Family Law Act. Australia

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СКАЧАТЬ award or agreement.

      (2) The court may only make a decree under subsection (1) if the court is satisfied that: (a) the award or agreement was obtained by fraud (including non‑disclosure of a material matter); or (b) the award or agreement is void, voidable or unenforceable; or (c) in the circumstances that have arisen since the award or agreement was made it is impracticable for some or all of it to be carried out; or (d) the arbitration was affected by bias, or there was a lack of procedural fairness in the way in which the arbitration process, as agreed between the parties and the arbitrator, was conducted.

      Part IV — The Family Court of Australia

      Division 1 — Interpretation

      20 Interpretation In this Part, unless the contrary intention appears: Chief Judge means the Chief Judge of the Court, and includes the Deputy Chief Judge or a Judge Administrator if the Deputy Chief Judge or Judge Administrator is for the time being performing the duties and exercising the powers of the Chief Judge.

      Court means the Family Court of Australia.

      Deputy Chief Judge means the Deputy Chief Judge of the Court.

      Judge means a Judge of the Family Court (including the Chief Judge, the Deputy Chief Judge, a Judge Administrator or a Senior Judge).

      Judge Administrator means a Judge Administrator of the Court.

      Principal Registrar means the Principal Registrar of the Court.

      Division 2 — The Family Court of Australia

      21 Creation of Court (1) A Court, to be known as the Family Court of Australia, is created by this Act.

      (2) The Court is a superior court of record.

      (3) The Court consists of: (a) a Chief Judge, who shall be called the Chief Justice of the Court; (b) a Deputy Chief Judge, who shall be called the Deputy Chief Justice of the Court; and (c) Judge Administrators, Senior Judges and other Judges, not exceeding, in total, such number as is prescribed.

      (4) Regulations made pursuant to subsection (3) shall take effect at the expiration of 7 sitting days after the regulations have been laid before each House of the Parliament.

      21A Divisions of Court For the purposes of the organization and conduct of the business of the Court, the Court comprises 2 Divisions, namely, the Appeal Division and the General Division.

      21B Arrangement of business of Court (1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

      (1A) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Judge: (a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following: (i) make arrangements as to the Judge or Judges who is or are to constitute the Court, or the Full Court, in particular matters or classes of matters; (ii) without limiting the generality of subparagraph (i) — assign particular caseloads, classes of cases or functions to particular Judges; (iii) temporarily restrict a Judge to non‑sitting duties; and (b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of): (i) annual health assessments; and (ii) short‑term counselling services; and (iii) judicial education; and (c) may deal, as set out in subsection (1B), with a complaint about the performance by another Judge of his or her judicial or official duties; and (d) may take any measures that the Chief Judge believes are reasonably necessary to maintain public confidence in the Court, including, but not limited to, temporarily restricting another Judge to non‑sitting duties.

      (1B) The Chief Judge may, if a complaint is made about another Judge, deal with the complaint by doing either or both of the following in respect of the complaint: (a) deciding whether or not to handle the complaint and then doing one of the following: (i) dismissing the complaint; (ii) handling the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge; (iii) arranging for any other complaint handlers to assist the Chief Judge to handle the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge; (b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following: (i) dismiss the complaint; (ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.

      Note: A complaint handler (other than the Chief Judge) may handle a complaint by referring it to the Chief Judge. The Chief Judge may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint.

      (2) The Deputy Chief Judge shall assist the Chief Judge in the exercise of the functions conferred on the Chief Judge by this section (other than paragraph (1A)(c) or (d)).

      (3) A Judge Administrator shall, in relation to such part of Australia as is from time to time assigned by the Chief Judge, assist the Chief Judge and the Deputy Chief Judge in the exercise of such of the functions conferred on the Chief Judge by this section (other than paragraph (1A)(c) or (d)) as are from time to time so assigned.

      (3A) The Chief Judge may authorise, in writing, a person or a body to do one or more of the following: (a) assist the Chief Judge to handle complaints or a specified complaint; (b) decide whether or not to handle complaints or a specified complaint; (c) dismiss complaints or a specified complaint; (d) handle complaints or a specified complaint.

      (3B) To avoid doubt, the Chief Judge may authorise under subsection (3A): (a) the Deputy Chief Judge or a Judge Administrator; or (b) a body that includes the Deputy Chief Judge or a Judge Administrator.

      (4) In exercising, or assisting in the exercise of, the functions or powers mentioned in paragraph (1A)(a), the Chief Judge and the Deputy Chief Judge have the same protection and immunity as if they were exercising, or assisting in the exercise of, those functions or powers as, or as members of, the Court.

      Note: See also section 38Y.

      (5) Despite section 39B of the Judiciary Act 1903, the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Judge of, or relating to the Deputy Chief Judge assisting in the exercise of, the functions or powers mentioned in subsection (1A), (1B) or (3A).

      Division 3 — Judges

      22 Appointment, removal and resignation of Judges Appointment of Judges (1) A Judge: (a) shall be appointed by the Governor‑General; and (b) shall not be removed except by the Governor‑General, on an address from both Houses of the Parliament in the same session praying for the Judge’s removal on the grounds of proved misbehaviour or incapacity.

      (2) A person shall not be appointed as a Judge unless: (a) the person is or has been a Judge of another court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and (b) by reason of training, experience and personality, the person is a suitable person to deal with matters of family law.

      Judges to be assigned to particular location (2AAA) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge: (a) must not sit at СКАЧАТЬ