Family Law Rules (Amendment) (Cth)

Statutory Rules 1991 No. 4761

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 13 December 1991.

ALASTAIR NICHOLSON

ALAN J. BARBLETT

J. EDWARD ELLIS

K. A MURRAY

STEVEN STRAUSS

P. E. NYGH

N. J. BUCKLEY

ALWYNNE ROWLANDS

T. H. McGOVERN

GRAHAM R. BELL

T. E. LINDENMAYER

B. ROSS-JONES

JOSEPHINE M. MAXWELL

J. T. GUN

R. J. BULLEY

W. B. TREYVAUD

EDWARD BUTLER

P. F. UNDERHILL

RICHARD W. GEE

D. BULBECK

J. S. PURDY

J. WILCZEK

W. ROURKE

H. J. BURTON

J. V. KAY

G. R. MULLANE

JOHN COHEN

N. MUSHIN

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 1 January 1992.

2. Amendment

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

3. Order 32, rule 1 (Interpretation)

3.1 Insert the following definitions:

“‘regional appeal registrar’, in relation to an appeal, means the Registrar at the regional appeal registry for the appeal;

‘regional appeal registry’ means:

(a) in relation to an appeal from a decree made in the Brisbane, Darwin or Townsville registries of the court—the Brisbane Registry; and

(b) in relation to an appeal from a decree made in the Canberra, Newcastle, Parramatta or Sydney Registries of the Court— the Sydney Registry; and

 

(c) in relation to an appeal from a decree made in the Adelaide, Dandenong, Hobart, Launceston or Melbourne Registries of the Court—the Melbourne Registry;”

3.2 Add at the end:

“(2) For the purposes of an appeal from a decree of the Family Court of Western Australia, the Perth Registry of the Family Court of Western Australia has the same functions as a regional appeal registry.”.

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

4.1 Paragraph 2 (1) (a):

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

4.2 Subparagraph 2 (1) (b) (i):

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

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

5.1 Paragraph 6 (1) (a):

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

5.2 Paragraph 6 (1) (b):

Omit the paragraph, substitute:

“(b) by:

(i) forwarding to the regional appeal registry, by facsimile transmission, a copy of the notice with the amendments clearly marked; and

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

6. Order 32, rule 7 (Cross appeals)

6.1 Paragraph 7 (1) (a):

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

 

6.2 Paragraph 7 (1) (b):

Omit the paragraph, substitute:

“(b) by:

(i) forwarding to the regional appeal registry, by facsimile transmission, a copy of a notice of appeal in accordance with Form 42, endorsed as a notice of cross appeal; 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.”.

7. Order 32, rule 8 (Appeal registry)

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

8. Order 32, rule 16a (Further evidence on appeal)

8.1 Subrule 16a (4):

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

8.2 Paragraph 16a (9) (a):

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

9. Order 32, rule 19 (Procedures on application for dismissal)

9.1 Subrule 19 (1):

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

10. Order 32, rule 19a (Discontinuance of appeal)

10.1 Subrule 19a (1):

After “at any time file”, insert “in the regional appeal registry”.

11. Order 32, rule 20 (Application for certificate to appeal to High Court)

11.1 Subrule 20 (1):

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

 

12. Order 32, rule 21 (Case stated)

12.1 Paragraph 21 (6) (a):

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

12.2 Subrule 21 (7):

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

13. Order 32, new rules 21a and 21b

13.1 After rule 21, insert:

Application to Full Court

“21a. An application to the Full Court may be instituted:

(a) by filing in the regional appeal registry an original and 2 copies of the application in accordance with Form 42a; or

(b) by:

(i) forwarding to the regional appeal registry, by facsimile transmission, a copy of the application in accordance with Form 42a; 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.

Copies to be sent to Principal Registrar

“21B. The regional appeal registrar or the appeal registrar, as the case may be, must send to the Principal Registrar 1 copy of all papers filed in relation to each appeal and application to the Full Court.”.

14. Order 32a, rule 1 (Interpretation)

14.1 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;”

15. Order 32a, rule 2 (Institution of applications)

15.1 Paragraph 2 (a):

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

 

15.2 Subparagraph 2 (b) (i):

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

16. Order 32a, rule 6(Direction to proceed without oral hearing)

16.1 Subrule 6 (2):

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

17. Order 32a, rule 7 (Procedure if a direction is given that matter be dealt with without oral hearing)

17.1 Paragraph 7 (2) (b):

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

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 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 Nos. 122, 414 and 475.