Family Law Regulations (Amendment) (Cth)
REGULATIONS UNDER THE FAMILY LAW ACT 1975*
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated this twenty-eighth day of September 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
P. DURACK
Attorney-General
AMENDMENTS OF THE FAMILY LAW REGULATIONS
(2) The remaining provisions of these Regulations shall come into operation on 1 November 1977.
(a) by omitting from the definition of “Principal Registrar ” in sub-regulation (1) “ Registrar of the Principal Registry ” and substituting “ Principal Registrar ”;
(b) by omitting from sub-regulation (1) the definition of “ stamped envelope ”; and
(c) by omitting from sub-regulation (2) “ 101, 102, 120, 121 and 160, ” and substituting “ 101 and 120, ”.
“ (4) Without limiting the generality of the foregoing, where the solicitor for a party to proceedings is required or permitted to sign a form for the purpose of those proceedings, it shall be sufficient for that purpose if the form is signed by—
(a) a partner of that solicitor;
* Notified in the
Statutory Rules 1975, No. 210 as amended by Statutory Rules 1976, Nos. 97 and 213.
(b) an agent of that solicitor for the purpose of those proceedings;
(c) a partner of that agent;
(d) a solicitor employed by the first-mentioned solicitor or by that agent; or
(e) where the first-mentioned solicitor is employed in the Australian Legal Aid Office—any other solicitor employed in that Office.”.
“ 18a. The Attorney-General may, by writing signed by him, authorize a person, being a person who is suitably qualified by reason of training and experience, to offer marriage counselling.
“ 18b. The Attorney-General may, by writing signed by him, appoint a person, being a person who is suitably qualified by reason of training and experience, as a welfare officer.”.
(a) by omitting from sub-regulation (1) “ Director of Counselling and Welfare ” and substituting “ Principal Director of Court Counselling of the Family Court ”;
(b) by omitting from sub-regulation (3) “ each of the documents referred to in sub-regulation (1) ” and substituting “ whichever of the documents referred to in sub-regulation (1) is applicable in relation to the proceedings ”;
(c) by omitting from sub-regulation. (4) “ each of the documents referred to in sub-regulation (1) ” and substituting “ whichever of the documents referred to in sub-regulation (1) is applicable in relation, to the proceedings ”;
(d) by omitting, sub-regulation (5) and substituting the following sub-regulation:
“ (5) Where a sealed copy of an application for dissolution of marriage is served on a respondent in Australia, there shall be furnished to the respondent, with that copy, a copy of whichever of the documents referred to in sub-regulation (1) is applicable in relation to the application.”; and
(e) by inserting in sub-regulation (8) “ in Australia ” after “ respondent ”.
“ (1) An application for a decree of dissolution of marriage shall be in accordance with Part 1 of Form 4, shall be verified by affidavit in accordance with Part 2 of that Form, and shall contain—
(a) if the applicant is represented by a legal practitioner—a declaration in accordance with Part 3 of that Form; and
(b) a notice to the respondent in accordance with Part 4 of that Form.”.
“ (1) An application for a decree of nullity of marriage shall be in accordance with Part 1 of Form 5, shall be verified by affidavit in accordance with Part 2 of that Form, and shall contain—
(a) if the applicant is represented by a legal practitioner—a declaration in accordance with Part 3 of that Form; and
(b) a notice to the respondent in accordance with Part 4 of that Form.”.
(a) by omitting from sub-regulation (1) “ , other than an application by which proceedings for principal relief are commenced,” and substituting “ (other than an application by which proceedings for principal relief are commenced or an application under sub-regulation 133 (1), 133 (2) or 137 (4)) ”;
(b) by omitting sub-regulation (5) and substituting the following sub-regulation:
“ (5) Where an application (not being an application instituting proceedings with respect to the enforcement of a decree relates to the maintenance of a party to a marriage
or of a child of a marriage, to the welfare or custody of, or access to, a child of a marriage, or to the property of the parties to a marriage or of either of them, and—
(a) proceedings are pending in relation to that maintenance, welfare, custody, access or property; or
(b) an order made in proceedings (being an order that relates to that maintenance, welfare, custody, access or property) is still operative,
the application shall be accompanied by an affidavit setting out briefly—
(c) the court in which the proceedings are pending and particulars of the order sought in those proceedings; or
(d) the date of the order, the court by which it was made and particulars of the order,
as the case may be.”; and
(c) by omitting sub-regulation (7).
“ (5) In this regulation, ‘stamped envelope’ means an envelope having affixed to it a postage stamp or postage stamps valid for the transmission within Australia by ordinary post of postal articles and the value, or total value, of which is not less than the postage payable for the transmission of the envelope containing an acknowledgment of service in accordance with Form 9 by post as a letter to the address written on the envelope.”.
“ to have been effected on the person—
(a) if service was effected in Australia—4 days after the date of posting; or
(b) if service was effected outside Australia—28 days after the date of posting.”.
“ 54a. Notwithstanding anything contained in this Part, where a respondent in proceedings has given an address for service, a sealed copy of the application by which those proceedings were instituted, together with a copy of any other document receipt of which is acknowledged
in the document giving the address for service, shall, for all purposes, be deemed to have been served on him on the date on which the document giving the address for service was filed, unless the court or the registrar of the court in which the proceedings are pending is satisfied that a sealed copy of that application, or that other document, as the case may be, was served on the respondent on another date.”.
(a) by inserting in sub-regulation (1) “ or XIII ” after “ VIII ”; and
(b) by inserting in sub-regulation (2) “ or XIII ” after “ VIII ”.
(a) by adding at the end of sub-regulation (1) “ or approval of a maintenance agreement under section 87 of the Act ”;
(b) by omitting sub-regulation (2) and substituting the following sub-regulation:
“ (2) Where this regulation applies, the applicant shall file—
(a) a statement of financial circumstances in accordance with Form 19; or
(b) an affidavit as to financial circumstances setting out briefly particulars of—
(i) property in which the applicant has a legal or equitable interest including, without limiting the generality of the foregoing, real estate, bank accounts, shares, insurance policies, superannuation entitlements, money owing, cash, chattels and other personal property, together with an itemised valuation of that property, or that interest in property, as the case may be;
(ii) the gross weekly income of the applicant, the gross annual income of the applicant as shown in the last income tax return furnished by the applicant and the source or sources of that income;
(iii) the debts and financial commitments of the applicant including, without limiting the generality of the foregoing, commitments of a capital or a recurring nature and, in respect of commitments of a kind incurred under hire-purchase or similar agreements, the number of repayments outstanding;
(iv) the capability of the applicant to earn income;
(v) the property, income, debts and financial commitments of the spouse, or former spouse, of the applicant so far as they are known to the applicant; and
(vi) the capability of the spouse, or former spouse, of the applicant to earn income so far as it is known to the applicant.”;
(c) by omitting from sub-regulation (3) “ the ” and substituting “ a ”;
(d) by inserting after sub-regulation (3) the following sub-regulation:
“ (3a) Where this regulation applies, an applicant shall include in an affidavit referred to in sub-regulation (2) or (3) made by him a statement to the effect that he has no property or income other than the property and income particulars of which are set out in that affidavit.”;
(e) by adding at the end of sub-regulation (4) “ or in the affidavit as to financial circumstances referred to in sub-regulation (2) ”; and
(f) by inserting in paragraph (a) of sub-regulation (5) “ or in the affidavit as to financial circumstances referred to in sub-regulation (2) ” after “ circumstances ”.
(a) by omitting from sub-regulation (1) “ in sub-regulation 36 (5) or ”; and
(b) by inserting in sub-regulation (1) “ or affidavit ” after “ statement ”.
(a) by inserting in sub-regulation (1) “ or 41 (4a) ” after “ 40 (6) ”; and
(b) by inserting in sub-regulation (3) “ or 41 (4a) ” after “ 40 (6) ”.
(a) by omitting from sub-regulation (2) “ of the marriage to whom section 63 of the Act applies,” and substituting
“ under the age of 18 years who is a child of the marriage or is, by virtue of section 5 of the Act, to be deemed to be a child of the marriage for the purposes of the application of the Act in relation to the marriage,”;
(b) by omitting from sub-regulation (3) “ of the marriage to whom section 63 of the Act applies,” and substituting “ under the age of 18 years who is a child of the marriage or is, by virtue of section 5 of the Act, to be deemed to be a child of the marriage for the purposes of the application of the Act in relation to the marriage,”; and
(c) by omitting from sub-regulation (4) “ determination ” and substituting “ declaration ”.
“ (6) Except with the prior leave of the court in which proceedings under the Act are pending or are being heard, an affidavit made by a child who is under the age of 18 years shall not be filed for the purpose of those proceedings.”.
“ 119a. In this Part, ‘ Full Court ’ has the same meaning as in Part IV of the Act.”.
