Document ID: chunk:federal_register_of_legislation:C2024C00723:section:136:p1
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 136 (pt 1/2)
Character Range: 176292–178885

136  Exercise of jurisdiction—open court or in Chambers
 (1) This section does not apply to family law or child support proceedings.
Note: See section 97 of the Family Law Act 1975.

Open court
 (2) The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must be exercised in open court. However, this rule does not apply where, as authorised by this Chapter or another law of the Commonwealth, the jurisdiction of the Court is exercised by a Judge of that Court sitting in Chambers.
 (2A) For the purposes of subsection (2), the circumstances in which the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link or other appropriate means.

Judge sitting in Chambers
 (3) The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) may be exercised by a Judge of the Court sitting in Chambers in:
 (a) a proceeding on an application relating to the conduct of a proceeding; and
 (b) a proceeding on an application for orders or directions as to any matter which, by this Chapter or any other law of the Commonwealth, is made subject to the direction of a Judge of the Court sitting in Chambers; and
 (c) a proceeding on any other application authorised by the Rules of Court to be made to a Judge of the Court sitting in Chambers.
 (4) The jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) is to be exercised by a Judge of the Court sitting in Chambers in a proceeding where:
 (a) under the Rules of Court, the Court is authorised to make a decision relating to the proceeding without an oral hearing; and
 (b) the parties to the proceeding have consented to the Court making a decision in relation to the proceeding without an oral hearing.

Proceeding in Chambers may be adjourned into court
 (5) A Judge of the Federal Circuit and Family Court of Australia (Division 2) may order a proceeding in Chambers to be adjourned into the Court.

Proceeding in open court may be adjourned into Chambers
 (6) The Federal Circuit and Family Court of Australia (Division 2) may order a proceeding in open court to be adjourned into Chambers if, apart from this subsection, the jurisdiction of the Court may be exercised by a Judge of the Court sitting in Chambers in that proceeding.

Closed court etc.
 (7) The Federal Circuit and Family Court of Australia (Division 2) may order the exclusion of the public or of persons specified by the Court from a sitting of