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FAMILY LAW ACT 1975 - SECT 23

Seniority

             (1)  The Chief Justice is senior to all other Judges of the Court.

             (2)  The Deputy Chief Justice is senior to all other Judges of the Court other than the Chief Justice.

             (3)  Judges assigned to the Appeal Division before, or not later than 3 months after, the commencement of section 13 of the Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 have seniority next to the Deputy Chief Justice, and have such seniority in relation to each other as they had immediately before that commencement.

             (4)  The remaining Judges assigned to the Appeal Division have seniority next to the Judges to whom subsection (3) applies according to the days on which their assignments to the Appeal Division took effect.

             (5)  Where, because 2 or more assignments to the Appeal Division took effect on the same day, subsection (4) does not determine priority between the Judges concerned, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.

             (6)  The Senior Judges not assigned to the Appeal Division have seniority next to the Judges to whom subsection (4) applies according to the days on which their appointments as Senior Judges took effect.

             (7)  Where, because 2 or more commissions of appointment as Senior Judge took effect on the same day, subsection (6) does not determine seniority between the Senior Judges concerned, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.

             (8)  The Judges who are not Senior Judges and are not assigned to the Appeal Division have seniority next to the Senior Judges to whom subsection (6) applies according to the days on which their appointments as Judges took effect.

             (9)  Where, because 2 or more commissions of appointment as Judge took effect on the same day on or after the commencement of this subsection, subsection (8) does not determine seniority between the Judges concerned, those Judges have such seniority in relation to each other as is assigned to them by the Governor-General.

           (10)  If:

                     (a)  a person's commission of appointment as a Judge of a particular kind terminates; and

                     (b)  a new commission of appointment of the person as a Judge of that kind takes effect immediately after the termination;

the day of appointment of the person as a Judge of that kind is, for the purposes of this section, the day on which the earlier appointment took effect and not the day on which the later appointment took effect.

           (11)  Subsection (10) applies to the termination of a commission of appointment however it occurs (whether because of resignation or because of the expiration of the term of the appointment or otherwise).



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