Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Download] [Help]

FEDERAL CIRCUIT COURT RULES 2001 - SCHEDULE 3

Family Law Rules and Federal Court Rules applied

Note:       See rule 1.05.

Part 1 -- Family Law Rules

   

 

Family Law Rules

Item

Provision

1

rules 1.19 and 1.20

2

Part 2.2

4

rules 4.08 to 4.10

5

rule 6.15

6

Part 6.5

7

rule 16.10

8

Part 21.2

9

Part 23.1

10

rule 24.11

Part 2 -- Federal Court Rules

   

 

Federal Court Rules

Item

Provision

1

rules 1.41 and 1.42

2

rules 2.41 to 2.43

3

rules 5.22 to 5.24

3A

rule 6.11

3B

Division 7.3

4

rules 10.41 to 10.52

5

Division 10.6

5A

rule 12.01

6

rule 15.10

7

rule 16.01

8

paragraphs 16.02(1)(a), (b) and (d)

9

subrules 16.02(3) and (5)

10

rules 16.03 to 16.12

11

rule 16.21

12

rules 16.31 to 16.33

13

rules 16.41 to 16.45

14

rule 25.01 to 25.06

15

rules 25.10 to 25.12

16

rule 25.14

17

rule 30.29 to 30.33

18

Division 34.3

19

rules 39.01 to 39.03

20

rule 39.06

21

rule 39.11

22

rule 39.21

23

Division 42.3

Dictionary  

(rule 1.04)

   

"AAT Act" means the Administrative Appeals Tribunal Act 1975 .

"Act" means the Federal Circuit Court of Australia Act 1999 .

"address for service" , for a party means the address for service given by the party in accordance with rule 6.01.

"AD(JR) Act" means the Administrative Decisions (Judicial Review) Act 1977 .

"answers to specific questions" includes interrogatories.

"application in a case" means an application that is made in a proceeding which has already been started under these Rules and that is an application for:

                     (a)  an interim order; or

                     (b)  a procedural order; or

                     (c)  an ancillary order; or

                     (d)  an interlocutory order; or

                     (e)  any other incidental order relating to an application or order.

"appropriate registry" , for a proceeding, means the registry in which the application starting the proceeding is filed or, if the proceeding is transferred to another registry, that registry.

"approved form" , for a provision of these Rules, means a form approved by the Chief Judge under subrule 2.04(1A) for the provision.

"Assessment Act" means the Child Support (Assessment) Act 1989 .

"authenticate" , in relation to an order of the Court, means to sign and seal the order.

"authorised Registrar" , in relation to a provision of these Rules, means a Registrar authorised in writing by the Chief Executive Officer to exercise the powers or perform the functions of an authorised Registrar under that provision.

"Child Support Agency" means the part of the Department of Family and Community Services known by that name that administers the Assessment Act and the Registration Act.

"child support agreement" has the meaning given by section 81 of the Assessment Act.

"child support proceeding" :

                     (a)  means a proceeding under the Assessment Act or the Registration Act; and

                     (b)  for the purposes of Part 25A, includes an appeal under section 44AAA of the AAT Act (which provides for appeals from certain child support first review proceedings).

"Child Support Registrar" means the Child Support Registrar under section 10 of the Registration Act.

"Civil Dispute Resolution Act" means the Civil Dispute Resolution Act 2011 .

"corporation" includes any artificial person other than an organisation.

"Court" means the Federal Circuit Court of Australia.

de facto partner has the meaning given by the Acts Interpretation Act 1901 .

"discontinuance" , in relation to a proceeding, includes withdrawal from the proceeding.

"discovery" means an obligation to disclose.

"electronic communication" means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, including an email or an email attachment.

"eligible carer" has the meaning given by section 7B of the Assessment Act.

"enter" , in relation to an order, means to take out or authenticate the order.

"Fair Work Commission" has the meaning given by section 12 of the Fair Work Act 2009 .

"Family Law Act" means the Family Law Act 1975 .

"family law proceeding" means a proceeding under the Family Law Act.

" Family Law Regulations" means the Family Law Regulations 1984 made under the Family Law Act.

"Family Law Rules" means the Family Law Rules 2004 made under the Family Law Act, as amended from time to time.

"family violence order" has the same meaning as in the Family Law Act.

"Federal Court Rules" means the Federal Court Rules 2011 made under the Federal Court of Australia Act 1976 , as amended from time to time.

"financial matter" includes a proceeding under section 79, 79A or 90SM of the Family Law Act.

"general federal law proceeding" means a proceeding other than a family law or child support proceeding.

"genuine steps statement" has the meaning given by section 5 of the Civil Dispute Resolution Act.

"Human Rights Act" means the Australian Human Rights Commission Act 1986 .

"independent children's lawyer" means a child representative approved under section 68L of the Family Law Act.

"information sheet" means the relevant information sheet approved by an authorised Registrar.

"lawyer" means a legal practitioner who is entitled to practise in the Court.

"marriage certificate" means:

                     (a)  a certificate of marriage or a certified copy of the certificate; or

                     (b)  a certified copy of:

                              (i)  the entry of a marriage in a Register of Marriages; or

                             (ii)  an extract of the entry of a marriage.

"minor" means a person under the age of 18 years.

"Notice of Child Abuse, Family Violence or Risk" means the form set out in Schedule 2, with any variations that are necessary or as the Chief Judge directs.

"parenting order" has the meaning given by subsection 64B(1) of the Family Law Act.

"party" means an applicant, respondent or other person included as a party to a proceeding.

"prescribed property" has the same meaning as in the Family Law Rules.

"Registrar of the Tribunal" includes a person:

                     (a)  who has been appointed as an officer of the Tribunal under section 24PA of the AAT Act; and

                     (b)  to whom powers or functions have been delegated under subsection 10A(3) of the AAT Act.

"Registration Act" means the Child Support (Registration and Collection) Act 1988 .

"service by hand" means personal service.

"the Court or a Judge" includes a Judge sitting in chambers.

"Tribunal" means the Administrative Appeals Tribunal.

"vexatious proceeding" --see subsection 88N(1) of the Act.

"vexatious proceedings order" --see subsection 88N(1) of the Act.




AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback