Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 3

Definitions

Note:   A number of expressions used in these Regulations are defined in the Act, including the following:

(a)   applicable Rules of Court;

(b)   Chief Executive Officer;

(c)   Federal Circuit and Family Court of Australia;

(d)   standard Rules of Court.

    In these Regulations:

"Act" means the Family Law Act 1975 .

"application" means an application to a court for the purpose of instituting proceedings under the Act or an application to a relevant Registrar made under these Regulations.

"certified copy" means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary.

"Child Support Registrar" means the Child Support Registrar mentioned in section   10 of the Child Support (Registration and Collection) Act 1988 .

"filed" has the same meaning as in the applicable Rules of Court.

"Hague Service Convention" means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial atters , done at The Hague on 15   November 1965.

"intervener" means, in relation to proceedings, the Attorney - General or any other person when intervening or applying to intervene under Part   IX of the Act, or a child independently represented under subsection   68L(2) of the Act.

"legal practitioner" means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.

"party to proceedings" means an applicant, respondent or intervener in proceedings under the Act.

"relevant Registrar" of a court means:

  (a)   in relation to the Federal Circuit and Family Court of Australia (Division   1)--the following:

  (i)   the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );

  (ii)   a Senior Registrar or Registrar of that court; or

  (b)   in relation to the Federal Circuit and Family Court of Australia (Division   2)--the following:

  (i)   the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );

  (ii)   a Senior Registrar or Registrar of that court; or

  (c)   in relation to any other court--the principal officer of the court or any other appropriate officer or staff member of the court.

"respondent" means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener.

"sealed" means sealed with the seal of the court or otherwise endorsed by an officer of the court.

"Secretary" means:

  (a)   the Secretary of the Attorney - General's Department; or

  (b)   a person authorised by the Secretary to perform a function in relation to which the expression is used.

"Shared Parental Responsibility Act" means the Family Law Amendment (Shared Parental Responsibility) Act 2006 .

"the former Regulations" means Statutory Rules   1975 No.   210 as amended by the other Statutory Rules repealed by regulation   78.

 


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