Commonwealth Numbered Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Download]
[Help]
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
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback