Family Law Amendment Rules 2002 (No. 3) 2002 No. 241
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 241
Issued by the authority of the Judges of the Family Court of Australia
Family Law Amendment Rules 2002 (No. 3)
AMENDMENT OF THE FAMILY LAW RULES 1984
Section 123 of the Family Law Act 1975 (the Act) provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Act.
Section 123(2) of the Act provides that Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if reference in those sections to regulations were references to Rules of Court.
The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed and amended since that date.
NOTES ON PROPOSED AMENDMENTS
The details of the proposed amendments are as follows:
Rule 1 cites the Rules as the Family Law Amendment Rules 2002 (No. 3).
Rule 2 provides that the Rules commence on gazettal.
Rule 3 provides that Schedule 1 amends the Family Law Rules 1984 (the Rules).
Schedule 1, item [1], amends Order 24A rule 2 to omit 'pre-hearing' and insert 'pre-trial' to be consistent with similar references elsewhere in the Rules.
Schedule 1, items [2], [3] and [4] amend Order 31B, paragraphs 6 (1) (b), 6 (2) (b) and 22 (1) (b), and rule 29, and Order 32A subrule 5 (3) to replace references to 'appropriate Deputy Child Support Registrar' with 'Child Support Registrar' because the office of Deputy Child Support Registrar no longer exists within the Child Support Agency.
Schedule 1, item [5], replaces existing Schedule 2 with a new Schedule 2 to give effect to the recommendation made by the Eighteenth Report of the Federal Costs Advisory Committee on Solicitor's Costs under the Family Law Act, and accepted by the Chief Justice's Consultative Committee and the Judges, that the scale of costs under the Rules be increased by 3.2 percent.
Overview
The Family Law Amendment Rules 2002 (No. 3) were enacted to amend the Family Law Rules 1984, addressing various procedural and terminological updates necessary for the efficient administration of family law cases within the Family Court of Australia. These amendments were made under the authority of the Judges of the Family Court of Australia pursuant to Section 123 of the Family Law Act 1975, which empowers the court to establish rules governing practice and procedure. The objective of these amendments is to ensure consistency within the rules and to reflect current administrative practices, particularly in relation to the nomenclature of court officials and the adjustment of costs scales in line with recommendations from relevant advisory committees. These rules commenced upon gazettal, aiming to streamline court processes and align them with legislative and administrative changes.
Scope and Application
The Family Law Amendment Rules 2002 (No. 3) are a statutory instrument made under the authority of the Judges of the Family Court of Australia. These rules amend the Family Law Rules 1984, which govern the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act 1975. The amendment rules apply to all proceedings in the Family Court and other relevant courts, impacting parties involved in family law matters, including individuals, legal representatives, and entities engaged in family law disputes. These rules primarily address technical adjustments and updates to ensure consistency and accuracy within the existing framework of family law rules. The amendments include modifications to terminology to reflect changes in office titles within the Child Support Agency and adjustments to the scale of solicitor's costs as recommended by the Federal Costs Advisory Committee. The changes are designed to streamline the legal processes and reflect current administrative structures and cost guidelines.
Key Provisions
The Family Law Amendment Rules 2002 (No. 3) make several amendments to the Family Law Rules 1984 (the Rules). These amendments are intended to improve the consistency and clarity of the Rules, and to bring them into line with changes in the Child Support Agency and the Federal Costs Advisory Committee's recommendations on solicitor's costs. Rule 1 cites the Rules as the Family Law Amendment Rules 2002 (No. 3) and specifies that they commence on gazettal (Rule 2). The substantive changes are detailed in Schedule 1, which amends various parts of the Rules.
The amendments primarily involve updates to terminology and references to reflect current organisational structures and cost adjustments. For instance, Rule 3, item [1], changes the term 'pre-hearing' to 'pre-trial' in Order 24A rule 2, ensuring consistency with other parts of the Rules. Furthermore, Rule 3, items [2], [3], and [4], update references to 'appropriate Deputy Child Support Registrar' to 'Child Support Registrar' in Order 31B, paragraphs 6 (1) (b), 6 (2) (b), and 22 (1) (b), as well as in rule 29 and Order 32A subrule 5 (3). These changes address the dissolution of the office of Deputy Child Support Registrar within the Child Support Agency.
Additionally, Rule 3, item [5], introduces a new Schedule 2, replacing the existing one to reflect the 3.2 percent increase in the scale of costs under the Rules. This increase was recommended by the Eighteenth Report of the Federal Costs Advisory Committee on Solicitor's Costs under the Family Law Act and was accepted by the Chief Justice's Consultative Committee and the Judges.
These amendments impose certain obligations on the parties and entities governed by the Family Law Rules. Legal practitioners must ensure that they are familiar with the updated terminology and references to comply with the new Rules. They must also adjust their practices to account for the increased scale of costs as stipulated in the new Schedule 2. Furthermore, these amendments require the courts and administrative bodies to use the updated terminology and references consistently throughout the proceedings and documentation.
Failure to comply with the amended Family Law Rules could result in procedural errors or non-compliance with court directives. While the Rules themselves do not explicitly outline specific offences or penalties for non-compliance, any resulting procedural errors could potentially impact the outcome of family law cases. Additionally, legal practitioners who do not adhere to the updated cost scales might face challenges in recovering costs from clients or in billing practices. It is essential for all parties involved in family law proceedings to stay updated with these changes to ensure compliance and avoid potential complications in their cases.