Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FAMILY LAW RULES (AMENDMENT) 1994 NO. 59

STATUTORY RULES 1994 No. 59

Issued by the authority of the Judges of 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.

DETAILS OF THE PROVISIONS

Rule 1 provides the commencement date.

Rule 2 is a machinery provision.

Rules 3 - 6 amend Order 10 rules 1, 2 & 6 and order 18 rule 12 by deleting the reference to 'Order 7 Division 2' and substituting the words 'for principal relief'. These provisions do not affect a substantive change but merely enable the provisions to be read without reference back to Order 7 Division 2.

Rule 7 delegates to Judicial Registrars the power under section 60AA of the Act to grant leave for proceedings to be commenced for adoption of a child by a prescribed adopting parent.

Rule 8 provides an omnibus amendment to the Forms set out in schedule 1 being Forms 1-8, 18, 19, 22, 24, 29, 30, 32, 34, 35, 42, 42A, 43, 57, 58, 63 - 65. This amendment is not a substantive change but merely enables the Forms to be prepared omitting material that is not relevant rather than requiring that material to be crossed out on the form.

Rule 8.2(1)-8.2(2) provides an additional Note at the end of Forms 48 and 49 setting out the penalties that may apply if a finding is made by the Court that a party has contravened an order of the Court.

Rule 8.2(3) amends Form 55 by omitting the requirement that a solicitor must include the address of that party on the form. This ensures that the address of a party is not disclosed without the consent of that party.