Family Court of Australia (Delegation of Powers) Rules (Cth)

Statutory Rules 1985 No. 3421

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Family Court of Australia (Delegation of Powers) Rules

WE, Judges of the Family Court of Australia, hereby make the following Rules of Court under the Family Law Act 1975.

Dated 16 December 1985.

ELIZABETH EVATT

AUSTIN ASCHE

K. W. PAWLEY

J. EDWARD ELLIS

H. C. EMERY

R. C. WOOD

W. S. SIMPSON

ALAN J. BARBLETT

J. FOGARTY

K. A. MURRAY

B. M. HOGAN

W. G. DOVEY

MARGARET LUSINK

T. E. LINDENMAYER

T. H. McGOVERN

B. ROSS-JONES

T. R. JOSKE

JOSEPHINE MAXWELL

S. STRAUSS

J. GUN

H. R. FREDERICO

G. I. WALSH

ADRIAN COOK

G. YUILL

R. J. BULLEY

D. TONGE

B. TREYVAUD

EDWARD BUTLER

P. F. UNDERHILL

E. R. BAKER

P. E. NYGH

PETER B. HASE

J. P. ELLIOTT

RICHARD W. GEE

D. BULBECK

N. J. BUCKLEY

(f) the power, in proceedings under the Act, to make—

(i) an order under section 77 of the Act; or

(ii) an order for the payment of maintenance pending the disposal of the proceedings;

(g) the power to make, in proceedings under the Act, an order the terms of which have been agreed upon by all the parties to the proceedings;

(h) the power, in proceedings under the Act, to make an order adjourning the hearing of the proceedings;

(j) the power under section 117 of the Act to make an order as to costs;

(k) the power to make orders transferring proceedings;

(m) the power to make an order exempting a party to proceedings under the Act from compliance with a provision of the regulations or the Family Law Rules.

(2) The powers of the Court under the following Orders and rules of the Family Law Rules are delegated to each Registrar:

(a) Order 3, sub-rule 1 (2);

(b) Order 4, rules 2 and 3;

(c) Order 11, sub-rules 1 (2), 2 (2) and 2 (4);

(d) Order 13, rule 1 and paragraphs (c), (d), (e), (g), (h) and (i) of rule 2;

(e) Order 14, rules 4, 5 (b) (iv) and sub-rule 6 (1);

(f) Order 15, rules 8, 9, 10 and 11 and sub-rule 2 (4);

(g) Order 18, rules 1, 11 and 18 and sub-rule 3 (2);

(h) Order 19, rules 3, 6 and 7 and sub-rules 2 (1) and 5 (2);

(j) Order 22, sub-rules 1 (2), 2 (5), 2 (6) and 3 (1);

(k) Order 23, rules 3, 4, 8, 13, 14, 18 and 19 and sub-rules 5 (5), 5 (6) and 7 (1);

(m) Order 30, rules 1, 3 and 5 and sub-rules 2 (2), 7 (1), 7 (2) and 7 (5);

(n) Order 38, sub-rules 3 (1), 16 (1) and 17 (2);

(p) Order 40, rule 2.

ORDER 3

TIME FOR APPLICATIONS FOR REVIEW

Prescribed time for applications for review

1. For the purposes of sub-section 37a (9) of the Act, the prescribed time within which a party to proceedings in which a Registrar has exercised any of the powers of the Court pursuant to a delegation under Order 2 may apply to the Court to review that exercise of power is 7 days after the date on which that Registrar exercised that power.

 

Extensions of time

2. (1) For the purposes of sub-section 37a(9) of the Act, the time prescribed by rule 1 of this Order may be extended in any proceedings—

(a) by the Court or a Registrar upon such terms as the Court or Registrar thinks fit; or

(b) by the consent of all the parties to those proceedings,

whether or not that time has expired.

(2) Where the time prescribed by rule 1 of this Order is extended by the consent of the parties to the relevant proceedings, the consent may be endorsed on the cover sheet of a document filed in those proceedings.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette