EXPLANATORY STATEMENT
Family Law Act 1975
Family Law Regulations (Amendment)
(Statutory Rules 1983 No. 280)
The Family Law (Amendment) Act 1983 (the Amendment Act) received the Royal Assent on 28 October 1983. Part II of the Amendment Act, amongst other things, amends the Family Law Act 1975 (the Act) to provide that certain matters be prescribed. Sub-section 123(1) of the Act enables regulations to be made, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 2 of the Amendment Act provides that Part II shall come into operation on the twenty-eighth day after the day on which that Act receives the Royal Assent.
The purpose of the regulations is to amend the Family Law Regulations to prescribe those matters required or permitted by amendments made by Part II of the Amendment Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to amendments made by Part II of the Amendment Act.
By virtue of sub-section 4(2) of the Acts Interpretation Act 1901, the regulations take effect on the day on which Part II of the Amendment Act comes into operation.
Details of the regulations are at Attachment A.
(Authorised by the Attorney-General)
Attachment A
NOTES ON REGULATIONS
Regulation 1 amends regulation 33 of the Family Law Regulations (the existing regulations) by repealing sub-regulations 33(2) and (3) and inserting a new sub-regulation 33(2) providing for the form of a joint application for a decree of dissolution of marriage. Sub-section 44(1A) of the Act (a new provision introduced by the Amendment Act) provides for such applications. Regulation 1 also amends sub-regulation 33(1) in consequence of the insertion of new sub-regulation 33(2).
Regulation 2 inserts a new regulation 33A into the existing regulations providing for the form of the certificate referred to in sub-section 44(1B) of the Act, inserted by section 21 of the Amendment Act.
Regulation 3 amends regulation 34 of the existing regulations by repealing sub-regulations 34(2) and (3) and inserting a new sub-regulation 34(2) providing for the form of a joint application for a decree of nullity of marriage. Joint applications for decrees of nullity are also provided for by the new sub-section 44(1A). Regulation 3 also amends sub-regulation 34(1) in consequence of the insertion of new sub-regulation 34(2).
Regulation 4 inserts a new regulation 102A into the existing regulations providing that the court may order, upon such terms and conditions as it considers just, that the legal personal representative of a deceased party to uncompleted property proceedings under the Act be substituted for that deceased party as a party to the proceedings.
Regulation 5 inserts a new regulation 165A into the existing regulations. Sub-regulation 165A(1) provides for the form of a notice to be filed together with a copy of an offer in writing to settle proceedings filed for the purposes of sub-section 117C(1) of the Act, inserted by section 70 of the Amendment Act. Sub-regulation 165A(2) provides for the form of the notice that an offer in writing to settle proceedings, filed for the purposes of sub-section 117C(2) of the Act, inserted by section 70 of the Amendment Act, has been withdrawn.
Regulation 6 inserts a new regulation 168A into the existing regulations prescribing the manner in which consents in writing referred to in paragraphs 70A(1)(a), 70A(2)(a), 70B(1)(c) and 70B(2)(c) of the Act, inserted by section 33 of the Amendment Act, are to be authenticated.
Regulation 7 inserts a new regulation 170AA into the existing regulations prescribing 10 percent per annum as the rate of interest for the purposes of sub-section 87(11) of the Act, inserted by sub-section 44(1) of the Amendment Act.
Regulation 8 inserts a new regulation 170B into the existing regulations prescribing, for the purposes of sub-section 114AB(1) and (2) of the Act, inserted by section 65 of the Amendment Act, the following State laws with respect to domestic violence -
• sections 407AA, 357F, 357G, 357H and 547AA of the Crimes Act, 1901 of New South Wales;
• the Peace and Good Behaviour Act 1982 of Queensland;
• sections 172, 173 and 174 of the Justices Act, 1902 of Western Australia; and
• section 99 of the Justices Act, 1921 of South Australia.
Regulation 8 also inserts a new regulation 170C into the existing regulations prescribing 10 percent per annum as the rate of interest for the purposes of sub-section 117B(1) of the Act, inserted by section 70 of the Amendment Act.
Regulation 9 amends Schedule 1 to the existing regulations by inserting into the Schedule Forms 4A and 4B. Under new sub-regulation 33(2) inserted by regulation 1 of these regulations, a joint application for a decree of dissolution of marriage shall be in accordance with Form 4A. Under new regulation 33A inserted by regulation 2 of these regulations, a certificate referred to in sub-section 44 (1B) of the Act shall be in accordance with Form 4B.
Sub-regulation 10(1) amends Schedule 1 to the existing regulations by inserting into the Schedule Form 5A, repealing Form 6 and inserting into the Schedule a new Form 6. Under new sub-regulation 34(2) inserted by regulation 3 of these regulations, a joint application for a decree of nullity of marriage shall be in accordance with Form 5A. Under sub-regulation 36(1) of the existing regulations, an application (other than an application by which proceedings for principal relief are commenced or an application under sub-regulation 133(1), 133(2) or 137(4)) shall be in accordance with Form 6. New Form 6 is necessary in consequence of the new paragraphs (cc), (ce), (cg) and (ch) of the definition of “matrimonial cause” in sub-section 4(1) of the Act inserted by sub-section
3(1) of the Amendment Act which, together with sub-section 44(1) of the Act, will enable the institution of certain proceedings under the Act, by application, by persons other than the parties to the marriage to which the proceedings relate. Sub-regulation 10(2) is necessary in consequence of the repeal of Form 6 and the insertion of new Form 6.
Regulation 11 amends Schedule 1 to the existing regulations by inserting into the Schedule Forms 29B and 29C. Under sub-regulation 165A(1) inserted by regulation 5 of these regulations, a notice filed together with a copy of an offer in writing to settle proceedings shall be in accordance with Form 29B. Under sub-regulation 165A(2) inserted by regulation 5 of these regulations, a notice that an offer in writing to settle proceedings has been withdrawn shall be in accordance with Form 29C.