Family Law Amendment Rules 1999 (No. 2) (Cth)

Family Law Amendment Rules 1999 (No. 2)

Statutory Rules 1999 No. 118

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

Dated 18 June 1999.

J. EDWARD ELLIS

H.R. FREDERICO

T.E. LINDENMAYER

ALWYNNE ROWLANDS

RODERICK JOSKE

RICHARD W. GEE

JAMES BARRY

J. WILCZEK

J. ROURKE

H.J. BURTON

N. MUSHIN

P.F.A. HILTON

B.J. WARNICK

SALLY BROWN

B. JORDAN

LINDA DESSAU

SUSAN MORGAN

MICHELLE MAY

ROD BURR

HEATHER B. CARTER

L. WADDY

ANN ROBINSON

M. WATT

R. FLOHM

Judges of the Family Court

of Australia

A.M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

C.E. MARTIN

J. PENNY

S.E. THACKRAY

Judges of the Family Court

of Western Australia

D. MONAGHAN

Acting Principal Registrar

Family Court of Western Australia

Family Law Amendment Rules 1999 (No. 2)1

Statutory Rules 1999 No. 1182

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. 2).

2Commencement

 These rules commence on 28 June 1999.

3Amendment of Family Law Rules 1984

Schedule 1 amends the Family Law Rules 1984.

Schedule 1Amendments

(rule 3)

Do not delete: Schedule Part placeholder

[1]Order 2, paragraph 2 (4A) (a)

omit

H and J

insert

H and I

[2]Order 2, paragraph 2 (4A) (b)

omit

K and L

insert

J and K

[3]Order 2, paragraph 2 (4A) (c)

omit

E, F or G

insert

C, D, E, F, H or J

[4]Order 2, paragraph 2 (5) (a)

substitute

• (a)

  a document must be in accordance with Form 1B, 2, 2A, 4, 6, 7, 7A, 7B, 8, 8A, 10, 12, 12A, 12B, 13, 14, 15A, 15B, 15D, 17, 17A, 18, 19, 20, 21, 22, 23, 26A, 26B, 35, 41B, 42, 42A, 42B, 43, 44, 47, 48, 49, 57, 58, 66, 67 or 69; and

[5]Order 2, subrule 3 (2)

substitute

• (2)

  A document in accordance with Form 16, 24, 25, 26, 27, 28, 29, 30, 36, 37, 38, 41A, 45, 46, 46A, 49A, 55, 56, 59, 60, 61 or 62 must have a cover sheet in accordance with Form 1.

[6]Order 5, after subrule 6 (3)

insert

• (4)

  In this rule:

records does not include a judgment given by a court.

[7]Order 14, subrules 3 (4) and (5)

substitute

(4) If an applicant seeks a parenting order, the applicant must complete Part E of the application.

• (5)

  If an applicant seeks financial orders, the applicant must complete Part F of the application.

[8]Order 15, paragraph 4 (1) (a)

substitute

(a) not later than 14 days after the order is made, file an application, as directed by the court or a Registrar, setting out the orders sought; and

[9]Order 15, paragraph 4 (1) (b)

omit

, the notice, and the application (if any)

insert

and the application

[10]Order 30, after subrule 2A (1B)

insert

(1C) Unless the court otherwise orders, the hearing of an interim or procedural application must not exceed 2 hours.

• (1D)

  On the hearing of an interim or procedural application, oral evidence must not be given without the leave of the court.

[11]Order 31B, rule 1, before definition of Assessment Act

insert

administrative assessment has the same meaning as it has in the Assessment Act.

[12]Order 31B, rules 12, 12A and 13

substitute

12Application under section 98, 116, 123 or 129 of the Assessment Act

 An application under section 98, 116, 123 or 129 of the Assessment Act must be accompanied by a copy of:

• (a)

  any relevant administrative assessment; and

• (b)

  a financial statement in accordance with Form 17; and

• (c)

  an affidavit, in accordance with Order 16, setting out the facts in support of the application; and

• (d)

  any relevant order or agreement.

[13]Order 32, subrule 6 (2)

omit

7 days before the day listed for the hearing of the appeal.

insert

14 days before the date of commencement of the sittings in which the appeal is listed for hearing.

[14]Order 32, rule 13

substitute

13Transcript

(1)As soon as practicable after the index to the appeal papers has been settled, the appellant or, if so directed by the appeal registrar, the cross-appellant, must arrange to obtain the original, or a copy of the relevant parts, of the transcript of the proceedings from which the appeal has arisen.

• (2)

  The transcript of the proceedings must have been prepared by the contractor providing transcription services to the court for those proceedings.

[15]Order 32, subrule 16A (7)

omit

4 days before the hearing of the appeal.

insert

14 days before the date of commencement of the sittings in which the appeal is listed for hearing.

[16]Order 32, rule 16B

substitute

16BSummary of argument and list of authorities

 A summary of the arguments to be presented, and a list of the authorities to be relied on, at the hearing of an appeal or cross-appeal must be filed and served:

• (a)

  by the appellant or cross-appellant — no later than 14 days before the date of commencement of the sittings in which the appeal (and cross-appeal, if any) is listed for hearing; and

• (b)

  by the respondent to an appeal or cross-appeal — no later than 7 days before the date of commencement of the sittings in which the appeal (and cross-appeal, if any) is listed for hearing; and

• (c)

  by a child’s representative (if any) — no later than 3 days before the date of commencement of the sittings in which the appeal is listed for hearing.

[17]Order 32, subrule 18 (3)

omit

21 days

insert

14 days

[18]Order 32, subrule 22 (1)

omit

in the court appealed to

[19]Order 32, after subrule 22 (2)

insert

• (3)

  The notice of the appeal must be filed in the registry of the court appealed to that is nearest the court of summary jurisdiction from which the appeal is made.

[20]Order 36A, paragraphs 3 (y), (yaa) and (ya)

substitute

• (y)

  the power under subrule 28 (2) of Order 38 to make an order in relation to a costs agreement made under rule 27 of that Order;

• (ya)

  the powers of a judge to deal with contempt in the face of the court;

• (yb)

  the power to hear an application for a person

  to be charged with contempt of court under section 112AP of the Act;

[21]Order 36A, subparagraphs 3 (l) (ii) and 3 (q) (ii)

omit

$300,000;

insert

$700,000;

[22]Order 36A, subparagraph 3A (b) (i)

omit

$300,000;

insert

$700,000;

[23]Order 40, rule 1

substitute

1Rate of interest

 For paragraph 87 (11) (b) and subsection 117B (1) of the Act, the rate of interest on an amount of money that becomes due and payable after 1 July 1999 is 9.55%.

[24]Schedule 1, Form 12A

substitute

Form 12A

    

[25]Schedule 1, Form 15C

omit

[26]Schedule 1, Form 17A

substitute

Form 17A

     

[27]Schedule 1, Form 34

substitute

Form 34

 

[28]Schedule 1, Forms 41B, 42 and 42A

omit

Please type

insert

Type or print clearly

[29]Schedule 1, Form 44

substitute

Form 44

 

[30]Schedule 1, Form 58

substitute

Form 58

[31]Schedule 1, Form 66

omit

Please type

insert

Type or print clearly

[32]Schedule 1, Form 67

omit

Form 67 — Family Law Rules Order 32A, Rule 2

insert

Form 67 — Family Law Rules Order 32A, Rule 2

u  Type or print clearly     u  Cross boxes where applicable

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; 1999 No. 61.

2. Notified in the Commonwealth of Australia Gazette