Family Law Rules (Amendment) (Cth)

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Statutory Rules 1996

No. 60 1

__________________

Family Law Rules 2(Amendment)

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

Dated 17 May 1996.

ALAN J. BARBLETT

J. EDWARD ELLIS

J. F. FOGARTY

K. A. MURRAY

H. R. FREDERICO

ALWYNNE ROWLANDS

T. E. LINDENMAYER

J. V. KAY

RODERICK JOSKE

J. T. GUN

EDWARD BUTLER

P. F. UNDERHILL

RICHARD W. GEE

D. BULBECK

M. A. RENAUD

JAMES BARRY

J. S. PURDY

RODNEY N. PURVIS

J. WILCZEK

H. J. BURTON

G. R. MULLANE

MARY JANE M. LAWRIE

A. GRAHAM

N. MUSHIN

C. A. MOORE

I. R. COLEMAN

M. A. HANNON

B. J. WARNICK

SALLY BROWN

B. JORDAN

S. R. O’RYAN

J. FAULKS

LINDA DESSAU

SUSAN MORGAN

MICHELLE MAY

Judges of the Family Court

of Australia

A. M. FILIPPELLO

Principal Registrar

Family Court of Australia

I. W. P. McCALL

ALAN J. BARBLETT

N. TOLCON

MICHAEL H. HOLDEN

C. E. MARTIN (Acting Judge)

Judges of the Family Court

of Western Australia

D. A. McGREGOR

Acting Registrar

Family Court of Western Australia

____________

1. Commencement

1.1 These Rules commence on 11 June 1996.

2. Amendment

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

3. Order 1, rule 4 (Interpretation)

3.1 Definition of “abuse”:

Omit “same meaning as in section 60”, substitute “meaning given by section 60D”.

3.2 Definition of “assured service”:

Omit the definition.

3.3 Definition of “Judicial Registrar”:

Omit the definition.

3.4 Definition of “marriage certificate”:

Subparagraph (b) (ii):

Omit the subparagraph, substitute:

“(ii)
an extract of the entry of a marriage in a Register of Marriages;”.

3.5 Definition of “member of the Court personnel”:

Omit “same meaning as in section 60”, substitute “meaning given by section 60D”.

3.6 Definition of “prescribed child welfare authority”:

Omit “same meaning as in section 60”, substitute “meaning given by section 60D”.

3.7 Definition of “principal registry”:

Omit the definition.

3.8 Definition of “State Family Court”:

Omit the definition.

3.9 Insert the following definitions:

“ ‘Chief Executive Officer’ means the Chief Executive Officer of the Family Court of Australia;

“ ‘corporation’ has the meaning given by the Corporations Law;

“ ‘State child order’ has the meaning given by section 70B of the Act;”.

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

4.1 After subrule 2 (4), insert:

“(4A) In a document that is in accordance with Form 12A:

(a)
Parts H and J must both be set out on the same sheet of paper; and
(b)
Parts K and L must both be set out on the same sheet of paper; and
(c)
if Part E, F or G of the Form is included in the document—that Part, or each of those Parts, must begin at the top of a page.

“(4B) In a document that is in accordance with Form 26A:

(a)
Parts F and G must both be set out on the same sheet of paper; and
(b)
Parts D, E, F, H and J must each begin at the top of a page.”.

4.2 Paragraph 2 (5) (a):

Omit the paragraph, substitute:

“(a)
a document must be in accordance with Form 1, 1B, 2, 2A, 4, 7, 7A, 7B, 8, 8A, 10, 12, 12A, 12B, 13, 15A, 15B, 15C, 15D, 17, 17A, 18, 19, 20, 21, 22, 23, 26A, 26B, 35, 42B, 47, 48, 49 or 69; and”.

4.3 Subrule 2 (6):

After “23,”, insert “26B,”.

5. Order 2, rule 3 (Cover sheet)

5.1 Subrule 3 (2):

Omit “47, 48, 49, 49A, 49B,”, substitute “49A,”.

6. Order 4, rule 7 (Right of appearance)

6.1 Subrule 7 (1):

Omit the subrule, substitute:

“(1) Subject to subrule (1A), a party to proceedings, or a person entitled to take proceedings for, or for the enforcement or confirmation of, a decree (including a member of the Court personnel) may appear personally or by representation by a legal practitioner.

“(1A) A corporation that is entitled to appear in proceedings may appear only by representation by a legal practitioner.”.

7. Order 5, rule 1 (Seals)

7.1 Subrule 1 (2):

Omit “at the Principal Registry”.

8. Order 5, new rules 2A and 2B

8.1 After rule 2, insert:

Register of approved family and child counsellors

“2A. The Chief Executive Officer must keep a register of:

(a)
approved counselling organisations; and
(b)
persons authorised by an approved counselling organisation to offer family and child counselling on behalf of the organisation; and
(c)
persons authorised under the regulations to offer family and child counselling.

Register of approved mediators

“2B. The Chief Executive Officer must keep a register of:

(a)
approved mediation organisations; and
(b)
community mediators; and
(c)
private mediators.”.

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

9.1 Subrule 1 (2):

Omit “or on Easter Tuesday”.

10. Order 6, rule 2 (Office hours)

10.1 Omit “Principal Registrar”, substitute “Chief Executive Officer”.

11. Order 7, rule 6 (Filing of marriage certificate etc. with application)

11.1 Subrule 6 (2):

Omit the subrule, substitute:

“(2) The requirement under subrule (1) to file a decree is satisfied by filing a photocopy or certified copy of the decree.”.

12. Order 10 (Summary application—contravention of access orders)

12.1 Omit the Order.

13. Order 11 (Summary maintenance proceedings)

13.1 Omit the heading, substitute:

“ORDER 11—SUMMARY PROCEEDINGS FOR MAINTENANCE OR CONTRIBUTION”.

14. Order 11, rule 1 (Application for maintenance or contribution—Form 12)

14.1 Paragraph 1 (1) (b):

Omit “section 66X”, substitute “section 67B”.

15. Order 11, rule 5 (Information to be provided)

15.1 Paragraph 5 (1) (b):

Omit “maintenance for a child—”, substitute “child maintenance—”.

15.2 Paragraph 5 (2) (c):

Omit “maintenance for a child—”, substitute “child maintenance—”.

16. Order 13, rule 2 (Orders without formal application)

16.1 Omit the rule, substitute:

Orders without written application

“2. In, or in relation to, proceedings, the court or a Registrar may, without written application, make an order with respect to the following matters:

(a)
consolidation of hearing of applications;
(b)
service of documents, and dispensing with service of documents;
(c)
admission of facts or documents;
(d)
the giving of particulars;
(e)
presentation of evidence by affidavit or in another documentary form;
(f)
answering specific questions;
(g)
conferences between the parties with a view to settling differences relating to matters in issue;
(h)
conferences with a family and child counsellor or a welfare officer;
(i)
obtaining a report from a family and child counsellor or a welfare officer under section 62G of the Act;
(j)
appointment of a child’s representative;
(k)
with the consent of all parties—mediation;
(l)
attendance by the parties at an information session;
(m)
registration of a parenting plan, or an agreement revoking a registered parenting plan;
(n)
a stay of proceedings under Order 4, rule 3;
(o)
any other matter relating to practice and procedure if making the order would help to resolve the matters in issue promptly and inexpensively.”.

17. Order 13, rule 3 (Orders without formal application)

17.1 Omit the rule.

18. Order 14, rule 3 (Filling in the application)

18.1 Omit the rule, substitute:

Completing the application

“3.(1) An applicant must swear an affidavit in the form set out as Part H of the application.

