Family Law Rules (Amendment) (Cth)

Statutory

Rules1991No. 122 1

__________________

Family Law Rules 2(Amendment)

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

 Dated 29 May 1991.

 J. EDWARD ELLIS

 W. S. SIMPSON

 J. FOGARTY

 STEVEN STRAUSS

 E. R. BAKER

 N. J. BUCKLEY

 ALWYNNE ROWLANDS

 

R. C. WOOD

 S. J.

 GRAHAM R. BELL

 T. E. LINDENMAYER

 B. ROSS-JONES

 RODERICK JOSKE

 JOSEPHINE M. MAXWELL

 J. T. GUN

 GEOFFREY I. WALSH

 ADRIAN SMITHERS

 R. J. BULLEY

 W. B. TREYVAUD

 P. F. UNDERHILL

 PETER B. HASE

 JOHN ELLIOTT

 D. BULBECK

 JAMES BARRY

 J. S. PURDY

 W. ROURKE

 H. J. BURTON

 J. V. KAY

 G. R. MULLANE

 MARY JANE M. LAWRIE

 P. J. MOSS

 J. COHEN

 MARY FINN

 COLLEEN MOORE

 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. F. CONNOR

 G. E. FERRIER

 D. R. ANDERSON

 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 10 June 1991.

2.   Amendment

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

3.   Order 1, rule 4 (Interpretation)

3.1   Subrule 1 (4):

Insert the following definitions:

“‘abuse’, in relation to a child, has the same meaning as in section 60 of the Act;

‘Child Support Registrar’ has the same meaning as in the Child Support (Registration and Collection) Act 1988;

‘member of the Court personnel’ has the same meaning as in section 60 of the Act;

‘prescribed child welfare authority’ has the same meaning as in section 60 of the Act;”.

4.   Order 4, rule 8 (Proceedings in chambers)

4.1   Subrule 8 (2):

Omit the subrule, substitute:

“(2)

A court may exercise in chambers any jurisdiction conferred on it and any sitting held in chambers shall be as valid and effectual as if it were held in open court.”.

4.2   Subrule 8 (3):

Omit “A Judge or magistrate”, substitute “A court”.

5.   Order 18, rule 5 (Mode of service)

5.1   Subrule 5 (1d):

After “is put down”, insert “and left”.

6.   Order 18, rule 13 (Service of application for other relief)

6.1   Paragraph 13 (b):

After “each affidavit”, insert “or other document”.

7.   Order 20, rule 7 (Application for production by other persons)

7.1   Subrule 7 (1):

Omit “document”, substitute “book, document or thing”.

8.   Order 20, rule 8 (Production by other persons)

8.1   Omit “document” (wherever occurring), substitute “book,

document or thing”.

9.   New Order 23a

9.1   After Order 23, insert:

“ORDER 23a—NOTIFICATION OF CHILD ABUSE

Filing of notice under section 70ba of the Act

“1.

(1)  Where a party to proceedings is required to file a notice under subsection 70ba (2) of the Act:

(a)

the notice shall be in accordance with Form 66; and

(b)

2 copies of the notice shall be filed in the filing registry.

“(2)

As soon as practicable after filing a notice under subrule (1), the Registrar of the filing registry shall forward a sealed copy of the notice to a prescribed child welfare authority.

Service of notice

“2.

Where, under subsection 70ba (2) of the Act, a party to proceedings is required to serve a true copy of a notice upon a person:

(a)

who is alleged to have abused a child; or

(b)

from whom a child is alleged to be at risk of abuse;

the service shall be by assured service.”.

10.   Order 26 (REGISTRATION OF AGREEMENTS AND CUSTODY ORDERS)

10.1   Omit the heading to the Order, substitute:

“ORDER 26—REGISTRATION OF AGREEMENTS, CUSTODY ORDERS AND DEBTS DUE TO THE COMMONWEALTH”.

11.   New Order 26, rule 4

11.1   After Order 26, rule 3, add:

Registration of debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988

“4.

A debt due to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 may be registered in a court having jurisdiction under that Act by filing a certificate issued under subsection 116 (2) of that Act.”.

12.   New Order 30, rule 2a

12.1   After Order 30, rule 2 insert:

Evidence in interlocutory applications

 “2a. (1)  This rule applies only:

(a)

to evidence other than evidence on an issue at a trial; and

• (b)

  where, but for this rule, undue delay or inconvenience would be caused.

“(2)

If a statement on information and belief is made:

(a)

by a deponent in an affidavit; or

(b)

by a witness being examined orally;

and the deponent or witness gives the source and ground of the information, the court may admit the statement despite the statement being hearsay.

“(3)

If:

(a)

a deponent swears in an affidavit; or

(b)

a witness being examined orally states;

that a document is a copy of an original, the court may admit the document as evidence of the contents of the original even though the original is not produced.”.

13.   Order 31b, rule 1 (Interpretation)

13.1   Definition of “Child Support Registrar”:

Omit the definition.

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

14.1   Before paragraph 2 (1) (a), insert:

• “(aa)

  the recovery of a debt due to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988;”.

14.2   After subrule 2 (4), insert:

 “(4a) If, by an order to which this rule applies:

(a)

a person:

 (i) is liable to pay a registrable maintenance liability under the Child Support Act 1988; or

 (ii) is ordered to pay a debt due to the Commonwealth under that Act; and

• (b)

  that person is not present or represented by counsel or solicitor in the Court when the order is made;

the Child Support Registrar shall cause a sealed copy of the order to be served on that person in accordance with Order 18, paragraph 5 (1) (a).”.

15.   Order 33, rule 3 (Summary procedures on refusal or failure to comply with certain orders)

15.1   After subrule 3 (3) insert:

 “(3a) Where a person is alleged to have refused or failed to pay a debt due to the Commonwealth, the Registrar may:

(a)

issue a notice in accordance with Form 45a; or

• (b)

  if the debt or part of a debt is outstanding for a period of not less than 14 days—issue a summons in accordance with Form 45b.”.

16.   Order 33, rule 7 (Power of sale of real property)

16.1   Omit “a Judge of a Family Court”, substitute “the court”.

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

17.1   Rule 6:

Omit the rule, substitute:

Other offences and breaches

“6.

(1)  This rule applies where it is alleged that a person has:

• (a)

  without reasonable excuse, contravened an order under the Act, the regulations made under the Act or these Rules; or

• (b)

  intentionally, and without reasonable excuse, contravened subsection 64 (10d) of the Act.

“(2)

If a person alleges that another person has committed a contravention to which subrule (1) applies, the first-mentioned person may file an application to a court for that other person be dealt with for the alleged contravention.

“(3)

An application under subrule (2) shall be in accordance with Form 48.”.

18.   Order 34, rule 9 (Summary application to deal with alleged contravention of subsection 70 (3) of the Act)

18.1   Subrule 9 (1):

Omit “Form 48a”, substitute “Form 49”.

18.2   Subrule 9 (2):

Omit “Form 48a”, substitute “Form 49”.

18.3   Subrule 9 (3):

Omit “Form 48a”, substitute “Form 49”.

18.4   Paragraph 9 (3) (a):

Omit “(1) (a) (i)”, substitute “5 (1) (a) (i)”.

18.5   Subrule 9 (4):

Omit “Form 48a”, substitute “Form 49”.

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

19.1   Paragraphs 2 (2) (i) and (j):

Omit the paragraphs, substitute:

“(i)

Order 18, rules 1 and 11 and subrule 3 (2);

• (j)

  Order 19, rules 3, 6, 6a and 7 and subrules 2 (1) and 5 (2);”.

19.2   Paragraph 2 (2) (ma):

Omit the paragraph, substitute:

• “(ma)

  Order 30a;

 (mb) Order 33;”.

20.   Order 36a, rule 3 (delegation of powers to Judicial Registrars)

20.1   After paragraph 3 (v), insert:

• “(va)

  the powers of the court under Order 21;”.

20.2   After paragraph 3 (w), insert:

• “(x)

  the powers of the court under Order 31a to make an interlocutory or interim order excluding the court's powers under Order 31a, subrule 6 (3);”.

20.3   Paragraph 3 (z):

After “any application”, insert “or appeal”.

21.   Schedule 1 (Forms)

21.1   Form 7:

Omit the part relating to Application Initiating Proceedings, substitute:

“APPLICATION INITIATING PROCEEDINGS

 

DATE OF FILING: [ 19 ]

 

APPLICANT'S ADDRESS FOR SERVICE: [

 [

  [

 [

 postcode [

 

To the respondent:

 (full name)

 

The attached application has been set down for hearing, that is:

 

*

 a directions hearing

 

*

 the hearing of an interim or interlocutory application

 

*

 a hearing to determine the matter (court of summary jurisdiction)

by the court at

on

   19     , at *a.m./*p.m.

