District Court Act 1973 Rule (1997-639) [GG No 130 of 28.11.1997, p 9585] (NSW)

1997 No 639

New South Wales

DISTRICT COURT RULES 1973-RULE

Commencement

1. This rule is made by the Rule Committee on 26 August 1997, and has effect on and from 1 January 1998.

Amendment of District Court Rules 1973

2. The District Court Rules I973 are amended by inserting after Part 5 1 C:

Part 51 D De Facto Relationships Act 1984, Family Provision Act 1982 and Testator’s Family Maintenance and Guardianship of Infants Act 1916

1 De Facto Relationships Act 1984

The following rules of the Supreme Court Rules I970 apply to proceedings before the District Court under the De Facto Relationships Act 1984 in the same way as they apply to proceedings before the Supreme Court:

(a)	Part 52, rule 24A (De Facto Relationships Act 1984),
(b)	Part 52, rule 24B (Orders for non-application of rules 24 and 24A),
(c)	Part 52A, rule 34 (De Facto Relationships Act 1984),
(d)	Part 52A, rule 35 (Orders for non-application of rules 33 and 34),
(e)	Part 77, Division 19, rules 74-76A (De Facto Relationships Act 1984).

2 Family Provision Act 1982

The following rules of the Supreme Court Rules 1970 apply to proceedings before the District Court under the Family Provision Act 1982 in the same way as they apply to proceedings before the Supreme Court:

Published in Gazette No 130 of 28 November 1997, page 9585 Page 1

1997 No 639

Clause 2 District Court Rules 1973—Rule

(a)	Part 77, Division 16, rules 54–69 (Family Provision Act 1982),
(b)	Part 78, rule 5 (1) (n) (Powers of the registrar),
(c)	Part 78, rule 10 (Publication of notice of intended application),
(d)	Part 78, rule 11 (Delay),
(e)	Part '78, rule 25 (Evidence in support of application for administration),
(f)	Part 78, rule 25A (Evidence in support of application for administration by de facto wife or de facto husband),
(g)	Part '78, rule 26 (Evidence in support of application for administration with will annexed),
(h)	Part 78, rule 26A (Evidence in support of application for administration for the purposes only of the Family Provision Act 1982).

3 Testator's Family Maintenance and Guardianship of Infants Act 1916

Part 77, Division 6, rules 22–31 (Testator's Family Maintenance and Guardianship of Infants Act 19 16) of the Supreme Court Rules 1970 apply to proceedings before the District Court under the Testator S Family Maintenance and Guardianship of Infants Act 1916 i n the same way as they apply to proceedings before the Supreme Court.

4 Documents

If a rule of court of the Supreme Court referred to in rules 1 , 2 or 3 requires a document to be in a form specified in Schedule F to the Supreme Court Rules 1970 the document is to be in that form

in proceedings in the District Court.

5 Modifications

The forms contained in Schedule F to the Supreme Court Rules 1970 apply with necessary modifications and to the extent that they are not inconsistent with the District Court Act 1973.

1997 No 639

District Court Rules 1973—Rule Clause 5

EXPLANATORY NOTE

The purpose of the amendments is to apply certain rules of the Supreme Court Rules 1970 to proceedings that may be commenced in the District Court as a result of amendments made to the District Court Act 1973 by Schedule 1 [7]-[9] to the District Court Amendment Act 1997.

Those amendments confer jurisdiction on the District Court to deal with certain matters under the De Facto Relationships Act 1984 and increase the Court’s jurisdiction in relation to matters under the Family Provision Act 1982 and the Testator’s Family Maintenance and Guardianship of Infants Act 1916.

J Cowen

Secretary to the Rule Committee