1 Subsection 4(1)
Federal Circuit and Family Court of Australia Act 2021
1 January 2020
10 Subsection 4(1)
Substitute 'Registry Manager' for 'Registrar'
100 Section 70M (heading)
101 Paragraph 70NFD(a)
102 Paragraph 70NFD(b)
Replace 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'
103 Subsection 79(9)
Attend a conference in relation to the matter before proceedings can continue.
104 Paragraph 79(9)(a)
Omit specified court name and substitute with new name.
105 Paragraph 79H(3)(c)
Prohibits the use of an outdated court name.
106 Subsection 90SM(9)
Repeal paragraph and substitute with parties attending a conference with the Chief Executive Officer or a Senior Registrar/Registrar.
107 Paragraph 90SM(9)(a)
Replace 'Federal Circuit Court of Australia' with 'Federal Circuit and Family Court of Australia (Division 2)'
108 Paragraph 90SQ(3)(c)
109 Part X
109AA Rules of Court relating to enforcement—Federal Circuit and
Applicability of section 109A to Rules of Court under Chapter 3
109AA(1) Rules of Court relating to enforcement—Federal Circuit and
Section 109A applies to Rules of Court under Chapter 3
References to courts and Registrars in subsection 109A(2) are clarified.
109AA(2) Rules of Court relating to enforcement—Federal Circuit and
Section 109A has no effect in relation to the Federal Circuit and Family Court of Australia (Division 1) except as provided by subsections (1) and (2) of this section.
109AA(3) Rules of Court relating to enforcement—Federal Circuit and
except as provided by subsections (1) and (2) of this section.
Defines a temporal interval for the Federal Circuit and Family Court of Australia (Division 1)
(3) Section 109A has no effect in relation to the Federal Circuit and Family Court of Australia (Division 1)
Imposes an obligation on the Federal Circuit and Family Court of Australia (Division 1)
Grants permission to the Federal Circuit and Family Court of Australia (Division 1)
Defines a recurring trace for the Federal Circuit and Family Court of Australia (Division 1)
11 Subsection 4(1) (definition of Registrar)
110 Subsection 97(1)
Substitute judges for certain court officials
111 Subsection 97(1A)
112 Subsection 97(2)
113 Subsection 98(1)
Omit 'standard Rules of Court', substitute 'applicable Rules of Court'.
114 Subsection 98(1)
115 Subsection 98(2)
116 Sections 98AA and 98AB
117 Subsection 100B(2)
118 Subsection 102F(7) (definition of courtroom)
119 Subsection 102G(2)
12 Subsection 4(1) (definition of Registry Manager)
120 Subsection 102G(3)
121 Section 102H
122 Subsection 102J(1)
123 Subsection 102J(2)
124 Paragraph 102K(1)(c)
125 Paragraph 102K(1)(d)
126 Division 3 of Part XI
Repeal heading and substitute with new text.
127 Division 4 of Part XI (heading)
Repeal and substitute paragraphs defining appropriate court officials.
128 Subsection 102Q(1) (paragraphs (a) and (b) of the
129 Subsection 105(1) (note)
Defines related Federal Circuit and Family Court of Australia Rules
13 Subsection 4(1)
Omit specific phrase from judges' names.
130 Subsection 109A(1)
131 Subsection 109A(5) (note)
132 After section 109A
Omit 'Federal Circuit Court', substitute 'Federal Circuit and Family Court of Australia (Division 2)'
133 Section 109B (heading)
Replace section 81 with Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021
134 Subsection 109B(1)
Omit specified text and substitute with new text.
135 Paragraphs 109B(2)(a) and (b)
Substitute title for Federal Circuit Court of Australia with Chief Executive Officer or a Registrar of the Federal Circuit and Family Court of Australia (Division 2)
136 Paragraph 109B(2)(c)
Omit 'Federal Circuit Court of Australia', substitute 'Federal Circuit and Family Court of Australia (Division 2)'
137 Subsection 109B(3)
Prohibition on using outdated court name
Add “or the Federal Circuit and Family Court of Australia Act 2021”.
138 At the end of subsection 111C(5)
139 Subsection 111C(7A)
13A Authorised Judges may manage classes of proceedings
Authorises a Judge to manage classes of proceedings.
13A(1) Authorised Judges may manage classes of proceedings
Imposes an obligation on the State to authorise a Judge.
A Judge is subject to direction from the Chief Justice when managing classes of proceedings.
13A(2) Authorised Judges may manage classes of proceedings
Judge is managing a class of proceedings
Authorised Judges may manage classes of proceedings
13A(3) Authorised Judges may manage classes of proceedings
Permission to manage classes of proceedings
A Judge's rank, title, status and precedence are unaffected by authorisation.
13A(4) Authorised Judges may manage classes of proceedings
...the rank, title, status and precedence as a Judge that the Judge had immediately before...
The authorisation does not affect the Judge's temporal position.
(4) The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.
The authorisation is relevant to the Judge's duties.
...the rank, title, status and precedence as a Judge...
The authorisation does not affect the Judge's rank and precedence.
The authorisation does not affect the Judge's duties.
Legislative instrument is not a direction under subsection (2) if given in writing.
13A(5) Authorised Judges may manage classes of proceedings
14 Subsection 4(1)
140 After subsection 111C(7A)
Extends power to make Rules of Court for adoption orders.
140(7B) After subsection 111C(7A)
140(7C) After subsection 111C(7A)
Repeal and substitute paragraph, amend Federal Circuit and Family Court of Australia Act
141 Paragraph 111CV(1A)(b)
142 Paragraph 111CV(1A)(d)
Repeal the definition of applicable Rules of Court
143 Section 112AA (definition of applicable Rules of Court)
Allow for variation or discharge of an order under section 112AD
144 Subsection 112AK(1)
Allow for variation or discharge of an order
145 Subsection 115(2)
References other provisions about cost awards by Federal Circuit and Family Court of Australia.
146 At the end of subsection 117(2)
147 Subsection 121(10) (note)
Prohibits omission of specified sections.
Amendments relating to the Federal Circuit and Family Court of Australia
148 After section 122
149 Subsection 122A(1)
Reference to a Family Court of a State is a reference to a court to which section 41 applies.
15 Subsection 4(1A)
Section 41 applies to Family Courts of States
150 Paragraphs 122A(1)(a) and (b)
151 Paragraphs 122A(1)(c) and (d)
152 Subsection 123(1)
Omit specific language from court references
153 Subsection 123(1)
Omit 'those courts', substitute 'the court'.
154 Subsection 123(1)
Substitute 'a court' for 'the Family Court or another court'
155 Paragraph 123(1)(b)
Imposes a duty on the State to make the substitution
156 Paragraphs 123(1)(bb), (c) and (d)
Substitute 'a court' for 'the Family Court and in any other court'
157 Paragraph 123(1)(f)
Substitute Division 2 for Divisions 2 and 3
158 Paragraph 123(1)(ma)
Substitute subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021
159 Subparagraph 123(1)(sda)(i)
16 Subsections 4(2) and (2A)
Substitute subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021
160 Subparagraph 123(1)(sdb)(i)
161 Paragraph 123(1)(sea)
162 Paragraph 123(1)(seb)
Amendment of power to make Rules of Court
163 At the end of subsection 123(1)
Omit 'Federal Circuit Court of Australia', substitute 'Federal Circuit and Family Court of Australia'.
164 Subsection 123(1A)
165 Subsection 123(2)
166 Paragraph 123(2)(b)
Substitute Chief Justice of Federal Circuit and Family Court of Australia for judges
167 Subsection 123(2A)
Imposes an obligation on judges to follow the new substitution rule
168 Subsection 123(3)
169 Subsection 124(1)
Imposes duty on the state to substitute court names
Jurisdiction under certain acts and rules is taken to be jurisdiction under this Act.
17 Subsection 4(3)
Jurisdiction is taken from other acts and rules.
Replace 'Family Court of Australia' with 'Federal Circuit and Family Court of Australia (Division 1)'
170 Subsection 124(1)
Substitute Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) for Judges in section 123.
171 Subsection 124(2)
172 Subsection 124(2)
State must substitute Chief Justice of the Court
173 Subsection 124(6)
174 Paragraph 125(1)(ba)
Substitute 'a court' for 'the Family Court and any other court'
175 Paragraph 125(1)(baa)
176 Paragraph 125(1)(ca)
Omit 'and fees prescribed under paragraph (ca)'
177 Paragraphs 125(1)(d) and (e)
Repeal and substitute definitions for administrative affairs
178 Section 4 (definition of administrative affairs)
Definition of Chief Executive Officer of the Federal Circuit and Family Court of Australia
179 Section 4
of the Federal Circuit and Family Court of Australia
means the Chief Executive Officer and Principal
Chief Executive Officer of the Federal Circuit and Family Court of Australia
No proceedings by way of a matrimonial cause shall be instituted except under this Act.
18 Subsection 8(1)
Prohibits proceedings by way of a matrimonial cause
Repeal and substitute definition of corporate services
180 Section 4 (definition of corporate services)
Repeal definition of Family Court Chief Executive Officer
181 Section 4 (definition of Family Court Chief Executive
Defines family law or child support proceeding and Federal Circuit and Family Court of Australia
182 Section 4
...or (c) the Child Support (Registration and Collection) Act 1988
other than a proceeding under section 72Q of that Act.
...or (b) the Child Support (Assessment) Act 1989; or...
Insert: family law or child support proceeding means...
...or (b) the Federal Circuit and Family Court of Australia (Division 2)
Federal Circuit and Family Court of Australia means...
...or (b) the Child Support (Registration and Collection) Act 1988
family law or child support proceeding means a proceeding under...
Repeal definitions related to Federal Circuit Court and Family Court of Australia
183 Section 4
A person must meet certain qualifications to be appointed as a Judge.
184 Subsection 6(2)
Mandatory qualification for appointment.
185 After section 13
Insertion of 'of the Court' after 'another Judge'
186 Subsection 15(1AAA)
187 Section 15A
Administrative matters related to judgments
188 After paragraph 18A(1B)(e)
189 After paragraph 18A(1B)(h)
18PA Marshal
Marshal is responsible for security of the Court and personal security of Judges and officers and staff.
18PA(1) Marshal
Marshal's responsibility starts during the commencement of the Act.
(1) The Marshal of the Court is responsible for: (a) the security of the Court; and (b) the personal security of the Judges and officers and staff of the Court.
The Marshal has responsibility for security of the Court and personal security of Judges and officers and staff.
Marshal has responsibility for security of the Court and personal security of Judges and officers and staff.
Marshal has authority to perform duties related to security of the Court and personal security of Judges and officers and staff.
Marshal's responsibility is limited to the duration of the Act.
Responsibility of Marshal to take, receive and detain persons committed by the Court.
18PA(2) Marshal
Marshal has an obligation to perform duties.
Deputy Marshals may exercise or perform Marshal's powers and functions.
18PB Deputy Marshals
18PC Authorised persons to assist the Marshal or Deputy Marshals
The Marshal may authorise persons to assist in exercising powers or performing functions.
18PC(1) Authorised persons to assist the Marshal or Deputy Marshals
Authorisation of persons to assist the Marshal.
18PC(2) Authorised persons to assist the Marshal or Deputy Marshals
to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.
Temporal relationship between authorisation and assistance
(2) A Deputy Marshal of the Court may authorise persons...
Delegation of powers under the finance law
18ZC Delegation of powers etc. under the finance law
Must make APS employees available for assisting the Chief Executive Officer in performing functions under sections 84 and 278 of the Federal Circuit and Family Court of Australia Act 2021.
18ZF Making arrangements relating to APS employees
Obligation to make APS employees available
Delegation of powers under the Public Service Act 1999
18ZG Delegation of powers etc. under the Public Service Act 1999
Subdelegation of powers under this Division
18ZJ Subdelegation of powers under this Division
18ZK Officers of the Court and the Federal Circuit and Family
18ZK(1) Officers of the Court and the Federal Circuit and Family
A person may be an officer of one or more courts:
Subsection (1) has effect despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2021.
18ZK(2) Officers of the Court and the Federal Circuit and Family
Section 18ZK(2) overlaps with other sections
despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2021.
Continues effect despite other provisions
19 Section 9
List of individuals for marshals and deputy marshals
190 After paragraph 18N(1)(d)
Omit 'and the Marshals', substitute 'the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988'
191 Subsection 18N(4)
192 Subsection 18N(5)
193 At the end of Division 3 of Part IIA
Substitute corporate services of Federal Circuit and Family Court of Australia
194 Paragraphs 18Z(1)(b) and (c)
Repeal and substitute certain judicial positions with new ones.
195 Paragraphs 18Z(3)(b) to (e)
Consultation before imposing expenditure obligation
196 Subsection 18Z(5)
The consultation must occur before the decision is made.
Before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table.
The Chief Executive Officer MUST consult the person or persons mentioned in that item about the decision.
Chief Executive Officer must consult the person or persons mentioned in that item about the decision.
The person or persons mentioned in that item MUST consent to the decision, OR the Attorney-General MUST consent to the decision.
Duty to obtain consent from Attorney-General
Either the person or persons mentioned in that item MUST consent to the decision, OR the Attorney-General MUST consent to the decision.
The Attorney-General MUST consent to the decision.
The duty to consult is recurring and must be performed every time a decision is made.
When performing functions, or exercising powers, under this section, the Chief Executive Officer MUST consult the person or persons mentioned in that item about the decision.
Repeal and substitute subparagraphs related to the Federal Circuit and Family Court of Australia
197 Subparagraphs 18ZB(a)(iv) to (ix)
Repeal and substitute certain functions of the Chief Executive Officer.
