Document ID: chunk:federal_register_of_legislation:C2024C00723:section:98:p2
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 98 (pt 2/3)
Character Range: 132002–134530

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 order for the payment of maintenance pending the disposal of the proceedings;
 (q) the power to make an order the terms of which have been agreed upon by all the parties to the proceedings;
 (r) 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;
 (s) the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations made under the Family Law Act 1975;
 (t) the power to give directions, or approve communications, for the purposes of subsection 114Q(2) or subparagraph 114R(2)(b)(i) of the Family Law Act 1975.

Powers that may not be delegated
 (3) Despite subsection (1), the powers of the Federal Circuit and Family Court of Australia (Division 1) that the Rules of Court may not delegate are the following:
 (a) the power to make a divorce order in proceedings that are defended;
 (b) the power to make a decree of nullity of marriage;
 (c) the power to make a declaration as to the validity of:
 (i) a marriage; or
 (ii) a divorce; or
 (iii) the annulment of a marriage;
 (d) the power to make an excluded child order;
 (e) the power to make an order setting aside a registered award under section 13K of the Family Law Act 1975.

Effect of delegation
 (4) A power delegated by the Rules of Court, when exercised by a delegate, is taken, for all purposes, to have been exercised by the Federal Circuit and Family Court of Australia (Division 1) or a Judge of the Court.
 (5) The delegation of a power by the Rules of Court does not prevent the exercise of the power by the Federal Circuit and Family Court of Australia (Division 1) or a Judge of the Court.

Costs
 (6) Despite the Rules of Court, a delegate must not exercise the power referred to in paragraph (2)(i) except in relation to costs of, or in connection with, an application heard by a delegate.

Orders made as a matter of urgency
 (7) Despite the Rules of Court, a delegate must not exercise the power referred to in paragraph (2)(p) on application by a party to proceedings under the Family Law Act 1975 unless:
 (a) the other party to the proceedings appears at the hearing of the application; or
 (b) the delegate is satisfied that notice of the intention of