 

 If you wish to:

(a) defend this application—you must:

• (i)

  if the matter has been set down for a directions hearing—file an answer in accordance with Division 2 of Order 11 of the Family Law Rules not later than 21 days after service of this application on you; or

• (ii)

  if the matter has been set down for the hearing of an interim or interlocutory application—file an affidavit in opposition complying with Order 15 of the Family Law Rules at the earliest practicable date before the return day set out above; or

(b)

seek an order in a different cause of action—you must:

• (i)

  if the matter has been set down for a directions hearing—file an answer and cross application in accordance with Division 2 of Order 11 of the Family Law Rules not later than 21 days after service of this application on you; or

• (ii)

  if the matter has been set down for the hearing of an interim or interlocutory application—file a cross application and an affidavit in support in accordance with Order 15 of the Family Law Rules at the earliest practicable date before the return day set out above.

 

 If you do not appear at the hearing mentioned above, the court may proceed to made the orders sought in the application, or similar orders, in your absence.

  

Dated

                                                  19 .

   

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

 Registrar”.

21.2   Forms 7a and 7b:

Omit the Forms, substitute:

 “FORM 7A Order 11, rules 14 and 15

 

ANSWER/øAND CROSS APPLICATION

 

In answer to the *application/*cross application/*third party notice filed

on 19 and served on 19 , the respondent *husband/*wife states:

 

PART I—ANSWER

(set out matters to be pleaded)(1)

(1)

(2)

 

*PART II—CROSS APPLICATION

(set out matters to be pleaded)(1)

 

(3)

(4)

 

*PART III—ORDERS SOUGHT

 

A. The *respondent/*cross applicant claims:

 (state briefly and clearly the orders the applicant seeks)

 Final orders:

 (1)

 (2)

 (3)

 *Interim/*and /*interlocutory orders:

 (4)

 (5)

 (6)

B. The following facts are relevant to the orders sought:

• (Paragraphs 8, 9, 10 and 11 in Form 7 in Schedule 1 to the Family Law Rules deal with Guardianship, custody and access, Property, Maintenance and Injunctions and other relief respectively.

  You should set out the facts in accordance with whichever of those paragraphs is or are relevant)

 

This *answer/*answer and cross application was *prepared/*settled by (name of *counsel/*solicitor/*applicant).

 Dated 19 .

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

*Respondent/*third party/*solicitor

*Omit if not applicable.

øOmit if no new cause of action is to be raised by the respondent.

(1)Set out concisely in separate paragraphs the facts and matters relied on in accordance with Order 11, rules 5 to 7 (inclusive) of the Family Law Rules.

 

AFFIDAVIT

 

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

 1.

I am the *respondent/*cross applicant.

• 2.

  The facts stated in this Form 7a that are within my personal knowledge are true. All other facts are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by(2)

at 

on 19 .

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

(Signature of *respondent/*cross applicant)

Before me:

 

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

(Signature and title of person before

whom affidavit is sworn or affirmed)

 

*Omit if not applicable.

(2)Insert full name of *respondent/*cross applicant.

  

___________

 

 FORM 7B Order 11, paragraph16 (1) (a)

REPLY TO ANSWER AND ANSWER TO CROSS APPLICATION

 

In answer to the *answer/*answer to cross application filed on 19 and

served on 19 , the applicant *husband/*wife states:

 

PART I—REPLY

(set out matters to be pleaded)(1)

(1)

(2)

 

*PART II—ANSWER TO CROSS APPLICATION

(set out matters to be pleaded)(1)

(3)

(4)

 

*PART III—ORDERS SOUGHT

 

A. The applicant claims:

 (State briefly and clearly the orders the applicant seeks)

 Final orders:

 (1)

 (2)

 (3)

 *Interim/*and/*interlocutory orders:

 (4)

 (5)

 (6)

  

B. The following facts are relevant to the orders sought:

(Paragraphs 8, 9, 10 and 11 in Form 7 in Schedule 1 to the Family Law Rules deal with Guardianship, custody and access, Property, Maintenance and Injunctions and other relief respectively. You should set out the facts in accordance with whichever of those paragraphs is or are relevant.)

 

This *reply/*answer to cross application was * prepared/*settled by (name of *counsel/*solicitor/*applicant).

 Dated 19 .

 

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

*Applicant/*solicitor

 

*Omit if not applicable.

(1)Set out concisely in separate paragraphs the facts and matters relied on in accordance with Order 11, rules 5 to 7 (inclusive) of the Family Law Rules.

 

AFFIDAVIT

 

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

 1.

I am the applicant.

• 2.

  The facts stated in this Form 7b that are within my personal knowledge are true. All other facts are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by(2)

 

at

on 19 .

 

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

 (Signature of applicant)

Before me:

 

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

(Signature and title of person before whom

affidavit is sworn or affirmed)

 

*Omit if not applicable.

(2)Insert full name of respondent.”.

21.3   Form 12:

Omit the Form, substitute

 “FORM 12 Order 9, rule 1

 

APPLICATION FOR ORDER RELATING TO MAINTENANCE OR CONTRIBUTION

 

(SUMMARY PROCEDURE)

 

DATE OF FILING:

 

APPLICANT'S ADDRESS FOR SERVICE:

To the respondent:

 (Full name)

 

YOU ARE HEREBY ORDERED to attend either personally or by your counsel or solicitor at the (name of court) at  on 19   ,

at *a.m./*p.m.

 

You must bring with you to the Court any documents you have in your possession, custody or control which may assist the Court in determining your income, needs and financial resources, including tax returns, bank records and statements, pass books and current pay slips.

 

If you wish to defend this application, you should complete the Notice by Respondent set out at the end of the application, detach the notice and deliver or send it to the Registrar at the address set out in the notice to reach the Registrar before the day stated above as the day fixed for the hearing.

 

If you fail to appear to answer this application an order may be made in your absence.

 

 Dated 19 .

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

Court officer 

APPLICATION

 

(full name of applicant) whose occupation is  , applies for the following orders:

 

 (1)

 (2)

 

*1.

 The husband and wife were married at on 19   .

or

*1.

 The respondent is the (state relationship) of the *child/*children named in this application.

 

2.

 The parties separated on                                         19 .

 

3.

 The dates of birth of the *child/*children are as follows:

 NameDate of birth

 (1)

 (2)

 

*4.

 There is no present order for maintenance.

or

*4.

 There is a current maintenance order made by the (name of court) at on  19 , and it is as follows:

 

(set out relevant part or parts of order).

 

5.

 The gross current weekly income of the applicant is $ from the following sources: 

(include name and address of employer).

 

6.

 To the best of the applicant's knowledge, information and belief, the respondent is employed as  and receives the current weekly gross income of $      from the following sources:

(include name and address of employer).

 

7.

 The fixed weekly expenses of the applicant are:

(set out mortgage, rental, hire purchase, bankcard and any similar fixed expenses).

 

 Dated 19 .

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

Solicitor for the applicant 

*Omit if not applicable.

 

AFFIDAVIT

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

 1.

I am the applicant and I have read this application.

• 2.

  The facts stated in this application that are within my personal knowledge are true.  All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by the applicant

at

on 19 .

 

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

(Signature of applicant)

Before me:

 

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

(Signature and title of person before whom

the affidavit is sworn or affirmed)

 

*Omit if not applicable.

 

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

 

NOTICE BY RESPONDENT

 

To the Registrar,

(name of court)

 

at

 

I, (full name of respondent), having received the application of (full name of applicant) in proceedings to which I am the respondent, give notice that I intend to defend those proceedings.

 

 Dated 19 .

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

(Signature of respondent) ”.

21.4   Form 42:

Omit “DATE*S OF HEARING:”, substitute:

“DATE*S OF HEARING:

 NAME OF JUDGE:”.

21.5   Forms 44, 45, and 46:

Omit the Forms, 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

APPLICANT'S ADDRESS FOR SERVICE

 [  ]

                                                         

[

  ]

                                                         

[

  ]

 

postcode

 [ ]

 

NOTICE OF HEARING

 

This application to review HAS BEEN SET DOWN FOR HEARING by the Court

at

                                                                  on                                                     19 

at

 *a.m./*p.m.

 

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

Registrar

 

APPLICATION

 

(Full name), a party to the above-mentioned proceedings in which

 *(name of Judicial Registrar), a Judicial Registrar has exercised a power delegated under subsection 26b of the Family Law Act 1976, 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 theFamily Law Act 1976, 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.

  

___________

 

 “FORM 45 Order 33, rule 3

 

NOTICE REQUIRING FINANCIAL INFORMATION

 

TO: (Full name and address)

 

1. An order was made (or a maintenance agreement was registered) on (date) requiring that you pay (amount and period) for the benefit of (name).

 

2. It is alleged that you are in default or in arrears in the amount of $ .

 

3. An application may be made for the issue for 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.

 

4. The completed form should be signed and returned to (full name and address).

 

Dated

                                           19 .

 

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

 Registrar

 

Questions:

  (1) What is your present address?

  (2) What is your occupation?

  (3) Who is your employer? (Give details, including the address)

  (4) What are your gross weekly earnings?

  (5) What deductions are made from your earnings by your employer (including income tax)? (Give details)

  (6) What other sources of income do you have? (Give details)

  (7) Does any person owe you money? (Give details)

  (8) Have you any bank accounts or other savings? (Give details, including balances and, where possible, give account numbers)

  (9) Do you own or are you purchasing any land? (Give details)

(10)

Do you own or are you purchasing a motor vehicle? (Give details)

• (11)

  Apart from clothing, tools, household furniture and effects, what other property do you own? (Give details)

• (12)

  What arrangements are you prepared to make to satisfy the arrears under the above-mentioned order or agreement?

 

Dated

                                                  19 .

 

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

 (Signature)

  

___________

 FORM 45a Order 33, rule 3

 

NOTICE REQUIRING FINANCIAL INFORMATION—CHILD SUPPORT

 

TO: (Full name and address)

 

1. Under section 113 of the Child Support (Registration and Collection) Act 1988 the Child Support Registrar may recover debts due to the Commonwealth under that Act.

 

2. You are indebted to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 for (amount).

 

3. It is alleged that you have refused or failed to pay the debt.

 

4. An application may be made for the issue for a summons for you to attend court to be orally examined concerning your failure to pay the debt. 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.

 

5. The completed form should be signed and returned to the Child Support Registrar at (full address).

 

Dated

                                           19 .

 

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

 Registrar

 

Questions:

  (1) What is your present address?

  (2) What is your occupation?

  (3) Who is your employer? (Give details, including the address)

  (4) What are your gross weekly earnings?

  (5) What deductions are made from your earnings by your employer (including income tax)? (Give details)

  (6) What other sources of income do you have? (Give details)

  (7) Does any person owe you money? (Give details)

  (8) Have you any bank accounts or other savings? (Give details, including balances and, where possible, give account numbers)

  (9) Do you own or are you purchasing any land? (Give details)

(10)

Do you own or are you purchasing a motor vehicle? (Give details)

• (11)

  Apart from clothing, tools, household furniture and effects, what other property do you own? (Give details)

 (12) What arrangements are you prepared to make to pay the above-mentioned debt?

 

Dated

                                                  19 .

 

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

 (Signature)

  

___________

 

FORM 45b Order 33, rule 3

 

ENFORCEMENT SUMMONS—CHILD SUPPORT

 

TO: (Full name and address)

 

1. Under section 113 of the Child Support (Registration and Collection) Act 1988 the Child Support Registrar may recover debts due to the Commonwealth under that Act.

 

2. You are indebted to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 for (amount).

 

3. It is alleged that you have refused or failed to pay the debt.

 

4. You are hereby summoned to attend at this court at 

on

 19 at *a.m./*p.m. to be orally examined on all matters relating to your refusal or failure to pay the debt and to produce any book, document or thing in your possession, custody or control described in the Schedule to this summons.

 

5. The court may, on the hearing of this summons and on being satisfied that you have refused or failed to pay the debt or to make arrangements to pay the debt, make such of the following orders as it thinks fit:

• (a)

  an order for the payment of the debt;

• (b)

  a garnishment order in respect of moneys owing to you, including any wages or salary;

• (c)

  an order for the seizure and sale of personal property belonging to you;

• (d)

  an order that your estate be sequestrated;

• (e)

  an order for seizure and sale of any interest in land belonging to you;

• (f)

  such other orders as it thinks necessary to ensure payment of the debt or to prevent the dissipation of property or the wasting of assets.

 

Dated

                                           19 .

 

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

 Registrar

   

SCHEDULE

 

* Omit if not applicable.

 

NOTES: 1.  Subrule 3 (6) of Order 33 of the Family Law Rules provides that a person, who without reasonable excuse, fails to attend before the court as required by a summons commits an offence punishable by a fine not exceeding $500.

 

 2.  Further, subrule 3 (7) of Order 33 of the Family Law Rules provides 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.

 

 3.  If you intend to apply to vary the order or assessment on which the debt is based, you should do so before the date specified in paragraph 4 above.

  

___________

 FORM 46

Order 33, rule 3

 

ENFORCEMENT SUMMONS

 

TO: (Full name and address)

 

1. An order was made (or a maintenance agreement was registered) on (date) requiring that you pay (amount and period) for the benefit of (name).

 

2. Payments under the order or agreement are in default or in arrears in the amount of $ at this date.

 

3. You are hereby summoned to attend at this court at 

on

 19 at *a.m./*p.m. to be orally examined on all matters relating to your refusal or failure to comply with the order or agreement and to produce any book, document or thing in your possession, custody or control described in the Schedule to this summons.

 

4. The court may, on the hearing of this summons and on being satisfied that you have refused or failed to comply with the order or agreement, 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 or agreement;

• (b)

  a garnishment order in respect of moneys owing to you, including any wages or salary;

• (c)

  an order for the seizure and sale of personal property belonging to you;

• (d)

  an order that your estate be sequestrated;

     
• (e)

  an order for seizure and sale of any interest in land belonging to you;

• (f)

  such other orders as it thinks necessary to enable enforcement of its orders or the agreement or to prevent the dissipation of property or the wasting of assets.

 

Dated

                                           19 .

 

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

 Registrar

 

SCHEDULE

 

* Omit if not applicable.

 

NOTES: 1.  Subrule 3 (6) of Order 33 of the Family Law Rules provides that a person, who without reasonable excuse, fails to attend before the court as required by a summons commits an offence punishable by a fine not exceeding $500.

 

 2.  Further, subrule 3 (7) of Order 33 of the Family Law Rules provides 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.

 

 3.  If you intend to apply to vary the order or agreement on which the payments are based, you should do so before the date specified in paragraph 3 above.”.

 

21.6   Forms , 47, 48, 48a 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

APPLICANT'S 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 sent our 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 ]

• [ 

   address) ]

 postcode [              ]

 

whose occupation or office (if any) 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 of not applicable.

  

___________

 

FORM 48 Order 34, rule 6

 

APPLICATION—SECTION 112ad

 

DATE OF FILING: [ ]

DATE OF MARRIAGE: [ ]

THIS APPLICATION IS MADE BY: *husband

 *wife

 *other person

APPLICANT'S ADDRESS FOR SERVICE: [ ]

 [ ]

 [ ]

 postcode [             ]

 

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 or office (if any) 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.

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

APPLICANT'S 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 TAKE FURTHER 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 [ ]

whose occupation or office (if any) 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 interfering 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 (name of 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)

Before me:

 

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

(Signature and title of person

before whom the affidavit is

sworn or affirmed)

 

*Omit of not applicable.”.

21.7   New Form 66:

Add at the end:

 

 “FORM 66 Order 23a, paragraph 1 (1) (a)

 

NOTICE OF CHILD ABUSE OR OF RISK OF CHILD ABUSE

 

To:

 (prescribed child welfare authority)

 

I, (full name and address) being *the applicant/*the respondent/*an intervenor in these proceedings HEREBY GIVE NOTICE that (name of child or children) being *a child/*children to whom these proceedings relate:

*(a)

has been abused; *and/*or

*(b)

is at risk of being abused;

by (full name and address of person alleged to have abused the child or children or from whom the child or children are alleged to be at risk of abuse).

 

*PARTICULARS OF ALLEGED ABUSE

 

1. (In numbered paragraphs, set out short particulars of the acts or omissions alleged to constitute the alleged abuse.)

2.

 

*PARTICULARS OF ALLEGED RISK OF ABUSE

 

1. (In numbered paragraphs, set out short particulars of the acts or omissions alleged to constitute the alleged risk of abuse.)

2.

  

• Dated 

    19 .

  

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

(Signature of *applicant/*respondent/*intervenor)

 

*Omit if not applicable.”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 June 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.