“(2) A respondent must swear an affidavit in the form set out as Part K of the application.

“(3) Part E of the application need not be completed if there are no children under 18.

“(4) If an applicant seeks an order concerning the care, welfare and development of a child, the applicant must complete Part F of the application unless:

(a)
the applicant and the respondent have each received independent legal advice; and
(b)
Parts J and L of the application have been signed, respectively, by the solicitors who gave the advice.

“(5) If an applicant seeks financial orders, the applicant must complete Part G of the application unless:

(a)
the applicant and the respondent have each received independent legal advice; and
(b)
Parts J and L of the application have been signed, respectively, by the solicitors who gave the advice.”.

19. Order 15, rule 11 (Parent other than applicant)

19.1 Subrule 11 (1):

Omit “welfare, guardianship, custody or maintenance of, or access to, a child,”, substitute “maintenance, or care, welfare and development, of a child,”.

20. Order 15, rule 12 (Notice to particular persons in proceedings relating to children)

20.1 Omit the rule, substitute:

Notice to particular persons in proceedings relating to children

“12. If an application is made concerning the maintenance, or care, welfare and development, of a child, the applicant must give notice of the proceedings to:

(a)
a person who:
(i)
is not a party to the proceedings; and
(ii)
has a parenting order in relation to the child; and
(b)
any other person ordered by the court, or a Registrar.”.

21. Order 18, rule 5 (When, and on whom, must documents be served?)

21.1 Subrule 5 (1):

After “served under”, insert “the Act, the Regulations or”.

21.2 Paragraph 5 (1) (b):

Omit “section 65”, substitute “section 68L”.

22.1 Order 23, rule 2 (Children to whom subsection 69ZK (1) of the Act applies)

22.1 Subrule 2 (1):

Omit “subsection 60H (1)”, substitute “subsection 69ZK (1)”.

22.2 Paragraph 2 (1) (a):

Omit the paragraph, substitute:

“(a)
each person who:
(i)
is a parent of the child; or
(ii)
has a parenting order in relation to the child; and”.

23. Order 23, rule 4 (Applications under section 68L)

23.1 Subrule 4 (1):

Omit “section 65”, substitute “section 68L”.

23.2 Subrule 4 (2):

Omit the subrule, substitute:

“(2) If the court orders that a child is to be separately represented, it may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of section 116C of the Act.”.

24. Order 23, rule 5 (Interviews and evidence)

24.1 Subrule 5 (2):

Omit “court counsellor,”, substitute “family and child counsellor,”.

24.2 Subrule 5 (4):

Omit the subrule, substitute:

“(4) If a child is separately represented in accordance with an order made under section 68L of the Act, the child must not be interviewed under subrule (1) unless the child’s representative consents to the interview.”.

25. Order 23, rule 18 (Proceedings against person under disability not to continue until next friend appointed)

25.1 Omit “an answer,”, substitute “a response,”.

26. Order 23A (Notification of child abuse)

26.1 Omit the heading, substitute:

“NOTIFICATION OF CHILD ABUSE OR FAMILY VIOLENCE ORDER”.

27. Order 23A, rule 1 (Filing of notice under section 67Z of the Act)

27.1 Subrule 1 (1):

Omit “subsection 70BA (2)”, substitute “subsection 67Z (2)”.

28. Order 23A, rule 2 (Service of notice)

28.1 Subrule 2 (1):

Omit “subsection 70BA (2)”, substitute “subsection 67Z (2)”.

28.2 Subrule 2 (2):

Omit “by assured service.”, substitute “in accordance with Order 18.”.

29. Order 23A, new rule 3

29.1 Add at the end:

Informing court of family violence order

“3. (1) For the purposes of subsection 68J (2) of the Act, a person who:

(a)
is not a party to proceedings; and
(b)
is aware that a family violence order applies to a child, or a member of the child’s family; and
(c)
wishes to inform the court of that order;

must do so by giving the information, in writing, to the Registrar of the filing registry.

“(2) If the person giving the information knows:

(a)
the date on which the family violence order was made; or
(b)
the place at which the order was made; or
(c)
the court that made the order;

the person must include those details, in writing, in the information given to the Registrar.

“(3) If possible, the person must give the Registrar a copy of the family violence order.

“(4) If the Registrar receives information about a family violence order, the Registrar:

(a)
must provide a copy of the information to each party to the proceedings who has an address for service; and
(b)
must place the information on the court file; and
(c)
may direct a party to the proceedings (including a child’s representative) to:
(i)
obtain and file a copy of the relevant family violence order; and
(ii)
serve the copy on each other party to the proceedings who has an address for service.

“(5) The Registrar must present the information and any copy of the family violence order to the court, or a Registrar, at the next hearing in the proceedings that concerns the care, welfare and development of the child affected by the order.”.

30.

Order 23B, rule 2 (Who may apply for a medical procedure order?)

30.1 Subrule 2 (2):

Omit the subrule, substitute:

“(2) An application may be made by:

(a)
a parent of the child; or
(b)
a person who has a parenting order in relation to the child; or
(c)
any other person who has an interest in the care, welfare and development of the child.”.

31. Order 23B, rule 4 (Respondent to application)

31.1 Omit the rule, substitute:

Respondent to application

“4. If a parent of a child in relation to whom an application is made, or a person who has a parenting order in relation to the child, is not an applicant, the person must be joined as a respondent to the application.”.

32. Order 23B, rule 7 (Proceedings on return day)

32.1 Paragraph 7 (b):

Omit the paragraph, substitute:

“(b)
appoint a child’s representative; or”.

33. Order 23B, new rule 9

33.1 Add at the end:

Reasons for decision

“9. At, or as soon as practicable after, the conclusion of the final hearing of an application, the judge before whom the application was heard must give reasons, in writing, for the decision.”.

34. Order 24, rule 1 (Conciliation conferences)

34.1 Subrule 1 (4):

Omit “court counsellor”, substitute “family and child counsellor”.

34.2 Subrule 1 (5):

Omit “court counsellor”, substitute “family and child counsellor”.

35. Order 24, rule 3 (Conciliation conference particulars—Form 17A)

35.1 Subrule 3 (6):

Add at the end:

“; or (d)
at the hearing of an application under section 79A of the Act, if:
(i)
the order to be set aside was made with the consent of the parties; and
(ii)
the order was made following a conference.”.

36. Order 25, rule 1 (Nomination of person to assist reconciliation)

36.1 Omit the rule, substitute:

Nomination of person to assist reconciliation

“1. If the Principal Director of Court Counselling of the Family Court of Australia, or an appropriate officer of a State Family Court, nominates a person who is not a family and child counsellor, or an organisation that is not an approved counselling organisation, to assist parties in considering a reconciliation, the Director or officer must:

(a)
sign a form of nomination in accordance with Form 31; and
(b)
deliver the signed form to the person nominated.”.

37. Order 25, rule 2 (Notice seeking counselling)

37.1 Omit the rule, substitute:

Notice or request seeking counselling

“2. (1) A notice under subsection 15 (1) or 62C (1) of the Act that is filed in the Family Court, or a Family Court of a State, must be in accordance with Form 32.

“(2) A request under subsection 16 (2) or 62E (1) of the Act that is filed in the Family Court, or a Family Court of a State, must be in accordance with Form 32.”.

38. Order 25, rule 3 (Advice as to effect of proceedings)

38.1 Subrule 3 (1):

Omit “61C”, substitute “62H”.

38.2 Subrule 3 (3):

Omit “61C”, substitute “62H”.

38.3 Subrule 3 (4):

Omit “61C”, substitute “62H”.

39. Order 25, rule 5 (Reports of family and child counsellors)

39.1 Subrule 5 (1):

Omit the subrule, substitute:

“(1) In proceedings, the court, or a Registrar of a Family Court, may order a family and child counsellor or a welfare officer to prepare a report for the purposes of subsection 55A (2) or section 62G or 65G of the Act.”.

39.2 Subrule 5 (1A):

Omit the subrule, substitute:

“(1A) If:

(a)
the court is asked to make an order in favour of a person under section 65G of the Act; and
(b)
the court orders a family and child counsellor or welfare officer to prepare a report for the purposes of subparagraph 65G (2) (a) (ii) of the Act;

the counsellor or officer must:

(c)
find out whether the person has been convicted of:
(i)
an offence under the Act; or
(ii)
an offence under a law relating to child welfare; or
(iii)
any other criminal offence relevant to the welfare of a child; and
(d)
include details of any convictions in the report.”.

39.3 Paragraph 5 (2) (a):

Omit “section 65”, substitute “an order made under section 68L”.

40. Order 25A, rule 4 (Interview by a court mediator)

40.1 Omit the rule, substitute:

Interview to decide whether dispute may be mediated

“4. (1) If:

(a)
a court mediator directs the parties to a dispute to attend an interview; or
(b)
the parties have attended an information session;

the parties to the dispute must attend an interview with an authorised member of the Court personnel to decide whether the dispute is one that may be mediated.

“(2) In this rule, ‘authorised’ means authorised by the Chief Executive Officer.”.

41. Order 25A, rule 5 (Matters to be taken into account at interview)

41.1 Omit “determining if the dispute may be mediated, the approved mediator”, substitute “deciding whether the dispute is one that may be mediated, the person authorised to conduct the interview”.

42. Order 25A, rule 6 (If dispute may not be mediated)

42.1 Subrule 6 (1):

Omit “approved mediator” (first occurring), substitute “person authorised to conduct the interview”.

42.2 Subrule 6 (1):

Omit “approved mediator” (second occurring), substitute “person”.

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

Omit “alternative dispute resolution procedures”, substitute “primary dispute resolution methods”.

42.4 Subrule 6 (2):

Omit “by an approved mediator”, substitute “made”.

42.5 Subrule 6 (3):

Omit “by an approved mediator”.

43. Order 25A, rule 7 (If dispute may be mediated)

43.1 Subrule 7 (1):

Omit “approved mediator” (first occurring), substitute “person authorised to conduct the interview”.

43.2 Subrule 7 (1):

Omit “approved mediator” (second occurring), substitute “person”.

43.3 Subrule 7 (2):

Omit “approved mediator’s”.

43.4 Paragraph 7 (2) (a):

Omit “an approved mediator or approved mediators”, substitute “1 or more court mediators”.

44. Order 25A, rule 8 (Application for an order under section 19B of the Act)

44.1 Paragraph 8 (b):

Omit the paragraph, substitute:

“(b)
orally:
(i)
at a directions hearing (if any) in relation to the proceedings; or
(ii)
on the date fixed for a hearing in the proceedings.”.

45. Order 25A, rule 10 (Conduct of mediation conferences)

45.1 Paragraph 10 (1) (a):

Omit “approved mediator”, substitute “court mediator”.

45.2 Subrule 10 (2):

Omit “An approved mediator”, substitute “A court mediator”.

46. Order 25A, rule 13 (If a party does not attend a mediation conference)

46.1 Omit “approved mediator,”, substitute “court mediator,”.

46.2 Paragraph 13 (b):

Omit “alternative dispute resolution procedures”, substitute “primary dispute resolution methods”.

47. Order 25A, rule 14 (If the mediator considers that mediation should not continue)

47.1 Omit “If the approved mediator considers that a mediation should not proceed,”, substitute “If the court mediator considers that a mediation should not continue,”.

47.2 Paragraph 14 (b):

Omit “subsection 62 (1)”, substitute “section 62F”.

48. Order 25A, rule 15 (Completion of mediation)

48.1 Paragraph 15 (a):

Omit “approved mediator”, substitute “court mediator”.

48.2 Rule 15:

Omit “approved mediator”, substitute “court mediator”.

49. Order 25A, rule 16 (Action after completion of mediation)

49.1 Paragraph 16 (2) (d):

Omit “alternative dispute resolution procedures”, substitute “primary dispute resolution methods”.

49.2 Paragraph 16 (4) (e):

Omit “subsection 62 (1)”, substitute “section 62F”.

50. Order 25A, rule 20 (If matters are resolved at mediation)

50.1 Omit “approved mediator,”, substitute “court mediator,”.

51. Order 26 (Registration of agreements, custody orders and debts due to the Commonwealth)

51.1 Omit the heading, substitute:

“REGISTRATION OF MAINTENANCE AGREEMENTS, STATE CHILD ORDERS AND DEBTS DUE TO THE COMMONWEALTH”.

52. Order 26, rule 1 (Registration of agreement under section 66ZC or 86 of the Act)

52.1 Omit the rule, substitute:

Registration of maintenance agreements under section 86 of the Act

“1. (1) For the purposes of subsection 86 (1) of the Act, a party to a maintenance agreement may register the agreement in a court having jurisdiction under the Act by filing:

(a)
the original of the agreement; and
(b)
2 copies of the agreement.

“(2) Each copy of the agreement must be certified as a true copy by:

(a)
a solicitor; or
(b)
the parties to the agreement.

“(3) If the court registers a maintenance agreement under subsection 86 (1) of the Act, the Registrar must, as soon as practicable after the date of registration, give each party to the agreement a sealed copy of the agreement endorsed with a certificate, signed by the Registrar, that specifies:

(a)
the court in which the agreement was registered; and
(b)
the date on which the agreement was registered.”.

53. Order 26, rule 3 (Registration of custody or access orders—section 67 of the Act)

53.1 Omit the rule, substitute:

Registration of State child orders under section 70C or 70D of the Act

“3. (1) For the purposes of section 70C of the Act, a State child order made under a law of a prescribed State may be registered in a court having jurisdiction under Part VII of the Act by filing a sealed copy of the order in a registry of the court.

“(2) For the purposes of section 70D of the Act, a State child order made by a court of a State may be registered in another State, in a court having jurisdiction under the Act, by filing a sealed copy of the order in a registry of the court of the other State.

“(3) In this rule, ‘State’ includes a Territory.”.

54. New Order 26A

54.1 After Order 26, insert Order 26A set out in Schedule 1 to these Rules.

55. Order 28, rule 7 (Non-compliance with subpoena)

55.1 Omit the rule.

56. Order 30A, rule 1 (Interpretation)

56.1 Definition of “expert”:

Omit “court counsellor”, substitute “family and child counsellor”.

56.2 Definition of “party”:

Omit “separate representative of a child.”, substitute “child’s representative.”.

57.

Order 30A, rule 3 (Appointment of court expert)

57.1 Subrule 3 (3):

Omit “section 66W”, substitute “section 69W”.

58. Order 31B, rule 6 (Service of application or appeal)

58.1 Subrule (1):

Omit the subrule, substitute:

“(1) As soon as practicable after filing an application or an appeal under the Assessment Act, the applicant or appellant (as the case may be) must serve, in accordance with Order 18, a sealed copy of the application or appeal on the respondent to the application or appeal.

“(1A) As soon as practicable after filing an application or an appeal under the Registration Act, the applicant or appellant (as the case may be) must serve, in accordance with Order 18, a sealed copy of the application or appeal, and of any document filed with the application or appeal, on each other person who is a parent or carer of the child in relation to whom the application is made.”.

59. Order 31B, rule 22 (Service of application for leave to appeal)

59.1 Subrule 22 (1):

Omit “serve by assured service”, substitute “serve, in accordance with Order 18,”.

60. Order 31B, rule 32 (Intervention by Child Support Registrar)

60.1 Subrule 32 (2):

Omit “by assured service,”, substitute “in accordance with Order 18,”.

61. Order 32, rule 3 (Service of notice of appeal)

61.1 Subrule 3 (1):

Omit the subrule, substitute:

“(1) Within 14 days of instituting an appeal, an appellant must serve, in accordance with Order 18, a sealed copy of the notice of appeal on each other party to the appeal.”.

62. Order 32, rule 3A (Custody appeals—separate representatives)

62.1 Omit the rule, substitute:

Child welfare appeals—child’s representative

“3A. (1) If an appellant files a notice of appeal in relation to proceedings in which a child was separately represented, the appellant must serve, in accordance with Order 18, a sealed copy of the notice of appeal on the child’s representative.

“(2) The child’s representative may appear at the hearing of the appeal.”.

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

63.1 Subrule 6 (3):

Omit the subrule, substitute:

“(3) As soon as practicable after making an amendment of a notice of appeal, the appellant must serve, in accordance with Order 18, a sealed copy of the amended notice, with the amendments clearly marked, on:

(a)
each other party to the appeal; and
(b)
any child’s representative.”.

64. Order 32, rule 14 (Appeal papers)

64.1 Paragraph 14 (4) (f):

Omit “court counsellor”, substitute “family and child counsellor”.

65. Order 32, rule 16B (Summary of argument and list of authorities)

65.1 Omit the rule, substitute:

Summary of argument and list of authorities

“16B. A summary of the arguments to be presented and a list of the authorities to be relied on at the hearing of an appeal must be filed and served:

(a)
by the appellant—no later than 5 clear working days before the date fixed for the hearing; and
(b)
by the respondent—no later than 2 clear working days before the date fixed for the hearing; and
(c)
by a child’s representative (if any)—no later than 2 clear working days before the date fixed for the hearing.”.

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

66.1

Subrule 19 (2):

Omit the subrule, substitute:

“(2) As soon as practicable after the application and the supporting affidavit are filed, the applicant must serve, in accordance with Order 18, a sealed copy of the application and the supporting affidavit on:

(a)
each other party to the appeal; and
(b)
any child’s representative.”.

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

67.1 Subrule 20 (2):

Omit “shall provide a sealed copy by assured service to”, substitute “must serve, in accordance with Order 18, a sealed copy of the application on”.

68. Order 32, rule 23 (Service of notice of appeal)

68.1 Paragraph 23 (a):

Omit “provide a sealed copy of the notice by assured service to”, substitute “serve, in accordance with Order 18, a sealed copy of the notice on”.

69. Order 32A, rule 5 (Service)

69.1 Subrule 5 (1):

Omit “serve a sealed copy of the application by assured service”, substitute “serve, in accordance with Order 18, a sealed copy of the application”.

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

70.1 Subrule 2 (1):

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

“(ba)
a parenting plan registered under section 63E of the Act that has not been set aside or otherwise ceased to have effect; and
(bb)
a parenting order made under section 65D of the Act that has not been discharged or has not otherwise ceased to have effect; and
(bc)
an order made under section 67D of the Act; and”.

70.2 Subrule 2 (1):

Omit “paragraph (c),”, substitute “paragraph (ba), (c),”.

71. Order 33, rule 11 (Information laid before a magistrate under subsection 112AH of the Act)

71.1 Omit the rule.

72. Order 34 (Contempts and offences)

72.1 Omit the Order, substitute Order 34 set out in Schedule 2 to these Rules.

73. Order 35 (Warrants)

73.1 Omit the Order, substitute Order 35 set out in Schedule 3 to these Rules.

74. Order 36A, rule 2 (Delegation of powers to Registrars)

74.1 Paragraph 2 (1) (e):

Omit “court counsellors”, substitute “family and child counsellors”.

74.2 Paragraph 2 (1) (ea):

Omit the paragraph, substitute:

“(ea)
the power to make an order:
(i)
relating to maintenance; or
(ii)
under subsection 67D (1) of the Act;”.

74.3 Paragraph 2 (1) (g):

Omit the paragraph, substitute:

“(g)
the power to make, in undefended proceedings, a parenting order, including an order to which section 65G or 66F of the Act applies;”.

74.4 Paragraph 2 (1) (ja):

Omit “section 65”, substitute “section 68L”.

74.5 Subparagraph 2 (1) (k) (i):

Omit “section 66K, 66ZA, subsection 66ZB (1) or section 77”, substitute “section 66Q, 67E, 67G or 77”.

74.6 Subrule 2 (2):

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

“(rb)
Order 26A;”.

74.7 Paragraph 2 (2) (x):

Omit “Order 35, rule 4”, substitute “Order 34, rule 11”.

75. Order 36A, rule 3 (Delegation of powers to Judicial Registrars)

75.1 Paragraph 3 (b):

Omit the paragraph.

75.2 Paragraphs 3 (ea), (f), (g), (h), (i) and (j):

Omit the paragraphs, substitute:

“(ea)
the power to set aside a registered parenting plan under subsection 63H (1) of the Act;
(eb)
the power to make a parenting order until further order under section 65D of the Act;
(f)
the power to issue a warrant under subsection 65Q (2) of the Act;
(fa)
the power to make an order under subsection 65U (2), 65V (2) or 65W (1) of the Act;
(g)
the power to:
(i)
make a location order under subsection 67M (2) of the Act; or
(ii)
make a Commonwealth information order under 67N (2) of the Act; or
(iii)
make a recovery order under section 67U of the Act; or
(iv)
make an order under subsection 67X (3) or 67X (4) of the Act;
(h)
the power to make an order under section 67ZD of the Act;
(ha)
the power to:
(i)
make an order, or grant an injunction, under subsection 68B (1) or 114 (1) of the Act; or
(ii)
grant an injunction under subsection 68B (2) or 114 (3) of the Act;
(i)
the power to make an order under subsection 68M (2) of the Act;
(j)
the power to make an order relating to the parentage of a child under section 69V, subsection 69W (1), section 69X or subsection 69ZC (2) of the Act;”.

75.3 Paragraph 3 (k):

Omit “section 70D”, substitute “section 68C”.

75.4 Paragraph 3 (ra):

Omit the paragraph, substitute:

“(raa)
the power to grant leave for a child to be examined under section 102A of the Act;
(ra)
the power to make an order under section 112AD of the Act;”.

75.5 Paragraph 3 (wa):

Omit “rule 6A”, substitute “rule 2AAA”.

75.6 Paragraph 3 (za):

Omit “section 60AA”, substitute “section 60G”.

75.7 Paragraph 3 (zb):

Omit the paragraph, substitute:

“(zb)
Order 34, rules 10 and 11 and Order 35, rules 12 and 13.”.

76. Order 36A, rule 7 (Procedure on application for review)

76.1 Subrule 7 (2):

Omit “by assured service,”, substitute “in accordance with Order 18,”.

77. Schedule 1 (Forms)

77.1 Form 1:

Item 5:

Omit “custody,”, substitute “residence, contact, specific issues,”.

77.2 Form 4:

Item 26, paragraph (c):

Omit “access” (twice occurring), substitute “contact”.

77.3 Form 12A:

Omit the Form, substitute Form 12A set out in Schedule 4 to these Rules.

77.4 Form 15A:

Omit “*application/*cross application” (twice occurring), substitute “*application/ *response”.

77.5 Form 15A:

Omit “*application/*cross-application”, substitute “*application/ *response”.

77.6 New Forms 26A and 26B:

After Form 26, insert Forms 26A and 26B set out in Schedule 5 to these Rules.

77.7 New Forms 34 and 35:

After Form 32, insert Forms 34 and 35 set out in Schedule 6 to these Rules.

77.8 Form 39:

Each paragraph numbered 5 (b):

Omit “welfare”, substitute “care, welfare and development”.

77.9 Forms 47, 48, 49 and 49A:

Omit the Forms, substitute Forms 47, 48, 49 and 49A set out in Schedule 7 to these Rules.

77.10 Forms 49B and 50:

Omit the Forms.

77.11 Form 51:

Omit the Form, substitute Form 51 set out in Schedule 8 to these Rules.

77.12 Form 52:

Omit “Order 35, rule 1”, substitute “Order 34, rule 6”.

77.13 Form 53:

Omit “Order 35, rule 1”, substitute “Order 34, rule 6”.

77.14 Form 66:

Omit “Section 60” (thrice occurring), substitute “Section 60D”.

77.15 Form 69:

Omit the Form, substitute Form 69 set out in Schedule 9 to these Rules.

78. Transitional provision

78.1 If an application for a warrant under subsection 64 (9) or (10) of the Act, as those subsections were in force immediately before the commencement of Part VII of the Family Law Reform Act 1995, had not been decided before the commencement of that Part, then:

(a)
Order 36A, paragraph 3 (f) of the Family Law Rules, as that paragraph was in force immediately before the commencement of these Rules, is taken to continue to have effect in relation to that application; and
(b)
any warrant issued by the court in response to that application must be in accordance with Form 50 of Schedule 1 to the Family Law Rules, as that Form was in force immediately before the commencement of these Rules.

SCHEDULE 1

Rule 54

NEW ORDER 26A

“ORDER 26A—parenting plans

Division 1—General

Application of Order

“1. This Order applies to:

(a)
an application for registration, under section 63E of the Act, of:
(i)
a parenting plan; or
(ii)
an agreement revoking a registered parenting plan; and
(b)
an application to:
(i)
set aside a registered parenting plan; or
(ii)
discharge, vary, suspend or revive provisions of a registered parenting plan.

Compliance with Order 8, rule 12 not required

“2. An applicant is not required to comply with Order 8, rule 12.

Application in pending proceedings

“3. An application in pending proceedings may be made orally during a hearing.

Formal requirements with respect to parenting plan

“4. A parenting plan in respect of which an application is made:

(a)
must be:
(i)
mechanically or electronically printed; or
(ii)
legibly hand-printed on ruled paper; and
(b)
must be contained in a single document; and
(c)
must not refer to material contained in any other parenting plan.

Division 2—Applications for registration of parenting plans and agreements revoking registered parenting plans

Application of Division

“5. This Division applies to an application for registration, under section 63E of the Act, of:

(a)
a parenting plan; or
(b)
an agreement revoking a registered parenting plan.

Who may apply for registration?

“6. The parties to a parenting plan, or any of those parties, may apply to register:

(a)
the plan; or
(b)
an agreement revoking a registered parenting plan.

Form of application—Form 26A

“7.(1) Despite Order 8, an application (except an application made orally during a hearing) for registration of:

(a)
a parenting plan; or
(b)
an agreement revoking a registered parenting plan;

must be in accordance with Form 26A.

“(2) An application for registration must be accompanied by:

(a)
the original parenting plan, or agreement revoking a registered parenting plan, as the case may be; and
(b)
as many copies of the plan or agreement as there are parties to the plan or agreement.

“(3) Each copy of the parenting plan, or agreement revoking a registered parenting plan, as the case may be, must be certified as a true copy of the plan or agreement by:

(a)
a solicitor; or
(b)
the parties to the plan or agreement.

[NOTE: Paragraph 63E (2) (b) of the Act also requires the application for registration to be accompanied by either a statement in respect of each party, signed by a legal practitioner, to the effect that the practitioner has independently advised the party, or a statement, signed by a family and child counsellor, to the effect that the plan was developed after consultation with the counsellor.]

Respondent to application

“8. A person:

(a)
who is a party to a parenting plan in respect of which an application for registration is made; and
(b)
who is not an applicant;

must be made a respondent to the application.

Statements required by paragraph 63E (2) (b) of the Act

“9. (1) A statement referred to in subparagraph 63E (2) (b) (i) of the Act:

(a)
in relation to an applicant—must be in accordance with Part H of Form 26A; and
(b)
in relation to a respondent—must be in accordance with Form 26B.

“(2) A statement referred to in subparagraph 63E (2) (b) (ii) of the Act must be in accordance with Part J of Form 26A.

Information to accompany application

“10. (1) For the purposes of paragraph 63E (4) (a) of the Act, the following information is prescribed:

(a)
details of any order made under the Act relating to the welfare of the child who is the subject of the application;
(b)
details of any family violence order relating to the care, welfare and development of the child;
(c)
details of any maintenance agreement relating to the child that has been registered under section 86 of the Act;
(d)
details of any State child order relating to the care, welfare and development of the child;
(e)
if the person with whom the child is to reside, or have contact, has been convicted of an offence under the Act, an offence under a law relating to child welfare, or a criminal offence relevant to the care, welfare and development of the child—details of that offence;
(f)
if there are proceedings pending in relation to any of the above matters—details of those proceedings;
(g)
the names, ages and places of residence of each child;
(h)
any other information required by Form 26A.

“(2) The information must be verified by an affidavit in accordance with Part F of Form 26A.

Consent to application—Form 26B

“11.(1)A respondent to an application for registration may consent to the registration of the parenting plan, or the agreement revoking a registered parenting plan, as the case may be, in respect of which the application is made.

“(2) The consent:

(a)
must be in accordance with Form 26B; and
(b)
may be attached to the application for registration.

“(3) A consent in accordance with Form 26B ceases to have effect at the end of 30 days after the date on which it is signed.

Application may be dealt with in chambers

“12. An application for registration may be dealt with in chambers, in the absence of the parties or their legal representatives, by:

(a)
a Judge, Judicial Registrar, or Magistrate; or
(b)
a Registrar of a Family Court.

[NOTE: Subsection 63E (3) of the Act provides that the court may register a parenting plan if it considers it appropriate to do so having regard to the best interests of the child to which the plan relates.]

Court may require service or additional information

“13. At any time before making a decision in relation to an application for registration, the Judge, Judicial Registrar, Registrar of a Family Court or Magistrate dealing with the application:

(a)
may direct that a sealed copy of the application be served, in accordance with Order 18, on:
(i)
a respondent; or
(ii)
any other person; or
(b)
may require a party to file additional information in relation to the application.

Withdrawal of application or consent

“14. (1) At any time before a decision is made in relation to an application for registration:

(a)
an applicant may withdraw his or her application for registration; or
(b)
a respondent may withdraw his or her consent (if any) to the application.

“(2) An applicant, or respondent, who wishes to withdraw his or her application for registration, or consent, as the case may be, must do so by filing a notice, in writing, to that effect.

“(3) In the case of a joint application for registration, if a notice of withdrawal is filed by fewer than all of the applicants, the application remains in effect as an application by the remaining applicants.

