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Family Law Amendment Rules 2006 (No. 1)

Authoritative Version
  • - F2006L02230
  • No longer in force
SLI 2006 No. 177 Rules/Court & Tribunal Rules as made
Rules amendments to cater for the commencement of the Family Law Amendment (Shared Parenting Responsibilty) Act 2006, and the Jurisdiction of Courts (Family Law) Act 2006, to clarify issues and procedures, to amend various delegations and to introduce new forms.
Administered by: Attorney-General's
Registered 30 Jun 2006
Tabling HistoryDate
Tabled HR08-Aug-2006
Tabled Senate08-Aug-2006
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law Amendment Rules 2006 (No. 1)1

Select Legislative Instrument 2006 No. 177

We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.

Dated 26 June 2006

J FAULKS – ACTING CHIEF JUSTICE

M FINN

N J BUCKLEY

I COLEMAN

MICHELLE MAY

JENNIFER BOLAND

K A MURRAY

JAMES BARRY

G R MULLANE

B JORDAN J

N MUSHIN

C E DAWE

ROD BURR

LLOYD WADDY

M WATT

D COLLIER

S STRICKLAND

A R MONTEITH

J P H STEVENSON

M F LE POER TRENCH

PETER YOUNG

DONNA O’REILLY

G WATTS

R BENJAMIN

 

 

Judges of the Family Court

of Australia

 

A. M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H HOLDEN

C E MARTIN

J PENNY

S THACKRAY

 

Judges of the Family Court

of Western Australia

DAVID MONAGHAN
Principal Registrar
Family Court of Western Australia


1              Name of Rules

                These  Rules  are  the  Family Law Amendment Rules 2006 (No. 1).

2              Commencement

                These Rules commence as follows:

                (a)    on 1 July 2006 — rules 1 to 3 and Schedule 1;

               (b)    on the commencement of Schedules 1 and 2 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 — Schedule 2;

                (c)    on the commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law) Act 2006 — Schedule 3.

3              Amendment of Family Law Rules 2004

         (1)   Schedule 1 amends the Family Law Rules 2004.

         (2)   Schedule 2 amends the Family Law Rules 2004 as amended by Schedule 1.

         (3)   Schedule 3 amends the Family Law Rules 2004 as amended by Schedules 1 and 2.


Schedule 1        Amendments commencing on 1 July 2006

(rule 3)

  

[1]           Rule 5.09, heading

substitute

5.09        Affidavits

[2]           Rule 5.09, notes 2 and 3

substitute

Note 2   Rule 15.21 provides that a party must not, without the court’s permission, request the issue of more than 3 subpoenas for the hearing of an Application in a Case (Form 2). However, a child representative may request the issue of more than 3 subpoenas (see subrule 15.21 (2)).

[3]           Before rule 6.08

insert in Part 6.3

6.08A      Interpretation

                In this Part:

a manager of the affairs of a party includes a person who has been appointed, in respect of the party, a trustee or guardian under a Commonwealth, State or Territory law.

[4]           Rule 6.10

omit

                A person may apply

insert

         (1)   A person may apply

[5]           Rule 6.10, after note 2

insert

         (2)   A person who is a manager of the affairs of a party is taken to be appointed as the case guardian of the party if the person has filed:

                (a)    a notice of address for service; and

               (b)    an affidavit which:

                          (i)    provides evidence that the person has been appointed manager of the affairs of the party; and

                         (ii)    states that the person consents to being appointed as the case guardian of the party.

[6]           Rule 6.11

substitute

6.11        Attorney‑General may nominate case guardian

         (1)   If in the opinion of the court a suitable person is not available for appointment as a case guardian of a person with a disability, the court may request that the Attorney‑General nominate, in writing, a person to be a case guardian.

         (2)   A person nominated by the Attorney‑General to be a case guardian of a person with a disability is taken to be appointed as such if the person files:

                (a)    a consent to act in relation to the person with a disability;

               (b)    a copy of the written nomination of the person as a case guardian; and

                (c)    a Notice of Address for Service (Form 8).

Note   A consent to act must comply with subrule 24.01 (1).

[7]           Rule 6.16, note

omit

Bankruptcy Act:

insert

Act:

[8]           Chapter 7, summary

substitute

Summary of Chapter 7

Chapter 7 sets out the rules for serving documents and proving service. The rules in this chapter apply only to the service of documents in Australia and non‑convention countries. The Regulations deal with service in countries that are party to certain conventions. If there is an inconsistency between the Regulations and these Rules, the Regulations prevail (see subsection 125 (3) of the Act).

When a court determines a case, the judicial officer must be satisfied that all the documents filed that are to be relied on in the case have been served or otherwise brought to the attention of the other parties to the case.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[9]           Before rule 7.01

insert in Part 7.1

7.01A      Application

                This Chapter does not apply to service of a document in a foreign country that is a party to a convention to which Australia is also a party regarding legal proceedings in civil and commercial matters.

Note   Regulation 12 of the Regulations deals with service of documents in convention countries.

[10]         Subrules 7.07 (1) and (2)

substitute

         (1)   A document may be served on a person in Australia by sending a copy of it to the person’s last known address by post.

         (2)   A document may be served on a person in Australia by sending it to the person by electronic communication.

[11]         Paragraphs 7.17 (c) to (f)

substitute

                (c)    if served by delivery to a document exchange — on the next working day after the day when it was delivered; or

               (d)    on a date fixed by the court.

[12]         Rule 7.19

substitute

7.19        Service in non‑convention country

         (1)   A person may serve a document on a person in a non‑convention country:

                (a)    in accordance with the law of the non‑convention country; or

               (b)    if the non‑convention country permits service of judicial documents through the diplomatic channel — through the diplomatic channel.

         (2)   A person seeking to serve a document in a non‑convention country through the diplomatic channel must:

                (a)    request the Registry Manager, in writing, to arrange service of the document under this Part; and

               (b)    lodge 2 copies of each document to be served, translated, if necessary, into an official language of that country.

         (3)   If the Registry Manager receives a request under subrule (2), the Registry Manager must:

                (a)    seal the documents to be served; and

               (b)    send to the Secretary of the Department of Foreign Affairs and Trade:

                          (i)    the sealed documents; and

                         (ii)    a written request that the documents be sent to the government of the non‑convention country for service.