(a) by omitting from sub-regulation (2) “ copy of the notice of appeal to be served on ” and substituting “ sealed copy of the notice of appeal to be served on each of ”;
(b) by omitting from sub-regulation (3) “ The Chief Judge or a Senior Judge of the Family Court may direct that ” and substituting “ A Judge of the Family Court may direct that a sealed copy of ”;
(c) by omitting paragraph (a) of sub-regulation (4) and substituting the following paragraph:
“ (a) whether the whole or a part of the decree is appealed from and, if a part only, which part;”;
(d) by inserting in sub-regulation (7) “ , subject to sub-regulation (7a), a sealed copy of it shall be ” after “ and ”;
(e) by omitting from, paragraph (a) of sub-regulation (7) “ 28 days ” and substituting “ 1 month ”;
(f) by omitting from, paragraph (b) of sub-regulation (7) “ the Chief Judge or a Senior Judge of the Family Court ” and substituting “ a Judge of any court having jurisdiction under the Act ”;
(g) by inserting after sub-regulation (7) the following sub-regulation;
“ (7a) Where a notice of appeal is filed in a manner referred to in sub-regulation (6)—
(a) the appellant shall forthwith cause notice in writing of the filing of the notice of appeal to be served on the respondent; and
(b) a sealed copy of the notice of appeal shall be served—
(i) within 42 days after the date on which the decree appealed from was pronounced; or
(ii) within such further time as a Judge of any court having jurisdiction under the Act shall direct.”;
(h) by inserting in sub-regulation (8) “ or a Judge of the court appealed from ” after “ Court ”;
(i) by inserting after sub-regulation (8) the following sub-regulation:
“ (8a) Where an appeal under section 94 of the Act has been instituted, the Judge who made the decree appealed from or, if he is unavailable, another Judge of the court appealed from, may make an order staying the execution or operation of the decree pending the determination of the appeal, and where such an order has been made, a court having jurisdiction under the Act shall not, pending the determination of the appeal, enforce the decree appealed from or entertain proceedings for the enforcement of the decree.”;
(j) by inserting in paragraph (a) of sub-regulation (9) “ a copy of ” after “ him of ”;
(k) by omitting from paragraph (b) of sub-regulation (9) “ the Chief Judge or a Senior Judge ” and substituting “ a Judge ”; and
(l) by omitting from sub-regulation (9) “, serve a copy of the notice upon all ” and substituting “, and serve a sealed copy of the notice of cross-appeal upon each of the ”.
“ 120a. (1) Subject to sub-regulation (3), a court fee of $150 is payable in respect of proceedings being an appeal under section 94 of the Act.
“ (2) The court fee referred to in sub-regulation (1) is payable by the appellant within 1 month after the date on which the notice of appeal is filed.
“ (3) The court fee referred to in sub-regulation (1) is not payable where the Principal Registrar is satisfied—
(a) that the appellant has been granted, in relation to the appeal, legal aid from, a legal aid scheme or service approved by the Attorney-General; or
(b) that payment of the fee would impose substantial hardship on the appellant.”.
(a) by inserting in sub-regulation (3) “ or, at his direction, a Registrar of the Family Court ” after “ Registrar ”;
(b) by inserting in sub-regulation (4) “ or, at his direction, a Registrar of the Family Court ” after “ Registrar ”;
(c) by inserting in sub-regulation (5) “ a Registrar of the Family Court or by ” after “ by ” (last occurring); and
(d) by omitting from paragraph (c) of sub-regulation (6) “ 3 ” and substituting “ 2 ”.
“ 121a. (1) Where section 94a of the Act applies, the party to proceedings in the Family Court who wishes to have a question of law that has arisen in the proceedings determined by a Full Court of the Family Court under that section, or, where more than one of the parties so wish, one of the parties, shall—
(a) confer with the other party or parties to the proceedings in an endeavour to reach agreement as to the terms of a draft special case;
(b) prepare a draft special case;
(c) obtain an appointment to have the draft special case settled before the Judge hearing the proceedings; and
(d) serve a copy of the draft special case, together with notice of the appointment so obtained, on the other party or on each of the other parties, as the case may be.
“ (2) A party to proceedings in the Family Court who has been served with a copy of a draft special case under sub-regulation (1) shall forthwith notify in writing the party who prepared the draft special case
of any objection he has to the terms of that draft special case and shall serve on that last-mentioned party a draft of any amendments that he proposes to seek to have made when the draft special case is settled by the Judge hearing the proceedings.
“ (3) The Judge hearing the proceedings in which the question of law has arisen shall settle the draft special case prepared under sub-regulation (1).
“ (4) A special case under section 94a of the Act shall concisely state the facts and the question of law that has arisen.
“ (5) A party to proceedings who prepared a draft special case under sub-regulation (1) shall, within 3 days after that special case has been settled under sub-regulation (3), lodge a copy of the special case as settled with the Judge hearing the proceedings for his signature.
