Family Law Amendment Rules 2004 (No. 2) (Cth)

Family Law Amendment Rules 2004 (No. 2)1

Statutory Rules 2004 No. 532

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

Dated 23 March 2004

ALASTAIR NICHOLSON C.J.

N.J. BUCKLEY

J.V. KAY

MICHELLE MAY

K.A. MURRAY

RODERICK JOSKE

JAMES BARRY

J. WILCZEK

G.R. MULLANE

N. MUSHIN

M.A. HANNON

SALLY BROWN

B. JORDAN

LINDA DESSAU

SUSAN MORGAN

ROD BURR

PAUL M. GUEST

HEATHER B. CARTER

P. ROSE

J.M. BOLAND

S. STRICKLAND

A.R. MONTEITH

PETER YOUNG

Judges of the Family Court

of Australia

A.M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

N. TOLCON

J.G. BARLOW

J. PENNY

Judges of the Family Court

of Western Australia

DAVID MONAGHAN

Acting Principal Registrar

Family Court of Western Australia

1Name of Rules

These Rules are the Family Law Amendment Rules 2004 (No. 2).

2Commencement

These Rules commence on 29 March 2004.

3Family Law Rules 1984 — repeal

The following Statutory Rules are repealed:

· 1984 No. 425

· 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, 19, 191 and 257

· 2002 Nos. 23, 151, 241 and 322

· 2003 Nos. 172 and 183

· 2004 No. 5.

4Transitional

1. (1)

   If:

   1. (a)

      a case was commenced in accordance with the 1984 Rules; and

   2. (b)

      the case not finally determined before the repeal of those Rules;

the case must be continued in accordance with the 2004 Rules.

1. (2)

   If:

   1. (a)

      an act or thing was done under the 1984 Rules before the repeal of those Rules; and

   2. (b)

      the act or thing is of a kind that could be done under the 2004 Rules;

the act or thing is taken to have been done under the 2004 Rules.

1. (3)

   If:

   1. (a)

      an obligation was incurred, or an undertaking was given, under the 1984 Rules before the repeal of those Rules; and

   2. (b)

      the obligation is of a kind that could be incurred, or the undertaking is of a kind that could be given, under the 2004 Rules;

the obligation is taken to have been incurred, or the undertaking is taken to have been given, under the 2004 Rules.

1. (4)

   If:

   1. (a)

      an act or thing was required to be done under the 1984 Rules before the repeal of those Rules; and

   2. (b)

      the act or thing was not done before the repeal of those Rules; and

   3. (c)

      the act or thing is of a kind that is required to be done under the 2004 Rules;

the act or thing is taken not to have been done for the purposes of the 2004 Rules.

1. (5)

   The 2004 Rules do not operate to revive any period of time for doing an act or thing that was required to be done under the 1984 Rules, if the period had expired before the repeal of those Rules.

2. (6)

   If:

   1. (a)

      a period of time was running in relation to a matter under the 1984 Rules before the repeal of those Rules; and

   2. (b)

      the period had not expired before the repeal of those Rules; and

   3. (c)

      the matter is of a kind to which the 2004 Rules apply;

the period continues to run as if the 1984 Rules had not been repealed.

1. (7)

   In this rule:

1984 Rules means the Family Law Rules 1984, as in force immediately before the commencement of these Rules.

2004 Rules means the Family Law Rules 2004.

case has the meaning given by the dictionary to the Family Law Rules 2004.

5Amendment of Family Law Rules 2004

Schedule 1 amends the Family Law Rules 2004.

Schedule 1Amendments of Family Law Rules 2004

(rule 5)

[1]Paragraph 13.16 (a)

omit

7

insert

21

[2]Subrule 15.30 (3)

omit

paragraph (1) (b).

insert

paragraph (1) (a).

[3]Subrule 20.18 (2)

omit

office

insert

officer

[4]Part 22.3, flow chart, second box

omit

14 days

insert

21 days

[5]Schedule 2, Form 2, Parts B and C

substitute

[6]Schedule 2, Form 11, Parts K and L

substitute

[7]Schedule 2, Form 13

substitute

Form 13Financial Statement

(rule 13.05)

[8]Schedule 2, Form 14, Part F

substitute

Notes

1. These Rules amend Statutory Rules 2003 No. 375.

2. Notified in the Commonwealth of Australia Gazette