In Australia, the Federal Circuit and Family Court of Australia (FCFCoA) determine family law disputes. There is now a range of judicial officers who have varying degrees of delegated power in which to support your matter through the case management pathway that now exists in the FCFCoA. They include Judges, Judicial Registrars and Deputy Registrars, just to name a few.
While a Judge of the FCFCoA – in either Division 1 or Division 2 – is appointed, the balance of judicial offers, who have lesser delegated powers, are employed with varying qualifications and are called Registrars. There are now three types of Registrars in the FCFCoA: Senior Judicial Registrar, Judicial Registrar and Deputy Registrar. Each type of Registrar may become involved at one time or another in your matter once you file and commence Court proceedings, and while you may not appear consistently in front of one or another, they each have different roles in managing your matter from filing to finalisation.
The different roles are as follows:
1. Deputy Registrars (DR):
a. These officers have a constrained delegated power, to deal with procedural, consent or dispute resolution applications, such as:
Consent Orders, either parenting, property or both, are filed with the Court for review and finalisation.
Divorce Orders, in undefended proceedings (i.e. proceedings that are not disputed because one party does not respond or get involved).
Dispute Resolution processes are facilitated by the FCFCoA, namely Family Dispute Resolution Conferences (FDRCs).
Orders by consent are procedural and managerial orders that are intended to support the case through the management pathway.
2. Judicial Registrars (JR):
a. These officers have the powers of the DR, plus some limited further powers, including:
The ability to make cost Orders and security for costs (i.e. requiring someone to put up funds in advance of deciding the proceedings).
The ability to make location Orders.
The ability to make parenting, property, or both style of Orders, in undefended proceedings (i.e. where one party does not respond or get involved) in a limited set of circumstances.
The ability to make parenting, property, procedural, or a combination of all three Orders, when by agreement of the parties.
The ability to make, vary, discharge or suspend spousal maintenance orders in a limited set of circumstances.
The ability to appoint an Independent Children’s Lawyer.
The ability to make Orders in relation to Subpoenas.
The ability to make Orders that direct parties to attend upon a Court Child Expert.
3. Senior Judicial Registrars (SJR):
a. These officers have substantive delegated powers, with the aim for them to run and determine interim matters. In addition to what the DR and JR have, the SJR can:
Make interim parenting Orders.
Make interim property Orders.
Make Orders for maintenance, location and recovery.
Summarily Dismiss proceedings.
Make Orders for enforcement of parenting or property Orders.
Grant injunctions until further Orders or in undefended proceedings.
It is important to understand which Registrar you appear before, as their powers will limit the extent to which they can deal with the issues at hand. For advice tailored to the stage and type of family law proceedings you may find yourself in, contact us today at (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online.