The rules amendments commence as follows:

(a)                on 1 July 2006 -- rules 1 to 3 and Schedule 1;

(b)               on  the commencement of Schedules 1 and 2 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 -  Schedule 2;

(c)                on the commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law Act) 2006 -- Schedule 3.

Schedule 1 comprises most of the Rules Amendments which are required outside of the Family Law Amendment (Shared Parental Responsibility) Act 2006, and those Rules Amendments which are required as a consequence of the commencement of Schedule 3 of that Act on 1 July 2006.

Rule 3 Amendment of Family Law Rules 2004

Schedules 1, 2 and 3 amend the Family Law Rules 2004.

Schedule1

Amendments commencing on 1 July 2006

Schedule 1, Item 1.  Rule 5.09, heading

This amendment substitutes a new heading to Rule 5.09 by replacing Admissibility of Affidavits with Affidavits.  This is because the Admissibility of Affidavits will no longer be an issue as a result of the application of the new section 69ZT of the Family Law Act.

Schedule 1, Item 2.  Rule 5.09, notes 2 and 3

This amendment deletes the note referring to section 75 of the Evidence Act given the commencement of the new section 69ZT of the Family Law Act.

Schedule 1, Item 3.  Before Rule 6.08

This amendment inserts a new Rule 6.08A to define a manager of the affairs of a party which is to apply to Part 6.3 of the rules.

Schedule1, Item 4. Rule 6.10

This amendment changes the existing Rule to Subrule (1).

Schedule1, Item 5. Rule 6.10, after note 2

This amendment inserts new Subrule 6.10(2) which sets out what the manager of the affairs of a party needs to do to be taken to be a Case Guardian, namely file a notice of address for service and an affidavit evidencing appointment as a manager of the affairs of the party and consent to be appointed.

Schedule 1, Item 6. Rule 6.11

This amendment firstly replaces Rule 6.11 to enable the Court to request the Attorney-General to nominate in writing a person to be a Case Guardian of a person with a disability if the Court is of the opinion that a suitable person is not available for appointment as a Case Guardian of that person.  Secondly, the new Rule sets out the documents to be filed by the person nominated, namely a consent to act in relation to the person, a copy of the nomination and a Notice of Address for Service (Form 8),

Schedule 1, Item 7. Rule 6.16, note

This amendment deletes reference to Bankruptcy Act and inserts Act to correct a drafting error.

Schedule 1, Item 8. Chapter 7, Summary

This amendment firstly clarifies that Chapter 7 only applies to service of documents in Australia and non-convention countries.  Secondly the amendment clarifies that where there is an inconsistency between the Rules and the Regulations the Regulations prevail.

Schedule 1, Item 9. Before rule 7.01

This amendment clarifies that the Chapter does not apply to service of documents in a foreign country that is a party to a convention to which Australia is also a party regarding legal proceedings in civil and commercial matters.

Schedule 1, Item 10. Subrules 7.07(1) and (2)

This amendment deletes reference to service outside Australia and clarifies how service can be affected within Australia.

Schedule 1, Item 11. Paragraphs 7.17(c) to (f)

This amendment specifies when service is taken to have been carried out in Australia and deletes the reference to service outside Australia and service by electronic communication.

Schedule 1, Item 12.  Rule 7.19

This amendment substitutes a new rule 7.19 to clarify the procedure for service in a non- convention country. The rule permits service either in accordance with the law of the non convention country, or if the non convention country permits, service through the diplomatic channel. The rule sets out the procedure for service through the diplomatic channel, which, at the request of a party, is to be facilitated by the Registry Manager.

Schedule 1, Item 13.  Rule 9.04, heading

This amendment will substitute a new heading to clarify that rule 9.04 relates to the filing of a Reply by an applicant.

Schedule 1, Item 14. After Rule 9.04

This amendment inserts a new subrule 9.04A which applies where a respondent to an application seeks orders against a person other than the applicant (an additional party).  New subrule 9.04A (2) specifies that an additional party who seeks to oppose the orders sought in the Form 1A, or who seeks different orders, must file a reply (Form 1B).

Schedule 1, Item 15. Rule 11.08 (2), note

Schedule 1, Item 16. Rule 11.08 (3), note                

These amendments delete the references to section 191 of the Evidence Act as a result of the commencement of the new section 69ZT of the Family Law Act.

Schedule 1, Item 17. Chapter 12 summary

This amendment clarifies that the Rules which apply to certain trials to which Division 12A of Part VII of the Family Law Act are set out in new Chapter 16A.

Schedule 1, Item 18. Before rule 12.07

This amendment clarifies that Chapter 12 does not apply to a case to which Chapter 16A applies.

Schedule 1, Item 19. Chapter 15, summary

This amendment clarifies that new sections 69ZT to 69ZX of the Act apply in cases to which Division 12A of Part V11 of the Act applies.

Schedule 1, Item 20. Rule 15.12

This amendment specifies the requirements for the numbering, attachment of, filing and indexing of documents which are to be used in conjunction with an affidavit.

Schedule 1, Item 21. Rule 15.13, notes 1 and 2

Schedule 1, Item 22. Rule 15.29 (2), note    

Schedule 1, Item 23. Rule 15. 74, notes 1 and 2                             

These amendments are consequential upon the commencement of new section 69ZT of the Family Law Act.

Schedule 1, Item 24. Chapter 16 Summary

This amendment clarifies that Chapter 16 sets out how to prepare for and conduct a trial other than a trial to which Chapter 16A applies.

Schedule1, Item 25. Paragraph 16.08 (3) (g)

Schedule 1, Item 26. After paragraph 16.08 (3) (g)

These amendments clarify what an affidavit in support of an application to adduce evidence from a witness in a foreign country by electronic communication must address, namely the matters set out in Rule 16.09 and if the application relates to giving evidence or adducing evidence in New Zealand, the facilities that enable evidence to be given or a submission to be made, as required by Part 4 of the Evidence and Procedure (New Zealand) Act 1994.

Schedule 1, Item 27. Subrule 16.08 (5)

This amendment is consequential upon the amendment in Item 26.

Schedule 1, Item 28. Rule 16.09(1)

This amendment deletes reference to telephone or video conference or other, to improve the drafting of the rule.

Schedule 1, Item 29. Subrule 16.09(2), note 1

This amendment deletes reference to video link and substitutes electronic communication to improve the drafting of the rule.

Schedule 1, Item 30. After Chapter 16  

This amendment adds a new Chapter 16A to the Family Law Rules setting out the requirements for consent to the application of Division 12A of Part VII of the Act to a case and the additional procedures for certain trials to which Division 12A of Part VII of the Act applies.

Part 16A.1 -- Consent for Division 12A of Part V11 of the Act to apply to a case

Rule 16A.01   Definitions

This rule sets out the definition of the authorised form for the purposes of a party in a case giving consent for the application of Division 12A of Part VII of the Act..

Rule 16A.02   Application of Part 16A.1

This rule sets out the application of the Part, namely where the consent of the parties is necessary before Division 12A of Part VII of the Act can apply.

Rule 16A.03   Consent for Division 12A of Part V11 of the Act to apply

This rule provides that if a party to a case seeks to consent to the application of Division 12A of Part VII of the Act to the case, or part of the case, the party must file a consent in the prescribed form.

Rule 16A.04 Application for Division 12A of Part V11of the Act to apply for case commenced by application before 1 July 2006

This rule sets out the procedure for an application for permission for Division 12A of Part VII of the Act to apply to a case commenced prior to 1 July 2006.  Permission of the Court is required in addition to the consent of the parties. 

Part 16A. 2 -- Trials of certain cases to which Division 12A of Part V11 of the Act applies.

Rule 16A.05 Definitions

This rule sets out the definition of trial judge and trial judicial registrar as the Judge or Judicial Registrar to whom a trial is allocated, in a case to which Division 12A of Part VII of the Act applies.

