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Federal Circuit Court Rules 2001
20.00A Delegation of powers to Registrar20.00A Delegation of powers to Registrars
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#### 20.00A Delegation of powers to Registrars
(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.