Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_123:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 123 (pt 1/4)
Character Range: 1028183–1030841

123  Rules of Court—standard Rules of Court
 (1) The Judges of the Federal Circuit and Family Court of Australia (Division 1), or a majority of them, may make Rules of Court not inconsistent with this Act, providing for or in relation to the practice and procedure to be followed, subject to subsection 69GA(3) and section 90YJ, in a court exercising jurisdiction under this Act, and for and in relation to all matters and things incidental to any such practice and procedure, or necessary or convenient to be prescribed for the conduct of any business in the court and, in particular:
 (a) providing for and in relation to the attendance of witnesses; and
 (b) providing for and in relation to the manner of service of process of a court exercising jurisdiction under this Act, and for and in relation to dispensing with such service; and
 (ba) providing for and in relation to trial management; and
 (e) providing for and in relation to the prevention or termination of vexatious or harmful proceedings; and
 (f) prescribing the seals and stamps to be used in a court exercising jurisdiction under this Act; and
 (g) prescribing matters relating to the costs of proceedings (including solicitor and client costs and party and party costs) and the assessment or taxation of those costs; and
 (h) authorising a court to refer to an officer of the court for investigation, report and recommendation claims or applications for or relating to any matters before the court; and
 (j) authorising an officer making an investigation mentioned in paragraph (h) to:
 (i) take evidence on oath or affirmation; and
 (ii) receive in evidence a report from a family consultant under section 55A or 62G; and
 (iii) receive in evidence a report from a person who has had dealings with a party to the matter under investigation under section 65F, 65L, 65LA, 70NBB, 70NBD or 70NBF; and
 (ja) enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (h) for the purposes of giving evidence or producing books or documents; and
 (k) regulating the procedure of a court upon receiving a report of an officer who has made an investigation referred to in paragraph (h); and
 (m) providing for and in relation to the procedure of a court exercising its powers under section 112AP to deal with a person for contempt of the court; and
 (ma) for the purposes of Division 2 of Part XI, providing for the conditions relating to the use of video links, audio links and other appropriate means of communication; and
 (n) providing for and in relation to the making of an application for a divorce order in relation to a marriage jointly by both