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Family Law Amendment (Powers Delegated to Registrars) Rules 2020 and Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020

The Family Law Amendment (Powers Delegated to Registrars) Rules 2020 and the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020 have been signed by a majority of judicial officers and were registered today – 25 September 2020.

The Rules will commence on Saturday 26 September 2020.

The amendments delegate additional powers to Registrars and Deputy Registrars of the Family Court of Australia (known respectively in practice as ‘Senior Registrars’ and ‘Registrars’) and Registrars of the Federal Circuit Court of Australia.

The changes include:

Registrar delegations: The harmonisation of delegations to family law Registrars across the Family Court and Federal Circuit Court, through the delegation of existing Family Court delegated powers to family law Registrars in the Federal Circuit Court.

Senior Registrar delegations: The harmonisation of delegations to family law Senior Registrars across the Family Court and Federal Circuit Court, through the delegation to Federal Circuit Court Registrars those powers held by Senior Registrars of the Family Court, but only to those Federal Circuit Court Registrars who hold concurrently the position of a Senior Registrar in the Family Court.

Additional delegated powers: The delegation of certain limited additional powers to Senior Registrars and, where appropriate, Registrars.

The harmonisation of delegations to family law Registrars across the Family Court and the Federal Circuit Court will ensure that Senior Registrars and Registrars have a uniform set of delegated powers across both Courts. It will ensure a consistent approach and facilitate highly skilled and experienced Registrars being able to more effectively and efficiently support Judges across both Courts. It is a critical step towards the Courts’ development of unified family law processes.

Please see following documents, including Explanatory Statements and the marked-up version of the relevant rules.