Commonwealth Numbered Regulations

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 3

                               SCHEDULE 3                    Rule 16

NEW ORDER 9

"ORDER 9-CONDUCT OF PROCEEDINGS OTHER THAN FOR PRINCIPAL RELIEF

"Division 1-Application Application of Order

"1. This Order applies to all proceedings except proceedings for principal
relief.

"Division 2-Directions hearing Scope of directions hearing

"2. (1) At a directions hearing, the court, or a Registrar, must give
appropriate directions in relation to the conduct of the proceedings.

"(2) At a directions hearing, as far as practicable, all interim and
procedural applications in the proceedings must be heard.

"(3) At a directions hearing, the court, or a Registrar, may:

   (a)  fix a date for a further directions hearing; or

   (b)  if the parties agree and the court, or the Registrar, thinks fit-hear
        and determine the proceedings; or

   (c)  if no applicant appears at the hearing-do any of the following:

        (i)    dismiss the application;

        (ii)   make any other order the court, or the Registrar, thinks
               appropriate; or

   (d)  if no respondent appears at the hearing-do any of the following:

        (i)    make the order sought by the applicant;

        (ii)   make any other order the court, or the Registrar, thinks
               appropriate;

        (iii)  give any direction the court, or the Registrar, thinks
               appropriate.

"(4) At a directions hearing, each party must, as far as practicable, apply
for:

   (a)  any interim or procedural order that has not already been sought in a
        previous application; and

   (b)  any necessary directions under subrule (5).

"(5) At a directions hearing, the court, or a Registrar, may:

   (a)  investigate the possibility of settlement of any issue in the
        proceedings; and

   (b)  make orders or directions in relation to any aspect of the following
        matters:

        (i)    consent orders;

        (ii)   attendance of parties at information sessions;

        (iii)  counselling;

        (iv)   mediation;

        (v)    arbitration;

        (vi)   defining the issues and orders sought;

        (vii)  appointment of child representatives;

        (viii) giving notice to persons who are not parties to the
               proceedings;

        (ix)   amendment of documents;

        (x)    conciliation or pre-hearing conferences;

        (xi)   production of documents at a conciliation conference;

        (xii)  production, filing and exchange of market appraisals or
               valuations of property;

        (xiii) withdrawal of proceedings;

        (xiv)  costs.

Adjournment of hearing date or directions hearing

"3. (1) This rule applies to a hearing of proceedings except:

   (a)  a hearing of proceedings under Order 10, Order 33 or Order 34; or

   (b)  a hearing that is a final hearing of proceedings commenced by an
        application in accordance with Form 7; or

   (c)  a hearing that has been fixed:

        (i)    at a pre-hearing conference; or

        (ii)   by a Judge, Judicial Registrar, or Magistrate.

"(2) If the parties to proceedings agree that, because of short service or
other special circumstances, it is inappropriate for the hearing of the
application, or the directions hearing, to proceed on the date fixed by the
Registrar, the parties may request the Registrar, in accordance with this
rule, to adjourn the hearing.

"(3) A request must be by a letter that:

   (a)  sets out:

        (i)    why it is appropriate to adjourn the hearing of an application,
               or a directions hearing; and

        (ii)   the date to which the hearing or directions hearing, is sought
               to be adjourned; and

   (b)  is signed by all parties; and

   (c)  is delivered to the Registrar not later than 2 clear days before the
        date fixed for the hearing or directions hearing.

"(4) If a request is made in accordance with subrule (3), the Registrar,
without requiring the parties to appear before the court, but subject to
subrule (5), must adjourn the hearing of the application, or the directions
hearing, to:

   (a)  the date requested; or

   (b)  a date that is practicable.

"(5) The hearing of an application, or a directions hearing, may be adjourned:

   (a)  not more than twice under this rule; and

   (b)  on each occasion-for a period not exceeding 4 weeks.



