Commonwealth Numbered Regulations

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FAMILY LAW RULES 1984


TABLE OF PROVISIONS

   ORDER 1 PRELIMINARY  

   1.1.    Citation  
   1.2.    Date of operation and application of Rules  
   1.3.    Saving provisions  
   1.4.    Interpretation  

   ORDER 2 DOCUMENTS AND FORMS  

   2.1.    Definition of "document"  
   2.2.    Requirements with respect to documents  
   2.3.    Forms printed by Government Printer  
   2.4.    Filing of documents  
   2.5.    Forms and compliance therewith  
   2.6.    Removal of documents from Court file  

   ORDER 3 TIME  

   3.1.    Computation of time  
   3.2.    Meaning of "month"  
   3.3.    Extension or abridgement of time  

   ORDER 4 GENERAL  

   4.1.    Dispensing with compliance  
   4.2.    Court to give directions in cases of doubt or difficulty  
   4.3.    Stay of proceedings  
   4.4.    Need for prompt and inexpensive resolution of matters  
   4.5.    Reasons for decision published after decree  
   4.6.    Applications may be heard together  
   4.7.    Right of appearance  

   ORDER 5 SEALS, RECORDS AND SEARCHES  

   5.1.    Seals  
   5.2.    Seals of other Courts  
   5.3.    Records, registers and indexes  
   5.4.    Exhibits  
   5.5.    Record of proceedings transferred  
   5.6.    Searches  

   ORDER 6 SITTINGS AND HOLIDAYS  

   6.1.    Sittings and holidays  
   6.2.    Office hours  

   ORDER 7 INSTITUTION OF PROCEEDINGS  

           Division 1-General  

   7.1.    Method of institution  
   7.2.    Fixing of return day  
   7.3.    Title to documents  
   7.4.    Proceedings to be numbered  
   7.5.    Marriage certificate to be filed with application  

           Division 2-Principal Relief  

   7.6.    Application for nullity of marriage  
   7.7.    Application for dissolution of marriage  
   7.8.    Application for declaration under section 113  

           Division 3-Other Relief  

   7.9.    Applications other than for principal relief  

   ORDER 8 PROCEEDINGS FOR DISSOLUTION OF MARRIAGE IN ABSENCE OF PARTIES  

   8.1.    Proceedings instituted by one party  
   8.2.    Joint applications  
   8.3.    Request not to hear application in absence of parties  

   ORDER 9 SUMMARY MAINTENANCE PROCEDURE  

   9.1.    Institution of summary maintenance proceedings  
   9.2.    Certain documents not required  

   ORDER 10 ANSWERS AND CROSS APPLICATIONS  

   10.1.   Time for filing answer  
   10.2.   Form and service of answer  
   10.3.   Answer under protest  
   10.4.   Cross application  
   10.5.   Answer where no other order sought  
   10.6.   Answer out of time  

   ORDER 11 PLEADINGS  

   11.1.   When allegation deemed to be admitted  
   11.2.   Withdrawal and amendment of pleadings  
   11.3.   Pleadings to be endorsed  

   ORDER 12 URGENT EX PARTE APPLICATIONS  

   12.1.   Ex parte applications  
   12.2.   Form of application  
   12.3.   Evidence supporting ex parte application  
   12.4.   Directions for further hearing where no order made  
   12.5.   Directions for further hearing where order made  

   ORDER 13 ORAL APPLICATIONS IN PENDING PROCEEDINGS  

   13.1.   Oral applications during a hearing  
   13.2.   Orders without formal application  
   13.3.   Orders by Registrar without formal application  

   ORDER 14 INTERVENERS AND OTHER PARTIES  

   14.1.   Intervention by the Attorney-General  
   14.2.   Intervention by the Attorney-General under section 58  
   14.3.   Leave to intervene  
   14.4.   Notice to persons interested  
   14.5.   Notice to particular persons in proceedings relating to children  
   14.6.   Proceedings after the death of a person  

