Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 11.01

General powers

                   The court may exercise any of the powers mentioned in Table 11.1 to manage a case to achieve the main purpose of these Rules (see rule 1.04).

Table 11.1 Court's powers

Item

Subject

Power

1

Attendance

(a) order a party to attend:

(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

2

Case development

(a) consolidate cases;

(b) order that part of a case be dealt with separately;

(c) decide the sequence in which issues are to be tried;

(d) specify the facts that are in dispute, state the issues and make procedural orders about how and when the case will be heard or tried;

(e) finalise the balance sheet setting out all assets, liabilities and financial resources that either party asserts are relevant to the determination of the case;

(f) with the consent of the parties, order that a case or part of a case be submitted to arbitration;

(g) order a party to provide particulars, or further and better particulars, of the orders sought by that party and the basis on which the orders are sought;

(h) order a party to produce any relevant document in a financial case to the court or to any other party for the purpose of developing and finalising the balance sheet

3

Conduct of case

(a) hold a court event and receive submissions and evidence by electronic communication;

(b) postpone, bring forward or cancel a court event;

(c) adjourn a court event;

(d) stay a case or part of a case;

(e) make orders in the absence of a party;

(f) deal with an application without an oral hearing;

(g) deal with an application with written or oral evidence or, if the issue is a question of law, without evidence;

(h) allow an application to be made orally;

(i) determine an application without requiring notice to be given;

(j) order that a case lose listing priority;

(k) make a self-executing order;

(l) make an order granting permission for a party to perform an action if a provision of the Rules requires a party to obtain that permission;

(m) for a fee that is required by law to be paid--order that the fee must be paid by a specified date

Note 1:    The powers mentioned in this rule are in addition to any powers given to the court under a legislative provision or that it may otherwise have.

Note 2:    Rule 1.10 provides that a court may make an order on its own initiative and sets out what other things the court may do when making an order or giving a party permission to do something.



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