EXPLANATORY STATEMENT
Family Law Act
Family Law Rules (Amendment)
Statutory Rules 1986 No. 193
Section 123 of the Family Law Act 1975 empowers the Judges, or a majority of them, of the Family Court of Australia and the Family Court of Western Australia, to make Rules of Court on a number of matters relating to the practice and procedure of courts exercising jurisdiction under the Act.
A majority of these Judges have, made Statutory Rules No. 193 of 1986 to effect some changes to the existing Family Law Rules. Many of the changes are formal or drafting changes. Several are substantive changes. These Rules will operate from 1 August 1986.
Changes brought about by the Statutory Rules 1986 No. 193
Sub-rule (1A) of Order 15 Rule 4 provides that an annexure to an affidavit shall be endorsed by the deponent to identify it as the particular annexure referred to in the affidavit.
Order 17 Rule 2 has been amended to make it clear that in financial proceedings an applicant, a respondent who is a cross-applicant or a respondent who files an affidavit in answer to an application, shall file a statement of financial circumstances verified by affidavit, or an affidavit of financial circumstances.
Form 23A provides for the first time a form of affidavit of service by post and proof of signature.
Order 25 Rule 3 is amended to require respondents to applications for dissolution of marriage or nullity of marriage or for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage, to be served with documents explaining the effect of such proceedings.
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Order 29 Rule 1 is amended to require that not only an offer of settlement and a notice of withdrawal of an offer of settlement are to be placed in a file separate from the court file, but this procedure is to extend also to an acceptance of an offer of settlement.
Order 32 Rule 3A provides time limits within which a certificate of a Full Court of the Family Court enabling an appeal to the High Court on an important question of law or of public interest, must be filed. The time limits are:-
- within one month after the day on which the decree in relation to which the certificate is sought, is pronounced; or
- within such further time as a Judge of any court having jurisdiction under the Act directs.
Order 34 Rule 9 introduces a summary procedure for the urgent dealing with an alleged contravention of an order for access. The party instituting the proceedings is not required to file an affidavit unless the Court otherwise orders. That party is, however, required to serve a sealed copy of the application on the respondent not later than two days before the return day of the application. Where a respondent who has been properly served fails, without reasonable excuse, to appear at a court as required by the application, the Court may issue a warrant for the arrest of that person. This would only be done in a serious situation. The Rules provide a specific form for instituting this summary enforcement procedure.
Order 37 Rule 1(5) makes it mandatory in certain circumstances for a solicitor to file a notice that the solicitor has ceased to represent a party.
The Amending Rules also make a number of drafting changes to several of the Forms contained in Schedule 1 of the Rules.