“ (6) A party to proceedings who prepared a draft special case under sub-regulation (1) shall, within 7 days after the special case has been signed by the Judge hearing the proceedings—
(a.) lodge at the Principal Registry of the Family Court 5 copies of the special case;
(b) serve 2 copies of the special case on the other party, or on each of the other parties, to the proceedings; and
(c) lodge a copy of the special case in the Registry of the court in which the proceedings in which the question of law has arisen are pending.
“ (7) The Principal Registrar shall fix a date and place for the hearing of the special case and shall advise the parties, in writing, of the date and place so fixed.”.
(a) by omitting sub-regulation (2) and substituting the following sub-regulation:
“ (2) A notice of appeal under sub-regulation (1) shall be filed—
(a) within 1 month after the date on which the decree appealed from was pronounced; or
(b) within such further time as a Judge of a court exercising jurisdiction under the Act shall direct.”;
(b) by omitting from sub-regulation (3) “ copy of the notice of appeal shall be served in accordance with paragraph 44 (1) (a) or (c) on the other parties to the proceedings and a further ” and substituting “ sealed copy of the notice of appeal shall be served in accordance with paragraph 44 (1) (a) or (c) on each of the other parties to the proceedings and a further sealed ”; and
(c) by adding at the end thereof the following sub-regulation:
“ (4) Where an appeal under section 96 of the Act has been instituted, the magistrate who made the decree appealed from or, if he is unavailable, a Judge of the court in which the appeal is instituted, may make an order staying the execution or operation, of the decree pending the determination of the appeal, and where such an order has been made, a court having jurisdiction under the Act shall not, pending the determination of the appeal, enforce the decree or entertain proceedings for the enforcement of the decree.”.
“ 131a. In this Part, ‘ prescribed personal property ’, in relation to a person, means—
(a) his wearing apparel, bed, bedding and kitchen furniture (including a stove, oven and refrigerator, but not including a washing machine or an automatic dishwasher); and
(b) his ordinary tools of trade, his plant and equipment, and his professional instruments and reference books, not exceeding in the aggregate $500 in value.”.
(a) by adding at the end of paragraph (a) of sub-regulation (1) “ and an order referred to in section 109 of the Act ”;
(b) by omitting paragraph (b) of sub-regulation (1) and substituting the following paragraph:
“ (b) an order under the Act or the repealed Act for the payment of costs;”;
(c) by omitting from paragraph (d) of sub-regulation (1) “ or ” and substituting “ and ”;
(d) by inserting in sub-regulation (2) “ to ” after “ party ”;
(e) by omitting from sub-regulation (4) “ or (c) ” and substituting “, (c) or (d) ”;
(f) by inserting after sub-regulation (6)the following sub-regulation:
“ (6a) Where proceedings for the enforcement of the payment of maintenance or other money payable under an order for the benefit of a party or child are taken on behalf of that party or child by an officer of the court or an authority or person referred to in sub-regulation (7), that maintenance or other money may, unless the court otherwise orders, be paid to that officer, authority or person, and the receipt of that officer, authority or person for any
maintenance or other money so paid shall be sufficient discharge of the liability of the person required under the order to pay that maintenance or other money.”;
(g) by inserting, in sub-regulation (7) “, Deputy Collector of Maintenance or Assistant Collector of Maintenance ” after “ Collector of Maintenance ”;
(h) by adding at the end of sub-regulation (10) “ and whether any other proceedings for the enforcement of the order are pending and, if any such proceedings are pending (being proceedings taken by an officer of a court or an authority or person referred to in sub-regulation (7)), the name of that officer, authority or person ”; and
(i) by adding at the end thereof the following sub-regulation:
“ (11) Where an application for the enforcement of an order under this regulation names an officer of a court or an authority or person referred to in sub-regulation (7) as the officer, authority or person who has taken other proceedings that are pending for the enforcement of the order, the registrar of the court in which the application is filed shall enquire of the officer, authority or person so named as to the present position with regard to those proceedings and shall file with the court papers relating to the application a memorandum containing any information ascertained as a result of that enquiry.”.
