Bruce Baird (Cook, Liberal Party) Share this | Hansard source

It is my pleasure to make some additional comments on the Judiciary Legislation Amendment Bill 2006. From what I understand, the bill has two major purposes. The first is to give effect to purported orders made by non-judicial officers of state courts of summary jurisdiction, contrary to paragraph 39(2)(d) of the Judiciary Act, by providing that the rights and liabilities of all persons are the same as if each such order had been an order made by the court in the exercise of its federal jurisdiction. I think most members of the House would agree with these proposals, and it seems entirely sensible that this legislation has been brought forward in the House. I commend the minister and the parliamentary secretary for bringing forward these proposed changes.

The effect of paragraph 39(2) is that registrars and other non-judicial officers of state courts of summary jurisdiction do not have jurisdiction to make certain orders in federal matters such as default orders. A corresponding provision, subsection 68(3) of the Judiciary Act, provides for similar restrictions in relation to the exercise of federal jurisdiction in criminal cases. I am sure the parliamentary secretary would agree that this is an entirely appropriate mechanism in order to streamline the activities of the court and in terms of the act as previously proposed.

In response to evidence that a large number of family law consent orders were made contrary to paragraph 39(2)(d), the government has added a new part XIVB to the Family Law Act of 1975. Part XIVB provides that the rights and liabilities of all persons are the same as if each such order had been an order made by the court in the exercise of its federal jurisdiction. I think it is appropriate that we do make these changes in line with the Family Law Act, and they are in line with the recommendations made by the parliamentary secretary in this Main Committee. I believe that this is going to be an appropriate piece of legislation which is going to assist considerably in relation to the judiciary in this country. I welcome the member for Fisher, who has arrived in the House.

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