Family Law Act. Australia

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СКАЧАТЬ of Part XIIIAA (International protection of children) may affect the jurisdiction of the Court.

      33 Jurisdiction in associated matters To the extent that the Constitution permits, jurisdiction is conferred on the Court in respect of matters not otherwise within the jurisdiction expressed by this Act or any law to be conferred on the Court that are associated with matters (including matters before the Court upon an appeal) in which the jurisdiction of the Court is invoked or that arise in proceedings (including proceedings upon an appeal) before the Court.

      33A Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Circuit Court (1) Proceedings must not be instituted in the Family Court in respect of a matter if: (a) the Federal Circuit Court of Australia has jurisdiction in that matter; and (b) proceedings in respect of an associated matter are pending in the Federal Circuit Court of Australia.

      (2) Subsection (1) does not apply to: (a) proceedings for a divorce order; or (b) proceedings instituted in the Family Court under Division 13A of Part VII or under Part XIII or XIIIA.

      (3) If: (a) proceedings are instituted in the Family Court in contravention of subsection (1); and (b) the proceedings are subsequently transferred to the Federal Circuit Court of Australia; the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.

      33B Discretionary transfer of proceedings to the Federal Circuit Court (1) If a proceeding is pending in the Family Court, the Family Court may, by order, transfer the proceeding from the Family Court to the Federal Circuit Court of Australia.

      (2) The Family Court may transfer a proceeding under subsection (1): (a) on the application of a party to the proceeding; or (b) on its own initiative.

      (3) The standard Rules of Court may make provision in relation to the transfer of proceedings to the Federal Circuit Court of Australia under subsection (1).

      (4) In particular, the standard Rules of Court may set out factors that are to be taken into account by the Family Court in deciding whether to transfer a proceeding to the Federal Circuit Court of Australia under subsection (1).

      (5) Before standard Rules of Court are made for the purposes of subsection (3) or (4), the Family Court must consult the Federal Circuit Court of Australia.

      (6) In deciding whether to transfer a proceeding to the Federal Circuit Court of Australia under subsection (1), the Family Court must have regard to: (a) any standard Rules of Court made for the purposes of subsection (4); and (b) whether proceedings in respect of an associated matter are pending in the Federal Circuit Court of Australia; and (c) whether the resources of the Federal Circuit Court of Australia are sufficient to hear and determine the proceeding; and (d) the interests of the administration of justice.

      (7) If an order is made under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Circuit Court of Australia.

      (8) An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).

      (8A) The Federal Circuit Court of Australia has jurisdiction in a matter that: (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.

      To avoid doubt, the court’s jurisdiction under this subsection is not subject to limits set by another provision.

      (9) The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.

      (10) This section does not apply to proceedings of a kind specified in the regulations.

      33C Mandatory transfer of proceedings to the Federal Circuit Court (1) If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Family Court, the Family Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Circuit Court of Australia.

      (2) If a proceeding is transferred under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceedings by the Federal Circuit Court of Australia.

      (3) An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).

      (3A) The Federal Circuit Court of Australia has jurisdiction in a matter that: (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.

      To avoid doubt, the court’s jurisdiction under this subsection is not subject to limits set by another provision.

      (4) The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.

      (5) The Minister must cause a copy of regulations (transfer regulations) made for the purposes of subsection (1) to be tabled in each House of the Parliament.

      (6) Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.

      (7) If neither House passes such a resolution, the transfer regulations take effect on the day immediately after the last day upon which such a resolution could have been passed.

      (8) Subsections (5), (6) and (7) have effect despite anything in: (a) the Acts Interpretation Act 1901; or (b) the Legislative Instruments Act 2003.

      34 Issue of certain writs etc.

      (1) The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, and to issue, or direct the issue of, writs of such kinds, as the Court considers appropriate.

      35 Contempt of court Subject to this and any other Act, the Family Court has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

      Division 6 — Registries and officers

      36 Registries (1) The Governor‑General shall cause such Registries of the Court to be established as the Governor‑General thinks fit.

      (2) Unless and until the regulations otherwise provide, the Principal Registry shall be located in Sydney.

      37 Officers of Court (1) In relation to a proceeding under this Act, the officers of the Court have such duties, powers and functions as are given by this Act or the standard Rules of Court or by the Chief Judge.

      (2) The Principal Registrar of the Court may, subject to this Act, the regulations, the standard Rules of Court and any directions of the Chief Judge, give directions to the officers of the Court in relation to the manner in which the functions and duties of those officers are to be performed and the powers of those officers are to be exercised in relation to proceedings under this Act.

      (3) Despite subsection (2), the Principal Registrar must СКАЧАТЬ