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.
Overview
The Family Law Rules (Amendment) Statutory Rules 1989 No. 201, enacted by the Parliament of Australia in 1989, addresses issues related to the procedural aspects of family law cases, particularly focusing on summary maintenance proceedings and the use of expert evidence. The amendments aim to streamline the process of summary maintenance proceedings by introducing measures such as the provision of informational pamphlets to parties involved and requiring notification of the intention to defend proceedings, thereby facilitating the early resolution of these matters. Furthermore, the amendments introduce comprehensive regulations concerning expert evidence, including provisions for the exchange of expert reports, the appointment and cross-examination of court experts, and limitations on the number of experts that can be utilised in a case. This legislative initiative seeks to enhance the efficiency and fairness of family law proceedings by clarifying procedural requirements and establishing clear guidelines for expert involvement.
Scope and Application
The Family Law Rules (Amendment) Statutory Rules 1989 No. 201 primarily apply to parties involved in Summary Maintenance proceedings and those requiring expert evidence within the jurisdiction of the Family Court of Australia. This legislation serves to enhance the efficiency and fairness of proceedings by amending Order 9 and introducing Order 30A to regulate expert evidence. Rule 2 introduces provisions for the distribution of informational pamphlets to parties in Summary Maintenance proceedings and requires notification from respondents of their intention to defend such proceedings. Rule 3, through Order 30A, governs the appointment, cross-examination, and remuneration of court experts, alongside limiting the number of experts a party can call. These amendments commence on 1 August 1989 and apply nationally, extending the court's reach and ensuring standardised procedures across various states and territories. The amendments do not explicitly state exclusions or exemptions but are designed to streamline proceedings and manage expert involvement effectively. The application and interpretation of these Rules may be further detailed through subordinate instruments, allowing for adjustments and clarifications as needed.
Key Provisions
The Family Law Rules (Amendment) Statutory Rules 1989 No. 201 introduces significant amendments to the Family Law Rules, focusing on two primary areas: Summary Maintenance proceedings and expert evidence. These amendments aim to streamline and clarify the processes involved in these types of court matters, thereby promoting efficiency and fairness. The new provisions include modifications to Order 9 and Form 12, which deal with Summary Maintenance proceedings, and the introduction of Order 30A, which governs the exchange of expert evidence.
Rule 2 specifically addresses Summary Maintenance proceedings, which are intended to expedite the resolution of family law matters. Under Rule 2, applicants and respondents in these proceedings will receive pamphlets that outline the necessary forms, the service process, and the hearing procedure (Rule 2, Subrule 3). Additionally, parties involved in these proceedings will receive copies of research results concerning the costs of maintaining children (Rule 2, Subrule 3). Furthermore, Rule 2 mandates that respondents must notify the court of their intention to defend the proceedings, thereby ensuring that all parties are adequately informed of the status of the case (Rule 2, Subrule 4).
The obligations imposed by these amendments require parties to adhere to the specified procedures and to provide the necessary documentation and information. For instance, applicants in Summary Maintenance proceedings must ensure they follow the outlined procedures and provide the required forms and information. Similarly, respondents must notify the court of their intention to defend and comply with any subsequent requirements. With respect to expert evidence, parties must engage in the exchange of expert reports and ensure that any court-appointed experts are compensated appropriately. Moreover, parties must manage the number of experts and obtain necessary court directions when additional expert evidence is required.
The amendments also outline various consequences for non-compliance. While the explanatory statement does not explicitly detail specific offences or penalties, it is reasonable to infer that breaches of the new procedures or obligations could lead to court sanctions, which might include fines or other penalties as deemed appropriate by the court. The amendments aim to enforce compliance with the new rules to ensure the efficient and fair resolution of family law matters, and any failure to adhere to these requirements could result in adverse consequences for the parties involved.