Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW RULES (AMENDMENT) 1991 NO. 476

STATUTORY RULES 1991 No. 476

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 references 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 since that date.

OVERVIEW OF THE PROVISION

The purpose of these provisions is to create a regional appeal registrar and a regional appeal registry in each of the three regions of the Court. The Court has been divided into three regions for administrative purposes following the implementation of the Report of the Working Party on the Review of the Family Court. The three regions are the Northern region consisting of Darwin, Townsville and Brisbane Registries, the Eastern region consisting of Canberra, Newcastle, Parramatta and Sydney Registries and the southern region consisting of Adelaide, Dandenong, Hobart, Launceston and Melbourne Registries. This is the first time that references to regions have appeared in either the Rules or the Act. For the purpose of these Rules the main registry in each region is designated as the regional appeal registry. The present Rules also contain a number of consequential ammendments as a result of the regionalisation of appeals in Orders 32 And 32A.

DETAILS OF THE PROVISIONS

Rule 1 provides a commencement date.

Rule 2 is a machinery provision.

Rule 3 inserts definitions for "regional appeal registrar" and "regional appeal registry".

Rule 3.2 provides that for the purpose of an appeal from a decree of the Family Court of Western Australia, the Perth Registry of the Family Court of Western Australia has the same functions as a regional appeal registry.

Rule 4 amends paragraph 2(1)(a) and sub paragraph (2)(1)(b)(i) of Order 32 by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 5 amends paragraph 6 (1) (a) of Order 32 by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 5.2 amends paragraph 6(1)(b) of Order 32 by enabling ammendments to notices of appeal to be forwarded to the regional appeal registry by way of facsimile transmission with the ammendments clearly marked subject to the original and two copies of the notice being forwarded not later than three clear days after the notice was forwarded by way of facsimile transmission.

Rule 6.1 amends paragraph 7 (i)(a) of Order 32 by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 6.2 amends paragraph 7(1)(b) of Order 32 by enabling notices of appeal to be forwarded to the regional appeal registry by way of facsimile transmission in accordance with Form 42 and endorsed as a notice of cross appeal subject to the original and two copies of the notice of appeal being forwarded not later than three clear days after the notice was forwarded by way of facsimile transmission.

Rule 7 amends Order 32 rule 8 by substituting "regional appeal registrar" for "Principal Registrar" in the original rule.

Rule 8.1 amends subrule 16A (4) of Order 32 by substituting "regional appeal registry" for "appeal registry" in the original rule.

Rule 8.2 amends paragraph 16A (9)(a) of Order 32 by substituting "regional appeal registrar" for "appeal registrar" in the original rule.

Rule 9 amends subrule 19 (1) of Order 32 by substituting "regional appeal registry" for "appeal registry" in the original rule.

Rule 10 amends subrule 19A (1) by inserting the words "in the regional appeal registry" after the words "at any time file". This is to ensure that discontinuances of appeal are filed in the regional appeal registry.

Rule 11 amends subrule 20 (1) of Order 32 by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 12.1 amends paragraph 21(6)(a) of Order 32 by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 12.2 amends subrule 21(7) of order 32 by susbstituting "regional appeal registrar" for "Principal Registrar" in the original rule.

Rule 13 inserts new rule 21A in Order 32. The new rule enables an application to the Full Court to be instituted by filing in the regional appeal registry an original and two copies of the application in accordance with Form 42A. Paragraph 21A(b) also enables the application to the Full Court to be forwarded to the regional appeal registry by way of facsimile transmission. subject to the original and two copies of the application being forwarded not later than three clear days after the application was forwarded by way of facsimile transmission.

Rule 13 also inserts new rule 21B in Order 32. New rule 21B provides that the regional appeal registrar or the appeal registrar as the case may be must send to the Principal Registrar one copy of all papers filed in relation to each appeal and application to the Full Court.

Rule 14 provides the definition of "regional appeal registrar" and "regional appeal registry" in Order 32A Rule 1. Both definitions have the same meaning as in Order 32.

Rule 15 amends paragraph 2a of Order 32A by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 15.2 amends subparagraph 2b(1) of Order 32A by substituting "regional appeal registry" for "principal registry" in the original rule.

Rule 16 amends subrule 6(2) in Order 32A by substituting "regional appeal registrar" for "Principal Registrar" in the original rule.

Rule 17 amends paragraph 7(2)(b) of Order 32A by substituting "regional appeal registrar" for "Principal Registrar" in the original rule.