Commonwealth Numbered Regulations

FAMILY LAW AMENDMENT RULES 2011 (NO. 2) (SLI NO 286 OF 2011) - SCHEDULE 1

(rule 3)

[1]           Rule 1.19

substitute

1.19         Prohibition on recording court event

         (1)   A person must not photograph, or record by electronic or mechanical means:

                (a)    a court event; or

               (b)    a person who is at premises for the purpose of attending a court event.

Note    Section 121 of the Act restricts publication of information relating to cases.

         (2)   Subrule (1) does not apply to a recording made at the request of the court.

         (3)   A person commits an offence if the person contravenes subrule (1).

Penalty:   50 penalty units.

[2]           Rule 4.02

omit

this Chapter or rule 2.02.

insert

these Rules.

[3]           Rule 4.20

omit

60

insert

56

[4]           After 5.18

insert

Part 5.6               Application for certain orders

5.19         Application to suppress publication of judgment

                An applicant for an order to suppress publication of a judgment must file an affidavit that sets out evidence relating to the following:

                (a)    the public interest in suppressing or not suppressing publication;

               (b)    why further anonymisation of the judgment would not be sufficient;

                (c)    whether publication of the entire judgment should be suppressed or only part of the judgment;

               (d)    whether publication should be suppressed in one medium or in all media;

                (e)    whether a summary of the judgment should be made publicly available if publication of the judgment is suppressed.

Note    The Court anonymises all judgments in accordance with the requirements of section 121 of the Act.

[5]           Rule 6.01, note

omit

Note

insert

Note 1

[6]           Rule 6.01, at the foot

insert

Note 2    Pre-action procedures must be complied with by all prospective parties under rule 1.05.

[7]           Subrule 6.02 (3), note

omit

Note

insert

Note 1

[8]           Subrule 6.02 (3), at the foot

insert

Note 2    Pre-action procedures must be complied with by all prospective parties under rule 1.05.

[9]           Subrule 6.03 (1)

omit

[10]         Subrule 6.03 (3)

omit

(1) or

[11]         Paragraph 6.03 (3) (a)

omit

application,

insert

addition of the new party,

[12]         Subrule 6.03 (3), at the foot

insert

Note 3    Pre-action procedures must be complied with by all prospective parties under rule 1.05.

[13]         Rule 10.16A

omit

[14]         Paragraph 10.18 (a)

omit

affidavit

insert

statement of truth

[15]         Rule 15.43

substitute

15.43       Definition

                In this Part:

"expert's report" means a report by an expert witness, including a notice under subrule 15.59 (5).

Note    expert , expert witness and single expert witness are defined in the Dictionary.

[16]         Table 18.2, item 3

after

excluded

insert

child

[17]         Table 18.5, item 37

omit

(except rule 24.13)

[18]         Rule 18.08, heading

substitute

18.08       Review of order or decision

[19]         Rule 18.08

omit

A party may apply

insert

         (1)   A party may apply

[20]         Rule 18.08, first note

omit

[21]         Rule 18.08, note to table 18.6

substitute

         (2)   A party may apply for a review of any other order or decision made under these Rules by a Registrar or Deputy Registrar by filing an Application in a Case and a copy of the order or decision appealed from in the filing registry within 28 days after the order or decision is made.

Note 1    Chapter 5 sets out the procedure for filing an Application in a Case. The application for review will be listed for hearing by a Judge within 28 days after the date of filing of the application.

Note 2    A person may apply for an extension of the time in which an application must be made (see rule 1.14).

[22]         Paragraph 20.02 (b)

substitute

               (b)    for a financial agreement under Part VIIIA of the Act -- under paragraph 90KA (c) of the Act; or

                (c)    for a financial agreement under Part VIIIAB of the Act -- under paragraph 90UN (c) of the Act.

[23]         Rule 20.15

omit

by an enforcement officer

[24]         Amendment of Schedule 3, tables

[25]         Dictionary, definition of court event , paragraphs (c) and (d)

substitute

                (c)    a conference;

               (d)    an attendance with a family consultant performing the functions of a family consultant; and

                (e)    an attendance with a single expert witness performing the functions of a single expert witness.

[26]         Dictionary, after definition of enforcement order

insert

"excluded child order" has the meaning given by subsection 37A (2A) of the Act.

[27]         Dictionary, after definition of expense

insert

"expert" means an independent person who has relevant specialised knowledge, based on the person's training, study or experience.

"expert witness" means an expert who has been instructed to give or prepare independent evidence for the purpose of a case.

[28]         Dictionary, after definition of sign

insert

"single expert witness" means an expert witness who is appointed by agreement between the parties or by the court to give evidence or prepare a report on an issue.