{"id":"F2023L01118","name":"PGPA Act Determination (Federal Circuit and Family Court Litigants' Fund Special Account 2023)","slug":"pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442040,"registerId":"F2023L01118-fast-fetch-1775957165918","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Federal Circuit and Family Court Litigants' Fund Special Account 2023)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPGPA Act Determination (Federal Circuit and Family Court Litigants' Fund Special Account 2023)\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated        22      /     08    / 2023\n\nKATY GALLAGHER\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment\n\n1  Name \n\n2  Commencement.............................................\n\n3  Authority\n\n4  Definitions\n\n5  Establishment of the special account................................2\n\n6  Accountable authority responsible for the special account\n\nPart 2—Special account credits and debits\n\n7  Amounts that may be credited to the special account\n\n8  Purposes of the special account\n\nPart 3—Transitional, revocation and repeal provisions\n\n9  Opening balance of the special account\n\n10  Revocation of Litigants' Fund instrument\n\n11  Additional repeal provisions\n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Federal Circuit and Family Court Litigants' Fund Special Account 2023).\n\n2  Commencement\n\n (1) Each provision of this instrument 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.\n\n \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The day mentioned in paragraph 79(5)(a) of the Act. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nLitigants' Fund instrument means the FMA Act (Litigants' Fund Special Account) Determination 2013/06.\n\nLitigants' Fund special account means the Litigants' Fund Special Account established by the Litigants' Fund instrument.\n\nthe Federal Circuit and Family Court of Australia means the Federal Circuit and Family Court of Australia as defined in the Federal Circuit and Family Court of Australia Act 2021.\n\nthe Federal Court of Australia means the Federal Court as defined in the Federal Circuit and Family Court of Australia Act 2021.\n\nthe special account means the Federal Circuit and Family Court Litigants' Fund Special Account 2023 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Federal Circuit and Family Court Litigants' Fund Special Account 2023 is established as a special account.\n\n6  Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Chief Executive Officer of the Federal Court of Australia.\n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n  For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n(a)      amounts received in respect of proceedings of the Federal Circuit and Family Court of Australia;\n\n(b)      amounts received in respect of proceedings that have been transferred from another court to the Federal Circuit and Family Court of Australia;\n\n(c)      the proceeds of an investment of an amount debited from the special account.\n\nNote: Subsection 58(5) of the Act requires the proceeds of an investment (within the meaning of that provision) of an amount debited from a special account to be credited to that special account.\n\n8  Purposes of the special account\n\nFor paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n(a)      to make payments in accordance with an order (however described) made under the Family Law Act 1975 or the Federal Circuit and Family Court of Australia Act 2021, or made by the Federal Circuit and Family Court of Australia, or a Judge of that Court;\n\n(b)      to repay amounts where a court order, Act or other law requires or permits the repayment of an amount received; and \n\n(c)      to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.\n\n \n\n \n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n(1)    For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n\n(2)    The opening balance is equal to the amount standing to the credit of the Litigants' Fund special account immediately prior to the commencement of this instrument.\n\n10  Revocation of Litigants' Fund instrument\n\n  For subsection 78(3) of the Act, the Litigants' Fund instrument is revoked.\n\n11  Additional repeal provisions\n\n(1)    For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the Litigants' Fund instrument under section 10 (date of repeal).\n\n(2)    For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:\n\n(a)    definition of Litigants' Fund instrument;\n\n(b)    definition of Litigants' Fund special account.\n\n(3)    Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not broaden or narrow the stated purposes of the litigants' fund: it re-establishes the special account, carries over the existing balance from the former Litigants' Fund, revokes the previous instrument, and sets the Federal Court CEO as the accountable authority. Transitional provisions (s.9–11) manage the technical transfer and timed repeal but leave the account's payment purposes (s.8) and crediting rules (s.7) intact."},"complexity_factors":["Legal framing under the PGPA Act requiring cross-reference to subsections 78(1)(a)-(d) and 78(3) (see Authority and Establishment provisions)","Transitional mechanics that transfer the opening balance from the prior Litigants' Fund instrument into the new special account (s.9)","Simple credit/debit rules limited to receipts from proceedings, transferred proceedings, investment proceeds, and specified payment purposes (s.7–8)","Accountable authority assignment to the Chief Executive Officer of the Federal Court of Australia (s.6) concentrates administrative responsibility","Revocation of the prior instrument and a timed repeal of Part 3 with a saving that preserves its effects creates a short technical sequencing issue (s.10–11)"],"plain_english_summary":"This instrument creates the Federal Circuit and Family Court Litigants' Fund Special Account 2023, moves the balance from the previous Litigants' Fund into it, and appoints the Chief Executive Officer of the Federal Court of Australia as the accountable authority. Money credited will be receipts tied to court proceedings and investment returns; money debited pays court-ordered Family Law or Federal Circuit and Family Court obligations, required repayments, or to reduce the account balance. It governs who manages and how litigants’-related funds are held and spent."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It is a direct replacement of the 2013 Litigants' Fund Special Account to align with the 2021 court restructuring. The scope remains limited to establishing and operating a single special account for court-related funds."},"complexity_factors":["Short instrument: only 11 sections across 3 Parts","Minimal defined terms: only 5 definitions in section 4","Straightforward structure: establishment, operations, transitional provisions","Limited cross-referencing: primarily references to the PGPA Act 2013 and the Federal Circuit and Family Court of Australia Act 2021","Self-terminating provisions: Part 3 automatically repeals after 7 days, reducing long-term complexity","Single purpose: establishes one special account with clear credit/debit rules"],"plain_english_summary":"This instrument creates the Federal Circuit and Family Court Litigants' Fund Special Account 2023 to hold and manage monies arising from proceedings in the merged Federal Circuit and Family Court of Australia. It moves existing balances from the prior 2013 fund, gives the Federal Court CEO custody and payment authority, and revokes the old instrument — a transitional housekeeping step to align the litigants’ trust account with the 2021 court merger."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023","history":"/api/acts/pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023/history","analysis":"/api/acts/pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023/analysis","conflicts":"/api/acts/pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023/conflicts","importantCases":"/api/acts/pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023/important-cases","documents":"/api/acts/pgpa-act-determination-federal-circuit-and-family-court-litigants-fund-special-account-2023/documents"}}