[13]         Rule 9.04, heading

substitute

9.04        Applicant reply to Form 1A (Form 1B)

[14]         After rule 9.04

insert

9.04A      Additional party reply to Form 1A (Form 1B)

         (1)   This rule applies if, in a Response to an Application for Final Orders (Form 1A), a respondent seeks orders against a person other than the applicant (an additional party).

         (2)   An additional party who seeks to oppose the orders sought in the Form 1A, or who seeks different orders, must file a Reply (Form 1B).

[15]         Subrule 11.08 (2), note

omit

[16]         Subrule 11.08 (3), note

omit

[17]         Chapter 12, summary

substitute

Summary of Chapter 12

Chapter 12 sets out rules about the events that parties to an Application for Final Orders (Form 1) may be required to attend during the course of the case. These include a case assessment conference, a procedural hearing, counselling and mediation, a conciliation conference, a pre‑trial conference and a trial. Chapter 16A sets out rules which apply to certain trials to which Division 12A of Part VII of the Act applies.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[18]         Before rule 12.07

insert in Part 12.3

12.07A   Application

                This Part does not apply to a case to which Chapter 16A applies.

[19]         Chapter 15, summary

substitute

Summary of Chapter 15

Chapter 15 sets out rules about evidence generally and in relation to children, affidavits, subpoenas, assessors and expert witnesses. Evidence adduced at a hearing or trial must be admissible in accordance with the provisions of the Act, the Evidence Act 1995 and these Rules. Note, though, that, subject to sections 4 and 5 of the Evidence Act 1995, that Act does not apply to the Family Court of Western Australia or any other court of a State.

A person may be prosecuted for knowingly making a false statement in evidence (see section 35 of the Crimes Act 1914).

Sections 69ZT to 69ZX of the Act apply to a case to which Division 12A of Part VII of the Act applies.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[20]         Rule 15.12

substitute

15.12      Documents attached

         (1)   A document to be used in conjunction with an affidavit must:

                (a)    subject to subrules (2) and (5), be attached to the affidavit;

               (b)    have its pages consecutively numbered beginning on the first page of the document with:

                          (i)    if the document is the first or only document used in conjunction with the affidavit — the numeral ‘1’; or

                         (ii)    if the document is not the first document used in conjunction with the affidavit — the numeral following the numeral appearing on the last page of the preceding document; and

                (c)    bear a statement, signed by the witness before whom the affidavit is made, identifying it as the document used in conjunction with the affidavit.

         (2)   A document to be used in conjunction with an affidavit must not be attached to the affidavit if:

                (a)    the document is more than 2.5 cm in thickness; or

               (b)    if the document is not more than 2.5 cm in thickness — the document and the affidavit, including any other documents to be used in conjunction with the affidavit, when combined are more than 2.5 cm in thickness.

         (3)   If a document to be used in conjunction with an affidavit must not be attached to the affidavit because of subrule (2), the document must be filed:

                (a)    if the document is not more than 2.5 cm in thickness — in a separate volume; or

               (b)    if the document is more than 2.5 cm in thickness — in as many separately indexed volumes, each not more than 2.5cm in thickness, as are required to contain the document.

         (4)   An index of contents must be included at the beginning of:

                (a)    if more than 1 document is attached to an affidavit in accordance with paragraph (1) (a) — the documents attached to the affidavit; or

               (b)    if more than 1 volume is filed in accordance with paragraph (3) (b) — each volume.

         (5)   If a document to be used in conjunction with an affidavit is unable to be attached to the affidavit, the document must be identified in the affidavit and filed.

         (6)   Paragraph (1) (c) does not apply to an attachment to an Affidavit of Service (Form 7).

[21]         Rule 15.13, notes 1 and 2

omit

[22]         Subrule 15.29 (2), note

omit

[23]         Rule 15.74, notes 1 and 2

omit

[24]         Chapter 16, summary

substitute

Summary of Chapter 16

Chapter 16 sets out how to prepare for and conduct a trial other than a trial to which Chapter 16A applies.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[25]         Paragraph 16.08 (3) (g)

omit

objection.

insert

objection;

[26]         After paragraph 16.08 (3) (g)

insert

                (h)    if the application relates to evidence to be adduced from a witness in a foreign country — the matters required to be addressed under rule 16.09;

                 (i)    if the application relates to making a submission, giving evidence or adducing evidence from New Zealand — the facilities that enable evidence to be given or a submission to be made, as required by Part 4 of the Evidence and Procedure (New Zealand) Act 1994.

Note   Part 4 of the Evidence and Procedure (New Zealand) Act 1994 (the EP Act) applies to proceedings in a federal court, or a court specified in regulations made under the EP Act, in which a direction is made for the use of video link or telephone to take evidence or make a submission from New Zealand.

Subsection 25 (2) of the EP Act sets out the matters of which a court must be satisfied before it may make a direction under subsection 25 (1) of that Act. The EP Act also provides that evidence is not to be given, or a submission made, from New Zealand unless the place where the court is sitting and the place where the evidence is to be given or a submission made are equipped with facilities enabling the persons at each place to see and hear each other in the case of video link (see section 26), or to hear each other in the case of a telephone conference (see section 27).

[27]         After subrule 16.08 (5)

insert

         (6)   For paragraph 16.08 (3) (h):

foreign country has the meaning given by subrule 16.09 (2).

[28]         Subrule 16.09 (1)

omit

telephone or video conference or other

[29]         Subrule 16.09 (2), note 1

omit

video link.

insert

electronic communication.

[30]         After Chapter 16

insert

Chapter 16A          Division 12A of Part    VII of the Act

Summary of Chapter 16A

Chapter 16A sets out the requirements for consent to the application of Division 12A of Part VII of the Act to a case and the additional procedures for certain trials to which Division 12A of Part VII of the Act applies.

Division 12A of Part VII of the Act applies to proceedings:

·   that come wholly or partly under Part VII of the Act, or any other proceedings which involve the court’s jurisdiction under the Act if the parties in those proceedings consent to Division 12A applying to those proceedings; and

·   that were commenced by application:

     (a)   on or after 1 July 2006; or

     (b)   before 1 July 2006 if the parties to the proceedings consent, and the      court grants permission (the court’s permission may be sought in       accordance with rule 12.04 of these Rules).

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

If a rule in another Chapter (other than Chapter 1) conflicts with a rule in this Chapter, the rule in this Chapter applies.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

Part 16A.1          Consent for Division 12A of Part VII of the Act to apply to a case

16A.01   Definition

                In this Part:

the prescribed form means a form authorised by the Principal Registrar for the purposes of a party in a case giving consent to the application of Division 12A of Part VII of the Act to the case.

16A.02   Application of Part 16A.1

                This Part applies if the consent of the parties to a case is necessary before Division 12A of Part VII of the Act can apply to the case.

16A.03   Consent for Division 12A of Part VII of the Act to apply

                If a party to a case seeks to consent to the application of Division 12A of Part VII of the Act to the case, or part of the case, the party must:

                (a)    give consent in accordance with the prescribed form; and

               (b)    file a copy of the form.

16A.04   Application for Division 12A of Part VII of the Act to apply for case commenced by application before 1 July 2006

                For the purposes of seeking the leave of the court for Division 12A of Part VII of the Act to apply to a case commenced by an application filed before 1 July 2006, an application for permission may be made to the court at a procedural hearing in accordance with rule 12.04.

Part 16A.2          Trials of certain cases to which Division 12A of Part VII of the Act applies

16A.05   Definitions

                In this Part:

                trial Judge means the Judge to whom a trial, in a case to which Division 12A of Part VII of the Act applies, is allocated.

                trial Judicial Registrar means the Judicial Registrar to whom a trial, in a case to which Division 12A of Part VII of the Act applies, is allocated.

16A.06   Application

         (1)   Subject to subrules (2) and (3), this Part applies to the trial of a case:

                (a)    that is pending in the Family Court; and

               (b)    to which Division 12A of Part VII of the Act applies.

         (2)   This Part does not apply to the trial of a case which involves 1 or more of the following applications only:

                (a)    a Medical Procedure Application referred to in Division 4.2.3 of these Rules;

               (b)    a Maintenance Application referred to in Division 4.2.4 of these Rules;

                (c)    a child support application referred to in Division 4.2.5 of these Rules;

               (d)    an application relating to a passport referred to in Division 4.2.7 of these Rules.

         (3)   This Part does not apply to the trial of a case conducted under the Children’s Cases Program described in the following Practice Directions:

                (a)    No. 2 of 2005;

               (b)    No. 3 of 2005.

         (4)   To the extent to which a rule in this Part applies to the trial of a case mentioned in subrule (1), and does not conflict with a rule in Chapter 1, the rule in this Part applies to the case and overrides all other provisions in these Rules.

16A.07   Questionnaire

         (1)   In a case to which this Part applies, each party to the case must file a completed questionnaire.

         (2)   A questionnaire mentioned in subrule (1) must be:

                (a)    in the form approved by the Principal Registrar; and

               (b)    filed 28 days before the commencement of the trial of the case.

16A.08   Subpoenas etc

         (1)   This rule applies in a case that has had a trial date fixed.

         (2)   A party in a case must not do any of the following unless the court has granted permission to the party to do so:

                (a)    issue a subpoena in the case;

               (b)    file or serve an application or affidavit in the case.

         (3)   A request for the court’s permission mentioned in subrule (2):

                (a)    must be made:

                          (i)    to the trial Judge or trial Judicial Registrar in the case if the trial Judge or trial Judicial Registrar is available; or

                         (ii)    if the trial Judge or trial Judicial Registrar in the case is not available — to any other judicial officer;

               (b)    may be made orally or in writing;

                (c)    may be made without giving notice to any other parties in the case; and

               (d)    may be determined in chambers in the absence of the other parties to the case.

16A.09   Commencement of trial

                A trial is taken to have commenced when it first comes before the trial Judge or trial Judicial Registrar for that trial.

16A.10   Parties to be sworn etc

         (1)   On the first day of a trial, all parties, and any mediator, must be administered an oath or affirmation.

         (2)   A person is bound by the oath or affirmation administered under subrule (1) until the conclusion of the trial.

[31]         Rule 17.03

omit

10.25%

insert

10.75%

[32]         Chapter 18, summary

substitute

Summary of Chapter 18

Chapter 18 sets out:

·   the powers of the court that are delegated to Judicial Registrars, Registrars and Deputy Registrars of the Family Court of Australia; and

·   the process for reviewing an order made by a Judicial Registrar or Registrar.

Note   A power or function expressed by these Rules to be conferred on a Registrar may also be exercised in the Family Court by a Judge or a Judicial Registrar.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[33]         Before rule 18.01

insert in Division 18.1.1

18.01A   Definitions

                In this Chapter:

Deputy Registrar means a Deputy Registrar of the Family Court of Australia.

Registrar means a Registrar of the Family Court of Australia.

[34]         Subrule 19.18 (3)

omit

However, if there is a valid costs agreement

insert

However, for lawyer and client costs only, if there is a valid costs agreement

[35]         Paragraph 20.23 (1) (a)

omit

mortgagor

insert

mortgagee

[36]         Rule 21.01, note 2

substitute

Note 2   If a maintenance order is complied with before an Application for Contempt (Form 19) is heard by the court, the failure to comply with the order that led to the Form 19 being filed does not constitute a contempt of court (see subsection 112AP (1A) of the Act).

[37]         Rule 21.02, table 21.1, items 2 and 3

substitute

2

Contravention of an order (of a kind included in the definition of an order under this Act affecting children under section 70NB of the Act) under Division 13A of Part VII of the Act affecting children, for example, a breach of a contact order

Application — Contravention (Form 18)

3

Contravention of an order (of a kind included in the definition of an order under this Act under section 112AA of the Act) under Part XIIIA of the Act not affecting children, for example, a breach of a property order

Application — Contravention (Form 18)

[38]         Rule 22.03

substitute

22.03      Time for appeal

         (1)   Subject to subrule (2), a Form 20 must be filed within 28 days after the date the order appealed from was made.

Note 1   Rule 17.01 sets out when an order is made.

Note 2   A person may apply for an extension of time to appeal (see paragraphs 94 (2D) (a) and 94AAA (10) (a) of the Act, paragraphs 102 (8) (a) and 102A (9) (b) of the Assessment Act, paragraphs 107 (7) (a) and 107A (9) (b) of the Registration Act and Division 22.7.1 of these Rules).

         (2)   An appeal may only be lodged against an order made in, or arising out of, a trial to which Chapter 16A applies if the appeal is lodged within 28 days after the last order, other than a costs order, is made in the trial.

[39]         Schedule 3

substitute

Schedule 3        Itemised scale of costs

(rule 19.18)

Note   The amounts in this Schedule include GST.

Part 1          Fees for lawyer’s work done

 

Item

Matter for which charge is made

Charge

101

Drafting documents (other than letters)

$16.50 per 100 words

102

Producing documents in printed form (other than letters)

$5.65 per 100 words

103

Drafting and producing letters (including fax or e‑mail transmissions)

$18.90 per 100 words

104

Reading documents

$7.70 per 100 words

105

Scanning of documents (where reading is not necessary)

$3.05 per 100 words

106

For a document or letter mentioned in item 101, 102, 103, 104 or 105 containing more than 3 000 words

The amount allowed by the Registrar

107

Photocopy or other reproduction of a document

50 cents per page

108

Time reasonably spent by a lawyer on work requiring the skill of a lawyer (except work to which any other item in this Part applies)

$192.90 per hour

109

Time reasonably spent by a lawyer, or by a clerk of a lawyer, on work (except work to which any other item in this Part applies)

$125.10 per hour

Part 2          Fees for counsel’s work done

 

Item

Matter for which charge is made

Charge

Senior counsel

Charge

Junior counsel

201

Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))

$371–$636 per hour

$221.55–$315.90 per hour

202

Conferences (including court appointed conferences), if necessary

$371–$636 per hour

$221.55–$315.90 per hour

203

Short attendances (for example, procedural hearings, summary hearings taking less than 3 hours)

$371–$2 650

$198.20–$928.55

204

A hearing or trial taking at least 3 hours but not more than 1 day

$689–$5 300

$677.35–$1 565.60

205

Other hearings or trials

$1 749–$5 300 per day

$1 565.60$2 301.25 per day

206

Reserved judgment

$371–$636 per hour

$221.55–$315.90 per hour

Part 3          Basic composite amount for undefended divorce

 

Item

Matter for which charge is made

Charge

301

If the lawyer employed another lawyer to attend at court for the applicant and there is a child of the marriage under 18 years old

$840.60

302

If the lawyer employed another lawyer to attend at court for the applicant and there is no child of the marriage under 18 years old

$625.40

303

If the lawyer did not employ another lawyer to attend at court for the applicant and there is a child of the marriage under 18 years old

$788.65

304

If the lawyer did not employ another lawyer to attend at court for the applicant and there is no child of the marriage under 18 years old

$590.40

305

If the lawyer did not attend at court for the hearing under section 98A of the Act

$507.75

Part 4          Basic composite amount for application for Enforcement Warrant or Third Party Debt Notice

 

Item

Matter for which charge is made

Charge

401

An Enforcement Warrant under rule 20.16

$507.75

402

A Third Party Debt Notice under rule 20.32

$507.75

 


 

Schedule 2        Amendments commencing on commencement of Schedules 1 and 2 to the Family Law Amendment (Shared Parental Responsibility) Act 2006

(rule 3)

  

[1]           Rule 1.05, after note 2

insert

Note 3   Subsections 60I (2) and (12) of the Act require that a party comply with rule 1.05 and Part 2 of Schedule 1 of these Rules before an application is made for a parenting order.

[2]           Chapter 2, summary

substitute

Summary of Chapter 2

Chapter 2 sets out rules about:

·   the form of application you must file to start a case in a court;

·   the documents you must file with an application; and

·   the brochures that must be served in a case.

Before starting a case, you must comply with the court’s pre‑action procedures (see subrule 1.05 (1) and Schedule 1).

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[3]           Rule 2.03

substitute

2.03        Service of brochures

                A person who files an Application for Final Orders (Form 1) or an Application for Divorce (Form 3) must, when serving the application on the respondent, also serve a brochure prepared by the court for section 12F of the Act.

Note   In addition to the requirements of this rule, an applicant who has filed a Maintenance Application, child support application or appeal, or an Application for an Enforcement Hearing must serve the relevant brochure on the respondent (see rule 4.13 and subrules 4.23 (2) and 20.11 (3)).

[4]           After Part 2.3 heading

insert

Division 2.3.1        Cases involving allegation of abuse or family violence in relation to a child

[5]           Rule 2.04

substitute

2.04        Definition

                In this Division:

allegation of abuse or family violence means an allegation:

                (a)    that a child has been abused or that there is a risk of a child being abused; or

               (b)    that there has been family violence involving a child or a member of the child’s family or that there is a risk of family violence involving a child or a member of the child’s family.

Part VII order has the same meaning as in subsection 60I (1) of the Act.

2.04A      Application of Division 2.3.1

                This Division applies to a case if an application is made to a court for a Part VII order in relation to a child in the case.

2.04B     Filing and service

         (1)   In a case to which this Division applies, if any of the following persons makes an allegation of abuse or family violence the person must file a Notice of Child Abuse or Family Violence (Form 4):

                (a)    a party in the case;

               (b)    an independent children’s lawyer in the case;

                (c)    a person seeking to intervene in the case.

         (2)   A person who files a Form 4 must file an affidavit or affidavits setting out the evidence on which the allegations in the Form 4 are based, no later than the time the Form 4 is filed.

Note   The requirements for service of filed documents are set out in rule 7.04. For service of a notice filed in a case to which section 67Z of the Act applies, subsection 67Z (2) specifically requires that a person alleged in the notice to have abused a child in the case, or to be a person from whom a child in the case is at risk of being abused, must be served with a copy of the notice.

2.04C     Listing case

                If a Form 4 has been filed in a case, a Registrar may list the case for hearing or procedural hearing.

2.04D     Prescribed document and prescribed form

                A Notice of Child Abuse or Family Violence (Form 4) is:

                (a)    the document prescribed for the purposes of paragraph 60K (1) (d) of the Act; and

               (b)    the prescribed form for the purposes of a notice mentioned in subsection 67Z (2) of the Act.

[6]           Before rule 2.06

insert

Division 2.3.2        Property settlement or spousal maintenance cases

[7]           Rule 3.01, note 2

omit

(see rule 2.03 and section 17 of the Act).

insert

(see rule 2.03).

[8]           Rule 4.13, note 2

omit

brochures required to be served under subrule 2.03 (3).

insert

brochure required to be served under rule 2.03.

[9]           Rule 4.23, note 1

omit

brochures required to be served under subrule 2.03 (3).

insert

brochure required to be served under rule 2.03.

[10]         Paragraph 5.08 (a)

omit

section 68F

insert

section 60CC

[11]         Rule 5.09, notes 2 and 3

substitute

Note 2   Rule 15.21 provides that a party must not, without the court’s permission, request the issue of more than 3 subpoenas for the hearing of an Application in a Case (Form 2). However, an independent children’s lawyer may request the issue of more than 3 subpoenas (see subrule 15.21 (2)).

[12]         Rule 6.01, note

substitute

Note   An independent children’s lawyer is not a party to a case but must be treated as a party (see rule 8.02).

[13]         Rule 7.01, note

omit

the brochure mentioned in subrule 2.03 (3);

insert

the brochure mentioned in rule 2.03;

[14]         Chapter 8, summary

substitute

Summary of Chapter 8

Chapter 8 sets out rules about:

·   the people who may be heard by the court and the requirements for their address for service;

·   the appointment of an independent children’s lawyer; and

·   lawyer’s conflict of interest and ceasing to act.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[15]         Rule 8.02

substitute

8.02        Independent children’s lawyer

         (1)   A party may apply for the appointment or removal of an independent children’s lawyer by filing an Application in a Case (Form 2).

Note   A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1 in rule 11.01).

         (2)   If the court makes an order for the appointment of an independent children’s lawyer:

                (a)    it may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of subsection 116C (5) of the Act; and

               (b)    it may order that the costs of the independent children’s lawyer be met by a party.

Note   Section 68L of the Act provides for the independent representation of children.

         (3)   A person appointed as an independent children’s lawyer:

                (a)    must file a Notice of Address for Service (Form 8);

               (b)    must comply with these Rules and do anything required to be done by a party; and

                (c)    may do anything permitted by these Rules to be done by a party.

         (4)   If an independent children’s lawyer is appointed, the parties must conduct the case as if the independent children’s lawyer were a party.

         (5)   The appointment of an independent children’s lawyer ceases:

                (a)    when the Application for Final Orders (Form 1) is determined or withdrawn; or

               (b)    if there is an appeal — when the appeal is determined or withdrawn.

Note 1   If a document or notice is served on or given to a party under these Rules, the document or notice must also be served on or given to any independent children’s lawyer (see subrule 7.04 (4)).

Note 2   This rule applies unless the court orders otherwise (see rule 1.12).

[16]         Subrule 10.15 (4), note

substitute

Note   If an independent children’s lawyer has been appointed in a case, the court will not make a consent order unless the independent children’s lawyer has also signed the draft consent order (see subrule 8.02 (4)).

[17]         Rule 11.01, Table 11.1, item 1

substitute

1

Attendance

   (a)  order a party to attend:

         (i)   an information session;

        (ii)   a procedural hearing;

       (iii)   a family consultant;

       (iv)   family counselling or family dispute resolution;

 

 

        (v)   a conference or other court event; or

       (vi)   a post‑separation parenting program;

   (b)  require a party, a party’s lawyer or an independent children’s lawyer to attend court

[18]         Chapter 12, summary

substitute

Summary of Chapter 12

Chapter 12 sets out rules about the events that parties to an Application for Final Orders (Form 1) may be required to attend during the course of the case. These include a case assessment conference, a procedural hearing, family counselling, family dispute resolution, attendance with a family consultant, a conciliation conference, a pre‑trial conference and a trial.  Rules about the events in the determination phase of a case to which Chapter 16A applies are set out in Chapter 16A.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.


 

[19]         Chapter 12, flowchart

substitute

 

Resolution phase

 

Comply with pre‑action procedures

 

 

 

 

Start of case (Chapter 2)

 

 

 

First court date (hearing, procedural hearing, case assessment conference)

 

 

 

 

Property

 

Parenting order

 

 

 

 

Conciliation conference

Final resolution event

Attendance with family consultant

 

 

 

 

Determination phase

 

Trial notice issues

 

 

 

 

Pre‑trial conference

 

 

 

 

 

 

Trial

 

 


 

[20]         Subrule 12.03 (1)

substitute

         (1)   A case assessment conference must be held in the presence of:

                (a)    a Registrar; or

               (b)    a family consultant.

[21]         Subrule 12.04 (1), note 1

omit

mediation in a parenting case,

insert

family counselling or family dispute resolution in a parenting case,

[22]         Subrule 12.06 (1)

omit

a mediator.

insert

a family consultant.

[23]         Subrule 15.02 (2)

substitute

         (2)   The interview may be conducted in the presence of a family consultant or another person specified by the judicial officer.

[24]         Rule 15.04

omit

[25]         Rule 15.30

substitute

15.30      Right to inspect and copy

         (1)   This rule applies if:

                (a)    the issuing party serves the named person and the other parties, including the independent children’s lawyer (if any), in accordance with rule 15.28 at least 21 days before the court date; and

               (b)    the named person complies with the subpoena at least 7 days before the court date.

         (2)   The written notice mentioned in subparagraph 15.28 (1) (a) (iii) must state that:

                (a)    if the named person:

                          (i)    complies with the subpoena at least 7 days before the court date; and

                         (ii)    does not object to a party or any independent children’s lawyer inspecting or copying the document; and

               (b)    if no other party or person objects to the document being inspected and copied by the parties or any independent children’s lawyer;

each party and any independent children’s lawyer is entitled, without an order, to inspect and take copies of the document from 7 days before the court date.

         (3)   The issuing party must file an Affidavit of Service (Form 7), setting out the details of the party’s compliance with paragraph (1) (a).

         (4)   If the named person, a party or an independent children’s lawyer has not made an objection under rule 15.31 by the seventh day before the court date, each party and any independent children’s lawyer is entitled, after the seventh day and without an order, to inspect and take copies of the document.

Note   Some legislative provisions prohibit government departments from communicating certain information; for example, see section 150 of the Assessment Act and section 16 of the Registration Act.

[26]         Rule 15.41

omit

This Part (other than rule 15.55)

insert

         (1)   This Part (other than rule 15.55)

[27]         Paragraph 15.41 (d)

omit

mediator

insert

family consultant

[28]         Rule 15.41, after the example

insert

         (2)   Nothing in this Part prevents an independent children’s lawyer communicating with a single expert witness.

[29]         Subrule 15.44 (1), at the foot

insert

Note   Subrule 15.54 (3) sets out the requirements that apply to instructions to a single expert witness appointed by agreement between the parties.

[30]         After subrule 15.54 (2)

insert

         (3)   All instructions to a single expert witness appointed by agreement between the parties must be provided jointly by the parties and, if an independent children’s lawyer has been appointed in the case, the independent children’s lawyer.

[31]         Subrule 16A.10 (1)

omit

mediator,

insert

family consultant,

[32]         Paragraph 18.02 (1) (b)

omit

section 19G

insert

section 13K

[33]         Paragraph 18.02 (1) (d)

omit

section 70NL

insert

section 70NFD

[34]         Paragraph 18.02 (1) (d)

omit

paragraph 70NJ (3) (a)

insert

paragraph 70NFB (2) (a)

[35]         Rule 18.05, Table 18.2, items 4 and 5

substitute

4

paragraph 65G (2) (b)

Power to make a parenting order by consent in favour of a non‑parent without attendance at conference with a family consultant

5

section 65L

Power to make an order requiring compliance with a parenting order to be supervised by a family consultant

[36]         Rule 18.05, Table 18.2, item 14

substitute

14

subsection 68M (2)

Power to make an order that a child be made available for an examination for the purposes of preparing a report in connection with the proceedings

[37]         Subrule 18.06 (1), Table 18.4

substitute

Table 18.4   Powers delegated to Deputy Registrars

 

Item

Legislative provision

Description (for information only)

Family Law Act

1

section 11F

Power to order parties to attend appointment or a series of appointments with a family consultant

2

section 11G

Power to make an order as a result of failure to attend appointment with family consultant

3

section 13B

Power to refer parties to family counselling and to adjourn the case until the parties have had family counselling

4

section 13C

Power to refer parties to family counselling, family dispute resolution and other family services and to adjourn the case until the parties have had family counselling, family dispute resolution and other family services

5

section 13D

Power to make an order as a result of failure to attend family counselling, family dispute resolution or other family services

6

sections 13E and 13F

Power to refer parties to arbitration, with consent of parties, and to make procedural orders to assist arbitration

7

section 27A

Power to direct, at any stage, that a case or part of a case be conducted or continued at a specified place subject to conditions (if any)

8

sections 33B and 33C

Power to transfer a case, in whole or in part, to the Federal Magistrates Court

9

subsection 37A (1) (except subparagraph (e) (iv) and paragraph (f))

Power to make procedural and costs orders

Note   The delegations mentioned in this item are subject to the restrictions imposed by subsection 37A (6) of the Act.

10

subsection 44 (1C)

Power to make an order for divorce within 2 years of the date of marriage

11

section 45

Power to transfer a case to another court

12

section 48

Power to make a divorce order in an undefended case

13

subsection 55 (2)

Power to reduce or increase the time for a divorce order to take effect

14

section 55A

Power to make a declaration about arrangements for children after a divorce

15

section 57

Power to rescind a divorce order if parties reconciled

16

paragraphs 60K (2) (a), (b) and (c)

Power to make procedural orders in relation to allegations of child abuse or family violence

17

section 62G

Power to order a family report

18

subsection 63E (3)

Power to register a revocation agreement

19

section 68L

Power to make an order that a child is to be independently represented

20

section 69ZW

Power to make an order requesting a prescribed State or Territory agency to provide the court with specified documents or information

21

paragraph 79 (9) (c)

Power to make an order dispensing with requirement to attend a conference

22

subsection 91B (1)

Power to request that a prescribed child welfare authority intervene in a case in which a child’s welfare is or may be affected

23

subsections 92 (1) and (2)

Power to make an order entitling a person to intervene in a case

24

subsection 97 (1A)

Power to exercise powers in chambers

25

subsection 97 (2)

Power to make an order that a specified person is not, or specified persons are not, to be present in court during the case or during a specified part of the case that is within the Deputy Registrar’s power

26

section 98A

Power to make an order granting an undefended application for divorce in the absence of the parties

27

section 101

Power to protect a witness in relation to a case being heard by the Deputy Registrar

28

section 109A

Power to enforce an order in relation to a financial matter

29

subsection 114 (3)

Power to grant an injunction in relation to an obligation to be enforced under Chapter 20

30

subsection 117 (2) (except an order as to security for costs)

Power to make a costs order in a case before the Deputy Registrar

Family Law Regulations

31

subregulation 4 (1)

Power to make an order in relation to practice and procedure if satisfied that the Act, the Regulations or these Rules do not adequately provide for a particular situation or there is a difficulty or doubt about practice or procedure

32

regulation 5

Power to make an order in relation to a case if a party has not complied with the Regulations or these Rules

33

paragraph 6 (1) (a)

Power to relieve a party from non‑compliance with a regulation, rule or order made by a Registrar

Bankruptcy Act

34

section 33

Adjournment, amendment of process and extension and abridgment of times

35

section 81

Powers in relation to examinations

36

section 264B

Power to issue a warrant

37

subsection 309 (2)

Power to order substituted service

[38]         Subrule 18.06 (2), Table 18.5, after item 31

insert

31A

Rule 16A.04

Power to grant permission for a case to be dealt with under Division 12A of Part VII of the Act

[39]         Subrule 19.04 (7), definition of court event

substitute

court event does not include an attendance with a family counsellor, a family dispute resolution practitioner or a family consultant in a parenting case.

[40]         Subparagraphs 20.01 (2) (a) (iii) to (vii)

substitute

                         (iii)    an award made in arbitration and registered under section 13H of the Act;

                        (iv)    a maintenance agreement registered under subsection 86 (1) of the Act;

                         (v)    a maintenance agreement approved under section 87 of the Act;

                        (vi)    a financial agreement or termination agreement under Part VIIIA of the Act;

                        (vii)    an agreement varying or revoking an original agreement dealing with the maintenance of a child under section 66SA of the Act; or

                       (viii)    an overseas maintenance order or agreement that, under the Regulations, is enforceable in Australia;

[41]         Chapter 21, summary

substitute

Summary of Chapter 21

Chapter 21 sets out how a party may seek:

·   an order to enforce a parenting order;

·   an order that a person be punished for contravening an order, bond or sentence, or for contempt of court; or

·   an order to locate or recover children.

Before filing an application, a party should consider the result that the party wants to achieve. The remedies available from the court range from the enforcement of a bond or order to the punishment of a person for failure to comply with an order, bond or sentence. For example, the court may make an order that:

·   ensures the resumption of the arrangements set out in an earlier order;

·   compensates a person for time lost with a child;

·   compensates a person for expenses incurred in attempting to spend time with a child;

·   varies an existing order;

·   puts a person on notice that, if the person does not comply with an order, the person will be punished; or

·   punishes a person by way of a fine or imprisonment.

Contempt of court should be alleged only if the conduct complained of is serious enough to warrant such a serious charge, for example, if it is alleged that the contravention of an order involves a flagrant challenge to the court’s authority (see subsection 112AP (1) of the Act). A person found to be in contempt of the court may be imprisoned.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

[42]         Rule 21.01, note 3, subparagraph (a) (i)

omit

70NJ (6)

insert

70NFB (4)

[43]         Rule 21.01, note 3, subparagraph (a) (ii)

omit

70NO (2)

insert

70NFG (2)

[44]         Rule 21.02, Table 21.1, item 2

substitute

2

Contravention of an order (of a kind included in the definition of an order under this Act affecting children under section 70NB of the Act) under Division 13A of Part VII of the Act affecting children, for example, a breach of a parenting order

Application — Contravention (Form 18)

[45]         Rule 21.02, Table 21.1, example

substitute

Example for item 1 of Table 21.1

A party may use an Application in a Case (Form 2) if:

(a)   the party does not want the other party to a parenting order to be punished for a failure to comply with the order but wants to be compensated for time not spent with a child as a result of the failure to comply; or

(b)   before the time due to be spent with a child, the other party refuses to comply with the handover arrangements.

[46]         Subrule 21.02 (2), example

omit

paragraph 70NJ (1) (c)

insert

paragraph 70NFA (2) (b)

[47]         Rule 21.05, note

omit

counselling

insert

family counselling, family dispute resolution

[48]         Rule 21.08, note

substitute

Note   For the orders that may be made by the court, see sections 67X, 70NBA, 70NCB, 70NDB, 70NDC, 70NEB, 70NFB, 70NFF, 112AD, 112AH and 112AP of the Act.

[49]         Subrule 21.09 (1)

substitute

         (1)   The provider of a post‑separation parenting program required to inform the court of a matter under section 70NED of the Act must do so by notice in accordance with subrule (2).

[50]         Rule 21.10

omit

section 70NIA

insert

section 70NEG

[51]         Rule 21.11, note

substitute

Note   See sections 67J to 67W of the Act.

[52]         Schedule 1, Part 1, paragraph 1 (1) (a)

omit

mediation,

[53]         Schedule 1, Part 2, paragraph 1 (1) (a)

omit

mediation,

[54]         Schedule 2, Forms 1 to 2

substitute

[55]         Schedule 2, Form 3

substitute

[56]         Schedule 2, Form 4

substitute

[57]         Schedule 2, Forms 10 to 12

substitute

[58]         Schedule 2, Form 14

substitute

[59]         Schedule 2, Form 18

substitute

[60]         Schedule 2, Form 20

substitute

[61]         Dictionary, definition of abuse

omit

subsection 60D (1)

insert

subsection 4 (1)

[62]         Dictionary, definition of child representative

substitute

child‑related proceedings has the meaning given by subsection 4 (1) of the Act.

[63]         Dictionary, definition of contravened

omit

section 70NC

insert

subsection 4 (1)

[64]         Dictionary, definition of court event

omit

or mediation.

insert

or family dispute resolution.

[65]         Dictionary, after definition of expense

insert

family consultant has the meaning given by subsection 4 (1) of the Act.

family counselling has the meaning given by subsection 4 (1) of the Act.

family counsellor has the meaning given by subsection 4 (1) of the Act.

[66]         Dictionary, after definition of Family Court

insert

family dispute resolution has the meaning given by subsection 4 (1) of the Act.

family dispute resolution practitioner has the meaning given by subsection 4 (1) of the Act.

[67]         Dictionary, definition of family report

omit

subsection 55A (2), or section 62G or 65G, of the Act

insert

subsection 55A (2) or section 62G of the Act

[68]         Dictionary, definitions of family violence and family violence order

omit

section 60D

insert

subsection 4 (1)

[69]         Dictionary, definition of final resolution event, paragraph (b)

substitute

       (b)    for a parenting case — the final court event in the resolution phase.

[70]         Dictionary, after definition of financial case

insert

financial matters has the meaning given by subsection 4 (1) of the Act.

[71]         Dictionary, after definition of holding period

insert

independent children’s lawyer has the meaning given by subsection 4 (1) of the Act.

[72]         Dictionary, definition of lawyer, except the note

substitute

lawyer means a person who is enrolled as a legal practitioner of:

        (a)    a federal court; or

       (b)    the Supreme Court of a State or Territory.

[73]         Dictionary, definition of mediator

omit

[74]         Dictionary, before definition of parenting case

insert

overseas child order has the meaning given by subsection 4 (1) of the Act.

[75]         Dictionary, definition of post‑separation parenting program

omit

section 70NB

insert

subsection 4 (1)

[76]         Dictionary, definition of prescribed child welfare authority

omit

subsection 60D (1)

insert

subsection 4 (1)

[77]         Dictionary, definition of primary dispute resolution method

omit

[78]         Dictionary, definition of primary order

omit

section 70NB

insert

subsection 4 (1)

[79]         Dictionary, definition of recovery order

omit

section 67Q

insert

subsection 4 (1)

[80]         Dictionary, after definition of Registration Act

insert

Registry Manager has the meaning given by subsection 4 (1) of the Act.

[81]         Dictionary, definition of State child order

omit

section 70B

insert

subsection 4 (1)

[82]         Dictionary, definition of step‑parent

omit

subsection 60D (1)

insert

subsection 4 (1)

[83]         Further amendments

 

Provision

omit each mention of

insert

Subrule 1.05 (1)

primary dispute resolution

dispute resolution

Paragraph 1.06 (a)

primary dispute resolution

dispute resolution

Paragraph 4.08 (1) (d)

child representative;

independent children’s lawyer;

Paragraph 5.04 (4) (a)

a child representative;

an independent children’s lawyer;

Paragraph 5.08 (e)

primary dispute resolution

dispute resolution

Rule 6.12

child representative

independent children’s lawyer

Subrule 7.04 (3)

child representative.

independent children’s lawyer.

Subrule 7.04 (4), definition of each person to be served, paragraph (b)

child representative;

independent children’s lawyer;

Paragraph 13.08 (1) (a)

child representative;

independent children’s lawyer;

Paragraph 13.08 (1) (b)

child representative.

independent children’s lawyer.

Subrule 13.15 (1)

(except a child representative)

(except an independent children’s lawyer)

Subparagraph 13.15 (1) (a) (ii)

(including any child representative)

(including any independent children’s lawyer)

Subrule 13.15 (4), form of notice, paragraph (b)

(including any child representative)

(including any independent children’s lawyer)

Rule 13.32, definition of non‑party

or a child representative in,

or an independent children’s lawyer in,

Paragraph 15.03 (5) (a)

a child representative;

an independent children’s lawyer;

Subrule 15.21 (2)

A child representative

An independent children’s lawyer

Paragraph 15.28 (1) (b)

child representative

independent children’s lawyer

Paragraph 15.31 (2) (d)

child representative.

independent children’s lawyer.

Subrule 15.31 (3)

child representative’s

independent children’s lawyer’s

Subrule 15.39 (2)

child representative.

independent children’s lawyer.

Subrule 15.51 (2)

A child representative

An independent children’s lawyer

Rule 15.58

child representative

independent children’s lawyer

Subrule 16.06 (1)

child representative

independent children’s lawyer

Subrule 16.06 (2)

a child representative

an independent children’s lawyer

Subrule 16.07 (1)

a child representative

an independent children’s lawyer

Subrule 16.07 (2)

A child representative

An independent children’s lawyer

Subrule 18.06 (2), Table 18.5, item 9, column 3

a child representative

an independent children’s lawyer

Subrule 19.04 (4)

a child representative

an independent children’s lawyer

Subrule 19.04 (4)

the child representative

the independent children’s lawyer

Subrule 22.05 (2), definition of each person to be served

child representative

independent children’s lawyer

Rule 22.07

a child representative

an independent children’s lawyer

Subrule 22.17 (2)

A child representative

An independent children’s lawyer

Paragraph 22.26 (1) (c)

child representative —

independent children’s lawyer —

Rule 22.43, note 2

child representative

independent children’s lawyer

Paragraph 22.66 (1) (c)

a child representative

an independent children’s lawyer

Subparagraph 24.01 (1) (g) (iii)

child representative

independent children’s lawyer

Paragraph 24.13 (1) (b)

a child representative,

an independent children’s lawyer,

Schedule 1, Part 1, paragraph 1 (1) (a)

primary dispute resolution,

dispute resolution,

Schedule 1, Part 1, paragraph 3 (1) (b)

primary dispute resolution

dispute resolution

Schedule 1, Part 1, paragraph 3 (1) (c)

primary dispute resolution

dispute resolution

Schedule 1, Part 1, paragraph 3 (2) (a)

primary dispute resolution

dispute resolution

Schedule 1, Part 1, paragraph 3 (2) (b)

primary dispute resolution.

dispute resolution.

Schedule 1, Part 1, paragraph 3 (4) (a)

primary dispute resolution

dispute resolution

Schedule 1, Part 1, paragraph 3 (4) (b)

primary dispute resolution;

dispute resolution;

Schedule 1, Part 1, paragraph 3 (4) (c)

primary dispute resolution.

dispute resolution.

Schedule 1, Part 1, subparagraph 6 (1) (h) (i)

primary dispute resolution

dispute resolution

Schedule 1, Part 2, paragraph 1 (1) (a)

primary dispute resolution,

dispute resolution,

Schedule 1, Part 2, paragraph 3 (1) (b)

primary dispute resolution

dispute resolution

Schedule 1, Part 2, paragraph 3 (1) (c)

primary dispute resolution

dispute resolution

Schedule 1, Part 2, paragraph 3 (2) (a)

primary dispute resolution

dispute resolution

Schedule 1, Part 2, paragraph 3 (2) (b)

primary dispute resolution.

dispute resolution.

Schedule 1, Part 2, paragraph 3 (4) (a)

primary dispute resolution

dispute resolution

Schedule 1, Part 2, paragraph 3 (4) (b)

primary dispute resolution;

dispute resolution;

Schedule 1, Part 2, paragraph 3 (4) (c)

primary dispute resolution.

dispute resolution.

Schedule 1, Part 2, subparagraph 6 (1) (h) (i)

primary dispute resolution

dispute resolution

 

 


 

Schedule 3        Amendments commencing on commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law) Act 2006

(rule 3)

  

[1]           After paragraph 22.01 (1) (b)

insert

              (ba)    an appeal to the Family Court from an order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia (whether heard by the Full Court or a single Judge);

[2]           Part 22.2, note after the heading, paragraph (a)

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        of a Family Court or the Federal Magistrates Court

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        of a Family Court, the Federal Magistrates Court or the Magistrate’s Court of Western Australia constituted by a Family Law Magistrate of Western Australia

[3]           Paragraph 22.02 (a)

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for an appeal from a court of summary jurisdiction —

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for an appeal from a court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia —

[4]           Rule 22.10

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22.10      Documents filed in a current appeal

                If an appeal has been started, a document filed in the appeal must be filed as follows:

                (a)    for an appeal to the Full Court or from the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia — in the Regional Appeal Registry;

               (b)    for an appeal from a court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia — in the Appeal Registry.

[5]           Paragraph 22.13 (b)

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Federal Magistrates Court,

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Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,

[6]           Rule 22.13, note

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           Federal Magistrates Court,

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Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,

[7]           Part 22.4, heading

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Part 22.4            Appeal from Federal Magistrates Court or Magistrates Court of Western Australia heard by single Judge

[8]           Rule 22.27

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Federal Magistrates Court

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or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia

[9]           Rule 22.27, note

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           Federal Magistrates Court,

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Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,

[10]         Subparagraphs 22.32 (3) (b) (iii), (v), (vii) and (viii)

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Federal

[11]         Rule 22.33

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Federal Magistrate’s Court

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court appealed from

[12]         Part 22.5, heading

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Part 22.5            Appeal from court of summary jurisdiction other than Magistrates Court of Western Australia constituted by Family Law Magistrate of Western Australia

[13]         Rule 22.35

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court of summary jurisdiction.

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court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

[14]         Division 22.7.2, note after the heading, paragraph (a)

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a Family Court or the Federal Magistrates Court

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a Family Court, the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia

[15]         Division 22.7.2, note after the heading, paragraph (b)

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the Federal Magistrates Court or a court of summary jurisdiction

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the Federal Magistrates Court, the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia or a court of summary jurisdiction

[16]         Dictionary, definition of appeal, paragraph (a)

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a Family Court or the Federal Magistrates Court:

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a Family Court, the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia:


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.