Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 11.01

General powers
The court may exercise any of the powers mentioned in Table 11.1 to manage a case to achieve the main purpose of these Rules (see rule 1.04).


Table 11.1
Court's powers

Item


Subject


Power


1


Attendance


(a) order a party to attend:
(i) an information session;
(ii) a procedural hearing;
(iii) counselling or mediation;




(iv) a conference or other court event; or
(v) a specialist family court program or post-separation parenting program;
(b) require a party, a party's lawyer or a child representative to attend court


2


Case development


(a) consolidate cases;
(b) order that part of a case be dealt with separately;
(c) decide the sequence in which issues are to be tried;
(d) specify the facts that are in dispute, state the issues and make procedural orders about how and when the case will be heard or tried;
(e) refer a particular case or a part of a case for special management by a judicial officer;
(f) with the consent of the parties, order that a case or part of a case be submitted to arbitration


3


Conduct of case


(a) hold a court event and receive submissions and evidence by electronic communication;
(b) postpone, bring forward or cancel a court event;
(c) adjourn a court event;
(d) stay a case or part of a case;
(e) make orders in the absence of a party;
(f) deal with an application without an oral hearing;
(g) deal with an application with written or oral evidence or, if the issue is a question of law, without evidence;
(h) allow an application to be made orally;
(i) determine an application without requiring notice to be given;
(j) order that a case lose listing priority;
(k) make a self-executing order


Note 1
The powers mentioned in this rule are in addition to any powers given to the court under a legislative provision or that it may otherwise have.
Note 2
Rule 1.10 provides that a court may make an order on its own initiative and sets out what other things the court may do when making an order or giving a party permission to do something.



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