Federal Circuit Court of Australia Act 1999

Part 1—Introduction

1 Short title

This Act may be cited as the Federal Circuit Court of Australia Act 1999.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Objects

(1) The main object of this Act is to continue in existence the Federal Magistrates Court created under Chapter III of the Constitution as the Federal Circuit Court of Australia. (2) The other objects of this Act are: (a) to enable the Federal Circuit Court of Australia to operate as informally as possible in the exercise of judicial power; and (b) to enable the Federal Circuit Court of Australia to use streamlined procedures; and (c) to encourage the use of a range of appropriate dispute resolution processes.

4 Simplified outline

The following is a simplified outline of this Act:

• The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.

• The Federal Circuit Court of Australia consists of a Chief Judge and other Judges.

• Jurisdiction is conferred on the Federal Circuit Court of Australia by other laws of the Commonwealth.

• Jurisdiction is to be exercised in the General Division or the Fair Work Division of the Federal Circuit Court of Australia.

• The Federal Circuit Court of Australia is to promote the use of dispute resolution processes that are likely to assist people to resolve disputes away from the courts.

• Proceedings in the Federal Circuit Court of Australia may be transferred to the Federal Court or the Family Court.

• Provision is made for the practice and procedure of the Federal Circuit Court of Australia. The Court will be able to use streamlined procedures and operate without undue formality.

• The Chief Judge is to manage the administrative affairs of the Federal Circuit Court of Australia.

• There is to be a Chief Executive Officer, who is to assist the Chief Judge in managing the administrative affairs of the Federal Circuit Court of Australia.

• In addition to the Chief Executive Officer, there are to be Registrars and other officers of the Federal Circuit Court of Australia.

• Officers of the Federal Circuit Court of Australia may hold dual appointments as officers of the Federal Court or the Family Court.

• Arrangements may be made for the Federal Circuit Court of Australia to share facilities with other courts.

5 Definitions

In this Act, unless the contrary intention appears:

Accreditation Rules means regulations made under section 10A of the Family Law Act 1975.

administrative affairs of the Federal Circuit Court of Australia has a meaning affected by subsection 89(2).

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 the external Territories.

Australian court means a federal court or a court of a State or Territory.

beneficiary, in respect of a payment under clause 9D of Schedule 1, has the meaning given by subclause 9D(4) of that Schedule.

Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit Court of Australia.

Note: The Chief Executive Officer is appointed under section 96A. A person is appointed to act as the Chief Executive Officer under section 96J.

Child Support (Assessment) Act 1989 includes regulations under that Act.

Child Support (Registration and Collection Act) 1988 includes regulations under that Act.

commencement day means the day on which Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commenced.

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 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, 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 means a complaint mentioned in paragraph 12(3)(c).

complaint handler means:

(a) the Chief Judge; or
(b) a person who is authorised by the Chief Judge under subsection 12(3AB); or
(c) a person who is a member of a body that is authorised by the Chief Judge under subsection 12(3AB).

conveyance includes a vehicle, a vessel and an aircraft.

corporate services of the Federal Circuit Court of Australia has the meaning given by subsection 89(2A).

Division means the General Division or the Fair Work Division of the Federal Circuit Court of Australia.

dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.

eligible child has the meaning given by clause 9F of Schedule 1.

eligible spouse has the meaning given by clause 9E of Schedule 1.

family consultant means a family consultant within the meaning of the Family Law Act 1975.

Family Court means the Family Court of Australia.

Family Law Act 1975 includes regulations under that Act.

Family law or child support proceedings means proceedings under:

(a) the Family Law Act 1975; or
(b) the Child Support (Assessment) Act 1989; or
(c) the Child Support (Registration and Collection) Act 1988.

Federal Court means the Federal Court of Australia.

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.

Judge:

(a) means a Judge (including the Chief Judge) who holds office under this Act; and
(b) when used in the expression the Federal Circuit Court of Australia or a Judge, means a Judge sitting in Chambers.

judgment means a judgment, decree or order, whether final or interlocutory, 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 subclause 9E(8) of Schedule 1.

marital or couple relationship has the meaning given by subclause 9E(5) of Schedule 1.

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).

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, means service, prior to the Judge’s appointment as a Judge, 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 Court of Australia;
(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).

Note: If the Judge was appointed as a Judge more than once, see section 5A.

proceeding 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.

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.

Registrar means a Registrar of the Federal Circuit Court of Australia.

relevant belief: a person has a relevant belief in relation to a complaint about a Judge if:

(a) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or
(b) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated:
(i) adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or
(ii) have the capacity to adversely affect, or have adversely affected, the reputation of the Federal Circuit Court of Australia.

retired disabled Judge means a person certified by the Minister to be a retired disabled Judge under paragraph 9A(2)(a) of Schedule 1.

retires, in relation to a Judge, means ceases, otherwise than by death, to hold any office as a Judge.