Notice of decision in relation to registration

“15. (1) A decision in relation to an application for registration must not be made until at least 14 days after the application is filed.

“(2) If a decision is made in chambers to register:

(a)
a parenting plan; or
(b)
an agreement revoking a parenting plan;

then, as soon as practicable after the decision is made, the Registrar of the filing registry must give each party to the plan or agreement a sealed copy of the plan or agreement endorsed with a certificate, signed by the Registrar, that specifies:

(c)
the court in which the plan or agreement was registered; and
(d)
the date on which the plan or agreement was registered.

“(3) If a decision is made in chambers not to register:

(a)
a parenting plan; or
(b)
an agreement revoking a parenting plan;

then, as soon as practicable after the decision is made, the Registrar of the filing registry must give each party to the plan or agreement notice, in writing, of the decision.

Division 3—Applications in relation to registered parenting plans

Application of Division

“16. This Division applies to an application to:

(a)
set aside a registered parenting plan; or
(b)
discharge, vary, suspend or revive provisions of a registered parenting plan.

Form of application—Form 8

“17. An application must be:

(a)
in accordance with Form 8; and
(b)
accompanied by an affidavit that sets out, briefly and concisely:
(i)
the facts sought to be relied on in support of the application; and
(ii)
the facts on the basis of which the court will be asked to find that it is in the best interests of the child in respect of whom the plan was made that the order sought be made; and
(iii)
particulars of any relevant consultations with a family and child counsellor attended by any party to the plan.

Who may make an application?

“18. An application may be made by:

(a)
a party to the relevant parenting plan; or

(b)
any other person who has parental responsibility in relation to the child in respect of whom the plan was made; or
(c)
a prescribed child welfare authority.

Respondent to application

“19. A person:

(a)
who is a party to a parenting plan in respect of which an application is made; and
(b)
who is not an applicant;

must be made a respondent to the application.

Service of application

“20. A sealed copy of an application must be served, in accordance with Order 18:

(a)
on each respondent to the application; and
(b)
on any other person directed by the court, or a Registrar.”.

SCHEDULE 2

Rule 72

NEW ORDER 34

“ORDER 34—RECOVERY ORDERS, WARRANTS AND PROCEDURE AFTER ARREST

Division 1—Recovery orders

Interpretation

“1. In this Division, “recovery order” has the meaning given by section 67Q of the Act.

Application for recovery order—Form 8

“2. An application for a recovery order must be in accordance with Form 8.

Form of recovery order—Form 34

“3. For the purposes of section 67Q of the Act, a recovery order must be in accordance with Form 34.

Service of application

“4. An application for a recovery order must be served in accordance with Order 18, paragraph 9 (1) (a), 9 (2) (a), 10 (1) (a), or 10 (2) (a), (b) or (c), as the case requires.

How long does a recovery order remain in force?

“5.For the purposes of subsection 67W (1) of the Act, a recovery order remains in force for:

(a)
12 months after it is made; or
(b)
a shorter period specified in the order.

Division 2—Warrants

Form of warrant—Form 51, 52 or 53

“6. (1) A warrant that authorises a person to be arrested and brought before a court must be in accordance with Form 51.

“(2) A warrant that authorises a person to be remanded in custody until the person is brought before a court must be in accordance with Form 52.

“(3) A warrant that authorises a person to be committed to prison must be in accordance with Form 53.

Execution of warrants

“7. (1) A warrant that is issued under the Act or these Rules may be executed by:

(a)
a member of the Australian Federal Police; or
(b)
a member of the police force of a State or Territory; or
(c)
the Marshal of a Family Court; or
(d)
any other person to whom it is directed.

“(2) For the purpose of executing a warrant:

(a)
the original warrant is not necessary; and
(b)
a copy of the sealed warrant is sufficient.

How long does a warrant remain in force?

“8. Unless the court otherwise orders, a warrant (except a warrant issued under subsection 65Q (2) of the Act) ceases to be in force 12 months after it is issued.

[NOTE: Subsection 65Q (3) of the Act provides that a warrant issued under subsection 65Q (2) of the Act ceases to be in force 6 months after it is issued, unless a shorter period is specified in the warrant.]

Division 3—Procedure after arrest

Application of Division

“9. This Division does not apply to a person who is arrested:

(a)
under a warrant issued under subsection 65Q (2) of the Act; or
(b)
without a warrant, under a recovery order.

Person arrested may be held in custody

“10. If a person is arrested under a warrant issued under the Act, the Regulations or these Rules, the court must direct that the person:

(a)
be held in custody until the hearing of the proceedings; or
(b)
be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court at the hearing of the proceedings, or otherwise.

Persons taken into custody

“11. If, in proceedings:

(a)
a court issues a warrant that authorises a person to be taken into custody and brought before the court sitting at a particular place; and
(b)
the person is taken into custody and brought before:
(i)
the court sitting at another place; or
(ii)
another court;

the court before which the person is brought may direct that the person:

(c)
be held in custody until the person is brought before the court specified in the warrant; or
(d)
be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court specified in the warrant, or otherwise.”.

SCHEDULE 3

Rule 73

NEW ORDER 35

“ORDER 35—CONTRAVENTIONS, OFFENCES

AND CONTEMPT

Division 1—General

Interpretation

“1. In this Order:

“ ‘applied provisions’ has the meaning given by section 112AA of the Act;

“ ‘section 112AA order’ has the meaning given to the term ‘order under this Act’ by section 112AA of the Act;

“ ‘third party recovery order’ means an order that authorises or directs a person or persons to take action of the kind described in paragraph 67Q (b), (c) or (d) of the Act.

Application of order

“2.This Order applies if it is alleged that a person:

(a)
has, without reasonable excuse, contravened a section 112AA order (except a residence order, a contact order or a specific issues order); or
(b)
has contravened a residence order, a contact order or a specific issues order; or
(c)
has prevented or hindered the taking of action under a third party recovery order; or
(d)
has, without reasonable excuse, failed to comply with:
(i)
a sentence imposed on the person under paragraph 112AD (2) (d) of the Act; or
(ii)
an order directed to the person under that paragraph; or
(iii)
a requirement made, in relation to the sentence or order, by or under the applied provisions; or

(e)
has committed a contempt of:
(i)
the Family Court; or
(ii)
another court exercising jurisdiction under the Act.

Who may make an application?

“3. (1) An application under this Order may be made by:

(a)
a person who is aggrieved by an action of the kind referred to in rule 2; or
(b)
the Marshal; or
(c)
a member of the Australian Federal Police; or
(d)
a member of a police force of a State or Territory; or
(e)
an officer of the Attorney-General’s Department.

“(2) The Family Court may direct the Marshal to make an application under this Order.

Service

“4. An application or order under this Order must be served in accordance with Order 18, paragraph 9 (1) (a), 9 (2) (a), 10 (1) (a), or 10 (2) (a), (b) or (c), as the case requires.

Division 2—Applications

Contraventions of orders under the Act—Form 48

“5. (1) This rule does not apply to an alleged contravention of a residence order, contact order or specific issues order.

“(2) A person may apply to the court to impose a sanction under subsection 112AD (2) of the Act on another person who is alleged to have, without reasonable excuse, contravened a section 112AA order.

“(3) The application must:

(a)
be in accordance with Form 48; and
(b)
be accompanied by an affidavit that sets out the facts sought to be relied on.

Contravention of residence orders, contact orders or specific issues orders—Form 49

“6.(1) A person may apply to the court to impose a sanction under subsection 112AD (2) of the Act on another person who is alleged to have contravened a residence order, a contact order or a specific issues order.

“(2) The application must:

(a)
be in accordance with Form 49; and
(b)
be accompanied by an affidavit that sets out the facts sought to be relied on.

Imposition of sanction for preventing or hindering action under a third party recovery order—Form 35

“7. (1) A person may apply to the court to impose a sanction under subsection 67X (3) of the Act on another person who is alleged to have prevented or hindered, intentionally and without reasonable excuse, the taking of action under a third party recovery order.

“(2) The application must:

(a)
be in accordance with Form 35; and
(b)
be accompanied by an affidavit that sets out the facts sought to be relied on.

Information laid before a magistrate under section 112AH of the Act—Form 49A

“8. (1) In this rule, ‘information’ means an information that:

(a)
alleges that a person has, without reasonable excuse, failed to comply with:
(i)
a sentence imposed on the person under paragraph 112AD (2) (d) of the Act; or
(ii)
an order directed to the person under that paragraph; or
(iii)
a requirement made, in relation to the sentence or order, by or under the applied provisions; and
(b)
is to be laid before a magistrate under subsection 112AH (2) of the Act.

“(2) An information may be laid before a magistrate only by the Marshal.

“(3) The Family Court may direct the Marshal to lay an information before a magistrate.

“(4) An information must be in accordance with Form 49A.

“(5) If:

(a)
an information is laid before a magistrate; and
(b)
the magistrate issues a summons under paragraph 112AH (2) (a) of the Act;

a copy of the sealed information and summons must be served, in accordance with Order 18, paragraph 9 (1) (a), 9 (2) (a), 10 (1) (a) or 10 (2) (a), (b) or (c), on the person to whom the summons is directed.

“(6) If:

(a)
an information is laid before a magistrate; and
(b)
the magistrate issues a warrant under paragraph 112AH (2) (b) of the Act for the arrest of the person named in the information;

the person executing the warrant must give a copy of the sealed information to the person arrested at the time the arrest is made.

Contempt in the face of the court—Form 8

“9. (1) If:

(a)
it is alleged, or it appears to the court, that a person is guilty of contempt in the face of the court; and
(b)
the person is not, at that time, before the court;
the court may:
(c)
order the person to attend before the court; or
(d)
issue a warrant authorising the person to be arrested and brought before the court.

“(2)An application for an order, or the issue of a warrant, must:

(a)
be in accordance with Form 8; and
(b)
be accompanied by an affidavit that sets out the facts sought to be relied on.

Contempt other than in the face of the court—Form 47

“10.(1) If it is alleged that a person has committed a contempt of the court (except a contempt to which rule 9 applies), an application may be made to the court for the person to be dealt with for the contempt.

“(2) The application must:

(a)
be in accordance with Form 47; and
(b)
be accompanied by an affidavit that sets out the facts sought to be relied on.

Division 3—Hearing of applications

Hearing date

“11.(1) The Registrar must:

(a)
fix a date for the hearing of an application that is, subject to subrule (2), as near as practicable to 14 days after the date on which the application is filed; and
(b)
endorse the date on the application.

“(2) In the case of an application for urgent relief:

(a)
the applicant may apply ex parte to the Registrar for the Registrar to fix an early date for the hearing of the application; and
(b)
the Registrar may fix, as the date for the hearing, the date that the Registrar considers appropriate.

Arrest of respondent for failure to appear at hearing—Form 8

“12. (1) If the respondent to an application under this Order does not appear before the court on the date fixed for the hearing of the application, the applicant in the proceedings may request the court to issue a warrant authorising the person to whom it is addressed to:

(a)
arrest the respondent; and
(b)
bring the respondent before the court.

“(2) An application for the issue of a warrant:

(a)
may be made orally at the hearing; or
(b)
in any other case—must be in accordance with Form 8.

Respondent may be held in custody

“13. Subject to Subdivision D of Division 6 of Part VII of the Act, the court may order that the respondent:

(a)
be kept in custody until the hearing of the proceedings; or
(b)
be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court at the hearing of the proceedings, or otherwise.

Procedure at hearing

“14. At the hearing of an application, the court must:

(a)
tell the respondent the allegation made against him or her; and
(b)
ask the respondent to state whether he or she admits or denies the allegation; and
(c)
hear any evidence in support of the allegation; and
(d)
ask the respondent to state his or her defence to the allegation; and
(e)
hear any evidence that the respondent adduces; and
(f)
determine the issues raised in the application and any response; and
(g)
consider (if applicable) the matters referred to in subsection 112AD (5) of the Act; and
(h)
make any orders that are appropriate in the circumstances.”.

SCHEDULE 4

Subrule 77.3

NEW FORM 12A

“FORM 12A

Order 14, rule 2

[INSERT FORM 12A—page 1[MG1] ]

[INSERT FORM 12A—page 2]

[INSERT FORM 12A—page 3]

[INSERT FORM 12A—page 4]

[INSERT FORM 12A—page 5]

[INSERT FORM 12A—page 6]

[INSERT FORM 12A—page 7]

[INSERT FORM 12A—page 8]

[INSERT FORM 12A—page 9]

SCHEDULE 5

Subrule 77.6

NEW FORMS 26A AND 26B

“FORM 26A

Order 26A, rule 7

[INSERT FORM 26A—page 1[MG2] ]

[INSERT FORM 26A—page 2]

[INSERT FORM 26A—page 3]

[INSERT FORM 26A—page 4]

[INSERT FORM 26A—page 5]

[INSERT FORM 26A—page 6]

[INSERT FORM 26A—page 7]

[INSERT FORM 26A—page 8]

[INSERT FORM 26A—page 9]

“FORM 26B

Order 26A, rule 11

[INSERT FORM 26B—1 page only[MG3] ]

SCHEDULE 6

Subrule 77.7

NEW FORMS 34 AND 35

“FORM 34

Order 34, rule 3

Family Law Act 1975, Section 67Q

RECOVERY ORDER

NAME OF COURT: FILE NO:

AT:

APPLICANT: (insert full name)

RESPONDENT(S): (insert full name(s))

TO: *The Marshal

*The Deputy Marshal

*All officers of the Australian Federal Police

*All officers of the State and Territory Police Forces

*(Insert name of person to whom recovery order is directed)

*(Insert name of child recovery officer)

ON THE APPLICATION OF THE above APPLICANT, THE COURT ORDERS THAT:

*1. You are required to *return/*deliver the child, (insert name of child), born on (insert child’s date of birth) to:
*(a) the applicant at (insert address of applicant); or
*(b) the following person, (insert name and address and relationship (if any) to child of person who is to receive child), who is to receive the child on behalf of *the applicant/*(specify person on whose behalf child is to be received); or
*(c) the following person, (insert name and address and relationship (if any) to child of person to whom child is to be returned or delivered).
*2. You are *authorised/*directed, with such assistance as you require, and if necessary by force, to find and recover the child.
*3. The Registrar must give you any information provided to the Registrar of a court under a location order that may assist you in finding and recovering the child.
*4. You are *authorised/*directed, with such assistance as you require, and if necessary by force, to stop and search:
*(a) any vehicle, vessel or aircraft in which there is, at any time, reasonable cause to believe that the child may be found; or
*(b) (specify vehicle, vessel or aircraft) for the purpose of finding and recovering the child.
*5. You are *authorised/*directed, with such assistance as you require, and if necessary by force, to enter and search:
*(a) any premises or place in which there is, at any time, reasonable cause to believe that the child may be found; or
*(b) (specify premises or place) for the purpose of finding and recovering the child.
*6. The following directions apply to the day-to-day care of the child until the child is returned or delivered to the person specified above: (insert directions).
*7. (Insert name and address of person) is prohibited from again removing or taking possession of the child.
*8. If (insert name of person specified in paragraph 7) again removes or takes possession of the child, *he/*she may be arrested, without warrant.
*9. This order remains in force until (insert date).

DATED: 19 .

By the court

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

Registrar

(Insert name), *counsel/*solicitor, appeared for the applicant.
(Insert name), *counsel/*solicitor, appeared for the respondent.

[NOTES:

1. If no date is specified in item 9, the order remains in force for 12 months after the date it is made.
2. It is understood that it is at the discretion of the person authorised or directed to find and recover a child under this order to recover the child from the place where the child is found if the person to whom the child is to be returned or delivered is not present and able to receive the child.
3. If the person who is authorised or directed to carry out this order is given information provided to the Registrar of a court under a location order, that information must not be disclosed to any person, except as authorised by subsection 67P (1) of the Family Law Act.]

* Omit if not applicable.

__________”.

“FORM 35

Order 35, rule 7

[INSERT FORM 35—page 1[MG4] ]

[INSERT FORM 35—page 2]

SCHEDULE 7

Subrule 77.9

NEW FORMS 47, 48, 49 AND 49A

“FORM 47

Order 35, rule 10

[INSERT FORM 47—page 1[MG5] ]

[INSERT FORM 47—page 2]

“FORM 48

Order 35, rule 5

[INSERT FORM 48—page 1[MG6] ]

[INSERT FORM 48—page 2]

“FORM 49

Order 35, rule 6

[INSERT FORM 49—page 1[MG7] ]

[INSERT FORM 49—page 2]

“FORM 49A

Order 35, rule 8

INFORMATION

IN THE *MAGISTRATES/*LOCAL COURT

AT:

TO: (insert full name and address of defendant)

BY ORDER of the Family Court of *Australia/*Western Australia at (insert place) dated (insert date), a sealed copy of which is attached,

*a sentence was imposed on you/*an order was directed to you.

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

*the sentence/*order; or

*a requirement made in relation to the *sentence/*order by or under the applied provisions.

*2. I apply for the issue of a summons.

*3. I believe, for the following reasons, that proceedings against you by summons might not be effective (in numbered paragraphs concisely state the reasons).

*4. I apply for the issue of a warrant.

*SWORN/*AFFIRMED

AT:

DATED: 19 .

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

(Signature of informant)

BEFORE ME:

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

(Signature and title of person before whom

information is sworn or affirmed)

SUMMONS

(Court use only—not to be completed if a warrant is being issued)

TO: (insert full name and address of defendant)

YOU ARE ORDERED to attend the (insert name of court) Court

at: (insert place of court)

on: (insert date)

at: (insert time)

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 proceedings is completed.

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

Magistrate

[NOTES:

1. Subsection 112AH (3) of the Family Law Act provides that the court may issue a warrant for the arrest of a person who fails to attend before the court as required by a summons.
2. In accordance with Order 35, subrule 8 (6), if a person is arrested under a warrant issued under paragraph 112AH (2) (b) of the Family Law Act, a copy of the sealed information must be served on the defendant at the time the arrest is made.]

* Omit if not applicable.

__________”.

SCHEDULE 8

Subrule 77.11

NEW FORM 51

“FORM 51

Order 34, rule 6

WARRANT OF ARREST

TO: *The Marshal

*All officers of the Australian Federal Police

*All officers of the Police Force of (insert State or Territory)

1. BECAUSE OF an order made by the Court at (insert place) on (insert date), to issue a warrant for the arrest of (insert full name) of (insert address), YOU ARE DIRECTED TO ARREST (insert full name) and bring that person before the Court, or any other court exercising jurisdiction under the Act, on the first day on which the Court next sits after the person’s arrest, or as soon as practicable after that date.
*2. This warrant is issued under subsection 65Q (2) of the Family Law Act.
*3. This warrant stops being in force on (insert date).

DATED: 19 .

By the court

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

Registrar

[NOTE: If no date is specified in item 3, this warrant stops being in force:

(a) if it is issued under subsection 65Q (2) of the Family Law Act—6 months after the date it is issued; or
(b)
in any other case—12 months after it is issued.]

* Omit if not applicable.

__________”.

SCHEDULE 9

Subrule 77.15

NEW FORM 69

“FORM 69

Order 25, rule 4A

MEMORANDUM BY COURT COUNSELLOR

NAME OF COUNSELLOR:  ..................................................................................
MATTER:  ................................................................ FILE NO:  ....................
NATURE OF REFERRAL:
[ ]
section 15 of the Act;
[ ]
subsection 62C (1) of the Act;
[ ]
section 62D of the Act;
[ ]
subsection 62E (1) of the Act;
[ ]
subsection 62F (2) of the Act;
[ ]
section 112AD of the Act;
[ ]
*before/*after first hearing date.
REFERRED BY:  ................................... DATE OF REFERRAL:  .................

DATE OF CONFERENCE(S): .............................................................................
PARTIES INTERVIEWED: ..................................................................................
OUTCOME
Issue Agreement No agreement Part agreement
reached reached reached

[ ] Parenting plan [ ] [ ] [ ]

[ ] Residence [ ] [ ] [ ]

[ ] Contact [ ] [ ] [ ]

[ ] Specific issues [ ] [ ] [ ]

[ ] Occupancy [ ] [ ] [ ]

[ ] Other [ ] [ ] [ ]

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

[  ] No further appointments for privileged counselling were made.
[  ] A further appointment was made for privileged counselling to take place on (insert date).
[  ] Consent orders negotiated/*parenting plan developed.
[ ] A notification has been made by a counsellor under section 67ZA of the Act.
CASE MANAGEMENT OPTIONS

It is my opinion that, if these parties appear in dispute before a court:

[ ] Further privileged counselling should take place before a judicial decision is made.

[ ] A judicial decision is required.

[  ] After the determination of (specify issue(s)), further privileged counselling should take place.
[  ] The parties should be given more time to attempt to settle the matter.
[  ] To assist the parties to settle the matter, they should be referred to:
[ ]
conciliation counselling;
[ ]
mediation;
[ ]
a conciliation conference with a Registrar and a court counsellor;
[ ]
a group or other program (specify program).
[  ] It would assist in a resolution of the matter if the children of the parties were included in (specify program).
[  ] No further privileged counselling is desirable or useful *at this stage/*until (insert date).

[ ] A family report should be ordered:

[ ]
at the pre-hearing conference; [ ] as soon as possible.

[ ] A child’s representative should be appointed.

[ ] The court should request, under section 91B of the Family Law Act, that the State welfare officer intervene in the proceedings.

[ ] Other (give details).

[  ] Case management track is recommended as follows:
[ ]
direct; [ ] standard; [  ] complex.
DATED: 19   .

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

Court counsellor

* Omit if not applicable.

__________”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 May 1996.
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; 1992 Nos. 8, 45, 161 and 304; 1993 Nos. 51 and 160; 1994 Nos. 25, 58, 59, 60, 61, 62, 152 and 401; 1995 Nos. 2, 144, 145, 146, 319 and 371; 1996 No. 28.

[MG1]Missing form.

[MG2] Missing form.

[MG3]Missing form.

[MG4]Missing form.

[MG5]Missing form.

[MG6]Missing form.

[MG7]Missing form.

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Family Law Rules (Amendment) (Cth)

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