Family Court Amendment Rules 2006 (WA)

2564 GOVERNMENT GAZETTE, WA 14 July 2006

JU303*

Family Court Act 1997

Family Court Amendment Rules 2006

Made by the Judges of the Family Court of Western Australia under section 244 of the Act.

Legislation Information Tables for 2005, Table 4, p. 124.]

1.            Citation

These rules are the Family Court Amendment Rules 2006.

2.            Commencement

These rules come into operation on the day on which the Family
Legislation Amendment Act 2006 Part 3 comes into operation.

3.            The rules amended

The amendments in these rules are to the Family Court
Rules 1998*.

[* Published in Gazette 6 October 1998, p. 5571-85.

For amendments to 6 July 2006 see Western Australian

14 July 2006 GOVERNMENT GAZETTE, WA 2565

4.           Rule 2 amended

Rule 2 is amended by inserting in the appropriate alphabetical position -

44

"child-related proceedings" includes proceedings that

are child-related proceedings within the meaning
of the Family Law Act;

5.            Rule 4 replaced

Rule 4 is repealed and the following rule is inserted instead -

4.            Rules to be read with Family Law Rules

(1)	These rules are to be read as one with the Family Law Rules.
(2)	Without limiting subrule (1), unless the contrary intention appears -

(a)	a word or an expression defined in the Family Law Rules and used in these rules has the same meaning as it has in the Family Law Rules; and
(b)	a form followed by a designation, referred to in

these rules means the form with that

designation in force under the Family Law

Rules. "

6.            Rule 10 amended

Rule 10 is amended by deleting "recognizance" in both places where it occurs and inserting instead -

" bond ".

7.           Rule 12 amended

Rule 12(1) is amended in the Table by inserting after
"15.03(1)" -

" Chapter 16A.2 ".

8.            Rule 13A amended

Rule 13A is amended as follows:

(a)	by repealing subrule (4);
(b)	by inserting after subrule (6) -

44

(6a) In Family Law Rule 12.03, a "mediator" is to be

treated as including a family consultant and a

magistrate.

il

2566 GOVERNMENT GAZETTE, WA 14 July 2006

9.            Rule 24 amended

Rule 24 is amended by deleting paragraph (a) and the Table to paragraph (a) and inserting instead -

"

(a) the powers conferred under a provision -

(i) of the Family Law Act referred to in column 1 of the Table to this paragraph; and

(ii)      of the Family Law Rules referred to in Column 2 of the Table to this paragraph; and

(iii) of the Family Court Act referred to in Column 3 of the Table to this paragraph;

Family Law Act	Family Law Rules	Family Court Act
section 44(1C)	rules 1.09 to 1.14	section 44
section 45	section 215
section 48	rule 11.01	Part 8 Division 2
section 55(2)	Part 15.3	section 237
section 55A	rule 20.07
section 57 section 98A section 101 section 117 Part XI Division 2

10.          Rule 29 amended

Rule 29(1) is amended by deleting "adopted applied under" and inserting instead -

adopted and applied under Part 2 ".

11.          Rule 31 repealed

Rule 31 is repealed.

12.          Rule 32 repealed

Rule 32 is repealed.

13.          Rule 35 replaced

Rule 35 is repealed and the following rule inserted instead -

35.         Notification to spouse - s. 205ZB(3)

For the purposes of section 205ZB(3), a de facto partner who -

(a) has a spouse; and

14 July 2006 GOVERNMENT GAZETTE, WA 2567

(b) is a party to an application under Part 5A Division 2 of the Act,

is, as soon as is practicable after filing the application, and if applicable, a response to the application, to give to his or her spouse, written notification —

(c)	of the application; and
(d)	any response filed to the application.

Dated: 12 July 2006.

Signed:

N. TOLCON.

C. MARTIN.

J. PENNY.