The Family Court of Australia Principal Registry was established under the Family Law Act 1975, which was proclaimed to commence
on 5 January 1976 (Australian Government Gazette, No S259, 12 Dec 1975, p 1).
The Family Law Act 1975, sub-sections 36 (1) and (2) and 37 (3) made provision for the Governor-General to establish Registries of the Family Court of Australia. Unless otherwise provided the Principal Registry was to be established in Sydney. Sub-sections 37 (3) provided for a Registrar of the Court and such Deputy Registrars of the Court as were necessary. The first Registrar of the Family Court of Australia, Principal Registry, Kenneth John Nikon, was appointed on and from 5 January 1976 (Australian Government Gazette No G3, 20 Jan 1976, p 22) Deputy Registrars for other Registries were appointed at the same time.
These appointments were subsequent revoked on 5 July 1976 when the designations "Registrar" and "Deputy Registrars" were changed to "Principal Registrar" and "Registrar" respectively, (Australian Government Gazette No G29, 20 Jul 1976, p 2) as a result of the passing of the Family Law Amendment Act 1976 (No 63)
The Family Court has jurisdiction in:
(a) matrimonial causes instituted or constituted under the
Family Law Act
(b) proceedings instituted or continued under the Marriage Act
1961-1973, other than proceedings under Part VII of that Act;
(c) matters arising under a law of a Territory concerning-
(i) the adoption of children;
(ii) the guardianship, custody or maintenance of children; or
(iii) payments of a kind referred to in section 109 of the
Family Law Act
(d) matters in which jurisdiction is conferred on it by a law made
by the Parliament (Family Law Act) 1975, section 31 (1)
The main business at the Family Law Court was to administer Australia's new divorce laws; under the new act the only ground for divorce was the irretrievable breakdown in marriage.
The State and Territorial Supreme Courts had dealt with matters relating to matrimonial causes under the previous Commonwealth legislation, the Matrimonial Causes Act 1959-1966 which was repealed by the Family Law Act 1975. Between January and June 1976, the State and Territorial Supreme Courts had concurrent jurisdiction with the Family Court under the Family Law Act 1975. However, as from 1 June 1976, the jurisdiction of the State and Australian Capital Territory Supreme Courts to deal with new matters under the Family Law Act 1975 was terminated (Attorney-General's Department Press Release No. 37/76, 1 June 1976 opening of Family Court of Western Australia).
The Family Law Act 1975, section 41, enabled the establishment of State Family Courts funded by the Australian Government. Western Australia was the only State which took advantage of this section. The Family Court of Western Australia was opened on 1 June 1976, therefore no Registry of the Family Court of Australia was established in Perth.
In the Northern Territory, Northern Territory Supreme Court judges are also appointed judges of the Family Court of Australia, and the Supreme Court handles cases under the Family Law Act.
The Registries of the Court are concerned with the actual processing of divorce applications and the Principal Registry has a central co-ordinating administrative role in this sphere.
The Principal Registry in Sydney is also concerned with appeals as set out in sub-sections 94 (1) and 96 (1) (2) of the Family Law Act 1975; applications for appeals can only be lodged with the Principal Registry.
In a review of the Family Court administrative structure, the Principal Registry was retitled Office of the Chief Executive (OCE) in 1990. The OCE is the Family Court's central office, and includes the Information Services Section (located in Canberra) and the Chief Justice's Chambers (CA 7922), Melbourne. A small office for the Deputy Chief Justice's Chambers is also located in Perth.
From March 1995, the OCE is responsible for all personnel matters of the Court on a national basis. All active staff personnel files have been relocated from the three Regional offices; Eastern (New South Wales and ACT), Southern (Victoria, South Australia and Tasmania), and Northern (Queensland and NT). Prior to 1992, Family Court personnel files were maintained by the Attorney-General's Department.Historical agency address
1976-1977: Skandia House, 220 George St, Sydney
1977-1988: 8th Floor, La Salle Building, 70-70a Castlereagh Street,
Sydney
1989-1994: 12th Floor, HCF House, 403 George Street, Sydney
1994- : Lionel Bowen Building, 97-99 Goulburn Street, SydneyLegislation administered
Creation: Commonwealth of Australia Acts, No. 53 of 1975; Family Law Act 1975
Agency controlled unregistered
Family Court of Australia, Northern Regional Office
Previous agency unregistered
South Australia, Supreme Court Office
Tasmania, Supreme Court