FAMILY LAW ACT 1975
AMENDMENT OF THE FAMILY LAW RULES
STATUTORY RULES 1989 No. 331
EXPLANATORY STATEMENT
1. These Rules are intended to govern the procedures of Courts having Jurisdiction under the Family Law Act which have Jurisdiction therefore under the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989, hereinafter called the “Registration Act” and the “Assessment Act”.
They are intended to provide a complete code for procedures under these two Acts with the insertion of a New Order 31B into the Family Court Rules. They aim to have these matters heard as expeditiously as possible by providing for shorter times between filing of applications and hearing than is the case for most applications under the Family Law Act and simple readily identifiable forms of application to be accompanied by brief affidavit material.
2. Under the Registration Act Courts having Jurisdiction under the Family Law Act have jurisdiction -
(a) under Sec. 44(2) (automatic withholding);
(b) under Sec. 88 to appeal the Child Support Registrar’s decision on an objection to his making or refusing to make an entry in the Register.
S.110 allows appeals by leave only to the Family Court from a Magistrate’s decision.
Under the Assessment Act the Court’s role will be in the following areas -
(a) Declarations in relation to entitlement for administrative assessment (Ss.106, 107).
(b) Appeals against incorrect assessment (Ss.110).
(c) Orders for departure from administrative assessment in special circumstances (S.117).
(d) Orders for provision of child support in a form other than periodic payments to the child’s custodian (S.124).
(e) Applications in relation to child support agreements (Ss.95(6), 98, 132).
(f) Urgent maintenance orders (S.139).
(g) Stay orders in relation to assessments etc. under the Act (S.140).
S.105 allows appeals from Magistrates to the Family Court on the various matters by leave only and S.102 appeals from a single judge to the Full Court by leave only.
4. The Registrar of Child Support may intervene in, and contest and argue any question arising in, a proceeding under the Assessment Act (S.145). Provision is, therefore, made by the Rules for notification by the Court to the Registrar so that this right can be exercised.
Section 1 is the commencement provision.
Section 2 inserts the new order 31B.
Division 1 (Rules 1-2) is an interpretation and application Division setting out definitions of terms used and applications to which the new Order 313 applies. O.31 prevails over any other provision in the Rules if there is inconsistency. Urgent maintenance applications under S.139 of the Assessment Act are to be governed by Order 9 Rule 1 of the Family Law Rules.
Division 2 (Rules 3-7) sets out the procedures for applications which come at first instance to the Family Court or other Court having jurisdiction under the Family Law Act, in relation to provisions of both the Registration and Assessment Acts.
Rule 4 provides applications are to be in accordance with new Forms 63 or 64 (as the case may be) and filed in duplicate to provide a copy for the Court to serve on the Child Support Registrar.
It should be noted that the provisions for -
(a) service as soon as practicable; and,
(b) the 23 day return date;
are intended to provide as speedy a hearing of the matter as is consistent with the need of all parties to have an
opportunity to fairly present a case.
Division 3 (Rules 3-17) provides further procedural arrangements, in addition to those general ones outlined in Division 2 in relation to particular applications, in particular requiring that where the application is an appeal in relation to an assessment, agreement or order, copies of these should be filed with the application.
Division 4 (Rules 18-28) deals with procedural matters for those proceedings where leave is required (i.e. appeals from a Court of Summary Jurisdiction, appeals to the Full Court of the Family Court from a single judge) and applications for review of a decision of a Judicial Registrar.
Rules 27 and 28 are intended to provide means whereby material before the Court of Summary Jurisdiction can be made available to the Family Court.
Division 5 (Rules 29-33) covers miscellaneous matters viz:-
- the forwarding of orders made by the Court under either the Assessment or Registration Acts to the Child Support Registrar.
- service of documents by the Child Support Registrar.
- applications for assistance by the Counselling Section of the Family Court.
- procedures for intervention by the Child Support Registrar in Court proceedings.
- registration in the Court of child support agreements.
The remaining Rules relate to changes which need to be made to the Family Law Rules to accommodate proceedings under the two Child Support Acts.
Section 3 adds to the delegated powers of registrars the power to hear urgent maintenance applications under the Assessment Act.
Section 4 adds to the delegated powers of Judicial Registrars power to hear applications under the two Child Support Acts.
Section 5 amends O.36A to provide for a hearing de novo for an application to review a decision of a Judicial Registrar.
Schedule 1 provides for additions and changes to the Forms required under these Rules.
Form 42A is amended to cover all applications, other than appeals, to the Full Court and will be used for leave to appeal applications under the Child Support Acts.
New Forms 63 and 64 are provided for all other applications under these Acts except urgent maintenance which will be brought by using a Form 12.
New Form 65 provides for the Child Support Registrar to give
notice of intervention in proceedings.