"Division 3-Amendment Interpretation

"4. In this Division:
'document' means an application, a response, a reply or a third party notice.
Amendment by a party

"5. A party who has filed and served a document may amend the document without
the leave of the court, or the consent of any other party to the proceedings,
at any time before a date is fixed for the hearing of the proceedings.
Amendment by the court

"6. (1) At any time, the court, or a Registrar, may give a party leave to
amend a document that has been filed, even if the effect is:

   (a)  to add or substitute a claim arising after the commencement of the
        proceedings; or

   (b)  to substitute or add another person as a party to the proceedings.

"(2) If the court, or a Registrar, gives a party leave to amend a document,
the court, or the Registrar, may give directions in relation to:

   (a)  the time within which the amendment must be made; and

   (b)  the manner in which the amendment must be made; and

   (c)  the service of the amended document.

"(3) If the court, or a Registrar, does not fix a time for service of an
amended document under paragraph (2) (c), the amended document must be served
not later than 14 days after the date on which the order giving leave to amend
the document was made. Time limit for amendment by leave of the court

"7. An order giving leave under rule 6 ceases to have effect:

   (a)  on the expiry of the period fixed by the order for the making of the
        amendment; or

   (b)  if no period is fixed-at the end of 14 days after the order is made.
        Filing amendment by party

"8. Unless the Registrar directs otherwise, if a party amends a document, the
party must file with the Registrar a copy of the amended document that clearly
indicates each of the amendments. Endorsement of amended document

"9. If a party amends a document, the party must endorse on the amended
document:

   (a)  if the document was amended by leave of the court or a Registrar:

        (i)    the date on which leave was given; and

        (ii)   the date on which the amendment was made; and

   (b)  the date on which the amended document was filed. Service of amended
        document

"10. If a party amends a document, the party must serve a copy of it on each
other party to the proceedings who has an address for service. Response to
amended document

"11. (1) If an amended document:

   (a)  has been served on a party; and

   (b)  affects a document previously filed by the party ('the affected
        document'); the party may amend the affected document in accordance
        with this Division.

"(2) A party who wishes to amend an affected document must do so not later
than:

   (a)  the date specified in the order giving leave to amend; or

   (b)  in any other case-14 days after service on the party of the amended
        document.

"(3) A party who:

   (a)  has filed an affected document; and

   (b)  does not:

        (i)    amend the affected document; and

        (ii)   file the document as so amended; is taken to rely on the
               document as originally filed by the party.

"Division 4-Discontinuance Discontinuance-Form 15A

"12. (1) Subject to subrule (3), an applicant or a respondent may discontinue
an application wholly, or in part, by filing a notice of discontinuance in
accordance with Form 15A.

"(2) A notice of discontinuance may be filed:

   (a)  without the leave of the court, or a Registrar-at any time before the
        day fixed for the final hearing of the application; or

   (b)  with the leave of the court, or a Registrar-at any later time.

"(3) If:

   (a)  the proceedings relate to property of the parties, or of any party;
        and

   (b)  one of the parties dies before the proceedings are determined; the
        application must not be discontinued except with the leave of the
        court, or a Registrar.

"(4) If a party files a notice of discontinuance, the party must serve a copy
of it on each other party to the proceedings who has an address for service,
as soon as practicable after filing the notice.

"(5) Discontinuance of an application by a party to proceedings does not
prevent another party to the proceedings from using the application or
response in cross-examination or in evidence.

"(6) The Registrar must mark an application that is discontinued accordingly.

"(7) Unless the court, or a Registrar, otherwise orders, an application that
is discontinued must be retained on the court file.

"(8) If a party to proceedings discontinues an application, either wholly, or
in part, any other party to the proceedings may make an application to the
court, or a Registrar, for costs.

"(9) An application for costs under subrule (8) must be made by a party:

   (a)  not later than 28 days after service on the party of the notice of
        discontinuance; or

   (b)  within the time that the court, or a Registrar, allows.".