Family Law Amendment Rules 2001 (No. 3) (Cth)

Family Law Amendment Rules 2001 (No. 3)1
Statutory Rules 2001 No. 1912

We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.
Dated 4 July 2001
ALASTAIR NICHOLSON C.J.
J. EDWARD ELLIS
H.R. FREDERICO
T.E. LINDENMAYER
I.R. COLEMAN
RODERICK JOSKE
JAMES BARRY
J.S. PURDY
J. WILCZEK
G.R. MULLANE
N. MUSHIN
M.A. HANNON
SALLY BROWN
B. JORDAN
S.R. O’RYAN
SUSAN MORGAN
MICHELLE MAY
J.A. JERRARD
LLOYD WADDY
ANN ROBINSON
P. ROSE
R. FLOHM
J.M. BOLAND
S. STRICKLAND
J.P.H. STEVENSON
Judges of the Family Court
of Australia
A.M. FILIPPELLO
Principal Registrar
Family Court of Australia
MICHAEL H. HOLDEN
N. TOLCON
C.E. MARTIN
J.G. BARLOW
J. PENNY
Judges of the Family Court
of Western Australia
S.E. THACKRAY
Principal Registrar
Family Court of Western Australia

1Name of Rules

These Rules are the Family Law Amendment Rules 2001 (No. 3).

2Commencement

These Rules commence on 9 July 2001.

3Amendment of Family Law Rules 1984

Schedule 1 amends the Family Law Rules 1984.

Schedule 1Amendments

(rule 3)

[1]Order 1, rule 4, before definition of abuse

insert
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
[2]Order 1, rule 4, after definition of birth certificate
insert
bond includes recognisance.

[3]Order 1, rule 4, definition of lawyer

omit
the Family Court.
insert
a Family Court.

[4]Order 1, rule 4, after definition of sworn

insert
technical medium means a video or audio telephone link or other means of making an oral submission or giving evidence to the court or in chambers without the presence of the person making the submission or giving the evidence.

[5]Order 2, paragraph 2 (3) (h)

omit
rule.
insert
rule; and

[6]Order 2, after paragraph 2 (3) (h)

insert
(i)
if the document is of more than 1 page, be securely fastened.

[7]Order 2, subrule 2 (5)

substitute
(5)
Any document for which there is a prescribed form (other than an affidavit) may be hand printed.

[8]Order 2, paragraph 3A (1) (b)

omit
Australian Company Number under the Corporations Law;
insert
ABN number;

[9]Order 11, rule 1A

substitute
1AApplication for spousal maintenance and property
An application for spousal maintenance that is made at the same time as an application with respect to the property of a party to the application, or when such an application is pending, must be made in accordance with Order 8.

[10]Order 19, rule 1

substitute
1Specific questions
A party to proceedings who has filed an application or a response may serve on another party a request for answers to specific questions:
(a)
in proceedings commenced by application in accordance with Form 3 — after the end of the directions hearing (including any adjournments) and any conciliation conference ordered at the directions hearing; or
(b)
otherwise — with the leave of the court or a Registrar.

[11]Order 23, rule 5

substitute
5Child as a witness
If an order is made for a child to be called as a witness, the evidence of the child is to be given by way of technical medium unless the court otherwise orders.

[12]Order 30, rule 2AAA

substitute
2AAATaking evidence by technical medium
(1)
In this rule:
judicial officer means a Judge, Judicial Registrar, Magistrate, Registrar or Deputy Registrar.
(2)
A party may seek leave to make a submission or adduce evidence by a technical medium by filing an application in accordance with Form 8.
(3)
The application must be filed and served at least 7 days before the date listed for the hearing or such other time as a judicial officer determines.
(4)
The application must be listed before the judicial officer who is to hear the matter, or, if that judicial officer is unavailable, before the judicial officer in charge of the relevant list.
(5)
Unless otherwise ordered, the application must be accompanied by an affidavit setting out:
(a)
whether the application relates to an oral submission or evidence, or both; and
(b)
the type of technical medium proposed to be used; and
(c)
the name and address of the person to make the submission or give the evidence; and
(d)
the nature of the submission sought to be made or the evidence proposed to be given; and
(e)
the reasons why the court should give leave; and
(f)
in the case of evidence:
(i)
whether an affidavit of evidence in chief has been filed; and
(ii)
whether leave is sought for evidence in chief to be given; and
(iii)
the relevance of the evidence to the matters in issue; and
(iv)
whether the witness is an expert witness; and
(v)
the name, address and office of any person who is to be present when the evidence is given; and
(vi)
the name, address and office of any person who will assist the witness by introduction, the administration of an oath or affirmation or the carrying out of any direction of the judicial officer hearing the matter; and
(vii)
the place from which it is proposed the evidence be given; and
(viii)
if the witness is to be referred to a document — whether the document has been filed and whether the witness will have a copy of it; and
(ix)
whether an interpreter is required and, if so, what arrangements are to be made; and
(g)
the cost of use of the technical medium, including any cost to the court and the arrangements to be made by the applicant for the payment of those costs; and
(h)
whether the other parties to the proceeding consent to, or do not oppose, the use of the technical medium; and
(i)
if the submission or evidence is to be given from a foreign country (other than New Zealand):
(i)
whether permission is needed from the relevant foreign government and, if so, whether it has been given; and
(ii)
whether the administration of an oath or affirmation is lawful and, if so, in what form.
(6)
In granting leave, the court may impose such conditions as it thinks fit including apportioning the cost of use of the technical medium between the parties.
(7)
The court may at any time withdraw leave or vary any conditions imposed.

[13]Order 31, rule 11, heading

substitute
11When may a lawyer give an undertaking?

[14]Order 32, rule 5

omit

[15]Order 32, subrule 17A (1)

omit
subsection 94AAA (8) and (10)
insert
subsection 94 (2B) or (2D) or subsection 94AAA (8) or (10)

[16]Order 32, rule 17B

omit
video or audio link.
insert
technical medium.

[17]Order 32, rule 21A

omit
appeal
insert
appeal, including an application under subsection 94 (2D) of the Act,
[18]Order 32, paragraph 21A (a) and subparagraph 21A (b) (i)
omit
Form 42A;
insert
Form 42A and affidavit in support;

[19]Order 32, subparagraph 21A (b) (ii)

substitute
(ii)
filing the original and 2 copies of the application and affidavit not later than 3 clear days after they were forwarded under subparagraph (i).

[20]Order 32, after rule 21A

insert
21AAApplication under subsection 94 (2B) or (2D)
(1)
An application under subsection 94 (2B) or (2D) of the Act is to be listed before the Full Court or a Judge of the Appeal Division or, if such a Judge is not available, a Judge of a Family Court.
(2)
If leave is granted, the application may be heard by technical medium.
(3)
On hearing the application the Judge may make any appropriate directions and determine the application.

[21]Order 33, after paragraph 2 (1) (h)

insert
(ha)
a financial agreement under Part VIIIA of the Act in respect of which an order is in force under paragraph 90KA (c) of the Act; and

[22]Order 35, paragraph 2 (a)

substitute
(a)
has contravened an order affecting children; or

[23]Order 35, paragraph 2 (c)

omit
has
insert
has, intentionally and without reasonable excuse,

[24]Order 35, subparagraph 2 (d) (i)

omit
112AD (2) (b)
insert
70NJ (3) (a) or (b) or paragraph 112AD (2) (b)

[25]Order 35, subparagraph 2 (d) (ii)

omit
that paragraph;
insert
one of those paragraphs;

[26]Order 35, subrule 6 (1)

omit
a residence order, a contact order or a specific issues order.
insert
an order affecting children.

[27]Order 35, rule 8

omit

[28]Order 35, rule 17

omit
rule 16.
insert
paragraph 16 (2) (a).

[29]Order 35, after Division 3

insert
Division 4Information laid before a magistrate
18Information laid before a magistrate — Form 49A
(1)
In this rule, information means an information that:
(a)
alleges that a person has, without reasonable excuse failed to comply with:
(i)
a sentence imposed on the person under paragraph 70NJ (3) (a) or (b) or paragraph 112AD (2) (b) of the Act; or
(ii)
an order directed to the person under one of those paragraphs; or
(iii)
a requirement made, in relation to the sentence or order, by or under the applied provisions; and
(b)
is to be laid before a magistrate under subsection 70NN (2) or 112AH (2) of the Act.
(2)
An information may be laid before a magistrate only by the Marshal.
(3)
The Family Court may direct the Marshal to lay an information before a magistrate.
(4)
An information must be in accordance with Form 49A.
(5)
If:
(a)
an information is laid before a magistrate; and
(b)
the magistrate issues a summons under paragraph 70NN (2) (a) or 112AH (2) (a) of the Act;
a copy of the sealed information and summons must be served, in accordance with Order 18, paragraph
9 (1) (a), 9 (2) (a), 10 (1) (a) or 10 (2) (a), (b) or (c), on the person to whom the summons is directed.
(6)
If:
(a)
an information is laid before a magistrate; and
(b)
the magistrate issues a warrant under paragraph 70NN (2) (b) or 112AH (2) (b) of the Act for the arrest of the person named in the information;
the person executing the warrant must give a copy of the sealed information to the person arrested at the time the arrest is made.

[30]Order 36A, after paragraph 2 (1A) (f)

insert
(fa)
the powers under subsections 19D (1) and (3) of the Act in relation to referral of proceedings, part of proceedings or any matter arising under the proceedings for arbitration;
(fb)
the power under subsection 19E (1) of the Act to make an order to facilitate a private arbitration.

[31]Order 36A, after paragraph 2 (1A) (h)

insert
(ha)
the power to order the attendance of a party or child for the purpose of the preparation of a report under section 62G of the Act;

[32]Order 36A, subparagraph 2 (1AC) (j) (ii)

omit
further order.
insert
further order;

[33]Order 36A, after paragraph 2 (1AC) (j)

insert
(k)
the power under subsection 100B (1) of the Act to make an order allowing a child to swear an affidavit;
(l)
the power under subsection 100B (2) of the Act to make an order allowing a child to be called as a witness or be present during proceedings.

[34]Order 36A, after paragraph 3 (db)

insert
(dc)
the power under section 19EA of the Act to determine a question of law referred by an arbitrator;
(dd)
the power under section 19F of the Act to review a registered award made in arbitration;
(de)
the power under subregulation 67Q (5) to determine whether to register an award made in an arbitration;

[35]Order 36A, after paragraph 3 (jc)

insert
(jd)
the powers of the court under section 70NO of the Act;

[36]Order 36A, after paragraph 3 (r)

insert
(raa)
the power to make an order under subsection 90J (3) or subsection 90K (1) of the Act in relation to a financial agreement or termination agreement:
(i)
in a case where, in relation to the exercise of the power, the parties consent to the hearing and determination of the matter by a Judicial Registrar — irrespective of the gross value of the property; or
(ii)
in any other case in relation to the exercise of the power — in respect of property having a gross value not exceeding $700 000;

[37]Order 36A, after paragraph 3 (rb)

insert
(rbb)
the powers of the court under section 112AH of the Act;

[38]Order 36A, paragraph 3 (u)

omit
subregulations 39 (4)
insert
subregulations 38B, 39 (4)

[39]Order 36A, paragraph 3 (y)

substitute
(y)
the power under Order 38, subrule 27 (2) to make an order in relation to a costs agreement made under Order 38, rule 26;

[40]Order 37, heading

substitute
Order 37Representation by lawyers

[41]Order 37, rule 1, heading

substitute
1Change of lawyer

[42]Order 37, rule 2, heading

substitute
2Lawyer not to represent parties with adverse interests

[43]Order 38

substitute
Order 38Costs
Division 1General
1Interpretation
In this Order, unless the contrary intention appears:
billmeans a bill of costs in accordance with rule 40.
costs includes fees and disbursements.
costs agreement means an agreement under subrule 26 (1).
costs order means an order under subsection 117 (2) of the Act.
lawyer and client, in relation to costs, has the same meaning as solicitor and client.
legal aid body means a relevant authority within the meaning of section 116C of the Act.
taxed costs means costs taxed in accordance with this Order.
work done for a proceeding includes work done in relation to a proceeding.
2Application of Order
(1)
This Order applies to costs for work done for a proceeding:
(a)
ordered to be paid or taxed; or
(b)
payable, or to be taxed, as between lawyer and client; or
(c)
payable by one person to another person.
(2)
This Order applies even if an account for costs has been paid.
3Interest on outstanding costs
(1)Unless the court otherwise orders, or a costs agreement otherwise provides, interest is payable on outstanding costs at the rate specified in Order 40, rule 1.
(2)Interest on outstanding costs becomes due and payable on and from the date when the lawyer, or the party, entitled to be paid the costs is entitled under these Rules to commence a proceeding to recover the costs.
Division 2Notification of costs
4Notification to party at certain stages in proceeding
In a defended proceeding, the lawyer for each party to the proceeding must give to the party:
(a)
immediately before the directions hearing or case conference — a written memorandum stating:
(i)
the actual costs (both paid and owing) of the party up to and including the directions hearing or case conference; and
(ii)
the estimated future costs of the party up to and including the conciliation conference; and
(iii)
the estimated future costs of the party up to and including the pre-hearing conference; and
(iv)
the estimated future costs of the party up to the conclusion of the final hearing; and
(b)
immediately before the first conciliation conference — a written memorandum stating:
(i)
the actual costs (both paid and owing) of the party up to and including the conciliation conference; and
(ii)
the estimated costs mentioned in subparagraphs (a) (iii) and (iv); and
(c)
immediately before the pre-hearing conference —a written memorandum stating:
(i)
the actual costs (both paid and owing) of the party up to and including the pre-hearing conference; and
(ii)
the estimated costs mentioned in subparagraph (a) (iv).
5Notification to party before final hearing
Immediately before the commencement of the final hearing in a proceeding (except a proceeding for an interim or procedural order), the lawyer for each party to the proceeding must give to the party a written memorandum stating:
(a)
the actual costs (both paid and owing) of the party up to and including the first day of the hearing (including any costs paid or payable to an expert); and
(b)
the costs payable for each day of the hearing; and
(c)
the estimated length of the hearing.
6Notification to court and other party of costs
(1)
At the directions hearing or case conference, first conciliation conference, pre-hearing conference and final hearing in a defended proceeding, the lawyer for a party must give the court or Registrar, and each other party to the proceeding, a copy of the memorandum of costs given to the party under this Division.
(2)
At the directions hearing or case conference, first conciliation conference, pre-hearing conference and final hearing in a proceeding, an unrepresented party or separate representative must give the court or Registrar, and each other party to the proceeding, a statement of the actual costs incurred by the party or separate representative up to and including that stage of the proceeding and of the estimated future costs up to the conclusion of the final hearing.
(3)
The memorandum or statement of costs referred to in subrule (1) or (2) must be accompanied by a statement of the source of the funds for the costs paid or to be paid, unless, where the source is a third party, the court or Registrar directs that the source not be disclosed to the other party to the proceeding.
(4)
The court or Registrar must return the copy of the memorandum or statement of costs to the lawyer, the unrepresented party or the separate representative, after the directions hearing or case conference, conciliation conference, pre-hearing conference or final hearing.
Division 3Lawyer’s fees and disbursements
7Division subject to costs agreement
Subject to rule 10, 15 and 21, this Division does not apply to a charge, as between lawyer and client, that a lawyer may make for work done for a proceeding if:
(a)
the lawyer has entered into a costs agreement with the client; and
(b)
the costs agreement has not been set aside.
8Proper costs
(1)Unless the court otherwise orders, a lawyer may charge for work done for a proceeding:
(a)
fees for performing the work of a solicitor that are not more than the amount calculated using the scale of fees in Part 1 of Schedule 2; and
(b)
disbursements (including the fees of a lawyer engaged as counsel) properly incurred for the proceeding.
(2)Unless the court otherwise orders, a lawyer performing the work of a solicitor for a proceeding heard by a court of summary jurisdiction must not charge for the work a fee that is more than 80% of the amount that may be charged for the work in accordance with the scale of fees in Part 1 of Schedule 2.
9Additional charge for skill etc
In addition to the fees that may be charged under rule 8 for work done for a proceeding, a lawyer performing the work of a solicitor may charge a fee calculated on the basis of:
(a)
the complexity of the proceeding; or
(b)
the difficulty or novelty of the matters raised in the proceeding; or
(c)
the special skill, knowledge or responsibility required of, or the demands placed on, the lawyer by the client or the proceeding; or
(d)
the amount or value of the property or financial resource involved in the proceeding; or
(e)
the importance of the proceeding to the client; or
(f)
any other relevant matter.
10Work not reasonably required for proceeding
(1) A lawyer must not charge costs for:
(a)
a kind, or amount, of work not reasonably required to be done for a proceeding; or
(b)
work done for the administration of the lawyer’s office; or
(c)
preparing documents not reasonably required for the conduct of the proceeding.
(2)
However, a lawyer may charge for work, or recover the cost of a disbursement, if:
(a)
a client instructs the lawyer to:
(i)
do work for a proceeding; or
(ii)
incur a disbursement of a particular kind or amount; and
(b)
the lawyer advises the client that:
(i)
the work is not reasonably required to be done; or
(ii)
the disbursement is not reasonably required to be incurred; and
(c)
in accordance with the client’s instruction, the lawyer does the work, or incurs the disbursement.
11Charge for each page
(1)A lawyer must not charge an amount for a page of a court document prepared for a proceeding unless the page complies with the requirements for documents specified in Order 2, rule 2.
(2)In addition, the lawyer may only charge the amount specified in column 3 of an item in Schedule 2 for a page of a court document, or other written material, if the page:
(a)
contains at least 300 words (excluding material that is part of a prescribed form and material that could have been omitted from a document prepared in accordance with a prescribed form); or
(b)
is the whole of a document that is required by these Rules to be set out on a single sheet of paper.
(3)If a page is not of a kind described in paragraph (2) (a) or (b), the lawyer may charge an amount calculated on the folio basis set out in column 3 of Schedule 2 for the page.
12Copying, postage within Australia and local telephone calls
(1)The charge for producing a typed or mechanically printed document (including a letter) specified in column 3 of item 3 in Schedule 2 includes an allowance for:
(a)
preparing one file copy of the document; and
(b)
postage of the document within Australia.
(2) An amount paid for:
(a)
a local telephone call; or
(b)
postage within Australia;
is not a disbursement properly incurred for a proceeding.
13Lawyer and client costs — lawyer acting as counsel

