Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT RULES 1999 (NO. 2) 1999 NO. 118

STATUTORY RULES 1999 NO. 118

Issued by the authority of the Judges of the Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.

Section 123(2) of the Family Law Ad provides that Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if reference in those sections to regulations were references to Rules of Court.

The present Family Law Rules came into operation on 2 January, 1985. They have been regularly reviewed and amended since that date.

DETAILS OF THE PROVISIONS OF THE AMENDMENTS

Order 2 Rule 2 (4A)

Those amendments are necessitated by the changes to Form 12A.

Order 2 Rule 2 (5) and Order 2 Rule 3

The forms which are required to have a cover sheet and the forms which can he handprinted have been amended

Order 5

Reasons for Judgement are not included in the "records" of the court

Order 14

In the new Form 12A Part E (when parenting orders are sought) and Part F (when financial orders are sought) must be completed even if legally represented.

Order 15

It is no longer necessary for an intervener to file a Form 15C and this Form has been omitted from the Rules.

Order 30 Rule 2A New subrule 1C and 1D

Interim hearings are to be limited to 2 hours and such hearings arc to proceed on the papers only unless the Judge gives leave.

Order 31B Rule 1

A definition of "administrative assessment" has been inserted.

Order 31B Roles 12, 12A and 13

This amendment is to simplify the Rules setting out what documents are to be filed when a party makes an application under various sections of the. Child Support Assessment Act. What is actually required to be filed has not changed.

Order 32 Rule 6 (2)

An appellant must file any amended Notice of Appeal (unless leave of the court is obtained) 14 days before the first day of the sittings in which it is listed.

Rule 13

The transcript included in the Appeal Books must be the official transcript prepared by the courts transcription provider.

Rule 16A(7), Rule 16B and Rule 18 (3)

The time standards have changed.

Rule 22 (3)

A Notice of Appeal from a Magistrates Court or Court of Summary Jurisdiction can only be filed in the Family Court Registry which is nearest to the court appealed from.

Order 36A Rule 3 (y), (ya) and (yb)

These rules am in a more logical order and enlarge the powers delegated to Judicial Registrars in relation to contempt to include applications under s. 112AP, and increases their jurisdictional limit to $700,000.

Order 40 Rule 1

The rate of interest has beet reduced to 9.55%.

Schedule

Forms 12A, 17A, 34, 44 and 66 amended

Form 15C omitted