FAMILY LAW ACT 1975
AMENDMENT OF THE FAMILY LAW RULES
STATUTORY ROLES 1990 NO. 74
EXPLANATORY STATEMENT
1. The main purpose of these amendments is to update the Rules relating to Appeals to the Full Court of the Family Court by amendments to Order 32 of the Family Law Rules. New Practice Directions relating to appeals came into force on 1 February 1990 which supercede all previous Practice Directions as to appeals. These amendments to the Rules are complementary to the New Practice Directions and work together with them to provide more complete procedural guidelines than have previously been available.
2. Paragraph 2 of the amendments provides for service on the separate representative for the child which had not previously been expressly provided for by the Rules.
3. Paragraph 3 of the amendments provides a more complete procedural guideline for applications to receive new evidence that was provided by the former Rule 16A which is repealed.
The main changes are:
- Form 42A is to be used for the application. No form was previously prescribed.
- The time for filing before hearing has been considerably shortened i.e. from 21 days to 4 days before the hearing, and the time for reply from 14 days before hearing to 24 hours before hearing.
- The application to receive fresh evidence and the reply should now be filed in the Appeal Registry i.e. the registry where the appeal is to be heard. This provision is one of convenience for ensuring that the material will reach the members of the Bench in time for the hearing.
4. Paragraph 4 of these amendments provide a procedure for discontinuance of an appeal where no formal procedure had been previously prescribed. In so doing the procedures are brought into line with the discontinuance procedures for other proceedings which are provided for in Order 11A of the Family Law Rules.
The new Rule 19A provides that Form 15A should be used for a discontinuance application and that a discontinuing appellant or cross appellant should pay the costs of the other party which may be taxed in accordance with Order 38.
5. Paragraph 5 amends Form 21 (Affidavit of Proof of Signature) to bring it into line with all other forms. This has been necessary because of an unintentional omission of Form 21 from previous amendments affecting all other forms.