Circuit and Family Court of Australia (Division 1); must be heard and determined by a single Judge unless: (f) the Chief Justice directs that the application be heard and determined by a Full Court; or (g) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application. (3) A single Judge (sitting in Chambers or in open court) or a Full Court of the Fe