Family Law Rules (Amendment) 1994 No. 59
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 59
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.
Rules 3 - 6 amend Order 10 rules 1, 2 & 6 and order 18 rule 12 by deleting the reference to 'Order 7 Division 2' and substituting the words 'for principal relief'. These provisions do not affect a substantive change but merely enable the provisions to be read without reference back to Order 7 Division 2.
Rule 7 delegates to Judicial Registrars the power under section 60AA of the Act to grant leave for proceedings to be commenced for adoption of a child by a prescribed adopting parent.
Rule 8 provides an omnibus amendment to the Forms set out in schedule 1 being Forms 1-8, 18, 19, 22, 24, 29, 30, 32, 34, 35, 42, 42A, 43, 57, 58, 63 - 65. This amendment is not a substantive change but merely enables the Forms to be prepared omitting material that is not relevant rather than requiring that material to be crossed out on the form.
Rule 8.2(1)-8.2(2) provides an additional Note at the end of Forms 48 and 49 setting out the penalties that may apply if a finding is made by the Court that a party has contravened an order of the Court.
Rule 8.2(3) amends Form 55 by omitting the requirement that a solicitor must include the address of that party on the form. This ensures that the address of a party is not disclosed without the consent of that party.
Overview
The Family Law Rules (Amendment) 1994 No. 59 was enacted to address procedural gaps in the Family Law Rules originally established in 1985 under section 123 of the Family Law Act 1975. This statutory rule, issued by the authority of the Judges of the Family Court of Australia, aims to refine and streamline certain processes within family law proceedings. The amendments, which came into effect as of the date specified in Rule 1, primarily serve to update references and forms to enhance clarity and efficiency. For instance, Rules 3 to 6 adjust references within specific orders to 'for principal relief' instead of 'Order 7 Division 2', while Rule 8 updates various forms to eliminate irrelevant information and ensure that penalties for court order contraventions are clearly noted. These changes do not introduce substantive legal changes but are intended to make the rules more user-friendly and to protect personal information by modifying the disclosure requirements on certain forms.
Scope and Application
The Family Law Rules (Amendment) 1994 No. 59 applies to the practice and procedure within the Family Court of Australia and any other courts exercising jurisdiction under the Family Law Act 1975. These amendments, issued by the authority of the Judges of the Family Court of Australia, are designed to streamline and clarify certain procedural aspects of family law matters without altering the substantive law. They are applicable to all persons and entities engaged in family law proceedings, including parents, children, and any other parties involved in the family law jurisdiction. The geographic reach of these amendments is limited to the Commonwealth of Australia, given that the Family Law Act 1975 is a federal statute. The amendments themselves do not introduce any exclusions, exemptions, or thresholds; rather, they serve to refine and update existing rules and forms used within the family law system. Subordinate instruments may further extend or clarify the application of these rules, ensuring that the amendments achieve their intended procedural simplification and efficiency.
Key Provisions
The Family Law Rules (Amendment) 1994 No. 59 provides a series of amendments to the existing Family Law Rules, which have been in operation since 2 January 1985. Rule 1 sets the commencement date of these amendments, ensuring that the new provisions are effective from a specific date. Rule 2 serves as a machinery provision, facilitating the implementation of the changes. Rules 3 to 6 modify certain references in Order 10 rules 1, 2, and 6, as well as Order 18 rule 12, by substituting the phrase "for principal relief" in place of the previous reference to "Order 7 Division 2". This amendment streamlines the rules without altering their substantive content.
The obligations imposed by these amendments primarily concern the administration of family law cases within the Family Court of Australia. Rule 7 delegates to Judicial Registrars the authority to grant leave for adoption proceedings, as per section 60AA of the Family Law Act 1975. This delegation ensures that the process for initiating adoptions is efficient and responsive to the needs of the parties involved. Rule 8 addresses the forms used in family law matters by making omnibus amendments to a range of forms listed in Schedule 1. This amendment allows for the preparation of forms that omit irrelevant material, thereby simplifying the completion process for parties and legal practitioners.
In terms of compliance and enforcement, Rule 8.2(1) and 8.2(2) add a note to Forms 48 and 49, informing parties of the potential penalties for contravening a court order. This serves as a deterrent against non-compliance with court directives. Rule 8.2(3) modifies Form 55 by removing the requirement for solicitors to include the address of their client on the form. This change protects the privacy of the parties by preventing the disclosure of their addresses without explicit consent. While the Family Law Rules (Amendment) 1994 No. 59 does not explicitly detail offences or penalties, the penalties for contravening a court order, as noted in Rule 8.2(1) and 8.2(2), are determined by the Family Law Act 1975 and the discretion of the court.