Rules of Court means Rules of Court made under this Act.

video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.

5A Prior judicial service

For the purposes of the definition of prior judicial service, if a retired disabled Judge was appointed as a Judge more than once, the reference to the Judge’s appointment as a Judge is taken to be a reference to the Judge’s most recent appointment as a Judge.

6 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.

7 External Territories

This Act extends to every external Territory.

Part 2—Federal Circuit Court of Australia

8 Federal Circuit Court of Australia

(1) The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia. (3) The Federal Circuit Court of Australia is a court of record and is a court of law and equity. (4) The Federal Circuit Court of Australia consists of the following: (a) a Chief Judge; (b) such other Judges as from time to time hold office in accordance with this Act. (5) The person holding office as the Chief Federal Magistrate under this Act immediately before the commencement day continues to hold that office under the title of Chief Judge of the Federal Circuit Court of Australia. (6) A person holding office as a Federal Magistrate (other than Chief Federal Magistrate) under this Act immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit Court of Australia.

Note: The Parliament may create federal courts under Chapter III of the Constitution.

9 Personnel provisions relating to Judges

Schedule 1 has effect.

Part 3—Jurisdiction of the Federal Circuit Court of Australia

10 Original jurisdiction—general

(1) The Federal Circuit Court of Australia has such original jurisdiction as is vested in it by laws made by the Parliament: (a) by express provision; or (b) by the application of section 15C of the Acts Interpretation Act 1901 to a provision that, whether expressly or by implication, authorises a civil proceeding to be instituted in the Federal Circuit Court of Australia in relation to a matter. (1A) The Federal Circuit Court of Australia also has such original jurisdiction as is vested in it by a legislative instrument made under section 10AA. (2) The original jurisdiction of the Federal Circuit Court of Australia includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts. (3) The process of the Federal Circuit Court of Australia runs, and the judgments of the Federal Circuit Court of Australia have effect and may be executed, throughout Australia.

10AA Original jurisdiction—Commonwealth tenancy disputes

(1) The Federal Circuit Court of Australia has jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence or other arrangement in which: (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is: (i) the lessor (other than as a sublessor); or (ii) the licensor (other than as a sublicensor); or (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and (b) a person other than: (i) the Commonwealth; or (ii) a person suing or being sued on behalf of the Commonwealth; or (iii) a Commonwealth officer or employee; is: (iv) the lessee (other than as a sublessee); or (v) the licensee (other than as a sublicensee); or (vi) the grantee of the right or permission. (2) The Minister may, by legislative instrument, confer jurisdiction on the Federal Circuit Court of Australia in respect of any other specified Commonwealth tenancy dispute.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(3) The Minister may, by legislative instrument, make provision for and in relation to all or any of the following matters in respect of a Commonwealth tenancy dispute: (a) the rights of the parties to the Commonwealth tenancy dispute; (b) the law (whether a law of the Commonwealth or a law of a State or Territory) to be applied in determining the Commonwealth tenancy dispute (the applicable law); (c) any modifications of the applicable law that are to apply in relation to the Commonwealth tenancy dispute; (d) the powers that the Federal Circuit Court of Australia may exercise under the applicable law; (e) if the Federal Circuit Court of Australia makes an order when exercising jurisdiction over the Commonwealth tenancy dispute—the powers that may be exercised when executing the order or a class of orders.

10A General and Fair Work Divisions of the Federal Circuit Court of Australia

(1) For the purpose of the organisation and conduct of the business of the Federal Circuit Court of Australia, the Federal Circuit Court of Australia comprises 2 Divisions: (a) the General Division; and (b) the Fair Work Division. (2) Every proceeding in the Federal Circuit Court of Australia must be instituted, heard and determined in a Division. Fair Work Division (3) The following jurisdiction of the Federal Circuit Court of Australia is to be exercised in the Fair Work Division: (a) jurisdiction that is required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction.

Note: Under section 566 of the Fair Work Act 2009, jurisdiction is required to be exercised in the Fair Work Division of the Federal Circuit Court of Australia in relation to matters arising under that Act.

General Division (4) The following jurisdiction of the Federal Circuit Court of Australia is to be exercised in the General Division: (a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division). Jurisdiction that is required to be exercised in both Divisions (5) If the Court’s jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Judge may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind.

11 Exercise of jurisdiction by single Judge

(1) For the purposes of the exercise of the jurisdiction of the Federal Circuit Court of Australia, the Federal Circuit Court of Australia is to be constituted by a single Judge. (2) The Federal Circuit Court of Australia constituted by a Judge may sit and exercise the jurisdiction of the Federal Circuit Court of Australia even if the Federal Circuit Court of Australia constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Federal Circuit Court of Australia.

12 Arrangement of business of the Federal Circuit Court of Australia

Responsibility of Chief Judge (1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit Court of Australia. (2) In discharging his or her responsibility under subsection (1), the Chief Judge must promote the objects of this Act. (3) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Judge: (a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following: (i) make arrangements as to the Judge who is to constitute the Federal Circuit Court of Australia in particular matters or classes of matters; (ii) without limiting the generality of subparagraph (i)—assign particular caseloads, classes of cases or functions to particular Judges; (iii) temporarily restrict a Judge to non‑sitting duties; and (b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of): (i) annual health assessments; and (ii) short‑term counselling services; and (iii) judicial education; and (c) may deal, as set out in subsection (3AA), with a complaint about the performance by another Judge of his or her judicial or official duties; and (d) may take any measures that the Chief Judge believes are reasonably necessary to maintain public confidence in the Federal Circuit Court of Australia, including, but not limited to, temporarily restricting another Judge to non‑sitting duties. (3AA) The Chief Judge may, if a complaint is made about another Judge, deal with the complaint by doing either or both of the following in respect of the complaint: (a) deciding whether or not to handle the complaint and then doing one of the following: (i) dismissing the complaint; (ii) handling the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge; (iii) arranging for any other complaint handlers to assist the Chief Judge to handle the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge; (b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following: (i) dismiss the complaint; (ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.

Note: A complaint handler (other than the Chief Judge) may handle a complaint by referring it to the Chief Judge. The Chief Judge may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint.

(3AB) The Chief Judge may authorise, in writing, a person or a body to do one or more of the following: (a) assist the Chief Judge to handle complaints or a specified complaint; (b) decide whether or not to handle complaints or a specified complaint; (c) dismiss complaints or a specified complaint; (d) handle complaints or a specified complaint. Exercise of powers of General and Fair Work Divisions of the Federal Circuit Court of Australia (3A) A Judge who is assigned to a Division of the Federal Circuit Court of Australia must exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia only in that Division, except as set out in subsection (3B). (3B) The Chief Judge may arrange for a Judge who is assigned to a particular Division of the Federal Circuit Court of Australia to exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia in the other Division if the Chief Judge considers that circumstances make it desirable to do so. (3C) To avoid doubt, a Judge who is not assigned to either Division of the Federal Circuit Court of Australia may exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia in either Division. (3D) Subsection (3A) does not affect the validity of any exercise of powers by the Federal Circuit Court of Australia otherwise than in accordance with that subsection. Assignment of Judges to locations or registries (4) The Chief Judge may, by written instrument, assign a particular Judge to a particular location or registry. (5) An instrument under subsection (4) has no effect unless it is approved, in writing, by the Minister. (6) Subsection (4) does not prevent a Judge from performing his or her duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise). Protection of the Chief Judge in the exercise of functions or powers (6A) In exercising the functions or powers mentioned in paragraph (3)(a) or subsection (4), the Chief Judge has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Federal Circuit Court of Australia.

Note: See also section 118A.

(6B) Despite section 39B of the Judiciary Act 1903, the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Judge of the functions or powers mentioned in subsection (3), (3AA) or (3AB) or (4). Functions and powers of the Chief Judge (7) In addition to the powers and functions conferred on the Chief Judge by this Act, the Chief Judge has such other functions and powers in relation to the Federal Circuit Court of Australia as are specified in the regulations.

13 Exercise of jurisdiction in open court and in Chambers

(1) This section does not apply to family law or child support proceedings.

Note: See section 97 of the Family Law Act 1975.

Open court (2) The jurisdiction of the Federal Circuit Court of Australia must be exercised in open court. However, this rule does not apply where, as authorised by this Act or another law of the Commonwealth, the jurisdiction of the Federal Circuit Court of Australia is exercised by a Judge sitting in Chambers. Judge sitting in Chambers (3) The jurisdiction of the Federal Circuit Court of Australia may be exercised by a Judge sitting in Chambers in: (a) a proceeding on an application relating to the conduct of a proceeding; and (b) a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Judge sitting in Chambers; and (c) a proceeding on any other application authorised by the Rules of Court to be made to a Judge sitting in Chambers. (4) The jurisdiction of the Federal Circuit Court of Australia is to be exercised by a Judge sitting in Chambers in a proceeding where: (a) under the Rules of Court, the Federal Circuit Court of Australia is authorised to make a decision relating to the proceeding without an oral hearing; and (b) the parties to the proceeding have consented to the Federal Circuit Court of Australia making a decision in relation to the proceeding without an oral hearing. Proceeding in Chambers may be adjourned into court (5) A Judge may order a proceeding in Chambers to be adjourned into court. Proceeding in open court may be adjourned into Chambers (6) The Federal Circuit Court of Australia may order a proceeding in open court to be adjourned into Chambers if, apart from this subsection, the jurisdiction of the Federal Circuit Court of Australia may be exercised by a Judge sitting in Chambers in that proceeding. Closed court etc. (7) The Federal Circuit Court of Australia may order the exclusion of the public or of persons specified by the Federal Circuit Court of Australia from a sitting of the Federal Circuit Court of Australia if the Federal Circuit Court of Australia is satisfied that the presence of the public or of those persons, as the case may be, would be: (a) contrary to the interests of justice; or (b) prejudicial to the security of the Commonwealth.

14 Determination of matter completely and finally

In every matter before the Federal Circuit Court of Australia, the Federal Circuit Court of Australia must grant, either: (a) absolutely; or (b) on such terms and conditions as the Federal Circuit Court of Australia thinks just; all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by him or her in the matter, so that, as far as possible: (c) all matters in controversy between the parties may be completely and finally determined; and (d) all multiplicity of proceedings concerning any of those matters may be avoided.

15 Making of orders and issue of writs

The Federal Circuit Court of Australia has power, in relation to matters in which it has jurisdiction, to: (a) make orders of such kinds, including interlocutory orders, as the Federal Circuit Court of Australia thinks appropriate; and (b) issue, or direct the issue of, writs of such kinds as the Federal Circuit Court of Australia thinks appropriate.

16 Declarations of right

(1) The Federal Circuit Court of Australia may, in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed. (2) A proceeding is not open to objection on the ground that a declaratory order only is sought.

17 Contempt of court

(1) The Federal Circuit Court of Australia has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court. (2) Subsection (1) has effect subject to any other Act. (3) The jurisdiction of the Federal Circuit Court of Australia to punish a contempt of the Federal Circuit Court of Australia committed in the face or hearing of the Federal Circuit Court of Australia may be exercised by the Federal Circuit Court of Australia as constituted at the time of the contempt.

Note: See also section 112AP of the Family Law Act 1975, which deals with family law or child support proceedings.

17A Summary judgment

(1) The Federal Circuit Court of Australia may give judgment for one party against another in relation to the whole or any part of a proceeding if: (a) the first party is prosecuting the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding. (2) The Federal Circuit Court of Australia may give judgment for one party against another in relation to the whole or any part of a proceeding if: (a) the first party is defending the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding. (3) For the purposes of this section, a defence or a proceeding or part of a proceeding need not be: (a) hopeless; or (b) bound to fail; for it to have no reasonable prospect of success. (4) This section does not limit any powers that the Federal Circuit Court of Australia has apart from this section. (5) This section does not apply if the Federal Circuit Court of Australia is exercising jurisdiction under the Family Law Act 1975.

Note: For the power of the Federal Circuit Court of Australia to give summary judgment if the Court is exercising jurisdiction under the Family Law Act 1975, see section 45A of that Act.

18 Jurisdiction in associated matters

To the extent that the Constitution permits, jurisdiction is conferred on the Federal Circuit Court of Australia in respect of matters not otherwise within its jurisdiction that are associated with matters in which the jurisdiction of the Federal Circuit Court of Australia is invoked.

19 Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court

(1) Proceedings must not be instituted in the Federal Circuit Court of Australia in respect of a particular matter if proceedings in respect of an associated matter are pending in the Family Court or the Federal Court. (2) Subsection (1) does not apply to: (a) proceedings for a decree of dissolution of marriage; or (b) proceedings instituted in the Federal Circuit Court of Australia under: (i) Division 13A of Part VII of the Family Law Act 1975; or (ii) Part XIII or XIIIA of that Act. (3) If: (a) proceedings are instituted in the Federal Circuit Court of Australia in contravention of subsection (1); and (b) the proceedings are subsequently transferred to the Federal Court or the Family Court; the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.

20 Appeals

(1) An appeal must not be brought directly to the High Court from a judgment of the Federal Circuit Court of Australia. (2) Subsection (1) has effect despite anything in: (a) section 95 of the Family Law Act 1975; and (b) section 104 of the Child Support (Assessment) Act 1989; and (c) section 109 of the Child Support (Registration and Collection) Act 1988.

Note: For appeals from the Federal Circuit Court of Australia, see:

(a) section 94AAA of the Family Law Act 1975; and
(b) section 102A of the Child Support (Assessment) Act 1989; and
(c) section 107A of the Child Support (Registration and Collection) Act 1988; and
(d) section 24 of the Federal Court of Australia Act 1976.

(3) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).