Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021


TABLE OF PROVISIONS

            

CHAPTER 1--Purpose and case management
            

   PART 1.1----PRELIMINARY

   1.01.   Name  
   1.02.   Commencement  
   1.03.   Authority  
   1.04.   Overarching purpose  
   1.05.   Definitions  

   PART 1.2----CASE MANAGEMENT

           Division 1.2.1--General case management procedures

   1.06.   Court's general powers of case management  
   1.07.   Case Management Practice Direction  
   1.08.   Other practice directions  

           Division 1.2.2--Case management procedures in particular proceedings

   1.09.   Divorce proceedings  
   1.10.   Surrogacy proceedings  
   1.11.   Medical procedure proceedings  
   1.12.   Financial proceedings  
   1.13.   Child support and child maintenance proceedings  

           Division 1.2.3--Proceedings to which the Trans-Tasman Proceedings Act 2010 applies

   1.14.   Application of Division 34.4 of the Federal Court Rules 2011  
   1.15.   Modifications of the Federal Court Rules 2011  
   1.16.   Service of subpoena  

           Division 1.2.4--Applications under the Corporations Act 2001 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006

   1.17.   Application of Division 1.2.4  
   1.18.   Application of the Corporations Rules  
   1.19.   Modification of the Corporations Rules  
   1.20.   Application under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006  

           Division 1.2.5--Proceedings to which the Bankruptcy Act 1966 applies

   1.21.   Application of Division 1.2.5  
   1.22.   Application of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021  
   1.23.   Modifications of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021  
   1.24.   Forms in proceedings to which the Bankruptcy Act applies  

           Division 1.2.6--Arbitration

   1.25.   Application of Division 1.2.6  
   1.26.   Referral of question of law by an arbitrator  
   1.27.   Referral of other matters to the court by the arbitrator  
   1.28.   Informing the court about awards made in arbitration  
   1.29.   Registration of awards made in arbitration  
   1.30.   Response to applications in relation to arbitration  

   PART 1.3----COURT'S POWERS IN RELATION TO THE RULES

   1.31.   Court may make orders or dispense with these Rules  
   1.32.   Applications for orders about procedures  
   1.33.   Failure to comply with specified time limit  
   1.34.   Application to allow step after specified time limit  
            

CHAPTER 2--Starting a proceeding
            

   PART 2.1----REQUIRED DOCUMENTS

   2.01.   Which application form must be filed  

   PART 2.2----NOTIFICATION IN CERTAIN PROCEEDINGS

           Division 2.2.1--Child abuse, family violence or other risks of harm to children

   2.02.   Definitions for Division 2.2.1  
   2.03.   Approved form for notice for the purposes of sections 67Z and 67ZBA of the Family Law Act  
   2.04.   Requirement to file Notice of Child Abuse, Family Violence or Risk in parenting proceedings  
   2.05.   Notice of Child Abuse, Family Violence or Risk filed by an interested person  
   2.06.   Amendment of Notice of Child Abuse, Family Violence or Risk  
   2.07.   Proceedings transferred from another court  
   2.08.   Content of Notice of Child Abuse, Family Violence or Risk  
   2.09.   When a notice in an approved form for the purposes of sections 67Z and 67ZBA of the Family Law Act is taken to have been filed  
   2.10.   Requirement to file family violence orders in certain proceedings  

           Division 2.2.2--Notification of other matters

   2.11.   Notification of proceeds of crime order or forfeiture application  
   2.12.   Proceeds of crime  
   2.13.   Notice of constitutional matter  

   PART 2.3----FORM OF DOCUMENTS

   2.14.   Formal requirements for documents  
   2.15.   Corporation as a party  
   2.16.   Change of name of party  
   2.17.   Documents not in English  

   PART 2.4----RESPONDING TO AN APPLICATION

   2.18.   When to respond to an application  
   2.19.   Response objecting to jurisdiction  
   2.20.   When to file an affidavit with a response  
   2.21.   How to reply to a response  
   2.22.   If the application or response is not contested  

   PART 2.5----FILING DOCUMENTS

   2.23.   How documents may be filed  
   2.24.   Rejection of documents  

   PART 2.6----SERVING DOCUMENTS--GENERAL

           Division 2.6.1--General

   2.25.   Address for service  
   2.26.   Change of address for service  
   2.27.   General requirements for service of documents  
   2.28.   Manner of service  
   2.29.   General time limit for service  
   2.30.   Time for service of subpoena  
   2.31.   Time for service of applications  
   2.32.   Proof of service  
   2.33.   Court's discretion in relation to service  
   2.34.   Service with conditions or dispensing with service  

           Division 2.6.2--Personal service

   2.35.   Personal service--general  
   2.36.   Personal service through a lawyer  
   2.37.   Personal service on a person with a legal incapacity  
   2.38.   Personal service on a prisoner  
   2.39.   Personal service on a corporation  

           Division 2.6.3--Ordinary service

   2.40.   Ordinary service  
   2.41.   When service is effected  

           Division 2.6.4--Service of Application for Divorce

   2.42.   Service of application  
   2.43.   Additional requirements for service by post  
   2.44.   Acknowledgment of service  
   2.45.   Affidavit of service  
   2.46.   Evidence of service  
   2.47.   Evidence of signature and identity of person served  

   PART 2.7----SERVING DOCUMENTS OVERSEAS

   2.48.   Serving documents in New Zealand  
   2.49.   Serving documents in all other countries  

   PART 2.8----AMENDING DOCUMENTS

   2.50.   Amendment by a party or court order  
   2.51.   Time limit for amendment  
   2.52.   Amending a document  
   2.53.   Response to amended document  
   2.54.   Disallowance of amendment  
            

CHAPTER 3--Parties and representation
            

   PART 3.1----NECESSARY PARTIES

   3.01.   Necessary parties  
   3.02.   Necessary parties to applications for parenting orders  

   PART 3.2----ADDING AND REMOVING A PARTY

   3.03.   Adding a party  
   3.04.   Person may apply to be included  
   3.05.   Party may apply to be removed  
   3.06.   Court may order notice to be given  
   3.07.   Intervention by a person entitled to intervene  

   PART 3.3----LEGAL REPRESENTATION

   3.08.   Right to be heard and representation  
   3.09.   Corporation must be represented  
   3.10.   Lawyer--ceasing to act  

   PART 3.4----INDEPENDENT CHILDREN'S LAWYER

   3.11.   Independent children's lawyer  

   PART 3.5----LITIGATION GUARDIANS

   3.12.   Person who needs a litigation guardian  
   3.13.   Starting, continuing, defending or inclusion in proceeding  
   3.14.   Who may be a litigation guardian  
   3.15.   Appointment of litigation guardian  
   3.16.   Manager of the affairs of a party  
   3.17.   Notice of becoming litigation guardian  
   3.18.   Costs and expenses of litigation guardian  

   PART 3.6----DEATH OR BANKRUPTCY OF A PARTY

           Division 3.6.1--Death of party

   3.19.   Death of party  

           Division 3.6.2--Bankruptcy or insolvency of party

   3.20.   Definitions for Division 3.6.2  
   3.21.   Notice of bankruptcy or personal insolvency agreement  
   3.22.   Notice under paragraph 3.21(1)(b)  
   3.23.   Notice under paragraph 3.21(1)(c)  
   3.24.   Notice of bankruptcy proceedings  
   3.25.   Notice of application under section 139A of the Bankruptcy Act  
   3.26.   Official name of trustee  
            

CHAPTER 4--Dispute resolution
            

   PART 4.1----REQUIREMENTS BEFORE APPLYING FOR ORDERS

   4.01.   Compliance with pre - action procedures  
   4.02.   Requirement to file family dispute resolution certificate with application for a parenting order  
   4.03.   Requirements before seeking an interlocutory order  
   4.04.   Consequences of failure to comply with rules 4.01 to 4.03  
   4.05.   Dispute resolution events  

   PART 4.2----OFFERS TO SETTLE A PROCEEDING

           Division 4.2.1--General

   4.06.   How to make an offer  
   4.07.   Open and without prejudice offers  
   4.08.   How to withdraw an offer  
   4.09.   How to accept an offer  
   4.10.   Counter - offer  

