Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT RULES 2001 (NO. 4) 2001 NO. 257

STATUTORY RULES 2001 No. 257

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

FAMILY LAW AMENDMENT RULES 2001 (NO. 4)

Section 123 of the Family Law Act 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 AMENDMENTS

Order 2 rule 3A(1)(b)

This subrule was amended in July 2001 in SR 191/2000 to replace ACN with ABN number. The word "number" is superfluous and is omitted.

Order 32 Rule 17B heading

O32 R17B was amended in July 2001 in SR 191/2001 to replace the words "audio and video" with "technical medium" and the heading needs to be correspondingly amended.

Order 36A rule 2 (1AC) (da)

This amendment is to delegate to Judicial Registrars and SES Registrars the power to make a declaration as to parentage under s. 69VA ;

Order 36A rule 3 (raaa)

This amendment is to delegate to Judicial Registrars the power to determine whether a financial agreement or a termination agreement is valid, enforceable or effective under 90KA .

Order 36A Rule 3 (u)

In the July 2001 rules amendments (SR 191/2001) Subregulation 38D(2) was incorrectly inserted in O36A rule 3 (u) instead of "the power to determine an application under subregulation 36(2)." This amendment is to correct that error.

Schedule 2 - Scale of Costs

Item 3

This item in the Scale is amended to make it clear that an email message is covered by the description of letter and is able to be charged out accordingly.

Scale increase

The court has implemented the recommendation made by the Federal Costs Advisory Committee in its 17^th report into solicitors costs published in June 2001 and increased the scale by 3.9% .