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FAMILY COURT ACT 1997 - SECT 244

244 .         Rules

        (1)         The judges, or a majority of them, may make rules not inconsistent with this Act or regulations made under this Act providing for or in relation to —

            (a)         the practice and procedure to be followed in the Court or in the Magistrates Court exercising jurisdiction under this Act; and

            (b)         all matters and things necessary or convenient to be prescribed for the conduct of any business in the Court or in the Magistrates Court exercising jurisdiction under this Act; and

            (c)         all matters and things incidental to the things specified in this section.

        (2)         The judges, or a majority of them, may make rules not inconsistent with this Act or regulations made under this Act, prescribing all matters that are required or permitted by this Act to be prescribed by rules.

        (3)         Without limiting the generality of subsection (1) or (2), the rules may make provision for and in relation to —

            (a)         the places and times of sitting of the Court or of courts of summary jurisdiction exercising federal jurisdiction or of the Magistrates Court exercising non-federal jurisdictions under this Act; and

            (b)         the attendance of witnesses; and

            (c)         the manner of service of process of the Court or of the Magistrates Court exercising jurisdiction under this Act and for and in relation to dispensing with such service; and

            (d)         trial management; and

            (ea)         proceedings transferred to the Court under the Bankruptcy Act 1966 (Commonwealth) sections 35A and 35B; and

            (e)         the time and manner of institution of appeals to the Court, including the conferral of power to stay the execution of decrees that are subject to appeal; and

            (f)         the functions of officers of the Court and officers of the Magistrates Court exercising federal jurisdiction or exercising non-federal jurisdictions under this Act; and

            (g)         the seals and stamps to be used in the Court and in the Magistrates Court exercising jurisdiction under this Act; and

            (h)         matters relating to the costs of proceedings (including solicitor and client costs and party and party costs) and the assessment or taxation of those costs; and

                  (i)         authorising the Court and the Magistrates Court exercising jurisdiction under this Act to refer to an officer of the court for investigation, report and recommendation claims or applications for or relating to any matters before the court; and

            (j)         authorising an officer making an investigation mentioned in paragraph (i) to —

                  (i)         take evidence on oath or affirmation; and

                  (ii)         receive in evidence a report from a family consultant under section 73; and

                  (iii)         receive in evidence a report from a person who has had dealings with a party to the matter under investigation under section 91, 95, 95A, 205O or 205S;

                and

            (ja)         enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (i) for the purposes of giving evidence or producing books or documents; and

            (k)         the procedure of the Court and the Magistrates Court exercising jurisdiction under this Act upon receiving a report of an officer who has made an investigation referred to in paragraph (i); and

            (l)         matters relating to expert evidence, including the disclosure, by the furnishing of copies of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of expert evidence; and

            (m)         the appointment of a next friend for a party; and

            (n)         for the purposes of Part 8 Division 2, providing for the conditions relating to the use of video links, audio links and other appropriate means of communication; and

            (o)         the forfeiture of bonds entered into in pursuance of requirements made under this Act; and

            (p)         the recovery of any money that may be due to the State under a bond referred to in paragraph (o) or from any person who has become a surety under this Act; and

            (q)         the attachment of moneys payable by the Commonwealth, the State or another State, a Territory or the Administration of a Territory, or by an authority of the Commonwealth, of the State or another State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of the State or another State or of a Territory that they are not liable to attachment); and

            (r)         providing for and in relation to —

                  (i)         the attendance at family counselling by parties to proceedings under this Act; and

                  (ii)         the attendance at family dispute resolution by parties to proceedings under this Act; and

                  (iii)         the giving of advice and assistance by family consultants to people involved in proceedings under this Act; and

                  (iv)         the participation by parties to proceedings under this Act in courses, programs and other services (other than those mentioned in subparagraph (i), (ii) or (iii)) that the parties are ordered by the court to participate in; and

                  (v)         the use, for the purposes of proceedings under this Act, by the Court and the Magistrates Court exercising jurisdiction under this Act and officers of such courts, of reports about the future conduct of the proceedings that have been prepared by persons who dealt with the parties in accordance with rules made under subparagraph (i), (ii), (iii) or (iv);

                and

        [(s)         deleted]

            (t)         the functions and duties of assessors and of family consultants and arbitrators; and

            (u)         the making of applications under this Act for arbitration or orders under sections 65M and 65N; and

                  (v)         the disputes, proceedings or matters that may or may not be arbitrated under this Act; and

            (va)         prescribing the disputes, proceedings or matters in relation to which family consultants may, or must not, perform their functions; and

            (w)         providing for and in relation to —

                  (i)         the functions to be performed by family consultants; and

                  (ii)         the procedures to be followed in performing those functions; and

                  (iii)         the procedures to be followed by persons involved in proceedings in relation to which a family consultant is performing functions; and

                  (iv)         the procedures to be followed when a family consultant ceases performing functions in relation to a dispute, proceeding or matter;

                and

                  (x)         providing for and in relation to —

                  (i)         the procedures to be followed by a family counsellor authorised under section 25(2a) or 34C(1) or engaged under section 34D; and

                  (ii)         the procedures to be followed by persons attending family counselling with such a counsellor; and

                  (iii)         the procedures to be followed when family counselling with such a counsellor ends;

                and

            (y)         providing for and in relation to —

                  (i)         the procedures to be followed by a family dispute resolution practitioner authorised under section 25(2a) or 34C(2) or engaged under section 34D; and

                  (ii)         the procedures to be followed by persons attending family dispute resolution with such a practitioner; and

                  (iii)         the procedures to be followed when family dispute resolution with such a practitioner ends;

                and

            (ya)         providing for and in relation to —

                  (i)         the procedures to be followed by an arbitrator in relation to a dispute, proceeding or matter under this Act; and

                  (ii)         the attendance by persons at conferences conducted by arbitrators for the purpose of arbitrating a dispute, proceeding or matter under this Act; and

                  (iii)         the procedure to be followed when arbitration ends, both where it has resulted in an agreement or award and where it has not;

                and

            (z)         prescribing matters relating to the costs of —

                  (i)         arbitration by arbitrators, and the assessment or taxation of those costs; and

                  (ii)         family counselling by family counsellors authorised under section 25(2a) or 34C(1) or engaged under section 34D; and

                  (iii)         family dispute resolution by family dispute resolution practitioners authorised under section 25(2a) or 34C(2) or engaged under section 34D;

                and

            (zaa)         the registration of awards under section 65P; and

            (zab)         the time and manner of making applications for review of registered awards under section 65Q or for orders setting aside registered awards under section 65R; and

            (za)         conciliation conferences.

        (4)         Rules made under this Act may, for the purposes of this Act, adopt or apply any rule for the time being in force under the Family Law Act.

        (5)         Rules made under this Act may provide that contravention of a rule or a provision of a rule constitutes an offence and provide for penalties not exceeding $5 500.

        [Section 244 amended: No. 25 of 2002 s. 28, 50, 74 and 75; No. 59 of 2004 s. 95; No. 35 of 2006 s. 20 and 125; No. 13 of 2013 s. 34.]



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