   ORDER 15 AFFIDAVITS-GENERAL  

   15.1.   Form of affidavit  
   15.2.   Affidavit by blind person, etc.  
   15.3.   Signing of affidavits  
   15.4.   Documents to be annexed or exhibited  
   15.5.   Cover sheet  
   15.6.   Settling or preparation of affidavits  
   15.7.   Filing and service of affidavits  
   15.8.   Irregularities  
   15.9.   Objectionable material to be struck out  
   15.10.  Notice to attend for cross-examination  
   15.11.  Witnesses' expenses  
   15.12.  Dates, etc., to be in figures  
   15.13.  Persons who may take affidavits  
   15.14.  Two or more deponents  
   15.15.  Affidavits deemed to be filed on or before return day  
   15.16.  Affidavits filed after return day  
   15.17.  Affidavits not to contain any matter previously on affidavit  
   15.18.  Affidavits to be served  

   ORDER 16 AFFIDAVITS IN PARTICULAR APPLICATIONS  

           Division 1-General  

   16.1.   Order 15 to apply  

           Division 2-Applications Concerning Children  

   16.2.   Application of Division  
   16.3.   Contents of affidavit  
   16.4.   Affidavits in answer or in reply  

           Division 3-Property Applications  

   16.5.   Application of Division  
   16.6.   Contents of affidavit  
   16.7.   Affidavits in answer or in reply  

           Division 4-Maintenance Applications  

   16.8.   Application of Division  
   16.9.   Contents of affidavit  
   16.10.  Affidavits in answer and in reply  

           Division 5-Other Applications  

   16.11.  Application of Division  
   16.12.  Contents of affidavit  
   16.13.  Affidavits in answer and in reply  
   16.14.  Applications under section 87  

   ORDER 17 FINANCIAL CIRCUMSTANCES  

   17.1.   Application of Order  
   17.2.   Statement or affidavit of financial circumstances  
   17.3.   Additional matters in affidavit  
   17.4.   Where orders are agreed upon  

   ORDER 18 SERVICE  

           Division 1-General  

   18.1.   Address for service necessary  
   18.2.   Notice of address for service  
   18.3.   Service and supporting documents  
   18.4.   Change of address for service  
   18.5.   Mode of service  
   18.6.   Service not to be effected on certain days  
   18.7.   Personal service  
   18.8.   Service by post  
   18.9.   Interpretation  

           Division 2-Dispensing with Service  

   18.10.  Dispensing with service whether or not on conditions  
   18.11.  Failure to comply with conditions  

           Division 3-Service of Particular Applications  

   18.12.  Service of application for principal relief  
   18.13.  Service of application for other relief  
   18.14.  Service of application under section 85A of the Act  

           Division 4-Proof of Service  

   18.15.  Personal service  
   18.16.  Service by post  
   18.17.  Acknowledgement of service by post  
   18.18.  Power of Court to determine date of service  
   18.19.  Form of affidavit of service  

   ORDER 19 PARTICULARS AND ANSWERS TO SPECIFIC QUESTIONS  

   19.1.   Requests for particulars or answers to questions  
   19.2.   Giving of particulars and answers  
   19.3.   Non-compliance with request for answers to questions  
   19.4.   Service of particulars or answers  
   19.5.   Filing of request and answers  
   19.6.   Failure to comply with request  
   19.7.   One request only without leave  
   19.8.   Answers not required until after discovery  
   19.9.   Service of documents  

   ORDER 20 DISCOVERY AND INSPECTION  

   20.1.   Mutual and informal discovery  
   20.2.   Request for discovery  
   20.3.   Time for, and form of, discovery  
   20.4.   Order for discovery  
   20.5.   Production of documents to the court  
   20.6.   Notice to produce  
   20.7.   Application for production by other persons  
   20.8.   Production by other persons  
   20.9.   Order for particular discovery  
   20.10.  Inspection  
   20.11.  Copies of documents inspected  
   20.12.  Failure to make discovery or give inspection  
   20.13.  Documents not discovered or produced  
   20.14.  Certified copies of documents and entries in books  
   20.15.  When order not to be made  
   20.16.  Where production no longer required  
   20.17.  Costs and expenses of production  
   20.18.  Tender of reasonable expenses  
   20.19.  Return after production  
   20.20.  Interpretation  
   20.21.  Service of documents  