           Division 4.2.2--Offers in property proceedings

   4.11.   Compulsory offer to settle  
   4.12.   Withdrawal of offer  
            

CHAPTER 5--Interlocutory orders
            

   PART 5.1----GENERAL

   5.01.   Effect of final orders on interlocutory orders  
   5.02.   Restrictions on applications for interlocutory orders  
   5.03.   Time for applications seeking parenting orders for end - of - year school holiday period  
   5.04.   Supporting affidavit to be filed with application  
   5.05.   Responding to an Application in a Proceeding  
   5.06.   When affidavit in reply to a response may be filed  
   5.07.   Time for filing affidavits  
   5.08.   Limit on number and length of affidavits  
   5.09.   Duration of hearing of interlocutory application  
   5.10.   Administrative postponement of interlocutory hearing  

   PART 5.2----APPLICATIONS WITHOUT NOTICE

   5.11.   Applications without notice  
   5.12.   Necessary procedural orders  

   PART 5.3----HEARING ON PAPERS IN ABSENCE OF PARTIES WITHOUT ORAL HEARING

   5.13.   Decisions in the absence of the parties without an oral hearing  
   5.14.   Court decision to require attendance  
   5.15.   Procedure for hearing in absence of parties without an oral hearing  

   PART 5.4----APPLICATIONS IN RELATION TO PROPERTY

           Division 5.4.1--Orders for inspection, etc, of property

   5.16.   Orders about property  
   5.17.   Service of application  
   5.18.   Inspection by court  

           Division 5.4.2--Search orders

   5.19.   Application for search order  
   5.20.   Requirements for grant of search order  
   5.21.   Independent lawyers  
   5.22.   Costs  

           Division 5.4.3--Freezing orders

   5.23.   Application for freezing order  
   5.24.   Ancillary orders  
   5.25.   Order may be against a person not a party to proceeding  
   5.26.   Costs  

   PART 5.5----APPLICATIONS FOR SUPPRESSION OR NON-PUBLICATION ORDERS

   5.27.   Application for suppression or non - publication order  

   PART 5.6----CONSENT ORDERS

   5.28.   Application for order by consent  
   5.29.   Consent parenting orders and allegations of child abuse, family violence or other risks of harm to children  
            

CHAPTER 6--Disclosure and subpoenas
            

   PART 6.1----DUTY OF DISCLOSURE

           Division 6.1.1--General duty of disclosure

   6.01.   General duty of disclosure  
   6.02.   Undertaking by party  
   6.03.   Duty of disclosure--documents  
   6.04.   Use of documents  

           Division 6.1.2--Duty of disclosure in specific types of proceedings

   6.05.   Duty of disclosure--parenting proceedings  
   6.06.   Duty of disclosure--financial proceedings  

   PART 6.2----DISCLOSURE PROCEDURES

           Division 6.2.1--Introduction

   6.07.   Application of Part 6.2  

           Division 6.2.2--Processes of disclosure, production and inspection

   6.08.   Application of Division 6.2.2  
   6.09.   Disclosure by list of documents  
   6.10.   Request for disclosed document  
   6.11.   Request for other identified document  
   6.12.   Request to inspect original document  
   6.13.   Provision of copies of documents  
   6.14.   Production of documents for inspection  
   6.15.   Documents that need not be produced  

           Division 6.2.3--Objecting to production

   6.16.   Objection to production  

           Division 6.2.4--Orders in relation to disclosure

   6.17.   Consequences of non - disclosure  
   6.18.   Application for order for disclosure, production or inspection  
   6.19.   Costs of compliance  
   6.20.   Electronic disclosure  

   PART 6.3----SPECIFIC QUESTIONS

   6.21.   Application of Part 6.3  
   6.22.   Service of specific questions  
   6.23.   Answering specific questions  
   6.24.   Orders in relation to specific questions  

   PART 6.4----DISCLOSURE FROM EMPLOYER

   6.25.   Disclosure of employment information in proceedings for financial orders  

   PART 6.5----SUBPOENAS AND NOTICES TO PRODUCE

           Division 6.5.1--Subpoenas: general

   6.26.   Issue of subpoena  
   6.27.   Limits on requests for subpoenas  
   6.28.   Documents and things in possession of another court  
   6.29.   Time limits  
   6.30.   Service  
   6.31.   Conduct money and witness fees  
   6.32.   Undertaking not to require compliance with subpoena  
   6.33.   Setting aside subpoena  
   6.34.   Order for cost of complying with subpoena  
   6.35.   Cost of complying with subpoena if not a party  

           Division 6.5.2--Subpoenas: production of documents and access by parties

   6.36.   Use of documents produced in compliance with subpoena for production  
   6.37.   Right to inspection of document  
   6.38.   Objection to production or inspection or copying of document  
   6.39.   Subpoena for production of documents or things  
   6.40.   Return of documents produced  

           Division 6.5.3--Non-compliance with subpoena

   6.41.   Failure to comply with subpoena  

           Division 6.5.4--Notices to produce

   6.42.   Notice to produce  
            

CHAPTER 7--Experts and assessors
            

   PART 7.1----EXPERTS

           Division 7.1.1--Introduction

   7.01.   Application of Part 7.1  
   7.02.   Purpose of Part 7.1  

           Division 7.1.2--Single expert witness

   7.03.   Appointment of single expert witness by parties jointly  
   7.04.   Order for single expert witness  
   7.05.   Orders the court may make  
   7.06.   Single expert witness's fees and expenses  
   7.07.   Single expert witness's report  
   7.08.   Appointing another expert witness  
   7.09.   Cross - examination of single expert witness  

           Division 7.1.3--Permission for expert's evidence

   7.10.   Permission for expert's reports and evidence  
   7.11.   Application for permission for expert witness  

           Division 7.1.4--Instructions and disclosure of expert's report

   7.12.   Application of Division 7.1.4  
   7.13.   Instructions to expert witness  
   7.14.   Mandatory disclosure of expert's report  
   7.15.   Provision of information about fees  
   7.16.   Application for provision of information  
   7.17.   Failure to disclose report  

           Division 7.1.5--Expert witness's duties and rights

   7.18.   Expert witness's duty to the court  
   7.19.   Expert witness's right to seek orders  
   7.20.   Expert witness's evidence in chief  
   7.21.   Form of expert's report  
   7.22.   Contents of expert's report  
   7.23.   Consequences of non - compliance  

           Division 7.1.6--Clarification of single expert witness reports

   7.24.   Purpose of Division 7.1.6  
   7.25.   Conference  
   7.26.   Questions to single expert witness  
   7.27.   Single expert witness's answers  
   7.28.   Single expert witness's costs  
   7.29.   Application for directions  

           Division 7.1.7--Evidence from 2 or more expert witnesses

   7.30.   Application of Division 7.1.7  
   7.31.   Conference of expert witnesses  
   7.32.   Conduct of trial with expert witnesses  

   PART 7.2----ASSESSORS

   7.33.   Application of Part 7.2  
   7.34.   Appointing an assessor  
   7.35.   Assessor's report  
   7.36.   Remuneration of assessor  
            

CHAPTER 8--Admissions and evidence
            

   PART 8.1----ADMISSIONS

   8.01.   Request to admit  
   8.02.   Notice disputing fact or document  
   8.03.   Withdrawing admission  

   PART 8.2----EVIDENCE

           Division 8.2.1--General rules about evidence

   8.04.   How evidence may be given  
   8.05.   Court may call evidence  
   8.06.   Order for examination of witness  
   8.07.   Letters of request  
   8.08.   Transcript receivable in evidence  

           Division 8.2.2--Evidence in proceedings involving children

   8.09.   Parenting questionnaire  
   8.10.   Restriction on child's evidence  
   8.11.   Reports from family consultant  
   8.12.   Report after dispute resolution  

   PART 8.3----AFFIDAVITS

   8.13.   No general right to file affidavits  
   8.14.   Reliance on affidavits  
   8.15.   Requirements for affidavits  
   8.16.   Making an affidavit  
   8.17.   Affidavit of illiterate or vision impaired person etc.  
   8.18.   Objectionable material may be struck out  
   8.19.   Use of affidavit without cross - examination of maker  
   8.20.   Notice to attend for cross - examination  
   8.21.   Deponent's attendance and expenses  
            

CHAPTER 9--Transferring proceedings
            

   PART 9.1----CHANGE OF VENUE

   9.01.   Change of venue  

   PART 9.2----TRANSFER FROM FEDERAL CIRCUIT AND FAMILY COURT (DIVISION 1) TO FEDERAL CIRCUIT AND FAMILY COURT (DIVISION 2)

   9.02.   Transfer to Federal Circuit and Family Court (Division 2)  
   9.03.   Proceeding transferred to Federal Circuit and Family Court (Division 2)--transfer of documents  

   PART 9.3----OTHER TRANSFERS BETWEEN COURTS EXERCISING FAMILY LAW JURISDICTION

   9.04.   Application of Part 9.3  
   9.05.   Transfer of proceeding between courts exercising family law jurisdiction  
   9.06.   Proceeding transferred between courts exercising family law jurisdiction--transfer of file  

   PART 9.4----REMOVAL OF PROCEEDINGS FROM COURT OF SUMMARY JURISDICTION

   9.07.   Removal of proceedings from court of summary jurisdiction  
   9.08.   Proceeding removed from court of summary jurisdiction--transfer of file  

   PART 9.5----TRANSFERS TO OR FROM A STATE COURT: CROSS-VESTING

   9.09.   Application of Part 9.5  
   9.10.   Cross - vesting matters  
   9.11.   Transfer of proceeding  
            

CHAPTER 10--Finalising a proceeding
            

   PART 10.1----DISCONTINUING A PROCEEDING

   10.01.  Application of Part 10.1  
   10.02.  Discontinuance  
   10.03.  Costs  

   PART 10.2----CONSENT ORDERS

   10.04.  Application for order by consent  
   10.05.  Consent parenting orders and allegations of child abuse, family violence or other risks of harm to children  
   10.06.  Notice to superannuation trustee  
   10.07.  Dealing with an application for a consent order  
   10.08.  Lapsing of respondent's consent  

   PART 10.3----SUMMARY ORDERS AND SEPARATE DECISIONS

   10.09.  Application for summary orders  
   10.10.  Application for separate decision  
   10.11.  Orders that may be made under this Part  

   PART 10.4----JUDGMENT

   10.12.  Court may make any judgment or order  
   10.13.  Varying or setting aside orders  
   10.14.  Varying or setting aside reasons for judgment  
   10.15.  Order for payment of money  
   10.16.  Fines  
   10.17.  Rate of interest  
   10.18.  Undertakings  
   10.19.  When an order is made  
   10.20.  When must an order be entered  
   10.21.  Entry of orders  

   PART 10.5----SUMMARY DISPOSAL

   10.22.  Dismissal for want of prosecution  
   10.23.  Certificate of vexatious proceedings order  
   10.24.  Application for leave to institute proceedings--vexatious proceedings orders and harmful proceedings orders  

   PART 10.6----DEFAULT

   10.25.  Application of Part 10.6  
   10.26.  When a party is in default  
   10.27.  Orders on default  
            

CHAPTER 11--Enforcement of court orders and judgments
            

   PART 11.1----ENFORCEMENT OF FINANCIAL ORDERS AND OBLIGATIONS

           Division 11.1.1--General

   11.01.  Enforceable obligations  
   11.02.  When an agreement may be enforced  
   11.03.  When a child support liability may be enforced  
   11.04.  Who may enforce an obligation  
   11.05.  Enforcing an obligation to pay money  
   11.06.  Affidavit to be filed for enforcement order  
   11.07.  General enforcement powers of court  
   11.08.  Enforcement order  
   11.09.  Discharging, suspending or varying enforcement order  

           Division 11.1.2--Information for aiding enforcement

   11.10.  Processes for obtaining financial information  
   11.11.  Enforcement hearing  
   11.12.  Obligations of payer  
   11.13.  Subpoena of witness  
   11.14.  Failure concerning Financial Statement or enforcement hearing  

