Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1989 No. 331 FAMILY LAW RULES (AMENDMENT) - RULE 2

2. After Order 31A of the Family Law Rules the following Order is inserted:
                                "ORDER 31B

CHILD SUPPORT JURISDICTION
Division 1-General Interpretation

"1. In this Order, unless the contrary intention appears:
'Assessment Act' means the Child Support (Assessment) Act 1989;
'child support agreement' has the same meaning as in the Assessment Act;
'Child Support Registrar' has the same meaning as in the Registration Act;
'Registration Act' means the Child Support (Registration and Collection) Act 
1988 . Application of Order

"2. (1) This Order applies in relation to any application or appeal under, or
for the purposes of, the Assessment Act or the Registration Act.

"(2) Subject to Order 9 rule 1, in relation to any application or appeal to
which this Order applies, the provisions of this Order prevail over any other
provision of these Rules to the extent of any inconsistency.
Division 2-Applications or appeals under the Assessment
Act and the Registration Act other than appeals from a court
of summary jurisdiction or to a Full Court Interpretation

"3. In this Division:

   (a)  'application' does not include an application for leave to appeal from
        an order of the Family Court; and

   (b)  'appeal' does not include an appeal from a court of summary
        jurisdiction or to a Full Court. Application forms

"4. (1) An application or appeal to which this Division applies shall be made
by filing in duplicate the appropriate form as specified in subrule (2) or (3)
in a court having jurisdiction under the Assessment Act or the Registration
Act.

"(2) Subject to subrule (3), the application or appeal shall be in accordance
with Form 63.

"(3) An appeal under subsection 110 (1) or section 132 of the Assessment Act
or section 88 of the Registration Act shall be in accordance with Form 64.
Hearing of application or appeal

"5. On the filing of the application or appeal, the Registrar of the filing
registry shall set down the application or appeal for hearing as soon as
practicable but not less than 28 days after the day of filing. Service

"6. (1) As soon as practicable after the filing of the application or appeal,
the applicant or appellant shall serve by assured service a copy of the
application or appeal and any document filed with the application or appeal on
the respondent to the application or appeal.

"(2) The Registrar of the filing registry shall as soon as practicable after
the filing of the application or appeal post a copy of the application or
appeal and any document filed with the application or appeal to the Deputy
Child Support Registrar at the address prescribed under regulation 8 of the
Child Support Regulations in relation to the State or Territory in which the
filing registry is situated. Proceedings in relation to an application or
appeal

"7. On the return day of the application or appeal, the court shall if
practicable hear and determine the application or appeal or may give
directions.
Division 3-Special provisions relating to specific applications or
appeals Provisions of Division 2 still apply

"8. Where a rule in this Division specifies particular requirements in
relation to an application or appeal the particular requirements are in
addition to the general requirements relating to an application or appeal
specified in Division 2. Application under subsection 95 (6) of the Assessment
Act

"9. Where an application is made in relation to a child support agreement
under subsection 95 (6) of the Assessment Act a copy of the child support
agreement to which the application relates shall be attached to each copy of
the application. Application for declaration under subsection 106 (1) or 107
(1) of the Assessment Act

"10. (1) An application under subsection 106 (1) or 107 (1) of the Assessment
Act shall be filed:

   (a)  not later than 28 days after the receipt by the applicant of the
        notice given under section 33 or 34, as the case may be, of that Act;
        or

   (b)  within such further time as the court allows.

"(2) Where an application is filed under subrule (1), a copy of the relevant
notice given under section 33 or 34, as the case may be, of the Assessment Act
shall be attached to each copy of the application. Appeal against incorrect
assessment-subsection 110 (1) of the Assessment Act

"11. (1) An appeal under subsection 110 (1) of the Assessment Act shall be
filed:

   (a)  not later than 28 days after the receipt by the appellant of the
        notice given under section 76 of that Act; or

   (b)  within such further time as the court allows.

"(2) Where an appeal is filed under subrule (1), a copy of the notice of
assessment given under section 76 of the Assessment Act shall be attached to
each copy of the appeal. Application under section 117 of the Assessment Act

"12. Where an application is made under section 117 of the Assessment Act, 2
copies of the administrative assessment referred to in subsection 116 (2) of
that Act shall be filed with the application. Application under section 129 of
the Assessment Act

"13. Where an application is made under section 129 of the Assessment Act, 2
copies of the relevant order made under section 124 of that Act shall be filed
with the application. Appeal against decision of Child Support Registrar under
section 132 of the Assessment Act

"14. (1) An appeal under section 132 of the Assessment Act shall be filed:

   (a)  not later than 28 days after receipt by the appellant of the notice
        given under section 96 of that Act; or

   (b)  within such further time as the court allows.

"(2) Where an appeal is filed under section 132 of the Assessment Act, 2
copies of the notice given under section 96 of that Act shall be filed with
the appeal. Affidavit to be filed with application under section 140 of the
Assessment Act

"15. Where an application is made under section 140 of the Assessment Act,
there shall be filed with the application an affidavit which specifies
concisely:

   (a)  the nature of the case; and

   (b)  the relevant questions involved in the case; and

   (c)  the reasons why a stay should be granted. Appeal under section 88 of
        the Registration Act

"16. Where an appeal under section 88 of the Registration Act is filed, the
appellant shall file with the appeal 2 copies of:

   (a)  the notice served under subsection 80 (1) of the Registration Act; and

   (b)  the relevant objection under section 82, 83 or 84 of that Act, as the
        case may be; and

   (c)  any notice in opposition to or in support of the objection, as the
        case may be, lodged under subsection 86 (3) of that Act; and

   (d)  the notice served under subsection 87 (2) of that Act. Time for filing
        an appeal under section 88 of the Registration Act

"17. An appeal under section 88 of the Registration Act shall be filed:

   (a)  not later than 28 days after the day of service by the Child Support
        Registrar of the notice under subsection 87 (2) of that Act; or

   (b)  within such further time as the court allows.
Division 4-Application for leave to appeal or review Leave to appeal from
decision of court of summary jurisdiction

"18. (1) An application for leave to appeal from the decision of a court of
summary jurisdiction under section 105 of the Assessment Act or section 110 of
the Registration Act shall be made by filing an application for leave to
appeal in duplicate in accordance with Form 63.

"(2) The application shall be made:

   (a)  not later than 28 days after the day on which the decision appealed
        from was made; or

   (b)  within such further time as the court allows. Hearing of application

"19. The Registrar of the filing registry shall set down the application for
hearing as soon as practicable but not less than 28 days after the day of
filing of the application. Service

"20. (1) As soon as practicable after filing an application, the applicant
shall serve by assured service on the respondent one copy of each of the
application and the affidavit filed with the application.

"(2) The Registrar of the filing registry shall as soon as practicable after
the filing of the application post a copy of the application and the affidavit
filed with the application to the Deputy Child Support Registrar at the
address prescribed under regulation 8 of the Child Support Regulations in
relation to the State or Territory in which the filing registry is situated.
Appeal from decision of Family Court

"21. (1) An application for leave to appeal under paragraph 102 (1) (b) of the
Assessment Act or paragraph 107 (1) (b) of the Registration Act from a court
(other than from a decision of a Full Court) shall be in accordance with Form
42A and is to be filed in the principal registry.

"(2) The application shall be made:

   (a)  not later than 28 days after the day on which the decision appealed
        from was made; or

   (b)  within such further time as a Judge of a court having jurisdiction
        under the Family Law Act directs.

"(3) On the filing of the application, the Principal Registrar shall not less
than 28 days after the filing of the application set down the application for
hearing. Affidavit to be filed with application

"22. In relation to an application under rule 18 or 21, there shall be filed
with the application 2 copies of an affidavit which specifies concisely:

   (a)  the nature of the case; and

   (b)  the questions involved in the case; and

   (c)  the reasons why leave to appeal should be given. Leave of Full Court

"23. Where an appeal is instituted by leave of the Full Court a copy of the
Order granting leave to appeal shall be served with the notice of appeal.
Hearing of application for leave

"24. On the hearing of an application for leave to appeal the court may, with
the consent of the parties or of its own motion:

   (a)  hear and determine the application; or

   (b)  treat the application as an application for directions; or

   (c)  hear and determine the appeal. Directions as to the further conduct of
        appeal

"25. Where the court grants leave to appeal the court may give such directions
as it considers appropriate for the further conduct and hearing of the appeal.
Review of decision of Judicial Registrar

"26. (1) An application to review a decision by a Judicial Registrar under the
Assessment Act or the Registration Act must be filed:

   (a)  not later than 28 days after the day on which the decision was given;
        or

   (b)  within such further time as the court allows.

