Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 NO. 195 - SCHEDULE 3

Family Law Rules and Federal Court Rules applied

(rule 1.05)

Part 1 Family Law Rules

* Order 5, rules 2, 4 and 5
* Order 23A
* Order 23B
* Order 25
* Order 26
* Order 28, Division 2
* Order 29
* Order 31, rules 1 to 7
* Order 31B
* Order 33
* Order 34
* Order 35
* Order 36
* Order 39.

Part 2 Federal Court Rules

* Order 8
* Order 23 (except rules 14 and 15)
* Order 27, rule 4
* Order 35
* Order 37
* Order 63.

Dictionary

(rule 1.04)


"Act" means the Federal Magistrates Act 1999 .
"address for service", for a party means the address for service given by the party in accordance with rule 6.01.
" Administrative Appeals Tribunal Act "means the Administrative Appeals Tribunal Act 1975 .
" Administrative Decisions (Judicial Review) Act" means the Administrative Decisions (Judicial Review) Act 1977 .
"answers to specific questions "includes interrogatories.
"appropriate registry", for a proceeding, means the registry in which the application starting the proceeding is filed or, if the proceeding is transferred to another registry, that registry.
"Assessment Act" means the Child Support (Assessment) Act 1989 .
"authorised Registrar", in relation to a provision of these Rules, means a Registrar authorised in writing by the Chief Executive Officer to exercise the powers or perform the functions of an authorised Registrar under that provision.
" Bankruptcy Act "means the Bankruptcy Act 1966 .
"child representative "means a child representative approved under section 68L of the Family Law Act.
"corporation "includes any artificial person other than an organisation.
"Court" means the Federal Magistrates Court.
"discontinuance", in relation to a proceeding, includes withdrawal from the proceeding.
"discovery" means an obligation to disclose.
" Family Law Act" means the Family Law Act 1975 .
"family law proceeding "means a proceeding under the Assessment Act or the Registration Act.
"Family Law Rules "means the Family Law Rules 1984 made under the Family Law Act 1975 .
"Federal Court Rules "means the Federal Court Rules made under the Federal Court of Australia Act 1976 .
"financial matter "includes a proceeding under section 79 or 79A of the Family Law Act.
"general federal law proceeding" means a proceeding other than a family law proceeding.
"Human Rights Act "means the Human Rights and Equal Opportunity Commission Act 1986 .
"information sheet "means the relevant information sheet approved by an authorised Registrar.
"lawyer "means a legal practitioner who is entitled to practise in the Court.
"marriage certificate "means:

(a)
a certificate of marriage or a certified copy of the certificate; or

(b)
a certified copy of:

(i)
the entry of a marriage in a Register of Marriages; or

(ii)
an extract of the entry of a marriage.

minor means a person under the age of 18 years.
"party "means an applicant, respondent or other person included as a party to a proceeding.
"Registration Act" means the Child Support (Registration and Collection) Act 1988 .
"Regulations" means the Federal Magistrates Regulations 2000 .
"service by hand" means personal service.
"the Court or a Federal Magistrate" includes a Federal Magistrate sitting in Chambers.
"Tribunal" means the Administrative Appeals Tribunal.

1. Notified in the Commonwealth of Australia Gazette on 13 July 2001.



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