Family Law Act. Australia

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      26JA Leave of absence (1) A person appointed as a full‑time Judicial Registrar has such recreation leave entitlements as are determined by the Remuneration Tribunal.

      (2) The Chief Judge may grant a person appointed as a full‑time Judicial Registrar leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Judge, with the approval of the Attorney‑General, determines.

      26K Resignation (1) A Judicial Registrar may resign office by writing under his or her hand addressed to the Governor‑General.

      (2) The resignation takes effect on: (a) the day on which it is received by the Governor‑General; or (b) a later day specified in the resignation document.

      26L Termination of appointment (1) The Governor‑General may terminate the appointment of a Judicial Registrar for misbehaviour or physical or mental incapacity.

      (2) The Governor‑General shall terminate the appointment of a Judicial Registrar if the Judicial Registrar becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.

      26M Oath or affirmation of office A Judicial Registrar shall, before proceeding to discharge the duties of the office, take, before the Chief Judge or another Judge of the Family Court, an oath or affirmation in the following form:

      “I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Judicial Registrar of the Family Court of Australia, So help me God.”

      or

      “I, do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Judicial Registrar of the Family Court of Australia.”

      26N Terms and conditions of appointment not provided for by Act A Judicial Registrar holds office on such terms and conditions (if any) in relation to matters not provided by this Act as are determined, in writing, by the Governor‑General.

      Division 5 — Jurisdiction and exercise of jurisdiction

      27 Place of sitting (1) Sittings of the Court must be held from time to time as required and the Court may sit at any place in Australia.

      (2) The Court, in respect of proceedings, may be constituted by 2 or more Judges sitting at the same time, but in different places in Australia, using video link, audio link or other appropriate means to facilitate the Court sitting (split court).

      Note: Section 21B provides for the Chief Judge to make arrangements for the constitution of the Court for particular matters.

      (3) For the purpose of determining which law to apply in proceedings in which a split court is sitting, the Court is taken to be sitting at the place at which the presiding Judge is sitting.

      27A Change of venue The Court or a Judge may, at any stage of a proceeding in the Court, direct that the proceeding or a part of the proceeding be conducted or continued at a place specified in the order, subject to such conditions (if any) as the Court or Judge imposes.

      28 Exercise of jurisdiction (1) The original jurisdiction of the Court may be exercised by one or more Judges.

      (2) The jurisdiction of the Court in an appeal from a court of summary jurisdiction may be exercised by one Judge or by a Full Court.

      (2A) Nothing in this Act prevents a Judge who is a member of the Appeal Division from exercising the jurisdiction of the Court that, under subsection (1) or (2), may be exercised by one or more Judges.

      (3) The jurisdiction of the Court in an appeal from a Judge of the Court or of the Supreme Court of a State or Territory shall be exercised by a Full Court.

      (3A) The jurisdiction of the Court to hear and determine a case stated under section 94A shall be exercised by a Full Court.

      (4) Where, after a Full Court (including a Full Court constituted in accordance with this subsection) has commenced the hearing, or further hearing, of proceedings and before the proceedings have been determined, one of the Judges constituting the Full Court dies, resigns his or her office, ceases to be a member of the Court by reason that the term of his or her appointment expires or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceedings, then the hearing and determination, or the determination, of the proceedings may be completed: (a) if only 2 Judges remain and one of those Judges is assigned to the Appeal Division, or if more than 2 Judges remain and a majority of those Judges are assigned to the Appeal Division — by the Court constituted by the remaining Judges; or (b) with the consent of the parties — by the Court constituted by the remaining Judge or Judges and an additional Judge or Judges, where a majority of the Judges constituting the Court are assigned to the Appeal Division.

      (5) A Full Court constituted in accordance with subsection (4) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted.

      (6) The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by one or more other Judges is at the same time sitting and exercising the jurisdiction of the Court.

      3 °Court divided in opinion If the Judges constituting the Court for the purposes of any proceedings are divided in opinion as to the judgment to be pronounced, judgment shall be pronounced according to the opinion of the majority, if there is a majority, but, if the Judges are equally divided in opinion: (a) in the case of an appeal from a judgment of the Family Court constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory — the judgment appealed from shall be affirmed; and (b) in any other case — the opinion of the Chief Judge or, if he or she is not one of the Judges constituting the Court, the opinion of the most senior of those Judges, shall prevail.

      31 Original jurisdiction of Family Court (1) Jurisdiction is conferred on the Family Court with respect to: (a) matters arising under this Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under this Act; and (aa) matters arising under this Act in respect of which de facto financial causes are instituted under this Act; and (b) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act; and (c) matters arising under a law of a Territory (other than the Northern Territory) concerning: (i) the adoption of children; (iv) the property of the parties to a marriage or either of them, being matters arising between those parties other than matters referred to in the definition of matrimonial cause in subsection 4(1); or (v) the rights and status of a person who is an ex‑nuptial child, and the relationship of such a person to his or her parents; and (d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Family Court under this Act or any other Act.

      (2) Subject to such restrictions and conditions (if any) as are contained in section 111AA, the regulations or the standard Rules of Court, the jurisdiction of the Family Court may be exercised in relation to persons or things outside Australia and the Territories.

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