Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT RULES 1998 (NO. 2) 1998 NO. 299

STATUTORY RULES 1998 No. 299

Issued by the authority of the Judges of the Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.

Section 123(2) of the Family Law Act provides that Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if reference in those sections to regulations were references to Rules of Court.

The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed and amended since that date.

DETAILS OF THE PROVISIONS OF THE AMENDMENT

The purpose of this rule is to provide a time frame in which a person liable to pay the costs ("the costs payee") is to request from the person entitled to receive payment ("the costs receiver") a bill of costs following the service of an account or a notice of rights

The effect of the amendment is that the request must be made within 28 clays of the later of the day on which the account was served and the day on which the notice of rights was served, providing uniformity between the situation where there is no costs agreement and where there is a costs agreement.

The consequence of the amendment s that Order 38 rule 40 will conform with the time frame provided by Order 38 rule 41(4)(b).