Family Law Rules 2004

No longer in force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Family Law Act 1975

Superseded version

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F2003B00392

19 December 2003 - 28 March 2004

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1.01 Name of Rules
1.02 Commencement
1.03 Rules in Chapter 1 prevail
1.04 Main purpose of Rules
1.05 Pre-action procedure
1.06 Promoting the main purpose
1.07 Achieving the main purpose
1.08 Responsibility of parties and lawyers in achieving the main purpose
1.09 Procedural orders in cases of doubt or difficulty
1.10 Court may make orders
1.11 Court may set aside or vary order
1.12 Court may dispense with Rules
1.13 Judicial officer hearing application
1.14 Shortening or extension of time
1.15 Time for compliance
1.16 Definitions — the dictionary
1.17 Notes, examples etc
1.18 Sittings
1.19 Permission to record court event
1.20 Publishing lists of cases
1.21 Calculating time
2.01 Which application to file
2.02 Documents to be filed with applications
2.03 Preparation and distribution of brochures
2.04 Notice of Child Abuse or Risk of Abuse (Act s 67Z)
2.05 Family violence order
2.06 Notification of proceeds of crime order or forfeiture application (Act ss 79B and 90M)
2.07 Proceeds of crime
3.01 Fixing of hearing date
3.02 Amendment of Form 3
3.03 Discontinuance of Form 3
3.04 Response
3.05 Objection to jurisdiction
3.06 Response out of time
3.07 Affidavit to reply to information in Form 3
3.08 Attendance at hearing
3.09 Seeking a hearing in absence of parties
3.10 Hearing in absence of parties — joint application
3.11 Request not to hear case in parties’ absence
3.12 Application for rescission of divorce order
3.13 Death of party
4.01 Contents of Application for Final Orders (Form 1)
4.02 Filing affidavits
4.03 First court date
4.04 General provisions still apply
4.05 Application by Attorney-General for transfer of case
4.06 Cross-vesting matters
4.07 Transfer of case
4.08 Application for medical procedure
4.09 Evidence supporting application
4.10 Service of application
4.11 Fixing of hearing date
4.12 Procedure on first court date
4.13 Information to respondent
4.14 Procedure on first court date
4.15 Evidence to be provided
4.16 Application for step-parent to maintain
4.17 Maintenance orders
4.18 Application of Division 4.2.5
4.19 Documents to be filed with applications and appeals
4.20 Application under Assessment Act s 95 (6)
4.21 Time limits for appeals and applications under Assessment Act
4.22 Time limit for appeal under Registration Act s 88
4.23 Service of application or appeal
4.24 Service by Child Support Registrar
4.25 Procedure on first court date
4.26 Evidence to be provided
4.27 Application of Division 4.2.6
4.28 Fixing hearing date
4.29 Affidavit to be filed with application
4.30 Application relating to passport
4.31 Fixing of hearing date
5.01 Applications in a case
5.02 Evidence in applications in a case
5.03 Procedure before filing
5.04 Restrictions in relation to applications
5.05 Fixing a date for hearing or case assessment conference
5.06 Attendance by electronic communication
5.07 Attendance of party or witness in prison
5.08 Interim orders — matters to be considered
5.09 Admissibility of affidavit
5.10 Hearing time of interim or procedural application
5.11 Party’s failure to attend
5.12 Application without notice
5.13 Necessary procedural orders
5.14 Request for hearing in absence of parties
5.15 Objection to hearing in absence of parties
5.16 Court decision to not proceed in absence of parties
5.17 Procedure in hearing in absence of parties
5.18 Administrative postponement of interim hearing
6.01 Parties
6.02 Necessary parties
6.03 Adding a party
6.04 Removing a party
6.05 Intervention by a person seeking to become a party
6.06 Intervention by a person entitled to intervene
6.07 Notice of constitutional matter
6.08 Conducting a case by case guardian
6.09 Who may be a case guardian
6.10 Appointment, replacement or removal of case guardian
6.11 Attorney-General may appoint case guardian
6.12 Notice of becoming case guardian
6.13 Conduct of case by case guardian
6.14 Costs of case guardian
6.15 Death of party
6.16 Bankruptcy of party
7.01 Service
7.02 Court’s discretion regarding service
7.03 Service of documents
7.04 Service of filed documents