(1)
This rule applies to costs as between lawyer and client.
(2)
Fees (including for time spent by a lawyer performing the work of a solicitor in accordance with rule 17) paid, or to be paid, to a lawyer acting for a party to a proceeding performing the work of both counsel and solicitor are properly incurred if:
(a)
either:
(i)
the proceeding was heard by the Full Court; or
(ii)
in any other case — it was reasonable to brief a lawyer to appear as counsel in the proceeding; and
(b)
the fees are reasonable, and do not exceed the amount otherwise payable under these Rules for a lawyer performing the work of counsel in the proceeding.
14Preparation of appeal papers
In calculating an amount payable under item 7 in Schedule 2 (preparation of appeal papers in a lawyer’s office), the lawyer must not charge at a rate that exceeds commercial rates for copying and binding.
15Costs for proceeding not instituted together
(1) If:
(a)
a lawyer commences a proceeding on behalf of a client; and
(b)
the proceeding could reasonably have been commenced:
(i)
at the same time as another proceeding between the same parties; and
(ii)
in the same court as the other proceeding; and
(c)
the proceeding was not commenced at that time in that court;
the lawyer may charge for work done for all the proceedings only the amount that the lawyer could have charged if the lawyer had commenced all the proceedings at the same time in the same court.
(2) Subrule (1) does not apply if:
(a)
the lawyer advised the client of the likely costs of:
(i)
commencing the proceeding at the same time and in the same court as the other proceeding; and
(ii)
conducting the proceeding separately; and
(b)
the lawyer commenced the proceeding separately in accordance with instructions from the client.
16Work done by employees etc
In calculating the fee that a lawyer may charge for work done for a proceeding, work done is taken to have been done by the lawyer if the work was done by:
(a)
a partner of the lawyer; or
(b)
another lawyer employed by the lawyer.
17Waiting and travelling time
(1)
A lawyer may charge an amount for time reasonably spent attending court to perform the work of a solicitor for the hearing of a proceeding if the lawyer:
(a)
was at court waiting for a hearing, a conciliation conference or a pre-hearing conference:
(i)
to commence after the due time for commencement of the hearing; or
(ii)
to resume after the due time for resumption of the hearing; or
(b)
was travelling to or from court.
(2)
However, the lawyer must not charge an amount for time spent travelling to or from court that exceeds 2 hours per day, unless the circumstances, or the client’s instructions, justify charging for the additional time.
(3)
A lawyer who attends court to perform the work of a solicitor for the hearing of 2 or more proceedings may charge, for each proceeding, an amount that is reasonable, having regard to the time spent at each hearing:
(a)
travelling to or from court; or
(b)
waiting for each hearing to commence or resume.
(4)However, the total amount charged under this rule for all proceedings must not exceed the amount that may be charged under Part 1 of Schedule 2 for one proceeding.
18Agent’s fees
Fees paid to a lawyer acting as the agent of a lawyer for a party to a proceeding, in performing the work of a solicitor, are disbursements properly incurred for the proceeding only so far as the fees:
(a)
do not exceed the amount that the lawyer for the party would have been entitled to charge the client if the lawyer had done the work personally; or
(b)
are incurred in accordance with the client’s instructions to the lawyer for the party, or the lawyer’s agent, acknowledging the likely additional cost (if any) of the matter being undertaken by the lawyer’s agent.
19Expenses for attendance by witness
An amount paid, or to be paid, by a lawyer for attendance by a witness at a hearing of a proceeding is a disbursement properly incurred for the proceeding if:
(a)
the attendance was reasonably required for the proceeding; and
(b)
the amount:
(i)
is reasonable; or
(ii)
is authorised by the client; or
(iii)
is authorised, or approved, by the court.
20Expenses for preparation of report by expert
An amount paid by a lawyer to an expert for the preparation of a report for a party, or a child’s representative, is a disbursement properly incurred for a proceeding if:
(a)
the report was reasonably required for the conduct of the proceeding; and
(b)
the amount:
(i)
is reasonable; or
(ii)
is authorised by the client; or
(iii)
is authorised, or approved, by the court.
21Costs improperly or negligently incurred
A lawyer must not charge, for work done for a proceeding, an amount for costs if the costs were improperly or negligently incurred by the lawyer.
22Undefended proceeding for dissolution of marriage — basic composite amount
The lawyer for an applicant in an undefended proceeding for a decree of dissolution of marriage may charge for costs the appropriate amount set out in Part 3 of Schedule 2.
Division 4Fees for counsel’s work
23Party and party costs — fees for lawyer briefed as counsel
(1)This rule does not apply to costs as between lawyer and client.
(2)Fees paid, or to be paid, to a lawyer performing the work of counsel for a person in a proceeding are properly incurred if:
(a)
either:
(i)
the proceeding was heard by the Full Court; or
(ii)
in any other case — it was reasonable to brief a lawyer to appear as counsel in the proceeding; and
(b)
the fees do not exceed the amount otherwise payable under these Rules for work of counsel.
(3)A reading fee for a lawyer performing the work of counsel is not properly incurred unless:
(a)
the matter is unusually complex; or
(b)
the amount of material involved is particularly large; or
(c)
the fee is in accordance with a costs agreement.
(4)The amount payable to a lawyer performing the work of counsel must not exceed an amount calculated, as the case requires, in accordance with:
(a)
Part 2 of Schedule 2; or
(b)
any relevant provision of this Order.
(5)
However, for a proceeding before a court of summary jurisdiction, the amount payable to a lawyer performing the work of counsel may include fees for the matters referred to in item 13 or item 14 of Part 2 of Schedule 2 only.
(6)If a daily fee in respect of the appearance of a lawyer is payable in accordance with Part 2 of Schedule 2, no additional amount is payable for work done for the proceeding by the lawyer on any day in respect of which the daily fee applies.
24Lawyer and client costs — fees for lawyer briefed as counsel
(1)
This rule applies to costs as between lawyer and client and is subject to any costs agreement relating to the costs.
(2)
Fees paid, or to be paid, to a lawyer performing the work of counsel for a party to a proceeding are properly incurred if:
(a)
either:
(i)
the proceeding was heard by the Full Court; or
(ii)
in any other case:
(A)
it was reasonable to brief a lawyer to appear as counsel in the proceeding; or
(B)
the client requested that a lawyer be briefed to appear as counsel in the proceeding; and
(b)
the fees:
(i)
are reasonable and do not exceed the amount otherwise payable under these Rules for counsel to appear in the proceeding; or
(ii)
were authorised by the client before the appearance by the lawyer.
(3)However, a reading fee for a lawyer performing the work of counsel is not properly incurred, unless:
(a)
the matter is unusually complex; or
(b)
the amount of material involved is particularly large.
25Certificate that reasonable to brief lawyer as counsel
The court, Judicial Registrar, or Registrar, before whom a proceeding is heard may certify that it was reasonable to brief a lawyer to appear as counsel (including senior counsel) for a person in the proceeding.
Division 5Lawyer and client agreements
26Agreements as to costs
(1)
A lawyer may enter into an agreement with a client of the lawyer relating to the costs to be charged by the lawyer for work done for a proceeding.
(2)A costs agreement must be fair and reasonable.
(3) A costs agreement must:
(a)
be in writing; and
(b)
be signed by both the lawyer and the client.
(4)At the time of, or within a reasonable time after, entering into a costs agreement, a lawyer must:
(a)
provide each other party to the costs agreement with a copy of a pamphlet, prepared by the Principal Registrar, that summarises the main effects of this Order; and
(b)
advise each other party to the costs agreement of the availability of independent legal advice concerning the costs agreement.
(5)
The court, or a Judicial Registrar, may set aside a costs agreement if subrule (2), (3) or (4) is not complied with.
27Validity and effect of costs agreements
(1)A party to a costs agreement may apply to a Family Court for an order:
(a)
confirming, varying or setting aside the costs agreement; or
(b)
determining any question relating to the validity or effect of the costs agreement.
(2)If an application is made under subrule (1), a Judge or a Judicial Registrar may make:
(a)
the order sought; or
(b)
any other order that the Judge or Judicial Registrar thinks fit.
28Costs to be in accordance with costs agreement
(1)This rule is subject to any order made under rule 27.
(2)A lawyer must not charge an amount for costs that exceeds the amount that may be charged under a costs agreement entered into by the lawyer.
(3)
However, if the costs agreement has been set aside, the lawyer may charge an amount for costs that is in accordance with this Order.
Division 6Costs orders
29Application for costs order
An application for a costs order may be made:
(a)
at any stage of a proceeding; or
(b)
within 28 days after the date on which the relevant decree in the proceeding was made; or
(c)
within any further time allowed by the court.
30Assessment of costs
(1)If the court proposes to make a costs order, the court may assess the amount of costs or security for costs to be paid under the order.
(2)
For its assessment, the court may obtain, from the person in whose favour the costs order is to be made, an estimate of the person’s costs in the proceeding.
(3)The court may make any of the following costs orders:
(a)
an order that a specific amount be paid by one person to another person;
(b)
an order that the costs payable be taxed;
(c)
an order that the costs be paid by a person;
(d)
an order for security for costs.
(4)In ordering a taxation of costs under paragraph (3) (b), the court may give to the taxing officer any directions that the court thinks fit.
(5)If the court makes a costs order, the court may:
(a)
require the costs to be paid without delay, even if the proceeding is not concluded; and
(b)
specify in the order any other terms and conditions relating to the payment of the costs.
31Unquantified costs
(1)A person is entitled to be paid taxed costs if:
(a)
the court orders unquantified costs to be paid to the person; or
(b)
the proceeding is dismissed with costs; or
(c)
an application is refused with costs; or
(d)
the person is otherwise entitled under these Rules to be paid unquantified costs.
(2)The costs may be taxed without any other order directing taxation.
32Costs order for specific amount instead of taxed costs
If the court makes a costs order under which costs are to be paid to a person, the court may also order that, in respect of the whole or any part of the costs specified in the order, the person is entitled, instead of taxed costs, to:
(a)
a proportion of the amount specified in the order of taxed costs; or
(b)
the taxed costs from, or up to, a stage of the proceeding specified in the order; or
(c)
a gross amount specified in the order; or
(d)
an amount to be calculated in a manner directed by the court.
33Costs order for proceeding in other courts
(1)This rule applies to a proceeding in the Family Court that:
(a)
has been transferred from another court; or
(b)
is on appeal from a decision of another court.
(2)The Family Court may make a costs order in respect of the proceeding before the other court.
(3) The costs order may:
(a)
specify the amount to be allowed in respect of the whole or part of the costs; or
(b)
order that the whole or part of the costs be taxed in accordance with this Order; or
(c)
order that the whole or part of the costs be taxed, or otherwise quantified, in accordance with the costs rules of the other court.
34Disallowance of certain costs
At a hearing, or on an application, and whether or not objection is taken, the court may:
(a)
if costs have been improperly, unreasonably or negligently incurred — direct that the costs be disallowed; or
(b)
direct the taxing officer to examine the costs incurred, and disallow any costs that the taxing officer finds have been improperly, unreasonably or negligently incurred.
35Costs orders against lawyers
(1)The court or a Registrar may make a costs order against a lawyer if the lawyer, or an employee or agent of the lawyer, has caused costs:
(a)
to be incurred by a party or another person because of improper or unreasonable conduct; or
(b)
to be thrown away because of undue delay, negligence or any other misconduct or default.
(2)Without limiting the generality of paragraph (1) (b), a lawyer may be in default if it is not possible for a hearing to proceed conveniently because the lawyer has unreasonably failed to:
(a)
attend the hearing personally, or send another person to attend the hearing on behalf of the lawyer; or
(b)
file, lodge or deliver a document that should have been filed, lodged or delivered; or
(c)
prepare any proper evidence or information; or
(d)