(a) by adding at the end of paragraph (a) of sub-regulation (8) “ and then on such days and at such times as the court, may direct ”;
(b) by inserting in sub-regulation (9) “ or on such days and at such times as the court directed ” after “ him ”;
(c) by adding at the end of sub-regulation (9) “ or before any other court having jurisdiction under the Act before which, it is practical to bring the person ”;
(d) by inserting after sub-regulation (9) the following sub-regulation:
“ (9a) The registrar of a court that issues a warrant under sub-regulation (9) shall cause to be attached to the warrant—
(a) a sealed copy of the order in relation to which the warrant is issued; or
(b) a copy of that order certified by him to be a true copy of the sealed copy in his custody.”;
(e) by omitting from sub-regulation (10) “, by the Marshal or a Deputy Marshal of the Family Court ”;
(f) by omitting sub-regulation (11) and substituting the following sub-regulation:
“ (11) Where a person is taken into custody in pursuance of a warrant issued under sub-regulation (9), any court having jurisdiction under the Act before which that person is brought may order that, pending the person being brought before, or otherwise attending before, the court that issued the warrant, or pending the determination of the proceedings by the first-mentioned court, as the case requires, he—
(a) be kept in custody; or
(b) be released—
(i) with security, in such manner and in such sum as the court determines, that he will attend before the court that issued the warrant, or before the court before which he was brought, as the case may be; or
(ii) without security.”; and
(g) by omitting from sub-regulation (12) “ in pursuance of this regulation ”.
(a) by omitting from the definition of “ garnishee ” in sub-regulation (1) “ Australia,” (wherever occurring) and substituting “ the Commonwealth,”; and
(b) by inserting in paragraph (b) of sub-regulation (4) “ that fall to be paid ” after “ of the respondent ”; and
(c) by omitting sub-regulation (23) and substituting the following sub-regulation:
“ (23) Where an order under this regulation is inforce and the respondent ceases to be employed by the garnishee, the respondent and the garnishee shall, within 21 days after the respondent ceases to be so employed, each give notice to the court—
(a) notifying that the respondent has ceased employment with the garnishee; and
(b) specifying the date on which the employment ceased,
and, if the respondent has a new employer, the respondent shall, in the notice given by him under this sub-regulation, specify—
(c) the name and address of that employer and the place where he is employed by that employer; and
(d) the amount of his earnings from his employment with that employer.
Penalty: $500.”.
“ (5) Where an application is made under sub-regulation (1), the court may order an officer of the court or some other person (being a person who is willing and able to execute the order) to seize some or all of the personal property, not being prescribed personal property, of the person named in the order.”.
“ (8) The Family Court may, on the application of a person whose interests the court is satisfied are materially affected by an act or omission of, or decision made by, a person appointed as receiver of an estate under sub-regulation (4), make such order as it thinks fit.
“ (9) The Family Court may, on the application of—
(a) a person who applied to the court for an order under sub-regulation (1) that the estate of another person be sequestrated;
(b) a person whose estate has been sequestrated in pursuance of such an order;
(c) a creditor of a person whose estate has been so sequestrated; or
(d) the Principal Registrar or a Registrar of the Family Court,
make any one or more of the following orders:
(e) an order for the examination before the court of the receiver or any other person in connexion with the sequestration;
(f) an order removing the receiver from office;
(g) such other order or orders as it thinks fit.
“ (10) In this regulation, ‘ estate ’, in relation to a person, does not include the prescribed personal property of that person.”.
(a) by inserting after sub-regulation (1) the following sub-regulation:
“ (1a) A warrant issued under sub-regulation (1) may be executed by any member of the Commonwealth Police Force, by any member of the police force of a State or Territory or by any person to whom it is addressed.”; and
(b) by omitting from sub-regulation (4) “ in accordance with Form 6 ”.
(a) by omitting from sub-regulation (1) “ the person who obtained the order, give to that ” and substituting “ a
registrar or of the person who obtained the order, give to that registrar or ”; and
(b) by inserting in paragraph (a) of sub-regulation (1) “ or, in the case of a second or subsequent certificate to be given to the same registrar or person in respect of the same, order, the amount that, according to those records, has been paid under the order since the last certificate was given” after “ order ”.
(a) by omitting sub-paragraph (ii) of paragraph (b) of sub-regulation (7) and substituting the following subparagraph:
“ (ii) specifying, the person, authority or court to whom or to which money payable under the order is to be paid.”; and
(b) by adding at the end thereof the following sub-regulation:
“ (12) Where—
(a) an order to which this regulation applies made by a court in a State or Territory was, before the commencement of the Act, registered in a court in another State or Territory (being a court that has jurisdiction under the Act); and
(b) the registration had not been cancelled before the commencement of this sub-regulation,
sub-regulations (6), (9), (10) and (11) apply in relation to that order as if it were an order registered in the last-mentioned court in accordance with this regulation.”.
(a) by inserting “ (not being a warrant issued under sub-regulation 133 (9)) ” after “ warrant ”;
(b) by omitting “ having jurisdiction under the Act before whom ” and substituting “ before which ”; and
(c) by omitting “ or pending the disposal of the proceedings, as the case requires ”.
