Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW RULES (AMENDMENT) 1994 NO. 62

STATUTORY RULES 1994 No. 62

Issued by the authority of the Judges of 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 Act 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 references 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 since that date.

DETAILS OF THE PROVISIONS

Rule 1 provides the commencement date.

Rule 2 is a machinery provision.

Rule 2 amends paragraph 3(3)(a) of order 32A by extending the time for filing an application for leave to appeal under section 94AA from twenty-one days to one month.

Rule 4 amends paragraph 2(1)(9) of Order 36A by delegating to Registrars the power to make orders under subsection 64(1C) of the Act.

Rule 4.2 inserts a new paragraph 2(2)(mc) in order 36A which delegates to Registrars the power under order 35 rule 4 to deal with persons taken into custody and to make orders that the person be kept in custody, or be released with or without security. This delegation applies only in respect of a person who is arrested on a warrant that a Registrar has the power to order.

Rule 5 amends Order 36A rule 3 by delegating to Judicial Registrars in paragraph (zb) the power to make orders in relation to Order 34 rules 3 and 4 and Order 35 rule 4. These rules enable Judicial Registrars to issue a warrant for a person to be arrested and brought before the Court where a person does not appear before the Court on the return gay of an application (Order 34 rule 3) and to direct that a person charged be hold in custody or be released with or without security pending the disposal of the proceedings (Order 34 rule 4) or to deal with persons already taken Into custody (order 35 rule 4).