FAMILY LAW RULES (AMENDMENT)
Explanatory Statement
STATUTORY RULES 1989 NO. 201
Outline
The purpose of the amendments is twofold.
(a) First, to make Rules of Court with respect to Summary Maintenance proceedings. Order 9 and Form 12 are amended to assist parties to Summary Maintenance proceedings and to encourage the early disposal of those proceedings.
(b) Second, to make Rules of Court with respect to Experts. Order 30A of the Rules, inserted by these Rules, provides for the exchange of reports of experts; the appointment, cross-examination and remuneration of court experts; and limitations on the number of experts.
NOTES ON RULES
Rule 1: Commencement
This rule provides that the amendments commence on 1 August 1989
Rule 2: Summary Maintenance Proceedings
This rule amends Order 9 by adding two subrules.
Subrule 3 provides for pamphlets to be given to applicants and respondents in Summary Maintenance proceedings containing information on the appropriate form, service and the hearing procedure. The subrule also provides for parties to relevant proceedings to receive copies of the results of research into the costs of maintaining children.
Subrule 4 provides for notification by a respondent of the intention to defend proceedings.
Rule 3: Expert Evidence
This rule inserts new Order 30A which provides for the appointment, remuneration and number of experts and in relation to their evidence.
Division 1 General
Subrule 1 is a definition provision.
Division 2 Evidence of Experts
Subrule 2 provides for the exchange of expert evidence.
Division 3 Court Experts
Subrule 3 provides for the appointment of court experts.
Subrule 4 provides for the distribution of the report of a court expert by the Registrar to the parties and for such a report to be received into evidence.
Subrule 5 provides for an application that a court expert be cross-examined and for an order requiring the attendance of a court expert at a hearing for that purpose.
Subrule 6 provides for the remuneration of a court expert and for liability in respect of that remuneration.
Subrule 7 provides for a response to the evidence of a court expert by the evidence of another expert.
Division 4 Limitation of Expert Evidence
Subrule 8 requires that a party seeking to adduce the evidence of more than one expert on an issue apply for directions from the Court. The Court shall only direct that additional expert evidence may be called where there are special circumstances.
Division 5 Conference of Experts
Subrule 9 provides for the Court ordering that experts confer and for those experts preparing a joint statement setting out those parts of the evidence on which they agree and those parts on which they do not.
Rule 4: Form 12
This rule amends form 12 to provide for verification by affidavit and for a notice to the Registrar as to the intention of the respondent to defend the proceedings.