198 Subparagraphs 18ZB(e)(ii) and (iii)
Repeal section and substitute with new provision
199 Section 18ZC
2 Subsection 4(1)
Authorise family counsellors under section 281 of the Federal Circuit and Family Court of Australia Act 2021.
20 Paragraphs 10C(1)(c) and (d)
Repeal and substitute certain administrative affairs
200 Subparagraphs 18ZD(1)(b)(ii) to (iv)
Consultation about spending before spending a part of the outcome amount for another outcome
201 Subsections 18ZD(2) and (3)
The Chief Executive Officer MUST consult the person or persons mentioned in that item about the spending; and obtain the consent of: (i) the person or persons mentioned in that item to the spending; or (ii) the Attorney-General to the spending.
Must consult and obtain consent before spending
The Chief Executive Officer must spend the outcome amount.
Repeal and substitute certain sections of the Federal Circuit and Family Court of Australia Act 2021.
202 Subparagraphs 18ZE(2)(b)(ii) and (iii)
Repeal sections and substitute with new ones.
203 Sections 18ZF and 18ZG
Repeal and substitute certain officers of the Federal Circuit and Family Court of Australia
204 Paragraphs 18ZH(1)(b) and (c)
205 Subsections 18ZH(2) and (3)
Delegation of powers to the Chief Executive Officer's officers
205(2) Subsections 18ZH(2) and (3)
Appointment to multiple offices can be made in a single instrument.
205(3) Subsections 18ZH(2) and (3)
(3) The appointment of a person to more than one office...
Repeal paragraphs and substitute with new court divisions.
206 Paragraphs 18ZI(1)(b) and (c)
Substitute Chief Executive Officer's powers to the Federal Circuit and Family Court of Australia
207 Subsections 18ZI(4) and (5)
208 Section 18ZJ
Repeal section and substitute with new content.
209 Section 18ZK
Authorise family dispute resolution practitioners
21 Paragraphs 10G(1)(c) and (d)
210 Paragraphs 24(1)(d) and (e)
211 Subsection 25(1AA)
212 Paragraph 29(1)(a)
213 Section 32AA (heading)
214 Paragraphs 32AA(1)(a) and (b)
Substitute court name in paragraph 32AA(2)(b)
215 Paragraph 32AA(2)(b)
Omit 'Federal Circuit Court', substitute 'Federal Circuit and Family Court of Australia'.
216 Section 32AB (heading)
Omit 'Federal Circuit Court' and substitute with 'Federal Circuit and Family Court of Australia'.
217 Subsections 32AB(1), (3), (4), (5) and (6)
218 Subsection 32AB(7)
Repeal subsection, substitute with new jurisdiction for Federal Circuit and Family Court of Australia
219 Subsection 32AB(8A)
Omit 'Family Court', substitute 'Federal Circuit and Family Court of Australia (Division 2)'
22 Section 10P
220 After section 32AB
Substitute 'The Minister must' for 'The Governor-General shall'.
221 Subsections 34(1) and (2)
Substitution of 'Minister' for 'Governor-General'
222 Subsection 34(2)
223 Subsection 49(2)
Orders and reasons may be made public by another Judge.
223(2) Subsection 49(2)
Permission to make orders and reasons public.
Judges may make public reasons prepared by another Judge on behalf of the original Judge.
223(2A) Subsection 49(2)
Substitute 'this section' for 'subsection (2)'
224 Subsection 49(3)
225 After section 55
226 After subsection 59(1)
Transfer of proceedings from Federal Circuit and Family Court of Australia is prohibited.
227 After paragraph 59(2)(r)
Defines commencement day as the day the Schedule commences.
228 Definitions
Amendments apply to proceedings commenced before, on or after commencement day.
229 Application
Omit reference to Division 1A of Part IVA and substitute with a new reference.
23 Section 11B (note)
Continuation of written authorisation under Family Law Act 1975
230 Authorisation about handling complaints
As if it had been made under subsection 48(2) of the Federal Circuit and Family Court of Australia Act 2021.
Written authorisation under subsection 21B(3A) of the Family Law Act 1975
Continuation of arrangements with other courts
231 Arrangements with other courts
Continuation of arrangements under Family Law Act 1975
232 Arrangements with agencies or organisations
Continuation of certain instruments under section 38W Family Law Act 1975
233 Delegation
Continuation of a proclamation despite repeal
234 Proclamation
Temporal relationship between the repeal and continuation of the proclamation
235 Oaths and affirmations
continues in force immediately before the commencement day.
Written authorisation under subsection 98AA(2) of the Family Law Act 1975
as if it had been made under subsection 71(2) of the Federal Circuit and Family Court of Australia Act 2021.
Affixing seal or stamp of Family Court until end of 12-month period
236 Seals and stamps
Amendments do not affect continuity of certain Rules of Court.
237 Continuity of Rules of Court
Continuation of existing Registry on commencement day
238 Registries of the Federal Court of Australia
Repeal paragraph, substitute with conditions for age and education
239 Paragraph 127(1)(a)
Defines a temporal interval for the obligation
Substitute subsection 281(3) of the Federal Circuit and Family Court of Australia Act 2021
24 Subsection 11C(1) (note 1)
Application provision for amendment of Federal Circuit and Family Court of Australia Act 2021
240 Application provision
Omit 'the Chief Justice', substitute 'Judges'.
241 Section 700-1 (paragraph (b) of the definition of
242 Section 9 (paragraph (c) of the definition of Corporations
Substitute 'Judges' for 'the Chief Justice'
243 Subsection 109A(1)
244 Subsection 111C(7A)
245 Subsection 111C(7B)
Substitute 'Judges' for 'the Chief Judge'
246 Subsection 111C(7C)
Substitute judges for Chief Justice in Division 1
247 Subsection 123(1)
248 Subsection 123(1) (note 1)
249 Subsection 123(1) (note 2)
25 Section 11D
250 Subsection 123(2)
Reference to a rule-maker is treated as a reference to the Chief Justice acting on behalf of the Judges of that Court.
251 After paragraph 123(2)(a)
Includes temporal interval of when the Chief Justice acts on behalf of the Judges.
Treats a reference to a rule-maker as a reference to the Chief Justice acting on behalf of the Judges.
252 Subsection 123(2A)
Substitute the function of the Rules Advisory Committee.
253 Subsection 124(2)
Substitute 'Judges, or a majority of them' for 'Chief Justice'
254 Subsection 76(1)
255 Subsection 76(1) (note)
256 After subsection 76(1)
257 Subsection 76(4)
Reference to rule-maker is treated as reference to Chief Justice acting on behalf of Judges.
258 After paragraph 76(4)(a)
Indicates overlap between 'rule-maker' and 'Chief Justice acting on behalf of Judges'.
Rule-maker is a type of Chief Justice acting on behalf of Judges.
Recognizes 'rule-maker' being treated as 'Chief Justice acting on behalf of Judges'.
Treats a reference to rule-maker as a reference to Chief Justice acting on behalf of Judges.
Rule-maker is treated as Chief Justice acting on behalf of Judges.
Diffuses information about 'rule-maker' being treated as 'Chief Justice acting on behalf of Judges'.
Holds true for all cases where 'rule-maker' and 'Chief Justice acting on behalf of Judges' overlap.
Substitution of 'Judges' for 'Chief Justice'
259 Subsection 76(5)
Substitute a family consultant nominated by the Chief Executive Officer for the Federal Circuit and Family Court of Australia.
26 Subparagraphs 11E(1)(e)(i) and (ia)
260 Section 77
Repeal subsection, substitute with new appointment rules for the Chief Justice.
261 Subsection 82(2)
Substitution of judges in subsection 98(1)
262 Subsection 98(1)
Substitution of 'Judges' with 'Judges, or a majority of them'
263 Subsection 217(1)
Repeal note and amend Federal Circuit and Family Court of Australia Act
264 Subsection 217(1) (note)
Proposed Rules of Court cannot be made if inconsistent with the aim mentioned in paragraph 216(a)
265 After subsection 217(1)
Proposed Rules of Court are not to be made if inconsistent with the aim mentioned in paragraph 216(a) during that time period
Chief Judge considers Proposed Rules of Court during a specific time period
Proposed Rules of Court are not to be made if inconsistent with the aim mentioned in paragraph 216(a)
Chief Judge considers Proposed Rules of Court and the aim mentioned in paragraph 216(a)
266 Subsection 217(3)
Reference to a rule-maker is treated as a reference to the Chief Judge acting on behalf of the Judges of the Court.
267 After paragraph 217(3)(a)
Treats a reference to a rule-maker as a reference to the Chief Judge acting on behalf of the Judges of the Court.
Substitution of 'Judges' for 'Chief Judge' in subsection 217(4)
268 Subsection 217(4)
269 Section 218
27 Subparagraph 11E(1)(e)(iii)
Repeal subsection, substitute with new appointment rules for the Chief Judge.
270 Subsection 249(2)
Substitute 'Judges, or a majority of them' for 'The Chief Judge'
271 Subsection 254(1)
272 Subsection 56A(5)
Amendments apply in relation to rules of court made after commencement.
273 Application of amendments
274 Continuity of rules of court
Omit specified court names and substitute with new names.
28 Section 13G (heading)
Repeal paragraphs and substitute with new courts.
29 Paragraphs 13G(1)(a), (b) and (c)
3 Subsection 4(1) (definition of applicable Rules of Court)
30 Subsection 13G(3)
Omit specified court names and substitute with new name.
31 Section 13J (heading)
Repeal and substitute paragraphs related to the Federal Circuit and Family Court of Australia
32 Paragraphs 13J(1)(a), (b) and (c)
32AC Discretionary transfer of civil proceedings from the Federal
Transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2) to the Court.
32AC(1) Discretionary transfer of civil proceedings from the Federal
...the Court may, by order, transfer the proceeding...
(1) If: (a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2);
Granting permission to transfer proceedings
Section does not apply to proceedings of a kind specified in the regulations.
32AC(10) Discretionary transfer of civil proceedings from the Federal
Court may transfer proceeding on its own initiative or at party's request.
32AC(2) Discretionary transfer of civil proceedings from the Federal
Rules of Court may make provision in relation to transfers of proceedings from the Federal Circuit and Family Court of Australia.
32AC(3) Discretionary transfer of civil proceedings from the Federal
Court must consider factors when deciding to transfer proceedings.
32AC(4) Discretionary transfer of civil proceedings from the Federal
Consultation requirement before making Rules of Court
32AC(5) Discretionary transfer of civil proceedings from the Federal
Consultation must occur before making Rules of Court
Court must consult Federal Circuit and Family Court of Australia (Division 2)
Rules of Court are made for the purposes of subsection (3) or (4)
Court must consider certain factors when deciding to transfer a proceeding.
32AC(6) Discretionary transfer of civil proceedings from the Federal
The Court must have regard to...whether the resources of the Court are sufficient to hear and determine the proceeding;
Court's resources are sufficient to hear and determine the proceeding.
(6) In deciding whether to transfer a proceeding...
Court has an obligation to consider certain factors.
The Court must have regard to...whether proceedings in respect of an associated matter are pending in the Court;
Court has an obligation to consider associated matters.
Court has an obligation to consider its resources.
Court's capacity is sufficient for the proceeding.
No appeal from Court decision on transfer of proceeding under this section.
32AC(7) Discretionary transfer of civil proceedings from the Federal
Court has jurisdiction in a matter that meets certain conditions.
32AC(8) Discretionary transfer of civil proceedings from the Federal
The matter does not have jurisdiction apart from this subsection.
(b) is a matter in which the Court does not have jurisdiction apart from this subsection.
The Court has jurisdiction in a matter that meets these conditions.
(a) is the subject of a proceeding transferred to the Court under this section; and (b) is a matter in which the Court does not have jurisdiction apart from this subsection.
The proceeding transferred to the Court under this section is a matter in which the Court does not have jurisdiction apart from this subsection.
Section does not apply to criminal proceedings.
32AC(9) Discretionary transfer of civil proceedings from the Federal
32AD Confirmation of civil proceedings transferred from the
The Court may confirm the transfer of a proceeding to itself.
32AD(1) Confirmation of civil proceedings transferred from the
Court may receive further evidence to decide on making an order.
32AD(2) Confirmation of civil proceedings transferred from the
Court has jurisdiction in a matter transferred from the Federal Circuit and Family Court of Australia.
32AD(3) Confirmation of civil proceedings transferred from the
(3) The Court has jurisdiction in a matter that:
No appeal from a decision confirming the transfer of proceedings.
32AD(4) Confirmation of civil proceedings transferred from the
Prohibits appeal from a decision confirming transfer.
Omit 'Federal Circuit Court of Australia' and substitute with 'Federal Circuit and Family Court of Australia (Division 2)'
33 Subsection 13J(2)
34 Section 13K (heading)
35 Paragraphs 13K(1)(a) and (b)
36 Parts IV and IVA
Repeal paragraph and substitute with new text
37 Paragraph 39(1)(a)
38 Subsection 39(1A)
39 Subsection 39(5)
Jurisdiction in relation to transferred matters under other laws
39G Jurisdiction in relation to transferred matters under other
Substitute definition of Chief Executive Officer with Schedule 1 Amendments
4 Subsection 4(1) (definition of Chief Executive Officer)
40 Paragraph 39(5)(b)
Repeal paragraph 39(5)(d) and substitute with new provisions.
41 Paragraph 39(5)(d)
Prohibits instituting proceedings under certain regulations.
Regulations made for the purposes of section 109, 110, 111, 111A or 111B; or paragraph 125(1)(f) or (g); or provisions of the applicable Rules of Court.
42 Subsections 39(5AA) and (5A)
43 Paragraph 39(6)(b)
Repeal paragraph 39(6)(d) and substitute with new provisions.
44 Paragraph 39(6)(d)
Prohibits instituting proceedings under certain regulations or provisions.
Repeal paragraphs, substitute Federal Circuit and Family Court of Australia or amend related amendments.
45 Paragraphs 39A(1)(a) and (b)
Repeal paragraphs and substitute with new provisions.
46 Paragraphs 39B(1)(a) and (b)
Repeal notes and substitute with new text
47 Subsection 39B(1) (notes 1 and 2)
47A Appeals from courts of summary jurisdiction
Appeal from a decree of a court of summary jurisdiction
47A(1) Appeals from courts of summary jurisdiction
An appeal is during the validity of the decree
Appeal is during the validity of the decree
(1) Subject to section 47B, an appeal lies from a decree of a court of summary jurisdiction
Subsection (1) does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
47A(2) Appeals from courts of summary jurisdiction
...a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
Indicates that subsection (1) and the specified court decree overlap in time.
Identifies the specified court decree as relevant to subsection (1).
...a Family Law Magistrate of Western Australia.
Excludes subsection (1) from applying to a specific type of court decree.
Spreads information about subsection (1) to include the specified court decree.
Establishes a temporal relationship between subsection (1) and the specified court decree.
Appeal must be instituted within prescribed time
47A(3) Appeals from courts of summary jurisdiction
(3) An appeal under subsection (1) must be instituted...
Supreme Court has federal jurisdiction over matters arising under the Act.
47A(4) Appeals from courts of summary jurisdiction
Appeals to Supreme Court may not be instituted after a specified date.
47A(5) Appeals from courts of summary jurisdiction
...fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted...
The proclamation overlaps with the appeal period.
(5) The Governor-General may, by Proclamation...
The proclamation recognizes the appeal period.
...and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes.
Prohibits appeals to Supreme Court after a specified date.
The proclamation diffuses the appeal period.
The appeal period ends before the proclamation.
Court must proceed by way of a hearing de novo.
47A(6) Appeals from courts of summary jurisdiction
47B Leave to appeal needed for child support matters
Leave of a single Judge is required to appeal from a decree in child support matters.
47B(1) Leave to appeal needed for child support matters
...appeal from a decree in child support matters.
(1) Leave of a single Judge is required...
Implies that appeal without leave is prohibited
Leave of the Supreme Court is required to appeal in child support matters.
47B(2) Leave to appeal needed for child support matters
...appeal to the Court from a decree of a court of summary jurisdiction...
Prohibits appealing without leave of the Supreme Court.
(2) Leave of the Supreme Court of a State or Territory is required to appeal...
Classifies leave of the Supreme Court as a requirement for appealing child support matters.
Implicates that appealing without leave of the Supreme Court is not allowed.
Application for leave to appeal must be made within a specified time.
47B(3) Leave to appeal needed for child support matters
Applicable Rules of Court may make provision for enabling applications without an oral hearing.
47B(4) Leave to appeal needed for child support matters
47C Appeal may be dismissed if no reasonable prospect of success
Court may dismiss appeal if no reasonable prospect of success
47C(1) Appeal may be dismissed if no reasonable prospect of success
the court may, at any time, order that the proceedings on the appeal be dismissed.
(a) an appeal has been instituted in a court under this Division;
47C(2) Appeal may be dismissed if no reasonable prospect of success
47D Appeals to High Court may not be brought
Appeals to High Court are not allowed from certain courts
47D(1) Appeals to High Court may not be brought
47D(2) Appeals to High Court may not be brought
Court has appellate jurisdiction in relation to matters arising under regulations made for the purposes of section 111C.
47E Regulations to be sole source of certain appellate jurisdiction
Jurisdiction is during the effective period of those regulations
Jurisdiction is during the effective period of the regulations
Regulations made for the purposes of section 111C
Court has appellate jurisdiction in relation to matters arising under those regulations
48 Section 39G
49 Section 40 (heading)
5 Subsection 4(1)
Omit 'Family Court under this Act' and substitute with Federal Circuit and Family Court of Australia (Division 2) under this Act or the Federal Circuit and Family Court of Australia Act 2021.
50 Subsection 40(1)
Omit all words after 'have been instituted in' and substitute with the Federal Circuit and Family Court of Australia (Division 2)
51 Subsection 40(6)
Substitute with the Federal Circuit and Family Court of Australia (Division 2)
Defines a temporal interval for omitting words after 'have been instituted in'
Omit all words after 'have been instituted in'
Prohibits omitting words after 'have been instituted in'
Omit 'standard Rules of Court' and substitute with Federal Circuit and Family Court of Australia rules.
52 Subsection 40(7)
Prohibits the use of standard Rules of Court.
53 Section 40A
Substitute certain references in the Act with new ones.
54 Subsection 41(3)
Imposes an obligation on the legislative body.
55 Subsection 41(5)
Marshal must direct writs and commands to a disinterested person appointed by the Court or Judge.
55AA Actions by or against Marshal
Omit specified text from court jurisdiction under this Act.
56 Subsection 43(1)
57 Subparagraph 44(1B)(a)(ii)
58 Subparagraph 44(1B)(a)(iii)
59 Subsection 45(1)
Add certain court acts to the definition of court.
6 Subsection 4(1) (at the end of the definition of court)
60 Subsection 45(2)
No appeal after divorce order takes effect
60 No appeal after divorce order takes effect
Prohibits appeals after divorce order takes effect
61 Paragraphs 45(2)(a) and (b)
Repeal notes and substitute with new references to other sections.
62 Subsection 45(2) (notes 1 and 2)
Repeal and substitute certain courts with new ones.
63 Subparagraphs 46(1)(a)(i) to (iii)
Repeal and substitute certain court divisions with the Federal Circuit and Family Court of Australia or a State Family Court.
64 Subparagraphs 46(1)(b)(i) to (iii)
65 Paragraphs 46(1C)(a) to (c)
66 Paragraphs 46(2A)(c) to (e)
67 Subsection 46(3A)
68 Paragraphs 46(3A)(a) to (c)
69 At the end of Part V
Jurisdiction of Federal Circuit and Family Court of Australia
69H Jurisdiction of Federal Circuit and Family Court of Australia
Duties and powers of persons hearing child-related proceedings in Chambers
69ZO This Division also applies to proceedings in Chambers
have all of the duties and powers that a court has under this Division:
Repeal definition of Deputy Chief Justice
7 Subsection 4(1) (definition of Deputy Chief Justice)
Repeal of certain orders made by the Chief Executive Officer or a Senior Registrar/Registrar of the Federal Circuit and Family Court of Australia.
70 Subsection 55(5) (paragraphs (d) and (e) of the definition
Specify the authority for issuing a divorce order certificate.
71 Subsection 56(2)
The state has the authority to issue a divorce order certificate.
72 At the end of Part VI
Repeal and substitute definition of this Act with applicable Rules of Court.
73 Subsection 60F(5) (definition of this Act)
74 Section 60G (heading)
75 Subsection 60G(1)
76 Subsection 60H(6) (definition of this Act)
77 Subsection 60HA(4) (definition of this Act)
Repeal definition, substitute with applicable Rules of Court.
78 Subsection 60HB(2) (definition of this Act)
79 Subsections 60I(2) to (5)
Definition of Federal Circuit and Family Court of Australia
8 Subsection 4(1)
80 Subsection 60I(6) (heading)
81 Paragraph 60J(1)(a)
82 Subsection 64B(9) (definition of this Act)
Transfer of proceedings between Federal Circuit and Family Court divisions
83 Subsection 65D(3) (note)
Substitute approved form for prescribed form.
84 Subsection 67Z(2)
85 Subsection 67Z(4)
86 Subsection 67Z(4) (definition of prescribed form)
Repeal paragraph and substitute with new provisions for Chief Executive Officer, Senior Registrar, or Registrar of the Federal Circuit and Family Court of Australia.
87 Paragraph 67ZA(1)(a)
88 Paragraph 67ZA(1)(c)
89 Subsection 67ZBA(2)
Repeal definitions of Federal Circuit Court and its CEO.
9 Subsection 4(1)
90 Subsection 67ZBA(4)
approved form means a form approved for the purposes of this section under the applicable Rules of Court.
91 Subsection 67ZBA(4) (definition of prescribed form)
92 Section 69H (heading)
Substitute 'Federal Circuit and Family Court of Australia (Division 2)' for 'Family Court'
93 Subsection 69H(1)
94 Subsection 69H(4)
95 Paragraphs 69N(2)(a) to (d) and (3)(a) to (d)
Replace existing paragraphs with new ones.
Repeal and substitute certain court divisions.
96 Subparagraphs 69N(5)(b)(i) to (iv)
97 Paragraphs 69N(6)(a) to (d)
Repeal section and substitute with new text.
98 Section 69ZO
Substitute “a person” for certain judicial titles.
99 Subsection 69ZR(3)
Omit 'Family Court of Australia', substitute 'Federal Circuit and Family Court of Australia (Division 1)'
1 Paragraph 7(2)(a)
10 Subsections 44AA(11) and (12)
100 Subsection 46PS(1)
Award costs in proceedings under section 46PO
101 Section 46PSA (note 2)
101 Appeals from courts of summary jurisdiction
A Family Court of a State has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the State.
101(1) Appeals from courts of summary jurisdiction
The jurisdiction applies during the appeals process.
(1) A Family Court of a State has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the State.
A Family Court of a State has jurisdiction to hear and determine appeals.
The Family Court has jurisdiction to hear and determine appeals.
The jurisdiction applies to all courts within the State.
The jurisdiction applies to all appeals from decrees of summary courts.
The jurisdiction is limited to the appeals process.
Supreme Court of the Northern Territory has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction.
101(2) Appeals from courts of summary jurisdiction
102 Paragraphs 46PU(1)(a) and (b)
102 Appeals to High Court
102(1) Appeals to High Court
If subsection (1) is inconsistent with section 73 of the Constitution, add words to end of subsection (1)
102(2) Appeals to High Court
103 Subsection 46PV(1)
Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts.
103ZC Simplified outline of this Division
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts.
104 Section 49B (heading)
105 Section 49B
106 Subsection 49C(2)
106 Appeals from courts of summary jurisdiction
106(1) Appeals from courts of summary jurisdiction
The Family Court has jurisdiction during the appeals process.
A Family Court must provide jurisdiction to hear and determine appeals.
106(2) Appeals from courts of summary jurisdiction
106 Section 106
106(1) Section 106
Consent continues in force after commencement day
106(2) Section 106
Continuation of preventative detention orders
106(3) Section 106
Defines commencement day as the day Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences.
106(4) Section 106
Repeal paragraph, substitute Federal Circuit and Family Court of Australia Division 2.
107 Section 5 (paragraph (b) of the definition of prescribed
107 Appeals to High Court
107(1) Appeals to High Court
Adds words to subsection (1) of section 73 of the Constitution for High Court appeals.
107(2) Appeals to High Court
Substitute name of court in Australian Securities and Investments Commission Act 2001
108 Subsection 6(2)
Repeal the definition of Family Court Judge
109 Subsection 12BA(1) (definition of Family Court Judge)
11 Subsection 44A(2A)
Omit 'Family Court', substitute 'Federal Circuit and Family Court of Australia (Division 1)'
110 Section 12GL (heading)
111 Subsection 12GL(1)
Omit 'Family Court' and substitute with Federal Circuit and Family Court of Australia (Division 1)
112 Subsection 12GL(3)
113 Paragraphs 12GL(3)(a), (b), (c), (d) and (e)
114 Subparagraph 12GL(3)(f)(i)
Omit 'Family Court Judge', substitute 'Judge of the Federal Circuit and Family Court of Australia (Division 1)'
115 Subparagraphs 12GL(3)(f)(ii) and (iii)
116 Subparagraph 12GL(3)(f)(iv)
117 Subsections 12GL(4) and (5)
Repeal paragraph (c) of the definition of superior court and substitute with Federal Circuit and Family Court of Australia Division 1.
118 Section 34A (paragraph (c) of the definition of superior
A State Family Court must be a court to which section 41 of the Family Law Act 1975 applies.
119 Section 34A (after paragraph (d) of the definition of
Must be a court to which section 41 of the Family Law Act 1975 applies.
12 Subsection 44A(2A)
Repeal and substitute certain provisions with new ones.
120 Paragraph 72(3)(b)
Replace existing provisions with new ones.
Repeal definitions of Family Court Judge and Federal Circuit Court
121 Subsection 5(1)
122 Subsection 5(1) (paragraph (b) of the definition of
Repeal the definition of the Family Court
123 Subsection 5(1) (definition of the Family Court)
124 Subsection 27(1)
125 Paragraph 27(1)(b)
Substitute jurisdiction heading in Schedule 2
126 Section 35 (heading)
127 Subsections 35(1) and (1A)
Omit 'Family Court's jurisdiction' and substitute with 'jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)'
128 Subsection 35(2)
129 Section 35A (heading)
Omit specified term and substitute with new term.
13 Paragraph 44A(3)(b)
Transfer proceeding to Federal Circuit and Family Court of Australia (Division 1) on application or motion.
130 Subsection 35A(1)
131 Subsection 35A(2)
Transfer a proceeding to the Federal Circuit and Family Court of Australia (Division 1) on application or initiative.
132 Subsection 35A(2A)
133 Subsection 35A(3)
134 Paragraphs 35A(3)(a) to (e)
135 Subparagraph 35A(3)(f)(i)
136 Subparagraphs 35A(3)(f)(ii) and (iii)
137 Subparagraph 35A(3)(f)(iv)
Repeal note and substitute with new rule
138 Subsection 35A(3) (note)
Transfer of proceedings to the Federal Circuit and Family
138E Transfer of proceedings to the Federal Circuit and Family
139 Subsection 35A(4)
14 Section 46 (heading)
Prohibition on appeal from certain decisions of Federal Courts and Family Courts.
140 Subsection 35A(5)
Prohibits appeal from certain decisions.
141 Subsection 35B(1)
142 Paragraph 35B(2)(a)
Omit 'Registrar of the Family Court', substitute 'Registrar of the Federal Circuit and Family Court of Australia (Division 1)'
143 Paragraph 35B(2)(b)
Repeal the definition of Federal Circuit Court
144 Section 9 (definition of Federal Circuit Court)
145 Section 9 (paragraph (c) of the definition of issuing
Repeal paragraph, substitute with Federal Circuit and Family Court of Australia Division 2
146 Section 9 (paragraph (b) of the definition of relevant
Replace existing definition with new one
Magistrates and judges cannot issue warrants for entry or possession without certain matters being satisfied.
147 Section 486
The amendments apply between the commencement date and the end of the period specified in the Schedule.
Temporal interval between amendment and commencement
The amendments take effect on the commencement date.
They cannot issue warrants without certain matters being satisfied.
Magistrates and judges may issue warrants.
The amendments apply until the end of the period specified in the Schedule.
Repeal subparagraph, substitute with Federal Circuit and Family Court of Australia or Broadcasting Services Act 1992
148 Subparagraph 41(7)(b)(ii) of Schedule 6
149 Subsection 6(1) (definition of Federal Circuit Court)
Omit 'Federal Circuit Court of Australia' and substitute 'Federal Circuit and Family Court of Australia (Division 2)'
15 Subsections 46(1), (2) and (3)
Payment of compensation for contravention of Commonwealth Procurement Rules
15 Simplified outline of this Part
150 Paragraph 121FS(1)(b)
Repeal subparagraphs and substitute with new entities
151 Subparagraphs 205AD(b)(ii) and 205AF(5)(b)(ii)
152 Subitem 33(2) of Schedule 7
Repeal definition of Federal Circuit Court
153 Section 5 (definition of Federal Circuit Court)
154 Section 5 (paragraph (b) of the definition of relevant
Substitute court name in Federal Circuit Court Act
155 Paragraphs 114(1)(e), (f) and (g)
Imposes duty on the state to substitute court name
156 Section 3 (paragraph (b) of the definition of Court)
Repeal and substitute with new court division.
157 Paragraph 51(5)(b)
Replace existing paragraph with new text.
Defines terms related to Federal Circuit and Family Court of Australia
158 Subsection 5(1)
Full Court of the Federal Circuit and Family Court of Australia (Division 1) has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021.
Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.
related Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975.
Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.
Repeal definition of related Federal Circuit Court Rules
159 Subsection 5(1) (definition of related Federal Circuit
Stay of proceedings—Federal Circuit and Family Court of Australia (Division 2)
15A Stay of proceedings—Federal Circuit and Family Court of
16 Subsection 3(1) (definition of Family Court Judge)
Replace 'Family Court' with 'Federal Circuit and Family Court of Australia'
160 Subsection 17(1)
Imposes a duty on the state to replace 'Family Court'
Make counselling facilities available to appropriate officers.
161 Subsection 17(2)
Obligation to make counselling facilities available.
162 Section 98X
163 Subsection 99(1)
Schedule 2: Further consequential amendments
164 At the end of section 99
Omit certain court rules and substitute with others.
165 Subsection 100(1)
166 Sections 101 to 105
Decision becomes final after specified period without appeal.
167 Paragraphs 144(a) and (b)
Repeal definitions of Family Court and Family Law Magistrate of Western Australia.
168 Subsection 4(1)
169 Subsection 4(1)
Defines Federal Circuit and Family Court of Australia (Division 2) Rules
17 Subsection 3(1)
170 Subsection 4(1) (definition of Full Court)
Defines Full Court of the Federal Circuit and Family Court of Australia
171 Subsection 4(1)
172 Subsection 4(1) (definition of Judge)
173 Subsection 4(1)
174 Subsection 4(1) (definition of related Federal Circuit
175 Subsection 72Q(1)
176 Section 103ZC
177 Subsection 104(1)
section 26 of the Federal Circuit and Family Court of Australia Act 2021
178 At the end of section 104
179 Subsection 105(1)
18 Subsection 3(1)
Repeal sections and substitute with new provisions.
180 Sections 106 to 110
181 Subsection 110W(2) (heading)
Repeal and substitute a decision with the Full Court of the Federal Circuit and Family Court of Australia (Division 1)
182 Paragraph 110W(2)(a)
Repeal paragraphs, substitute with new definitions
183 Paragraphs 110W(3)(a) and (b)
184 Section 5 (paragraph (b) of the definition of eligible
Insert '(1)' before 'Proceedings are also'
185 Section 16
Insertion of '(1)' before 'Proceedings are also'
Proceedings are excluded from the extent that they fall within the original or appellate jurisdiction of the Federal Circuit and Family Court of Australia.
186 At the end of section 16
Replace reference to Federal Circuit Court of Australia Act 1999 with Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.
187 Section 18
Imposes a duty on the legislative body to make the change.
188 Subsection 4(1) (definition of Federal Circuit Court)
Omit 'Federal Circuit Court' and substitute with 'Federal Circuit and Family Court of Australia (Division 2)'
189 Sections 39DA and 39DB
Omit all words after 'before the Federal Court' and substitute with a transfer from the Federal Circuit and Family Court of Australia.
19 Subsection 3(10)
under section 32AD of the Federal Court of Australia Act 1976
Defines a temporal interval for the transfer
Transfer by the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2021 that has been confirmed...
by the Federal Court under section 32AC of the Federal Court of Australia Act 1976
Substitute with a transfer from the Federal Circuit and Family Court of Australia.
Prohibits the omission of words after 'before the Federal Court'
Omit all words after 'before the Federal Court'
Diffuses the transfer to multiple parties
Establishes a recurring trace for the transfer
Repeal paragraph and substitute with new court division.
190 Paragraph 49A(4)(b)
191 Section 52C (heading)
Substitute court name in subsection 52C(1)
192 Subsection 52C(1)
Imposes a duty on the legislative body to make the substitution
193 Paragraphs 52C(2)(e), (f) and (g)
194 Subsection 52C(3)
Prohibits exercise of specified court division.
195 Paragraph 52C(3)(a)
Omit section 15 of the Federal Circuit Court of Australia Act 1999 and substitute section 140 of the Federal Circuit and Family Court of Australia Act 2021.
196 Paragraph 52C(3)(b)
Omit section and substitute with new section
197 Paragraph 52C(3)(c)
198 Paragraphs 52C(3)(d) and (e)
Replace 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'
199 Section 52D
2 Subsection 43(5C)
20 Subsection 3(11)
Prohibition on using 'Federal Circuit Court'
200 Paragraph 13A(4)(b)
201 Subsection 6(1) (definition of Federal Circuit Court)
202 Subsection 86(1)
Repeal definitions of Federal Circuit Court and Family Court.
203 Subsection 4(1)
Repeal and substitute with Federal Circuit and Family Court of Australia
204 Paragraphs 56EU(4)(b), 56EW(3)(b) and 56EX(3)(b)
205 Paragraph 56EY(5)(a)
206 Subsection 86(1A)
207 Paragraph 86(4)(a)
208 Section 86AA (heading)
Omit specified text from existing provision.
209 Section 86AA
21 Subsection 3(12)
Repeal note and substitute with new notes.
210 Section 86AA (note)
211 Section 130 (definition of Family Court Judge)
212 Paragraph 138(2)(a)
213 Section 138A (heading)
214 Subsection 138A(1)
215 Subsection 138A(2)
216 Subsection 138A(2) (note)
217 Section 138E (heading)
218 Subsection 138E(1)
219 Subsection 138E(2)
22 Subsections 5(1) and 6(1)
220 Paragraphs 138E(2)(a) and (b)
221 Paragraph 138E(2)(c)
222 Paragraph 138E(2)(d)
Replace 'the Family Court' with 'that Court'
223 Paragraph 138E(2)(d)
224 Paragraph 138E(2)(e)
225 Subparagraph 138E(2)(f)(i)
226 Subparagraphs 138E(2)(f)(ii) and (iii)
227 Subparagraph 138E(2)(f)(iv)
228 Subsections 138E(3) and (4)
229 Paragraph 151AQA(4)(a)
23 Section 7
Omit specified text from Copyright Act 1968
230 Subsection 151AQA(4)
231 Section 131D (heading)
232 Section 131D
233 Section 135AS (heading)
234 Section 135AS
235 Subsection 195AZGH(5)
236 Section 248MA (heading)
237 Section 248MA
238 Section 586-10 (heading)
239 Subsection 586-10(1)
24 Section 8 (heading)
240 Paragraphs 586-15(1)(a), (2)(c) and (5)(a)
Repeal and substitute paragraphs with new court division.
241 Paragraphs 586-25(1)(b) and (2)(b)
Repeal paragraph and substitute with Federal Circuit and Family Court of Australia Division 1.
242 Paragraph 586-25(3)(c)
243 Subsection 586-25(4)
244 Section 586-40 (heading)
245 Subparagraphs 586-40(1)(b)(i) and (3)(a)(i) and (b)(i)
246 Paragraph 586-65(3)(a)
Repeal heading and substitute with new heading.
247 Section 586-90 (heading)
Omit specific rule and substitute with new rule.
248 Section 586-90
249 Paragraphs 586-90(a) and (c)
25 Subsection 8(2)
Repeal and substitute a paragraph with the Federal Circuit and Family Court of Australia
250 Subsection 694-35(1) (paragraph (c) of the definition of
Omit 'Family Court', substitute 'Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)'
251 Section 700-1 (paragraph (b) of the definition of
252 Section 700-1 (definition of Family Court)
Replace 'the Family Court' with 'the Federal Circuit and Family Court of Australia (Division 1)' in the Corporations Act 2001.
253 Section 700-1 (definition of superior court)
Substitute Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) for 'Family Court'
254 Section 9 (paragraph (c) of the definition of Corporations
255 Section 9 (definition of Family Court)
256 Section 9 (definition of superior court)
Repeal and substitute a paragraph with a new schedule
257 Subsection 58AA(1) (paragraph (c) of the definition of
258 Paragraph 908CI(3)(b)
259 Section 1337C (heading)
26 Section 10
260 Subsection 1337C(1)
261 Paragraphs 1337D(1)(a), (2)(c) and (5)(a)
Repeal paragraphs and substitute with Federal Circuit and Family Court of Australia Division 1.
262 Paragraphs 1337F(1)(b) and (2)(b)
263 Paragraph 1337F(3)(c)
264 Subsection 1337F(4)
Omit 'Family Court' and substitute with 'Federal Circuit and Family Court of Australia (Division 1)'
265 Section 1337J (heading)
266 Subparagraphs 1337J(1)(b)(i) and (3)(a)(i) and (b)(i)
267 Subsection 1337P(3) (paragraph (a) of the definition of
268 Section 1337U (heading)
Omit specific court rules and substitute with new ones.
269 Subsection 1337U(1)
27 Subsection 11(1)
No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)
27 No limitation on powers of the Federal Circuit and Family
270 Paragraphs 1337U(1)(a) and (c)
Repeal and substitute certain titles and offices in the Federal Circuit and Family Court of Australia.
271 Section 5 (table item 3 in the definition of administrative
272 Section 5 (table item 6 in the definition of administrative
273 Section 5 (table item 7 in the definition of administrative
274 Subsection 41(1)
Prohibits the use of specified court names.
Repeal note and substitute with new reference.
275 Subsection 41(1) (note 3)
Repeal note and substitute with new text
276 Section 45 (note)
277 Section 51 (table item 2)
278 Section 51 (table item 5)
279 Section 51 (table item 6, column headed “Court”)
Omit specified heading and substitute with new text.
28 Subparagraph 11(1)(a)(ii)
Prohibits the use of an outdated heading.
280 Subsection 3ZQO(1)
Omit 'Federal Circuit Court Judges', substitute 'Judges of the Federal Circuit and Family Court of Australia (Division 2)'
281 Section 3ZQQ (heading)
282 Section 3ZQQ
283 Paragraph 3ZZNF(3)(a)
Repeal a paragraph and substitute with a new provision
284 Paragraph 4AAA(1)(ab)
285 Subsections 4AAA(2) and (3A)
Repeal of paragraph (c) and substitution with Federal Circuit and Family Court of Australia Division 2
286 Subsection 100.1(1) of the Criminal Code (paragraph (c)
Prohibition on continuing use of outdated court division
287 Paragraph 105.2(1)(b) of the Criminal Code
288 Subsections 105.43(4), (5) and (7) of the Criminal Code
Omit 'Federal Circuit Court Judge', substitute 'Judge of the Federal Circuit and Family Court of Australia (Division 2)'
289 Section 105.46 of the Criminal Code (heading)
29 Subsection 11(2)
290 Section 105.46 of the Criminal Code
291 Section 106.4 of the Criminal Code
Repeal and substitute a subparagraph with the Federal Circuit and Family Court of Australia
292 Subparagraph 123.1(2)(b)(ii) of the Criminal Code
Replace a subparagraph with another provision
Repeal and substitute with new provisions
293 Paragraph 150.5(3)(b) of the Criminal Code
294 Subsection 4(1) (paragraph (a) of the definition of
295 Subsections 219RA(1) and 219ZL(1)
296 Subparagraph 117AE(3)(e)(ii)
297 Section 3 (definition of Family Court)
298 Paragraphs 18(1)(a) and 29(d) and (e)
299 Paragraphs 76A(3)(b) and 77(1)(b)
Prohibits the use of outdated court name.
3 Subsection 44(1) (note 2)
30 Paragraph 11(2)(b)
Prohibits the use of outdated terminology.
300 Subsection 77(2)
301 Section 5 (definition of Federal Circuit Court)
302 Section 5 (paragraph (aa) of the definition of prescribed
304 Section 82
Other prescribed courts have jurisdiction if the Act so provides.
Under Part 2, the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) are given jurisdiction in relation to matters arising under the Act.
The Federal Court and the Federal Circuit and Family Court of Australia (Division 2) are given jurisdiction in relation to matters arising under the Act.
305 Paragraph 83(2)(a)
306 Section 83A (heading)
307 Section 83A
308 Subsection 84(1)
309 Subsection 86(3)
31 Subparagraph 11(3)(b)(ii)
Repeal note and substitute with new notes for transfers of proceedings.
310 Subsection 86(3) (note)
311 Subsection 87(2)
312 Section 88 (heading)
313 Sections 88 and 89
314 Section 4 (definition of Federal Circuit Court)
Omit proceedings for recovery of penalties in Federal Court or Federal Circuit Court.
315 Section 23
Prohibition of proceedings in Federal Court or Federal Circuit Court.
316 Subsection 24(1)
317 Paragraphs 25(2)(a), (3)(b), (4)(b), (5)(b) and (6)(b)
318 Sections 26 and 28
319 Paragraph 30(1)(a)
32 Subsections 11(4) and (7)
320 Subsection 30(3)
321 Paragraph 31(1)(a)
322 Subsection 31(2)
Granting injunctions in relation to contraventions of civil penalty provisions.
323 Section 33
324 Sections 34, 35, 36 and 37
325 Section 38 (heading)
326 Section 38
327 Paragraph 44(2)(a)
328 Clause 1 of Schedule 3
329 Paragraph 3(1)(d) of Schedule 3
Substitute subsection (8A) with new provision regarding service on appropriate persons of documents lodged with a Registry.
33 Subsection 11(8A)
Provides provision for service on appropriate persons of documents lodged with a Registry
Omit specific phrase from Federal Court's discretion
330 Paragraph 7(c) of Schedule 3
331 Subsection 110B(1)
332 Subsections 46(3), 47(3) and 48(3)
Repeal subsection, substitute with new provision applying to certain appeals.
333 Subsection 4(5A)
Replace existing subsection with new one.
Repeal definition of eligible Federal Circuit Court Judge
334 Section 5 (definition of eligible Federal Circuit Court
335 Section 5
Replace 'eligible Federal Circuit Court Judge' with 'eligible Judge'
336 Subsection 11(6)
Omit 'eligible Federal Circuit Court Judge', substitute 'eligible Judge'.
337 Paragraph 12(1)(a)
338 Subsections 12(3) and 14(1)
Omit 'eligible Federal Circuit Court Judge' and substitute 'eligible Judge'.
339 Sections 15 and 15A
Omit Federal Circuit Court Rules and substitute with new rules.
34 Subsection 11(9)
Prohibits the use of old Federal Circuit Court Rules.
Omit specified text from Federal Circuit Court Judge
340 Subsections 15B(1) and (4) and 16(1)
341 Subsections 16A(2) and (3)
342 Section 17
343 Subsections 18(1), (3) and (4)
344 Paragraph 19(1)(c)
345 Subsection 19(9A)
346 Subparagraphs 19A(1)(b)(ii) and 20(1)(a)(ii)
347 Subsection 21(1)
348 Subsection 22(1) (paragraph (a) of the definition of
349 Paragraphs 22(5)(a) and (b)
35 Subsection 12(1)
350 Paragraph 26(1)(ca)
351 Subsection 26(2A)
352 Paragraphs 28(a) and 29(a)
353 Subsection 31(1)
354 Section 32
355 Paragraphs 33(c) and 34(1)(b)
356 Subsections 35(1) and (2)
357 Subsections 43(1), (2) and (3)
358 Paragraph 45(1)(a)
359 Section 45A (heading)
36 Section 13
360 Subsections 45A(1) and (2)
Substitute 'eligible Judge' for 'eligible Federal Circuit Court Judge'
361 Subsection 45A(2)
362 Section 45B (heading)
363 Subsections 45B(1) and (3)
364 Section 46A
365 Subparagraphs 48(1)(b)(iii) and (iv)
366 Subsection 49(2)
367 Section 49B
Omit 'eligible Federal Circuit Court Judges' and substitute 'eligible Judges'.
368 Paragraph 55(c)
369 Section 12 (definition of Federal Circuit Court)
37 Subsections 13A(4) and 14(4)
370 Subsections 417(3), 421(3) and 422(1)
Orders that can be made by courts in relation to a contravention of a civil remedy provision.
371 Section 537
372 Subsection 539(2) (table)
373 Section 543
374 Subsection 545(1) (heading)
Imposes a duty on the State to replace 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'
375 Subsections 545(1) and (2) and 546(1)
376 Paragraph 548(1)(a)
Repeal paragraph and substitute with Federal Circuit and Family Court of Australia
377 Paragraph 558C(3)(b)
378 Section 560
379 Paragraphs 563(f), (g) and (h)
38 Section 15A (heading)
380 Division 3 of Part 4-2 of Chapter 4 (heading)
381 Section 566 (heading)
382 Section 566
383 Section 567 (heading)
Omit specific substitution in Federal Circuit Court
384 Section 567
385 Paragraph 567(a)
386 Paragraph 567(b)
387 Paragraph 567(c)
388 Paragraph 567(d)
389 Paragraph 567(e)
39 Subsection 15A(1)
390 Section 568
391 Paragraph 576(2)(ca)
392 Subsections 627(1A) and (2A)
393 Subsection 641B(2) (table item 4, column 2)
Substitute court name in section heading.
394 Section 653A (heading)
395 Section 653A
396 Subsection 715(6)
397 Paragraph 716(3)(e)
Substitute court name in subsection 717(1)
398 Subsection 717(1)
Repeal specified paragraphs and substitute with new provisions.
399 Paragraphs 789CD(3)(b) and 789CE(4)(b)
A person may satisfy the definition of Judge even if holding another office.
3B Service in more than one judicial office
4 Section 44AAA (heading)
Omit specific language from existing provision.
40 Paragraphs 15A(1)(a) and (b)
400 Section 6 (definition of Federal Circuit Court)
401 Subsections 337BB(1) and (6)
402 Section 353A (heading)
403 Subsection 353A(1)
Imposes a duty on the state to make the replacement
404 Subitem 16(1) of Schedule 16 (table)
405 Item 17 of Schedule 16
406 Paragraphs 22(f), (g) and (h) of Schedule 17
407 Item 25 of Schedule 17 (heading)
408 Item 25 of Schedule 17
409 Item 26 of Schedule 17 (heading)
41 Subsection 15A(2)
Omit specified provision and substitute with new one.
410 Item 26 of Schedule 17
411 Paragraph 26(a) of Schedule 17
412 Paragraph 26(b) of Schedule 17
Omit section 16 of the Federal Circuit Court of Australia Act 1999 and substitute section 141 of the Federal Circuit and Family Court of Australia Act 2021.
413 Paragraph 26(c) of Schedule 17
414 Paragraph 26(d) of Schedule 17
415 Paragraph 26(e) of Schedule 17
416 Item 27 of Schedule 17
Substitute 'Family Court of Australia' for 'Family Court'
417 Section 11
Imposes a duty on the State to substitute 'Family Court of Australia' for 'Family Court'
418 Subsection 12(1)
419 Subsection 3(1) (definition of Family Court)
42 Subsection 15A(3)
420 Subsection 3(1) (paragraph (d) of the definition of
421 Subsection 3(1) (paragraph (fa) of the definition of
422 Subsection 3(1) (subparagraph (ga)(ii) of the definition of
Repeal paragraphs, substitute with appeals to specific courts.
423 Subsection 3(1) (paragraphs (j), (ja) and (k) of the
424 Subsection 3(1)
Identifies the Federal Circuit and Family Court of Australia
425 Subsection 3(1) (definition of Federal Circuit Court)
426 Subsection 10(1)
Repeal and substitute with new legislation
427 Schedule (table item dealing with the Family Court)
428 Paragraph 99(3)(b)
429 Subsection 132(1)
43 Section 16 (heading)
430 Subsection 3(1) (paragraph (b) of the definition of
431 Division 2 of Part 2 (heading)
432 Section 9A (heading)
Allow exercise of power by Division 1 in certain circumstances
433 Subsection 9A(1)
434 Subsection 9A(2)
435 Paragraph 11(1)(a)
Imposes a duty on the state to substitute court names
436 Subsection 11(2) (paragraph (a) of the definition of
437 Subsection 12(1)
Omit specific court names from a provision.
438 Paragraph 12(2)(a)
Prohibits the use of specific court names.
439 Subsection 15(1)
44 Section 16
Omit 'Family Court Judges', substitute 'Judges of the Federal Circuit and Family Court of Australia (Division 1)'
440 Subsection 5(1B) (heading)
Repeal paragraph and substitute with exercising powers or performing functions under specific acts.
441 Paragraph 5(1B)(a)
442 Subsection 5(1C) (heading)
443 Paragraph 5(1C)(a)
444 Subsections 64(7) and (8) and 67(4) and (5)
Omit injunction and compensation orders for contravention of Commonwealth Procurement Rules.
445 Section 3
446 Section 4 (definition of Federal Circuit Court)
447 Section 8
448 Subsections 9(1) and (2)
449 Paragraph 10(1)(a)
45 Paragraph 17(a)
450 Sections 11 and 14
451 Section 15
452 Section 16
Repeal and substitute a paragraph with new court division
453 Paragraph 10(2)(b) of Schedule 2
Imposes an obligation on the state to repeal and substitute a paragraph
Repeal paragraph, substitute Judge of the Federal Circuit and Family Court of Australia
454 Section 5 (paragraph (b) of the definition of issuing
Repeal and substitute a paragraph with the Federal Circuit and Family Court of Australia or Healthcare Identifiers Act 2010.
455 Section 5 (paragraph (aa) of the definition of relevant
456 Paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b)
Imposes an obligation to repeal paragraphs.
Repeal and substitute paragraph (b) of the definition of applicable court with the Federal Circuit and Family Court of Australia.
457 Subclause 1(1) of Schedule 1 (paragraph (b) of the
Repeal and substitute a paragraph in the definition of judicial officer
458 Subclause 1(1) of Schedule 1 (paragraph (c) of the
459 Paragraph 13(11)(b)
Replace existing paragraph with new one.
46 Subsection 18(1)
460 Subsection 19(2)
461 Subitem 58(9) of Schedule 2
462 Paragraph 21(5)(c)
463 Paragraph 21(9)(b)
464 Paragraph 22(4)(c)
465 Paragraphs 22(8)(b) and 23(3)(b)
Repeal and substitute certain paragraphs with new provisions.
466 Paragraphs 22(11)(b), 23(8)(b), 24(3)(b) and 26(3)(b)
Omit 'The Family Court', substitute 'A court'.
467 Subsection 126-15(2) (example)
468 Section 4 (definition of Court)
469 Subsection 12(1) (note)
47 Section 18A (heading)
Substitute Part 5 of Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021
470 Section 15 (note)
471 Section 16 (note 2)
472 Section 9 (paragraph (c) of the definition of issuing
Repeal paragraph, substitute Federal Circuit and Family Court of Australia Division 2 or Industrial Chemicals (Notification and Assessment) Act 1989
473 Section 9 (paragraph (b) of the definition of relevant
Repeal certain paragraphs and substitute with new provisions.
474 Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b)
475 Paragraph 33(3)(b)
Repeal and substitute a court definition
476 Subsection 11(1) (paragraph (b) of the definition of
477 Subitem 223(2) of Schedule 2
478 Subitem 237(2) of Schedule 2
479 Section 4 (definition of Federal Circuit Court)
48 Subsections 18A(1), (2) and (3)
480 Paragraphs 64B(3)(b) and 64D(3)(b)
481 Title
482 Section 3 (paragraph (a) of the definition of Judge)
483 After section 3A
484 Subsection 4(1) (paragraph (a) of the definition of
485 Subsection 4(1) (after paragraph (b) of the definition of
Imposes an obligation on the State to pay judges' salaries
Salary for Senior Judges and Judges of the Family Court of Australia
486 Subsection 4(1) (after paragraph (d) of the definition of
487 Subsection 4(1)
488 Subsection 4(1) (paragraph (a) of the definition of Judge)
Note for service in more than one judicial office
489 Subsection 4(1) (at the end of the end of the definition of
49 Paragraphs 18A(3)(a), (b), (c), (d) and (e)
490 At the end of section 5
Repeal and substitute Chief Justice of the Federal Circuit and Family Court of Australia
491 Part 2 of the Schedule (cell at table item dealing with
Repeal of Deputy Chief Justice title and substitute with new title
492 Part 2 of the Schedule (cell at table item dealing with
493 Part 2 of the Schedule (table item dealing with Judge
494 Part 2 of the Schedule (cell at table item dealing with
Repeal and substitute a judge with the Federal Circuit and Family Court of Australia
495 Part 2 of the Schedule (cell at table item dealing with Any
496 Part 2 of the Schedule (table item dealing with Judicial
Establishing a Commission to investigate an allegation of misbehaviour or incapacity of a Commonwealth judicial officer.
497 Section 4
498 Paragraph 19(6)(b)
Replace outdated court name with new one.
499 Paragraph 19(6)(c)
5 Subsections 44AAA(1) and (2)
50 Subparagraph 18A(3)(f)(i)
500 Paragraph 23(2)(a)
501 Paragraph 39B(1EA)(a)
502 Paragraph 39B(1EA)(b)
Repeal and substitute subparagraphs with court references
503 Subparagraphs 39B(1EA)(d)(i) and (ii)
504 Subsection 39B(2)
Defines Federal Circuit and Family Court of Australia
505 Subsection 39B(3)
Federal Circuit and Family Court of Australia means: ...
