Family Law Amendment Rules 2005 (No. 1) (Cth)

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Family Law Amendment Rules 2005 (No. 1)1

Select Legislative Instrument 2005 No. 148

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

Dated 7 June 2005

DIANA BRYANT C.J.

J. FAULKS D.C.J.

J.V. KAY

B.J. WARNICK

MICHELLE MAY

J.M. BOLAND

K.A. MURRAY

N.J. BUCKLEY

RODERICK JOSKE

JAMES BARRY

G.R. MULLANE

JOHN COHEN

N. MUSHIN

M.A. HANNON

SALLY BROWN

LINDA DESSAU

SUSAN MORGAN

CHRISTINE E. DAWE

JOHN STEELE

ROD BURR

PAUL M. GUEST

HEATHER B. CARTER

S. STRICKLAND

A.R. MONTEITH

M LE POER TRENCH

DONNA O’REILLY

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. PENNY

S. THACKRAY

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 2005 (No. 1).

2Commencement

These Rules commence on the day after they are registered.

3Amendment of Family Law Rules 2004

Schedule 1 amends the Family Law Rules 2004.

Schedule 1Amendments

(rule 3)

[1]Subrule 6.06 (2), note

substitute

Note The following are examples of when a person is entitled under the Act to intervene in a case without the court’s permission:

(a) subsection 79 (10) authorises a creditor of a party to a case who may not be able to recover his or her debt if an order is made under section 79, and a person whose interests would be affected by an order under section 79, to become a party to the case;

(b) section 91 of the Act and section 78A of the Judiciary Act 1903 authorise the Attorney-General to intervene in a case;

(c) section 92A of the Act authorises the people mentioned in subsection 92A (2) to intervene in a case without the court’s permission;

(d) section 145 of the Assessment Act authorises the Child Support Registrar to intervene in a case.

[2]Subrule 12.04 (1), note 2

substitute

Note 2 The orders the court may make at a procedural hearing include:

(a) an order that a party produce a specific document for inspection and copying by the other party before the conciliation conference in a property case (see rule 12.05 and subrule 13.22 (4));

(b) an order permitting a party to obtain an expert’s report; and

(c) an order that a party serve notice of the case on a person whose interests may be affected by the case.

[3]Paragraphs 12.04 (2) (b) and (c)

substitute

  1. (b)

    the agreed issues;

  2. (c)

    any person who may be entitled to become a party to the case; and

  3. (d)

    any relevant matters relating to the main purpose of these Rules (see rule 1.04).

[4]After rule 14.06

insert

14.07Notice about intervention under Part VIII of Act

If a person applies for an order under Part VIII of the Act, the person may serve a written notice on a person who may be entitled to become a party to the case under subsection 79 (10) of the Act:

  1. (a)

    stating that the person to whom the notice is addressed may be entitled to become a party to the case under subsection 79 (10) of the Act;

  2. (b)

    attaching a copy of the application for the order sought; and

  3. (c)

    stating the date of the next relevant court event.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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