do any other act necessary for the hearing to proceed.
(3)An application for a costs order against a lawyer may be made by:
(a)
a party to the proceeding; or
(b)
a person who has incurred costs because of the lawyer’s improper or unreasonable conduct; or
(c)
a person who has incurred costs thrown away because of the lawyer’s undue delay, negligence or other misconduct or default.
(4)A costs order against a lawyer may be made on the motion of the court or Registrar.
(5)A costs order against a lawyer may provide that:
(a)
the whole or any part of the costs between the lawyer and the party be disallowed; or
(b)
the lawyer pay the whole or any part of the costs incurred by another person; or
(c)
the lawyer pay to the party, or the other person, the whole or any part of the costs that the party has been ordered to pay to the other person.
(6)Before making a costs order against a lawyer:
(a)
the court or Registrar must give the lawyer, and any person who may be affected by the decision, a reasonable opportunity to be heard; and
(b)
the court or Registrar may order that notice of the costs order, or of any proceeding against the lawyer, be given, as directed by the court or Registrar, to:
(i)
a party for whom the lawyer may be acting; or
(ii)
any other person.
Division 7Accounts and bills
36Notice of rights
(1)A lawyer must serve a notice of rights on a person (except a legal aid body or another lawyer acting for a client in the proceeding) who is liable to pay the costs of work done for a proceeding.
(2) A notice of rights must:
(a)
be in a form approved by the Principal Registrar; and
(b)
contain a statement to the effect that, in accordance with this Division, the person on whom it is served may:
(i)
if an account payable by the person is not in the form of a bill — request a bill; and
(ii)
dispute the bill, or part of it, by filing a notice in accordance with Form 57.
(3)A lawyer is not required to serve more than 1 notice of rights if each account rendered in the course of the proceeding, after the notice of rights was served, includes an endorsement referring to the notice of rights.
37Steps before costs may be recovered
(1)
If a lawyer has not served an account, the lawyer must serve one within 28 days after receiving a request from the person who has paid or is liable to pay the costs, or within such further time as the court allows.
(2)
A lawyer must not commence or continue a proceeding to recover costs from a person unless:
(a)
the lawyer has served on the person an account and, if applicable, a notice of rights, and no request for a bill has been made in accordance with rule 38 or 39; or
(b)
if a bill has been served on the person:
(i)
no notice disputing the bill has been served in accordance with rule 42; or
(ii)
a notice disputing the bill has been determined or withdrawn.
38Requesting and serving bill of costs — lawyer and client
(1)
A person who has paid or is liable to pay costs between lawyer and client (whether or not under a costs agreement) may request the lawyer to serve a bill:
(a)
no later than 28 days after receiving an account and, if applicable, a notice of rights; or
(b)
within such further time as the court allows.
(2)
If a lawyer receives a request for a bill under this rule, the lawyer must serve the bill within 28 days after receiving the request or within such further time as the court allows.
39Requesting and serving bill of costs — party and party
(1)
A person liable to pay costs (except as between lawyer and client) may request a bill from the person entitled to receive the costs.
(2)
The person entitled to receive the costs must serve a bill within 28 days after receiving the request or within such further time as the court allows.
40Requirements of bill — Form 56
(1)A bill must be in accordance with Form 56.
(2) The bill must specify:
(a)
each item of work for which costs are payable, including whether the work was done:
(i)
by a lawyer; or
(ii)
by an employee or agent of a lawyer; and
(b)
each disbursement claimed, including:
(i)
the name of the person to whom the disbursement was paid; and
(ii)
the nature of the disbursement; and
(c)
the amount payable for each item; and
(d)
the date on which each item occurred; and
(e)
any amount received or credited in respect of the costs.
(3)
Each item of work and each disbursement must be distinctively numbered.
(4)Each item of work must contain sufficient detail to enable the bill to be taxed.
41Amendment of bill
(1)A lawyer may, without leave, amend a bill that is to be taxed.
(2)An amendment may be made at any time before the commencement of the taxation hearing in relation to the bill.
(3)Each amendment must be clearly indicated on the page of the bill being amended.
(4)If a lawyer amends a bill, the lawyer must:
(a)
file a copy of each amended page; and
(b)
serve a copy of each amended page on the person who is liable to pay the costs.
Division 8Disputing a bill
42Notice disputing bill — Form 57
(1)A person who is served with a bill may dispute an item in the bill by filing:
(a)
a copy of the bill; and
(b)
a notice disputing the bill.
(2) The notice must:
(a)
be in accordance with Form 57; and
(b)
identify each item in dispute; and
(c)
state the grounds of objection in respect of each item in dispute; and
(d)
in respect of each item in dispute:
(i)
state that the person giving the notice considers that no amount of costs is payable; or
(ii)
specify the amount of costs that the person giving the notice considers is reasonable.
(3)
A copy of the notice must be served on the person on whose behalf the bill was served.
(4)
The notice must be filed and served within 28 days after the later of:
(a)
the day when the bill is served; and
(b)
the day when the notice of rights, if applicable, is served.
Division 9Taxing a bill
43Taxing officers
(1)
All Registrars are appointed as taxing officers.
(2)
Each taxing officer is to assist each other taxing officer.
44Fixing of taxation hearing
If a notice disputing a bill is filed under rule 42, the taxing officer must:
(a)
fix, for a taxation hearing or pre-taxation conference in relation to the bill, a date that is at least 14 days after the notice is filed; and
(b)
endorse on the notice:
(i)
the date of the hearing or conference; and
(ii)
the place at which the hearing or conference is to take place.
45Certificate of taxation — no notice of dispute
(1)
The taxing officer may issue a certificate of taxation to a person who is entitled to be paid costs if:
(a)
the person has filed:
(i)
a bill; and
(ii)
an affidavit stating that the bill and, if required by this Order, a notice of rights were served on the person liable to pay the costs; and
(iii)
an affidavit specifying the amount (if any) that has been received or credited in respect of the costs; and

(b)
the person liable to pay the costs has not filed and served a notice disputing the bill in accordance with subrule 42 (2); and
(c)
the time for filing and serving a notice disputing the bill has expired.
(2)If the taxing officer issues a certificate of taxation, the person who served the bill must serve, as soon as practicable, a copy of the certificate on each person from whom costs are sought.
46Certificate of taxation — Form 58
A certificate of taxation must be in accordance with Form 58.
47Disputed taxation hearing
(1)At a taxation hearing in relation to a bill that is disputed, a taxing officer must:
(a)
determine the amount (if any) taxed off in respect of each item of the bill identified in the notice disputing the bill; and
(b)
determine the total amount payable for the costs of the taxation; and
(c)
calculate the total amount payable in respect of the costs and disbursements allowed; and
(d)
determine the total amount (if any) of costs paid or credited; and
(e)
calculate the total amount payable for costs.
(2)At the completion of the taxation hearing, the taxing officer must issue a certificate of taxation to each party to the taxation who:
(a)
is present at the hearing; or
(b)
is represented at the hearing by a lawyer.
48Powers of taxing officers
(1)For the purpose of taxing a bill, a taxing officer may do any of the following:
(a)
summon a witness to appear;
(b)
examine a witness;
(c)
require a person to file an affidavit;
(d)
administer an oath;
(e)
direct, or require, that a book, paper or document be produced;
(f)
issue a separate or interim certificate of taxation;
(g)
adjourn the taxation hearing;
(h)
do, or direct another person to do, any other act that is:
(i)
required to be done under these Rules; or
(ii)
directed to be done by the court or a Registrar;
(i)
issue a certificate by consent.
(2)A taxing officer may refer to the court, for the direction of the court, any question arising in the taxation of a bill.
49Taxation principles
Subject to rule 50, a taxing officer must tax a bill in accordance with:
(a)
this Order; and
(b)
any relevant costs agreement; and
(c)
any relevant orders of a court or a Registrar.
50Agreement between lawyer and legal aid body
If a lawyer has made an agreement with a legal aid body in relation to the lawyer’s costs of acting for a client in a proceeding, the taxing officer must tax the lawyer’s bill for work done for the proceeding in accordance with:
(a)
the agreement; and
(b)
to the extent that they are not inconsistent with the agreement:
(i)
the principles in this Order; and
(ii)
any relevant orders of a court or a Registrar.
51Costs to be allowed on taxation
(1)
This rule is subject to rules 49 and 50.
(2)A lawyer’s bill for the amount due under a costs agreement that has not been set aside must be taxed in accordance with the costs agreement as varied by any order under rule 27.
(3)
A taxing officer must allow all fees, disbursements, charges and expenses that, in the opinion of the taxing officer, appear reasonable in seeking a fair and equitable outcome in the proceeding.
(4)
In taxing costs as between party and party, a taxing officer must not allow costs that were incurred as a result of:
(a)
improper, negligent, unnecessary or unreasonable conduct by the lawyer or a party; or
(b)
payment of any other unusual expense.
52Exercise of discretion
(1)Unless otherwise provided in this Order, a fee or allowance that is discretionary may be allowed at the discretion of a taxing officer.
(2)In the exercise of the taxing officer’s discretion, the taxing officer must take the following matters into consideration:
(a)
any other fees and allowances to the solicitor and counsel in respect of work to which a fee or allowance applies;
(b)
the complexity of the proceeding;
(c)
the amount or value of the property or financial resource involved;
(d)
the importance of the proceeding to the client;
(e)
the difficulty or novelty of the matters raised in the proceeding;
(f)
the special skill, knowledge or responsibility required, or the demands made, of the solicitor and counsel by the proceeding;
(g)
the general conduct and cost of the proceeding;
(h)
any other relevant matter.
53Allowance for matters not specified
A taxing officer may allow a sum that the taxing officer thinks is reasonable, having regard to all the circumstances of the case, for work properly performed:
(a)
that is not specifically provided for in Schedule 2; and
(b)
in respect of which the taxing officer thinks an allowance should be made.
54Costs improperly, unreasonably or negligently incurred
If the issue of whether costs have been improperly, unreasonably or negligently incurred has not been raised and dealt with by the court, a taxing officer must:
(a)
consider the issue as if the court had made a direction under paragraph 34 (b); and
(b)
disallow any costs that the taxing officer finds have been improperly, unreasonably or negligently incurred.
55Taxation on party and party basis — counsel’s fees
(1)A taxing officer may allow the costs of briefing more than 1 counsel even if no counsel is one of Her Majesty’s Counsel or Senior Counsel.
(2)A taxing officer must not allow costs for the attendance of counsel before the taxing officer, unless:
(a)
the taxing officer considers that the attendance was reasonable; or
(b)
the court otherwise orders.
56Neglect or delay before taxing officer
(1)
This rule applies if, in a proceeding before a taxing officer, a party:
(a)
is guilty of neglect or delay; or
(b)
puts another party to improper expense.
(2)
The taxing officer may:
(a)
certify:
(i)
the costs of the other party; and
(ii)
the refusal or neglect of the party who is guilty of neglect or delay; or
(b)
allow a nominal or other sum to the party who is guilty of neglect or delay.
57Costs of taxing a bill
(1)
Unless a taxing officer orders otherwise, each party to a taxation must pay his or her costs of the taxation.
(2)If a taxing officer orders a person to pay the whole, or a part, of another person’s costs in relation to the taxing of a bill, the taxing officer must determine the amount payable by the person before issuing a certificate of taxation.
58Certificate of taxation to be judgment for debt
(1)The total amount payable for costs specified in a certificate of taxation is:
(a)
immediately due and payable; and
(b)
recoverable in any court of competent jurisdiction;
as if the certificate were a judgment for a debt of the amount specified in the certificate.
(2)Order 31, rule 6 (which deals with rectification of an error contained in a decree) applies to a certificate of taxation as if it were a decree.
Division 10Review of taxation
59Interpretation
In this Division:
application for review means an application for review of:
(a)
the taxation of a bill; or
(b)
a decision by a taxing officer in relation to the taxation of a bill.
60Review of taxation
The taxation of a bill, or a decision by a taxing officer in relation to the taxation of a bill, is reviewable:
(a)
if the taxation was conducted by a Registrar of a Family Court — by a Judge; or
(b)
in any other case — by a Magistrate.
61Time for filing application for review
An application for review must be filed:
(a)
within 14 days after the certificate of taxation in relation to the bill is issued; or
(b)
on or before a later date fixed by the court or the taxing officer.
62Further evidence
Unless the court otherwise orders, a party must not give further evidence at the hearing of an application for review.
63Issues that may be raised at hearing of review
A party must not raise an issue at the hearing of an application for review, unless the issue:
(a)
was identified in a valid notice disputing the bill; or
(b)
concerns the costs of taxing the bill; or
(c)
concerns an alleged error of calculation in, or omission from, the taxation of the bill; or
(d)
concerns an alleged error of law or fact by the taxing officer.
64Powers of court
(1)Subject to rule 62, at the hearing of an application for review, the court may exercise all the powers and discretions of the taxing officer in relation to the subject matter of the review.
(2)In particular, the court may do any of the following:
(a)
confirm the certificate of taxation;
(b)
set the certificate aside and order a revised certificate to be issued;
(c)
order that any question be referred to:
(i)
the taxing officer whose decision is the subject of the review; or
(ii)
another taxing officer;
(d)
make any other order that the court thinks fit.

