Family Law Rules (Amendment) (Cth)
_________________
WE, Judges
within the meaning of section 123 of the
Dated 14 June 1995.
J. EDWARD ELLIS
J. F. FOGARTY
K. A. MURRAY
H. R. FREDERICO
ALWYNNE ROWLANDS
T. E. LINDENMAYER
J. V. KAY
T. H. McGOVERN
GRAHAM R. BELL
RODERICK JOSKE
JOSEPHINE M. MAXWELL
J. T. GUN
GEOFFREY I. WALSH
R. J. BULLEY
EDWARD BUTLER
P. F. UNDERHILL
D. BULBECK
J. S. PURDY
RODNEY N. PURVIS
J. WILCZEK
H. J. BURTON
A. GRAHAM
N. MUSHIN
I. R. COLEMAN
B. J. WARNICK
RICHARD CHISHOLM
SALLY BROWN
B. JORDAN
J. FAULKS
Judges of the Family Court
of Australia
IAN J. LOUGHNAN
Principal Registrar
Family Court of Australia
I. W. P. McCALL
D. R. ANDERSON
N. TOLCON
MICHAEL H. HOLDEN
Judges of the Family Court
of Western Australia
____________
1.1 These Rules commence on 1 July 1995.
2.1 The Family Law Rules are amended as set out in these Rules.
3.1 Insert, after rule 10:
“(10A) Despite the other provisions of this Order, a document required under Order 71 of the Federal Court Rules, as applied by Order 41 of these Rules, to be served on a person may be served according to rule 2 of Order 7 of the Federal Court Rules.”.
4.1 Definition of “cross-vesting law”:
Omit the definition, substitute:
“
(a) a law of the Commonwealth, other than Part 9 of the
Corporations Act 1989 ; or(b) a law of a State or Territory;
relating to cross-vesting of jurisdiction;”.
5.1 After Order 40, insert:
“
In this Order, ‘
“
This Order applies to proceedings instituted in, or transferred to, a Family Court under the Corporations Law.
Subject to rules 4 and 5, and any other modifications that are necessary:
(a) Order 71 of the Federal Court Rules; and
(b) the First Schedule to the Federal Court Rules, as applied by Order 71 of those Rules; and
(c) the Third Schedule to the Federal Court Rules, as applied by Order 71 of those Rules;
apply to an application under the Corporations Law in a Family Court as if they were provisions of these Rules.
(1) In its application under rule 3, Order 71 of the Federal Court Rules is modified by:
(a) omitting from subrule 2 (1) the definition of ‘office copy’ and substituting:
‘office copy’ means certified copy;
(b) inserting in subrule 2 (1) the following definitions:
‘District’ means the State or Territory in which the filing Registry is located;
‘Registrar’ means the Registrar of the filing Registry;
(c) omitting rule 4;
(d) omitting subrule 7 (4);
(e) omitting rule 110;
(f) omitting from a provision specified in column 2 of an item in the following table, the words, or words and numbers, specified in column 3 of the item, and substituting the words, or words and numbers, specified in column 4 of the item.
Column 1 Item No. | Column 2 Provision affected | Column 3 Text to be omitted | Column 4 Text to be substituted |
1. | Subrules 7 (1), (2), (3), and (4), 8 (1) and (2), 82 (1), (3), (4) and (5). and the Third Schedule. | Registrar | Judicial Registrar |
2. | Subrules 12 (5) and (6), 13 (4) and (5), 20 (6) and (7), 36 (8) and (9), 37 (9) and (10) and 78 (3) and (4). | Order 4, rule 8 | Order 7, subrule 2 (2) |
3. | Subrules 20 (9), 36 (13) and 37 (14) | Order 46, rule 6 | Order 5, rule 6 |
4. | Subrule 69 (4) | Order 26, rule 6 | Order 40, rule 1 |
5. | Rule 105 | Order 50 | Order 32, rule 21 |
6. | Subrules 43 (6) and 66 (15) and paragraph 110 (5) (b) | Order 62 | Order 38 |
(1) An application under the Corporations Law must be made according to this rule.
Subject to rule 3 of Order 8, and to subrules (3) and (4), an application must be in the form required by Order 71 of the Federal Court Rules.
An application must be in accordance with Form 8 of the Family Court Rules, with any necessary modifications, if an application of that kind under Order 71 of the Federal Court Rules would be required to be made:
(a) in accordance with Form 5 of the Federal Court Rules; or
(b) by notice of motion.
If, in any instance, Order 71 does not specify a particular form of application, an application must be in accordance with Form 8 of these Rules.
An application must not be dismissed only because it has been made in the wrong form.
(1) The cover sheet of a document filed in proceedings under the Corporations Law must be in accordance with Form 1B.
If a document is filed in proceedings under these Rules that include proceedings under this Order, and the document, in a form in accordance with the First Schedule to these Rules, has a cover sheet, the cover sheet must:
(a) name as a party the corporation to which the proceedings relate; and
(b) set out the corporation’s Australian Company Number, prefixed by ‘A.C.N. No.’, in brackets after the name of the corporation.
If a document is filed in proceedings under these Rules that include proceedings under this Order, and the document, in a form in accordance with the First Schedule to these Rules, does not have a cover sheet, the document must:
(a) name as a party the corporation to which the proceedings relate; and
(b) set out the corporation’s Australian Company Number, prefixed by ‘A.C.N. No.’, in brackets after the name of the corporation.
Any of the following phrases that apply to the corporation must be added in brackets after its name:
(a) ‘in liquidation’;
(b) ‘receiver appointed’;
(c) ‘receiver and manager appointed’;
(d) ‘under official management’;
(e) ‘under administration’.
This Division applies to the transfer of proceedings relating to the Corporations Law.
The provisions of this Division prevail over any other provisions of these Rules that are inconsistent with them.
(1) A person must start proceedings for transfer of proceedings by an application in accordance with Form 8.
An application must be heard and determined by a judge.
An application by the Attorney-General of the Commonwealth or of a State or Territory to transfer proceedings does not make him or her a party to the proceedings sought to be transferred.
An affidavit filed with an application for transfer of proceedings must set out the following matters on which the applicant relies:
(a) any relevant provision of the
Corporations Act 1989 or a corresponding law of a State or Territory;(b) a statement of the claim;
(c) the reasons for the application.
On the making of an Order for the transfer of proceedings, the Registrar must send to the registrar of the court to which the proceedings are to be transferred, all documents filed in the proceedings.
(1) The Registrar must file documents received in relation to proceedings transferred to a Family Court so that the proceedings are identified by year of filing and number.
As soon as practicable after the transfer of proceedings to a Family Court, the applicant must apply to the court for directions.
(1) If,
in proceedings before a Family Court, a party intends to submit that rules of
evidence and procedure, other than those of the court, should be applied under
subsection 54 (1) of the
(a) the party must specify the rules in the application; and
(b) the party must seek directions on the matter before the proceedings are set down for hearing.
In proceedings to which subrule (1) applies:
(a) the court may give directions at any time in relation to the matter of its own motion; and
(b) the court may at any time vary or revoke a direction given by the court in relation to the matter.”.
6.1 After Form 1A, insert:
1. Notified in the
Commonwealth of Australia Gazette on 21 June 1995.2. Statutory Rules 1984 No. 425 as amended by 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 No. 2.
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