FAMILY LAW RULES (AMENDMENT)
EXPLANATORY STATEMENT 1988 No. 9
The amendments of the Family Law Rules fall into four categories:
• Miscellaneous Amendments
• Amendment of the Appeal Rules (Order 32)
• Miscellaneous amendments to costs rules (Order 38)
• Amendment of Family Court Forms (Schedule 1)
Miscellaneous amendments
Rule 1 inserts a definition clause
Rule 2 amends Order 7 rule 5 to allow for the filing of a decree of dissolution of marriage or a decree of nullity in lieu of a marriage certificate where the marriage has already been dissolved or annulled.
Rule 3 amends Order 7 rule 9 to provide that applications for ancillary relief are always commenced by a Form 7.
Rule 4 amends Order 24 to make clear that a compulsory conference is in the presence of a Registrar.
Rule 5 extends the operation of Rule 8 of Order 31 so that Magistrates may make orders in Chambers.
Appeal Rules
Rule 6 repeals Order 32. of the Family Law Rules and substitutes a new Order 32. References to Rules 1-27 hereunder are to the Rules in new Order 32.
Rule 1 is a definition section.
Rule 2 provides for the manner, form and time limits for filing an appeal.
Rule 3 provides for the manner of and time limits for service of a notice of appeal.
Rule 4 provides that an appeal shall not operate as a stay of an order unless a judge orders otherwise.
Rule 5 provides for an order to be made for security of costs if a judge thinks fit to do so.
Rule 6 provides for the amending of notices of appeal.
Rule 7 provides for the manner, form and time limits for filing a cross appeal.
Rule 8 allows the Principal Registrar to nominate a particular registry (“the appeal registry”) to process an appeal.
Rule 9 sets out the duties of the appeal registrar in gathering up the appropriate appeal papers and exhibits.
Rule 10 sets out the duties of the appeal registrar in fixing a time and place to settle the appeal index.
Rule 11 requires the appellant to file and serve a draft index 7 days in advance of the date to settle the appeal index.
Rule 12 sets out the manner in which the appeal index is to be settled.
Rule 13 requires the appeal registrar to obtain a transcript of the proceedings from which the appeal has arisen.
Rule 14 sets out the form in which appeal papers are to be organized and what they are to comprise.
Rule 15 requires the appellant, subject to the direction of the appeals registrar, to prepare appeal papers.
Rule 16 requires the appeal registrar to fix the appeal for hearing and to notify the parties of the date, time and place of hearing.
Rule 17 provides for the expediting of appeals.
Rule 18 provides for the dismissal of an appeal or other appropriate order where an appellant does not meet the requirement of the Rules or the Family Law Regulations.
Rule 19 provides for the manner and form by which a respondent to an appeal may seek to have an appeal dismissed in accordance with rule 18.
Rule 20 provides for the manner in which an application shall be made for a certificate from the Full Court to permit an appeal to the High Court.
Rule 21 provides for the manner in which a special case for the Full Court is to be prepared.
Rules 22 provides for the manner and form in which an appeal from a Court of summary jurisdiction is to be filed.
Rule 23 provides for the service of an appeal from a Court of summary jurisdiction.
Rule 24 provides that unless a judge or magistrate orders otherwise an appeal shall not operate or a stay of a decree.
Rule 25 provides for the transmission of papers between the court in which an appeal has been lodged and the court appealed from.
Rule 26 provides for the manner and form in which a request for a review of a registrar’s decision shall be made.
Rule 27 deems the Full Court to have certified that the appearance of counsel was necessary before it. Such certification is necessary for the recovery of counsel’s fees pursuant to Order 38.
Miscellaneous amendment
Rule 7 amends Order 34 to make clear that affidavits in support of a contempt application as well as the application should be served on a respondent.
Costs Rules
Rule 8 provides for a lesser charge (80% of Scale) for work done in a court of summary jurisdiction than for work done in the Family Court.
Rule 9 provides for a lesser charge (65% of Scale) if the work is carried out by a clerk of a solicitor.
Rules 10 and 11 are a consequential amendment to that effected by Rule 27 of new Rule 27 in Order 32.
Rule 12 inserts a new form to allow applications to be made under new ARule 18 of Order 32.
Rule 13 makes consequential amendments to the Forms effected by these Rules amendments.
Rule 14 inserts a new schedule of scale fees for work done under the Family Law Act, 1975. Items 6 and 7 are thereby added to the items in old Schedule 2.
Rule 15 is a transitional provision.