"(2) Rules 19 and 20 apply in relation to the application as if the
application was an appeal from a court of summary jurisdiction. Papers
relating to appeal or application for leave

"27. (1) On filing an application for leave to appeal or on filing an appeal
from a court of summary jurisdiction, the applicant or appellant shall file
with the application or appeal:

   (a)  a copy of the reasons for judgment or summing up of the court of
        summary jurisdiction certified by the proper officer of that court;
        and

   (b)  a copy of the transcript of the proceedings in the court of summary
        jurisdiction corrected in accordance with subrules (3) and (4).

"(2) Where evidence was given orally in the proceedings in the court of
summary jurisdiction but no transcript of those proceedings is available, the
applicant or appellant may file an affidavit sworn by a person who was present
during the proceedings in the court of summary jurisdiction as a record of
those proceedings.

"(3) Where the applicant or appellant obtains a copy of the transcript
referred to in paragraph (1) (b), he or she shall:

   (a)  correct any errors that appear in the transcript; and

   (b)  submit a list of those corrections to the respondent; and

   (c)  afford the respondent a reasonable opportunity of examining the
        transcript and corrections.

"(4) If the parties disagree on the accuracy of any part of the transcript, or
are unable to agree on a correction, the question shall be submitted to the
proper officer of the court of summary jurisdiction for the directions of the
court on the matter. Transmission of papers

"28. (1) The Registrar of the filing registry in which an application for
leave to appeal or an appeal is filed may request that the papers relating to
the proceedings in the court of summary jurisdiction be forwarded to him or
her by the Registrar of that court.

"(2) A Registrar to whom a request under subrule (1) is made shall comply with
the request as soon as practicable.
Division 5-Miscellaneous Copies of orders to Child Support Registrar

"29. Where a court makes an order under the Assessment Act or the Registration
Act, the Registrar of the filing registry shall forward a copy of the order to
the Deputy Child Support Registrar at the address prescribed under regulation
8 of the Child Support Regulations in relation to the State or Territory in
which the filing registry is situated. Service by Child Support Registrar

"30. (1) Where the Child Support Registrar serves a document on a person for
the purposes of the Assessment Act or the Registration Act, the document is,
subject to subrule (2), to be deemed to have been received by the person:

   (a)  in the case of a document sent by post-on the day on which the
        document would have reached that person in the ordinary course of
        post; or

   (b)  in any other case-on the day the document was delivered to the person
        or left at his or her last known place of residence.

"(2) Despite subrule (1), the court may determine the day on which service of
a document is effected on a person as the court thinks fit. Application for
counselling

"31. An application under section 17 of the Assessment Act for the assistance
of the counselling facilities of the Family Court or a Family Court of a State
is to be made in accordance with Form 32. Intervention by Child Support
Registrar

"32. (1) Where under section 145 of the Assessment Act the Child Support
Registrar intervenes in a proceeding under that Act, the Child Support
Registrar must file in the filing registry a notice in accordance with Form
65.

"(2) As soon as practicable after the notice of intervention is filed by the
Child Support Registrar, the Registrar shall serve on each party to the
application or appeal, by assured service, a copy of the notice of
intervention. Registration of child support agreements

"33. (1) A child support agreement to which subsection 95 (3) of the
Assessment Act applies may be registered in a court having jurisdiction under
that Act by filing a copy of the agreement together with the affidavit of a
party to the agreement or of the solicitor for such a party verifying the copy
as a true copy of the agreement.

"(2) Where a child support agreement has been registered in accordance with
subrule (1), the Registrar of the filing registry shall, as soon as
practicable after the date of filing, give written notice to each party to the
agreement that the agreement has been registered and specifying the court and
date of registration.

"(3) Where under subsection 98 (1) or 136 (1) of the Assessment Act a court
makes an order in relation to a child support agreement, the Registrar of the
court in which the order was made shall, as soon as practicable after the date
of the order, give written notice to each party to the agreement of the terms
of the order and specifying the Court and the date on which the order was
made.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback