(1) For subsection 103(1) of the Act, a power of the Court mentioned in an item of the following table is delegated to a Registrar who is approved, or is in a class of Registrars who are approved, by the Chief Judge for the exercise of the power.
Note: Subrule (1A) of this rule provides that certain powers mentioned in the table may only be exercised by an approved Registrar who is also a Registrar (other than a Deputy Registrar) of the Family Court.
Item
Legislative provision
Description of power (for information only)
Act
1AA
section 39 (but only to the extent that it gives the Court the power to transfer proceedings to the Family Court)
To transfer a proceeding to the Family Court
1AB
subsection 43(2) (but only for a proceeding that is within the power of a Registrar to hear and determine)
To give directions about the practice and procedure to be followed in relation to a proceeding or a part of a proceeding
1AC
section 51 (but only for a proceeding that is within the power of a Registrar to hear and determine)
To give directions about the length of documents required or permitted to be filed in the Court
1
section 52
To order, at any stage, a change of venue
1A
section 55 (but only for a proceeding that is within the power of a Registrar to hear and determine)
To give directions about limiting the time for oral argument in a proceeding
1B
section 56 (but only for a proceeding that is within the power of a Registrar to hear and determine)
To give directions about the use, or length, of written submissions in a proceeding
1C
subsection 57(2)
To make an order declaring that a proceeding is not invalid by reason of a formal defect or an irregularity
1D
section 62 (but only for a proceeding that is within the power of a Registrar to hear and determine)
To give directions about limiting the time for giving testimony in a proceeding
1E
subsection 64(2) (but only for a proceeding that is within the power of a Registrar to hear and determine)
To give directions that particular testimony is to be given orally or by affidavit
1F
subsection 66(1) (but only for a proceeding that is within the power of a Registrar to hear and determine)
To direct or allow testimony to be given by video link or audio link
1G
subsection 67(1) (but only for a proceeding that is within the power of a Registrar to hear and determine)
To direct or allow a person to appear by way of video link or audio link
1H
subsection 68(1) (but only for a proceeding that is within the power of a Registrar to hear and determine)
To direct or allow a person to make a submission by way of video link or audio link
1J
section 72 (but only for a proceeding that is within the power of a Registrar to hear and determine)
To make orders for the payment of expenses incurred in connection with giving testimony, appearing, or making submissions, by video link or audio link
1K
subparagraphs 102(2)(k)(iv) and (l)(i) (except the reference in subparagraph (l)(i) to an order under section 77 or 90SG)
To do the following:(a) make an order under paragraph 70NEB(1)(a) of the Family Law Act;(b) in family law or child support proceedings—make an order under section 66Q or 67E of the Family Law Act
2
subject to items 19D, 19F, 19Q and 19S of this table, subsection 102(2) (except subparagraph (k)(iv) and the reference in subparagraph (l)(i) to an order under section 66Q or 67E)
All of the following:(a) to dispense with the service of any process of the Court(b) to make orders in relation to substituted service(c) to make orders in relation to discovery, inspection and production of documents(d) to make orders in relation to interrogatories(e) to make an order adjourning the hearing of proceedings(f) to make an order as to costs(g) to make an order about security for costs(h) to make an order exempting a party to proceedings from compliance with a provision of these Rules(i) to exercise a power of the Court prescribed by these Rules(j) to direct a party in family law or child support proceedings to answer particular questions
(k) to make orders under the following provisions of the Family Law Act:(i) sections 11F and 11G(ii) sections 13C and 13D(iii) subsection 65LA(1)(ka) to direct a family consultant to give a report under section 62G of the Family Law Act(l) in family law or child support proceedings—to make:(i) an order under section 77 or 90SG of the Family Law Act or(ii) an order for the payment of maintenance pending the disposal of the proceedings(m) to make an order the terms of which have been agreed upon by all the parties to the proceedings(n) to make orders for the enforcement of maintenance orders under the Family Law Act(o) to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations under the Family Law Act
Fair Work Act 2009
2A
paragraph 545(2)(b)
To order a person to pay compensation
2B
subsection 548(4)
To amend the papers commencing the proceeding
2C
subsections 548(5) and (6)
To grant leave for a party to a small claims proceeding to be represented by a lawyer
2D
section 570
To order a party to pay costs incurred by another party
Family Law Act
3AA
section 11F
To order parties to attend, or arrange for a child to attend, an appointment (or a series of appointments) with a family consultant
3AB
section 11G
To make a further order because of failure to comply with an order under section 11F of the Family Law Act or an instruction given by the family consultant
3
section 13B
To adjourn proceedings and advise parties to attend family counselling
3A
section 13C
To order parties to attend family counselling, family dispute resolution and other family services and to make other related orders
3B
section 13D
To make a further order because of a failure to comply with an order under section 13C of the Family Law Act
4
sections 13E and 13F
To refer parties to arbitration with their consent and make procedural orders to assist arbitration
5
subsection 44(1C)
To give leave for an application for a divorce order to be filed within 2 years after the date of marriage
5A
paragraphs 44(3A)(d) and (3B)(d) (but only if all parties consent to leave being granted)
To grant leave for proceedings to be instituted out of time
5B
subsection 44(6) (but only if all parties consent to leave being granted)
To grant leave to a party to a de facto relationship to make certain applications out of time
6
subsection 45(2)
To transfer a case to another court
6A
subsection 46(3A)
To order that proceedings be removed from a court of summary jurisdiction to the Court
7
section 48
To make a divorce order in undefended proceedings
8
subsection 55(2)
To extend or reduce the time for a divorce order to take effect
9
section 55A
To make a declaration about arrangements for children after a divorce
10
section 57
To rescind a divorce order where the parties have become reconciled
11
subsection 60I(9)
To decide if subsection 60I(7) applies to an application for a Part VII order about a child
12
subsection 60I(10)
To order that a person attend family dispute resolution
13
subsection 60J(2)
To decide if subsection 60J(1) applies to an application for a Part VII order about a child because of a risk of child abuse or family violence
15
subsection 63E(3)
To register a revocation agreement
15A
section 63H
To make an order in relation to a parenting plan
15B
section 65D
To make a parenting order (except an excluded child order)
15C
section 65D (but only if:(a) both of the following apply:(i) the order is made in an undefended case;(ii) the order is to come into effect at least 21 days after the order is served on the non‑appearing party; or(b) the order is made with the consent of all the parties to the case)
To make a parenting order (except an excluded child order)
15D
paragraph 65G(2)(b)
To make a parenting order by consent in favour of a non‑parent even though the parties have not attended a conference with a family consultant
15E
section 65L
To make an order requiring family consultants to supervise or assist compliance with a parenting order
15F
section 66G
To make a child maintenance order
15G
section 66M
To make an order determining that it is proper for a step‑parent to have a duty of maintaining a step‑child
15H
section 66P
To make an order referred to in subsection 66P(1) of the Family Law Act
15J
section 66Q
To make an urgent child maintenance order, pending the disposal of the proceedings for a child maintenance order
15K
section 66S
To make an order discharging, suspending, reviving or varying a child maintenance order
15L
subsection 66W(2)
To discharge or vary a child maintenance order if arrears are due under the order when it ceases to be in force
15M
section 67D
To make an order in relation to the birth of a child, including for financial assistance
15N
section 67E
To make an urgent order in relation to the birth of a child, including for financial assistance
16
subsection 67M(2)
To make a location order
17
subsection 67N(2)
To make a Commonwealth information order
17AA
section 67U
To make a recovery order
17A
subsection 67ZBB(2)
To make procedural orders for allegations of child abuse or family violence
17B
section 67ZD
To order a passport or other travel document to be delivered to the court
17C
subsections 68B(1) and (2)
To make an order or grant an injunction
18
section 68L
To make an order that a child’s interests are to be independently represented
18A
subsection 68M(2)
To order a person to make a child available for an examination for the purpose of preparing a report about the child for use by the independent children’s lawyer
18B
section 69V
To make an order requiring any person to give evidence in relation to the parentage of a child
18C
section 69VA
To issue a declaration of the parentage of a child
18D
subsection 69W(1)
To order a parentage testing procedure to be carried out on a person
18E
section 69X
To make orders associated with a parentage testing order
18F
subsection 69ZC(2)
To order a person to appear before the court and give evidence in relation to a report of a parentage testing procedure
19
section 69ZW
To make an order in child‑related proceedings requesting a State or Territory agency to provide documents or information
19A
subject to item 19B of this table, Division 13A of Part VII except paragraph 70NFB(2)(e) and only if:(a) the order made is an order until further order; or(b) the power is exercised in an undefended case; or(c) the power is exercised with the consent of all the parties to the case
To make orders to enforce compliance with orders under the Family Law Act affecting children, and to do any other thing referred to in Division 13A of Part VII of the Family Law Act
19B
sections 70NBA and 70NFD (but only if the order to be varied or discharged:(a) was made by a Registrar; or(b) is an order until further order; or(c) was made in an undefended case; or(d) was made with the consent of all the parties to the case)
To vary a parenting order, and to vary or discharge a community service order that was made under paragraph 70NFB(2)(a) of the Family Law Act
19C
section 74
To make an order for the maintenance of a party to a marriage
19D
section 74 (but only if:(a) all of the following apply:(i) the order is an order until further order;(ii) the order is made in an undefended case;(iii) the order is to come into effect at least 21 days after the order is served on the other party; or(b) the order is made with the consent of all the parties to the case)
To make an order for the maintenance of a party to a marriage
19E
section 77
To make an urgent order for the maintenance of a party to a marriage, pending the disposal of the proceedings
19F
section 77 (but only if:(a) both of the following apply:(i) the order is made in an undefended case;(ii) the order is to come into effect at least 21 days after the order is served on the other party; or(b) the order is made with the consent of all the parties to the case)
To make an urgent order for the maintenance of a party to a marriage, pending the disposal of the proceedings
19G
sections 78, 79 and 79A (but only if:(a) the declaration or order made is a declaration or an order until further order; or(b) the power is exercised in an undefended case)
To make a declaration or order in relation to the property interests of the parties to a marriage, and to do any other thing referred to in section 79 or 79A of the Family Law Act
19H
sections 78, 79 and 79A (but only if:(a) both of the following apply:(i) the power is exercised in an undefended case;(ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non‑appearing party; or(b) the power is exercised with the consent of all the parties to the case)
To make a declaration or order in relation to the property interests of the parties to a marriage, and to do any other thing referred to in section 79 or 79A of the Family Law Act
19J
subsection 83(1)
To discharge, suspend, revive or vary a spousal maintenance order
19K
subsection 83(1) (but only if:(a) all of the following apply:(i) the order to be discharged, suspended, revived or varied is an order until further order;(ii) the order to discharge, suspend, revive or vary is made in an undefended case;(iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non‑appearing party; or(b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the case)
To discharge, suspend, revive or vary a spousal maintenance order
19L
subsection 87(3)
To approve, or refuse to approve, a maintenance agreement
19M
subsections 87(8), 90J(3) and 90K(1) (but only if the order is:(a) an order until further order; or(b) made in an undefended case)
To make an order revoking the approval of a maintenance agreement, or after a financial agreement has been terminated, or setting aside a financial agreement or termination agreement
19N
subsections 87(8), 90J(3) and 90K(1) (but only if:(a) both of the following apply:(i) the order is made in an undefended case;(ii) the order is to come into effect at least 21 days after the order is served on the non‑appearing party; or(b) the order is made with the consent of all the parties to the case)
To make an order revoking the approval of a maintenance agreement, or after a financial agreement has been terminated, or setting aside a financial agreement or termination agreement
19P
section 90SE
To make an order for the maintenance of a party to a de facto relationship
19Q
section 90SE (but only if:(a) all of the following apply:(i) the order is an order until further order;(ii) the order is made in an undefended case;(iii) the order is to come into effect at least 21 days after the order is served on the other party; or(b) the order is made with the consent of all the parties to the case)
To make an order for the maintenance of a party to a de facto relationship
19R
section 90SG
To make an urgent order for the maintenance of a party to a de facto relationship, pending the disposal of the proceedings
19S
section 90SG (but only if:(a) both of the following apply:(i) the order is made in an undefended case;(ii) the order is to come into effect at least 21 days after the order is served on the other party; or(b) the order is made with the consent of all the parties to the case)
To make an urgent order for the maintenance of a party to a de facto relationship, pending the disposal of the proceedings
19T
section 90SI
To discharge, suspend, revive or vary an order with respect to the maintenance of a party to a de facto relationship
19U
section 90SI (but only if:(a) all of the following apply:(i) the order to be discharged, suspended, revived or varied is an order until further order;(ii) the order to discharge, suspend, revive or vary is made in an undefended case;(iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non‑appearing party; or(b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the case)
To discharge, suspend, revive or vary an order with respect to the maintenance of a party to a de facto relationship
19V
sections 90SL, 90SM and 90SN and subsections 90UL(3) and 90UM(1) (but only if:(a) the declaration or order is a declaration or an order until further order; or(b) the power is exercised in an undefended case)
To make a declaration or order, and to do any other thing referred to in sections 90SM and 90SN of the Family Law Act, in relation to the property interests of the parties to a de facto relationship and to make an order after a financial agreement has been terminated or setting aside a financial agreement or termination agreement
19W
sections 90SL, 90SM and 90SN and subsections 90UL(3) and 90UM(1) (but only if:(a) both of the following apply:(i) the power is exercised in an undefended case;(ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non‑appearing party; or(b) the power is exercised with the consent of all the parties to the case)
To make a declaration or order, and to do any other thing referred to in sections 90SM and 90SN of the Family Law Act, in relation to the property interests of the parties to a de facto relationship and to make an order after a financial agreement has been terminated or setting aside a financial agreement or termination agreement
21
subsection 91B(1)
To request that a child welfare officer intervene in a case
22
subsections 92(1) and (2)
To make an order entitling a person to intervene in a case
23
subsection 97(1A)
To hear proceedings sitting in chambers
24
subsection 97(2)
To make an order about specified persons being present in Court
25
section 98A
To make an order approving an undefended application for divorce without the parties being present
25A
section 100B
To make an order allowing a child to swear an affidavit or be called as a witness in, or be present during, proceedings
26
section 101
To protect a witness in a case
26A
subsection 102A(3)
To give leave for a child to be examined
27
section 106A
To appoint a person to execute a deed or instrument
27A
subject to item 27B of this table, Part XIIIA (except paragraph 112AD(2)(d) and only if:(a) the order is an order until further order; or(b) the power is exercised in an undefended case; or(c) the power is exercised with the consent of all the parties to the case)
To make orders in relation to imposing sanctions for failure to comply with orders, and other obligations, that do not affect children
27B
subsection 112AK(1) (but only if the order to be varied or discharged:(a) was made by a Registrar; or(b) is an order until further order; or(c) was made in an undefended case; or(d) was made with the consent of all the parties to the case)
To vary or discharge an order made under section 112AD of the Family Law Act in respect of a contravention of an order
28
subsection 114(3)
To grant an injunction
28A
subsection 117(2) (but only for a proceeding that is within the power of a Registrar to hear and determine)
To make an order for costs or security for costs
Family Law Regulations
29
subregulation 4(1)
To make an order about practice and procedure in particular circumstances
30
regulation 5
To direct proceeding is void for non‑compliance with the Family Law Regulations, these Rules or procedures related to these Rules
30A
paragraph 6(1)(a)
To relieve a party from the consequences of non‑compliance with the Family Law Regulations, a rule of practice or procedure or an order made by a registrar
30B
subregulation 23(6)
To register an overseas child order
30C
subregulation 67Q(4)
To register an award made in an arbitration
Federal Circuit Court Rules 2001
31AA
subrule 1.05(2) (but only to the extent that it gives the Court the power to apply the Family Law Rules)
To apply the Family Law Rules if in a particular case these Rules are insufficient or inappropriate
31AB
subrule 1.06(1)
To dispense with compliance with these Rules
31AC
rule 1.07
To make an order about procedure
31AD
subrule 2.01(1A)
To make orders in relation to compliance with requirements for documents
31AE
subrule 2.04(1)
To make orders in relation to compliance with forms
31AF
paragraph 2.07(5)(b)
To direct that the original of a document or transmission report be produced
31AG
subrule 2.07B(3)
To direct that the original of an affidavit or a paper copy of a document be produced
31AH
paragraph 2.09(b)
To direct that the seal of the Court be attached to a document
31AI
subrule 2.10(2)
To direct that the stamp of the Court be attached to a document
31AJ
rule 6.04
To exercise discretion in relation to service of a document
31AK
subrule 6.05(1)
To order evidence of service of a document to be given otherwise than by affidavit
31AL
paragraph 6.06(2)(b)
To direct that an application be served other than by hand
31AM
subrule 6.08(1)
To make an order in relation to the requirements for service by hand on a corporation, unincorporated association or organisation
31AN
subrule 6.14(1)
To make an order dispensing with service of a document or substituting another way of serving a document
31AO
subrule 6.14(2)
To specify the steps to be taken for bringing a document to the attention of the person to be served
31AP
subrule 6.14(3)
To specify that a document is to be taken to have been served on the happening of a specified event or at the end of a specified time
31AQ
rule 6.15
To have regard to certain matters when making an order dispensing with service of a document or for substituted service of a document
31AR
rule 6.16
To find that a document is taken to have been served on a date specified in an order for substituted service despite failure to comply with a condition of the order
31AS
rule 6.17
To order that a document may be served more than 12 months after it is filed
31AT
rule 6.19
To make an order permitting an application and any document filed with it to be served otherwise than as provided by rule 6.19
31AU
rule 7.02 (but only to the extent that it gives the Court the power to order a party or another appropriate person to make an amendment)
To order a party or another appropriate person to make an amendment to a document
31AV
rule 8.01
To consider an application to have a proceeding heard in another registry of the Court and to have regard to certain matters when considering the application
31AW
subrule 8.02(1) (but only to the extent that it gives the Court the power to transfer a proceeding to the Family Court)
To transfer a proceeding to the Family Court
31AX
subrules 8.02(2) and (3) (but only in relation to a request for transfer of a proceeding to the Family Court)
To make orders in relation to a request for transfer of a proceeding to the Family Court
31AY
subrule 8.02(4) (but only in relation to a request for transfer of a proceeding to the Family Court)
To have regard to additional factors in deciding whether to transfer a proceeding to the Family Court
31AZ
subrule 9.03(2)
To give leave to a lawyer to file or serve a notice of withdrawal without satisfying the requirement to serve, within the time specified in subrule 9.03(2), a notice of intention to withdraw on the party for whom the lawyer is acting
31BA
paragraph 10.04(b)
To make consent orders where parties resolve the issues between them following a dispute resolution process
31BB
subrule 10.05(1)
To refer a proceeding, a part of a proceeding or a matter arising out of a proceeding, for conciliation
31BC
paragraph 10.05(2)(c)
To appoint a person to hold a conciliation conference
31BD
subrules 11.01(1) and (2)
To make orders in relation to persons who must be included as parties to a proceeding
31BE
subrule 11.02(2)
To give leave to a party to include a person as a party to a proceeding after the first court date
31BF
subrule 11.02(3)
To order a party who has included a person as a party to file and serve on each other party an affidavit setting out the basis on which the person has been included as a party
31BG
subrule 11.03(2)
To make an order that an application to be included as a party to a proceeding be supported otherwise than by an affidavit stating the matters referred to in subrule 11.03(2)
31BH
subrule 11.04(1)
To consider an application by a party to be removed as a party
31BI
rule 11.05
To, at any time, order a party, or a person applying to be included as a party, to give notice to any person of certain matters
31BJ
subrule 11.08(2)
To order that a minor in a proceeding is not taken to need a litigation guardian in relation to the proceeding
31BK
subrule 11.11(1)
To appoint or remove a litigation guardian, or substitute another person as litigation guardian, in a proceeding
31BL
subrule 11.11(3)
To remove a litigation guardian at the request of the litigation guardian
31BM
rule 11.14
To make orders for the payment of the costs and expenses of a litigation guardian
31BN
subrules 12.02(1) and (2)
To refer a party to a lawyer for legal assistance and to take certain matters into account when making such a referral
31BO
subrule 13.02(3)
To stay further proceedings until costs are paid by the party bringing the further proceedings
31BP
subrule 13.04(3) (but only if the order is made with the consent of all the parties to the case)
To make such orders as the Court considers appropriate in the circumstances
31BQ
subrule 13.07(3)
To stay execution on, or other enforcement of, a judgment until determination of a claim
31BR
subrule 13.08(3)
To give directions for the further conduct of a proceeding in relation to any claim or part of a claim not disposed of by judgment or dismissal and not stayed
31BS
rule 13.10
To order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding
31BT
subrules 13.12(1), (2) and (3)
To order that a proceeding, or a part of a proceeding, be dismissed if a party has not taken a step in the proceeding for 6 months, and to give notice to each party of the date and time when the Court will consider whether to make such an order
31BU
rule 14.04
To order a party to produce to the Court a document in the possession, custody or control of the party
31BV
rule 14.05
To inspect a document for the purpose of determining whether a claim for privilege, or an objection, is valid
31BW
rule 14.06
To order a party to file and serve an affidavit regarding the possession, custody or control of a document or class of document by the party
31BX
rule 14.08
To order otherwise than permitting a party who inspects a document under Division 14.2 to make a copy of, or take an extract from, the document
31BY
subrule 15.08(2)
To give a direction in relation to opinion evidence by expert witnesses
31BZ
rule 15.09
To appoint an expert as court expert to inquire into and report on a question arising in a proceeding, and give directions for the purposes of the inquiry or report
31CA
subrule 15.10(3)
To do a thing referred to in subrule 15.10(3) in relation to a report prepared by a court expert
31CB
rule 15.11
To direct otherwise than that the parties are jointly liable to pay the reasonable remuneration and expenses of a court expert for preparing a report
31CC
rule 15.12
To grant leave to a party to adduce evidence of another expert on a question on which a court expert has made a report
31CD
subrule 15A.04(3)
To fix time limits for service of a subpoena otherwise than as required by paragraph 15A.04(3)(a) or (b)
31CE
rule 15A.05
To direct that a party or independent children’s lawyer may request the issue of more than 5 subpoenas in a proceeding
31CF
rule 15A.09
To make an order setting aside all or part of a subpoena
31CG
rule 15A.10
To make an order for the payment of any loss or expense incurred in complying with a subpoena
31CH
rule 15A.11
To make orders with respect to the payment of costs incurred by a person in complying with a subpoena where the person is not a party to the proceedings
31CI
paragraph 15A.12(2)(b)
To permit a person who inspects or copies a document under these Rules to disclose the contents of the document or give a copy of it to another person
31CJ
subrule 21.01(1)
To order the applicant to give the security the Court considers appropriate for the respondent’s costs of the proceeding
31CK
paragraph 21.02(1)(c)
To allow further time for an application for an order for costs to be made
31CL
subrule 21.02(2)
To do a thing referred to in any of paragraphs 21.02(2)(a) to (d) in making an order for costs in a proceeding
31CM
subrule 21.03(1)
To specify the maximum costs that may be recovered on a party and party basis
31CN
subrule 21.03(3)
To vary the maximum costs specified if there are special reasons and it is in the interests of justice to do so
31CO
rule 21.04
If costs of a motion, application or other proceeding are reserved, to order otherwise than that the costs follow the event
31CP
rule 21.08
To order otherwise than that interest is payable on outstanding costs at the rate specified in paragraph 21.08(a) or (b) (as applicable)
31CQ
rule 21.10
To order otherwise than that a party is entitled to costs in accordance with Parts 1 and 2 of Schedule 1 and disbursements properly incurred
31CR
paragraph 21.12(b)
To authorise or approve an amount for attendance by a witness
31CS
paragraph 21.13(b)
To authorise or approve an amount for preparation of a report by an expert
31CT
rule 23.01A
To order that a family report be prepared, make other orders or do any other thing referred to in rule 23.01A
31CU
rule 23.02
To make an order referring any or all of the matters in dispute for family dispute resolution and to do any other thing referred to in paragraphs 23.02(a) to (c)
31
Division 25B.2
To enforce financial orders and obligations
31A
Division 25B.4
To make orders in relation to warrants for arrest and to do any other thing referred to in Division 25B.4
32
rule 29.04
To give a direction for the enforcement or execution of an order
32A
rule 29.11
To make an order, issue a writ or take another step to enforce a judgment or order
33
rule 45.13
To grant leave for a party to a small claims application to be represented by a lawyer
34
rule 46.4
To grant leave for a party to a small claims proceeding to be represented by a lawyer
National Consumer Credit Protection Act 2009
35
section 178
To order a person to pay compensation
36
subsection 199(6)
To amend the papers commencing the proceedings
37
subsections 199(7) and (8)
To grant leave for a party to a small claims proceeding to be represented by a lawyer
38
section 200
To order a party to pay costs incurred by another party
National Credit Code
39
section 37
To order a credit provider to provide a statement
40
subsection 38(7)
To determine a disputed liability and make consequential orders
41
subsection 74(2)
To make orders changing, or refusing to change, the terms of a credit contract
42
subsection 74(3)
To stay enforcement proceedings or make other orders relating to a debtor’s application to change the terms of a credit contract
43
subsection 75(1)
To vary or revoke an order under subsection 74(2)
44
subsection 75(2)
To vary or revoke a stay or order under subsection 74(3)
45
section 76
To reopen an unjust transaction that gave rise to an unjust contract, mortgage or guarantee
46
section 78
To annul or reduce an unconscionable change to a rate, fee or charge
47
subsection 96(2)
To order or refuse to order a postponement
48
subsection 96(3)
To stay enforcement proceedings until an application for postponement has been heard
49
subsection 101(1)
To order a person to deliver mortgaged goods to a credit provider
50
subsection 101(2)
To make orders varying the place at which, or time or period within which, mortgaged goods must be delivered to a credit provider
51
subsection 106(1)
To order a credit provider to credit a mortgagor
52
subsection 106(2)
To order a credit provider to compensate a mortgagor or mortgagee
53
subsection 107(3)
To determine the amount of enforcement expenses that may be recovered by a credit provider
54
section 108
To order a credit provider to return possession of goods to a mortgagor
55
section 118
To order a credit provider to pay compensation to a debtor or guarantor
Assessment Act
55A
Divisions 4 and 5 of Part 7
To make orders in relation to the provision of child support in certain circumstances
55B
Divisions 4 and 5 of Part 7 (but only if the order is:(a) made in an undefended case; or(b) made with the consent of all the parties to the case)
To make orders in relation to the provision of child support in certain circumstances
55C
section 139
To order payment of maintenance if a child is in urgent need of financial assistance
55D
section 139 (but only if the order:(a) is made in an undefended case; or(b) is made with the consent of all the parties to the case)
To order payment of maintenance if a child is in urgent need of financial assistance
Registration Act
56AA
subsection 105(2)
To give directions and make orders to resolve a difficulty arising in the application of subsection 105(1) of the Registration Act in or in relation to a particular proceeding
56AB
section 111B
To do a thing referred to in subsection 111B(1) of the Registration Act
56
section 113
To make orders for the recovery of debts
(1A) The powers of the Court mentioned in the following items of the table may only be exercised by an approved Registrar who is also a Registrar (other than a Deputy Registrar) of the Family Court:
(a) item 1K;
(b) item 6A;
(c) items 15A, 15B and 15E to 15N;
(d) items 17AA, 17B and 17C;
(e) items 18B to 18F;
(f) items 19A to 19C, 19E, 19G, 19J, 19L, 19M, 19P, 19R, 19T and 19V;
(g) item 25A;
(h) item 26A;
(i) items 27A and 27B;
(j) item 28;
(k) items 55A and 55C.
(2) The powers of the Court mentioned in items 2A and 2D of the table may only be exercised by an approved Registrar when dealing with a claim mentioned in section 548 of the Fair Work Act 2009.
(2A) The powers of the Court mentioned in item 31A of the table may only be exercised by:
(a) an approved Registrar who is also a Registrar (other than a Deputy Registrar) of the Family Court; or
(b) an approved Registrar when dealing with a case in relation to which a Registrar who is also a Deputy Registrar of the Family Court has, or has been delegated, the power to exercise the Court’s jurisdiction.
(3) The powers of the Court mentioned in items 35 and 38 to 53 of the table may only be exercised by an approved Registrar when dealing with an application for an order mentioned in subsection 199(2) of the National Consumer Credit Protection Act 2009.
Note: If a power of the Court is delegated to the Registrar under this rule:
(a) the Registrar has, in exercising the power, the same protection and immunity as a Judge has in exercising that power; and
(b) a party, legal practitioner or witness appearing before a Registrar on the hearing of any application or matter, or on the conducting of any conference or enquiry, has the same protection and immunity as if appearing in a proceeding in the Court.