“ 139b. (1) This regulation applies to—
(a) an order referred to in sub-regulation 132 (1);
(b) a maintenance order referred to in sub-regulation 144 (1); and
(c) a provisional maintenance order that has been confirmed under regulation 146.
“ (2) Where an order to which this regulation applies is enforceable by a court of the State of South Australia having jurisdiction under the Act, all money to be paid under the order is, unless that court otherwise orders, payable, so long as the person required under the order to pay that money resides in that State, to the Collector of Maintenance of that State, and the receipt of that Collector for any amount so paid shall be sufficient discharge of the liability of the person required under the order to pay that amount.
“ (3) Where money is payable to the Collector of Maintenance of the State of South Australia in pursuance of an order to which this regulation applies, regulation 138 applies as if that Collector were specified in the order as the person to whom maintenance payable under the order was to be paid.”.
“ 139c. In this Part, ‘ maintenance order ’ has the same meaning as in section 110 of the Act.”.
(a) by inserting—
“ California ”
after—
“ British Columbia ”; and
(b) by inserting—
“ Hong Kong ”
after—
“ Guernsey, Alderney and Sark ”.
(a) by omitting sub-regulation (6) and substituting the following sub-regulation:
“ (6) Upon registration of an order, the registrar shall—
(a) notify an officer of the court or other authority in the reciprocating country or country with restricted reciprocity, as the case may be, of the registration: and
(b) cause a certified copy of the order and a notice of registration of the order specifying—
(i) the amount, if any, (including arrears) due under the order; and
(ii) the person, authority or court to whom or to which money payable under the order is to be paid,
to be served upon the person against whom the order was made.”; and
(b) by adding at the end thereof the following sub-regulation:
“ (9) The receipt of a person, authority or registrar of a court for any amount paid, in pursuance of this regulation, to that person, authority or court under an order shall be sufficient discharge of the liability of the person required under the order to pay that amount.”.
(a) by inserting after sub-regulation (4) the following sub-regulation:
“ (4a) On the hearing of an application under sub-regulation (3), the person entitled to money payable under the order to which the application relates may appear personally or be represented by—
(a) a legal practitioner;
(b) a registrar;
(c) an officer of the Attorney-General’s Department; or
(d) a person holding office as the Collector of Maintenance, a Deputy Collector of Maintenance or an Assistant Collector of Maintenance under a law of the State or Territory in which the court is situated.”; and
(b) by inserting after sub-regulation (6) the following sub-regulation:
“ (6a) Where a provisional order is confirmed under this regulation, the court may, if it thinks fit, in the order confirming the provisional order, specify—
(a) the time or times by which the money payable under the order that has been confirmed is to be paid;
(b) the person, authority or court to whom or to which that money is to be paid; and
(c) where necessary, the means by which that money shall be paid or disbursed.”.
“ (2) Proceedings for the enforcement of an overseas order may be taken by the person entitled to the money payable under the order or, on behalf of that person, by—
(a) the registrar of a court having jurisdiction under the Act; or
(b) an authority or person referred to in sub-regulation 132 (7).”.
(a) by omitting from sub-regulation (1) “ court shall ” and substituting “ first-mentioned court shall direct its registrar to ”; and
(b) by adding at the end thereof the following sub-regulation:
“ (3) Where a registrar cancels the registration of an overseas maintenance order in pursuance of a request in writing having been received from a court or authority referred to in paragraph (1) (b), the registrar shall cause notice in writing of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the order.”.
“ (2) Where the Secretary receives—
(a) a certified copy of an overseas maintenance agreement from a prescribed overseas country; and
(b) a certificate signed by an officer of a court or other authority in that country relating to the agreement and containing—
(i) a statement that the agreement is, at the date of the certificate, enforceable in that country; and
(ii) a statement as to the amount of any arrears due under the agreement,
the Secretary shall, if it appears to him that there are reasonable grounds for believing that the person against whom the agreement is enforceable is resident in or proceeding to Australia, send the documents received by him to a court having jurisdiction under the Act.
“ (3) Where a registrar of a court receives from the Secretary the documents referred to in sub-regulation (1), he shall register the agreement by filing in the court the certified copy of the agreement and by noting the fact and date of the registration on that certified copy.
“ (4) An overseas maintenance agreement so registered is, until the registration is cancelled, enforceable in Australia as if it were a maintenance agreement that had been entered into in Australia and registered under section 86 of the Act.