           Division 11.1.3--Enforcement warrants

   11.15.  Request for Enforcement Warrant  
   11.16.  Payee's responsibilities if Enforcement Warrant is issued  
   11.17.  Period during which Enforcement Warrant is in force  
   11.18.  Enforcement officer's responsibilities  
   11.19.  Directions for enforcement  
   11.20.  Effect of Enforcement Warrant  
   11.21.  Notice of sale  
   11.22.  Sale of property at reasonable price  
   11.23.  Conditions of sale of property  
   11.24.  Result of sale of property under Enforcement Warrant  
   11.25.  Payee's responsibilities  
   11.26.  Orders for real property  
   11.27.  Notice of claim by person affected by an Enforcement Warrant  
   11.28.  Payee to admit or dispute claim  
   11.29.  Admitting claim  
   11.30.  Denial or no response to claim  
   11.31.  Hearing of application  

           Division 11.1.4--Third Party Debt Notice

   11.32.  Application of Division 11.1.4  
   11.33.  Money deposited in a financial institution  
   11.34.  Request for Third Party Debt Notice  
   11.35.  Service of Third Party Debt Notice  
   11.36.  Effect of Third Party Debt Notice--general  
   11.37.  Employer's obligations  
   11.38.  Duration of Third Party Debt Notice  
   11.39.  Response to Third Party Debt Notice  
   11.40.  Discharge of Third Party Debt Notice  
   11.41.  Claim by affected person  
   11.42.  Cessation of employment  
   11.43.  Compliance with Third Party Debt Notice  

           Division 11.1.5--Sequestration of property

   11.44.  Application for sequestration of property  
   11.45.  Order for sequestration  
   11.46.  Order relating to sequestration  
   11.47.  Procedural orders for sequestration  

           Division 11.1.6--Receivership

   11.48.  Application for appointment of receiver  
   11.49.  Appointment and powers of receiver  
   11.50.  Security  
   11.51.  Accounts  
   11.52.  Objection to accounts  
   11.53.  Removal of receiver  
   11.54.  Compliance with orders and Rules  

           Division 11.1.7--Enforcement of obligations other than an obligation to pay money

   11.55.  Application for other enforcement orders  
   11.56.  Warrant for possession of real property  
   11.57.  Warrant for delivery  
   11.58.  Warrant for seizure and detention of property  

           Division 11.1.8--Other provisions about enforcement

   11.59.  Service of order  
   11.60.  Certificate for payments under maintenance order  
   11.61.  Enforcement by or against a non - party  
   11.62.  Powers of enforcement officer  

   PART 11.2----OF ORDERS AND CONTEMPT

           Division 11.2.1--Applications on contravention of orders

   11.63.  Application of Division 11.2.1  
   11.64.  How to apply for an order  
   11.65.  Application made or continued by Marshal  
   11.66.  Fixing of hearing date  
   11.67.  Response to an application  
   11.68.  Failure of respondent to attend  
   11.69.  Procedure at hearing  

           Division 11.2.2--Contempt

   11.70.  Contempt in the face or hearing of court  
   11.71.  Contempt applications  

           Division 11.2.3--Parenting orders: compliance

   11.72.  Duties of program provider  
   11.73.  Relisting for hearing  

           Division 11.2.4--Location and recovery orders

   11.74.  Application of Division 11.2.4  
   11.75.  Application for order under Division 11.2.4  
   11.76.  Fixing of hearing date  
   11.77.  Service of recovery order  
   11.78.  Application for directions for execution of recovery order  

           Division 11.2.5--Warrants for arrest

   11.79.  Application for warrant  
   11.80.  Execution of warrant  
   11.81.  Duration of warrant  
   11.82.  Procedure after arrest  
   11.83.  Application for release or setting aside warrant  
            

CHAPTER 12--Costs
            

   PART 12.1----INTRODUCTION

   12.01.  Application of Chapter 12  

   PART 12.2----SECURITY FOR COSTS

   12.02.  Application for security for costs  
   12.03.  Order for security for costs  
   12.04.  Finalising security  

   PART 12.3----COSTS DISCLOSURE OBLIGATIONS

   12.05.  Duty to inform about costs  
   12.06.  Costs notices  
   12.07.  Costs notices and case management  

   PART 12.4----MANAGEMENT OF LEGAL COSTS

           Division 12.4.1--Costs principles

   12.08.  Legal costs to be fair, reasonable and proportionate  

           Division 12.4.2--Maximum costs orders

   12.09.  Application of Division 12.4.2  
   12.10.  Maximum costs orders--general  
   12.11.  Application for a maximum costs order  
   12.12.  Application to vary a maximum costs order  

   PART 12.5----ORDERS FOR COSTS

   12.13.  Order for costs  
   12.14.  Costs order for proceedings in other courts  
   12.15.  Costs order against lawyer  
   12.16.  Notice of costs order  

   PART 12.6----CALCULATION OF COSTS

   12.17.  Method of calculation of costs  
   12.18.  Maximum amount of party and party costs recoverable  
   12.19.  Interest on outstanding costs  

   PART 12.7----SPECIFIC COSTS MATTERS

   12.20.  Costs in court of summary jurisdiction  
   12.21.  Charge for each page  
   12.22.  Proportion of costs  
   12.23.  Costs for reading  
   12.24.  Postage within Australia  
   12.25.  Waiting and travelling time  
   12.26.  Agent's fees  
   12.27.  Costs of proceedings not started together  
   12.28.  Certificate as to counsel  
   12.29.  Lawyer as counsel--party and party costs  
   12.30.  Lawyer as counsel--assessment of fees  
   12.31.  Expenses for attendance by witness  
   12.32.  Expenses for preparation of report by expert  

   PART 12.8----CLAIMING AND DISPUTING COSTS

           Division 12.8.1--Itemised costs account

   12.33.  Request for itemised costs account  
   12.34.  Service of lawyer's itemised costs account  
   12.35.  Lawyer's itemised costs account  
   12.36.  Disputing itemised costs account  
   12.37.  Assessment of disputed costs  
   12.38.  Amendment of itemised costs account or Notice Disputing Itemised Costs Account  

           Division 12.8.2--Assessment process

   12.39.  Fixing first court date  
   12.40.  Notification of hearing  
   12.41.  Settlement conference  
   12.42.  Preliminary assessment  
   12.43.  Objection to preliminary assessment amount  
   12.44.  No objection to preliminary assessment  
   12.45.  Assessment hearing  
   12.46.  Powers of Judicial Registrars  
   12.47.  Assessment principles  
   12.48.  Allowance for matters not specified  
   12.49.  Neglect or delay before Judicial Registrar  
   12.50.  Costs assessment order--costs account not disputed  
   12.51.  Setting aside a costs assessment order  

   PART 12.9----REVIEW OF ASSESSMENT

   12.52.  Application for review  
   12.53.  Time for filing an application for review  
   12.54.  Hearing of application  
            

CHAPTER 13--Appeals
            

   PART 13.1----INTRODUCTION

   13.01.  Application of Chapter 13  

   PART 13.2----STARTING AN APPEAL

   13.02.  Starting an appeal  
   13.03.  Time for appeal  
   13.04.  Parties to an appeal  
   13.05.  Service  
   13.06.  Notice about appeal to other courts  
   13.07.  Cross - appeal  
   13.08.  Notice of Contention  
   13.09.  Submitting notice  
   13.10.  Amendment of Notice of Appeal  
   13.12.  Stay  
   13.13.  Procedural orders in relation to an application for leave to appeal  
   13.14.  Filing draft index to appeal book  

   PART 13.3----APPEALS TO FULL COURT

   13.15.  Application of Part 13.3  
   13.16.  Procedural hearing  
   13.17.  Attendance at first procedural hearing  
   13.18.  Orders to be made at procedural hearing  
   13.19.  Preparation of appeal book and obtaining transcript  
   13.20.  Contents of appeal book  
   13.21.  Form of appeal book  
   13.22.  Failure to file appeal book or transcript by due date  
   13.23.  Summary of argument and list of authorities  

   PART 13.4----APPEALS FROM FEDERAL CIRCUIT AND FAMILY COURT (DIVISION 2) OR FAMILY LAW MAGISTRATE OF WESTERN AUSTRALIA HEARD BY SINGLE JUDGE

   13.24.  Application of Part 13.4  
   13.25.  Procedural hearing  
   13.26.  Attendance at procedural hearing  
   13.27.  Procedural orders for conduct of appeal  
   13.28.  Documents for appeal hearing if appeal book not required  

