Family Law Rules (Amendment) (Cth)

Statutory Rules 1991 No. 4141

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 5 December 1991.

ALAN J. BARBLETT

J. EDWARD ELLIS

J. F. FOGARTY

K. A. MURRAY

STEVEN STRAUSS

H. R. FREDERICO

E. R. BAKER

ALWYNNE ROWLANDS

T. H. McGOVERN

B. ROSS-JONES

RODERICK JOSKE

JOSEPHINE M. MAXWELL

J. T. GUN

GEOFFREY I. WALSH

W. B. TREYVAUD

EDWARD BUTLER

PETER B. HASE

RICHARD W. GEE

B. BULBECK

M. A. RENAUD

J. S. PURDY

RODNEY N. PURVIS

W. ROURKE

     

91R269.DOC, 05/12/91, 16:02

H. J. BURTON

G. R. MULLANE

MARY JANE M. LAWRIE

A. GRAHAM

P. J. MOSS

JOHN COHEN

MARY FINN

NAHUM MUSHIN

C. A. MOORE

I. R. COLEMAN

M. A. HANNON

Judges of the Family Court of Australia

I. LOUGHNAN

Principal Registrar

Family Court of Australia

I. W. P. McCALL

ALAN J. BARBLETT

G. E. FERRIER

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. Commencement

1.1 These Rules commence on 16 December 1991.

2. Amendment

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

3. Order 2, rule 2 (Requirements with respect to documents)

3.1 Paragraph 2 (1) (f):

Omit “subrule (2)”, substitute “subrules (2), (3), (4) and (5)”.

3.2 After subrule 2 (2), insert:

“(3) A document in accordance with Form 31, 32, 34, 35, 39, 40, 41, 42, 42a, 50, 51, 52, 53, 59 or 67 does not require a cover sheet in accordance with Form 1.

“(4) A document in accordance with Form 45a or 45b shall have a cover sheet in accordance with Form 1a.

“(5) If the filing registry is changed, the title of a document filed subsequently is to be varied accordingly.”.

4. Order 7, rule 3 (Title to documents)

4.1 Omit the rule.

5. Order 11, rule 17a (New cause of action)

5.1 Paragraph 17a (b):

Omit the paragraph, substitute:

“(b) a respondent who has filed an answer or an answer and cross application;”.

5.2 Add at the end:

“(2) Subject to subrule 23 (2), the leave of the court is not required to amend an application or cross application made in accordance with subrule (1).

“(3) If an applicant or a respondent makes an amendment in accordance with subrule (1), the person making the amendment must immediately file an application for a directions hearing.”.

6. Order 11, rule 23 (Amendment by party)

6.1 Subrule 23 (2):

After “paragraph (1) (a)”, insert “or rule 17a”.

91R269.DOC, 05/11/91. 16:00

7. Order 30, rule 2 (Evidence in chief by affidavit)

7.1 Subrule 2 (3):

Omit the subrule, substitute:

“(3) An affidavit referred to in subrule (2) must be filed and served in accordance with directions given by the court.”.

8. Order 31b, rule 10 (Application for declaration under subsection 106 (1) or 107 (1) of the Assessment Act)

8.1 Paragraph 10 (1) (a):

Omit “28 days”, substitute “1 month”.

9. Order 31b, rule 11 (Appeal against incorrect assessment—subsection 110 (1) of the Assessment Act)

9.1 Paragraph 11 (1) (a):

Omit “28 days”, substitute “1 month”.

10. Order 31b, rule 14 (Appeal against decision of Child Support Registrar under section 132 of the Assessment Act)

10.1 Paragraph 14 (1) (a):

Omit “28 days”, substitute “1 month”.

11. Order 31b, rule 17 (Time for filing an appeal under section 88 of the Registration Act)

11.1 Paragraph 17 (a):

Omit “28 days”, substitute “1 month”.

