Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW RULES (AMENDMENT) 1995 NO. 144

STATUTORY RULES 1995 No. 144

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

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Low 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 Low Act.

Section 123(2) of the Family Low 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 Low 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

Rule 1 - provides the commencement date.

Rule 2 - is a machinery provision.

General - the amendments ore designed to define procedures for proceedings under the Corporations Low in the Family Court of Australia. To date the rules have mode no specific provision. The proposed Rules adopt the relevant rules of the Federal Court with appropriate modifications.

Rule 3 - amends the service rules to permit service by the modes of "personal service" (on individuals and corporations) permitted by the Federal Court Rules. This is additional to the modes of service permitted by the Family Low Rules. In particular, Order 7 Rule 2 of the Federal Court Rules provides modes of service on a liquidator or official manager of a corporation.

Rule 4 - amends the definition of "cross-vesting law" in Order 31 A to exclude Part 9 of the Corporations Act 1989 as the jurisdiction given to the Family Court under that Act is for civil proceedings only and the jurisdiction in Part 9 is for other proceedings.

Rule 5 - inserts a new Corporations order in the Family law Rules adopting Order 71 of the Federal Court Rules, the parts of the first schedule of those rules relevant to Order 71 (ie Forms), and the parties of the third schedule of those rules relevant to Order 71 (ie powers and functions that may be exercised by a Registrar) subject to the modifications in the proposed Rule 4 designed to enable the use of the rules in the Family Court. They include changes to references to other rules, changes to titles, changes to definitions and deletion of provisions not needed or inappropriate in the Family Low Rules.

Rule 5.1 - Proposed Rules 5 & 6 of Order 41

This prescribes the form of applications to be used and in Rule 6 prescribes the form of cover sheet (Form 1B) as per the amendment to the First Schedule of the Family Low Rules.

Rule 5.2 - Proposed Rules 7 to 13

These provisions are provisions for transfer of Corporations Law proceedings to, another court exercising such jurisdiction or transfer of such proceedings to a Family Court from another court which has such jurisdiction.

Rule 6 - Schedule 1 (Forms)

Creates a cover sheet for use in the Family Court of Australia in proceedings under the Corporations Act.