Rule 16A.06 Application

This rule provides that the Part applies to the trial of a case that is pending in the Family Court and to which Division 12A of Part V11 of the Act applies, subject to the exclusions set out in Subrule 16A.06 (2), namely cases which only involve the following:

(a)        a Medical Procedure Application referred to in Division 4.2.3;

(b)        a maintenance application referred to in Division 4.2.4;

(c)        a child support application referred to in Division 4.2.5;

(d)        an application relating to a passport referred to in Division 4.2.7

These are applications which are either heard summarily or have their own process.

Subrule 16A.06 (3) provides that the Children's Cases Program cases are excluded from Chapter16A and Subrule 16A.06 (4) provides that a rule in Part 2 Chapter 16A applies to a case and overrides all other provisions in the rules, to the extent a rule in Chapter 16A does not conflict with a rule in Chapter1.

Rule 16A.07 Questionnaire  

This rule sets out the requirement for each party to file a completed questionnaire in a form approved by the Principal Registrar not less than 28 days prior to the commencement of the trial.

Rule 16A.08 Subpoenas etc

This rule is to ensure that once a case has had a trial date fixed, the parties may issue a subpoena or file an application or affidavit only if permission has been granted by the Trial Judge or Trial Judicial Registrar, or another Judicial Officer if the Trial Judge or Trial Judicial Registrar is unavailable.  The rule also sets out the process for making a request for permission.

Rule 16A.09 Commencement of Trial

This rule provides that a trial is taken to have commenced when it first comes before the trial Judge or trial Judicial Registrar for that trial.

Rule 16A.10 Parties to be sworn etc.

This rule provides that on the first day of the trial the parties and the family consultant must be administered an oath or affirmation. The person is bound by that oath or affirmation until the conclusion of the trial and anything said by a person under that oath or affirmation is part of the evidence of the trial.

Schedule 1, Item 31. Rule 17.03

This amendment increases the interest rate in accordance with the approved formula of 5% above the Reserve Bank rate.

Schedule 1, Item 32. Chapter 18, summary

Schedule 1, Item 33. Before rule 18.01

These amendments clarify that the delegations of power are only to judicial officers of the Family Court of Australia and not to officers of other courts.

Schedule 1, Item 34. Rule 19.18 (3)

This amendment clarifies that a cost agreement which enables a lawyer to charge and recover fees in excess of the itemized scale of costs, is to provide for lawyer and client costs only.

Schedule 1, Item 35. Paragraph 20.23 (1)(a)

This amendment is to correct a drafting error.

Schedule 1, Item 36. Rule 21.01, note 2

This amendment is to correct a drafting error in referring to a Form 18 application alleging contravention.  The correct application is the application for contempt (Form 19).

Schedule 1, Item 37. Rule 21.02, table 21.1, items 2 and 3

This amendment is to clarify that the contravention is of an order under Division 13A of Part VII of the Act or an order under Part XIIIA of the Act.

Schedule 1, Item 38. Rule 22.03

This amendment provides that an appeal against an order made in, or rising out of, a trial to which Chapter 16A applies, must be lodged within 28 days after the last order, other than the costs order, is made in the trial.

Schedule 1, Item 39. Schedule 3, Itemised Scale of Costs

This amendment increases the scale fees for lawyer's work, including counsel's fees by 6%, and introduces a scale for Senior Counsel based on the guidelines promulgated by the Federal Court of Australia.

Schedule 2

Amendments commencing on commencement of Schedules 1 and 2 to the Family Law Amendment (Shared Parental Responsibility) Act 2006

Schedule 2, Item 1. Rule 1.05, after note 2

This amendment creates a note 3, which refers to the requirements under new subsections 60I(2) and (12) of the Act, namely that a party comply with this rule and Part 2 of Schedule 1 of the Rules (pre action procedure) before an application is made for a parenting order.

Schedule 2, Item 2. Chapter 2, summary

Schedule 2, Item 3.  Rule 2.03

Sections 12E and 12F of the Family Law Amendment (Shared Parental Responsibility) Act 2006 now provide for the preparation and distribution of brochures and accordingly the Family Law Rules only need to deal with service of the brochures and these amendments provide for that.

Schedule 2, Item 4 .After Part 2.3 heading

This amendment inserts a new Division 2.3.1 which deals with Cases involving allegation of abuse or family violence in relation to a child.

Schedule 2, Item 5.

Rule 2.04 Definition

This amendment defines allegation of abuse or family violence in relation to a child, and Part VII order.

Rule 2.04A Application of Division

This amendment provides that this new division applies to a case if an application is made to the Court for a Part VII order in relation to a child in the case.

Rule 2.04B Filing and Service

In a case to which the Division applies, this amendment requires a party in the case, an independent children's lawyer in the case, or any other person seeking to intervene in the case, to file a Form 4 (Notice of Child Abuse or Family Violence), when making an allegation of abuse or family violence and to file an affidavit setting out the evidence on which the allegations in the Form 4 are based, no later than the time the Form 4 is filed.

Rule 2.04C Listing Case

This amendment provides that if a Form 4 has been filed in a case, a Registrar may list the case for hearing or procedural hearing.

Rule 2.04D Prescribed document and prescribed form

This amendment specifies that a Notice of Child Abuse or Family Violence is the document prescribed for the purposes of S60K (1)(d) of the Act and the prescribed form for the purposes of S67Z(2) of the Act.

Schedule 2, Item 6. Before rule 2.06

As a consequence of creating a new Division 2.3.1 this amendment creates a new Division 2.3.2 to incorporate the balance of the rules under the old Part 2.3, namely Rules 2.06 and 2.07.

Schedule 2, Item 7.  Rule 3.01, note 2

Schedule 2, Item 8.  Rule 4.13, note 2

Schedule 2, Item 9. Rule 4.23, note 1

These amendments are consequential amendments as a result of the amendments in Items 2 and 3.

Schedule 2, Item 10. Paragraph 5.08 (a)

This amendment replaces the reference to S68F of the Act with S60CC in accordance with the replacement of this section by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 11.  Rule 5.09, notes 2 & 3

This amendment deletes Note 2 of Rule 5.09 as a result of the effect of new section 69ZT of the Act.  Note 3 has been renumbered as Note 2 and substitutes the reference to independent child lawyer for the reference to child representative consequential upon the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 12. Rule 6.01 Note

This amendment deletes the reference to child representative and substitutes independent children's lawyer.  This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 13.  Rule 7.01, note

This amendment is a consequential amendment as a result of the amendments in Items 2 and 3.

Schedule 2, Item 14.  Chapter 8, summary

Schedule 2, Item 15. Rule 8.02

Schedule  2, Item 16. Subrule 10.15 (4), note

These amendments delete the reference to child representative and substitutes independent children's lawyer.  This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 17. Rule 11.01, Table 11.1, item 1

This amendment firstly deletes the reference to counselling and mediation and substitutes family counselling and family dispute resolution, secondly specifies that the court can order a party to attend a family consultant, and thirdly deletes the reference to child representative and substitutes independent children's lawyer.  These amendments result from the changes to terminology and function introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 18. Chapter 12 Summary

This amendment deletes the reference to counselling and mediation, substitutes family counselling and family dispute resolution, and adds an attendance with a family consultant. These amendments result from the changes to terminology and function introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.  The amendment also identifies that the Rules about the events in the determination phase of a case to which Chapter 16A apply are set out in that Chapter.

Schedule 2, Item 19.Chapter 12 Flow Chart

This amendment omits the step of counselling in the 28 day period prior to the first court date and substitutes an attendance with family consultant for counselling after a parenting order. This results from the changes to terminology and function introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 20. Subrule 12.03 (1)

This amendment deletes the reference to mediator and substitutes family consultant. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 21. Subrule 12.04 (1), Note 1

This amendment deletes the reference to mediation in a parenting case and substitutes family counselling or family dispute resolution in a parenting case. This results from the changes to terminology and function introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 22. Subrule 12.06 (1)

This amendment deletes the reference to mediator and substitutes family consultant. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 23 .Subrule 15.02(2)

This amendment deletes the reference to family and child counsellor and mediator and substitutes family consultant. This results from the changes to terminology and function introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 24. Rule 15.04

This rule is omitted as a result of amendments to section 65G(2)(a) of the Act which will no longer provide that a family report is required. The parties to the proceedings are required to attend a conference with a family consultant to discuss the matter to be determined by the proposed order.

Schedule 2, Item 25. Rule 15.30

This amendment deletes the reference to child representative and substitutes independent children's lawyer. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 26. Rule 15.41

Schedule 2, Item 27. Paragraph 15.41 (d)

Schedule 2, Item 28. Rule 15.41, after the example

These amendments delete the reference to mediator in paragraph 15.41(d) and substitute family consultant. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.  Secondly, the amendments introduce a new Subrule (2) which enables an independent children's lawyer to communicate with a Single Expert Witness in a case. This addresses concerns of the legal profession that the current Rules do not allow for this.

Schedule 2, Item 29. Rule 15.44 (1), at the foot

This amendment inserts a note, to cross reference to new Subrule 15.54 (3), which sets out the requirements that apply to instructions to a single expert witness appointed by agreement between the parties.

Schedule 2, Item 30. After Subrule 15.54 (2)

This amendment clarifies that all instructions to a single expert witness appointed by agreement between the parties must be provided jointly by the parties and the independent children's lawyer (if any).

Schedule 2, Item 31. Subrule 16A.10 (1)

This amendment deletes the reference to mediator and substitutes family consultant. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 32. Paragraph 18.02 (1) (b)

This amendment replaces the reference to section 19G of the Act with section 13K. This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 33.Paragraph 18.02 (1) (d)

This amendment replaces the reference to section 70NL of the Act with section 70NFD. This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 34. Paragraph 18.02 (1) (d)

This amendment replaces the reference to section 70NJ(3)(a) of the Act with section 70NFB(2)(a). This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 35. Rule 18.05, Table 18.2, items 4 and 5

The amendment to Item 4 caters for the amendment to section 65G(2) of the Act which no longer require a family report but rather attendance upon a family consultant.

The amendment to Item 5 deletes the reference to a family and child counsellor or welfare officer and substitutes family consultant.  This results from changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 36. Rule 18.05, Table 18.2, item 14 

This amendment deletes the reference to psychiatric or psychological examination and substitutes for the purposes of preparing a report in connection with the proceedings. This results from amendments to section 68M of the Act by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 37. Rule 18.06 (1), Table 18.4

Family Law Act

These amendments result from amendments to the relevant sections of the Act and to changes in terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.  The amendments are as follows:

Sections 14C, 16A, 16B, 19B, 19BA, 19D and 19E have been repealed and new Items
1-6 provide for the delegation of powers under new sections 11F, 11G, 13B, 13C, 13D, 13E and 13F.

New Item 7 provides an additional delegation of power under new section 27A of the Act.

New Item 16 provides an additional delegation of power under new section 60K(2)(a)(b) and (c) of the Act.

New Item 20 provides an additional delegation of power under new section 69ZW of the Act.

The delegations of power under repealed sections of the Act, namely, sections 62, 62G and 65F(1) which were previously set out in Items 13, 14 and 16 of Table 18.4, have been deleted.

The balance of the delegations remain unaltered, except for consequential changes to numbering.

Bankruptcy Act

These amendments provide for additional delegations of power to Deputy Registrars under the Bankruptcy Act. These are as follows:

Item 34 provides for a delegation under section 33 to confer power to adjourn, amend process and extension and abridgement of times.

Item 35 provides for delegation under section 81 to confer power in relation to examinations.

Item 36 provides for delegation under section 268B to confer power in relation to issue a warrant.

Item 36 provides for delegation under section 309(2) to confer power to order substituted service.

Schedule 2, Item 38. Subrule 18.06(2), Table 18.5, after Item 31 

This amendment provides for an additional delegation of power to Deputy Registrars under Rule 16A.04, namely to grant permission for a case to be dealt with under Division 12A of Part VII of the Act.

Schedule 2, Item 39. Rule 19.04 (7), definition of court event

This amendment deletes the references to counselling, mediation and mediator and substitutes family counsellor, family dispute resolution practitioner and family consultant. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 40. Subparagraphs 20.01 (2)(a)(iii) to (vii)

This amendment inserts a reference to awards made in arbitration and registered under section 13H of the Act. This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 41. Chapter 21, summary

This amendment is to cater for the further orders that a Court can make under section 70NEB(1) of the Family Law Act.  For example, the Court will be able to order compensation for reasonable expenses lost. 

Schedule 2, Item 42. Rule 21.01, note 3,subparagraph (a) (i)

This amendment replaces the reference to section 70NJ(6) of the Act with section 70NFB(4).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 43. Rule 21.01, note 3,subparagraph (a) (ii)

This amendment replaces the reference to section 70NO(2) of the Act with section 70NFG(2).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 44. Rule 21.02, Table 21.1, item 2

This amendment replaces the reference to contact order with the reference to parenting order.  This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 45. Rule 21.02, table 21.1, example

This amendment substitutes the description spend time with for the word contact.  This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule  2, Item 46. Subrule 21.01(2), example

This amendment replaces the reference to paragraph 70NJ(1)(c) of the Act with paragraph 70NFA(2)(b).  . This results from the amendments to the relevant sections of the Act, as provided by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 47. Rule 21.05, note  

This amendment deletes reference to counselling and substitutes family counselling, family dispute resolution. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 48. Rule 21.08, note

This amendment deletes the reference to repealed sections of the Act and inserts the reference to the new sections of the Act.   This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 49. Subrule 21.09 (1)

This amendment deletes the reference to repealed sections of the Act and inserts the reference to the new sections of the Act.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 50. Rule 21.10

This amendment replaces the reference to section 70NIA of the Act with section 70NEG.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 51. Rule 21.11, Note

This amendment deletes the reference to repealed sections of the Act and inserts the new sections of the Act.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 52. Schedule 1, Part 1, paragraph 1 (1) (a)

This amendment deletes reference to mediation. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 53. Schedule 1, Part 2, paragraph 1 (1) (a)

This amendment deletes reference to mediation. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 54. Schedule 2, Forms 1 to 2

Form 1 -- Application for Final Orders

Item 1 Part A is amended by deleting in the first box residence, contact and specific issues and substituting with whom a child lives, spends time or communicates.

Items 18 and 19 Part E are amended by deleting domestic violence and inserting family violence.

These amendments result from changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Form 1A -- Response to an application for Final Orders

Item 1 Part A is amended by deleting in the first box residence, contact and specific issues and substituting with whom a child lives, spends time or communicates.

Item 18 Part E is amended by deleting domestic violence and inserting family violence.

These amendments result from changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Form 1B -- Reply

The instructions as to the use of this form on page 1 are amended to cater for the amendment to Rule 9.04, namely, a reply will be able to be used by an additional party who seeks to oppose orders sought by a respondent against that additional party or who seeks different orders.

This amendment results from a perceived need for the reply to be used for this purpose.

Form 2 -- Application in a Case

The heading to Part B is amended by substituting independent children's lawyer for child representative.  This results from changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

In Part C there are notes added to better describe the process if the applicant requests that the application be dealt with in the absence of the parties.

In the Important Notices to the Respondent for all other applications a paragraph is added to alert the respondent to what is required if the application is to be determined in the absence of the parties.

These amendments result from a perceived need to clarify this process.

Schedule 2, Item 55. Schedule 2, Form 3

Form 3 -- Application for Divorce

In Part F Item 21 the reference to nominated counsellor is replaced with the reference to other specified person as a result of the amendments to the relevant sections by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

In Part G Items 22 and 23, the reference to domestic violence is replaced by the reference to family violence as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

In Part H reference to contact is replaced with reference to spends time and communicates with as a result of changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 56. Schedule 2, Form 4

Form 4 -- Notice of Child Abuse or Family Violence

This form is substantially amended to cater for its use when an application is made to the court for a Part VII order in relation to a child and a person alleges that there has been abuse of a child or family violence or there is a risk of abuse of a child or family violence and the allegation of abuse, family violence or risk of abuse or family violence is relevant to whether the court should grant or refuse the application.

In particular this new form provides for the identification of the application/response where the orders are sought to which the allegations are relevant and of the affidavit(s) containing evidence of the allegations.

There are also changes to terminology such as the replacement of independent children's lawyer for child representative and lives for reside as well as changes to section references as a result of the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 57. Schedule 2, Forms 10 to 12

Form 10 -- Notice of Discontinuance

In the instructions on page 1 and in Part B the reference to child representative is replaced with the reference to independent children's lawyer as required by the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Form 11 -- Application for Consent Order

In Items 13 and 14 the references to domestic violence are replaced by family violence as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006. 

In Item 15 the references to the sections of the Act are amended as a result of the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

In Item 16 the references to residence and contact are replaced with the references to live, spends time or communicates with as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006. 

The amendment to Item 23 will require the person with whom the children live most of the time to be identified if the children do not spend equal time with each of the parents.

In Item 27 the reference to section 68F(2) is replaced with the reference to section 60CC as a result of the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

In the affidavits in Parts I and K the references to sections 65E and 68F are replaced with the references to sections 60CA and 60CC as a result of the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Form 12 -- Notice of Non-Party Production of Documents

In Item 2 and Part B the references to child representative is replaced with the references to independent children's lawyer as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 58. Schedule 2, Form 14

Form 14 -- Subpoena

In Parts B and E the reference to child representative is replaced with the reference to independent children's lawyer as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 59. Schedule 2, Form 18

Form 18 -- Application -- Contravention

The instructions on page 1 are amended to refer to a new Notice to the Applicant on page 6.

Part C is amended by replacing the reference to child representative with the reference to independent children's lawyer as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

In Item 7 a reference to Rule 21.02(3) is added to correct a drafting error.

In the first example in Item 7 the reference to contact is replaced with the reference to spends time with as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006. 

In the Important Notices to the Respondent on page 5 the orders that the court may make in an application alleging contravention of an order effecting children have been amended to accord with the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

A new Notice to the Applicant has been inserted on page 6 to alert the applicant to the ability of the court to order the applicant to pay costs as introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 60. Schedule 2, Form 20

Form 20 -- Notice of Appeal

In Part B the references to child representative are replaced with the references to independent children's lawyer as a result of the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 61. Dictionary, definition of abuse

This amendment replaces the reference to section 60D(1) of the Act with subsection 4(1).

This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 62. Dictionary, definition of child representative

This amendment deletes the definition of child representative and substitutes a definition of child related proceedings.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 63. Dictionary, definition of contravened

This amendment replaces the reference to section 70NC of the Act with subsection 4(1).

This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 64. Dictionary, definition of court event

This amendment deletes reference to mediation and substitutes family dispute resolution. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 65. Dictionary, after definition of expense

This amendment introduces definitions of family consultant, family counselling and family counsellor.  This results from the introduction of new terminology by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 66.  Dictionary, after definition of Family Court

This amendment introduces definitions of family dispute resolution and family dispute resolution practitioner.  This results from the introduction of new terminology by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 67.  Dictionary, definition of family report

This amendment deletes the reference to section 65G of the Act.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 68.  Dictionary, definitions of family violence and family violence order

This amendment replaces the reference to section 60D of the Act with subsection 4(1).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 69.  Dictionary, definition of final resolution event, paragraph (b)

This amendment alters the definition of the final resolution event for a parenting case. This results from the changes to terminology introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 70. Dictionary, after definition of financial case

This amendment inserts a definition of financial matters.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 71. Dictionary, after definition of holding period

This amendment inserts definition of independent children's lawyer.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 72. Dictionary, definition of lawyer, except note

This amendment introduces a new definition of lawyer.

Schedule 2, Item 73. Dictionary, definition of mediator

The definition of mediator is omitted. This results from the introduction of new terminology, as provided by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 74. Dictionary, before definition of parenting case

This amendment inserts a definition of overseas child order.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 75. Dictionary, definition of post-separation parenting program

This amendment replaces the reference to section 70NB of the Act with subsection 4(1).

This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 76. Dictionary, definition of prescribed child welfare authority

This amendment replaces the reference to section 60D(1) of the Act with subsection 4(1).

This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 77. Dictionary, definition of primary dispute resolution

The definition of primary dispute resolution is omitted. This results from the introduction of new terminology by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 78. Dictionary, definition of primary order

This amendment replaces the reference to section 70NB of the Act with subsection 4(1).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 79. Dictionary, definition of recovery order

This amendment replaces the reference to section 67Q of the Act with subsection 4(1).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 80. Dictionary, after definition of Registration Act

This amendment inserts a definition of Registry Manager.  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 81. Dictionary, definition of State child order

This amendment replaces the reference to section 70B of the Act with subsection 4(1).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 82. Dictionary, definition of step parent

This amendment replaces the reference to section 60D(1) of the Act with subsection 4(1).  This results from the amendments introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 2, Item 83. Further amendments

These amendments address the consequential amendments required by the introduction of new terminology by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Schedule 3

Amendments commencing on commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law) Act 2006

Schedule 3, Item 1. After paragraph 22.01 (1) (b)

This amendment provides that Chapter 22 applies to an appeal to the Family Court from an order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule 3, Item 2. Part 22.2, note after the heading, paragraph (a)

This amendment provides that the court's permission is required to appeal from an interlocutory order, other than an interlocutory order relating to a child welfare matter, of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule  3, Item 3. Paragraph 22.02(a)

This amendment provides that an appeal from the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia must be commenced by filing a Notice of Appeal in the Regional Appeal Registry.

Schedule 3, Item 4. Rule 22.10

This amendment provides that if an appeal has been started from the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, a document filed in the appeal must be filed in the Regional Appeal Registry.

Schedule 3, Item 5. Paragraph 22.13 (b)

This amendment provides that Part 22.3 (Appeal to Full Court) applies to an appeal from the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, when the jurisdiction of the court in relation to the appeal is to be exercised by the Full Court.

Schedule 3, Item 6. Rule 22.13, note

This amendment provides that on the filing of an appeal from an order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia the Chief Justice must decide whether the jurisdiction of the Family Court is to be exercised by the Full Court or a single Judge.

Schedule 3, Item 7. Part 22.4, heading

This amendment substitutes a new heading for Part 22.4 which will include appeals heard by a single Judge from the Magistrates Court of Western Australia.

Schedule 3, Item 8. Rule 22.27

This amendment provides that Part 22.4 applies to an appeal from the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia for which the Chief Justice has determined that the jurisdiction of the Family Court is to be exercised by a single Judge.

Schedule 3, Item 9. Rule 22.27, note

This amendment includes reference to the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule 3, Item 10. Subparagraphs 22.32 (3) (b) (iii),(v),(vii) and (viii)

This amendment deletes reference to Federal to clarify that Rule 22.32(3) applies to an appeal from the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule 3, Item 11. Rule 22.33

This amendment deletes reference to Federal Magistrates Court and substitutes court appealed from to clarify that it applies to appeals from the Magistrates Court of Western Australia.

Schedule 3, Item 12. Part 22.5, heading

Schedule  3, Item 13. Rule 22.35

These amendments clarify that Part 22.5 does not apply to an appeal from the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule  3, Item 14. Division 22.7.2, note after the heading, paragraph (a)

This amendment provides that a party needs the Court's permission to appeal from the interlocutory orders, other than orders relating to a child welfare matter made by the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule  3, Item 15. Division 22.7.2, note after the heading, paragraph (b)

This amendment provides that a party needs the Court's permission to appeal from an order made under section 102. 102A or 105 of the Assessment Act or section 107, 107A or 110 of the Registration Act made by the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Schedule 3 Item 16. Dictionary, definition of appeal, paragraph (a)

This amendment includes in the definition reference to the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.