Family Law Rules (Amendment)

Clause 1

amends Order 7 Rule 5 to require that a birth certificate be filed with an application instituting proceedings in relation to an ex-nuptial child.

Clause 2

amends Order 7 Rule 9 to allow an application seeking orders by consent to be filed without an affidavit in support.

Clause 3

amends order 26 Rule 1 to make the Registrar with whom an agreement under Section 66ZC or 86 has been registered, responsible for notifying the parties of registration.

Clause 4

amends Order 32 Rule 13 to make the appellant responsible for obtaining a copy of a transcript for the purposes of an appeal rather than the appeal registrar.

Clause 5

inserts a new provision after Rule 16 in Order 32 which prescribes a procedure for applying to have fresh evidence received in an appeal.

Clause 6

amends Order 36A Rule 2(1)(1) to extend the powers delegated to Registrars pursuant to S37A to the making of orders for Child Maintenance in undefended proceedings.

Clause 7

amends Order 38 Rule 3 as a consequence of the amendment effected by Clause 9 of these Rules.

Clause 8

amends Order 38 to substitute a new Rule 8 in respect of solicitor and client costs agreements. The provision now prescribes who may enter into the agreement, the requirements of a valid agreement, and the Courts power in respect of the validity and enforcement of an agreement.

Clause 9

amends Order 38 Rule 13 to insert a provision whereby counsels fees allowed as between party and party must be in accordance with schedule 2.

Clause 10

amends Order 38 Rule 24 to contemplate a taxation of costs which involves costs payable by someone other than a party to proceedings.

Clause 11

amends Order 38 Rule 26 as a consequence of the amendment effected by Clause 9 of these Rules.

Clause 12

amends Order 38 Rule 27 as a consequence of the amendment effected by Clause 9 of these Rules.

Clause 13

amends Order 38 Rule 28 to contemplate the special skill, knowledge ... etc of counsel.

Clause 14

amends the forms of subpoena In Schedule 1 to contemplate multiple addressees.

Clause 15

amends schedule 2 by inserting a part II which deals with counsels fees as between party and party.

Clause 16

is a transitional provision.