CTHRepealedAct
Federal Circuit Court of Australia Act 1999
13Exercise of jurisdiction in open court and in Chambers
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#### 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.