   PART 13.5----APPEAL FROM COURT OF SUMMARY JURISDICTION OTHER THAN A FAMILY LAW MAGISTRATE OF WESTERN AUSTRALIA

   13.29.  Application of Part 13.5  
   13.30.  Fixing of hearing date  

   PART 13.6----POWERS OF APPEAL COURTS AND CONDUCT OF APPEAL

   13.31.  Non - attendance by party  
   13.32.  Attendance by electronic communication  
   13.33.  Attendance by party in prison  
   13.34.  Subpoenas  

   PART 13.7----APPLICATIONS IN RELATION TO APPEALS

           Division 13.7.1--How to make an application

   13.35.  Application of Part 13.7  
   13.36.  Application in relation to appeal  
   13.37.  Hearing date for application  
   13.38.  Decision in the absence of parties without oral hearing  

           Division 13.7.2--Specific applications relating to appeals

   13.39.  Further evidence on appeal  
   13.40.  Review of Appeal Judicial Registrar's order  

   PART 13.8----CONCLUDING AN APPEAL, AN APPLICATION FOR LEAVE TO APPEAL OR ANY OTHER APPLICATION IN RELATION TO AN APPEAL

   13.41.  Consent orders on appeal  
   13.42.  Discontinuance of appeal or application  
   13.43.  Abandoning an appeal  
   13.44.  Application for reinstatement of appeal  
   13.45.  Dismissal of appeal and applications for non - compliance or delay  

   PART 13.9----CASE STATED

   13.46.  Application of Part 13.9  
   13.47.  Case stated  
   13.48.  Objection to draft case stated  
   13.49.  Settlement and signing  
   13.50.  Filing of case stated  
   13.51.  Fixing of hearing date  
   13.52.  Summary of argument and list of authorities  

   PART 13.10----COSTS ORDERS

   13.53.  Filing of costs schedule in certain appeals  
   13.54.  Order for costs  
            

CHAPTER 14--Registrars and delegated powers
            

   PART 14.1----INTRODUCTION

   14.01.  Definitions for Chapter 14  

   PART 14.2----DELEGATION OF POWERS TO SENIOR JUDICIAL REGISTRARS AND JUDICIAL REGISTRARS

   14.02.  Application of Part 14.2  
   14.03.  Delegation of powers to Senior Judicial Registrars and Judicial Registrars  

   PART 14.3----REVIEW OF EXERCISE OF POWER BY SENIOR JUDICIAL REGISTRAR OR JUDICIAL REGISTRAR

   14.04.  Application of Part 14.3  
   14.05.  Application for review of order or decision  
   14.06.  Stay  
   14.07.  Procedure for review  
            

CHAPTER 15--General
            

   PART 15.1----SEAL

   15.01.  Use of seal of court  
   15.02.  Stamp of court  
   15.03.  Methods of attaching the seal or stamp  

   PART 15.2----TIME

   15.04.  Meaning of month  
   15.05.  Calculating time  
   15.06.  Shortening or extension of time  
   15.07.  Time for compliance with orders  

   PART 15.3----REGISTRATION OF DOCUMENTS

   15.08.  Registration of agreements  
   15.09.  Registration of State child orders under section 70C or 70D of the Family Law Act  
   15.10.  Registration of de facto maintenance orders under section 90SI of the Family Law Act  
   15.11.  Registration of debt due to the Commonwealth under child support legislation  

   PART 15.4----CUSTODY OF DOCUMENTS

   15.12.  Removal of document from registry  
   15.13.  Searching court record and copying documents  
   15.14.  Exhibits  

   PART 15.5----ATTENDANCE

   15.15.  Party's attendance  
   15.16.  Attendance by electronic communication  
   15.17.  Foreign evidence by electronic communication  
   15.18.  Attendance by party or witness in prison  
   15.19.  Failure to attend a court event  

   PART 15.6----ADDITIONAL MATTERS

   15.20.  Notes, examples etc.  
   15.21.  Forms  
   15.22.  Sittings  
   15.23.  Prohibition on recording  
   15.24.  Publishing lists of proceedings  
   15.25.  Venue for proceedings  
           SCHEDULE 1 Pre-action procedures
           SCHEDULE 2 Conduct money and witness fees
           SCHEDULE 3 Scale of costs in family law and child support matters
           SCHEDULE 4 Delegated powers


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback