Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (122 of 2009)

Schedule 1   Federal Court powers

Federal Court of Australia Act 1976

7   After subsection 59(2B)

Insert:

(2C) Without limiting subsections (2), (2A) and (2B), the Rules of Court may make provision for, or with respect to, the following matters in relation to referrals of proceedings or questions to a referee under section 54A:

(a) the cases in which a proceeding, or a question arising in a proceeding, may be referred by the Court to a referee for inquiry and report to the Court;

(b) the appointment of a Judge, the Registrar or other officer of the Court or other person as a referee;

(c) the procedures to be followed by a referee in inquiring into and reporting on a proceeding, or a question arising in a proceeding, that has been referred to the referee;

(d) the participation (including attendance) of persons in an inquiry by a referee;

(e) the procedures to be followed by a referee after an inquiry by the referee has ended (whether or not a report has been provided to the Court);

(f) the manner in which a report by a referee may be called in question;

(g) the provision of the services of officers of the Court and the provision of court rooms and other facilities for the purpose of an inquiry by a referee;

(h) the fees payable to a referee;

(i) time limits to be observed by the parties to the proceeding to which an inquiry by a referee relates, in relation to any matter connected with the inquiry;

(j) any other matters associated with an inquiry or report by a referee.

(2D) Without limiting subsection (2C), the Rules of Court may empower:

(a) the Court or a referee to require that evidence be given on oath or affirmation in an inquiry by a referee; or

(b) a referee to administer an oath or affirmation.