Commonwealth Consolidated Regulations

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

FAMILY LAW RULES 2004 - RULE 26.31

Application of Part 40 of Federal Court Rules 2011

             (1)  For the purposes of applying a provision of Part 40 of the Federal Court Rules 2011 to this Part, a reference in those Rules to:

                     (a)  'the Court' or 'Court' is taken to be a reference to a Family Court;

                     (b)  'application' is taken to include a reference to an application in a Family Court started by the form Bankruptcy--Application or transferred to a Family Court under section 35A of the Bankruptcy Act;

                   (ba)  'interlocutory application' is taken to include a reference to an application in a Family Court started by the form Bankruptcy--Application in a Case ;

                     (c)  a Registrar, Deputy Registrar, District Registrar, Deputy District Registrar or taxing officer is taken to be a reference to a Registrar of a Family Court; and

                     (d)  the entry of orders is taken to be:

                              (i)  if the reference relates to a party seeking to enter an order--a reference to the application of the party for an order in relation to costs in a Family Court; and

                             (ii)  if the reference relates to a judicial officer who signs and seals an order to authenticate the order--a reference to the making of an order by a judicial officer in relation to costs in a Family Court.

Summary of Chapter 26A

Chapter 26A sets out the rules about a case in a Family Court to which the Trans-Tasman Proceedings Act 2010 applies. Delegation of the Family Court's power in such cases is set out in Chapter 18 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.

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

 

 



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback