Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations"abuse" , in relation to a child, has the meaning given by subsection 4(1) of the Family Law Act.
"address for service" means the address given by a party where documents may be left for the party or where documents may be sent for the party (see rule 2.25).
"adjourn" means to defer or postpone a court event to another day or time.
"affected person" , in Divisions 11.1.3 and 11.1.4, means a person claiming to be affected by the seizure of property under an Enforcement Warrant.
"affidavit" means a formal written statement by a party or witness (see Part 8.3).
(a) an appeal to the Federal Circuit and Family Court (Division 1) under subsection 26(1) of the Federal Circuit and Family Court Act; and
(b) for an appeal to the Federal Circuit and Family Court (Division 1) in respect of which leave to appeal is required under section 28 of the Federal Circuit and Family Court Act--an appeal with such leave; and
"Appeal Judicial Registrar" means the Judicial Registrar at the National Appeal Registry for an appeal.
"appellant" includes a cross-appellant.
"applicant" includes a cross-applicant.
"Application for Review" means the form for seeking a review of the decision of a Judicial Registrar.
"Application in a Proceeding" means the form for making an interlocutory application.
"application without notice" means an application that is heard by the court without first being served on the respondent (see Part 5.2).
"approved form" means a form approved under rule 15.21 for the purposes of these Rules.
"arbitration" has the meaning given by section 10L of the Family Law Act.
"Assessment Act" means the Child Support (Assessment) Act 1989 .
"assessment hearing" means a hearing conducted by a Judicial Registrar at which the amount to be paid on an itemised costs account is assessed (see rule 12.45).
"assessor" means a person specially qualified in the subject matter in which the assessor is appointed under Part 7.2 of these Rules.
Note: See section 102B of the Family Law Act in relation to the use of an assessor.
"attend" , in relation to a court event, includes attendance by electronic communication (see rules 13.32 and 15.16).
"bankrupt" has the meaning given by subsection 5(1) of the Bankruptcy Act. A reference in these Rules to a person, being a party to a marriage or a party to a de facto relationship, who is bankrupt includes a reference to a person:
(a) who has been discharged from bankruptcy; and
(b) whose property remains vested in the bankruptcy trustee under the Bankruptcy Act.
" Bankruptcy Act" means the Bankruptcy Act 1966 .
"cancellation fee" means a cancellation fee or reservation fee charged by a barrister or solicitor advocate for a court event or dispute resolution event that does not proceed.
"case assessment conference" means a conference conducted by a Judicial Registrar.
"case stated" means a procedure in which a case or question is determined by the Federal Circuit and Family Court (Division 1) under section 34 of the Federal Circuit and Family Court Act (see Part 13.9 of these Rules).
"cause of action" means a claim seeking an order (other than for interlocutory relief) for which a court has jurisdiction.
"Chief Executive Officer" has the meaning given by subsection 7(1) of the Federal Circuit and Family Court Act.
"Child Support Agency" means the Department (or part of the Department) that administers the Assessment Act and the Registration Act.
"Child Support Application or Appeal" means an application or appeal in which the only orders sought are under the Assessment Act or the Registration Act.
"child support liability" means an amount owing under the Assessment Act or the Registration Act (including under a child support assessment or registered child support agreement) that may be registered for collection by the Child Support Agency.
(a) means a proceeding under the Assessment Act or the Registration Act; and
(b) includes an appeal under section 44AAA of the Administrative Appeals Tribunal Act 1975 (which provides for appeals from certain child support first review proceedings).
"Child Support Registrar" means the Child Support Registrar under section 10 of the Registration Act.
"child welfare record" means a record relating to child welfare held by a State or Territory agency referred to in Schedule 9 to the Family Law Regulations.
"Commonwealth information order" has the meaning given by subsection 67J(2) of the Family Law Act.
"conciliation" means a dispute resolution process in which an impartial third person assists the parties to the dispute to reach an agreement in the dispute.
"conduct money" means money paid by a party to a witness, before the witness appears at a court event, for:
(a) travel between the witness's place of residence or employment and the court; and
(b) if necessary, reasonable accommodation expenses for the witness; and
(c) in the case of a subpoena for production--the reasonable costs of complying with the subpoena.
(a) in relation to an order under the Family Law Act affecting children--has the meaning given by subsection 4(1) of the Family Law Act; and
(b) otherwise--means failed to comply with (or follow) an order.
(c) an unincorporated body that may sue or be sued or hold property in the name of its secretary or of an officer of the body appointed for that purpose.
"Corporations Rules" means the Federal Court (Corporations) Rules 2000 .
"costs" means an amount paid or to be paid for work done by a lawyer, and includes expenses.
"costs agreement" means a written agreement between a party and the party's lawyer, about the costs to be charged by the lawyer for work done for a proceeding for the party, in accordance with the law of a State or Territory.
"costs assessment order" means an order made by a Judicial Registrar under rule 12.44, 12.45 or 12.50 fixing the total amount payable for costs.
"costs brochure" means a brochure, approved by the Chief Executive Officer, about costs under Chapter 12 (see subrule 12.34(2)).
"costs notice" means a notice of a party's actual and estimated future costs, and of any expenses paid or payable to an expert witness (see rule 12.06).
"counsel" means a barrister, or a solicitor acting as an advocate.
"court" , in relation to family law or child support proceedings, means a court that:
(a) is exercising jurisdiction in those proceedings by virtue of the Family Law Act or the Federal Circuit and Family Court Act; and
(b) is presided over by a judicial officer who has, or has been delegated, the power to exercise the jurisdiction.
"court event" includes the following events:
(a) a hearing or part of a hearing;
(b) a trial or part of a trial;
(d) an attendance with a family consultant performing the functions of a family consultant;
(e) an attendance with a court child expert performing the functions of a family consultant or a family counsellor.
"court of summary jurisdiction" means a magistrates' or local court of a State or Territory.
"criminal record" , for a person, means a record of offences of which the person has been found guilty.
"cross-appellant" means a respondent to an appeal who appeals against one or more orders under appeal.
"cross-vesting law" means a law relating to the cross-vesting jurisdiction of:
(a) the Commonwealth (other than under the Corporations Act 2001 ); or
(b) a State or Territory.
"de facto relationship" has the meaning given by section 4AA of the Family Law Act.
"deponent" means a person whose evidence is set out in an affidavit and who swears or affirms that the contents of the affidavit are true.
"discontinue" , in relation to a proceeding, means to withdraw all or part of an application or response.
"dispute resolution" , includes a mediation and a conference (including a conciliation conference).
"each person to be served" means each person referred to in paragraphs 2.27(3)(a), (b) and (c).
"earnings" includes the following:
(a) wages, salary, fees, bonus, commission or overtime pay;
(b) other money payable in addition to or instead of wages or salary;
(c) a pension, annuity or vested superannuation money;
(d) money payable instead of leave;
(f) retirement benefits due or accruing;
(g) a salary sacrifice arrangement;
(h) performance-based incentives and non-monetary benefits.
"electronic communication" means:
(c) another appropriate electronic means of communication.
Examples: Telephone or video conferencing; closed circuit television; e - mail.
"eligible superannuation plan" has the meaning given by section 90XD of the Family Law Act.
"enforcement officer" includes:
(a) an officer of the court who has power to enforce an order; and
(b) a person appointed by the court for the purpose of enforcing an order.
Note: In the Federal Circuit and Family Court (Division 1), this includes the Marshal, Deputy Marshal or a delegate of the Marshal or Deputy Marshal. In the Federal Circuit and Family Court (Division 2), this includes the Sheriff, Deputy Sheriff or a delegate of the Sheriff or Deputy Sheriff.
"expert" means an independent person who has relevant specialised knowledge, based on the person's training, study or experience.
"expert's report" means a report by an expert witness, including a notice under subrule 7.18(5).
"expert witness" means an expert who has been instructed to give or prepare independent evidence for the purpose of a proceeding.
"family consultant" has the meaning given by section 11B of the Family Law Act.
"family counselling" has the meaning given by section 10B of the Family Law Act.
"family counsellor" has the meaning given by section 10C of the Family Law Act.
"Family Court" , in a reference to a Family Court, means the Federal Circuit and Family Court (Division 1) or a Family Court of a State.
"family dispute resolution" has the meaning given by section 10F of the Family Law Act.
"family dispute resolution practitioner" has the meaning given by section 10G of the Family Law Act.
"Family Law Act" means the Family Law Act 1975 .
"Family Law Magistrate of Western Australia" means the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
"family law proceeding" means a proceeding under the Family Law Act.
