Family Law Amendment Rules 2010 (No. 1)1
Select Legislative Instrument 2010 No. 238
We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.
Dated 22 July 2010
D. BRYANT CJ
J. FAULKS DCJ
J. BARRY J
N. MUSHIN J
C. DAWE J
R. K. BURR J
D. COLLIER J
S. STRICKLAND J
J. STEVENSON J
E. O’REILLY J
G. A .WATTS J
J. RYAN J
P. CRONIN J
P. MURPHY J
S. FOWLER J
S. AUSTIN J.
M. CLEARY J
A. AINSLIE-WALLACE J
W. JOHNSTON J
I. LOUGHNAN J
Judges of the Family Court
of Australia
A. M. FILIPPELLO
Principal Registrar
Family Court of Australia
C. MARTIN J
J. CRISFORD J
S. CROOKS J
S. MONCREIF J
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 2010 (No. 1).
2 Commencement
These Rules commence on 1 August 2010.
3 Amendment of Family Law Rules 2004
Schedule 1 amends the Family Law Rules 2004.
Schedule 1 Amendments
(rule 3)
[1] Table 2.2, items 1 and 2
omit
[2] Table 2.2, item 2B, paragraph (a)
omit
items 2
insert
items 2A
[3] Table 2.2, item 2B, paragraph (b)
substitute
|
| (b) to satisfy the court for section 90SB of the Act that the relationship is or was registered under a prescribed law — the certificate of registration; and |
[4] Table 2.2, item 3
substitute
3 | Initiating Application (Family Law), or Response to Initiating Application (Family Law), in which financial orders are sought, for example, property settlement, maintenance, child support | a completed Financial Statement (see rule 13.05) |
[5] Table 2.2, items 5 to 8
substitute
5 | Initiating Application (Family Law) or Response to an Initiating Application (Family Law) relying on a cross‑vesting law, or seeking an order under Part 4.2: for a medical procedure; for step‑parent maintenance, if there is consent; for nullity of marriage; for a declaration as to validity of a marriage or divorce or annulment; or relating to a passport | an affidavit (see section 66M of the Act and rules 4.06, 4.09, 4.29 and 4.30) |
6 | Initiating Application (Family Law) or Response to an Initiating Application (Family Law) in which a child support application or appeal is made | the documents mentioned in rule 4.18 for the application
|
7 | Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar) | an affidavit (see rules 5.02 and 9.02)
|
[6] Table 2.2, item 9, paragraph (a)
substitute
|
| (a) if the orders sought are for a de facto relationship — one of the documents mentioned in this column in item 2B; |
[7] Subrules 2.02 (2) and (3)
omit
[8] Paragraph 7.04 (2) (c)
omit
[9] Paragraphs 7.04 (2) (d), (e) and (f)
reletter as paragraphs (c), (d) and (e)
[10] Rule 10.15A, heading
substitute
10.15A Consent parenting orders and allegations of abuse or family violence
[11] Paragraph 10.15A (2) (a)
after
(abuse)
insert
or family violence
[12] Paragraphs 10.15A (2) (b) and (3) (a) and (b)
after
abuse
insert
or family violence
[13] Table 11.1, item 2, paragraph (g)
omit
particulars of the reasons why
insert
the basis on which
[14] Subrule 13.01 (1)
omit
Each
substitute
Subject to subrule (3), each
[15] After subrule 13.01 (2), including the note
insert
(3) This rule does not apply to a respondent in an application alleging contravention or contempt.
[16] Rule 15.03
omit
[17] Subparagraph 15.29 (1) (b) (ii)
substitute
(ii) producing copies of the documents attached to an affidavit.
[18] Subrule 15.29 (2)
omit
The
substitute
For subparagraph (1) (b) (ii), the
[19] Paragraph 15.29 (2) (c)
substitute
(c) verify the attached copies as accurate copies of the original documents mentioned in the subpoena; and
[20] After subrule 15.29 (3)
insert
(4) In this rule:
copy includes:
(a) a photocopy; or
(b) a PDF copy on a CD-ROM.
[21] Rule 15.36H
substitute
15.36H Service of subpoena
A subpoena must be served in accordance with section 10 of the Evidence and Procedure Act and accompanied by an information sheet in a form approved by the Principal Registrar.
Note 1 Subsection 10 (3) of the Evidence and Procedure Act requires the subpoena to be accompanied by a copy of the order giving leave for service and a notice in the form set out in Schedule 2 to the Evidence and Procedure (New Zealand) Regulations 1995.
Note 2 Section 11 of the Evidence and Procedure Act requires payment for the reasonable expenses of complying with the subpoena to be paid or tendered at the time of service.
[22] Rule 15.47, note 1
omit
Note 1
insert
Note
[23] Rule 15.47, note 2
omit
[24] Subrule 15.54 (3)
substitute
(3) The parties to the agreement must give to the expert a statement of facts, agreed to by the parties to the agreement, on which to base the report.
(4) However, if the parties to the agreement do not agree on a statement of facts:
(a) unless the court directs otherwise — each of the parties to the agreement must give to the expert a statement of facts on which to base the report; and
(b) the court may give directions about the form and content of the statement of facts to be given to the expert.
[25] Subrule 15.60 (1)
omit
A
insert
Before final orders are made, a
[26] Rule 17.03
substitute
The prescribed rate at which interest is payable under paragraphs 87 (11) (b) and 90KA (b) and subsection 117B (1) of the Act is:
(a) in respect of the period from 1 January to 30 June in any year — the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced; and
(b) in respect of the period from 1 July to 31 December in any year — the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.
Note For the date from which interest is payable, see paragraphs 87 (11) (b) and 90KA (b) and subsection 117B (1) of the Act.
[27] Tables 18.1 and 18.2, column 3
omit
[28] Table 18.2, item 1
omit
[29] Table 18.2, item 1A
renumber as item 1
[30] Table 18.2, item 3
after
section 65D
insert
(except an excluded order)
[31] Tables 18.3 and 18.4, column 3
omit
[32] Table 18.4, item 9
after
paragraph (f)
insert
and subject to subsection 37A (6)
[33] Table 18.4, item 11
omit
section 45
insert
subsection 45 (2)
[34] Table 18.4, item 12
after
section 48
insert
(if the case is undefended)
[35] Table 18.4, items 16 to 16C
substitute
16 | subsection 60I (9) |
16A | subsection 60I (10) |
16B | subsection 60J (1) |
16C | paragraphs 60K (2) (a), (b) and (c) (procedural orders only) |
[36] Table 18.4, items 28 and 29
omit
[37] Table 18.5, column 3
omit
[38] Table 18.5, items 19A, 34 and 35
omit
[39] Table 18.5, item 37
substitute
Chapter 24 (except rule 24.13)
[40] Subrule 22.13 (2)
substitute
(2) The appellant must file a draft index to the appeal book within:
(a) 28 days after:
(i) filing the Notice of Appeal; or
(ii) the date when the reasons for judgment that relate to the order the subject of the appeal are issued (being the date of the certificate of the Associate to the Judicial Officer that appears on the published reasons for judgment); or
(b) if the court extends the period mentioned in paragraph (a) — the period ordered by the court.
[41] Subrule 22.18 (1)
after
preparing
insert
and filing
[42] Subrule 22.18 (2)
after
prepare
insert
and file
[43] Subparagraph 24.05 (1) (a) (iii)
omit
Internet); and
substitute
Internet);
[44] Paragraph 24.05 (1) (b)
omit
waived.
insert
waived; and
[45] After paragraph 24.05 (1) (b), before the note
insert
(c) the document is accepted in the Registry and is stamped.
[46] Schedule 3
Item | omit | insert |
101 | $16.50 | $17.00 |
102 | $5.65 | $5.80 |
103 | $18.90 | $19.50 |
104 | $7.70 | $7.95 |
105 | $3.05 | $3.15 |
107 | 50 cents | 67 cents |
108 | $192.90 | $199.10 |
109 | $125.10 | $129.10 |
201 | $371–$636 | $382.90–$656.35 |
201 | $221.55–$315.90 | $228.60–$326 |
202 | $371–$636 | $382.90–$656.35 |
202 | $221.55–$315.90 | $228.60–$326 |
203 | $371–$2 650 | $382.90–$2 734.80 |
203 | $198.20–$928.55 | $204.50–$958.25 |
204 | $689–$5 300 | $711.05–$5 470 |
204 | $677.35–$1 565.60 | $699.00–$1 615.70 |
205 | $1 749–$5 300 | $1 805.00–$5 470 |
205 | $1 565.60–$2 301.25 | $1 615.70–$2 374.90 |
206 | $371–$636 | $382.90–$656.35 |
206 | $221.55–$315.90 | $228.65–$326 |
301 | $840.60 | $866.90 |
302 | $625.40 | $645 |
303 | $788.65 | $813.90 |
304 | $590.40 | $609 |
305, 401 and 402 | $507.75 | $524 |
[47] Dictionary, definition of family report
omit
Act (see rule 15.03).
insert
Act.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.