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

Commonwealth Consolidated Regulations

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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

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