Family Law Rules (Amendment) 1994 No. 152
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 152
Issued by the authority of the Judges of Family Court of Australia
AMENDMENT OF THE FAMILY LAW RULES
Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.
Section 123 (2) of the Family Law Act provides that sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if references in those sections to regulations were references to Rules of Court.
The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed since that date.
DETAILS OF THE PROVISIONS
Rule 1 provides the commencement date.
Rule 2 is a machinery provision.
Rule 3 amends Order 38 schedule 2 by adding 3.09% to each item in the Scale of Costs as recommended by the Federal Costs Advisory Committee.
Overview
The Family Law Rules (Amendment) 1994 No. 152, issued by the authority of the Judges of the Family Court of Australia, seeks to amend the Family Law Rules to address the need for periodic updates in line with changes in legal practice and economic factors. Enacted under the authority granted by Section 123 of the Family Law Act 1975, the amendments are designed to ensure the Rules of Court remain relevant and effective in governing the practice and procedure within the Family Court and other courts exercising jurisdiction under the Family Law Act. The policy objective of these amendments is to align the Scale of Costs with recommendations from the Federal Costs Advisory Committee, ensuring that the financial implications of litigation are reflective of current economic conditions and the practicalities of legal proceedings.
Scope and Application
The Family Law Rules (Amendment) 1994 No. 152 applies to the rules governing practice and procedure in the Family Court of Australia and other courts exercising jurisdiction under the Family Law Act 1975. These rules are made under section 123 of the Family Law Act and are applicable to all persons, entities, and transactions involving family law matters within the Commonwealth of Australia. The amendment made by this instrument specifically adjusts the Scale of Costs as outlined in Order 38 Schedule 2 by increasing each item by 3.09%, reflecting the recommendations of the Federal Costs Advisory Committee. The amendment extends to the entire nation, ensuring uniform application across all jurisdictions. The Act does not specify any exclusions, exemptions, or thresholds in this amendment, and its application is not further extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of the Family Law Rules (Amendment) 1994 No. 152 include the commencement date outlined in Rule 1, which is when the amendments take effect, and Rule 3, which modifies the Scale of Costs in Order 38 Schedule 2. Specifically, Rule 3 increases each item in the Scale of Costs by 3.09%, following the recommendations of the Federal Costs Advisory Committee. This adjustment is intended to reflect updated cost considerations and ensure that legal fees in family law matters are appropriately compensated.
The Family Law Rules impose several obligations and requirements on the parties and entities governed by the Act. Primarily, these rules dictate the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act. By adhering to these rules, parties ensure that their proceedings are conducted in a manner that is consistent with legal standards and practices. For instance, Rule 3’s adjustment to the Scale of Costs ensures that legal practitioners are fairly compensated for their work, which is crucial for the proper functioning of the family law system.
Breaching the provisions of the Family Law Rules can lead to various civil and criminal consequences. Although specific offences and penalties are not detailed in the Explanatory Statement, non-compliance with court rules generally can result in procedural penalties such as fines, costs orders, or even the dismissal of proceedings. The Family Law Act and other related legislation outline these consequences in detail, ensuring that any breach of court rules is met with appropriate sanctions. These measures are designed to maintain the integrity of the legal process and ensure that all parties are held to the standards set forth by the Family Law Rules.