7.05 Special service
7.06 Special service by hand
7.07 Special service by post or electronic communication
7.08 Special service through a lawyer
7.09 Special service on person with a disability
7.10 Special service on a prisoner
7.11 Special service on a corporation
7.12 Ordinary service
7.13 Proof of service
7.14 Proof of special service
7.15 Evidence of identity
7.16 Service by electronic communication
7.17 When service is taken to have been carried out
7.18 Service with conditions or dispensing with service
7.19 Service in non-convention country
7.20 Proof of service in non-convention country
8.01 Right to be heard and representation
8.02 Child representative
8.03 Lawyer — conflicting interests
8.04 Lawyer — ceasing to act
8.05 Address for service
8.06 Change of address for service
9.01 Response to Form 1 (Form 1A)
9.02 Filing an affidavit with Form 1A
9.03 Response objecting to jurisdiction
9.04 Reply to Form 1A (Form 1B)
9.05 Response to Form 2 (Form 2A)
9.06 Affidavit to be filed with Form 2A
9.07 Affidavit in reply to Form 2A
9.08 Time for filing and service of response or reply
10.01 How to make an offer
10.02 Open and ‘without prejudice’ offer
10.03 How to withdraw an offer
10.04 How to accept an offer
10.05 Counter-offer
10.06 Compulsory offer to settle
10.07 Withdrawal of offer
10.10 Definition
10.11 Discontinuing a case
10.12 Application for summary orders
10.13 Application for separate decision
10.14 What the court may order under this Part
10.15 How to apply for a consent order
10.16 Order for superannuation interest
10.17 Dealing with a consent order
10.18 Lapsing of respondent’s consent
11.01 General powers
11.02 Failure to comply with a legislative provision or order
11.03 Relief from orders
11.04 Frivolous or vexatious case
11.05 Application for permission to start a case
11.06 Dismissal for want of prosecution
11.07 Request to admit
11.08 Notice disputing fact or document
11.09 Withdrawing admission
11.10 Amendment by a party or court order
11.11 Time limit for amendment
11.12 Amending a document
11.13 Response to amended document
11.14 Disallowance of amendment
11.15 Small claims
11.16 Cases in chambers
11.17 Application of Division 11.3.2
11.18 Transfer to another court or registry
11.19 Factors to be considered for transfer
11.20 Transfer between courts
12.01 Application of Chapter 12
12.02 Property case — exchange of documents before first court date
12.03 Case assessment conference
12.04 Procedural hearing
12.05 Property case — exchange of documents before conciliation conference
12.06 Conduct of a conciliation conference
12.07 Trial notice
12.08 Compliance certificate
12.09 Non-compliance
12.10 Conduct of pre-trial conference
12.11 Party’s attendance
12.12 Request to attend by electronic communication
12.13 Failure to attend court events
12.14 Administrative postponement of conferences or procedural hearings
12.15 Adjournment of case conference
12.16 Adjournment or postponement of pre-trial conference
13.01 General duty of disclosure
13.02 Purpose of Division 13.1.2
13.03 Definition
13.04 Full and frank disclosure
13.05 Financial statement (Form 13)
13.06 Amendment of Financial Statement (Form 13)
13.07 Duty of disclosure — documents
13.08 Inspection of documents
13.09 Production of original documents
13.10 Disclosure by inspection of documents
13.11 Costs for inspection
13.12 Documents that need not be produced
13.13 Objection to production
13.14 Consequence of non-disclosure
13.15 Undertaking by party
13.16 Time for filing undertaking
13.17 Application of Division 13.2.2
13.18 Party may seek order about disclosure
13.19 Application of Division 13.2.3
13.20 Disclosure by service of a list of documents
13.21 Disclosure by inspection of documents
13.22 Application for order for disclosure
13.23 Costs of compliance
13.24 Electronic disclosure
13.25 Application of Part 13.3
13.26 Service of specific questions
13.27 Answering specific questions
13.28 Orders in relation to specific questions
13.29 Purpose of Division 13.4.1
13.30 Employment information
13.31 Purpose of Division 13.4.2
13.32 Definitions
13.33 Notice of Non-party Production of Documents
13.34 Service on others affected by Notice
13.35 Compliance with Form 12
13.36 Production of documents
13.37 Copying produced documents
13.38 Costs of production
13.39 Objection to production
13.40 Stay of Form 12
13.41 Court’s decision about Form 12
13.42 Orders about non-party disclosure
14.01 Orders about property
14.02 Service of application
14.03 Inspection
14.04 Application for Anton Piller order
14.05 Application for Mareva order
14.06 Service of application or order for superannuation interest
15.01 Restriction on child’s evidence
15.02 Interviewing a child
15.03 Family reports
15.04 Family reports in certain consent cases
15.05 Evidence in chief by affidavit
15.06 Reliance on affidavits
15.07 Filing an affidavit
15.08 Form of affidavit
15.09 Making an affidavit
15.10 Affidavit of illiterate or blind person etc
15.11 Affidavit outside Australia
15.12 Documents attached
15.13 Striking out objectionable material
15.14 Notice to attend for cross-examination
15.15 Deponent’s attendance and expenses
15.16 Interpretation
15.17 Issuing a subpoena (Form 14)
15.18 Subpoena not to issue in certain circumstances
15.19 Time for issuing a subpoena
15.20 Amendment of subpoena
15.21 Limit on number of subpoenas
15.22 Service
15.23 Conduct money and witness fees
15.24 When compliance is not required
15.25 Discharge of subpoena obligation
15.26 Objection to subpoena
15.27 Application of Division 15.3.2
15.28 Service of subpoena for production
15.29 Compliance with subpoena
15.30 Right to inspect and copy
15.31 Objection to inspection or copying of document
15.32 Court permission to inspect documents
15.33 Claim for privilege
15.34 Production of document from another court
15.35 Return of documents produced
15.36 Non-compliance with subpoena
15.37 Application of Part 15.4
15.38 Appointing an assessor
15.39 Assessor’s report
15.40 Remuneration of assessor
15.41 Application of Part 15.5
15.42 Purpose of Part 15.5
15.43 Definitions
15.44 Appointment of single expert witness by parties
15.45 Order for single expert witness
15.46 Orders the court may make
15.47 Single expert witness’s fees and expenses
15.48 Single expert witness’s report
15.49 Appointing another expert witness
15.50 Cross-examination of single expert witness
15.51 Permission for expert’s reports and evidence
15.52 Application for permission for expert witness
15.53 Application of Division 15.5.4
15.54 Instructions to expert witness
15.55 Mandatory disclosure of expert’s report
15.56 Provision of information about fees
15.57 Application for provision of information
15.58 Failure to disclose report
15.59 Expert witness’s duty to the court
15.60 Expert witness’s right to seek orders
15.61 Expert witness’s evidence in chief
15.62 Form of expert’s report
15.63 Contents of expert’s report
15.64 Consequences of non-compliance
15.65 Questions to single expert witness
15.66 Single expert witness’s answers
15.67 Single expert witness’s costs for answers
15.68 Application of Division 15.5.7
15.69 Conference of expert witnesses
15.70 Conduct of trial with expert witnesses
15.71 Court may call evidence
15.72 Order for examination of witness
15.73 Letters of request
15.74 Hearsay evidence — notice under section 67 of the Evidence Act 1995
15.75 Transcript receivable in evidence
15.76 Notice to produce
16.01 Expedited trial
16.02 Trial information
16.03 Notice in relation to evidence
16.04 Conduct of trial — general
16.05 Trial management
16.06 Sequence of evidence
16.07 Opening and closing address
16.08 Attendance, submissions and evidence by electronic communication
16.09 Foreign evidence by electronic communication
16.10 Exhibits
16.11 Party’s failure to attend
16.12 Vacating trial date
17.01 When an order is made
17.02 Errors in orders
17.03 Rate of interest
17.04 Order for payment of money
17.05 Order for payment of fine
18.01 Exercise of powers and functions
18.02 Delegation of powers to Judicial Registrars
18.03 Property value exceeding limit — power to determine case
18.04 Application of Division 18.1.3
18.05 Registrars
18.06 Deputy Registrars
18.07 Application of Part 18.2
18.08 Review of order
18.09 Stay
18.10 Power of court on review
19.01 Application of Chapter 19
19.02 Interest on outstanding costs
19.03 Duty to inform about costs
19.04 Notification of costs
19.05 Application for security for costs
19.06 Order for security for costs
19.07 Finalising security
19.08 Order for costs
19.09 Costs order for cases in other courts
19.10 Costs orders against lawyers
19.11 Notice of costs order
19.12 Costs not to be charged
19.13 Steps before costs recovery
19.14 Costs agreements
19.15 Notice about costs agreement
19.16 Validity and effect of costs agreement
19.17 Setting aside costs agreement
19.18 Lawyer and client costs
19.19 Party and party costs
19.20 Request for itemised costs account
19.21 Service of lawyer’s itemised costs account
19.22 Lawyer’s itemised costs account
19.23 Disputing itemised costs account
19.24 Assessment of disputed costs
19.25 Amendment of itemised costs account and Form 15
19.26 Fixing of date for assessment
19.27 Notification of hearing
19.28 Settlement conference
19.29 Preliminary assessment
19.30 Objection to preliminary assessment amount
19.31 If no objection to preliminary assessment
19.32 Assessment hearing
19.33 Powers of Registrars
19.34 Assessment principles
19.35 Allowance for matters not specified
19.36 Neglect or delay before Registrar
19.37 Costs assessment order — costs account not disputed
19.38 Setting aside a costs assessment order
19.39 Application of Part 19.7
19.40 Costs in court of summary jurisdiction
19.41 Charge for each page
19.42 Proportion of costs
19.43 Costs for reading
19.44 Postage within Australia
19.45 Waiting and travelling time
19.46 Agent’s fees
19.47 Expenses for attendance by witness
19.48 Expenses payable to expert witness
19.49 Costs of cases not started together
19.50 Certificate as to counsel
19.51 Lawyer as counsel — party and party costs
19.52 Lawyer as counsel — assessment of fees
19.53 Lawyer as counsel — lawyer and client costs
19.54 Application for review
19.55 Time for filing an application for review
19.56 Hearing of application
20.01 Enforceable obligations
20.02 When an agreement may be enforced
20.03 When a child support liability may be enforced
20.04 Who may enforce an obligation
20.05 Enforcing an obligation to pay money
20.06 Affidavit to be filed with application for enforcement order
20.07 General enforcement powers of court
20.08 Enforcement order
20.09 Discharging, suspending or varying enforcement order
20.10 Processes for obtaining financial information
20.11 Enforcement hearing
20.12 Obligations of payer
20.13 Subpoena of witness
20.14 Failure concerning Financial Statement (Form 13) or enforcement hearing
20.15 Definitions
20.16 Request for Enforcement Warrant (Form 16)
20.17 Validity and renewal of Enforcement Warrant
20.18 Enforcement officer’s responsibilities
20.19 Directions for enforcement
20.20 Effect of Enforcement Warrant
20.21 Advertising before sale
20.22 Result of sale notice
20.23 Payee’s responsibilities
20.24 Orders for real property
20.25 Notice of claim
20.26 Payee to admit or dispute claim
20.27 Admitting claim
20.28 Denial or no response to claim
20.29 Hearing of application
20.30 Application of Part 20.4
20.31 Money deposited in a financial institution
20.32 Request for Third Party Debt Notice (Form 17)
20.33 Service of Third Party Debt Notice (Form 17)
20.34 Effect of Third Party Debt Notice — general
20.35 Employer’s obligations
20.36 Duration of Third Party Debt Notice
20.37 Response to Third Party Debt Notice
20.38 Discharge of Third Party Debt Notice
20.39 Claim by affected person
20.40 Cessation of employment
20.41 Compliance with Third Party Debt Notice
20.42 Application for sequestration of property
20.43 Order for sequestration
20.44 Order relating to sequestration
20.45 Procedural orders for sequestration
20.46 Application for appointment of receiver
20.47 Appointment and powers of receiver
20.48 Security
20.49 Accounts
20.50 Objection to accounts
20.51 Removal of receiver
20.52 Compliance with orders and Rules
20.53 Application for other enforcement orders
20.54 Warrant for possession of real property
20.55 Warrant for delivery
20.56 Warrant for seizure and detention of property
20.57 Service of order
20.58 Certificate for payments under maintenance order
20.59 Enforcement by or against a non-party
21.01 Application of Part 21.1
21.02 How to apply for an order
21.03 Application made or continued by Marshal
21.04 Contempt in the court room
21.05 Fixing of hearing date
21.06 Response to an application
21.07 Failure of respondent to attend
21.08 Procedure at hearing
21.09 Duties of program provider
21.10 Relisting for hearing
21.11 Application of Part 21.3
21.12 Application for order under Part 21.3
21.13 Fixing of hearing date
21.14 Service of recovery order
21.15 Application for directions for execution of recovery order
21.16 Application for warrant
21.17 Execution of warrant
21.18 Duration of warrant
21.19 Procedure after arrest
21.20 Application for release or setting aside warrant
22.01 Application of Chapter 22
22.02 Starting an appeal
22.03 Time for appeal
22.04 Parties to appeal
22.05 Service
22.06 Notice about appeal to other courts
22.07 Cross-appeal
22.08 Time for cross-appeal
22.09 Amendment of Notice of Appeal (Form 20)
22.10 Documents filed in a current appeal
22.11 Exhibits
22.12 Stay
22.13 Application of Part 22.3
22.14 Pre-argument statement
22.15 Fixing of first court date
22.16 Filing draft index to appeal books
22.17 Attendance on first court date
22.18 Procedure on first court date
22.19 Settlement conference
22.20 Procedural hearing
22.21 Appeal books
22.22 Form of appeal books
22.23 Transcript of hearing
22.24 Preparation of appeal books
22.25 Fixing a date for appeal
22.26 Summary of argument and list of authorities
22.27 Application of Part 22.4
22.28 Notice of Appeal Registry and referral to Judge
22.29 Fixing of date for procedural hearing
22.30 Attendance at procedural hearing
22.31 Procedural orders for conduct of appeal
22.32 Documents for appeal hearing
22.33 Transmission of papers
22.34 Date fixed for appeal hearing
22.35 Application of Part 22.5
22.36 Fixing of hearing date
22.37 Transmission of papers
22.38 Non-attendance by party
22.39 Attendance by electronic communication
22.40 Attendance of party in prison
22.41 Short reasons for decision
22.42 Application of Part 22.7
22.43 Application in relation to appeal
22.44 Hearing date for application
22.45 Decision without an oral hearing
22.46 Time for filing application for permission to appeal
22.47 Notice to others of appeal
22.48 Orders about conduct of application
22.49 Security for costs
22.50 Expediting an appeal
22.51 Further evidence on appeal
22.52 Review of Appeal Registrar’s order
22.53 Consent orders on appeal
22.54 Discontinuance of appeal
22.55 Dismissal of appeal
22.56 Abandoning an appeal
22.57 Application for reinstatement of appeal
22.58 Dismissal of appeal for non-compliance or delay
22.59 Application for certificate to appeal to High Court of Australia
22.60 Application of Part 22.10
22.61 Case stated
22.62 Objection to draft case stated
22.63 Settlement and signing
22.64 Filing of copies of case stated
22.65 Fixing of hearing date
22.66 Summary of argument and list of authorities
23.01 Registration of agreements
23.02 Registration of debt due to the Commonwealth under child support legislation
23.03 Requirements for registration of an agreement revoking a registered parenting plan
23.04 Court may require service or additional information
23.05 Application may be dealt with in chambers
24.01 General requirements
24.02 Corporation as a party
24.03 Change of name of party
24.04 Compliance with forms
24.05 How a document is filed
24.06 Filing a document by facsimile
24.07 Filing by e-mail and Internet
24.08 Additional copies for filing
24.09 Documents filed during a case
24.10 Refusal to accept document for filing
24.11 Filing a notice of payment into court
24.12 Removal of document from registry
24.13 Searching court record and copying documents
25.01 Application of Chapter 25
25.02 Application of Corporations Rules
25.03 Modification of Corporations Rules
25.04 Application under Corporations Act 2001
25.05 Transfer of case under Corporations Act 2001
25.06 Fixing a date for hearing
- Schedule 1 Pre-action procedures
- Part 1 Financial cases (property settlement and maintenance)
- Part 2 Parenting cases
- Schedule 2 Forms
- Schedule 3 Itemised scale of costs
- Part 1 Fees for lawyer’s work done
- Part 2 Fees for counsel’s work done
- Part 3 Basic composite amount for undefended divorce
- Part 4 Basic composite amount for application for Enforcement Warrant or Third Party Debt Notice
- Schedule 4 Conduct money and witness fees
- Part 1 Conduct money
- Part 2 Witness fees
- Schedule 5 Experts’ Conferences — Guidelines for expert witnesses and those instructing them in cases in the Family Court of Australia
- Part 1 Introduction
- Part 2 Experts’ conference
- Dictionary

Family Law Rules 2004

Legislation text