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021
or the Federal Circuit and Family Court of Australia (Division 2).
Jurisdiction of Courts (Cross-vesting) Act 1987
506 Paragraph (b) of the Preamble
507 Subsection 3(1) (definition of Family Court)
508 Paragraphs 4(1)(a) and (2)(b)
Omit 'the Family Court', substitute 'the Federal Circuit and Family Court of Australia (Division 1)'
509 Subsection 4(3)
51 Subparagraphs 18A(3)(f)(ii) and (iii)
510 Subparagraph 5(1)(b)(i)
511 Subparagraphs 5(1)(b)(ii) and (iii)
Federal Circuit and Family Court of Australia (Division 1)
512 Subsection 5(1)
513 Paragraphs 5(4)(a) and (5)(a)
514 Paragraph 6(2)(b)
515 Subsection 6A(2)
516 Subsection 6A(3)
517 Subsection 7(1)
518 Subsection 7(2)
Omit 'of the Family Court', substitute 'of the Federal Circuit and Family Court of Australia (Division 1)'
519 Paragraph 7(5)(a)
52 Subparagraph 18A(3)(f)(iv)
Omit 'of the Family Court' and substitute with 'of the Federal Circuit and Family Court of Australia (Division 1)'
520 Subsection 7(7)
Replaces a temporal interval with another one
Prohibits the use of 'of the Family Court'
521 Subparagraph 8(1)(b)(i)
Omit Family Court, substitute Federal Circuit and Family Court of Australia (Division 1)
522 Subsection 9(3)
523 Paragraph 10(a)
524 Subsection 11(2)
525 Subsection 14(1)
526 Subsection 14(3)
527 Subsection 16(4)
528 Subsection 5(1) (definition of Federal Circuit Court)
529 Subsection 5(1) (subparagraph (a)(ia) of the definition of
53 Subsections 18A(4) and (5)
530 Paragraph 96AD(2)(b)
531 Subsection 103(1) (note 2)
532 Subsection 103(2) (note)
533 Paragraph 109(7)(b)
534 Subparagraph 201(g)(i)
535 Subsections 221(1) and (2)
Repeal paragraph, substitute with Federal Circuit and Family Court of Australia or Marriage Act 1961
536 Section 9 (paragraph (b) of the definition of relevant
Authorise a Judge of the Federal Circuit and Family Court of Australia to perform a function.
537 Subsection 5(1) (paragraph (a) of the definition of Judge)
538 Subsection 9A(1)
Omit specified court names from legislation.
539 Subsection 92(1)
54 Subsection 19(1)
Appeals may not be referred to the Full Court after a certain date.
540 After subitem 6(6) of Schedule 4
Prohibition of appeals to the Full Court.
Repeal and substitute a specific judge with another
541 Paragraph 5(3)(ba)
Repeal paragraph (b) of definition and substitute with Federal Circuit and Family Court of Australia Division 2
542 Subsection 5(1) (paragraph (b) of the definition of eligible
543 Subsection 5(1) (definition of Federal Circuit Court)
544 Subparagraph 42(2A)(e)(ii)
545 Section 91X (heading)
546 Subsections 91X(1), 114(1) and 153(2)
547 Section 476 (heading)
548 Subsections 476(1), (2) and (3)
Repeal paragraph and substitute with transfer of proceedings to Federal Court.
549 Paragraph 476A(1)(a)
55 Paragraph (zd) of Schedule 1
No original jurisdiction in relation to migration decisions under subsection (1)
550 After subsection 476A(1)
Federal Court does not have original jurisdiction
551 Paragraph 476A(3)(a)
552 Subsections 476B(1) and (2)
553 Section 477 (heading)
554 Subsections 477(1) and (2) and 480(2)
555 Section 484 (heading)
556 Subsections 484(1) and (2) and 486B(1)
557 Section 486C (heading)
558 Subsection 486C(1)
Omit 'Federal Circuit Court's jurisdiction' and substitute with 'jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)'
559 Subsection 486C(3)
Prohibition on using outdated jurisdiction terminology
Repeal and substitute certain decisions under the Federal Circuit and Family Court of Australia Act 2021
56 Paragraph (zf) of Schedule 1
Jurisdiction of Federal Court and Family Court of Australia
560 Guide to this Part
560 Subsection 486C(3A)
Proceedings subject to this section's application
560(3A) Subsection 486C(3A)
Section applies to specified proceedings
Section does not apply to proceedings transferred to the Federal Court under section 32AC of the Federal Court of Australia Act 1976.
560(3B) Subsection 486C(3A)
Section overlaps with other sections regarding court transfers.
This section does not apply to proceedings that are transferred to the Federal Court under section 32AC of the Federal Court of Australia Act 1976.
Proceedings are not subject to this section if transferred to the Federal Court.
Section implies that proceedings are not subject to this section if transferred to the Federal Court.
Section contains information about court transfer implications.
Court has jurisdiction over matters arising under the Act
561 Subsection 486D(1)
562 Subsection 486D(5) (paragraph (a) of the definition of
Repeal paragraph, substitute with a Judge of the Federal Circuit and Family Court of Australia
563 Section 487A (paragraph (b) of the definition of issuing
564 Paragraph 500(6)(d)
565 Subsections 503A(4A) and (5A)
566 Section 503B (heading)
567 Subsection 503B(1)
No limitation on powers of the Federal Circuit and Family Court
568 No limitation on powers of the Federal Circuit and Family
Omit specific language from court orders.
568 Subsection 503B(2)
569 Paragraph 503B(2)(c)
57 Subsection 3(1) (definition of Federal Circuit Court)
570 Subsections 503B(4), (5), (6), (7), (8), (10) and (11)
571 Subsection 503B(14) (table item 1, column headed “In the
Prohibition on using outdated terminology
572 Section 503C (heading)
573 Subsection 503C(1)
Permits the Federal Circuit and Family Court of Australia (Division 2) to make orders on application by the Minister.
574 Subsection 503C(3)
Grants permission for the Federal Circuit and Family Court of Australia (Division 2) to make orders.
Repeal paragraph and substitute with new provision
575 Paragraph 503C(3)(c)
576 Paragraph 503C(3)(d)
577 Subsection 503C(4)
578 Paragraph 503C(4)(c)
579 Subsections 503C(6) and (7)
58 Subsections 9(1) and 27(1)
Repeal definition of eligible Court Judge
580 Subsection 3(1) (definition of eligible Federal Circuit
581 Subsection 3(1)
582 Subsection 3(1) (paragraph (a) of the definition of
583 Paragraphs 13(2)(a) and (b)
584 Subsections 13(2A), (2B), (2C), (2D) and (4) to (5)
585 Subsection 13AA(1)
Enforce order as if it were an order of the Federal Circuit and Family Court of Australia (Division 2)
586 Subsection 13AA(2)
Imposes a duty on the State to enforce the order
587 Paragraphs 13AB(1)(a) and (b)
588 Section 15
589 Subsections 25(2), 31(2), 38C(1) and (2) and 38D(1), (3)
Repeal paragraph and substitute with Federal Circuit and Family Court of Australia Division 2
59 Paragraph 28(1)(aa)
590 Section 38Z
591 Paragraph 38ZB(1)(a)
592 Subsection 38ZB(2)
593 Section 38ZC (heading)
594 Subsections 38ZC(1) and (2)
595 Subsection 38ZC(2)
596 Section 38ZD (heading)
597 Subsections 38ZD(1) and (3)
Imposes a duty on the State to substitute 'eligible Judge'
598 Paragraph 44(c)
599 Paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and
6 Subsection 44AAA(3)
60 Subsection 28(7)
Repeal and substitute a court with the Federal Circuit and Family Court of Australia or National Cancer Screening Register Act 2016.
600 Subsection 4(1) (paragraph (b) of the definition of
601 Paragraph 24(3)(b)
602 Subsection 5(1) (definition of Federal Circuit Court)
Repeal paragraph and substitute with consequential amendments
603 Subsection 5(1) (paragraph (a) of the definition of lower
604 Subsection 5(1) (paragraph (a) of the definition of
Confers jurisdiction on specified courts for civil proceedings.
605 Section 185
Establishes jurisdiction for civil proceedings.
Repeal of court and substitute with Federal Circuit and Family Court
606 Subsection 187(1) (cell at table item 2, column headed
607 Section 189 (table)
Substitute court name in subsection 191(2)
608 Subsection 191(2)
609 Subsection 191(2) (note 1)
61 Subsection 41(4)
Repeal note and substitute with new references.
610 Subsection 191(2) (note 2)
611 Paragraph 199(1)(a)
Repeal and substitute subparagraphs with new court divisions.
612 Subparagraphs 73ZE(3)(e)(ii) and 73ZF(2)(e)(ii)
613 Paragraph 73ZJ(3)(b)
Repeal and substitute paragraphs with new text
614 Paragraphs 73ZK(3)(b), 73ZP(3)(b) and 73ZQ(3)(b)
Determine the deontic type of the provision
The text states 'Repeal the paragraphs...'
Repeal paragraph, substitute Federal Circuit and Family Court of Australia Division 2 National Health Act 1953
615 Section 7 (paragraph (b) of the definition of court)
616 Subparagraph 134D(2)(b)(ii)
617 Subsections 62(1) and 79A(3)
Omitting a specific conduct from being an offence under the law.
618 Section 18LL
619 Subsections 18LN(1), 18LO(1) and 18QE(1)
62 Paragraph 95C-1(3)(b)
620 Section 19K (heading)
621 Section 19K
622 Paragraph 190(3)(b)
623 Section 3 (definition of Federal Circuit Court)
624 Section 3 (paragraph (b) of the definition of issuing
625 Section 91 (heading)
626 Subsections 91(1) and (2) and 92(2)
627 Section 137 (heading)
628 Subsections 137(1), (2), (3) and (4)
629 Section 139
63 Schedule 1 (table item 26)
630 Subsections 140(4) and 141(2) and (4)
631 Section 142
632 Paragraph 147(1)(b)
633 Sections 150, 151, 152 and 153
634 Section 154 (heading)
635 Section 154
Repeal paragraph, substitute with new court division or Act
636 Paragraph 232B(b)
637 Section 7 (definition of Federal Circuit Court)
Repeal certain subparagraphs and substitute with the Federal Circuit and Family Court of Australia
638 Subparagraphs 216(6)(b)(ii), 398(2)(b)(ii), 572D(3)(b)(ii),
Replace existing subparagraphs with new ones
639 Subsection 602C(6)
64 Subsection 102D(1) (note)
640 Paragraph 602C(8)(b)
Imposes prohibition on the existing paragraph.
641 Subsection 602D(5)
642 Paragraphs 602D(7)(b), 611B(3)(b) and 611J(3)(b)
643 Paragraph 611N(3)(b)
644 Paragraph 634(3)(b)
Repeal specified subparagraphs and substitute with new court divisions or ombudsman act
645 Subparagraphs 685(3)(b)(ii), 686(5)(b)(ii), 687(7)(b)(ii),
Defines chief executive officer in relation to courts and tribunals.
646 Subsection 3(1)
Provides a formal definition for the term.
Repeal definition of chief executive officer
647 Subsection 3(1) (definition of chief executive officer of a
Repeal and substitute a provision related to court or tribunal authority
648 Subsection 3(1) (paragraph (bb) of the definition of
Repeal of subparagraph (c)(i) and substitution with chief executive officer or staff member
649 Subsection 3(1) (subparagraph (c)(i) of the definition of
65 Subsection 102N(1)
650 Paragraph 3(14)(a)
Substitute a phrase in a court or tribunal staff definition.
651 Subsection 3(14)
Repeal paragraph, substitute chief executive officer in relation to court or tribunal.
652 Paragraph 3(16)(a)
Reference to chief justice or chief judge in court
653 Paragraph 3(18)(a)
Reference to chief justice or chief judge
Substitute a phrase in relation to a tribunal.
654 Paragraph 3(18)(c)
Omit certain references to court staff members.
655 Paragraph 5(2)(ba)
Substitution of terminology in court or tribunal context
656 Subsection 16(5)
Omit 'chief executive officer of a court', substitute 'chief executive officer, in relation to a court'.
657 Paragraph 16(5)(a)
658 Paragraph 16(5)(c)
Repeal paragraph, substitute Federal Circuit and Family Court of Australia
659 Section 7 (paragraph (b) of the definition of designated
Repeal a subparagraph and substitute with a new provision.
66 Subparagraph 219UA(4)(c)(i)
660 Section 7 (definition of Federal Circuit Court)
661 Section 6 (definition of Federal Circuit Court)
662 Paragraph 147(3)(b)
663 Subsection 156(5)
Substitute court name in subsection 200D(1)
664 Subsection 200D(1) (note)
665 Subsection 200N(1)
Jurisdiction on Federal Court and Family Court of Australia
666 Section 297
667 Section 301 (heading)
668 Section 301
Repeal paragraph, substitute Federal Circuit and Family Court of Australia Division 2 or Personal Property Securities Act 2009
669 Section 5 (paragraph (b) of the definition of relevant
Repeal and substitute a subparagraph with a new provision.
67 Subparagraph 219UA(4)(e)(ii)
Repeal definitions of Family Court and Federal Circuit Court.
670 Section 10
Jurisdiction is conferred on specified courts.
671 Section 205
672 Paragraph 206(1)(b)
Inserts the Federal Circuit and Family Court of Australia (Division 1) with no specified limits.
673 Section 207 (after table item 1)
Repeal of jurisdiction and substitute with Federal Circuit and Family Court
674 Section 207 (cell at table item 2, column headed “Court
675 Section 207 (table item 4)
Appeals with respect to PPS matters do not lie from certain courts.
676 Section 208 (table)
Prohibits appeals with respect to PPS matters.
Repeal of table and substitution with new transfers
677 Subsection 210(2) (table)
678 Subsection 210(2) (note 1)
Transfers mentioned in the table are covered by other legislation.
679 Subsection 210(2) (note 2)
68 Paragraph 219VA(3)(b)
680 Subsection 211(3) (paragraph (a) of the definition of
681 Subsection 211(3) (paragraph (a) of the definition of
Insertion of Federal Circuit and Family Court of Australia
682 Subsection 211(3) (after paragraph (a) of the definition of
Repeal paragraph (c) of the definition of superior court
683 Subsection 211(3) (paragraph (c) of the definition of
684 Paragraphs 221(3)(b) and 222(3)(b)
Repeal and substitute certain subparagraphs with new legislation.
685 Subparagraphs 33(2)(f)(ii) and 35(2)(b)(ii)
686 Subsection 3(1) (definition of Federal Circuit Court)
687 Paragraphs 39(5)(b) and 50(7)(b)
688 Subsections 54(1) and 55(1)
689 Subsection 56(1) (note)
69 Subsection 219VB(5)
690 Paragraph 56(2)(a)
691 Section 56A (heading)
692 Subsections 56A(1), (3), (3A) and (4)
Repeal subsection, substitute with new provision
693 Subsection 56A(5)
694 Subsections 57A(1) and (2)
695 Section 57B
Substitute court name in Privacy Act 1988
696 Section 72
697 Subsection 6(1) (definition of Federal Circuit Court)
Division 7 orders must be made by the Federal Court or Federal Circuit and Family Court of Australia.
698 Section 19
Division 7 provides for compensation orders, and other orders, to be made by the Federal Court or Federal Circuit and Family Court of Australia (Division 2).
699 Subsections 25(1) and 25A(2)
7 Section 44AA (heading)
Repeal paragraph (b) of definition of Court and substitute with Federal Circuit and Family Court of Australia or Archives Act 1983
70 Subsection 3(1) (paragraph (b) of the definition of Court)
700 Section 55A (heading)
701 Subsections 55A(1) and 62(1) and (2)
702 Paragraphs 63(2)(a) and (b)
Repeal and substitute paragraphs with new court names.
703 Paragraphs 80U(3)(b), 80V(3)(b) and 80W(3)(b)
Substitute court name in Product Emissions Standards Act 2017
704 Subparagraphs 315B(2)(a)(v) and (b)(v)
Imposes a duty on the State to substitute court name
705 Subparagraphs 24(3)(f)(ii), 25(2)(f)(ii), 26(2)(b)(ii),
706 Paragraphs 35(2)(b) and 37(1)(b)
707 Section 6 (paragraph (b) of the definition of issuing
708 Section 87 (heading)
Omit specified text from existing legislation.
709 Subsections 87(1) and (2) and 88(2)
71 Subsections 53(6) and (7) and 55A(4) and (5)
Prohibits the use of certain court names
710 Section 8 (definition of Federal Circuit Court)
Federal Court or Federal Circuit and Family Court of Australia may not make orders for civil remedies if a reprisal is taken against a person because of a public interest disclosure.
711 Section 9
Prohibition on making orders for civil remedies if a reprisal is taken against a person because of a public interest disclosure.
712 Sections 14, 15, 16 and 17
713 Subsection 22A(1)
Repeal and substitute certain provisions related to the Chief Executive Officer and Principal Registrar of the Federal Court.
714 Paragraphs 73(2)(b) to (ca)
715 Section 4 (paragraph (c) of the definition of judicial
716 Part 2 of Schedule 1 (cell at table item dealing with Chief
Repeal of a cell and substitution with a new title.
717 Part 2 of Schedule 1 (cell at table item dealing with
718 Part 2 of Schedule 1 (table item dealing with Judge
Repeal and substitute a senior judge position
719 Part 2 of Schedule 1 (cell at table item dealing with
72 Section 300-5 (definition of issuing officer)
Repeal a specific judge and substitute another
720 Part 2 of Schedule 1 (cell at table item dealing with Any
721 Part 4 of Schedule 1 (table item dealing with Judicial
722 Subsection 5(1) (definition of Federal Circuit Court)
Repeal a paragraph and substitute with the Federal Circuit and Family Court of Australia Division 2 or Resale Royalty Right for Visual Artists Act 2009
723 Subsection 154A(1) (paragraph (b) of the definition of
724 Section 3 (definition of Federal Circuit Court)
725 Subsection 39(1)
726 Sections 43 and 44
727 Section 51 (heading)
Substitute court name in Road Vehicle Standards Act 2018
728 Section 51
729 Subsection 5(1) (definition of Federal Circuit Court)
73 Subsection 4(1) (definition of Federal Circuit Court)
Repeal a paragraph and substitute with the Federal Circuit and Family Court of Australia
730 Subsection 5(1) (paragraph (b) of the definition of
Replace a paragraph with another provision
731 Subparagraphs 50(4)(c)(iii) and 52(3)(c)(iii)
732 Paragraph 49(4)(b)
733 Subsection 3(1) (paragraph (b) of the definition of
Repeal of civil jurisdiction court and substitute with Federal Circuit and Family Court of Australia (Division 2)
734 Subsection 61BZD(1) (cell at table item 2, column headed
Repeal and substitute paragraphs with the Federal Circuit and Family Court of Australia Division 2
735 Paragraphs 553A(4)(d), 596(4)(d), 660XBE(4)(d),
736 Subsection 1243(1) (note)
737 Subsection 1252(1)
738 Section 8 (definition of Federal Circuit Court)
739 Subsection 59(8)
74 Subsection 4(1) (paragraph (aa) of the definition of issuing
740 Section 72 (heading)
741 Section 72
742 Section 75F (heading)
743 Section 75F
744 Paragraph 81(3)(b)
745 Subsection 107(2)
746 Section 5 (paragraph (b) of the definition of relevant
747 Subsection 103(1) (cell at table item 2, column headed
748 Subsection 43K(1) (note)
749 Subsection 43U(1)
75 Paragraph 25E(2)(b)
Repeal definitions of Family Court and Family Court Judge.
750 Section 14ZQ
751 Section 14ZZS (heading)
752 Subsection 14ZZS(1)
753 Subsection 14ZZS(2)
754 Paragraphs 14ZZS(2)(a), (b), (c), (d) and (e)
755 Subparagraph 14ZZS(2)(f)(i)
756 Subparagraphs 14ZZS(2)(f)(ii) and (iii)
757 Subparagraph 14ZZS(2)(f)(iv)
758 Subsections 14ZZS(3) and (4)
759 Section 17A (heading)
76 Subsection 27(2A)
760 Subsection 17A(2)
Omit Federal Circuit and Family Court of Australia Act 2018, substitute Federal Circuit and Family Court of Australia Act 2021.
761 Subsection 2(1) (table item 3, column 2)
Substitute Federal Circuit and Family Court of Australia Act 2021 for the old act.
762 Part 2 of Schedule 1 (heading)
763 Section 5 (definition of Federal Circuit Court)
764 Section 5 (paragraph (b) of the definition of issuing
765 Section 96 (heading)
766 Subsections 96(1) and (2) and 97(2)
767 Paragraph 115(1)(b)
768 Section 118
769 Subsection 119(3)
77 Paragraph 55A(1)(c)
770 Section 121
771 Subsections 126(1) and 127(1) and (2)
772 Sections 128, 129, 130 and 131
773 Subsection 3(1) (definition of Federal Circuit Court)
Restraining a person from contravening the Act or regulations.
774 Section 42YM
Prohibits a person from contravening the Act or regulations.
775 Sections 42YN, 42YO, 42YP, 42YQ and 42YR
Omit ‘Federal Circuit Court’ (wherever occurring)
Repeal paragraphs, substitute with Federal Circuit and Family Court of Australia Division 2.
776 Paragraphs 52(9)(b) and 85(3)(b)
777 Subsection 6(1) (definition of Federal Circuit Court)
778 Sections 35, 56 and 67
779 Subsections 83(2) and 83A(8)
78 Subsection 55A(5B) (heading)
780 Sections 84D and 104
781 Paragraph 190(aa)
782 Paragraph 191(2)(a)
783 Section 191A (heading)
784 Section 191A
785 Subsection 192(1)
Does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2).
786 Subsection 194(3)
Temporal interval for transfer of proceedings
787 Subsection 195(2)
788 Section 196
789 Section 197 (heading)
79 Subsections 55A(5B) and (5C)
790 Section 197
791 Section 4 (paragraph (b) of the definition of superior
Repeal paragraphs, substitute with new court division
792 Paragraphs 25(b) and 63(2)(b)
793 Subsection 109(3)
Prohibits the use of outdated court names.
794 At the end of section 109
Federal Circuit and Family Court of Australia
Federal Circuit and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2)
795 Subparagraphs 41(3)(f)(ii), 42(2)(f)(ii), 43(2)(b)(ii),
796 Section 6 (paragraph (c) of the definition of judicial
Repeal certain subparagraphs and substitute with new provisions.
797 Subparagraphs 82(3)(f)(ii), 83(2)(f)(ii), 84(2)(b)(ii),
Repeal paragraph (b) of the definition of Court and substitute with Federal Circuit and Family Court of Australia (Division 2)
798 Section 138 (paragraph (b) of the definition of Court)
799 Section 139 (heading)
8 Subsections 44AA(1), (2), (4), (5), (6), (7), (8) and (9)
Grant injunction for contravention of Commonwealth Procurement Rules
8 Simplified outline of this Part
80 Paragraphs 55A(8)(c) and (9)(c)
800 Section 139
801 Section 7 (definition of Federal Circuit Court)
Repeal paragraph, substitute Schedule 2 Further consequential amendments
802 Section 7 (paragraph (b) of the definition of relevant
803 Section 4 (paragraph (b) of the definition of court)
Repeal paragraph, substitute with new text
804 Paragraph 273A(1)(b)
805 Paragraphs 273A(2)(e), (f) and (g)
806 Subsection 273A(3)
Omit 'Federal Circuit Court of Australia', substitute 'Court'.
807 Paragraph 273A(3)(a)
808 Paragraph 273A(3)(b)
809 Paragraph 273A(3)(c)
Definition of Judge of the Federal Circuit and Family Court of Australia (Division 2)
81 Subsection 55A(13)
a Judge of the Federal Circuit and Family Court of Australia (Division 2) in a personal capacity and not as a court or a member of a court.
Judge of the Federal Circuit and Family Court of Australia (Division 2)
810 Paragraph 273A(3)(d)
811 Paragraph 273A(3)(e)
Repeal definition of Judge of the Federal Circuit Court
82 Subsection 55A(13) (definition of Judge of the Federal
83 Subsection 55C(2)
84 Subsection 55C(3)
Defines a term with a clear and specific meaning
85 Subsection 55C(3) (definition of Judge of the Federal
86 Section 57
87 Section 57
88 Subparagraph 61(2)(g)(ii)
Omit specified laws and substitute with new provisions
89 Schedule 1
Federal Circuit Court of Australia Act 1999, Part 6A
No. 13, 2021 Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021
Requires substitution with new provisions
Further consequential amendments Schedule 2
Federal Circuit and Family Court of Australia Act 2021, Part 7 of Chapter 4
9 Subsection 44AA(11) (heading)
90 Subsection 11(1) (definition of magistrate)
91 Subsection 11H(1) (definition of magistrate)
92 Subsection 3(1) (definition of Federal Circuit Court)
93 Paragraph 46PH(1)(h)
94 Subsections 46PH(1C), (2A) and (4)
95 Division 2 of Part IIB (heading)
96 Subsection 46PO(1)
Award costs in proceedings under this section
97 Subsection 46PO(4) (note 2)
98 Subsection 46PP(1)
98X Simplified outline of this Division
99 Section 46PR
1 The whole of the Act
Continuation of determination under clause 8 of Schedule 1
10 Determination of other terms and conditions
Certification of retired disabled Judges
11 Certification of retired disabled Judges
Right of appeal to the Administrative Appeals Tribunal
12 Right of appeal to the Administrative Appeals Tribunal
2 Definitions
Continuation of instrument under new name and application
3 Instrument about Commonwealth tenancy disputes
Continuation of written authorisation under specific conditions
4 Authorisation about handling complaints
Seal and stamp provisions for Federal Circuit Court of Australia
5 Seals and stamps
Continuation of written authorisation upon commencement day
6 Oaths and affirmations
Temporal relation during commencement day
Written authorisation made under subsection 58(2) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day
Continues in force as if it had been made under subsection 194(2) of the Federal Circuit and Family Court of Australia Act 2021
Written authorisation made under subsection 58(2) of the Federal Circuit Court of Australia Act 1999
7 Arrangements with other courts
Continuation of arrangements under Federal Circuit Court of Australia Act 1999
8 Arrangements with agencies or organisations
Continuation of instrument under section 117A
9 Delegation
1 Subparagraphs 92-1(4)(e)(ii) and 92-3(2)(e)(ii)
10 Subsection 123(1)
Insert '(other than Western Australia)' after 'a State'
11 Subparagraph 26(1)(d)(i)
State must insert '(other than Western Australia)' at a specific point in time
Insertion occurs at a specific point in time
State must insert '(other than Western Australia)' using CogAI
State must insert '(other than Western Australia)'
State must diffuse '(other than Western Australia)' through its definition
State must insert '(other than Western Australia)' over an interval
Insertion of judgments from specific courts
12 After paragraph 26(1)(d)
Insertion of text after Family Law Act 1975
13 Subparagraph 26(1)(f)(i)
14 Subsection 26(1) (before note 1)
Substitute Federal Circuit and Family Court of Australia for subparagraph 61PC(b)(ii)
15 Subparagraph 61PC(b)(ii)
16 Paragraph 48(5)(b)
Repeal subparagraph 582A(2)(b)(ii) and substitute with Federal Circuit and Family Court of Australia (Division 2)
17 Subparagraph 582A(2)(b)(ii)
18 Subparagraphs 596A(6)(b)(ii) and (7)(g)(ii)
19 Paragraph 29D(3)(b)
2 Subparagraphs 74B(4)(e)(ii) and 74D(2)(e)(ii)
20 Section 7 (definition of Federal Circuit Court)
Repeal and substitute certain subparagraphs with new provisions.
21 Subparagraphs 102E(b)(ii) and 102N(5)(b)(ii)
3 Subparagraph 4(8)(b)(ii) of Schedule 2
Repeal and substitute a paragraph with the Federal Circuit and Family Court of Australia (Division 2)
4 Subsection 539(2) (table item 11A, column 3, paragraph (b))
47BA Appeals relating to matters arising under Part VIIIC
Appeal from interlocutory order or decree of Magistrates Court of Western Australia
47BA(1) Appeals relating to matters arising under Part VIIIC
Appeal to the Court of Appeal from certain Family Court and Magistrates Court decisions.
47BA(2) Appeals relating to matters arising under Part VIIIC
Establishes federal jurisdiction for appeals under Part VIIIC.
47BA(3) Appeals relating to matters arising under Part VIIIC
5 Subsections 35B(1), (2) and (3)
6 Subsections 35B(9) and (12)
Repeal of subsection and substitution with exceptions for certain decrees.
7 Subsection 47A(2)
8 After section 47B
9 Paragraph 90YZH(3)(c)
Defines terms related to the Family Court of Australia and its judges.
1 Definitions
Family Court of Australia means the federal court known, immediately before the commencement day, as the Family Court of Australia.
Family Court of a State means a court to which section 41 of the Family Law Act 1975, as amended by this Act, applies.
Federal Circuit Court of Australia means the federal court known, immediately before the commencement day, as the Federal Circuit Court of Australia.
Federal Circuit and Family Court of Australia has the same meaning as in the new law.
Federal Court means the Federal Court of Australia.
Full Court, in relation to the Federal Circuit and Family Court of Australia (Division 1), means 2 or more Judges of the Court.
Continuity of the Family Court of Australia, and Judges and personnel of the Court
new law means the Federal Circuit and Family Court of Australia Act 2021.
Things done by, or in relation to, a Registry Manager
10 Things done by, or in relation to, a Registry Manager
Subitem (1) applies to things done by, or in relation to, the Registry Manager of a Registry of the Family Court of Australia
Subitem (2) applies to things done by, or in relation to, the Registry Manager of a Registry of the Family Court of Australia
Subitem (3) defines doing a thing as making an instrument
Subitem (4) states that a determination under subitem (2) is not a legislative instrument
Things done by, or in relation to, the Marshal or a Deputy are taken as having been done by, or in relation to, the Marshal or a Deputy of the specified court.
11 Things done by, or in relation to, the Marshal or a Deputy
Includes temporal intervals for things done by, or in relation to, the Marshal or a Deputy.
Equates things done by, or in relation to, the Marshal or a Deputy with those done by, or in relation to, the Marshal or a Deputy of the specified court.
Registry continues in existence after commencement day
12 Registries
Chief Justice must deal with complaint about Judge if complaint made on or after commencement day and circumstances gave rise to complaint occurred before commencement day.
13 Complaints
Complaint made on or after commencement day implies Chief Justice deals with complaint.
Complaint must be made on or after commencement day for Chief Justice to deal with complaint.
Complaint must occur before commencement day for Chief Justice not to deal with complaint.
Complaint made on or after commencement day.
Chief Justice may deal with complaint if circumstances gave rise to complaint occurred before commencement day.
Chief Justice must deal with complaint if complaint made on or after commencement day and circumstances gave rise to complaint occurred before commencement day.
14 Change in title of judicial offices
Continuation of judges in office after commencement day
15 Appointments to judicial offices
Continuation of officers and staff after commencement day
16 Officers and staff of the Federal Circuit Court of Australia
Act applies as if Federal Circuit Court of Australia were a body and offices of Chief Judge and Judge were offices.
17 Application of subsection 25B(1) of the Acts Interpretation
Imposes obligation on the State to apply the provision
Validity of actions done before commencement day
18 Things done by, or in relation to, the Federal Circuit Court
Things done by, or in relation to, the Chief Executive Officer are taken as having been done by, or in relation to, the new entity.
19 Things done by, or in relation to, the Chief Executive
...doing a thing includes making an instrument.
Doing a thing includes making an instrument.
(3) To avoid doubt, doing a thing includes making an instrument.
...then, despite the repeal of the Federal Circuit Court of Australia Act 1999...
The provision takes things done by the old Chief Executive Officer and applies them to the new entity.
If a thing was done by, or in relation to, the Chief Executive Officer of the Federal Circuit Court of Australia...
...in relation to a specified thing done by, or in relation to, the Chief Executive Officer of the Federal Circuit Court of Australia.
The Minister may determine that subitem (1) does not apply to certain things.
(2) The Minister may, in writing, determine that subitem (1) does not apply...
A determination under subitem (2) is not a legislative instrument.
(4) A determination under subitem (2) is not a legislative instrument.
(2) The Minister may, in writing, determine...
Subitems (1) and (2) are part of a larger provision.
(1) If a thing was done by, or in relation to, the Chief Executive Officer...
2 Change in title of judicial offices
old law means Part IV of the Family Law Act 1975, as in force immediately before the commencement day.
The titles of judicial offices are part of a hierarchical structure.
Same class hierarchy for judicial offices
Prescribes how things done by a Registrar are treated for the purposes of laws on and after commencement day.
20 Things done by, or in relation to, a Registrar
Prescribes how things done by a Registrar are treated.
Includes making an instrument in doing a thing.
Things done by, or in relation to, the Sheriff or a Deputy are taken as having been done by the new court authority.
21 Things done by, or in relation to, the Sheriff or a Deputy
Things done by, or in relation to, the Marshal or a Deputy are taken as having been done by, or in relation to, the Marshal or a Deputy of the Federal Circuit and Family Court of Australia (Division 2).
22 Things done by, or in relation to, the Marshal or a Deputy
The provision establishes an Allen interval between the things done by, or in relation to, the Marshal or a Deputy and the Federal Circuit and Family Court of Australia (Division 2).
The provision takes things done by, or in relation to, the Marshal or a Deputy and applies them to the Federal Circuit and Family Court of Australia (Division 2).
The provision excludes things done by, or in relation to, the Marshal or a Deputy from being taken as having been done by, or in relation to, the Federal Circuit Court of Australia.
The provision allows the Minister to determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Marshal or a Deputy.
The provision prohibits making an instrument from being taken as having been done by, or in relation to, the Marshal or a Deputy.
The provision applies things done by, or in relation to, the Marshal or a Deputy to the Federal Circuit and Family Court of Australia (Division 2).
23 Registries
Chief Judge must deal with complaint about a Judge of the Federal Circuit Court of Australia.
24 Complaints
Complaint occurred before commencement day.
Complaint must occur before commencement day for Chief Judge to deal with it.
Chief Judge addresses concerns about Judges.
Chief Judge's dealing with complaint implies a duty to address concerns about Judges.
Complaint made about a Judge of the Federal Circuit Court of Australia.
Chief Judge does not address all concerns about Judges.
Chief Judge's dealing with complaint does not imply a duty to address all concerns about Judges.
Chief Judge's dealing with complaint and addressing concerns about Judges are related duties.
Application for special leave to appeal can be made after commencement day if certain conditions are met.
25 Appeals to the High Court
Time has passed since application could be made under section 95 of the Family Law Act 1975
on the day before the commencement day, an application for special leave to appeal could be made under section 95 of the Family Law Act 1975;
Application for special leave to appeal could be made under section 95 of the Family Law Act 1975.
If: (a) on the day before the commencement day, an application for special leave to appeal could be made under section 95 of the Family Law Act 1975; and (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for making the application has not ended;
Application must be made on or after commencement day
then, on or after the commencement day, the application may be made to the High Court.
(a) on the day before the commencement day, an application for special leave to appeal could be made under section 95 of the Family Law Act 1975; and (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for making the application has not ended;
Appeals can be made to Federal Circuit and Family Court of Australia after commencement day.
26 Appeals to Federal Circuit and Family Court of Australia
...the appeal or application may be made to the Federal Circuit and Family Court of Australia on or after the commencement day.
Appeal can be made within a specific time frame
(1) If: (a) on the day before the commencement day, either...
...the appeal or application may be made to the Federal Circuit and Family Court of Australia
(a) on the day before the commencement day, either...
...Transitional arrangements for appeals Part 4 No. 13, 2021 Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021.
Appeal is part of transitional provisions
...according to: (a) the Federal Circuit and Family Court of Australia Act 2021; and (b) the Family Law Act 1975, as amended by this Act; and (c) any other law of the Commonwealth, as relevant.
Appeal is determined according to multiple laws
(3) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine...
...in accordance with the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.
(2) For the purposes of subitem (1), an appeal or application for leave to appeal must be made in accordance...
Allow person to apply for extension of time after commencement day.
27 Extensions of time to appeal or seek leave to appeal
Grant permission to apply for extension of time.
Matters to be substantively heard by the Federal Circuit and Family Court of Australia (Division 1)
28 Matters before a Judge or Full Court of the Family Court of
Appeals before a single Judge of the Family Court of Australia
29 Appeals from courts of summary jurisdiction
Continuation of Chief Justice office after commencement day
3 Appointments to judicial offices
Full Court must conclude substantive hearing and deliver judgment on application, appeal or special case.
30 Matters before the Full Court of the Family Court of
Full Court must conclude substantive hearing and deliver judgment.
Matters before a Judge of the Family Court of Australia
31 Matters before a Judge of the Family Court of Australia
Allocation of another Judge to constitute a Full Court
32 Constituting a Full Court of the Federal Circuit and Family
Chief Justice must allocate another Judge
Allocate another Judge if single Judge is unavailable
33 Unavailability of a Judge of the Federal Circuit and Family
Chief Justice may give direction to ensure application is heard and determined pending proceeding.
34 Other matters
Division 4 of Part 5 of Chapter 3 applies to proceedings before the Federal Circuit and Family Court of Australia (Division 1)
35 Application of case management provisions
Prior judicial service includes Federal Magistrate appointments
36 Prior judicial service
Applicable to proceedings commenced before, on or after the commencement day.
37 Application
Indicates applicability of a provision to proceedings.
The Minister may make rules prescribing transitional matters.
38 Transitional rules
Schedule does not limit certain provisions of the Acts
39 Schedule does not limit certain provisions of the Acts
Section 7 overlaps with Schedule in terms of operation
Temporal overlap between Schedule and Section 7
Section 7 and subsection 25B(1) are exempt due to Schedule's operation
Schedule implies exemption for Section 7 and subsection 25B(1)
Section 7 and subsection 25B(1) are exempt due to CogAI's recognition
CogAI recognizes exemption for Section 7 and subsection 25B(1)
Section 7 and subsection 25B(1) of the Acts Interpretation Act 1901 are exempt
Section 7 and subsection 25B(1) are exempt due to diffusion from Schedule
Diffusion of exemption from Schedule to Section 7 and subsection 25B(1)
Continuity of office for Chief Executive Officer and Principal Registrar
4 Chief Executive Officer of the Family Court of Australia
5 Officers and staff of the Family Court of Australia
Current person continues as officer/staff member
Immediate predecessor was an officer/staff member
New role includes staff members from old law
Staff members were part of old law registries
Application of subsection 25B(1) of the Acts Interpretation Act 1901 to the Family Court of Australia
6 Application of subsection 25B(1) of the Acts Interpretation
Amendments do not affect validity of actions taken before commencement day.
7 Things done by the Family Court of Australia or Judges of
Amendments do not affect validity of these actions.
Obligation to maintain validity of actions
Actions taken before commencement day are valid.
Things done by, or in relation to, the Chief Executive Officer of the Family Court of Australia are taken to have been done by, or in relation to, the Chief Executive Officer of the Federal Circuit and Family Court of Australia (Division 1).
8 Things done by, or in relation to, the Chief Executive
Things done by, or in relation to, a Registrar or Deputy are taken to have been done by, or in relation to, a Senior Registrar of the Federal Circuit and Family Court of Australia (Division 1).
9 Things done by, or in relation to, a Registrar or Deputy
The provision specifies a temporal interval for its application.
The provision takes things done by, or in relation to, a Registrar or Deputy and applies them to a Senior Registrar.
The provision applies its obligations to things done by, or in relation to, a Registrar or Deputy.
The Minister may determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, a Registrar of the Family Court of Australia.
The provision requires things done by, or in relation to, a Registrar or Deputy to be done by, or in relation to, a Senior Registrar.
1 Short title
1 September
Provisions do not commence if event in paragraph (b) does not occur.
Note on table limitations and amendments
1 Section 1
1 March 2021
1 March 2023
Commencement details for Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021
10 Section 10
11 Section 11
12 Section 12
13 Section 13
14 Section 14
15 Section 15
2 Commencement
Schedule 1, Parts 1 and 2 commence at the same time as the Federal Circuit and Family Court of Australia Act 2021.
2 Section 2
Conditional commencement of provisions after specific events occur.
28 September
Describes the temporal relationship between events.
3 Section 3
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Section 4
Schedules 2 and 3 at the same time as the provisions covered by table item 2.
5 Section 5
6 Section 6
7 Section 7
8 Section 8
9 Section 9
An Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 2021, and for related purposes