"Family Law Regulations" means the Family Law Regulations 1984 made under the Family Law Act.
"family violence" has the meaning given by subsection 4AB(1) of the Family Law Act.
"family violence order" has the meaning given by subsection 4(1) of the Family Law Act.
"Federal Circuit and Family Court" means:
(a) the Federal Circuit and Family Court (Division 1); or
(b) the Federal Circuit and Family Court (Division 2).
"Federal Circuit and Family Court Act" means the Federal Circuit and Family Court of Australia Act 2021 .
"Federal Circuit and Family Court (Division 1)" means the Federal Circuit and Family Court of Australia (Division 1).
"Federal Circuit and Family Court (Division 2)" means the Federal Circuit and Family Court of Australia (Division 2).
"file" , in relation to a document, means file the document in accordance with Part 2.5.
"filing registry" , in relation to a proceeding, means the registry of a court in which the proceeding is started or to which the proceeding is transferred.
"final order" means an order of a court that finally decides a proceeding.
"financial agreement" means an agreement that is a financial agreement under section 90B, 90C or 90D of the Family Law Act (other than an ante-nuptial (pre-marriage) or post-nuptial (after marriage) settlement to which section 85A of the Family Law Act applies).
"financial orders" includes orders in relation to any of the following:
(b) a Child Support Application under section 116, 123 or 129 of the Assessment Act;
(c) contribution to child bearing expenses;
(d) property.
"financial proceeding" means a proceeding (other than an appeal) involving an application:
(a) relating to the maintenance of one of the parties to a marriage, or of a de facto relationship after the breakdown of the relationship, including an application for permission to start a spousal maintenance proceeding; or
(b) relating to the property of the parties to a marriage, or of a de facto relationship after the breakdown of the relationship, or of either of them, including the following:
(i) an application for permission to start a property proceeding;
(ii) an application to set aside an order altering property interests under section 79A or 90SN of the Family Law Act;
(iii) an application under section 85A of the Family Law Act in relation to a financial agreement;
(iv) an application under section 90K of the Family Law Act in relation to a financial agreement;
(v) an application under section 90UM of the Family Law Act in relation to a Part VIIIAB financial agreement or a Part VIIIAB termination agreement;
(vi) an application under section 106B of the Family Law Act in relation to a transaction to defeat a claim; or
(c) relating to the vested bankruptcy property in relation to a bankrupt party to a marriage, or of a de facto relationship after the breakdown of the relationship; or
(d) relating to the maintenance of children; or
(e) under section 116, 123 or 129 of the Assessment Act; or
(f) relating to child bearing expenses (see section 67B of the Family Law Act);
and includes, for the purposes of Part 6.1 of these Rules, a proceeding (other than an appeal) involving an application for the enforcement of a financial obligation.
"first court date" means the first hearing or other court event after an application or an appeal is filed (including a conference or procedural hearing).
"fresh application" means any of the following applications, including compliance with pre - action procedures associated with them:
(a) an application for final orders;
(b) an application that includes an application for final orders;
(c) an Application in a Proceeding filed in connection with an application referred to in another paragraph of this definition;
(d) an Application for Divorce;
(e) an application for consent orders;
(f) a contempt, contravention or enforcement application;
(g) an application relating to contempt in the face of the court;
(h) an appeal, and a rehearing following an appeal;
(i) an Application for Review of final orders made by a Judicial Registrar.
"Full Court" or Full Court of the Federal Circuit and Family Court (Division 1) means a Full Court of the Federal Circuit and Family Court (Division 1) constituted in accordance with section 17 of the Federal Circuit and Family Court Act.
"gross value" , of property, means the value of the property excluding any mortgage, lien, charge or other security over the property.
"hearing" means the process, other than a trial, of determining:
(a) an Application in a Proceeding; or
(b) an Application for Divorce; or
(i) an order that a marriage is a nullity; or
(ii) a declaration as to the validity of a marriage or of a divorce or annulment of a marriage; or
(d) a part of a proceeding; or
(e) an enforcement application.
"independent children's lawyer" has the meaning given by subsection 4(1) of the Family Law Act.
"interested person" , for a subpoena, means a person who might reasonably have an interest in the subject matter of the subpoena.
"interim order" means an order made by a court that operates until another order or a final order is made (see Chapter 5).
"interlocutory application" means an application that is made in a proceeding that has already been started under these Rules and that is an application for an interlocutory order.
(a) an interim order; or
(b) a procedural order; or
(c) an ancillary order; or
(d) any other incidental order relating to an application or order.
"issuing party" , for a subpoena, means the party at whose request the subpoena is issued.
"itemised costs account" means a document prepared in accordance with rule 12.35.
"judicial officer" includes a Judge and a Judicial Registrar.
"Judicial Registrar" (other than in Chapter 14) means:
(a) in relation to the Federal Circuit and Family Court (Division 1)--a Senior Registrar or Registrar of the Court; or
(b) in relation to any other court--the principal legal officer of the court or any other appropriate officer of the court.
Note: Judicial Registrar has a narrower meaning in Chapter 14 (see rule 14.01).
"lawyer" means a person who is enrolled as a legal practitioner of:
(a) a federal court; or
(b) the Supreme Court of a State or Territory.
Note: See section 122 of the Family Law Act and sections 55A and 55B of the Judiciary Act 1903 .
"legal aid body" means a person, authority or body that, from time to time, receives funding, whether directly or indirectly, from the Commonwealth for the purposes of, or in connection with, the provision of legal assistance by the person, authority or body in connection with matters arising under the Family Law Act.
"legal entity" means a corporation (other than a public company), trust, partnership, joint venture business or other commercial activity.
"legislative provision" includes a provision in an applicable Act, these Rules, the Family Law Regulations, any other regulations made under the Family Law Act and any conventions referred to in a regulation made under the Family Law Act.
"litigation guardian" means a person appointed by the court under rule 3.15 to manage and conduct a proceeding for a person who needs a litigation guardian (also known as a next friend, guardian ad litem or tutor) (see Part 3.5).
"location order" has the meaning given by subsection 67J(1) of the Family Law Act.
"Marshal" has the same meaning as in the Federal Circuit and Family Court Act.
Note: See sections 104 and 262 of the Federal Circuit and Family Court Act.
"medical procedure proceeding" means a proceeding to which rule 1.11 applies.
"medical record" , for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person's medical condition or treatment, that are maintained by a physician, counsellor, hospital or other provider of services or facilities for medical treatment.
"minor" means a person under the age of 18 years.
"month" has the meaning given by rule 15.04.
"National Appeal Registry" , for an appeal other than from an order of a court of summary jurisdiction, means:
(a) for an appeal from an order in a proceeding heard in Queensland, Lismore or the Northern Territory--the Brisbane Registry of the Federal Circuit and Family Court (Division 1); or
(b) for an appeal from an order in a proceeding heard in the Australian Capital Territory or New South Wales (other than Lismore or Albury)--the Sydney Registry of the Federal Circuit and Family Court (Division 1); or
(c) for an appeal from an order in a proceeding heard in South Australia, Tasmania, Victoria or Albury--the Melbourne Registry of the Federal Circuit and Family Court (Division 1); or
(d) for an appeal from an order made in Western Australia--the Registry of the Family Court of Western Australia.
"non-convention country" means a country with which Australia does not have a convention as to service of documents (see rule 2.49).
"Notice of Child Abuse, Family Violence or Risk" means the form referred to in rule 2.03.
"notice of contention" means a notice of contention referred to in rule 13.08.
Note 1: See the definition of sworn in this rule and in sections 21 to 24 of the Evidence Act 1995 .
Note 2: Subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.
(a) a decree, decision, declaration and judgment; and
(b) for an appeal or review of a decision--a refusal to grant an application or make an order.
"ordinary service" means service in accordance with Division 2.6.3.
"parenting order" has the meaning given by subsection 64B(1) of the Family Law Act.
"parenting plan" has the meaning given by subsection 63C(1) of the Family Law Act.
"parenting proceeding" means a proceeding in which the application seeks a parenting order or a child related injunction under Part VII of the Family Law Act (other than an application for child maintenance).
"party" includes the following:
(a) an applicant in a proceeding;
(b) an appellant in an appeal;
(c) a respondent to an application or appeal;
(d) an intervener in a proceeding.
"party to a financial proceeding" includes a payee and any other respondent to an enforcement application.
"payee" means a person who is entitled to take action against a payer to enforce an obligation to pay money, created by an assessment, order or agreement, with which the payer has not complied.
Note: The Child Support Registrar is a payee in relation to a registered child support liability.
"payer" means a person who has an obligation to pay money to, or do an act to financially assist, a payee under an assessment, order or agreement.
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"permission" means the leave or consent of the court.
"person" includes a corporation, authority or party.
"personal service" means service in accordance with Division 2.6.2.
"person subpoenaed" means a person required by a subpoena to produce a document or give evidence.
"police record" , for a person, means records relating to the person kept by police, including statements, police notes and records of interview.
"post-separation parenting program" has the meaning given by subsection 4(1) of the Family Law Act.
"pre-action procedures" means the set of principles and procedures, the text of which is set out in Schedule 1, with which the parties must comply before starting a proceeding.
"prescribed child welfare authority" has the meaning given by subsection 4(1) of the Family Law Act.
"prescribed property" , for a person, means the following:
(a) clothes, bed, bedding, kitchen furniture (not including an automatic dishwasher or microwave) and washing machine;
(b) ordinary tools of trade, plant and equipment, professional instruments and reference books, the combined value of which is not more than $5,000.
"primary order" has the meaning given by subsection 4(1) of the Family Law Act.
"property" has the meaning given by subsection 4(1) of the Family Law Act.
Examples: Real property; personal property; superannuation.
"property proceeding" means a proceeding in which orders (other than consent orders) are sought relating to:
(a) the property of the parties to a marriage, or of a de facto relationship after the breakdown of the relationship, or of either of them; or
(b) the vested bankruptcy property in relation to a bankrupt party to a marriage, or of a de facto relationship after the breakdown of the relationship.
"protected earnings rate" means the actual threshold income amount that would apply to a payer under Division 4B of Part VI of the Bankruptcy Act if the payer were a bankrupt.
"recovery order" has the meaning given by section 67Q of the Family Law Act.
"Registration Act" means the Child Support (Registration and Collection) Act 1988 .
"Registry Manager" has the meaning given by subsection 4(1) of the Family Law Act.
"seal" means a stamp or other impression that the court puts on a document to indicate that the document has been issued by the court.
"sealed copy" means a document that bears a court seal.
"security for costs" means the security that a respondent may ask the court to order the applicant to pay for costs that may be awarded to the respondent.
"serve" means to give or deliver a document to a person in the manner required by these Rules (see Parts 2.6 and 2.7).
(a) to write one's own name; and
(b) if a person is unable to write the person's name--to make a mark; and
(c) to sign electronically.
"single expert witness" means an expert witness who is appointed by agreement between the parties, or by the court, to give evidence or prepare a report on an issue (see Division 7.1.2).
"special federal matter" has the meaning given by subsection 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 .
"specific questions" has the same meaning as interrogatories.
"State child order" has the meaning given by subsection 4(1) of the Family Law Act.
"step" means a procedural act taken in the conduct or management of a proceeding.
"step-parent" has the meaning given by subsection 4(1) of the Family Law Act.
"submitting notice" means a submitting notice referred to in rule 2.22.
"subpoena" means a summons issued by the court that requires a named person to do either or both of the following:
(a) attend the court to give evidence;
(b) bring one or more documents or things to the court.
"superannuation information form" means a form approved by the Chief Executive Officer for obtaining information from the trustee of a superannuation fund in family law proceedings.
"sworn" , for an affidavit or evidence, means an oath by a witness that the witness is telling the truth.
Note: See also the definition of oath in this rule.
"termination agreement" has the meaning given by subsection 90J(1) of the Family Law Act.
"Third Party Debt Notice" means a notice given to a third party who holds money for, or owes money to, a payer that demands that any of that money be paid to a payee to satisfy an obligation that the payer owes the payee (see Division 11.1.4).
"third party debtor" means a person from whom a payee claims a debt that is owed to the payer.
"transcript" means a written record of a hearing or a trial prepared by a contractor providing transcription services to the court for the proceeding.
"trial" means the process of determining a proceeding started by an Initiating Application (Family Law).
"undertaking as to damages" means an undertaking referred to in subrule 10.18(5).
"vexatious proceedings order" :
(a) has the meaning given by subsection 102Q(1) of the Family Law Act; and
(b) includes an order made under subsection 239(2) of the Federal Circuit and Family Court Act.
"written notice" means a document (for example, a letter) that complies with rule 2.14.
(2) A definition of a word or expression in subrule(1) applies
to each use of the word or expression in these Rules, unless the context does
not permit.