Commonwealth Numbered Regulations

FAMILY LAW AMENDMENT RULES 1999 (No. 1) 1999 No. 61 - SCHEDULE

Schedule 1 Amendments
(rule 3) (1) Order 1, rule 1
substitute 1 Name of rules
These rules are the Family Law Rules 1984. (2) Order 36, rule 4
omit (3) Order 36A, subrule 2 (1)
substitute

(1) This rule applies only to a Registrar who is enrolled as a legal
practitioner of the High Court or of the Supreme Court of a State or
Territory.

(1A) The following powers of the Court are delegated to each Registrar:

   (a)  the power to dispense with the service of any process;

   (b)  the power to make orders in relation to service and substituted
        service;

   (c)  the power to make orders in relation to discovery, inspection and
        production of documents in the possession, power or custody of a party
        to proceedings or of any other person;

   (d)  the power to set aside, in whole or in part, a subpoena;

   (e)  the power to direct a party to proceedings to answer particular
        questions;

   (f)  the power to direct a party to proceedings to attend a conference
        conducted by a family and child counsellor or a welfare officer;

   (g)  the power to make an order (including an order for garnishment,
        seizure of property or sequestration) for the enforcement of a
        maintenance order;

   (h)  the power to make an order for subsection 44 (1C) of the Act;

        (i)    the power to make an order under section 68L of the Act;

   (j)  the power, under subsection 79 (9) of the Act, to dispense with the
        appointment of a conference;

   (k)  the power, under section 84 of the Act, to make an order in relation
        to enforcement proceedings instituted under Order 33;

   (l)  the power, under section 92 of the Act, to grant leave to intervene in
        proceedings;

   (m)  the power to make an order the terms of which have been agreed upon by
        all the parties to proceedings;

   (n)  the power to make an order adjourning the hearing of proceedings;

   (o)  the power to grant an injunction under subsection 114 (1) of the Act
        in relation to enforcement proceedings instituted under Order 33;

   (p)  the power to make an order transferring proceedings;

   (q)  the power to make an order in relation to the removal of proceedings;

   (r)  the power to make an order exempting a party to proceedings from
        compliance with a provision of the regulations or these rules;

   (s)  the power, under subsection 105 (2) of the Child Support 
        (Registration and Collection) Act 1988 , to give directions, and make
        orders, for the resolution of any difficulty arising in relation to
        the application of subsection 105 (1) of that Act or in relation to a
        particular proceeding.

(1AB) In addition to the powers mentioned in subrule (1A), the following
powers of the Court are delegated to each Registrar:

   (a)  the power to make a decree of dissolution of marriage in undefended
        proceedings;

   (b)  the power, under subsection 55 (2), or section 55A, of the Act, to
        make an order, or a declaration, in relation to a decree of
        dissolution of marriage;

   (c)  the power to make, in undefended proceedings, a parenting order,
        including an order to which section 65G or 66F of the Act applies;

   (d)  the power to make an order in relation to maintenance;

   (e)  the power to make an order under subsection 67D (1) of the Act;

   (f)  the power to make an order under sections 67E and 67G of the Act;

   (g)  the power, under section 87 of the Act, to make an order approving a
        maintenance agreement;

   (h)  the power, under section 117 of the Act, to make an order as to costs;

        (i)    the power, under section 139 of the Child Support (Assessment) 
               Act 1989 , to make an order for the payment of urgent
               maintenance.

(1AC) In addition to the powers mentioned in subrules (1A) and (1AB), the
following powers of the Court are delegated to each Registrar:

   (a)  the power to make a location order under subsection 67M (2) of the
        Act;

   (b)  the power to make a Commonwealth information order under subsection
        67N (2) of the Act;

   (c)  the power, under subsection 68M (2) of the Act, to order a person to
        make a child available for a psychiatric or psychological examination;

   (d)  the power, under section 69V, subsection 69W (1), section 69X, or
        subsection 69ZC (2), of the Act, to make an order in relation to the
        parentage of a child;

   (e)  the power, under section 102A of the Act, to grant leave for a child
        to be examined;

   (f)  the power, under subsection 63H (1) of the Act, to set aside
        registered parenting plans until further order;

   (g)  the power, under section 65D of the Act, to make a parenting order
        until further order;

   (h)  the power, under section 67ZD of the Act, to make an order to deliver
        up a passport to a Registrar until further order;

   (j)  the power:

        (i)    under subsection 68B (1) of the Act, to make an order, or grant
               an injunction, until further order; and

        (ii)   under subsection 68B (2) of the Act, to grant an injunction
               until further order.

(1AD) The powers mentioned in subrule (1AC) may be exercised by a Registrar
only:

   (a)  if the Registrar is approved, or is in a class of Registrars approved,
        by a majority of Judges for the exercise of those powers; and

   (b)  in accordance with an arrangement under subsection 37B (2) of the Act.
        (4) Order 36A, paragraph 2 (2) (u)
omit
(except rule 2AAA) (5) Order 36A, paragraphs 3 (ea) and (eb)
omit (6) Order 36A, subparagraphs 3 (g) (i) and (ii)
omit (7) Order 36A, paragraphs 3 (h), (ha), (i) and (j)
omit (8) Order 36A, paragraph 3 (ma)
omit (9) Order 36A, paragraph 3 (raa)
omit (10) Order 36A, after paragraph 3 (rc)
insert

   (rca) the power:

        (i)    to make an order, or grant an injunction, under subsection 114
               (1) of the Act; or

        (ii)   to grant an injunction under subsection 114 (3) of the Act;
               (11) Order 36A, paragraph 3 (wa)
omit (12) Order 36A, rule 5
substitute 5 Prescribed times for review

(1) For subsection 26C (1) of the Act, the time prescribed for an application
to the Court to review the exercise of a power by a Judicial Registrar is:

   (a)  for a power delegated to each Registrar under these rules (other than
        subrule 2 (1AB) or (1AC) of this Order) - 7 days after the day on
        which the Judicial Registrar exercises the power; or

   (b)  for a power delegated to each Registrar under subrule 2 (1AB) or (1AC)
        of this Order - 1 month after the day on which the Judicial Registrar
        exercises the power; or

   (c)  for a power mentioned in rule 3 of this Order (other than a power
        mentioned in paragraph 3 (a) of this Order) - 1 month after the day on
        which the Judicial Registrar exercises the power.

(2) For subsection 37A (9) of the Act, the time prescribed for an application
to the Court to review the exercise by a Registrar of a power is:

   (a)  for a power mentioned in subrule 2 (1A) or (2) of this Order - 7 days
        after the day on which the Registrar exercises the power; or

   (b)  for a power mentioned in subrule 2 (1AB) or (1AC) of this Order - 1
        month after the day on which the Registrar exercises the power. (13)
        Order 36A, after subrule 7 (1)
insert

(1A) An application must be listed before a Judge for a hearing as soon as
possible and, if practicable, within 60 days after the date of filing.