The Federal Circuit and Family Court of Australia (FCFCOA) hears matters relating to family law disputes. While many people are familiar with judges as the primary decision-makers in courts, it’s important to understand the distinct roles that Registrars, Senior Registrars, and Judges play in the FCFCOA pathway. Each of these roles carries different powers and responsibilities, which are integral to the functioning of the court. Knowing the differences will ensure you understand what can be achieved at the different hearings through the course of your family law proceedings.

We have summarised the difference between Registrars’ and Senior Registrars’ powers.

Registrars: Procedural and Administrative Specialists

Registrars in the FCFCOA are qualified legal professionals who manage a range of procedural and administrative matters to streamline the judicial process. They assist in the efficient operation of the court by handling preliminary tasks, which frees up judicial resources for more complex cases.

Key Powers of Registrars:

• Case Management: Registrars manage the progress of cases, ensuring they move efficiently through the system. This includes overseeing the filing of documents, setting timelines, and ensuring compliance with court orders.

• Interim Orders: Registrars can make interlocutory/interim (temporary) orders in less contentious matters, such as setting the dates for court hearings, procedural orders such as orders for valuations or child impact reports, or referring parties to mediation. However, they typically do not make substantive decisions on the final outcome of a case.

• Final Orders: By consent only.

• Divorce Hearings: Registrars have the authority to grant divorces.

• Subpoenas and Discovery: They deal with procedural issues related to subpoenas, including objections to subpoenas, and manage the discovery of documents.

Limitations: Registrars do not have the authority to made decisions in relation to substantive orders in about parenting arrangements or property division. These matters must be escalated to a Senior Registrar or Judge.

SENIOR Registrars: More Complex Powers and Responsibilities

Key Powers of Senior Registrars:

• Interim Hearings: Senior Registrars can conduct interim hearings in more complex family law matters, such as making temporary arrangements for parenting or financial disputes while a case is progressing through the court.

• Dispute Resolution: Senior Registrars often oversee alternative dispute resolution processes, including mediation and conciliation. They play a key role in encouraging parties to reach an agreement without the need for a final judicial determination.

• Enforcement of Orders: Senior Registrars can enforce existing court orders, including dealing with contraventions or breaches, such as failure to comply with parenting orders or financial agreements.

• Property and Financial Settlements: In some cases, Senior Registrars can manage less complex financial disputes and may make orders concerning the division of property or spousal maintenance.

Limitations: Although Senior Registrars have greater powers than standard Registrars, they still do not have the authority to make final determinations in complex family law matters, particularly those requiring in-depth judicial analysis.

Judges: The Final Decision-Makers

Judges in the FCFCOA are the ultimate authority when it comes to resolving complex and contested family law matters. They are responsible for making binding, final decisions on both the facts and the law. Judges’ powers extend to the full range of issues that can arise in family law, from parenting arrangements to financial disputes.

Key Powers of Judges:

• Final Hearings: Judges conduct final hearings in contested cases, where they listen to evidence, assess the law, and make binding decisions on the resolution of the dispute. This includes matters such as child custody, property settlements, spousal maintenance, and divorce.

• Interim and Urgent Orders: Judges can make interim and urgent orders in cases requiring immediate attention, such as urgent parenting or financial orders, or injunctions to protect a party or property.

• Complex Cases: Judges handle the most complex and contentious cases, often involving high-conflict parenting disputes, intricate financial arrangements, or cases where family violence is a factor.

• Appeals: In some instances, Judges also hear appeals from decisions made by Registrars or Senior Registrars. This ensures that the decisions made during proceedings and by lower courts are reviewed and, if necessary, corrected.

Link to Schedule 4 of the Court Rules delegating power to the Registrars