“ (5) Upon registration of an overseas maintenance agreement, the registrar of a court shall—
(a) notify an officer of the court or other authority in the prescribed overseas country of the registration; and
(b) cause a certified copy of the agreement and a notice of registration of the agreement specifying—
(i) the amount, if any, (including arrears) due under the agreement; and
(ii) the person, authority or court to whom or to which money payable under the agreement is to be paid,
to be served upon the person required to make payments under the agreement.
“ (6) Service under sub-regulation (5) shall be in accordance with paragraph 44 (1) (a) or (b).
“ (7) The receipt of a person, authority or registrar of a court for any amount paid, in pursuance of this regulation, to that person, authority or court under an agreement shall be sufficient discharge of the liability of the person required under the agreement to pay that amount.”.
“ 155a. (1) Where—
(a) an overseas maintenance agreement is registered under these Regulations; and
(b) the court in which the agreement is registered receives a request in writing from—
(i) the parties to the agreement; or
(ii) the court or other authority in the prescribed overseas country an officer of which signed the certificate referred to in paragraph 155 (2) (b) relating to the agreement,
that the agreement be no longer enforceable in Australia,
the first-mentioned court shall direct its registrar to cancel the registration of the agreement by noting the fact and date of cancellation on the certified copy of the agreement filed in the court.
“ (2) Upon the cancellation of the registration of an overseas maintenance agreement under sub-regulation (1), the agreement ceases to be enforceable in Australia.
“ (3) Where a registrar cancels the registration of an overseas maintenance agreement in pursuance of a request in writing having been received from a court or authority referred to in sub-paragraph (1) (b) (ii), the registrar shall cause notice in writing of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.”.
“ 159. The registrar of a court having jurisdiction under the Act shall keep such registers and indexes of documents filed in the office of the court as the Attorney-General may direct.”.
“ 170a. (1) For the purposes of section 89a of the Act, each of the following offices under a law of a State or a Territory is a prescribed office:
(a) Collector of Maintenance;
(b) Deputy Collector of Maintenance;
(c) Assistant Collector of Maintenance.
“ (2) A person for the time being holding an office referred to in sub-regulation (1) is authorized, in his discretion, to institute and prosecute proceedings with respect to the maintenance of a party to a marriage or of a child of a marriage, on behalf of that party or child.”.
(a) by omitting from Form 1 “ Judge (
or Magistrate) of the Court ” and substituting “ the Principal Director of Court Counselling of the Family Court (or Officer of the Family Court of the State of ) ”;(b) by omitting from Form 1 “ Judge (
or Magistrate) ” (second occurring) and substituting “ (Signature ) ”;(c) by omitting from Form 2—
“ TO THE DIRECTOR OF COUNSELLING AND WELFARE FAMILY COURT OF AUSTRALIA:”
and substituting—
“ TO THE DIRECTOR OF COURT COUNSELLING AT THE (
insert name of Registry )REGISTRY OF THE FAMILY COURT OF AUSTRALIAor TO THE APPROPRIATE OFFICER OF THE FAMILY COURT OF THE STATE OF (insert name of State ):”;(d) by omitting from Form 3 “ or ” (last occurring);
(e) by omitting from the first paragraph 8 of Part 1 of Form 4 “ from that date ” and substituting “ for a continuous period of not less than 12 months immediately preceding the date of the filing of this application ”;
(f) by omitting paragraph 10, and each paragraph 11, of Part 1 of Form 4 and substituting the following paragraphs:
“ *10. Since the commencement of the separation, the parties resided in the same residence during the following period or periods and in the following circumstances (
set out address or addresses of residence or residences that parties have shared since they separated, all relevant dates or periods, and the circumstances ).11. There is no reasonable likelihood of cohabitation between the parties being resumed.
* 12. There is no child under the age of 18 years who is a child of the marriage or who is, by virtue of section 5 of the Act, to be deemed to be a child of the marriage for the purposes of the application of the Act in relation to the marriage.
* 12. The following are children under the age of 18 years each of whom is a child of the marriage or is, by virtue of section 5 of the Act, to be deemed to be a child of the marriage for the purposes of the application of the Act in relation to the marriage:
(
set out full names, dates of birth and where residing )The following persons are residing in the same residence or residences as the children:
(
set out full names, ages and relationships )The following arrangements are proposed by the applicant for the welfare of the children:
(
set out details of housing, maintenance, supervision, access and education ).* 13. The following are particulars of orders made in proceedings between the applicant and the respondent that are still operative:
(
set out the date of each order, the court by which it was made and brief particulars of the order ).
* 13. There are no orders made in proceedings between the applicant and the respondent that are still operative.
* 14. The following are particulars of proceedings between the applicant and the respondent that are pending: (
set out brief particulars of any pending proceedings and the court in which the proceedings are pending ).
* 14. There are no proceedings between the applicant and the respondent pending.”;
(g) by omitting from paragraph 2 of Part 3 of Form 4 “ an advice as to effect of proceedings and of ” and substituting “ a document setting out the legal and possible social effects of the proceedings and ”;
(h) by omitting Part 4 of Form 4;
(i) by omitting from Form 4 “ part 5 ” and substituting “ part 4 ”;
(j) by omitting paragraph 2 of Part 5 of Form 4 and substituting the following paragraph:
“ *2. You are invited to read carefully the attached document setting out the legal and possible social effects of these proceedings and the counselling and welfare facilities available.”;
(k) by adding at the end of Part 5 of Form 4—
“ *Strike out if a sealed copy of the application is not to be served on the respondent in Australia.”;
(l) by adding at the end of Part 1 of Form 5 the following paragraphs and words:
“ *7. The following are particulars of orders made in proceedings between the applicant and the respondent that are still operative: (
set out the date of each order, the court by which it was made and brief particulars of the order ).
*7. There are no orders made in proceedings between the applicant and the respondent that are still operative.
* 8. The following are particulars of proceedings between the applicant and the respondent that are pending: (
set out brief particulars of any pending proceedings ).
* 8. There are no proceedings pending between the applicant and the respondent.
*Strike out whichever is not applicable.” ;
(m) by omitting from paragraph 2 of Part 3 of Form 5 “ the applicant an advice as to effect of proceedings and of ” and substituting “ to the applicant a document setting out the legal and possible social effects of the proceedings and ”;
(n) by omitting Part 4 of Form 5;
(o) by omitting from Form 5 “ part 5 ” and substituting “ part 4 ”;
(p) by omitting from the first paragraph 3 of Form 6 “ for dissolution or annulment of the marriage ”;
(q) by omitting from paragraph 4 of Form 6 “ an advice as to the effect of proceedings and of ” and substituting “ a document setting out the legal and possible social effects of the proceedings and ”;
(r) by omitting paragraph 2 in that part of Form 6 headed “ TO THE RESPONDENT ” and substituting the following paragraphs:
“ 2.If you wish to contest the application or seek some other order, you may file and serve an affidavit in reply.
3. If you do not appear at the hearing, the court may proceed to make the orders sought, or similar orders, in your absence.”;
(s) by omitting Form 7 and substituting the following form:
FORM 7 Regulation 43
NOTICE OF ADDRESS FOR SERVICE
(
TAKE NOTICE that the address for service of the respondent is
The fallowing documents were served on the respondent on 19 :
(a) copy of application for filed on 19 ;
*(b) copy of affidavit of (
full name of deponent and date of swearing );(c) (
Specify any other documents served on the respondent ).Dated this day of 19 .
(
*Strike out if inapplicable.
(t) by omitting Form 9 and substituting the following form:
FORM 9 Regulations 45 and 46
ACKNOWLEDGEMENT OF SERVICE
(
I, (
full name ) , acknowledge that on 19 , at I received copies of the following documents:(a) application for ;
*(b) document under regulation 19 of the Family Law Regulations;
*(c) affidavit of (
full name of deponent and date of swearing ).I also acknowledge that I am the person referred to in the application as the
Dated this day of 19 .
(
*Strike out if inapplicable.
(u) by omitting Form 11 and substituting the following form:
FORM 11 Regulation 52
AFFIDAVIT OF SERVICE
(
I, (
full name, address and occupation of deponent ) make oath and say (or affirm) as follows:1. On 19 .
I duly served
with a sealed copy of the following document (
or each of the following documents) filed in the abovementioned proceedings:(a) application for filed on 19 ;
(b) affidavit of (
name of deponent and date of swearing );(c) (
specify any other documents served )by delivering it (
or them) to him (or her) personally (or by posting it (or them) to him (or her) at (address )).* 2. At the same time I duly delivered personally (
or posted) to him (or her) a document under regulation 19 of the Family Law Regulations.* 3. Annexed hereto and marked with the letter “A” is an acknowledgement of service signed by the person served.
* 4. The means by which I established that the person to whom the document was (
or documents were) delivered was the person required to be served with the document (or documents) were as follows:(
set out the means by which the deponent identified the person served ).SWORN (
or AFFIRMED) by the deponent at on the day of 19 ,Before me:
A Justice of the Peace
* Strike out if inapplicable.
(v) by omitting from paragraph 4 of Form 17 “ power of the ” and substituting “ power, the ”.
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