Federal Magistrates Court (Delegation to Registrars) Rules 2000

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Federal Magistrates Court (Delegation to Registrars) Rules 2000
Statutory Rules 2000 No. 171
I, Diana Bryant, Chief Federal Magistrate, make the following Rules of Court under the Federal Magistrates Act 1999.
Dated 23 June 2000
Diana Bryant
Chief Federal Magistrate

Federal Magistrates Court (Delegation to Registrars) Rules 2000
Statutory Rules 2000 No. 1711
made under the
Federal Magistrates Act 1999
 
 
 
Contents
                                                                                                                 Page
                      1.1  Name of Rules                                                                   2
                      1.2  Commencement                                                                 2
                      1.3  Definition                                                                           2
                      1.4  Delegation of powers to Registrars                                       2
 
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1.1           Name of Rules
                These Rules are the Federal Magistrates Court (Delegation to Registrars) Rules 2000.
1.2           Commencement
                These Rules commence on 23 June 2000.
1.3           Definition
                In these Rules:
Act means the Federal Magistrates Act 1999.
1.4           Delegation of powers to Registrars
         (1)   The powers of the Court under the provisions of the Bankruptcy Act 1966 mentioned in the following table are delegated to each Registrar.
 
Item
Provision
Description (for information only)

1
subsection 30 (1) (only for an application to set aside a bankruptcy notice)
power to set aside a bankruptcy notice

2
section 33
adjournment, amendment of process and extension and abridgment of time

3
subsection 41 (6A)
extension of time for compliance with a bankruptcy notice

4
subsection 43 (1)
power to make a sequestration order

5
subsection 46 (2)
power to make a sequestration order against 2 or more debtors

6
subsection 47 (2)
power to give leave to withdraw a creditor’s petition after presentation

7
section 49
power to permit the substitution of another creditor as petitioner

8
subsection 52 (1)
power to make a sequestration order against the estate of a debtor

9
subsection 52 (2) 
power to dismiss a petition

10
subsection 52 (5)
power to extend a period at the expiration of which a petition will lapse

11
section 81
powers for examination

12
section 139ZU
power to grant a bankrupt permission to leave Australia

13
section 206
power to adjourn a petition if creditors have passed a resolution for a deed and to subsequently dismiss the petition

14
subsection 244 (9)
power to direct service of petition on a person under Part XI

15
subsection 244 (10)
power to dispense with service of a petition under Part XI

16
subsection 244 (11)
power to make an order for administration of estate under Part XI

17
subsection 244 (12)
power to dismiss a petition under Part XI

18
subsection 244 (13)
power to give leave to present a petition under Part XI

19
subsection 247 (1A)
power to make an order for administration of a petition by person administering estate

20
section 264B 
power to issue a warrant

21
subsection 309 (2)
power to order substituted service

         (2)   The following powers of the Court under the Family Law Act 1975 are delegated to each Registrar:
                (a)    the power to make a decree of dissolution of marriage in undefended proceedings;
               (b)    the powers under subsection 55 (2) and section 55A of that Act to make an order, or a declaration, in relation to a decree of dissolution of marriage.
         (3)   In addition, the powers mentioned in subsection 102 (2) of the Act are delegated to each Registrar.
Note   The powers mentioned in subsection 102 (2) of the Act are:
·            the power to dispense with the service of any process of the Federal Magistrates Court;
·            the power to make orders in relation to substituted service;
·            the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Federal Magistrates Court or of any other person;
·            the power to make orders in relation to interrogatories;
·            the power, in proceedings in the Federal Magistrates Court, to make an order adjourning the hearing of the proceedings;
·            the power to make an order as to costs;
·            the power to make an order about security for costs;
·            the power to make an order exempting a party to proceedings in the Federal Magistrates Court from compliance with a provision of the Rules of Court;
·            a power of the Federal Magistrates Court prescribed by the Rules of Court;
·            the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions;
·            the power to direct the parties to family law or child support proceedings to attend conferences conducted by family and child counsellors or welfare officers;
·            the power, in family law or child support proceedings, to make:
–       an order under section 66Q, 67E or 77 of the Family Law Act 1975; or
–       an order for the payment of maintenance pending the disposal of the proceedings;
·            the power to make an order the terms of which have been agreed upon by all the parties to the proceedings;
·            the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders under the Family Law Act 1975;
·            the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations under the Family Law Act 1975.
         (4)   A power mentioned in subrule (1), (2) or (3) may be exercised by a Registrar only if the Registrar is approved, or is in a class of Registrars approved, by the Chief Federal Magistrate for the exercise of the power.
Note
1.       Notified in the Commonwealth of Australia Gazette on 23 June 2000.
 

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