Family Law Rules (Amendment)

Legislation au C2004L02208 CourtRules Not in force Legislative Instrument

Legislation content

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.

Overview

The Family Law Rules (Amendment) 1988 No. 9 was enacted to address various issues and gaps within the Family Law system by amending the Family Law Rules. This amendment was introduced by the Australian Parliament to enhance the efficiency, clarity, and administration of family law matters, ensuring they align with contemporary legal practices and policy objectives. The amendments encompass a range of areas, including the introduction of new definitions, adjustments to procedural rules for appeals, modifications to costs regulations, and updates to Family Court forms to better serve the needs of the judiciary and the public. By implementing these changes, the legislation aims to streamline processes, reduce ambiguities, and provide clearer guidance for those involved in family law proceedings, ultimately facilitating a more effective and equitable resolution of family disputes.

Scope and Application

The Family Law Rules (Amendment) Explanatory Statement pertains to amendments within the Family Law Act, affecting various aspects of family law proceedings. These amendments apply to individuals and entities involved in family law matters, such as those seeking dissolution of marriage, nullity of marriage, or ancillary relief, as well as those involved in appeals and costs associated with these proceedings. The rules are applicable within the jurisdiction of the Family Court of Australia, which has national reach under Commonwealth law. The amendments do not explicitly state exclusions but focus on refining the procedural aspects of family law matters, ensuring clarity and efficiency in legal processes. The application of these rules may be further extended or restricted through subordinate instruments, such as regulations or further legislative amendments, allowing for adaptability and precision in their implementation.

Key Provisions

The Family Law Rules (Amendment) Explanatory Statement outlines various changes to the Family Law Rules, which can be categorised into four main areas: miscellaneous amendments, appeal rules, miscellaneous amendments to costs rules, and amendments to family court forms. Rule 1 introduces a definition clause, while Rule 2 allows 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 specifies that applications for ancillary relief must be commenced using a Form 7. Rule 4 clarifies that a compulsory conference must be held in the presence of a Registrar, and Rule 5 extends the operation of Rule 8 of Order 31, enabling Magistrates to make orders in Chambers. The amended appeal rules, detailed in Rules 6 to 27, provide comprehensive guidelines for the filing, service, and hearing of appeals. Rule 6 repeals Order 32 of the Family Law Rules and substitutes it with a new Order 32, which includes provisions for the manner, form, and time limits for filing an appeal (Rule 2), service of a notice of appeal (Rule 3), and the operation of an appeal as a stay of an order (Rule 4). Rule 5 allows a judge to order security for costs if deemed appropriate. Additionally, Rules 8 to 11 outline the process for nominating an appeal registry, fixing a time and place to settle the appeal index, and preparing and organizing appeal papers. The appeal registrar is responsible for obtaining transcripts, fixing hearing dates, and expediting appeals. The miscellaneous amendments to the costs rules, outlined in Rules 7 to 15, primarily concern the charges for work done in a court of summary jurisdiction and the Family Court. Rule 7 stipulates that affidavits in support of a contempt application must be served on a respondent, while Rule 8 provides for a lesser charge (80% of Scale) for work done in a court of summary jurisdiction compared to the Family Court. Rule 9 further reduces the charge (to 65% of Scale) if the work is carried out by a clerk of a solicitor. Rules 10 and 11 make consequential amendments to existing rules, and Rule 12 inserts a new form for applications under new Rule 18 of Order 32. Rule 14 introduces a new schedule of scale fees for work done under the Family Law Act 1975, adding items 6 and 7 to the old Schedule 2. The Family Law Rules (Amendment) Explanatory Statement also addresses offences, penalties, and consequences for breaches of the amended rules. The specific penalties for non-compliance with the amended rules are not detailed within the explanatory statement itself. However, it is important to note that breaches of family law rules can potentially result in civil or criminal consequences, depending on the nature of the breach. The Family Court has the authority to impose fines, order the payment of costs, or make other orders as it deems appropriate. In cases of serious misconduct or contempt of court, the court may impose more severe penalties, including imprisonment. It is crucial for parties and entities governed by the Family Law Rules to adhere to the amended provisions to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Family Law
Instrument
Explanatory Statement
Concepts
Definitions & Interpretation
Transitional Provisions
Costs Rules
Appeal Rules

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.