Family Law Rules 2004
Statutory Rules No. 375, 2003
made under the
Family Law Act 1975
Compilation No. 37
Compilation date: 23 August 2021
Includes amendments up to: F2021L01176
Registered: 1 September 2021
This compilation is in 2 volumes
Volume 1: rules 1.01–27.13
Volume 2: Schedules
Dictionary
Explanatory Guide
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Family Law Rules 2004 that shows the text of the law as amended and in force on 23 August 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introduction
Part 1.1—Preliminary
1.01 Name of Rules
1.02 Commencement
1.03 Rules in Chapter 1 prevail
1.03A Application of Family Court Rules 2021 (WA)
Part 1.2—Main purpose of Rules
1.04 Main purpose of Rules
1.05 Pre‑action procedure
1.06 Promoting the main purpose
1.07 Achieving the main purpose
1.08 Responsibility of parties and lawyers in achieving the main purpose
Part 1.3—Court’s powers in all cases
1.09 Procedural orders in cases of doubt or difficulty
1.10 Court may make orders
1.11 Court may set aside or vary order
1.12 Court may dispense with Rules
1.13 Judicial officer hearing application
1.14 Shortening or extension of time
1.15 Time for compliance
Part 1.4—Other preliminary matters
1.16 Definitions—the dictionary
1.17 Notes, examples etc
1.18 Sittings
1.19 Prohibition on recording
1.20 Publishing lists of cases
1.21 Calculating time
1.22 Methods of attaching the seal of the Court
Chapter 2—Starting a case
Part 2.1—Applications
2.01 Which application to file
2.02 Documents to be filed with applications
2.02A Documents filed by electronic communication
Part
Overview
The Family Law Rules 2004 were enacted to provide a comprehensive and detailed set of rules for the Family Court of Australia in relation to family law matters. The Family Law Rules 2004 were made under the Family Law Act 1975 by the Australian Parliament. The primary objective of these rules is to ensure that each case is resolved in a just, timely, and cost-effective manner while considering the welfare of any children involved and the interests of all parties. This is achieved by establishing a structured framework for case management, setting procedural timelines, and detailing the roles and responsibilities of parties and legal representatives in achieving the resolution of family law disputes.
Scope and Application
The Family Law Rules 2004, which are made under the Family Law Act 1975, govern the procedures, practices, and operations of family law cases in Australia, excluding certain matters such as bankruptcy cases handled under the Bankruptcy Act. These rules apply to all persons and entities involved in family law cases in the Family Court of Australia and the Magistrates Court of Western Australia, including individuals, corporations, and other legal entities. They cover various aspects of family law proceedings, such as the commencement of cases, service of documents, disclosure, and case management. The rules also apply to proceedings in the Family Court of Western Australia and the Magistrates Court of Western Australia. Certain rules extend or restrict application through subordinate instruments, such as the Family Court Rules 2021 (WA), which apply specifically to the Family Court of Western Australia and the Magistrates Court of Western Australia. No specific exclusions, exemptions, or thresholds are mentioned in the text, but the rules are designed to facilitate just, timely, and cost-effective resolution of family law disputes.
Key Provisions
- The Family Law Rules 2004 outline the procedural framework for cases in the Family Court of Australia and the Federal Circuit Court of Australia. These Rules complement the Family Law Act 1975, and include provisions for starting a case, divorce, case management, and enforcement of orders. Each section of the Rules has specific requirements and obligations for the parties and legal representatives involved. For example, Rule 1.04 mandates that the main purpose of these Rules is to resolve each case in a just, timely, and cost-effective manner, promoting cooperation between the parties and reducing the need for formal court proceedings. Rule 1.09 allows the court to make procedural orders in cases of doubt or difficulty, while Rule 1.12 empowers the court to set aside or vary any order made under the Rules. Additionally, Rule 1.13 permits the court to dispense with any of these Rules if doing so is in the interests of justice.
- Parties to a case are required to comply with pre-action procedures before initiating proceedings, as stipulated in Rule 1.05. This includes attempting to resolve the dispute through family dispute resolution, unless an exception applies. Rule 2.02 details the documents that must be filed with various types of applications, such as an Initiating Application (Family Law) or an Application in a Case. The Rules also outline obligations specific to certain types of cases, such as those involving allegations of abuse or family violence (Rule 2.04), and property settlement or spousal maintenance cases (Rule 2.06). Furthermore, Rule 4.01 requires parties to provide full and frank disclosure of all relevant information, while Rule 13.01 imposes a general duty of disclosure in all cases.
- The Rules impose various penalties and consequences for non-compliance. Rule 1.19 states that photographing or recording a court hearing without permission is an offence, with a penalty of 50 penalty units. Similarly, failure to comply with a procedural order or a requirement to disclose information may result in costs being awarded against the defaulting party (Rule 11.02). Additionally, Rule 13.14 stipulates that non-disclosure of documents may lead to the exclusion of the undisclosed evidence from consideration by the court. Rule 19.05 permits the court to order costs for any party who unreasonably fails to comply with a procedural order. In more severe cases, Rule 20.18 allows the court to impose a fine of up to $5,000 for non-compliance with an enforcement order. Finally, Rule 21.02A outlines the procedure for obtaining an arrest warrant for a party who fails to comply with a parenting order, which may result in imprisonment for contempt of court (subsection 112AP(2) of the Act).
- Area of Law
- Family Law
- Instrument
- Rules
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Delegated & Subordinate Legislation
- Court’s powers of case management
- Compliance Obligations
- Enforcement Powers
- Review & Appeal
