Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT AMENDMENT RULES 2002 (NO. 1) 2002 NO. 80 - SCHEDULE 1

Amendments

(rule 3)

[1] Rule 1.05, General outline, sixth dot point

substitute

* Chapter 6 applies to proceedings under other Acts including the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Appeals Tribunal Act 1975 .

[2] Rule 1.06

omit

The Court

insert

(1)
The Court

[3] Rule 1.06

insert

(2)
If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in that proceeding.

[4] Subrule 4.03 (1)

omit

a cross-claim

insert

an application

[5] Subrule 4.03 (2)

omit

or cross-claim

[6] Paragraph 6.08 (2) (a)

substitute

(a)
on a company, as defined in section 9 of the Corporations Act 2001 , in any manner permitted by section 109X of that Act; and

[7] Paragraphs 6.08 (2) (b) and (c)

omit

of the Corporations Law

insert

of that Act

[8] Paragraph 8.02 (4) (e)

substitute

(e)
the wishes of the parties;

(f)
for family law or child support proceedings, whether the hearing of the proceeding is likely to take longer than 2 days.

[9] Rule 21.06

omit

[10] Subdivision 21.3.1, heading

omit

[11] Subrule 21.09 (2)

substitute

(2)
Subject to paragraphs 21.02 (2) (c) and 21.11 (2) (a), Order 38 of the Family Law Rules does not apply to a family law or child support proceeding in the Court.

[12] Rule 21.10

after

proceeding

insert

(other than a proceeding to which the Bankruptcy Act applies)

[13] Rule 21.10, at the foot

insert

Note
For costs in a proceeding to which the Bankruptcy Act applies: see rule 29.08.

[14] Rule 21.11, heading

substitute

21.11 Taxation of costs

[15] Rule 21.11

omit

If a statement

insert

(1)
If a statement

[16] Rule 21.11

insert

(2)
When taxing a statement of costs, a taxing officer must apply:

(a)
for a family law or child support proceeding — the scale of costs set out in Schedule 2 to the Family Law Rules; and

(b)
for a general federal law proceeding — the scale of costs set out in Schedule 2 to the Federal Court Rules.

(3)
In this rule:

"taxing officer" means a Registrar.

[17] Subdivision 21.3.2

omit

[18] Subrule 27.03 (2), second occurring

substitute

(3)
If the Court appoints a new mediator, the Court may order that the mediation continue in any way the Court directs.

[19] Rule 28.05

omit

A cross-respondent

insert

(1)
A cross-respondent

[20] Rule 28.05

insert

(2)
A response must be filed and served within 14 days of service of the cross-claim to which it relates.

[21] After rule 29.07

insert

29.08 Costs

Unless the Court otherwise orders, a party entitled to costs in a proceeding to which the Bankruptcy Act applies is entitled to costs in accordance with the Federal Court Rules.

[22] Schedule 1, Part 3

omit

[23] Schedule 2, Part 1, Application

substitute



[24] Schedule 2, Part 2, Form 4

substitute










[25] Schedule 2, Part 3, Form 152

after

taxed

insert

in accordance with the Federal Court Rules

[26] Dictionary, after definition of child representative

insert

child support proceeding means a proceeding under the Assessment Act or the Registration Act.

[27] Dictionary, definition of family law proceeding

substitute

family law proceeding means a proceeding under the Family Law Act.

[28] Further amendments

Provision


omit


insert


Paragraph 1.05 (3) (a)


family law proceedings;


family law or child support proceedings;


Rule 1.05, General outline, second dot point


family law proceedings


family law and child support proceedings


Rule 1.05, General outline, third dot point


family law proceedings


family law or child support proceedings


Paragraph 2.08 (1) (a)


family law proceeding


family law or child support proceeding


Subrule 6.07 (3)


family law proceeding,


family law or child support proceeding,


Rule 10.04, note 2


family law proceeding)


family law or child support proceeding)


Rule 10.04, note 3


family law and child support matters:


family law and child support proceedings:


Rule 10.04, note 4


family law proceedings:


family law or child support proceedings:


Subrule 14.11 (2)


Family Law proceeding


family law or child support proceeding


Rule 21.01, note


other than family law proceedings


other than family law or child support proceedings


Rule 21.01, note


for family law proceedings.


for family law and child support proceedings.


Paragraph 21.08 (a)


family law proceeding


family law or child support proceeding


Chapter 2, heading


Family law proceedings


Family law and child support proceedings


Rule 23.02, note


family law proceeding


family law or child support proceeding


Chapter 3, heading


Proceedings other than family law


Proceedings other than family law or child support


Rule 26.01, note


family law proceedings.


family law or child support proceedings.


Dictionary, definition of general federal law proceeding


family law proceeding.


family law or child support proceeding.




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