Family Law Amendment Rules 2007 (No. 3) (Cth)

Family Law Amendment Rules 2007 (No. 3)¹

Select Legislative Instrument 2007 No. 366

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

Dated 18 December 2007

J. FAULKS DCJ

B. J. WARNICK

MICHELLE MAY

J. P. PARRY

G. R. MULLANE

N. MUSHIN

SALLY BROWN

S. R. O’RYAN

CHRISTINE E. DAWE

HEATHER B. CARTER

M. WATT

S. STRICKLAND

A. R. MONTEITH

JANINE STEVENSON

PETER YOUNG

E. M. O’REILLY

TIM CARMODY

J. M. RYAN

P. MURPHY

Judges of the Family Court

of Australia

A. M. FILIPPELLO

Principal Registrar

Family Court of Australia

S. E. THACKRAY

C. E. MARTIN

J. PENNY

J. CRISFORD

S. D. CROOKS

Judges of the Family Court

of Western Australia

DAVID MONAGHAN
Principal Registrar
Family Court of Western Australia

Name of Rules

These Rules are the Family Law Amendment Rules 2007 (No. 3).

Commencement

These Rules commence on the day after they are registered.

Amendment of Family Law Rules 2004

Schedule 1 amends the Family Law Rules 2004.

Schedule 1 Amendments

(rule 3)

[1] Rule 2.02, table 2.2, item 2A, paragraph (b)

after

because

insert

subsection 60I (5) or

[2] Rule 2.02, table 2.2, item 10A

substitute

10A

Application — Contravention in which an order is sought under Part VII of the Act

(a) a certificate given to the applicant by the family dispute resolution practitioner under subsection 60I (8) of the Act; or

(b) if no certificate is required because subsection 60I (5) or paragraph 60I (9) (c) of the Act applies — an affidavit in a form approved by the Principal Registrar unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed

[3] Subrule 11.16 (3), note 2

after

Act

insert

and section 126E of the Evidence Act 1995

[4] Rule 17.03

omit

10.75%

insert

11.75%

[5] Rule 18.05, table 18.2, after item 11

insert

11A

section 67U

Power to make a recovery order in relation to a child

[6] Rule 18.05, table 18.2, after item 21

insert

21A

subsection 117 (2)

Power to make orders for security for costs associated with applications that are within the power of a Registrar to hear and determine

Note

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