4Simplified outline

#### 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. 8 Section 5 (definition of Chief Executive Officer) Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”. 9 Section 5 Insert: > commencement day means the day on which Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commenced. 10 Section 5 (definition of Commonwealth superannuation contribution) Omit “Federal Magistrate or retired disabled Federal Magistrate”, substitute “Judge or retired disabled Judge”. 11 Section 5 (definition of Commonwealth superannuation contribution) Omit “Magistrate’s”, substitute “Judge’s”. 12 Section 5 (definition of Division) Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”. 13 Section 5 (definition of Federal Magistrate) Repeal the definition. 14 Section 5 Insert: > 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. 15 Section 5 (definition of prior judicial service) Omit “Federal Magistrate, means service, prior to the Magistrate’s appointment as a Federal Magistrate”, substitute “Judge, means service, prior to the Judge’s appointment as a Judge”. 16 Section 5 (paragraph (c) of the definition of prior judicial service) Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”. 17 Section 5 (note at the end of the definition of prior judicial service) Omit “Magistrate was appointed as a Federal Magistrate”, substitute “Judge was appointed as a Judge”. 18 Section 5 (definition of Registrar) Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”. 19 Section 5 (definition of retired disabled Federal Magistrate) Repeal the definition. 20 Section 5 Insert: > retired disabled Judge means a person certified by the Minister to be a retired disabled Judge under paragraph 9A(2)(a) of Schedule 1. 21 Section 5 (definition of retires) Omit “Federal Magistrate” (wherever occurring), substitute “Judge”. 22 Section 5A Repeal the section, substitute: