Family Law Amendment Rules 1999 (No. 1) (Cth)

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Family Law Amendment Rules 1999 (No. 1)

Statutory Rules 1999No. 61

We, Judges within the meaning of the Family Law Act 1975, make the following rules of Court under that Act.

Dated 12 April 1999.

J. EDWARD ELLIS

H.R. FREDERICO

T.E. LINDENMAYER

N.J. BUCKLEY

ALWYNNE ROWLANDS

J.V. KAY

RODERICK JOSKE

JOSEPHINE M. MAXWELL

ADRIAN SMITHERS

RICHARD W. GEE

JAMES BARRY

J. WILCZEK

H.J. BURTON

G.R. MULLANE

N. MUSHIN

C.A. MOORE

I.R. COLEMAN

P.F.A. HILTON

M.A. HANNON

B.J. WARNICK

RICHARD CHISHOLM

SALLY BROWN

S.R. O’RYAN

LINDA DESSAU

SUSAN MORGAN

MICHELLE MAY

JOHN STEELE

ROD BURR

PAUL M. GUEST

H.B. CARTER

ANN ROBINSON

M. WATT

P. ROSE

Judges of the Family Court

of Australia

A.M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

D.R. ANDERSON

N. TOLCON

C.E. MARTIN

Judges of the Family Court

of Western Australia

S. THACKRAY

Principal Registrar

Family Court of Western Australia

Family Law Amendment Rules 1999 (No. 1)1

Statutory Rules 1999 No. 612

made under the

Family Law Act 1975

   

Contents

Page

  • •
  • •

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1Name of rules

 These rules are the Family Law Amendment Rules 1999 (No. 1).

2Commencement

 These rules commence on 19 April 1999.

3Amendment of Family Law Rules

 Schedule 1 amends the Family Law Rules.

Schedule 1Amendments

(rule 3)

Do not delete: Schedule Part placeholder

[1]Order 1, rule 1

substitute

1 Name of rules

 These rules are the Family Law Rules 1984.

[2]Order 36, rule 4

omit

[3]Order 36A, subrule 2 (1)

substitute

  • (1)

    This rule applies only toa Registrar who is enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory.

  • (1A)

    The following powers of the Court are delegated to each Registrar:

    • (a)

      the power to dispense with the service of any process;

    • (b)

      the power to make orders in relation to service and substituted service;

    • (c)

      the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings or of any other person;

    • (d)

      the power to set aside, in whole or in part, a subpoena;

    • (e)

      the power to direct a party to proceedings to answer particular questions;

    • (f)

      the power to direct a party to proceedings to attend a conference conducted by a family and child counsellor or a welfare officer;

    • (g)

      the power to make an order (including an order for garnishment, seizure of property or sequestration) for the enforcement of a maintenance order;

    • (h)

      the power to make an order for subsection 44 (1C) of the Act;

    • (i)

      the power to make an order under section 68L of the Act;

    • (j)

      the power, under subsection 79 (9) of the Act, to dispense with the appointment of a conference;

    • (k)

      the power, under section 84 of the Act, to make an order in relation to enforcement proceedings instituted under Order 33;

    • (l)

      the power, under section 92 of the Act, to grant leave to intervene in proceedings;

    • (m)

      the power to make an order the terms of which have been agreed upon by all the parties to proceedings;

    • (n)

      the power to make an order adjourning the hearing of proceedings;

    • (o)

      the power to grant an injunction under subsection 114 (1) of the Act in relation to enforcement proceedings instituted under Order 33;

    • (p)

      the power to make an order transferring proceedings;

    • (q)

      the power to make an order in relation to the removal of proceedings;

    • (r)

      the power to make an order exempting a party to proceedings from compliance with a provision of the regulations or these rules;

    • (s)

      the power, under subsection 105 (2) of the Child Support (Registration and Collection) Act 1988, to give directions, and make orders, for the resolution of any difficulty arising in relation to the application of subsection 105 (1) of that Act or in relation to a particular proceeding.

  • (1AB)

    In addition to the powers mentioned in subrule (1A), the following powers of the Court are delegated to each Registrar:

    • (a)

      the power to make a decree of dissolution of marriage in undefended proceedings;

    • (b)

      the power, under subsection 55 (2), or section 55A, of the Act, to make an order, or a declaration, in relation to a decree of dissolution of marriage;

    • (c)

      the power to make, in undefended proceedings, a parenting order, including an order to which section 65G or 66F of the Act applies;

    • (d)

      the power to make an order in relation to maintenance;

    • (e)

      the power to make an order under subsection 67D (1) of the Act;

    • (f)

      the power to make an order under sections 67E and 67G of the Act;

    • (g)

      the power, under section 87 of the Act, to make an order approving a maintenance agreement;

    • (h)

      the power, under section 117 of the Act, to make an order as to costs;

    • (i)

      the power, under section 139 of the Child Support (Assessment) Act 1989, to make an order for the payment of urgent maintenance.

  • (1AC)

    In addition to the powers mentioned in subrules (1A) and (1AB), the following powers of the Court are delegated to each Registrar:

    • (a)

      the power to make a location order under subsection 67M (2) of the Act;

    • (b)

      the power to make a Commonwealth information order under subsection 67N (2) of the Act;

    • (c)

      the power, under subsection 68M (2) of the Act, to order a person to make a child available for a psychiatric or psychological examination;

    • (d)

      the power, under section 69V, subsection 69W (1), section 69X, or subsection 69ZC (2), of the Act, to make an order in relation to the parentage of a child;

    • (e)

      the power, under section 102A of the Act, to grant leave for a child to be examined;

    • (f)

      the power, under subsection 63H (1) of the Act, to set aside registered parenting plans until further order;

    • (g)

      the power, under section 65D of the Act, to make a parenting order until further order;

    • (h)

      the power, under section 67ZD of the Act, to make an order to deliver up a passport to a Registrar until further order;

    • (j)

      the power:

      • (i)

        under subsection 68B (1) of the Act, to make an order, or grant an injunction, until further order; and

      • (ii)

        under subsection 68B (2) of the Act, to grant an injunction until further order.

  • (1AD)

    The powers mentioned in subrule (1AC) may be exercised by a Registrar only:

    • (a)

      if the Registrar is approved, or is in a class of Registrars approved, by a majority of Judges for the exercise of those powers; and

    • (b)

      in accordance with an arrangement under subsection 37B (2) of the Act.

[4]Order 36A, paragraph 2 (2) (u)

omit

 (except rule 2AAA)

[5]Order 36A, paragraphs 3 (ea) and (eb)

omit

[6]Order 36A, subparagraphs 3 (g) (i) and (ii)

omit

[7]Order 36A, paragraphs 3 (h), (ha), (i) and (j)

omit

[8]Order 36A, paragraph 3 (ma)

omit

[9]Order 36A, paragraph 3 (raa)

omit

[10]Order 36A, after paragraph 3 (rc)

insert

  • (rca)

    the power:

    • (i)

      to make an order, or grant an injunction, under subsection 114 (1) of the Act; or

    • (ii)

      to grant an injunction under subsection 114 (3) of the Act;

[11]Order 36A, paragraph 3 (wa)

omit

[12]Order 36A, rule 5

substitute

5Prescribed times for review

  • (1)

    For subsection 26C (1) of the Act, the time prescribed for an application to the Court to review the exercise of a power by a Judicial Registrar is:

    • (a)

      for a power delegated to each Registrar under these rules (other than subrule 2 (1AB) or (1AC) of this Order) — 7 days after the day on which the Judicial Registrar exercises the power; or

    • (b)

      for a power delegated to each Registrar under subrule 2 (1AB) or (1AC) of this Order — 1 month after the day on which the Judicial Registrar exercises the power; or

    • (c)

      for a power mentioned in rule 3 of this Order (other than a power mentioned in paragraph 3 (a) of this Order) — 1 month after the day on which the Judicial Registrar exercises the power. 

  • (2)

    For subsection 37A (9) of the Act, the time prescribed for an application to the Court to review the exercise by a Registrar of a power is:

    • (a)

      for a power mentioned in subrule 2 (1A) or (2) of this Order — 7 days after the day on which the Registrar exercises the power; or

    • (b)

      for a power mentioned in subrule 2 (1AB) or (1AC) of this Order — 1 month after the day on which the Registrar exercises the power.

[13]Order 36A, after subrule 7 (1)

insert

  • (1A)

    An application must be listed before a Judge for a hearing as soon as possible and, if practicable, within 60 days after the date of filing.

Notes

1. These rules amend Statutory Rules 1984 No. 425, as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 9, 15, 16, 46, 166 and 236; 1989 Nos. 49, 65, 175, 201, 266 and 331; 1990 Nos. 20, 74, 348 and 474; 1991 Nos. 122, 414, 475 and 476; 1992 Nos. 8, 45, 161 and 304; 1993 Nos. 51 and 160; 1994 Nos. 25, 58, 59, 60, 61, 62, 152 and 401; 1995 Nos. 2, 144, 145, 146, 319 and 371; 1996 Nos. 28 and 60; 1997 Nos. 97, 154 and 155; 1998 Nos. 117 and 299.

2. Made by a majority of Judges of the Family Court on

12 April 1999, and notified in the Commonwealth of Australia Gazette

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