Federal Magistrates Court Amendment Rules 2008 (No. 1) (Cth)

Federal Magistrates Court Amendment Rules 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 10

We, Federal Magistrates, make the following Rules of Court under the Federal Magistrates Act 1999.

Dated 27 February 2008

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Federal Magistrates

JOHN MATHIESON
Chief Executive Officer

Name of Rules

These Rules are the Federal Magistrates Court Amendment Rules 2008 (No. 1).

Commencement

These Rules commence on 1 March 2008.

Amendment of Federal Magistrates Court Rules 2001

Schedule 1 amends the Federal Magistrates Court Rules 2001.

Schedule 1 Amendments

(rule 3)

[1] Subparagraphs 20.00A (1) (b) (ii) and (iii)

substitute

(ii)subsection 44 (1C) — to give leave for an application for a divorce order to be filed within 2 years after the date of marriage;

(iii)subsection 55 (2) and section 55A — to make an order about when a divorce order takes effect;

(iv)section 57 — to rescind a divorce order where the parties have become reconciled;

(v)subsection 60I (9) — to decide if subsection 60I (7) applies to an application for a Part VII order about a child;

(vi)subsection 60I (10) — to order that a person attend family dispute resolution;

(vii)subsection 60J (2) — to decide if subsection 60J (1) applies to an application for a Part VII order about a child because of a risk of child abuse or family violence;

(viii)section 98A — to make an order approving an undefended application for divorce without the parties being present.

[2] Schedule 1, Part 1

omit

Stage 4: PDR litigation intervention

insert

Stage 4: Dispute resolution litigation intervention

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See