Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 38BAA

Arrangements with other courts

             (1)  The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Court any or all of the following functions:

                     (a)  the receipt of documents to be lodged with or filed in the Court;

                     (b)  the signing and issuing of writs, commissions and process for the purposes of any proceedings in the Court;

                     (c)  the authentication of orders of the Court;

                     (d)  the administration of oaths and affirmations, and the witnessing of affidavits, for the purposes of any proceedings in the Court;

                     (e)  such other non-judicial functions as are permitted by the Rules of Court to be performed under such an arrangement;

                      (f)  such other non-judicial functions as the Chief Justice considers appropriate.

             (2)  If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Court, the officer may perform that function despite any other provision of this Act or any other law of the Commonwealth.

             (3)  A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

             (4)  Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

             (5)  For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback