House of Representatives

Explanatory Memorandum

(Circulated by authority of the Honourable Lionel Bowen M.P. Deputy Prime Minister and Attorney-General)

OUTLINE

The purpose of the Bill is -

(a)

to provide for the Family Court of Australia to exercise jurisdiction in certain proceedings under the Administrative Decisions (Judicial Review) Act, the Bankruptcy Act, the consumer protection provisions of the Trade Practices Act and in taxation appeals under the Income Tax Assessment Act;

(b)

to create an office of Judicial Registrar in the Family Court of Australia;

(c)

to empower the Judges of the Court to delegate functions to Judicial Registrars and to extend the range of functions which may now be delegated by the Judges to Registrars of the Court; and

(d)

to extend the jurisdiction which may be exercised by courts of summary jurisdiction under the Family Law Act.

2. Parts II, IV, V, VI and VII of the Bill provide for the additional jurisdiction to be conferred on the Family Court. Broadly speaking, the Family Court will exercise jurisdiction in the additional areas only in respect of matters which are transferred to the Family Court by the Federal Court of Australia. The amendments would not permit proceedings in these areas of jurisdiction to be initiated in the Family Court. The purpose of conferring the additional jurisdiction is to extend the range of matters which may be dealt with by the Judges of the Family Court.

3. The amendments of the Family Law Act made by Part III of the Bill give effect to the proposals for appointment of Judicial Registrars, for delegation of powers to Judicial Registrars and Registrars by the Judges of the Court and the additional jurisdiction to be exercised by courts of summary jurisdiction. The purpose of these provisions is to allow matters of a minor or procedural character to be dealt with by officers of the Court or by courts of summary jurisdiction, leaving the Judges of the Court to concentrate on the more important or complex matters, as well as the additional jurisdiction to be conferred by the Bill.

4. The jurisdiction which courts of summary jurisdiction already have under the Family Law Act is to be extended to enable courts of summary jurisdiction to hear undefended applications for divorce and to extend the existing jurisdiction in property matters. That jurisdiction in property proceedings is limited to $1,000 unless the parties consent to the matter being dealt with by a court of summary jurisdiction. That limit was set in 1975 having regard to the general level of the civil jurisdiction of courts of summary jurisdiction at that time. The civil jurisdiction of courts of summary jurisdiction generally has been increased substantially. The present proposal would allow courts of summary jurisdiction to exercise property jurisdiction, without the need for the consent of the parties, to the limits of the ordinary civil jurisdiction which they now exercise under the law of the State or Territory concerned.