Family Law Rules (Amendment) (Cth)

Statutory Rules 1992 No. 1611

Family Law Rules2 (Amendment)

WE, Judges within the meaning of section 123 of the Family Law Act 1975,make the following Rules of Court under that Act.

Dated 9 June 1992.

ALASTAIR NICHOLSON

ALAN J. BARBLETT

J. F. FOGARTY

K. A. MURRAY

STEVEN STRAUSS

H. R. FREDERICO

N. J. BUCKLEY

GRAHAM R. BELL

T. E. LINDENMAYER

Β. ROSS-JONES

J. T. GUN

GEOFFREY I. WALSH

ADRIAN SMITHERS

EDWARD BUTLER

P. F. UNDERHILL

RICHARD W. GEE

D. BULBECK

JAMES BARRY

RODNEY N. PURVIS

     

91R549.DOC, 10/06/92, 11:02

 

J. WILCZEK

J. V. KAY

A GRAHAM

N.MUSHIN

C. A. MOORE

P. F. A. HILTON

M. A. HANNON

B.J.WARNICK

Judges of the Family Court

of Australia

IAN J. LOUGHNAN

Principal Registrar

Family Court of Australia

1. Commencement

1.1 These Rules commence on 15 June 1992.

2. Amendment

2.1 The Family Law Rules are amended as set out in these Rules.

3. Order 6, rule 1 (Sittings and holidays)

3.1 Paragraph 1 (3) (b): Omit the paragraph.

4. Order 25, new rule 4a

4.1 After rule 4, insert:

Memorandum to the court

“4A. At the conclusion of a court-ordered counselling conference, the relevant Director of Court Counselling must:

(a) ensure that a memorandum in accordance with Form 69 is forwarded to the court; and

 

(b) advise the parties of the recommendations made in the memorandum.”.

5. New Order 30b

5.1 After Order 30A, insert:

“ORDER 30b—ASSESSORS

Court may call in assessors

“1. (1) In any proceedings under the Act, the Regulations or these Rules (except prescribed proceedings), the court may call on one or more assessors to assist the court in relation to any matter before the court.

“(2) If the court calls on an assessor, the court is not bound by any opinion or finding of the assessor.

Procedure at hearings with assessors present

“2. A hearing with an assessor is to be conducted as the court directs.

Remuneration of assessors

“3. An assessor is to be paid:

(a) remuneration as determined by the court; and

(b) in the first instance—by whichever party the court directs.”.

6. Order 31B, rule 1 (Interpretation)

6.1 Insert the following definitions :

“‘regional appeal registrar’ has the same meaning as in Order 32;

‘regional appeal registry’ has the same meaning as in Order 32;”.

7. Order 31b, rule 21 (Appeal from decision of Family Court)

7.1 Subrule 21 (1):

Omit “principal registry”, substitute “regional appeal registry”.

7.2 Subrule 21 (3):

Omit “Principal Registrar”, substitute “regional appeal registrar”.

8. Order 32, rule 6 (Amendment of notice of appeal)

8.1 Subparagraph 6 (1) (b) (ii):

Omit “application”, substitute “notice”.

9. Order 32, rule 7 (Cross appeals)

9.1 Subparagraph 7 (1) (b) (ii):

Omit “application”, substitute “notice”.

10. Order 32, rule 16 (Setting down appeal)

10.1 Omit “Where the appeal papers have been filed, the”, substitute “The regional”.

11. Order 36a, rule 2 (Delegation of powers to Registrars)

11.1 Paragraph 2 (1) (ea):

Omit “an”, substitute “any”.

11.2 Paragraph 2 (1) (1):

Omit the paragraph.

11.3 Paragraph 2 (2) (n):

Omit “16 and 20”, substitute “16, 20 and 39”.

12. Order 36a, rule 3 (Delegation of powers to Judicial Registrars)

12.1 Paragraph 3 (c):

Omit the paragraph.

12.2 After paragraph 3 (e) insert:

“(eaa) the powers of the court under sections 57 and 58 of the Act;”.

12.3 Paragraph 3 (t):

Omit the paragraph.

13. Order 36a, rule 5 (Prescribed times in relation to review)

13.1 Paragraph 5 (1) (b):

Omit “a power referred to in any of paragraphs (b) to (y) (inclusive) of rule 3 of this Order”, substitute “the other powers referred to in rule 3”.

14. Schedule 1 (Forms)

14.1 Form 49:

Omit “subsection 70 (3)” (3 times occurring), substitute “section 112ad”.

14.2 Form 49:

Omit “SUBSECTION 70 (3)” (once occurring), substitute “SECTION 112ad”.

14.3 New Form 69:

After Form 68, insert:

“FORM 69 Order 25, rule 4a

MEMORANDUM BY COURT COUNSELLOR

FROM:..............................................(Counsellor)

RE: .................................... No. ........................

DATE OF ORDER:..........................................

NATURE OF REFERRAL: *subsection 62 (1)/*Order 24

DATE OF CONFERENCE(S):.........................................

PARTIES INTERVIEWED:..............................................

OUTCOME:
Agreement reached	No agreement
Guardianship	(  )	(  )
Custody	(  )	(  )
Access	(  )	(  )
Occupancy	(  )	(  )
Other	(  )	(  )

If issues relate to less than all children, specify ............................................

(

 ) No further appointments for privileged counselling were made.

(

 ) A further appointment has been made for privileged counselling on.......................

 

CASE MANAGEMENT OPTIONS:

It is my opinion that, if this family appears before the court with a dispute:

• (

   ) further privileged counselling is indicated before a judicial decision.

• (

   ) the parties should be given more time to attempt to settle the matter through:

  • (

     ) further counselling.

  • (

     ) mediation.

  • (

     ) Joint Registrar/Counsellor Conciliation Conference.

• (

   ) after the determination of preliminary issues, there should be further privileged counselling.

• (

   ) no further privileged counselling is desirable or useful.

• (

   ) a family report should be ordered:

  • (

     ) at the pre-hearing conference.

  • (

     ) as soon as possible.

• (

   ) a separate representative should be appointed for the children.

• (

  ) the court should request the intervention of the State welfare officer under section 91b of the Family Law Act 1975.

• (

   ) other:

Further:

• (

  ) a notification has been made by a counsellor under section 70bb of the Family Law Act 1975

Dated: 19  .

.................................................

(Signature of counsellor)

*Omit if not applicable.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 June 1992.

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; 1991 Nos. 122, 414, 475 and 476; 1992 Nos. 8 and 45.