Family Law Rules (Amendment) (Cth)

Statutory Rules 1990 No. 741

Family Law Rules2 (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 2 March 1990.

ALASTAIR NICHOLSON

J. EDWARD ELLIS

W. S. SIMPSON

J. F. FOGARTY

T. E. LINDENMAYER

S. STRAUSS

H. R. FREDERICO

E. R. BAKER

N. J. BUCKLEY

ALWYNNE ROWLANDS

R. G WOOD

T. McGOVERN

GRAHAM R. BELL

B. ROSS-JONES

JOSEPHINE M. MAXWELL

J. T. GUN

GEOFFREY I. WALSH

ADRIAN SMITHERS

ADRIAN COOK

W. B. TREYVAUD

G. E. LAMBERT

EDWARD BUTLER

P. F. UNDERHILL

PETER B. HASE

JOHN ELLIOTT

M. A. RENAUD

 

JAMES BARRY

J. S. PURDY

JOHN R. WILCZEK

W. ROURKE

H. J. BURTON

J. V. KAY

G. R. MULLANNE

MARY JANE M. LAWRIE

A. GRAHAM

P. M. MOSS

JOHN COHEN

Judges of the Family Court of Australia

IAN LOUGHNAN

Acting Principal Registrar

Family Court of Australia

Commencement

1. These Rules commence on 19 March 1990.

2. After rule 3 of Order 32 of the Family Law Rules the following rule is inserted:

Custody appeals—separate representatives

“3a. (1) Where under an order under section 65 of the Act a child was separately represented in proceedings, a notice of appeal shall be served or the separate representative of the child.

“(2) The separate representative of the child may appear on the hearing of the appeal or may make a submission in writing.”.

3. Rule 16aof Order 32 of the Family Law Rules is repealed and the following rule substituted:

Further evidence on appeal

“16a. (1) This rule applies to any application to the court to receive evidence on the hearing of an appeal additional to evidence in the court below.

“(2) The provisions of this rule apply unless the court otherwise directs.

“(3) The application shall be made in accordance with Form 42asubject to such alterations as are necessary.

“(4) The application shall befiled in the appeal registry.

 

“(5) The grounds for the application shall be stated in an affidavit filed with the application.

“(6) Any evidence necessary to establish the grounds for the application and any other evidence which the applicant wants the court to receive shall be given by affidavit.

“(7) The applicant shall file the application and any related affidavit not later than 4 days before the hearing of the appeal.

“(8) The evidence of any other party to the appeal shall be given by affidavit filed not later than 24 hours before the hearing of the appeal.

“(9) A party to the appeal shall, within the time allowed for that party to file an application or affidavit under this rule:

(a) lodge as many copies of the application or affidavit as the appeal registrar directs; and

(b) serve 3 copies of the application or affidavit on each other party to the appeal.”.

4. After rule 19 of Order 32 of the Family Law Rules the following rule is inserted:

Discontinuance of appeal

“19a. (1) An appellant or cross-appellant may at any time file and serve a notice of discontinuance of an appeal in accordance with Form 15a and upon the notice being filed the appeal shall be abandoned.

“(2) The notice filed by an appellant or cross-appellant under subrule (1) does not affect any other appellant in the appeal.

“(3) A party filing a notice under subrule (1) shall pay the costs of the other party or parties occasioned by his or her appeal.

“(4) A party whose costs are payable under subrule (3) may tax the costs in accordance with Order 38.”.

Schedule 1

5. Schedule 1 to the Family Law Rules is amended by omitting from the heading to Form 21 “(Short title)”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 March 1990.

2. Statutory Rules 1984 No. 425 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 20 and see also