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 third day of May, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
R. J. ELLICOTT
Attorney-General.
_______
Amendments of the Family Law Regulations
“ 98a. (1) Notwithstanding anything contained in sub-regulation 36 (5) or in regulation 97 or 98, in proceedings in a court of summary jurisdiction with respect to the maintenance of a party to a marriage or of a child of a marriage, the applicant or respondent is not, unless the court otherwise orders, required to file the statement referred to in sub-regulation 97 (2) or to file or make an affidavit referred to in sub-regulation 97 (3) or (4).
“ (2) Sub-regulation 36 (3) does not apply in relation to an application by which proceedings with respect to the maintenance of a party to a marriage or of a child of a marriage were instituted in a court of summary jurisdiction, being proceedings in which the applicant is not represented by a legal practitioner.”.
“ 133. (1) Where a court has made an order referred to in paragraph 132 (1) (a), (b) or (e), the registrar of the court or of a court in which the order is registered shall, on the application of the person entitled to moneys payable under the order or the authority or person entitled to take proceedings on behalf of the person so entitled for the purpose of enforcing payment of those moneys,
* Notified in the
Statutory Rules 1975, No, 210.
issue, for service on a person who is alleged to have refused or failed to comply with the order, a notice in accordance with Form 29.
“ (2) Where a person against whom an order referred to in paragraph 132 (1) (a), (b) or (e) was made has refused or failed to comply with the order, the person entitled to moneys payable under the order or the authority or person entitled to take proceedings on behalf of the person so entitled for the purpose of enforcing payment of those moneys may apply to the registrar of the court that made the order or of a court in which the order is registered for the issue of a summons under this regulation.
“ (3) Where an order to which regulation 132 applies has been made, the registrar of the court that made the order or of a court in which the order is registered may, subject to this regulation, issue a summons to a person who has refused or failed to comply with the order to attend before the court at a time and place specified in the summons—
(a) to be orally examined on all matters relating to his refusal or failure to comply with the order; and
(b) to produce any document or thing in his possession, custody or control relating to his refusal or failure to comply with the order.
“ (4) A summons under this regulation shall be in accordance with Form 29a.
“ (5) The registrar of a court shall not issue a summons under this regulation unless—
(a) if the order is an order referred to in paragraph 132 (1) (a), (b) or (e)—an application for the issue of the summons has been made to him in accordance with sub-regulation (2);
(b) if the order is an order referred to in paragraph 132 (1) (a)—the registrar is satisfied that the person against whom die order was made has refused or failed to comply with the order for a period of not less than 2 weeks; and
(c) if the order is an order referred to in paragraph 132 (1) (b) or (e)—the registrar is satisfied that the person against whom the order was made has refused or failed to comply with the order.
“ (6) Where a court makes an order referred to in paragraph 132 (1) (c) or (d), only the registrar of the court that imposed the relevant fine may issue a summons under this regulation.
“(7) A summons under this regulation shall be served on the person to whom it is addressed in a manner referred to in paragraph 44 (1) (a), (b) or (c).
“ (8) A person served with a summons under this regulation shall not, without reasonable cause or excuse—
(a) fail to attend as required by the summons;
(b) refuse or fail to be sworn or to make an affirmation;
(c) refuse or fail to answer a question on any matter relating to his refusal or failure to comply with the relevant order; or
(d) refuse or fail to produce a document that he is required to produce by the summons.
Penalty: $500.
“ (9) Where a person fails to attend before a court as required by a summons under this regulation duly served on him, the court may issue a warrant directing that the person be taken into custody and brought before the court.
“ (10) A warrant issued under sub-regulation (9) may be executed by any member of the Commonwealth Police Force, by any member of the police force of a State or Territory, by the Marshal or a Deputy Marshal of the Family Court or by any person to whom it is addressed.
“ (11) Where a person is taken into custody in pursuance of a warrant issued under sub-regulation (9), the court may direct that, pending his attendance before the court, he—
(a) be kept in custody; or
(b) be released, with security in such sum as the court determines that he will attend before the court or without such security.
“ (12) Where a person attends before, or is brought before, a court in pursuance of this regulation, the court may, on being satisfied that the person has refused or failed to comply with an order to which regulation 132 applies, make such of the following orders as it thinks fit:—
(a) an order for the payment of the arrears and any other unpaid portion of the moneys payable under the first-mentioned order;
(b) a garnishment order under regulation 134;
(c) an order under regulation 135 for seizure of personal property belonging to the person;
(d) an order under regulation 136 that the estate of the person be sequestrated;
(e) such other orders as it thinks necessary to enable enforcement of its orders or to prevent the dissipation of property or the wasting of assets.”.
“ 3. An application may be made for the issue of a summons for you to attend court to be orally examined concerning your refusal or failure to comply with the order. However, if you give complete answers to the questions set out below and return this form to the address set out in paragraph 4 within 10 days, the issue of a summons may be avoided.”.
(2) The Schedule to the Family Law Regulations is amended by inserting after Form 29 the following form:—
Form 29a Regulation 133
SUMMONS TO PERSON WHO HAS REFUSED OR FAILED TO COMPLY WITH AN ORDER TO WHICH REGULATION 132 APPLIES
(
TO:
An
order was made on (
Payments under the order are in arrears in the amount of
You are hereby summoned to attend at this court at on the day of 19 at o’clock to be orally examined on all matters relating to your refusal or failure to comply with the order and to produce the document(s) or thing(s) in your possession, custody or control described in the Schedule to this summons.
The court may, on the hearing of this summons and upon being satisfied that you have refused or failed to comply with the order, make such of the following orders as it thinks fit:
(a) an order for the payment of the arrears and any other unpaid portion of the moneys payable under the first-mentioned order;
(b) a garnishment order in respect of moneys owing to you, including any wages or salary;
(c) an order for seizure of personal property belonging to you;
(d) an order that your estate be sequestrated;
(e) such other orders as it thinks necessary to enable enforcement of its orders or to prevent the dissipation of property or the wasting of assets.
DATED this day of 19
Registrar
NOTE: The Regulations provide that a person who, without reasonable cause or excuse, fails to attend before the court as required by a summons commits an offence punishable by a fine not exceeding $500.
The Regulations further provide that, where a person fails to attend before a court as required by a summons, the court may issue a warrant directing that the person be taken into custody and brought before the court.
Section
108 of the
Schedule
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