Commonwealth Numbered Regulations

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

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 53

53. Order 33, rule 3 (Summary procedures on refusal or failure to comply with certain orders)
53.1 Subrules 3 (1) and (2): Omit the subrules, substitute:

"(1) If a person is alleged to have refused or failed to comply with an order
or agreement to which rule 2 applies, the person who is entitled to the money
payable under the order or agreement, or a person who is entitled to take
proceedings for the purpose of enforcing the payment of those moneys, or the
forfeiture of a recognizance, may file an affidavit requesting the issue of:

   (a)  in relation to a debt due to the Commonwealth:

        (i)    a notice in accordance with Form 45A; or

        (ii)   a summons in accordance with Form 45B; or

   (b)  in any other case:

        (i)    a notice in accordance with Form 45; or

        (ii)   a summons in accordance with Form 46.

"(1A) An affidavit filed under subrule (1) must:

   (a)  contain evidence in support of the request made in the affidavit; and

   (b)  state whether any other order is in force for the enforcement of the
        order; and

   (c)  state whether any other proceedings for the enforcement of the order
        are pending; and

   (d)  if proceedings taken by a person referred in subrule 2 (7) are
        pending-state the name of the person who has taken the proceedings;
        and

   (e)  be accompanied by the appropriate form of notice or summons under
        subrule (1).

"(1B) If:

   (a)  a person has taken proceedings, on behalf of a party, or a child, to
        enforce an order for the payment of maintenance, or other money; and

   (b)  before those proceedings are completed, the person is named in an
        affidavit filed under subrule (1) as the person who has taken
        proceedings to enforce the order; the Registrar must:

   (c)  ask the person for details in relation to progress of the proceedings;
        and

   (d)  attach a memorandum containing those details to the affidavit.

"(2) On receipt of an affidavit filed under subrule (1) and an appropriate
form of notice, the Registrar may issue a notice in accordance with Form 45 or
45A.".

53.2 Subrule 3 (3): Omit "Upon receipt of an application for the issue of a
summons under paragraph (1) (b) the Registrar may issue such a summons if:",
substitute "On receipt of an affidavit filed under subrule (1) and an
appropriate form of summons, the Registrar may issue a summons in accordance
with Form 45B or 46 if:".

53.3 Subrule 3 (3A): Omit the subrule. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback