EXPLANATORY STATEMENT RULES CONSEQUENTIAL ON THE PASSAGE OF THE FAMILY LAW AMENDMENT ACT 1987 1988 No. 46
Rule 1 provides for new forms to initiate proceedings in relation to children.
Rule 2 dispenses with the need to file a marriage certificate in proceedings which are not a matrimonial cause.
Rule 3 amends Order 9 rule 1 to omit references to “children of a marriage”.
Rule 4 amends Order 14 rule 5 to refer to sub-section 60H(1) of the Family Law Act, 1975.
Rule 5 amends Order 16 rule 3 to omit references to marriage, to provide for references to parents of children and to the length of the period of cohabitation between parents.
Rule 6 amends Order 16 rule 9 so that it refers to Section 66D, 66G and 72 and sub-section 75(2).
Rule 7 amends Order 16 rule 9 to prescribe the affidavit which is to be filed in applications pursuant to Section 66X of the Family Law Act 1975.
Rule 8 amends Order 17 rule 2 so that it is no longer specific to proceedings between parties to a marriage.
Rule 9 amends Order 23 rule 2 so that it refers to sub-section 60H(1).
Rule 10 extends the operation of Order 25 rule 2 to include sub-section 61(1) of the Family Law Act.
Rule 11 extends the operation of Order 25 rule 3 to Sections 17 and Section 61C of the Family Law Act.
Rule 12 amends Order 25 rule 5 so that it refers to sub-section 55A(2) of the Family Law Act.
Rule 13 amends Rule 1 of Order 26 so as to provide a method for the registration of agreements in relation to children pursuant to Section 66ZC of the Family Law Act 1975.
Rule 14 amends Order 31 rule 9 so that it is no longer specific to proceedings between parties to a marriage.
Rule 15 amends Order 33 rule 2 to omit references to marriage.
Rule 16 provides for a form to be used when money is paid into Court.
Rule 17 extends Order 40 rule 3 to refer to Part VII as well as Parts VIII and X.
Rule 18 amends Schedule 1 of the Family Law Rules to insert amended forms which are not specific to proceedings in relation to a marriage, amends the layout of forms 39 and 41 and omits one of 2 forms 48 and changes the format of titles to accord with current Commonwealth drafting style.