Family Law Amendment Rules 2007 (No. 3)

Administered by Attorney-General's Department

Legislation au F2007L04912 CourtRules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

FAMILY LAW AMENDMENT RULES 2007 (No. 3)

 

Select Legislative Instrument 2007 No. 366

 

Issued by the authority of the Judges of the Family Court of Australia

 

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 29 March 2004. Pursuant to the Legislative Instruments Act there has been broad consultation with the Federal Magistrates Court, the Family Law Section of the Law Council of Australia and the Attorney General’s Department in the preparation of the following amendments to the Family Law Rules.

 

The major changes introduced by the amendments to the rules are:

 

1.  To clarify that a certificate provided by a Family Dispute Resolution Practitioner is not required to be filed with an Application for Final Orders which seeks an order under Part VII of the Act, or an Application for Contravention, which seeks an order under Part VII of the Act, if either of the parties to the proceedings has applied before 1 July 2007, for a Part VII order in relation to the child.

 

2. To increase the interest rate under Rule 17.03 from 10.75% to 11.75%.

 

3. To delegate additional powers to SES Band 2 Registrars, namely to make a recovery order in relation to a child and to make orders for security for costs associated with applications that are within the power of a Registrar to hear and determine.

 

4. To amend the note to Rule 11.16 (3) to include a reference to s 126E of the Evidence Act 1995.

 

 

 

 

 

 

 

DETAILS OF AMENDMENTS

 

Rule 1 Name of Rules

 

The name of the rules is the Family Law Amendment Rules 2007 (No. 3).

 

Rule 2 Commencement

 

The rules amendments commence on the day after they are registered.

 

Rule 3 Amendment of Family Law Rules 2004

 

Schedule 1 amends the Family Law Rules 2004.

 

 

Schedule 1

 

Schedule 1, Item 1, Table 2.2 Item 2A, paragraph (b)

This amendment clarifies that a certificate provided by a Family Dispute Resolution Practitioner pursuant to s 60I(8), is not required to be filed with an Application for Final Orders which seeks an order under Part VII of the Act, if s 60I(5) applies, namely that either of the parties to the proceedings has applied before 1 July 2007 for a Part VII order in relation to the child.

 

The requirement to file an affidavit in a form approved by the Principal Registrar, unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed applies in such cases.

 

Schedule 1, Item 2, Table 2.2 Item 10A, paragraph (b)

This amendment clarifies firstly, that a certificate provided by a Family Dispute Resolution Practitioner pursuant to s 60I(8), is not required to be filed with an Application – Contravention which seeks an order under Part VII of the Act, if s 60I(5) applies, namely that either of the parties to the proceedings has applied before 1 July 2007, for a Part VII order in relation to the child.

 

The requirement to file an affidavit in a form approved by the Principal Registrar, unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed applies in such cases.

 

Schedule 1, Item 3, Subrule 11.16 (3), note 2

 

This amendment incorporates in the note to Rule 11.16(3), a reference to s 126E of the Evidence Act 1995.

 

This is in response to the Evidence Amendment (Journalist’s Privilege) Act 2007.

 

Schedule 1, Item 4, Rule 17.03

 

This amendment increases the interest rate from 10.75% to 11.75%.

 

 

Schedule 1, Item 5, Table 18.2, after item 11

 

This amendment delegates to SES Band 2 Registrars power pursuant to s 67U of the Family Law Act 1975, namely to make a recovery order in relation to a child.

 

Schedule 1, Item 6, Table 18.2, after item 21

This amendment delegates to SES Band 2 Registrars power pursuant to s 117(2) of the Family Law Act 1975, namely to make orders for security for costs associated with applications that are within the power of a Registrar to hear and determine.

Overview

The Family Law Amendment Rules 2007 (No. 3) were enacted to amend existing Family Law Rules and address specific procedural gaps within the Family Court of Australia. This legislation was introduced by the Judges of the Family Court of Australia under Section 123 of the Family Law Act 1975, which empowers them to create rules governing the practice and procedure in the Family Court. The objective of these amendments is to streamline certain legal processes, notably by exempting certain applications from the requirement of a Family Dispute Resolution certificate, adjusting the interest rate applied to certain financial orders, and delegating additional powers to SES Band 2 Registrars to enhance the efficiency of the court's operations. These amendments reflect an effort to modernise and clarify the family law procedural framework in Australia.

Scope and Application

The Family Law Amendment Rules 2007 (No. 3) apply to the practice and procedure in the Family Court of Australia and other courts exercising jurisdiction under the Family Law Act 1975. These rules, which came into effect on the day after their registration, are designed to amend the Family Law Rules 2004. They provide clarifications and adjustments to various provisions, such as the exemption from requiring a Family Dispute Resolution Practitioner's certificate for certain applications filed before 1 July 2007, an increase in the interest rate from 10.75% to 11.75%, and the delegation of additional powers to SES Band 2 Registrars. This includes the authority to make recovery orders in relation to a child and orders for security for costs associated with applications within their jurisdiction. The amendments also incorporate a reference to section 126E of the Evidence Act 1995 in response to the Evidence Amendment (Journalist's Privilege) Act 2007. The rules extend across the Commonwealth of Australia, and their application may be further refined through subordinate instruments as deemed necessary by the Judges of the Family Court of Australia.

Key Provisions

The Family Law Amendment Rules 2007 (No. 3) introduce several key amendments to the Family Law Rules 2004, aimed at clarifying certain procedural requirements and delegating additional powers to SES Band 2 Registrars. Firstly, Rule 2 designates the name of the rules as the Family Law Amendment Rules 2007 (No. 3), and Rule 3 specifies that these rules amendments commence on the day after they are registered. The amendments are detailed in Schedule 1, which modifies various sections of the Family Law Rules 2004. The operative sections of these amendments primarily concern the filing of certificates from Family Dispute Resolution Practitioners. For instance, Schedule 1, Item 1, Table 2.2, Item 2A, paragraph (b) clarifies that a certificate from such a practitioner is not required to be filed with an Application for Final Orders seeking an order under Part VII of the Family Law Act 1975 if either party had previously applied for a Part VII order in relation to the child before 1 July 2007. Similarly, Schedule 1, Item 2, Table 2.2, Item 10A, paragraph (b) extends this clarification to Applications for Contravention. In these cases, the requirement to file an affidavit in a form approved by the Principal Registrar applies unless another affidavit in the proceedings already sets out the factual basis of the exception claimed. The obligations and requirements imposed by these rules include the necessity for parties to ensure that if an application for a Part VII order was made before 1 July 2007, they do not need to file a Family Dispute Resolution certificate with subsequent final orders or contravention applications. Moreover, if they wish to rely on an exception to the certificate requirement, they must file an appropriate affidavit. Additionally, the rules empower SES Band 2 Registrars with additional responsibilities, such as making recovery orders for children under Rule 18.2, Item 5, and orders for security for costs under Rule 18.2, Item 6. In terms of offences, penalties, or consequences for breach, the rules themselves do not explicitly state any criminal penalties. However, failure to comply with the procedural requirements, such as not filing the necessary affidavit when an exception applies, could result in the court dismissing the application or making adverse orders against the party at fault. For instance, if a party does not file the required affidavit when they should have, the court may deem this non-compliance as a procedural error that could negatively impact their case. The maximum penalties for breaches are not specified within these rules but would generally be determined by the Family Court’s inherent jurisdiction and other applicable laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.