Document ID: chunk:federal_register_of_legislation:C2024C00723:section:98:p1
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 98 (pt 1/3)
Character Range: 129670–132205

98  Delegation

Delegation of powers
 (1) Judges, or a majority of them, may make Rules of Court delegating any of the powers of the Federal Circuit and Family Court of Australia (Division 1) to a delegate or a prescribed class of delegate.
Note: For the definition of delegate, see subsection 7(1).
 (2) The kinds of powers of the Federal Circuit and Family Court of Australia (Division 1) that the Rules of Court may delegate include the following:
 (a) the power, under subsection 68(3), to require a party's lawyer to give the party an estimate of:
 (i) the likely duration of a proceeding or part of a proceeding; and
 (ii) the likely amount of costs that the party will have to pay in connection with the proceeding or part of the proceeding;
 (b) the power, under subsection 69(1), to give directions about the practice and procedure to be followed in relation to a proceeding or part of a proceeding;
 (c) the power, under subsection 69(3), to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to a proceeding or part of a proceeding;
 (d) the power to dispense with the service of any process of the Court;
 (e) the power to make orders in relation to substituted service;
 (f) 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 Court or of any other person;
 (g) the power to make orders in relation to interrogatories;
 (h) the power, in proceedings in the Court, to make an order adjourning the hearing of the proceedings;
 (i) the power to make an order as to costs;
 (j) the power to make an order about security for costs;
 (k) the power to make an order exempting a party to proceedings in the Court from compliance with a provision of the Rules of Court;
 (l) a power of the Court prescribed by the Rules of Court;
 (m) the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions;
 (n) the power to make orders under the following provisions of the Family Law Act 1975:
 (i) sections 11F and 11G;
 (ii) sections 13C and 13D;
 (iii) subsection 65LA(1);
 (iv) subsection 70NBD(1);
 (o) the power to direct a family consultant to give a report under section 62G of the Family Law Act 1975;
 (p) the power, in family law or child support proceedings, to make:
 (i) an order under section 66Q, 67E, 77 or 90SG of the Family Law Act 1975; or
 (ii) an