Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsThe court may exercise any of the powers referred to in Table 1.1 to manage a proceeding to achieve the overarching purpose of these Rules (see rule 1.04).
Table 1.1--Court's powers | ||
Item | Subject | Power |
1 | (i) a procedural hearing; or (ii) a conciliation conference or other court event; or (iii) a family consultant; or (iv) family counselling or family dispute resolution; or (v) another dispute resolution process as permitted by the Family Law Act (see rule 4.05); (b) require a party, a party's lawyer or an independent children's lawyer to attend court | |
2 | Case development | (a) consolidate proceedings; (b) order that part of a proceeding be dealt with separately; (c) decide the sequence in which issues are to be tried; (d) specify the facts that are in dispute, state the issues and make procedural orders about how and when the proceeding will be heard or tried; (e) finalise the balance sheet setting out all assets, liabilities and financial resources that either party asserts are relevant to the determination of the proceeding; (f) with the consent of the parties, order that a proceeding or part of a proceeding be submitted to arbitration; (g) order a party to provide particulars, or further and better particulars, of the orders sought by that party and the basis on which the orders are sought; (h) order a party to produce any relevant document in a financial proceeding to the court or to any other party for the purpose of developing and finalising the balance sheet |
3 | Conduct of proceeding | (a) hold a court event and receive submissions and evidence by electronic communication; (b) postpone, bring forward or cancel a court event; (c) adjourn a court event; (d) stay a proceeding or part of a proceeding; (e) make orders in the absence of a party; (f) deal with an application without an oral hearing if the parties have consented to the application being decided without an oral hearing (see rule 5.13); (g) deal with an application with written or oral evidence or, if the issue is a question of law, without evidence; (h) allow an application to be made orally; (i) determine an application without requiring notice to be given; (j) order that a proceeding lose listing priority; (k) make a self - executing order; (l) make an order granting permission for a party to perform an action if a provision of these Rules requires a party to obtain that permission; (m) for a fee that is required by law to be paid--order that the fee must be paid by a specified date |
Note: The powers referred to in Table 1.1 are in addition to any powers given to the court under a legislative provision or that it may otherwise have.