Commonwealth Numbered Regulations

FAMILY LAW AMENDMENT RULES 2004 (NO. 1) 2004 NO. 5 - SCHEDULE 1

(rule 3)

[1] Order 25, rule 1

omit

the Principal Director of Court Counselling of the Family Court of Australia,

insert

the Registry Manager of the court,

[2] Order 25, rule 1

omit

the Director

insert

the Registry Manager

[3] Order 25, rule 4A

omit

Director of Court Counselling

insert

Manager Mediation

[4] Order 25A, rule 1, definition of Principal Director of Mediation

substitute

"Principal Mediator "includes the appropriate officer of a State Family Court.

[5] Order 25A, paragraph 10 (1) (b)

omit

Principal Director of Mediation.

insert

Principal Mediator.

[6] Order 26A, Divisions 1 and 2

substitute

Division 1 General
1 Application of Order
This Order applies to:

(a)

an application under section 63E of the Act for registration of a revocation agreement; and

(b) an application:

(i)

under subsection 63H (1) of the Act to set aside a registered parenting plan; or

(ii)

to discharge, vary, suspend or revive provisions of a registered parenting plan as permitted by a provision mentioned in subsection 63H (3) of the Act.

2 Definitions
In this Order:

"registered parenting plan "has the meaning given by subsection 63C (6) of the Act.

"revocation agreement", in relation to a registered parenting plan, means an agreement revoking the registered parenting plan.

Division 2 Registration of revocation agreements
3 Application of Division

This Division applies to an application under section 63E of the Act for registration of a revocation agreement.

4 Requirements for revocation agreement
A revocation agreement in respect of which an application for registration is made:
(a) must be:

(i)

mechanically or electronically printed; or

(ii)

legibly hand-printed on ruled paper; and

(b)

must be signed by each party to the registered parenting plan to which the revocation agreement relates; and

(c)

must be contained in a single document.

5 Application for registration of revocation agreement

(1)

A party to a revocation agreement may apply to register the agreement by filing an affidavit setting out the facts on which the application is based.

Note
Paragraph 63E (2) (b) of the Act provides that the following documents must accompany an application for registration of a revocation agreement:
(a) a copy of the revocation agreement (see subparagraph 63E (2) (b) (i));
(b) a statement, in relation to each party, to the effect that the party has been provided with independent legal advice as to the meaning and effect of the revocation agreement, signed by the practitioner who provided the advice (see subparagraph 63E (2) (b) (iii)).
(2) The affidavit must include the following information:

(a)

the name, age and place of residence of each child to whom the agreement relates;

(b)

the current and proposed arrangements for the child;

(c)

the reasons for revoking the registered parenting plan;

(d)

details of any current order made under the Act relating to the welfare of the child;

(e)

details of any current family violence order relating to the care, welfare and development of the child;

(f)

details of any current State child order relating to the care, welfare and development of the child;

(g)

if the person with whom the child is to reside, or have contact, has been convicted of an offence under a law relating to child welfare, or a criminal offence relevant to the care, welfare and development of the child — details of the conviction;

(h)

details of any proceedings pending in relation to any of the above matters;

(i)

a statement that the revocation agreement accompanying the application for registration is a true copy of the original agreement.

(3)

When the affidavit mentioned in subrule (1) and any accompanying documents are filed, the applicant must produce to the Registry sufficient copies of the documents to enable a sealed copy to be served on each party to the revocation agreement.

6 Court may require service or additional information
Before making a decision about whether to register a revocation agreement, the court may:

(a)

order that a copy of the affidavit filed under subrule 5 (1) be served, in accordance with Order 18, on a specified person; or

(b)

require a party to file additional information in relation to the application for registration.

7 Application may be heard in chambers

An application for registration of a revocation agreement may be dealt with in chambers, in the absence of the parties and their lawyers (if any).

Note
Subsection 63E (3) of the Act provides that the court may register a revocation agreement if it considers it appropriate to do so, having regard to the best interests of the child to whom the agreement relates.

8 Notice of decision in relation to registration
As soon as practicable after a decision is made on an application to register a revocation agreement, the Registry Manager of the filing registry must give to each party to the revocation agreement:
(a) if the decision is to register the agreement — a copy of the agreement endorsed with a certificate, signed by a Registrar, specifying:

(i)

the court in which the revocation agreement was registered; and

(ii)

the date when the revocation agreement was registered; and

(b)

if the decision is to not register the agreement — written notice of the decision.

[7] Order 30, subrule 2AAA (2)

after

seek leave to

insert

appear,

[8] Order 30, paragraph 2AAA (5) (c)

after

the person to

insert

appear,

[9] Order 32, rule 17B

omit

[10] Order 34, rule 5

omit

[11] Order 35, rule 15

omit

[12] Order 35, rule 17

omit

paragraph 16 (2) (a).

insert

subrule 16 (2).

[13] Order 36A, after paragraph 2 (1A) (ha)

insert

(hb)

the power to make an order under subsection 65LA (1) of the Act;

[14] Schedule 1, Forms 26A and 26B

omit

[15] Schedule 1, Forms 31 and 32

omit

the Principal Director of Court Counselling of the Family Court of Australia,

insert

the Registry Manager of the court at ( name of Registry ),

[16] Further amendments — Order 23A