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Part 3.3

Federal Court of Australia Act 1976

In force
Schedule 2Powers of the Court that may be exercised by a Registrar

Part 3.3 Federal Court of Australia Act 1976

Item

Provision

Description (for information only)

21

Section 31A(1)

Power to give summary judgment for a prosecuting party

22

Section 31A(2)

Power to give summary judgment for a defending party

23

Section 32AB(1)

Power to order the transfer of a proceeding to the Federal Circuit and Family Court of Australia (Division 2)

24

Section 32AB(7)

Power to make a necessary order pending the disposal of a proceeding by the Federal Circuit and Family Court of Australia (Division 2)

25

Sections 37AF and 37AI

Power to make an order prohibiting or restricting the publication or other disclosure of particular evidence or the name of a party or witness

26

Section 37N(3)

Power to require a party’s lawyer to give the party an estimate of the likely duration of the proceeding or part of the proceeding and of the likely amount of costs the party will have to pay in connection with the proceeding or part of the proceeding

27

Section 37P(2)

Power to give directions about the practice and procedure to be followed in relation to the proceeding or any part of the proceeding

28

Section 37P(5)

Power 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 the proceeding or any part of the proceeding

29

Section 43

Power to award costs of or in connection with an application heard by a Registrar

30

Section 47(1)

Power to direct or allow the manner of giving of testimony in a proceeding other than the trial of a cause

31

Section 47(3)

Power to direct or allow proof by affidavit at the trial of a cause

32

Section 47(4)

Power to permit the use of an affidavit without cross‑examination of the maker

33

Section 47(5)

Power to order the manner of giving of testimony at the trial of a cause

34

Section 47A(1)

Power to direct or allow testimony to be given by video link, audio link or other appropriate means

35

Section 47B(1)

Power to direct or allow a person to appear or to make a submission by video link, audio link or other appropriate means

36

Section 47D

Power to direct or allow a document to be put to a person who is appearing or being examined by video link, audio link or other appropriate means

37

Section 47E(b)

Power to allow another person to administer oath or affirmation to a remote person

38

Section 47F(1)

Power to make an order for payment of expenses incurred in connection with the giving of testimony, appearance or the making of submissions by video link, audio link or other appropriate means

39

Section 48

Power to direct a change of venue for a proceeding or part of a proceeding

40

Section 51(2)

Power to make an order declaring that a proceeding is not invalid by reason of an irregularity or formal defect

41

Section 52(2)

Power to fix a rate of interest that is lower than that fixed by section 52(2)

42

Section 53A(1)(b)

Power to refer proceedings, or a part of proceedings, to a mediator for mediation

43

Section 56(1)

Power to order an applicant or appellant to give security for costs

44

Section 56(2)

Power to direct the amount, the time for giving, and the manner and form of security

45

Section 56(3)

Power to reduce or increase the amount of security

46

Section 56(3)

Power to vary the time of giving or the manner and form of security

47

Section 56(4)

Power to order that a proceeding or appeal be dismissed

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