192Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding

#### 192 Power of the Federal Circuit and Family Court of Australia (Division 2) to give directions about practice and procedure in a civil proceeding (1) The Federal Circuit and Family Court of Australia (Division 2) or a Judge may give directions about the practice and procedure to be followed in relation to a civil proceeding, or any part of such a proceeding, before the Court. (2) Without limiting subsection (1), a direction may: (a) require things to be done; or (b) set time limits for the doing of anything, or the completion of any part of the proceeding; or (c) limit the number of witnesses who may be called to give evidence, or the number of documents that may be tendered in evidence; or (d) provide for submissions to be made in writing; or (e) limit the length of submissions (whether written or oral); or (f) waive or vary any provision of the Rules of Court in their application to the proceeding; or (g) revoke or vary an earlier direction. (3) If a party fails to comply with a direction given by the Federal Circuit and Family Court of Australia (Division 2) or a Judge under subsection (1), the Court or Judge may make such order or direction as the Court or Judge thinks appropriate. (4) In particular, the Federal Circuit and Family Court of Australia (Division 2) or Judge may do any of the following: (a) dismiss the proceeding in whole or in part; (b) strike out, amend or limit any part of a party’s claim or defence; (c) disallow or reject any evidence; (d) award costs against a party; (e) order that costs awarded against a party are to be assessed on an indemnity basis or otherwise. (5) Subsections (3) and (4) do not affect any power that the Federal Circuit and Family Court of Australia (Division 2) or a Judge has apart from those subsections to deal with a party’s failure to comply with a direction. > Note: The Federal Circuit and Family Court of Australia (Division 2) or a Judge may also make orders under the Family Law Act 1975.