[44]Order 40, rule 4, heading

substitute
4Form of bond

[45]Order 41, paragraphs 6 (2) (b) and (3) (b)

substitute
(b)
set out the corporation’s ABN after the name of the corporation.

[46]Schedule 1, Form 36, important notice

omit
comply, together with any other penalty the court may impose under s112AD of the Family Law Act.
insert
comply.
You may also be subject to other orders, including penalties in some circumstances, if an application is brought against you for failing to obey the subpoena.

[47]Schedule 1, Form 42C

substitute

Form 42CShort reasons for decision

(Order 32, rule 18A)

Appeal Proceedings

Short reasons for decision

File number	Appellant(s)
At	Respondent(s)

The appeal is dismissed [insert particulars of any costs order]

The Court/Full Court is of the opinion that the appeal does not raise any question of general principle.

The Court’s reasons in short form are: [set out short reasons]

Date:

[48]Schedule 1, Form 49, notice to respondent

substitute

Notice to respondent

Name of respondent:
Address:
The applicant alleges that you have contravened an order affecting children.
You must attend the Court for the hearing specified in box C above.
If the allegations are proved and you do not prove you had a reasonable excuse, the Court may require you to attend a post-separation parenting program and/or order compensatory contact, or, in certain circumstances, the Court must imprison you, fine you, make a community service order against you or place you on a bond.
If you do not attend the hearing:

•

a warrant may be issued for your arrest; or

•
the hearing may proceed and an order may be made against you in your absence.
You should seek legal advice about these proceedings urgently.

[49]Schedule 1, Form 56

omit
Order 38, rule 42
insert
Order 38, rule 40

[50]Schedule 1, Form 57

substitute
Form 57Notice disputing bill of costs
(Order 38, rule 42)

[ name of court] Notice disputing bill of costs Form 57 — Family Law Rules Order 38, rule 42 ◊ Type or print clearly ◊ Cross boxes where applicable	Fill in box A (file numbers)
	A File number
	B Filed at Filed on
	C Taxation/pre-taxation conference* Place Date Time

*delete if inapplicable

Notice to parties

•
The person named in item 1 below disputes items in the bill of costs.
•
An appointment has been fixed with a taxing officer — for details see box C above.
•
You or your lawyer may attend the appointment. If you or your lawyer do not attend, the bill may be taxed in your absence.
•
At the appointment there may be further attempts to agree on the matters in dispute.

Details of parties
1 Person(s) disputing the bill	family name (surname)		given names
2 Postal address for	send to lawyer in item 3 c other c give details:
service of documents	postcode tel ( ) fax ( )
3 Lawyer for person(s) in item 1: name firm name address phone/fax/DX	postcode tel ( ) fax ( ) DX and suburb/town
4 Name(s) of person(s) or firm claiming the costs
5 Date of bill and date it was served on person(s) in item 1	Date of bill: Date of service:
6 Give the grounds of dispute and the amount you offer for each item disputed in the bill give each disputed item the same number it has in the bill – attach an extra page if you need more space	Item number grounds of dispute amount offered ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ……………… ……………. …………………… ………………
Signature
Signed		Date
person (s) in item 1 c lawyer c
This notice was prepared by: person (s) in Item 1 c lawyer c
(print name if lawyer)

[51]Schedule 1, Form 58, heading

omit
(Order 38, rule 50)
insert
(Order 38, rule 46)

[52]Schedule 1, Form 58, head of form

omit
Order 38 rule 50
insert
Order 38, rule 46

[53]Schedule 1, Form 58, certificate

omit
Order 38 rule 49
insert
Order 38, rule 45

[54] Schedule 1, Form 58, certificate

omit
Order 38 rule 51
insert
Order 38, rule 47

[55]Schedule 1, Form 59, heading

substitute
Form 59Bond
(Order 40, rule 4)

[56]Schedule 1, Form 59

omit
19
insert
20

[57]Schedule 2, Part 1, heading

substitute
Part 1Fees for solicitor’s work done

[58]Schedule 2, item 9

omit
a solicitor on
insert
a lawyer on

[59]Schedule 2, Part 2, heading

substitute
Part 2Fees for counsel’s work done

[60]Schedule 2, items 17 and 18

omit
solicitor employed another solicitor or counsel
insert
lawyer employed another lawyer

[61]Schedule 2, items 19 and 20

omit
solicitor did not employ another solicitor or counsel
insert
lawyer did not employ another lawyer

[62]Further amendments — lawyer

Provision	omit each mention of	insert
Order 2, subrule 7 (3)	legal representative,	lawyer,
Order 4, subrules 7 (1), (1A) and (2)	legal practitioner.	lawyer.
Order 12, paragraph 3 (c)	his legal representative	the respondent’s lawyer
Order 16, subrule 6 (1)	legal practitioner	lawyer
Order 16, subrule 6 (1)	legal practitioner’s	lawyer’s
Order 18, paragraph 9 (1) (e)	solicitor’s firm	lawyer
Order 18, paragraph 9 (1) (e)	solicitor or firm	lawyer
Order 18, paragraph 10 (1) (d)	solicitor’s firm	lawyer
Order 18, paragraph 10 (1) (d)	solicitor or firm	lawyer
Order 18, subrule 14 (2)	solicitor.	lawyer.
Order 18, subrule 14 (3)	solicitor	lawyer
Order 24, paragraph 1 (2) (b)	legal practitioner	lawyer
Order 26A, paragraph 7 (3) (a)	solicitor;	lawyer;
Order 26A, rule 7, note	legal practitioner,	lawyer,
Order 26A, rule 7, note	practitioner	lawyer
Order 26A, rule 12	legal representatives,	lawyers,
Order 31, subrules 11 (1) and (2)	legal representative	lawyer
Order 36, subrule 6 (2)	legal practitioner	lawyer
Order 36, subrule 6 (2)	legal practitioner,	lawyer
Order 37, subrule 1 (1)	solicitor	lawyer
Order 37, subrule 1 (2)	solicitors,	lawyers,
Order 37, subrule 1 (2)	solicitor.	lawyer.
Order 37, subrules 1 (3), (5), (6) and (7)	solicitor	lawyer
Order 37, subrule 1 (7)	solicitor’s	lawyer’s
Order 37, rule 2	legal practitioner	lawyer
Schedule 1, Form 58	solicitor	lawyer
Schedule 1, Form 58	Solicitor	Lawyer
Schedule 2, items 7, 8A and 8B	solicitor’s	lawyer’s
Schedule 2, item 10	solicitor	lawyer

[63]Further amendments — bond

Provision	omit each mention of	insert
Order 31, rule 5	recognizances	bonds
Order 33, paragraph 2 (1) (g)	recognisance;	bond;
Order 33, subrule 2 (3)	recognizance,	bond,
Order 33, subrule 2 (9)	recognizance	bond
Order 33, subrule 3 (1)	recognizance,	bond,
Order 33, subrule 3 (4)	recognizance	bond
Order 34, paragraph 10 (b)	recognizance	bond
Order 34, paragraph 11 (d)	recognizance	bond
Order 35, paragraph 13 (b)	recognizance	bond
Order 40, rule 4	recognizance	bond

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 Nos. 61, 118 and 279; 2000 Nos. 172 and 190; 2001 Nos. 1 and 19.
2. Notified in the Commonwealth of Australia Gazette