98Delegation

#### 98 Delegation Delegation of powers (1) Judges, or a majority of them, may make Rules of Court delegating any of the powers of the Federal Circuit and Family Court of Australia (Division 1) to a delegate or a prescribed class of delegate. > Note: For the definition of delegate, see subsection 7(1). (2) The kinds of powers of the Federal Circuit and Family Court of Australia (Division 1) that the Rules of Court may delegate include the following: (a) the power, under subsection 68(3), to require a party’s lawyer to give the party an estimate of: (i) the likely duration of a proceeding or part of a proceeding; and (ii) the likely amount of costs that the party will have to pay in connection with the proceeding or part of the proceeding; (b) the power, under subsection 69(1), to give directions about the practice and procedure to be followed in relation to a proceeding or part of a proceeding; (c) the power, under subsection 69(3), to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to a proceeding or part of a proceeding; (d) the power to dispense with the service of any process of the Court; (e) the power to make orders in relation to substituted service; (f) the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Court or of any other person; (g) the power to make orders in relation to interrogatories; (h) the power, in proceedings in the Court, to make an order adjourning the hearing of the proceedings; (i) the power to make an order as to costs; (j) the power to make an order about security for costs; (k) the power to make an order exempting a party to proceedings in the Court from compliance with a provision of the Rules of Court; (l) a power of the Court prescribed by the Rules of Court; (m) the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions; (n) the power to make orders under the following provisions of the Family Law Act 1975: (i) sections 11F and 11G; (ii) sections 13C and 13D; (iii) subsection 65LA(1); (iv) subsection 70NBD(1); (o) the power to direct a family consultant to give a report under section 62G of the Family Law Act 1975; (p) the power, in family law or child support proceedings, to make: (i) an order under section 66Q, 67E, 77 or 90SG of the Family Law Act 1975; or (ii) an order for the payment of maintenance pending the disposal of the proceedings; (q) the power to make an order the terms of which have been agreed upon by all the parties to the proceedings; (r) the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders under the Family Law Act 1975; (s) the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations made under the Family Law Act 1975; (t) the power to give directions, or approve communications, for the purposes of subsection 114Q(2) or subparagraph 114R(2)(b)(i) of the Family Law Act 1975. Powers that may not be delegated (3) Despite subsection (1), the powers of the Federal Circuit and Family Court of Australia (Division 1) that the Rules of Court may not delegate are the following: (a) the power to make a divorce order in proceedings that are defended; (b) the power to make a decree of nullity of marriage; (c) the power to make a declaration as to the validity of: (i) a marriage; or (ii) a divorce; or (iii) the annulment of a marriage; (d) the power to make an excluded child order; (e) the power to make an order setting aside a registered award under section 13K of the Family Law Act 1975. Effect of delegation (4) A power delegated by the Rules of Court, when exercised by a delegate, is taken, for all purposes, to have been exercised by the Federal Circuit and Family Court of Australia (Division 1) or a Judge of the Court. (5) The delegation of a power by the Rules of Court does not prevent the exercise of the power by the Federal Circuit and Family Court of Australia (Division 1) or a Judge of the Court. Costs (6) Despite the Rules of Court, a delegate must not exercise the power referred to in paragraph (2)(i) except in relation to costs of, or in connection with, an application heard by a delegate. Orders made as a matter of urgency (7) Despite the Rules of Court, a delegate must not exercise the power referred to in paragraph (2)(p) on application by a party to proceedings under the Family Law Act 1975 unless: (a) the other party to the proceedings appears at the hearing of the application; or (b) the delegate is satisfied that notice of the intention of the party to make the application has been served on the other party. Exercise of delegable power may be limited (8) The Rules of Court may, in relation to a power delegated by the Rules of Court, limit or specify the circumstances in which the power may be exercised by a delegate. Application of laws (9) The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Circuit and Family Court of Australia (Division 1) of a power that is, because of the Rules of Court, exercisable by a delegate, apply in relation to an exercise of the power by a delegate under this section as if references in those provisions to the Federal Circuit and Family Court of Australia (Division 1) (expressly or otherwise) were references to the delegate.