Family Law Rules (Amendment) (Cth)
__________________
WE, Judges
within the meaning of the
Dated 10 February 1994.
ALAN J. BARBLETT
J. EDWARD ELLIS
K. A. MURRAY
ALWYNNE ROWLANDS
MARY FINN
RAY WATSON
T. H. McGOVERN
B. ROSS-JONES
JOSEPHINE M. MAXWELL
EDWARD BUTLER
D. BULBECK
M. A. RENAUD
J. S. PURDY
RODNEY N. PURVIS
J. WILCZEK
H. J. BURTON
G. R. MULLANE
MARY JANE M. LAWRIE
P. J. MOSS
JOHN COHEN
N. MUSHIN
I. R. COLEMAN
Judges of the Family Court
of Australia
IAN J. LOUGHNAN
Principal Registrar
Family Court of Australia
I. W. P. McCALL
ALAN J. BARBLETT
D. R. ANDERSON
N. TOLCON
MICHAEL H. HOLDEN
Judges of the Family Court
of Western Australia
C. E. MARTIN
Registrar
Family Court of Western Australia
____________
1.1 The Family Law Rules are amended as set out in these Rules.
These Rules
commence on gazettal: see
2.1 Omit the rule inserted by rule 4 of Statutory Rules 1993 No. 160.
3.1 After subrule 2 (6), insert:
(1) Any document to be filed, except an application referred to in Order 7, Division 2 or a subpoena, may be lodged by facsimile transmission if:
(a) the matter is urgent; and
(b) where the party filing the document is not legally represented—the party lives more than 20 kilometres from the registry; and
(c) where the party filing the document is legally represented—the legal representative’s principal office is more than 20 kilometres from the registry; and
(d) it is not practicable to lodge the document in the registry in any other way.
A document to be filed must not be lodged by facsimile transmission in any other circumstances without the leave of the court.
Unless the court otherwise directs, if a document is lodged by facsimile transmission it must be accompanied by a letter to the Registrar, signed by the unrepresented party or the party’s legal representative, explaining:
(a) the nature and immediacy of the damage or harm that may result if the document is not lodged by facsimile transmission; and
(b) any other circumstances that justify lodging the document by facsimile transmission instead of lodging it in the registry.
If a document is lodged by facsimile transmission, the party filing the document must lodge the original document in the registry within 7 days after it was sent by facsimile transmission.
The cover sheet of the original document must be endorsed to the effect that the document is the original of a document previously lodged by facsimile transmission.”.
4.1 Omit “to the Court”, substitute “to the court, given in court,”.
4.2 Paragraph 10 (b):
Omit “must”.
5.1 Omit “14 days”, substitute “2 days”.
6.1 Omit the rule, substitute:
As soon as practicable after a sealed copy of a notice of an appeal under section 96 of the Act has been filed, in accordance with rule 23, in the court appealed from, the Registrar of that court must send all the documents in his or her possession that relate to the appeal to the Registrar of the court in which the appeal is instituted.”.
7.1 Omit the rule.
8.1 Form 36 (Subpoena to give evidence)
Omit “$500”, substitute “$5000”.
8.2 Form 37 (Subpoena to give evidence and produce documents)
Omit “$500”, substitute “$5000”.
8.3 Form 38 (Subpoena to produce documents)
Omit “$500”, substitute “$5000”.
8.4Form 41A(Undertaking):
Omit the form, substitute:
FORM 41A Order 31, rule 10
On (
(
I acknowledge that:
(a) I give the above undertaking; and
(b) the nature and terms of the undertaking have been explained to me; and
(c) I promise the court that I will comply with the terms of the undertaking; and
(d) the undertaking has the same effect as an order of the court; and
(e) if I breach the undertaking, I may be guilty of contempt of the court and may be punished by a fine or imprisonment.
.................................
(Signature of person
giving the undertaking)
CERTIFICATE OF LEGAL REPRESENTATIVE
I am the legal representative for the person giving the undertaking and I certify that I have explained to the person giving the undertaking:
(a) the nature and terms of the undertaking; and
(b) that the undertaking is a promise to the court to comply with its terms; and
(c) that the undertaking has the same effect as an order of the court; and
(d) that a breach of the undertaking may be a contempt of the court punishable by a fine or imprisonment.
I acknowledge that if the person giving the undertaking has not signed above, I give the undertaking on his or her behalf.
.................................
(Signature of legal
representative)
.................................
(
Print name )*Solicitor/*Counsel
*Omit if not applicable.
8.5 Form 51 (Warrant of arrest)
Omit “Notes” and the following notes, substitute:
“Note: This warrant must not be executed more than 12 months after the date of issue unless the court otherwise orders.”.
1. Notified in the
Commonwealth of Australia Gazette on 25 February 1994.2. 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.
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