Family Law Act. Australia

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СКАЧАТЬ of allegiance and office A Judge shall, before proceeding to discharge the duties of the office, take, before the Chief Justice or a Justice of the High Court of Australia or a Judge of the Family Court or of another court created by the Parliament, an oath or affirmation of allegiance in the form in the Schedule to the Constitution, and also an oath or affirmation in the following form:

      “I, do swear that I will well and truly serve in the office of (Chief Judge, Deputy Chief Judge, Judge Administrator, Senior Judge or Judge, as the case may be) of the Family Court of Australia and that I will do right to all manner of people according to law, without fear or favour, affection or ill‑will, So help me God.”

      or

      “I, do solemnly and sincerely promise and declare that ” (as above, omitting the words “So help me God”).

      Division 4 — Judicial Registrars

      26A Judicial Registrars The Governor‑General may appoint one or more Judicial Registrars of the Court.

      26B Powers of Judicial Registrars (1) The Judges, or a majority of them, may make Rules of Court delegating to the Judicial Registrars all or any of the powers of the Court except the power to make an excluded child order (as defined in subsection (1A)) and the power to make an order setting aside a registered award under section 13K.

      (1A) An excluded child order is: (a) a parenting order to the extent to which it provides that: (i) a child is to live with a person; or (ii) a child is to spend time with a person; or (iii) a child is to communicate with a person; or (iv) a person is to have parental responsibility for a child; or (b) an order in relation to the welfare of a child; other than: (c) a parenting order made under paragraph 70NEB(1)(b) or an order made under paragraph 70NFB(2)(c) that has the same effect as such a parenting order; or (d) an order until further order; or (e) an order made in undefended proceedings; or (f) an order made with the consent of all the parties to the proceedings.

      (2) Without limiting the generality of subsection (1), the Judges, or a majority of them, may make Rules of Court under that subsection: (a) delegating to the Judicial Registrars all or any of the powers of the Court that could be delegated to the Registrars of the Court; and (b) delegating to the Judicial Registrars powers of the Court by reference to powers of the Court that have been delegated to the Registrars of the Court under section 37A.

      (3) A power delegated to the Judicial Registrars shall, when exercised by a Judicial Registrar, be deemed to have been exercised by the Court or a Judge, as the case requires.

      (4) The delegation of a power to the Judicial Registrars does not prevent the exercise of the power by the Court or a Judge.

      (5) The provisions of this Act, the regulations and the standard Rules of Court, and other laws of the Commonwealth, that relate to the exercise by the Court of a power that is, under a delegation made under subsection (1), exercisable by a Judicial Registrar, apply in relation to an exercise of the power by a Judicial Registrar as if references to the Court, or to a court exercising jurisdiction under this Act, were references to a Judicial Registrar.

      (6) The Judicial Registrars shall have, in addition to the powers delegated to them under subsection (1), such other powers (if any) as are conferred on them by this Act, the regulations and the standard Rules of Court.

      Note: Powers to make Rules of Court are also contained in sections 37A, 109A and 123.

      26C Review of decisions of Judicial Registrars (1) A party to proceedings in which a Judicial Registrar has exercised a power delegated under subsection 26B(1) may, within the time prescribed by, or within such further time as is allowed in accordance with, Rules of Court made by the Judges or a majority of them, apply to the Court to review the exercise of the power.

      (2) The Court may, on application made under subsection (1) or of its own motion, review the exercise by a Judicial Registrar of a power delegated under subsection 26B(1), and may make such orders as it considers appropriate in relation to the matter in relation to which the power was exercised.

      (3) The Court may, on the application of a party or of its own motion, refer an application under subsection (1) to a Full Court of the Court.

      26D Exercise of delegated powers by Court (1) Where: (a) an application for the exercise of a power delegated under subsection 26B(1) is to be, or is being, heard by a Judicial Registrar; and (b) the Judicial Registrar considers that it is not appropriate for the application to be determined by a Judicial Registrar; the Judicial Registrar shall not hear, or continue to hear, the application, and shall make appropriate arrangements for the application to be heard by the Court.

      (2) Where: (a) a power delegated under subsection 26B(1) is proposed to be exercised in a particular case by a Judicial Registrar; but (b) the Judicial Registrar has not commenced to exercise the power in that case; a Judge may, on application by a person who would be a party to the proceedings before the Judicial Registrar in relation to the proposed exercise of the power, order that the power be exercised in that case by a Judge.

      (3) Where an application is made to a Judge under subsection (2) seeking an order that, in a particular case, a power be exercised by a Judge, the Judicial Registrar shall not commence to exercise the power in that case until the application has been determined.

      26E Application of the Legislative Instruments Act 2003 to rules of court The Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act) applies in relation to rules of court made under sections 26B and 26C of this Act: (a) as if a reference to a legislative instrument were a reference to a rule of court; and (b) as if a reference to a rule‑maker were a reference to the Chief Judge acting on behalf of the Judges; and (c) subject to such further modifications or adaptations as are provided for in regulations made under paragraph 125(1)(baa) of this Act.

      26F Independence of Judicial Registrars Notwithstanding any provision of this Act or any other law, a Judicial Registrar is not subject to the direction or control of any person or body in the exercise of a power delegated under subsection 26B(1).

      26G Judicial Registrars hold office on full time or part time basis A Judicial Registrar may be appointed on a full time or part time basis.

      26H Qualifications for appointment etc.

      (1) A person shall not be appointed as a Judicial Registrar unless: (a) the person is or has been a Judge of a court created by the Parliament or of a court of a State or the Northern Territory 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) the person is, by reason of training, experience and personality, a suitable person to deal with matters of family law.

      26I Term of office (1) A Judicial Registrar: (a) shall be appointed with effect from the day specified in the instrument of appointment; and (b) holds office, subject to this Act: (i) for such term (not exceeding 7 years) as is specified in the instrument of appointment, but is eligible for re‑appointment; or (ii) if the instrument of appointment so provides, until attaining 65 years of age, but is eligible for re‑appointment.

      26J Remuneration and allowances (1) A Judicial Registrar shall be paid such remuneration as is determined by the Remuneration Tribunal.

      (2) A Judicial Registrar shall be paid such allowances as are prescribed.

      (3) This section has effect subject to the СКАЧАТЬ