Family Law Amendment Rules 2004 (No. 2) 2004 No. 53
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 53
Issued by the authority of the Judges of the Family Court of Australia
Family Law Amendment Rules 2004 (No. 2)
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. Family Law Rules 1984 will be replaced completely by Family Law Rules 2004 on 29th March 2004.
DETAILS OF AMENDMENTS
Rule 1 Name of Rules
The name of the rules is the Family Law Amendment Rules 2004 (No. 2)
Rule 2 Commencement
The rules amendments commence on 29th March 2004
Rule 3 Family Law Rules 1984 - repeal
This rule repeals the Family Law Rules 1984, including all subsequent amendments made to those Rules since 1984, because those Rules are being replaced by Family Law Rules 2004, commencing on 29 March 2004.
Rule 4 Transitional
This rule provides for transitional arrangements for any case commenced under the Family Law Rules 1984 and not finally determined before those Rules are repealed. Such cases must be continued in accordance with the Family Law Rules 2004. The rule provides that
(1) Any act or thing done before 29th March 2004 in accordance with the Family Law Rules 1984, if of a kind to which these Rules apply, will be treated as done in accordance with these Rules.
(2) An obligation incurred or undertaking given under the Family Law Rules 1984 before 29th March 2004, if of a kind to which these Rules apply, will be treated as if incurred or given under these Rules.
(3) Where a person has, before 29th March 2004, omitted to do any act or thing in accordance with the Family Law Rules 1984 and the act or thing is of a kind to which these Rules apply, the act or thing shall be treated as not having been done under these Rules unless subsequently done in accordance with these Rules.
(4) These Rules do not operate to work a revival of any period of time for the doing of any act or thing, being a period of time which, under the Family Law Rules 1984, has expired before 29th March 2004
(5) A period of time under the Family Law Rules 1984 that is running but has not yet expired before 29th March 2004, if the matter in respect of which it is running is a matter to which these Rules apply, will continue to run as if these Rules had not come into operation.
Rule 5 Amendments of Family Law Rules 2004
This rule contains a schedule setting out a number of miscellaneous amendments to the Family Law Rules 2004 which were signed by a majority of Judges on 19th December 2003.
Schedule 1
[1] Rule 13.16 (a)
This amendment is to correct an error. The undertaking as to disclosure must be filed 21 days before the pre-trial conference so that it filed before (and compliance can be certified in) the compliance certificate.
[2] Rule 15.30 (3)
This amendment is to correct a typographical error to change the reference to paragraph (1) (a) not (1) (b) so that it is clear that it is proof of service which is required.
[3] Rule 20.18(2)
This amendment is to correct a typographical error to add "r" so that enforcement office becomes enforcement officer.
[4] Part 22.3 Flow chart, second box
This amendment is to correct a typographical error - 14 days should be 21 days, as this is the time period provided for the filing of a pre-argument statement in rule 22.14.
[5] Schedule 2, Form 2 Parts B and C
This amendment is to correct a typographical error appearing in Part C item 5 to remove "the intervener" and replace with " the child representative".
[6] Schedule 2, Form 11 (Application of consent orders)
This amendment is to correct a typographical error in Part K (Affidavit of Respondent) in the 10th paragraph to remove "1" and replace with "2". The respondent is required to swear that he or she has no property, superannuation or financial resources other than those set out in the Respondents column in Part G of the Form.
[7] Schedule 2, Form 13 (Financial Statement)
This amendment is to correct a publication error. This version of the Form 13 replaces the Form 13 included in the Rules signed by the Judges on 19th December 2004 . It is the same form except that it has had deleted from it those pages which belong to the "kit" (instructions and information for clients) which pages were never intended to be included in the prescribed form.
[8] Schedule 2, Form 14, Part F (Subpoena)
This amendment is to correct a typographical error to correct the spelling of subpoena where it appears in the note immediately under the heading to Part F.