12. Order 31b, rule 18 (Leave to appeal from decision of court of summary jurisdiction)

12.1 Paragraph 18 (2) (a):

Omit “28 days”, substitute “1 month”.

91R269.DOC, 05/11/91, 16:00

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

13.1 Paragraph 21 (2) (a):

Omit “28 days”, substitute “1 month”.

14. Order 31b, rule 26 (Review of decision of Judicial Registrar)

14.1 Paragraph 26 (1) (a):

Omit “28 days”, substitute “1 month”.

15. Order 32, rule 2 (Appeal to Full Court)

15.1 Paragraph 2 (1) (b):

Omit the paragraph, substitute:

“(b) by:

(i) forwarding to the principal registry, by facsimile transmission, a copy of the notice of appeal in accordance with Form 42; and

(ii) filing the original and 2 copies of the notice of appeal forwarded in accordance with subparagraph (i) not later than 3 clear days after the application was forwarded under that subparagraph.”.

16. New Order 32a (APPLICATION FOR LEAVE TO APPEAL)

16.1 After Order 32, insert:

“ORDER 32a—APPLICATION FOR LEAVE TO APPEAL

Interpretation

“1. In this Order, unless the contrary intention appears:

'application' means an application for leave to appeal under section 94aa of the Act;

'prescribed decree' has the same meaning as in section 94aa of the Act.

Institution of applications

“2. An application must be instituted:

(a) by filing in the principal registry an original and 2 copies of the application in accordance with Form 67; or

91R269.DOC, 19/11/91, 09:24

(b) by:

(i) forwarding to the principal registry, by facsimile transmission, a copy of the application in accordance with Form 67; and

(ii) filing the original and 2 copies of the application forwarded in accordance with subparagraph (i) not later than 3 clear days after the application was forwarded under that subparagraph.

Time for filing an application

“3. An application must be filed:

(a) not later than 21 days after the day on which the prescribed decree to which the application relates was made; or

(b) within such further time as a Judge of a court having jurisdiction under the Act directs.

Affidavit in support of an application

“4. (1) An application must be supported by an affidavit setting out briefly:

(a) the facts on which the application is based; and

(b) the specific questions of law (if any) raised by the application.

“(2) The affidavit must have annexed:

(a) a copy of the prescribed decree appealed from; and

(b) the reasons for judgment (if any); and

(c) a draft notice of appeal setting out the grounds of appeal to be relied upon in the event that leave to appeal is granted; and

(d) the reasons why leave to appeal should be granted.

Service

“5. (1) Not later than 7 days after instituting an application, the applicant must serve a sealed copy of the application by assured service on each person who was a party to the proceedings when the prescribed decree to which the application relates was made.

91R269.DOC, 05/11/91, 16:00

“(2) If an application has been instituted:

(a) the Judge who made the prescribed decree; or

(b) if that Judge is not reasonably available—another Judge of the court in which the prescribed decree was made;

may, on application by a party to the application, direct the applicant to serve a sealed copy of the application on a person who is not a party to the application.

Direction to proceed without oral hearing

“6. (1) A Judge of the Appeal Division may direct that the application is to be dealt with by the Full Court without an oral hearing.

“(2) The Principal Registrar must give notice to the parties if a direction is given under subrule (1).

Procedure if a direction is given that matter be dealt with without oral hearing

“7. (1) If a direction is given under rule 6, a party served with the application may file an answer to the application.

“(2) The answer must:

(a) be by affidavit; and

(b) be filed and served not later than 10 days after receipt by the respondent of the notice from the Principal Registrar.

Hearing of application for leave

“8. On the hearing of an application for leave the Full Court may, with the consent of the parties or of its own motion:

(a) hear and determine the application; or

(b) treat the application as an application for directions; or

(c) hear and determine the appeal.

Leave to appeal may be on terms

“9. The Full Court may grant leave to appeal on terms.”.

91R269.DOC, 05/11/91, 16:00

17. Order 33, rule 2 (Enforcement of maintenance etc. orders and debts due to the Commonwealth)

17.1 Paragraph 2 (1) (aa):

After “section 30”, insert “or 67”.

17.2 Subparagraph 2 (4a) (a) (i):

Omit the subparagraph, substitute:

“(i) is liable to pay a registrable maintenance liability under the Child Support (Registration and Collection) Act 1988; or”.

18. New Order 33, rule 11

18.1. After Order 33, rule 10 insert:

Information laid before a magistrate under subsection 112ah of the Act

“11. (1) An information laid before a magistrate under subsection 112ah (2) of the Act:

(a) must be in accordance with Form 49a if the informant seeks the issue of a summons under paragraph 112ah (2) (a) of the Act; or

(b) must be in accordance with Form 49b if the informant seeks the issue of a warrant under paragraph 112ah (2) (b) of the Act.

“(2) For the purposes of service of the documents referred to in subrule (1):

(a) it is not necessary to serve the original of the document; and

(b) it is sufficient to serve a photostat copy of:

(i) the sealed Information and Summons; or

(ii) the sealed Information for the Issue of a Warrant; as the case may be.”.

19. Order 34, rule 6 (Other offences and breaches)

19.1. Subrule 6 (2):

Omit “for that other person”, substitute “for the other person to”.

91R269.DOC, 05/11/91, 16:00

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

20.1 Subrule 2 (1):

After paragraph 2 (1) (e), insert:

“(ea) the power to make an order relating to maintenance;”.

20.2 Subrule 2 (1):

After paragraph 2 (1) (1), insert:

“(1a) the power to make an order under section 84 of the Act in relation to enforcement proceedings instituted under Order 33;”.

20.3 Subrule 2 (1):

After paragraph 2 (1) (o), insert:

“(oa) the power to grant an injunction under subsection 114 (1) of the Act in relation to enforcement proceedings instituted under Order 33;”.

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

21.1 Paragraph 3 (f):

Omit “subsection 64 (11a) or (11b)”, substitute “section 64a”.

21.2 Paragraph 3 (i):

After “under section”, insert “70aa or”.

21.3 After paragraph 3 (r), insert:

“(ra) the power to grant leave for a child to be examined under section 102a of the Act;

(rb) in relation to an order made by a Judicial Registrar, the power, under section 112ak of the Act, to vary or discharge an order under section 112ad of the Act;”.

21.4 After paragraph 3 (y), insert:

“(ya) the powers of a judge to deal with contempt in the face of the court;”.

91R269.DOC, 06/11/91, 16:00

22. Schedule 1 (Forms)

22.1 Form 1:

Omit the heading, substitute:

“FORM 1 Order 2, paragraph 2 (1) (f)

COVER SHEET”.

22.2 After Form 1, insert:

“FORM 1a Order 2, subrule 2 (4)

FORM No. [ ]

PROCEEDINGS UNDER:

*Child Support (Assessment) Act 1989

*Child Support (Registration and Collection) Act 1988

IN THE

AT

No.

of 19

 .

BETWEEN

Child Support Registrar

AND
surname	[	]
given names	[	]
street name and number	[	]
*city/*suburb/* town	[	]
State or Territory	[	]
postcode	[ ]
*husband/*father
*wife/*mother
PROCEEDINGS FOR:	[	]
DOCUMENT	[	]
*Return date/*Next hearing date	[ 19 ]
Filed on behalf of:	Child Support Registrar

91R289.DOC, 05/11/91, 16:00

 

Address for service	Office	[	]
Street name and number	[	]
* city/* suburb/* town	[	]
State or Territory	[	]
postcode	[	]
telephone	[	]
document exchange	[DX	]
facsimile	[	]
solicitor's code	[	]

*Omit if not applicable”.

22.3 Form 7:

Omit paragraph 8 of the part relating to Initiating Application, substitute:

“8. GUARDIANSHIP, CUSTODY AND ACCESS

8.1 The present arrangements for the *child/*children are:

(a) housing:

(b) other occupants of the house and relationship(if any) to the *child/*children or parents:

(c) supervision:

(d) education:

(e) health of *child/*children and parents or applicant:

(f) access:

(g) maintenance and other financial support for the *child/*children:

(h) other relevant facts:

8.2 The changes (if any) to the above arrangements proposed by the applicant are as follows:(1)

8.3 The parties have had counselling as follows:

(Set out name of each counselling organisation and date/s of counselling consultation)

8.4 The parties have attended mediation conferences as follows:

(Set out the date/s of the mediation conference/s)

8.5 Other facts relied on by the applicant as to guardianship, custody and access are as follows:(1) “.

22.4 Form 12:

Omit paragraph 3 of the part relating to Application, substitute:

“3. The date of birth of each of the children is as follows:

NameDate of birth

(1)

(2) ”.

91R289.DOC, 05/11/91, 16:00

22.5 Form 39:

Omit the Form, substitute:

“FORM 39 Order 31 rule 1

DECREE NISI OF DISSOLUTION OF MARRIAGE

IN THE FAMILY COURT OF

AT

IN THE MARRIAGE OF:

(husband)

and

(wife)

Before the Family Court of

On 19 .

1. The application of (full name)for the dissolution of the marriage of the abovenamed husband and wife was heard today.

2. The court was satisfied that the abovenamed (full name) was domiciled In Australia (or was a citizen of Australia or was ordinarily resident in Australia).

3. The court held that the marriage had broken down irretrievably.

4. The court decreed that, on and subject to the decree of the court becoming absolute, the marriage solemnised at (place of solemnisation) on 19 between the abovenamed husband and wife be dissolved.

5. The court by order declared that it was satisfied that there are no children of the marriage who have not attained the age of 18 years.

or

5. The court by order declared that:

(a) it was satisfied that the only *child/*children of the marriage who have not attained the age of 18 years *is/*are the *child/*children specified in the order; and

(b) proper arrangements in all the circumstances have been made for the welfare of the *child/*children.

91R269.DOC, 19/11/91, 09:25

or

5. The court by order declared that:

(a) it was satisfied that the only *child/*children of the marriage who have not attained the age of 18 years *is/*are the *child/*children specified in the order; and

(b) it was not satisfied that proper arrangements in all the circumstances have been made for the welfare of the *child/*children.

or

5. The court by order declared that:

(a) it was satisfied that the only *child/*children of the marriage who have not attained the age of 18 years *is/*are the *child/*children specified in the order; and

(b) there are circumstances by reason of which the decree nisi should become absolute even though the court is not satisfied that proper arrangements for the welfare of the *child/*children have been made.

By the Court,

Registrar.

*Omit if not applicable.

NOTES: 1. A party to a marriage who remarries before this decree becomes absolute (unless the other party has died) commits the offence of bigamy.

2. If, before this decree becomes absolute, it comes to the notice of a party to the marriage that the other party has died, he or she should file an affidavit or certificate in the office of the court giving particulars of the date and place of death.

3. If the parties to the marriage become reconciled before this decree becomes absolute, application should be made to the court before the decree becomes absolute for rescission of the decree.

4. If a party to the marriage proposes to make an application to the court as to property or as to his or her maintenance, the application must be made within 12 months of the decree becoming absolute. After that time an application cannot be made without first obtaining the leave of the court.”.

91R268.DOC, 18/11/91, 09:26

22.6 Form 41:

Omit the Form, substitute:

“FORM 41 Order 31, rule 4

MEMORANDUM OR CERTIFICATE THAT DECREE NISI HAS BECOME ABSOLUTE

IN THE FAMILY COURT OF

AT

IN THE MARRIAGE OF:

(husband)

and

(wife)

1. Date of decree nisi:

2. Date of order under *paragraph 55a (1) (a)/*subparagraph 55a (1) (b) (i)/ *subparagraph 55a (1) (b) (ii) of the Family Law Act 1975:

I certify that the decree nisi of dissolution of marriage between the abovenamed husband and wife became absolute on 19

Dated 19 .

 

Registrar

*Omit if not applicable.”.

22.7Form 44:

Omit the Form, substitute:

“FORM 44 Order 36a, rule 7

APPLICATION FOR REVIEW OF EXERCISE OF POWER BY *JUDICIAL REGISTRAR/*REGISTRAR

DATE OF FILING:	[	19	]
THIS REVIEW IS SOUGHT BY:	*husband
*wife
*other person

91R289.DOC, 05/11/91, 16:00

 

APPLICANTS ADDRESS FOR SERVICE	[	]
[	]
[	]
postcode	[	]

NOTICE OF HEARING

This application to review HAS BEEN SET DOWN FOR HEARING by the court  at  on 19 at  *am/*pm.

 

Registrar

APPLICATION

(Full name), a party to the abovementioned proceedings in which

*(name of Judicial Registrar),a Judicial Registrar has exercised a power delegated under subsection 26b of the Family Law Act 1975,in that the Judicial Registrar made the following order:

(set out order to be reviewed)

*(name of Registrar), a Registrar has exercised a power delegated under subsection 37a (1) of the Family Law Act 1975, in that the Registrar made the following order:

(set out order to be reviewed)

applies to the court to review the exercise of the power.

The applicant seeks the following orders:

(1)

(2)

Dated 19 .

 

(Signature of *solicitor for the applicant/ *the applicant)

*Omit if not applicable”.

22.8 Form 45:

Omit paragraph 3, substitute:

91R289.DOC, 05/11/91, 16:00

“3. An application may be made for the issue of a summons for you to attend court to be orally examined concerning your failure to comply with the order or agreement. 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.”.

22.9 Form 45a:

Omit paragraph 4, substitute:

“4. An application may be made for the issue of a summons for you to attend court to be orally examined concerning your failure to comply with the order or agreement. However, if you give complete answers to the questions set out below and return this form to the address set out in paragraph 5 within 10 days, the issue of a summons may be avoided.”.

22.10 Forms 47, 48 and 49:

Omit the Forms, substitute:

“FORM 47 Order 34, rule 2

APPLICATION - CONTEMPT - SECTION 112ap

DATE OF FILING:	[	19	]
DATE OF MARRIAGE:	[	19	]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANTS ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent:

(full name)

TAKE NOTICE that the attached application for you to be dealt with by the court for contempt of court HAS BEEN SET DOWN FOR HEARING by the court at on 19 , at *a.m./*p.m.

AND FURTHER TAKE NOTICE that, if you do not appear personally before the court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the court in custody.

91R269.DOC, 06/11/91, 18:00

Dated 19 .

Registrar

APPLICATION

(Full name of applicant)	[	]
(If applicant is not the husband
or wife, set out the applicant's	[	]
full address)	[	]
[	]
postcode	[	]
whose occupation is:	[	]

applies for the respondent (full name)to be dealt with by the court for contempt of court in that it is alleged by (full name of applicant) that the respondent (set out the acts or omissions constituting the alleged contempt and the place or places at which such acts or omissions took place)

*(a) on 19 ;

*(b) between 19 and 19 ;

and by reason of the stated acts or omissions the respondent is in contempt of the court.

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

Dated 19 .

 

(Signature of*solicitor/*applicant)

*Omit if not applicable.

FORM 48 Order 34, rule 6

APPLICATION—SECTION 112ad

DATE OF FILING:	[	19	]
DATE OF MARRIAGE:	[	19	]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

91R269.DOC, 05/11/91,09:16

To the respondent:

(full name)

TAKE NOTICE that the attached application that you be dealt with under the provisions of section 112ad of the Family Law Act 1975 as set out in the application HAS BEEN SET DOWN FOR HEARING by the court at  on 19 at *a.m./*p.m.

AND FURTHER TAKE NOTICE that, if you do not appear personally before the court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the court in custody.

Dated 19 .

Registrar

APPLICATION

(Full name of applicant)	[	]
(If applicant is not the husband
or wife, set out the applicant's	[	]
full address)	[	]
[	]
postcode	[	]
whose occupation is:	[	]

applies for the respondent (full name)to be dealt with by the court in that the respondent has without reasonable excuse contravened an order under the Family Law Act 1975 *made by/*granted by/*filed in the Court at on 19 .

PARTICULARS OF ORDER

(Set out the relevant parts of the order, injunction, etc. alleged to have been contravened)

PARTICULARS OF CONTRAVENTION OR INTERFERENCE

(Set out, with dates and places where appropriate, the alleged acts or omissions of the respondent alleged to constitute the contravention or interference)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

Dated 19 .

(Signature of *solicitor/*applicant)

*Omit if not applicable.

91R269.DOC, 05/11/91, 16:00

NOTE: For information to be inserted in square brackets, set out the required information commencing as near as practicable to the left hand bracket.

FORM 49 Order 34, rule 9

APPLICATION—SUMMARY ACCESS ENFORCEMENT

DATE OF FILING:	[	19	]
DATE OF MARRIAGE:	[	19	]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANTS ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent:

(full name)

TAKE NOTICE that the attached application for you to be dealt with by the court for a contravention of subsection 70 (3) of the Family Law Act 1975 HAS BEEN SET DOWN FOR HEARING by the court at  on 19 , at *a.m./*p.m.

AND FURTHER TAKE NOTICE that if you do not appear personally before the court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, a WARRANT MAY BE ISSUED for your arrest and you may be brought before the court in custody.

Dated 19 .

*Omit if not applicable.

APPLICATION

(Full name of applicant)	[	]
(If applicant is not the husband or
wife, set out applicant's address)	[	]
[	]
[	]
postcode	[	]

91R269.DOC, 05/11/91, 16:35

whose occupation is: [ ] applies for the respondent (full name)to be dealt with by the court for a contravention of subsection 70 (3) of the Family Law Act 1975.

The applicant alleges that the respondent contravened subsection 70 (3) of the Act in that the respondent, without just cause or excuse, hindered or prevented the applicant from obtaining access, or interfered with access by the applicant to (full name of each child)to whom the applicant has a right of access in accordance with the order made by the  Court sitting at on 19 .

PARTICULARS OF ORDER

(Set out particulars of that part of the order which it is alleged the respondent has contravened)

PARTICULARS OF CONTRAVENTION OF SUBSECTION 70 (3)

(Set out particulars, including dates, of each act or omission by which the respondent is alleged to have hindered or prevented, or interfered with, access to a child in accordance with the order)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

Dated 19 .

(Signature of *solicitor/*applicant)

*Omit if not applicable.

NOTE: For information to be inserted in square brackets, set out the required information commencing as near as practicable to the left hand bracket.

AFFIDAVIT

I, (full name, address and occupation) ,*make oath and say/*affirm as follows:

1. I am the above-named applicant.

2. The particulars set out in the application are true to the best of my knowledge, information and belief.

3. It is necessary for the welfare of the child that the application be heard urgently.

*SWORN/*AFFIRMED by the deponent

at

on

 19

(Signature of deponent)

91R269.DOC, 19/1191, 09:29

Before me:

(Signature and title of person

before whom the affidavit is

sworn or affirmed)

*Omit if not applicable.

FORM 49a Order 33, rule 10

INFORMATION AND SUMMONS

IN THE *MAGISTRATES/*LOCAL COURT

AT

To: (full name and address of defendant)

BY ORDER of the Family Court of *Australia/*Western Australia at dated 19 , a sealed, copy of which is annexed,

*a sentence was imposed on you.

*an order was directed to you.

I, (full name and address of informant) allege that you have, without reasonable excuse, failed to comply

*with the *sentence/*order.

*with the requirements made in relation to the sentence or order by or under the applied provisions.

Dated 19 .

(Signature of applicant)

91R269.DOC, 05/11/91, 16:00

SUMMONS

To: (full name and address of defendant)

YOU ARE ORDERED to attend the Court at on  19 at *a.m./*p.m. and to attend from day to day, unless you are excused or released from attendance by the court or a Registrar, until the hearing of the above proceeding is completed.

(Magistrate)

NOTE: Subsection 112ah (3) of the Family Law Act 1975 provides that if you fail to attend before the court as required by a summons, a warrant may issue for your arrest.

*Omit if not applicable.

FORM 49b Order 33, rule 10

INFORMATION FOR THE ISSUE OF A WARRANT

IN THE *MAGISTRATES/*LOCAL COURT

AT

To: (full name and address of defendant)

BY ORDER of the Family Court of *Australia/*Western Australia at dated  19 , a sealed copy of which is annexed,

*a sentence was imposed on you.

*an order was directed to you.

1. I, (full name and address of informant) allege that you have, without reasonable excuse, failed to comply

*with the *sentence/*order

*with the requirements made in relation to the sentence or order by or under the applied provisions

2. I believe that proceedings against you by summons might not be effective for the following reasons:

(In numbered paragraphs concisely state the reasons).

91R269.DOC, 05/11/91, 16:00

3. I apply for the issue of a warrant.

*SWORN/*AFFIRMED

at

on 19 .

(Signature of informant)

Before me:

(Signature and title of person before whom

information is sworn or affirmed)

NOTE: A copy of this Information should be served on the defendant at the time of execution of the Warrant of Arrest.

*Omit if not applicable”.

22.11 Add at the end:

“FORM 67 Order 32a, rule 2

APPLICATION FOR LEAVE TO APPEAL—SECTION 94aa

Family Law Act 1975

IN THE FAMILY COURT OF AUSTRALIA Application No. 19 .

BETWEEN
Applicant (husband, wife
or other person)
AND
Respondent (husband, wife
or other person)
DATE OF FILING:
This application is made by:	*husband
*wife
*other person
APPLICANTS ADDRESS FOR SERVICE:

91R269, DOC, 05/11/91, 16:00

DATE'S OF HEARING:

DATE OF DECREE:

NAME OF JUDGE:

REGISTRY OR PLACE WHERE DECREE MADE:

1. The applicant applies for leave to appeal from

* the whole of the decree.

* the following *part/*parts of the decree(specify the part or parts of the decree that are the subject of the application for leave).

2. The facts on which the application is based are set out in the supporting affidavit.

Dated 19 .

(Signature of *applicant/*applicant's solicitor)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

Dated 19 .

(Signature of *solicitor/*applicant)

*Omit if not applicable”.

23. Schedule 2 (Costs)

23.1 Omit items 9 and 10, substitute:

“8a	Transmitting urgent and necessary written material
by means of the solicitor's own facsimile machine...........	$5.00 for the first page $2.00 for each subsequent page
(NOTE:  STD and ISD transmission fees may be claimed as a disbursement properly incurred.)
8b	Receiving written material by means of the solicitor's own facsimile machine.....................................................	$1.00 per page
9	Time reasonably spent  by a  solicitor on work requiring the skill of a solicitor, other than work referred to in item 1, 2, 3, 4, 5, 6, 7, 8, 8a, 8b or 10.......................	At the rate of $104.40 per hour

91R269.DOC, 05/11/91, 16:42

 

10

Time reasonably spent by a solicitor or by a clerk of a solicitor on work other than work referred to in item 1, 2, 3, 4, 5, 6, 7, 8, 8a, 8b or 9..........................

414 At the rate of $68.10 per hour”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 December 1991.

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 No. 122.

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