   ORDER 21 PRESERVATION OF PROPERTY  

   21.1.   Orders for preservation  
   21.2.   Entry onto land etc.  

   ORDER 22 ADMISSIONS  

   22.1.   Voluntary admission  
   22.2.   Notice to admit facts or documents  
   22.3.   Admission of documents discovered  

   ORDER 23 DISABILITY  

           Division 1-Children  

   23.1.   Definition of 'Child'  
   23.2.   Children to whom sub-section 10 (1) of the Act applies  
   23.3.   Child taking or defending proceedings  
   23.4.   Applications under section 65  
   23.5.   Interviews and evidence  

           Division 2-Infirm Persons  

   23.6.   Interpretation  
   23.7.   Service on infirm persons  
   23.8.   When service deemed not effective  
   23.9.   Institution or continuance of proceedings by infirm persons  

           Division 3 - Next Friend  

   23.10.  Interpretation  
   23.11.  Attorney-General may appoint next friend of person under disability  
   23.12.  Application for appointment of next friend  
   23.13.  Appointment of next friend  
   23.14.  Removal of next friend  
   23.15.  Conduct of proceedings by next friend  
   23.16.  Notice of becoming next friend  
   23.17.  Intervention by person under disability  
   23.18.  Proceedings against person under disability not to continue until next friend appointed  
   23.19.  Costs and expenses of next friend  

   ORDER 24 CONFERENCES AND ENQUIRIES-COURT OFFICERS  

   24.1.   Conferences between parties  
   24.2.   Documents required at conference  
   24.3.   Enquiries by court officers  

   ORDER 25 COUNSELLING AND FAMILY REPORTS  

           Division 1-Counselling  

   25.1.   Nomination of person to assist reconciliation  
   25.2.   Notice seeking counselling  
   25.3.   Advice as to effect of proceedings  
   25.4.   Form of certificate under sub-section 44 (1B)  

           Division 2-Family Reports  

   25.5.   Reports of court counsellors  

   ORDER 26 REGISTRATION OF AGREEMENTS AND CUSTODY ORDERS  

   26.1.   Registration of agreements under section 86  
   26.2.   Registration of agreements under section 87  
   26.3.   Registration of interstate custody orders  

   ORDER 27 CHANGE OF VENUE  

   27.1.   Change of venue  
   27.2.   Applications under sub-section 40 (6) or 41 (4A)  
   27.3.   Matters to be considered  
   27.4.   Transmission of papers-sub-sections 40 (6) and 41 (4A)  
   27.5.   Transmission of papers-sections 45 and 46 of the Act  
   27.6.   Transmission of Court papers-generally  

   ORDER 28 SUBPOENAS  

   28.1.   Registrar to issue  
   28.2.   Conduct money  
   28.3.   Books, &c., may be produced prior to the date required  
   28.4.   Application of Order 20 to this Order  
   28.5.   Subpoena to any number of persons  
   28.6.   Time for service  
   28.7.   Non-compliance with subpoena  
   28.8.   Non-compliance-warrant may issue  
   28.9.   Witnesses' fees and expenses  
   28.10.  Interpretation  

   ORDER 29 OFFERS OF SETTLEMENT  

   29.1.   Filing of copy of offer or withdrawal of offer  
   29.2.   Further offer may be made  

   ORDER 30 EVIDENCE  

   30.1.   Oaths and affirmations  
   30.2.   Evidence in chief to be on affidavit  
   30.3.   Court may dispense with procedures and formalities  
   30.4.   Transcript receivable in evidence  
   30.5.   Court may call evidence  
   30.6.   Order for examination of witness  
   30.7.   Letters of request  

   ORDER 31 DECREES  

   31.1.   Decree of dissolution of marriage  
   31.2.   Decree of nullity  
   31.3.   Death of party after decree nisi but before decree absolute  
   31.4.   Decree absolute  
   31.5.   Certificate of decree or order  
   31.6.   Errors in record of decrees  
   31.7.   Registration of decrees  
   31.8.   Orders by consent  
   31.9.   Maintenance orders  

   ORDER 32 APPEALS  

   32.1.   Appeals to Full Court of the Family Court of Australia  
   32.2.   Appeal papers and fixing of hearing  
   32.3.   Case stated  
   32.4.   Appeals from Courts of Summary Jurisdiction  
   32.5.   Review of decision of Registrar  

   ORDER 33 ENFORCEMENT  

   33.1.   Interpretation  
   33.2.   Enforcement of maintenance, costs, fines, recognizances, the recovery of money and orders under section 109  
   33.3.   Summary procedures on refusal or failure to comply with certain orders  
   33.4.   Garnishment  
   33.5.   Seizure and sale of personal property  
   33.6.   Sequestration of estate  
   33.7.   Power of sale of real property  
   33.8.   Certificate as to payments under maintenance order  
   33.9.   Certain orders enforceable in South Australia  

   ORDER 34 CONTEMPTS AND OFFENCES  

   34.1.   Contempt in the face of the Court  
   34.2.   Contempt other than in the face of the Court  
   34.3.   Where respondent does not appear warrant may issue  
   34.4.   Respondent may be held in custody pending hearing  
   34.5.   Procedures on hearing  
   34.6.   Other offences and breaches  
   34.7.   Who may take proceedings  
   34.8.   Hearing as to offences and breaches  

   ORDER 35 WARRANTS  

   35.1.   Form of warrants  
   35.2.   Copy of order to be served  
   35.3.   Authority of warrant  
   35.4.   Persons taken into custody  
   35.5.   Execution of warrants  
   35.6.   Limitation on execution of warrants  

   ORDER 36 POWERS OF REGISTRARS  

           Division 1-General  

   36.1.   Exercise of powers and functions of Registrar  

           Division 2-Certain Powers of Registrars of the Family Court of Australia  

   36.2.   Interpretation  
   36.3.   Registrar may exercise certain powers of Court  
   36.4.   Registrars not required to give reasons  
   36.5.   Power to summon witnesses  
   36.6.   Protection and immunity  

   ORDER 37 CHANGE OF AND EMPLOYMENT OF LEGAL PRACTITIONERS  

   37.1.   Change of solicitor  
   37.2.   Legal practitioner not to represent parties with adverse interests  

   ORDER 38 COSTS  

           Division 1-Costs in Relation to Work Done  

   38.1.   Application of Order and transition provisions  
   38.2.   Interpretation of this Order  
   38.3.   Proper costs  
   38.4.   Solicitor and client agreement as to costs  
   38.5.   Basic scale of solicitor and client costs-undefended dissolution  
   38.6.   Basic scale of solicitor and client costs-proceedings for orders under section 74, 78, 79 or 83 of the Act  
   38.7.   Basic scale of solicitor and client costs-proceedings for orders under section 64 of the Act  
   38.8.   Basic scale of solicitor and client costs-proceedings under section 114 of the Act  
   38.9.   Charges in addition to basic composite amount  
   38.10.  Additional charges in special circumstances  
   38.11.  Proceedings that were or could have been instituted together  
   38.12.  Settlement or discontinuation  
   38.13.  Work done by partners or employee solicitors  
   38.14.  Waiting or travelling time-solicitors and others  
   38.15.  Agent's fees  
   38.16.  Counsel's fees  
   38.17.  Solicitor acting as counsel  
   38.18.  Witnesses' expenses  

           Division 2-Orders for Costs  

   38.19.  Orders under sub-section 117 (2) of the Act for costs  
   38.20.  Recovery of solicitor and client costs  
   38.21.  Orders for payment of costs by a client to his solicitor  

   ORDER 39 PUBLICATION OF LISTS  

   39.1.   Mode of publication  
   39.2.   Lists to be provided by Registrar  
   39.3.   Content of lists  
   39.4.   Lists of applications for principal relief  
   39.5.   Interpretation  

   ORDER 40 MISCELLANEOUS  

   40.1.   Rates of interest  
   40.2.   Court may act on certain Commonwealth publications  
   40.3.   Particulars of employment and earnings  
   40.4.   Form of recognizance  
   40.5.   Vexatious litigants  
           SCHEDULE 1
           SCHEDULE 2


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