{"id":"C2004L02219","name":"Family Law Rules 1984","slug":"family-law-rules-1984","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"425 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":26114,"registerId":"commonwealth-C2004L02219-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sittings and holidays","content":"1 Sittings and holidays\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Office hours","content":"2 Office hours\n\nOrder 7 Proceedings for principal relief\n\n2 Filing applications\n\n3 Application for decree of nullity of marriage — Form 2\n\n4 Application for decree of dissolution of marriage — Form 4\n\n5 Application for declaration under section 113 of Act — Form 6\n\n6 Filing of marriage certificate etc with application\n\n7 Fixing of hearing date\n\n8 Response — Form 13\n\n9 Response objecting to jurisdiction — Form 14\n\n10 Time for filing response\n\n11 Response out of time\n\n12 Application for rescission of decree nisi — Form 8\n\n13 Discontinuance of application\n\nDivision 2 Proceedings for dissolution of marriage in the absence of parties\n\n14 Hearing in absence of parties\n\n15 Request not to hear proceedings in parties’ absence — Form 10\n\nOrder 8 Applications other than for principal relief\n\n2 No affidavits to be filed\n\nDivision 2 Application, hearing date and directions hearing\n\n3 Form of application — Form 3 or 8\n\n3AA Use of Forms 3, 3A and 3B\n\n3A Application for interim or procedural order only if final orders sought\n\n4 Application where no Form prescribed — Form 8\n\n5 Application by amendment\n\n6 Contents of application\n\n7 Affidavit in support\n\n9 Hearing dates\n\n10 Hearing date — court of summary jurisdiction\n\n11 Service of application\n\nDivision 3 Documents to be filed with application\n\n12 Filing of marriage certificate or other document with application\n\n13 Application seeking financial relief\n\nDivision 3A Proceeds of crime orders and forfeiture applications\n\n13A Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)\n\nDivision 4 Response and reply\n\n14 Response to application — Form 3A\n\n15 Applicant’s reply in certain circumstances — Form 3B\n\n16 Time for service of response and reply\n\n17 Response to Form 8 application — Form 8A\n\n18 Time to file and serve response to Form 8 application\n\n19 Response objecting to jurisdiction — Form 14\n\nOrder 8A Federal Magistrates Court\n\nDivision 1 Transfer of proceedings from the Federal Magistrates Court\n\n1 Order must be filed\n\n2 Filing and service\n\n3 Conduct of a transferred proceeding\n\nDivision 2 Transfer of proceedings to the Federal Magistrates Court\n\n4 Application for transfer by a party\n\n5 Transfer on court’s own motion\n\n6 Factors to be considered\n\n7 Proceeding transferred to the Federal Magistrates Court\n\nOrder 9 Conduct of proceedings other than for principal relief\n\nDivision 1 Application\n\nDivision 1A Case assessment conference\n\n1A Case assessment conference\n\n1B After case assessment conference\n\nDivision 2 Directions hearing\n\n2 Scope of directions hearing\n\n3 Adjournment of directions hearing\n\nDivision 3 Amendment\n\n5 Amendment by a party\n\n6 Amendment by the court\n\n7 Time limit for amendment by leave of the court\n\n8 Filing amendment by party\n\n9 Endorsement of amended document\n\n10 Service of amended document\n\n11 Response to amended document\n\nDivision 4 Discontinuance\n\n12 Discontinuance — Form 15A\n\nOrder 11 Proceedings for maintenance or contribution\n\nDivision 2 Applications for maintenance and property\n\n1A Application for spousal maintenance and property\n\nDivision 3 Applications for maintenance only\n\n1B Application for maintenance or contribution only — Form 12\n\n2 Hearing date\n\n3 Certain documents not required\n\n3A Application for step-parent to maintain\n\n4 Response — Form 12B\n\n5 Information to be provided\n\n6 Documents to be provided by respondent\n\n7 Hearing\n\nOrder 12 Urgent ex parte applications\n\n1 Ex parte applications\n\n2 Form of application\n\n3 Evidence supporting ex parte application\n\n4 Directions for further hearing where no order made\n\n5 Directions for further hearing where order made\n\nOrder 13 Oral applications in pending proceedings\n\n1 Oral applications during a hearing\n\n2 Orders without written application\n\nOrder 14 Consent orders and orders under section 87 of the Act\n\nDivision 1 Consent orders\n\n1 Applications for consent orders\n\n2 Applications for consent orders — Form 12A\n\n3 Completing the application\n\n3A Order for superannuation interest\n\n4 Original and copies of orders sought to be filed with application\n\n5 Filing period — consent lapses after 60 days\n\n6 Who can make consent orders?\n\n7 Application in pending proceedings\n\n8 Written consent by party to proceedings\n\n8A Proposed order for superannuation interest\n\nDivision 2 Applications under section 87 of the Act\n\n9 How to apply\n\n10 Documents to be filed by applicant\n\n11 Documents to be filed by respondent\n\nOrder 15 Parties and next friends\n\nDivision 1 Parties\n\n1 Application for parenting order\n\n2 Person may be joined as party\n\n3 Party may apply to be removed\n\n4 Court may order notice to be given\n\nDivision 2 Intervention\n\n5 Intervention in proceedings by a person not a party\n\n6 Intervention by Attorney-General in proceedings generally\n\n7 Child to whom State welfare law applies\n\nDivision 3 Proceedings after death\n\n8 Proceedings after death of a person\n\nDivision 4 Person needing next friend\n\n9 Definition\n\n10 Instituting, continuing, defending or intervening in proceedings\n\n11 Conduct of proceedings by next friend\n\n12 Service\n\n13 Attorney-General may appoint next friend\n\n14 Court may appoint next friend\n\n15 Application for appointment of next friend (for respondent)\n\n16 Person taken to be appointed next friend\n\n17 Notice of becoming next friend\n\n18 Removal of next friend\n\n19 Costs and expenses of next friend\n\nOrder 16 Affidavits\n\n1 Form of affidavit — Form 16\n\n2 Signing of affidavit\n\n3 Affidavit by blind or illiterate person etc\n\n4 Documents attached or exhibited\n\n5 Cover sheet\n\n6 Name of person who prepares or settles affidavit\n\n7 Filing and service of affidavit\n\n8 Affidavit that does not comply with these Rules\n\n9 Striking out of objectionable material\n\n10 Notice to attend for cross-examination\n\n11 Deponent’s attendance and expenses\n\n12 Dates etc to be in figures\n\n13 Two or more deponents\n\n14 Affidavits not to be filed\n\nOrder 17 Financial circumstances\n\n2 Superannuation information form and financial statement (Form 17)\n\n3 Full and frank disclosure\n\n4 Production of documents\n\n5 Amendment of statement if circumstances change\n\nOrder 18 Service\n\nDivision 1 Address for service\n\n1 Address for service — right to be heard in proceedings\n\n2 Giving address for service\n\n3 Change of address for service\n\n4 Notifying other parties of address for service\n\nDivision 2 When and how are documents served?\n\n5 When, and on whom, must documents be served?\n\n6 Service by hand\n\n7 Service of applications for divorce or other principal relief\n\n8 Service of summary applications for maintenance\n\n8A Service of application or order for superannuation interest\n\n9 Service of other documents on individuals\n\n10 Service on bodies corporate\n\n10A Service of documents under the corporations jurisdiction\n\n11 Additional requirements for service by post\n\n12 When is a service by post effected?\n\n13 Court’s discretion relating to service\n\nDivision 3 Proof of service\n\n14 Acknowledgment of service\n\n15 Affidavit of service\n\n16 Evidence of service of documents\n\nDivision 4 Discretion as to service\n\n17 Court may dispense with service of documents\n\n18 Failure to comply with conditions\n\nOrder 19 Answers to specific questions\n\n1 Specific questions\n\n2 Number of requests\n\n3 Answer to specific question\n\n4 Service of specific question and answer\n\n5 Answers not required before discovery\n\n6 Order directing party to answer specific question\n\n7 Use of specific question or answer etc\n\nOrder 20 Discovery and inspection\n\n1 Mutual and informal discovery\n\n2 Request to make discovery\n\n3 Time for, and form of, discovery\n\n4 Order to make discovery\n\n4A Electronic exchange\n\n5 Production of documents to the court\n\n6 Notice to produce\n\n7 Application for production by other persons\n\n8 Production by other persons\n\n9 Order for particular discovery\n\n10 Inspection of documents produced by order\n\n10A Request for inspection\n\n11 Copies of documents inspected\n\n12 Failure to make discovery or give inspection\n\n13 Documents not discovered or produced\n\n14 Certified copies of documents and entries in books\n\n15 When order not to be made\n\n16 Where production no longer required\n\n17 Costs and expenses of production\n\n18 Tender of reasonable expenses\n\n19 Return after production\n\n20 Interpretation\n\nOrder 21 Preservation of property\n\n1 Orders for preservation\n\n2 Entry onto land etc\n\nOrder 22 Admissions\n\n1 Voluntary admission\n\n2 Notice to admit facts or documents\n\n3 Admission of documents discovered\n\nOrder 23 Children\n\n2 Child party — court may require next friend\n\n3 Application for separate representation\n\n4 Interviews\n\n5 Child as a witness\n\nOrder 23A Notification of child abuse or family violence order\n\n1 Filing of notice under section 67Z of the Act\n\n2 Service of notice\n\n3 Informing court of family violence order\n\n4 Variation of Division 11 contact order — Form 23A\n\nOrder 23B Special medical procedures\n\n1 Approval of medical procedures for children\n\n2 Who may apply for a medical procedure order?\n\n3 Form of application\n\n4 Respondent to application\n\n5 Affidavits supporting the application\n\n6 Return date of application\n\n7 Proceedings on return day\n\n8 Hearing an application\n\n9 Reasons for decision\n\nOrder 24 Conciliation conferences and information sessions\n\n1 Conciliation conferences\n\n2 Documents about financial matters\n\n4 Unresolved issues\n\n5 Information sessions\n\nOrder 24A Pre-trial conferences\n\n2 Matters to be considered at pre-trial conference\n\n3 Attendance at pre-trial conference\n\n4 Conduct of pre-trial conference\n\nOrder 25 Counselling and family reports\n\nDivision 1 Counselling\n\n1 Nomination of person to assist reconciliation\n\n2 Notice or request seeking counselling\n\n3 Advice as to effect of proceedings\n\n4 Form of certificates under subsection 44 (1B) and subsection 44 (1C)\n\n4A Memorandum to the court\n\nDivision 2 Family reports\n\n5 Reports of family and child counsellors\n\nOrder 25A Mediation\n\nDivision 2 Voluntary mediation\n\n2 Form of notice for the help of a mediator\n\n3 Information about mediation\n\n4 Interview to decide whether dispute may be mediated\n\n5 Matters to be taken into account at interview\n\n6 If dispute not to be mediated\n\nDivision 3 Mediation ordered by the court\n\n8 Application for order under section 19B of the Act\n\nDivision 4 General\n\n10 Conduct of mediation conferences\n\n11 Parties may be attended by lawyers\n\n12 Mediator to advise parties to seek legal advice\n\n13 If a party does not attend a mediation conference\n\n14 If the mediator considers that mediation should not continue\n\n16 Action after mediation\n\n17 Registrar to make directions\n\n18 Court may take mediation into account\n\n20 If matters are resolved at mediation\n\n21 Advice as to effect of proceedings\n\nOrder 26 Registration of agreements, State child orders and debts due to the Commonwealth\n\n1 Registration of agreements under the Act\n\n2 Registration of agreements under section 87\n\n3 Registration of State child orders under section 70C or 70D of the Act\n\n4 Registration of debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988\n\nOrder 26A Parenting plans\n\nDivision 2 Registration of revocation agreements\n\n3 Application of Division\n\n4 Requirements for revocation agreement\n\n5 Application for registration of revocation agreement\n\n6 Court may require service or additional information\n\n7 Application may be heard in chambers\n\n8 Notice of decision in relation to registration\n\nDivision 3 Applications in relation to registered parenting plans\n\n16 Application of Division\n\n17 Form of application — Form 8\n\n18 Who may make an application?\n\n19 Respondent to application\n\n20 Service of application\n\nOrder 27 Change of venue\n\n1 Change of venue\n\n2 Applications under subsection 40 (6), 41 (4A) or 46 (3A) of the Act\n\n3 Matters to be considered\n\n4 Transmission of papers — subsections 40 (6) and 41 (4A)\n\n4A Transmission of papers — subsection 46 (3A)\n\n5 Transmission of papers — sections 45 and 46 of the Act\n\n6 Transmission of Court papers — generally\n\nOrder 28 Subpoenas\n\n1 Issue by Registrar\n\n2 Conduct money\n\n3 Production of books etc and access by parties\n\n4 Application of Order 20 to this Order\n\n6 Time for service\n\n7 Setting aside subpoena\n\n8 Non-compliance — warrant may issue\n\n9 Witnesses’ fees and expenses\n\n10 Interpretation\n\nDivision 2 Proceedings to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 applies\n\n11 Application of Division\n\n12 Interpretation\n\n13 Form of subpoena\n\n14 Leave to serve subpoena\n\n15 Contents of affidavit\n\n16 Service of leave application\n\n17 Hearing of leave application\n\n18 Conditions in giving leave\n\n19 Application to set aside subpoena\n\n20 Production of document or thing in accordance with subpoena\n\n21 Non-compliance with subpoena\n\nOrder 29 Offers of settlement\n\n1 Filing of copy of offer, acceptance or withdrawal of offer\n\n2 Further offer may be made\n\nOrder 30 Evidence\n\n1 Oaths and affirmations\n\n1A Court may give directions\n\n1B Order for adducing evidence\n\n1C Opening and closing addresses\n\n1D Directions for trial management\n\n2 Evidence in chief\n\n2AA Admissibility of affidavits\n\n2AAA Taking evidence by electronic means\n\n2AAB Taking foreign evidence by electronic means\n\n2AB Admissibility of oral evidence\n\n2AC Hearsay evidence — notice under section 67 of the Evidence Act 1995\n\n2A Evidence in interim or procedural applications\n\n4 Transcript receivable in evidence\n\n5 Court may call evidence\n\n6 Order for examination of witness\n\n7 Letters of request\n\n8 Evidence of New Zealand matters\n\nOrder 30A Expert evidence\n\nDivision 3 Court experts\n\n3 Appointment of court expert\n\n4 Report\n\n5 Cross-examination\n\n6 Remuneration\n\n7 Response to evidence of court expert\n\nDivision 4 Limitation of expert evidence\n\n8 Intention to call 2 or more experts — direction by court\n\nDivision 5 Conference of experts\n\n9 Evidence of expert witnesses\n\nOrder 30B Assessors\n\n1 Court may call in assessors\n\n2 Procedure at hearings with assessors present\n\n3 Remuneration of assessors\n\nOrder 31 Decrees\n\n2 Decree of nullity\n\n3 Death of party after decree nisi but before decree absolute\n\n5 Certificate of decree or order\n\n6 Errors in record of decrees\n\n7 Registration of decrees\n\n9 Maintenance orders\n\n10 Form of undertakings\n\n11 When may a lawyer give an undertaking?\n\nOrder 31A Jurisdiction under Cross‑vesting Act\n\n2 Cross-vesting provisions to prevail\n\n3 Application for transfer of proceedings\n\n4 Proceedings involving cross-vesting law\n\n5 Transfer under cross-vesting laws\n\n6 Conduct of proceedings in Family Court\n\nOrder 31B Child support jurisdiction\n\nDivision 2 Applications or appeals under the Assessment Act and the Registration Act other than appeals from a court of summary jurisdiction or to a Full Court\n\n3 Interpretation\n\n4 Form of application — Form 63 or 64\n\n5 Hearing of application or appeal\n\n6 Service of application or appeal\n\n7 Proceedings in relation to an application or appeal\n\nDivision 3 Special provisions relating to specific applications or appeals\n\n8 Provisions of Division 2 still apply\n\n9 Application under subsection 95 (6) of the Assessment Act\n\n10 Application for declaration under subsection 106 (1), 106A (1) or 107 (1) of Assessment Act\n\n11 Appeal against assessment under subsection 110 (1) of Assessment Act\n\n12 Application for order for departure from administrative assessment under section 98, 116, 123 or 129 of Assessment Act\n\n14 Appeal under section 132 of Assessment Act\n\n15 Affidavit to be filed with application under section 140 of the Assessment Act\n\n16 Appeal under section 88 of Registration Act\n\nDivision 4 Application for leave to appeal or review\n\n18 Leave to appeal from decision of court of summary jurisdiction\n\n19 Affidavit to be filed with application\n\n20 Hearing date\n\n21 Papers relating to application for leave\n\n22 Service of application for leave to appeal\n\n23 Transmission of papers\n\n24 Hearing\n\n25 Application for leave to appeal\n\n26 Appeals to the Full Court\n\n27 Review of decision of Judicial Registrar\n\nDivision 5 Miscellaneous\n\n29 Copies of orders to Child Support Registrar\n\n30 Service by Child Support Registrar\n\n31 Application for counselling\n\n32 Intervention by Child Support Registrar\n\n33 Registration of child support agreements\n\nOrder 31C Judiciary Act 1903 — section 78B\n\n1 Notice of a constitutional matter — Form 41B\n\n2 Notice to Attorneys-General — Form 41B\n\n3 Filing of affidavit of service\n\nOrder 32 Appeals to Full Court\n\n","sortOrder":1},{"sectionNumber":"1A","sectionType":"section","heading":"Application of Order 32","content":"1A Application of Order 32\n\n2 Institution of appeal\n\n2AA Referral to Chief Justice\n\n2A Documents filed in connection with appeal — Form 41C\n\n3 Service of notice of appeal\n\n3A Child welfare appeals — child’s representative\n\n4 Stay of proceedings\n\n6 Amendment of notice of appeal\n\n7 Cross-appeals\n\n7A Pre-argument statement\n\n7B Directions hearing\n\n7C Conduct of directions hearing\n\n7D Settlement conference\n\n7E Conduct of directions hearing or settlement conference by electronic means\n\n7F Directions at conclusion of directions hearing or settlement conference\n\n9 Exhibits etc\n\n11 Draft index to appeal papers\n\n13 Transcript\n\n14 Appeal papers\n\n15 Preparation of appeal papers\n\n16 Hearing date for appeal\n\n16A Further evidence on appeal\n\n16B Summary of argument and list of authorities\n\n17 Expediting an appeal\n\n17A Certain applications may proceed without oral hearing\n\n18 Dismissal of appeal\n\n19 Procedures on application for dismissal\n\n19AA Short reasons for decision\n\n19A Withdrawal of appeal\n\n20 Application for certificate to appeal to High Court\n\n21 Case stated\n\n22 Application to court\n\n23 Hearing an application\n\n24 Withdrawal of application\n\nOrder 32A Applications for leave to appeal to Full Court\n\n1A Application of Order 32A\n\n2 Institution of applications\n\n2A Referral to Chief Justice\n\n3 Time for filing an application\n\n4 Affidavit in support of an application\n\n5 Service\n\n5A Stay of execution of decree appealed from\n\n6 Directions\n\n7 Supporting submissions\n\n8 Hearing of application\n\n9 Leave to appeal may be on terms\n\nOrder 32B Appeal for hearing by a single judge\n\n1 Application of Order 32B\n\n5 Documents filed with appeal — Form 41C\n\n6 Service of notice of appeal\n\n7 Child welfare appeals — child’s representative\n\n8 Stay of proceedings\n\n9 Security for costs\n\n10 Amendment of notice of appeal\n\n11 Cross-appeals\n\n12 Exhibits etc\n\n13 Notifying parties about appeal etc\n\n14 Directions hearing\n\n15 Filing and service of reasons for judgment\n\n16 Settlement conference\n\n17 Conduct of directions hearing or settlement conference by electronic means\n\n18 Transcript of proceedings\n\n19 Further evidence on appeal\n\n20 Expediting an appeal\n\n21 Certain applications may proceed without oral hearing\n\n22 Dismissal of appeal\n\n23 Procedures on application for dismissal\n\n24 Short reasons for decision\n\n25 Withdrawal of appeal\n\n26 Application for certificate to appeal to High Court\n\n27 Application to court\n\n28 Withdrawal of application\n\nOrder 32C Applications for leave to appeal to a single judge from the Federal Magistrates Court\n\n1 Application of Order 32C\n\n3 Institution of applications\n\n5 Time for filing an application\n\n6 Affidavit in support of application\n\n7 Service\n\n8 Stay of execution of decree\n\n9 Directions\n\n10 Supporting submissions\n\n11 Leave to appeal may be on terms\n\nOrder 32D Appeals from courts of summary jurisdiction\n\n1 Application of Order 32D\n\n2 Definition\n\n4 Time for filing a notice of appeal\n\n5 Fixing a hearing date\n\n6 Service\n\n7 Stay of proceedings\n\n8 Transmission of papers\n\nOrder 33 Enforcement\n\n1 Definitions\n\n2 Enforcement of obligations\n\n3 Summary procedures on failure to comply with obligation\n\n4 Garnishment\n\n5 Seizure and sale of personal property\n\n6 Sequestration of estate\n\n7 Power of sale of real property\n\n8 Certificate as to payments under maintenance order\n\n9 Certain orders enforceable in South Australia\n\n10 Payment into court by order\n\nOrder 34 Recovery orders, warrants and procedure after arrest\n\nDivision 1 Recovery orders\n\n2 Application for recovery order — Form 8\n\n3 Form of recovery order — Form 34\n\n4 Service of application\n\n4A Service of recovery order\n\nDivision 2 Warrants\n\n6 Form of warrant — Form 51 or 53\n\n7 Execution of warrants\n\n8 How long does a warrant remain in force?\n\nDivision 3 Procedure after arrest\n\n9 Application of Division\n\n10 Person arrested may be held in custody\n\n11 Persons taken into custody\n\nOrder 35 Contraventions, offences and contempt\n\n2 Application of order\n\n3 Who may make an application?\n\n4 Service\n\nDivision 2 Applications\n\n5 Contravention of orders not affecting children — Form 48\n\n6 Contravention of orders affecting children — Form 49\n\n7 Imposition of sanction for preventing or hindering action under a third party recovery order — Form 35\n\n9 Contempt in the face of the court — Form 8\n\n10 Contempt other than in the face of the court — Form 47\n\nDivision 3 Hearing of applications\n\n11 Hearing date\n\n12 Arrest of respondent for failure to appear at hearing — Form 8\n\n13 Respondent may be held in custody\n\n14 Procedure at hearing\n\n16 Duties of provider of program\n\n17 Relisting for directions\n\nDivision 4 Information laid before a magistrate\n\n18 Information laid before a magistrate — Form 49A\n\nOrder 36 Powers of Registrars\n\n1 Exercise of powers and functions of Registrar\n\nDivision 2 Certain powers of Registrars of the Family Court of Australia\n\n2 Interpretation\n\n5 Power to summon witnesses\n\n6 Protection and immunity\n\nOrder 36A Delegation of powers to Registrars and Judicial Registrars\n\n2 Delegation of powers to Registrars\n\n3 Delegation of powers to Judicial Registrars\n\n3A Property value exceeding limit — power to determine proceedings\n\n4 Protection and immunity of Judicial Registrar\n\n5 Prescribed times for review\n\n6 Extensions of time\n\n7 Procedure on application for review\n\nOrder 37 Representation by lawyers\n\n1 Change of lawyer\n\n2 Lawyer not to represent parties with adverse interests\n\nOrder 38 Costs\n\n3 Interest on outstanding costs\n\nDivision 2 Notification of costs\n\n4 Notification to party at certain stages in proceeding\n\n5 Notification to party before final hearing\n\n6 Notification to court and other party of costs\n\nDivision 3 Lawyer’s fees and disbursements\n\n7 Division subject to costs agreement\n\n8 Proper costs\n\n9 Additional charge for skill etc\n\n10 Work not reasonably required for proceeding\n\n11 Charge for each page\n\n12 Copying, postage within Australia and local telephone calls\n\n13 Lawyer and client costs — lawyer acting as counsel\n\n14 Preparation of appeal papers\n\n15 Costs for proceeding not instituted together\n\n16 Work done by employees etc\n\n17 Waiting and travelling time\n\n18 Agent’s fees\n\n19 Expenses for attendance by witness\n\n20 Expenses for preparation of report by expert\n\n21 Costs improperly or negligently incurred\n\n22 Undefended proceeding for dissolution of marriage — basic composite amount\n\nDivision 4 Fees for counsel’s work\n\n23 Party and party costs — fees for lawyer briefed as counsel\n\n24 Lawyer and client costs — fees for lawyer briefed as counsel\n\n25 Certificate that reasonable to brief lawyer as counsel\n\nDivision 5 Lawyer and client agreements\n\n26 Agreements as to costs\n\n27 Validity and effect of costs agreements\n\n28 Costs to be in accordance with costs agreement\n\nDivision 6 Costs orders\n\n29 Application for costs order\n\n30 Assessment of costs\n\n31 Unquantified costs\n\n32 Costs order for specific amount instead of taxed costs\n\n33 Costs order for proceeding in other courts\n\n34 Disallowance of certain costs\n\n35 Costs orders against lawyers\n\nDivision 7 Accounts and bills\n\n36 Notice of rights\n\n37 Steps before costs may be recovered\n\n38 Requesting and serving bill of costs — lawyer and client\n\n39 Requesting and serving bill of costs — party and party\n\n40 Requirements of bill — Form 56\n\n41 Amendment of bill\n\nDivision 8 Disputing a bill\n\n42 Notice disputing bill — Form 57\n\nDivision 9 Taxing a bill\n\n43 Taxing officers\n\n44 Fixing of taxation hearing\n\n45 Certificate of taxation — no notice of dispute\n\n46 Certificate of taxation — Form 58\n\n47 Disputed taxation hearing\n\n48 Powers of taxing officers\n\n49 Taxation principles\n\n50 Agreement between lawyer and legal aid body\n\n51 Costs to be allowed on taxation\n\n52 Exercise of discretion\n\n53 Allowance for matters not specified\n\n54 Costs improperly, unreasonably or negligently incurred\n\n55 Taxation on party and party basis — counsel’s fees\n\n56 Neglect or delay before taxing officer\n\n57 Costs of taxing a bill\n\n58 Certificate of taxation to be judgment for debt\n\nDivision 10 Review of taxation\n\n59 Interpretation\n\n60 Review of taxation\n\n61 Time for filing application for review\n\n62 Further evidence\n\n63 Issues that may be raised at hearing of review\n\n64 Powers of court\n\nOrder 39 Publication of lists\n\n1 Mode of publication\n\n2 Lists to be provided by Registrar\n\n3 Content of lists\n\n5 Interpretation\n\nOrder 40 Miscellaneous\n\n1 Rate of interest\n\n2 Court may act on certain Commonwealth publications\n\n3 Particulars of employment and earnings\n\n4 Form of bond\n\n6 Frivolous and vexatious proceedings\n\n7 Application for leave\n\nOrder 41 Corporations jurisdiction\n\nDivision 2 Applications under the Corporations Act 2001\n\n2 Application of Division\n\n3 Application of Corporations Rules\n\n4 Applications under the Corporations Act 2001\n\nDivision 3 Transfer of proceedings under the Corporations Act 2001\n\n7 Application\n\n8 What provisions of these Rules prevail if they are inconsistent?\n\n9 Application for transfer of proceedings under the Corporations Act 2001\n\n10 Content of an application for transfer of proceedings\n\n11 Transfer of proceedings to another court\n\n12 Transfer of proceedings to a Family Court\n\n13 Conduct of transferred proceedings in Family Court\n\nOrder 1 Preliminary\n\n1 Name of rules \\[see Note 1\\]\n\nThese rules are the Family Law Rules 1984.\n\n2 Date of operation and application of Rules\n\n(1) These Rules shall come into operation on 2 January 1985.\n\n(2) These Rules apply to and in relation to all proceedings under the Act, the Regulations or these Rules, whether commenced before or after the commencement of these Rules.\n\n(3) These Rules extend, so far as applicable and subject to any other law, to the exercise by the Family Court of Australia of its jurisdiction in matters other than matrimonial causes.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Saving provisions","content":"3 Saving provisions\n\n(1) Subject to subrules (4) and (5), proceedings pending and orders or directions made, appointments made, documents filed or served, or any other act or thing done, before 2 January 1985 in accordance with the Regulations, shall, if of a kind to which these Rules apply, be treated as if pending, made, filed, served, or done, as the case requires, in accordance with these Rules.\n\n(2) Subject to subrules (4) and (5), an obligation incurred or undertaking given under the Regulations before 2 January 1985 shall, if of a kind to which these Rules apply, be treated as if incurred or given under these Rules.\n\n(3) Subject to subrules (4) and (5), where a person has, before 2 January 1985, omitted to do any act or thing in accordance with the Regulations and the act or thing is one of a kind to which these Rules apply, the act or thing shall be treated as if omitted to be done under these Rules unless subsequently done in accordance with these Rules.\n\n(4) These Rules do not operate to work a revival of any period of time for the doing of any act or thing, being a period of time which, under the Regulations, has expired before 2 January 1985.\n\n(5) A period of time under the Regulations that is running but has not yet expired before 2 January 1985 shall, if the matter in respect of which it is running is a matter to which these Rules apply, continue to run as if these Rules had not come into operation.\n\n(1) In these Rules, unless the contrary intention appears:\n\n> ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.\n\n> abuse, in relation to a child, has the meaning given by section 60D of the Act.\n\n> Act means the Family Law Act 1975.\n\n> address for service, in relation to a person and proceedings, means:\n\n(a) an address for service given in the proceedings in relation to the person in accordance with subrule 2 (1) of Order 18; or\n\n(b) the address that is taken to be the person’s address for service in the proceedings under subrule 2 (2) of Order 18.\n\n> applicant means a person who makes an application.\n\n> application means:\n\n(a) an application instituting proceedings under the Act, the regulations, these Rules or any other law in respect of which jurisdiction is vested in the Family Court; or\n\n(b) an application for leave to intervene;\n\nand includes a response to an application and a reply.\n\n> Assessment Act means the Child Support (Assessment) Act 1989.\n\n> birth certificate means:\n\n(a) a certificate of a birth or a certified copy of the certificate; or\n\n(b) a certified copy of:\n\n(i) the entry of a birth in a Register of Births; or\n\n(ii) an extract of the entry of a birth in a Register of Births.\n\n> bond includes recognisance.\n\n> case assessment conference means a conference held in accordance with Order 9, Division 1A.\n\n> cause of action means a claim in any proceedings other than proceedings for principal relief and does not include an application for interim or procedural relief.\n\n> certified copy, in relation to a document, means a copy of the document certified to be a true copy by the person having custody, possession or control of the document, or by another person at his direction, and includes a copy of the document bearing the seal of a court and the original document.\n\n> Chief Executive Officer means the Chief Executive Officer of the Family Court of Australia.\n\n> Chief Judge has the same meaning as in Part IV of the Act.\n\n> Chief Justice means the Chief Judge.\n\n> Child Support Registrar has the same meaning as in the Child Support (Registration and Collection) Act 1988.\n\n> conciliation conference means a conference held under Order 24.\n\n> corporation has the meaning given by the Corporations Act 2001.\n\n> cover sheet means a page covering a document being, in the case of a document to be folded lengthwise, a backsheet or, in any other case, a front sheet.\n\n> divorce means dissolution of marriage.\n\n> electronic means includes transmission of information in the form of data, text, speech or images by telephone or video conferencing, closed circuit television, fax or e-mail.\n\n> Family Court means the Family Court of Australia or a State Family Court.\n\n> filed means filed in accordance with Order 2, rule 4 and file and filing have a corresponding meaning.\n\n> filing registry means, in relation to particular proceedings instituted in a court, the registry of that court in which the proceedings were instituted or, if the proceedings have been transferred to another registry of that court or to a registry of another court, then that registry.\n\n> folio means 100 words, in writing.\n\n> intervener means, in relation to proceedings, the Attorney-General or any other person when intervening under Part IX of the Act.\n\n> lawyer means a solicitor, barrister or other legal practitioner who is entitled to practise in a Family Court.\n\n> marriage certificate means:\n\n(a) a certificate of a marriage or a certified copy of the certificate; or\n\n(b) a certified copy of:\n\n(i) the entry of a marriage in a Register of Marriages; or\n\n(ii) an extract of the entry of a marriage in a Register of Marriages.\n\n> member of the Court personnel has the meaning given by section 60D of the Act.\n\n> next friend includes guardian ad litem.\n\n> oath includes affirmation.\n\n> party, in relation to proceedings, means an applicant, respondent, or an intervener other than an intervener not deemed to be a party.\n\n> prescribed child welfare authority has the meaning given by section 60D of the Act.\n\n> pre-trial conference means a conference held under Order 24, paragraph 4 (1) (b).\n\n> Principal Registrar means the Principal Registrar of the Family Court of Australia.\n\n> Register of Births means an official public register of births kept under law.\n\n> Register of Marriages means an official public register of marriages kept under law.\n\n> Registration Act means the Child Support (Registration and Collection) Act 1988.\n\n> registry, in relation to a court, includes an office of the court.\n\n> Regulations means the Regulations under the Family Law Act 1975.\n\n> respondent means in relation to proceedings, a party to the proceedings other than an applicant.\n\n> sealed means sealed with the seal of the court or otherwise endorsed by an officer of the court.\n\n> Secretary means the Secretary to the Attorney-General’s Department.\n\n> State child order has the meaning given by section 70B of the Act.\n\n> superannuation information form, for a property settlement proceeding involving a superannuation interest, means the form approved by the Principal Registrar.\n\n> sworn includes affirmed.\n\n> trial notice, in relation to proceedings, means a notice issued by the court, setting out orders for the preparation of the proceedings for trial.\n\n> Note 1 Several other words and expressions used in these Rules have the meaning given by section 4 of the Act. For example:\n\n> Note:  appeal\n\n> Note:  Appeal Division\n\n> Note:  court\n\n> Note:  decree\n\n> Note:  DPP\n\n> Note:  financial matters\n\n> Note:  forfeiture application\n\n> Note:  Full Court\n\n> Note:  proceedings\n\n> Note:  proceeds of crime order\n\n> Note:  property settlement or spousal maintenance proceedings\n\n> Note:  Registrar.\n\n> Note 2 Section 90MD of the Act defines several words and expressions for Part VIIIB of the Act in relation to superannuation interests. For example:\n\n> Note:  eligible superannuation plan\n\n> Note:  flagging order\n\n> Note:  member spouse\n\n> Note:  non-member spouse\n\n> Note:  payment flag\n\n> Note:  payment split\n\n> Note:  RSA\n\n> Note:  splitting order\n\n> Note:  superannuation agreement\n\n> Note:  superannuation interest\n\n> Note:  trustee.\n\n> Note 3 A number of words and expressions commonly used in Commonwealth legislation, and in these Rules, have, unless the contrary intention is indicated, the meaning or effect set out in certain Acts of general application. See, for example, the Acts Interpretation Act 1901 and the Crimes Act 1914.\n\n  \n\nOrder 2 Documents and forms\n\n1 Definition of document\n\nIn this Order, document means an application, affidavit, certificate, decree, order, notice or other writing to be filed, delivered or served, pursuant to the Act, the Regulations or these Rules in or in connexion with proceedings.\n\n1A Application of Order\n\nThis Order applies to a decree, order or agreement that is to be registered, or a document that is to be filed, under the regulations or these Rules even if no proceedings have been instituted in relation to that decree, order, agreement or document.\n\n2 Requirements with respect to documents\n\n(1) For the purposes of this rule, printed includes:\n\n(a) typewritten; or\n\n(b) machine printed; or\n\n(c) reproduced by mechanical, electronic, photographic or other means.\n\n(2) A document that is to be registered or filed must comply with subrule (3) unless:\n\n(a) the nature of the document renders compliance impracticable; or\n\n(b) the document is in accordance with a form that:\n\n(i) is prescribed in these Rules; and\n\n(ii) provides for the document to be set out in a manner that does not comply with subrule (3); or\n\n(c) under these Rules, the document must comply with a different requirement.\n\n(3) A document must:\n\n(a) be on durable white opaque paper of good quality, of the size known as ISO A4; and\n\n(b) be legible and without erasures, blotting out or material disfigurement; and\n\n(c) be:\n\n(i) mechanically or electronically printed; or\n\n(ii) if permitted by subrule (5), hand-printed in ink; and\n\n(d) have a margin at the left hand side of each page of not less than 30 millimetres; and\n\n(e) have a space of not less than 6 millimetres between each line and the next; and\n\n(f) be set out on only 1 side of the paper; and\n\n(g) have each page numbered; and\n\n(h) if rule 3 so requires — have a cover sheet in accordance with Form 1, Form 1A or Form 1B, under that rule; and\n\n(i) if the document is of more than 1 page, be securely fastened.\n\n(4) In a document that is in accordance with Form 4:\n\n(a) Parts A and B of the document must both be set out on the same sheet of paper; and\n\n(b) Part H (if applicable) and the notice of application must each begin at the top of a page.\n\n(4A) In a document that is in accordance with Form 12A:\n\n(a) Parts H and I must both be set out on the same sheet of paper; and\n\n(b) Parts J and K must both be set out on the same sheet of paper; and\n\n(c) if Part C, D, E, F, H or J of the Form is included in the document — that Part, or each of those Parts, must begin at the top of a page.\n\n(4B) In a document that is in accordance with Form 26A:\n\n(a) Parts F and G must both be set out on the same sheet of paper; and\n\n(b) Parts D, E, F, H and J must each begin at the top of a page.\n\n(5) Any document for which there is a prescribed form (other than an affidavit) may be hand printed.\n\n(6) A document that is in accordance with Form 1, 1A, 1B, 2A, 10, 18, 19, 20, 21, 22, 23, 26B, 38A or 42B must be set out on a single sheet of paper.\n\n3 Cover sheet\n\n(1) Subject to subrules (2), (3) and (4), a document in accordance with a form in Schedule 1 must not have a cover sheet.\n\n(2) A document in accordance with Form 16, 24, 25, 26, 27, 28, 41A, 45, 46, 46A, 49A, 55, 56, 59, 60, 61 or 62 must have a cover sheet in accordance with Form 1.\n\n(3) An document in accordance with Form 45A, 45B, 63, 64 or 65 must have a cover sheet in accordance with Form 1A.\n\n(4) The following documents must have a cover sheet in accordance with Form 1B:\n\n(a) a document to which Order 41, subrule 6 (2) applies;\n\n(b) an application made under the Corporations Act 2001.\n\n(5) If the filing registry in relation to proceedings is changed:\n\n(a) the cover sheet; or\n\n(b) if a document has no cover sheet — the front page;\n\nof a document filed in the proceedings after the change must show the new registry.\n\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Party to proceedings — corporation","content":"3A Party to proceedings — corporation\n\n(1) A document in which a corporation is named as a party to proceedings, or an application by a corporation for leave to intervene in proceedings, must include the following information:\n\n(a) the full name of the corporation;\n\n(b) the corporation’s ABN;\n\n(c) the corporation’s registered office.\n\n(2) The information must be set out:\n\n(a) on the cover sheet filed with the document; or\n\n(b) if the document has no cover sheet — on the front page of the document.\n\n","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Change of name of party","content":"3B Change of name of party\n\n(1) If the name of a party is changed after the commencement of proceedings, the party must, as soon as practicable after the change:\n\n(a) file a notice of change of name in accordance with Form 2A; and\n\n(b) serve a copy of the notice on each other party to the proceedings who has an address for service.\n\n(2) If a party has filed and served a notice of change of name under subrule (1), each party must use the new name in any documents filed in the proceedings after the notice has been filed.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Filing of documents","content":"4 Filing of documents\n\n(1) A document is filed in, or in connection with, proceedings if:\n\n(a) it is delivered to the filing registry; or\n\n(b) with the leave of a court or a Registrar — it is delivered to a registry that is appropriate in the circumstances;\n\nand the document is accepted for filing by the court or a Registrar.\n\n(2) During the hearing of proceedings by a court, a document relating to the proceedings may, by leave of the court, be filed by delivering it to an officer of the court.\n\n(3) The Registrar shall cause the date of filing to be marked on every document that is filed.\n\n(4) Where a document has been filed, each copy of the document for service shall bear the seal of the court in which the document was filed.\n\n(5) A reference in these Rules to the filing of a document or the taking of a step in proceedings by a person includes a reference to the filing of the document or the taking of the step on behalf of the person.\n\n","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Refusal to accept document for filing","content":"4A Refusal to accept document for filing\n\n(1) A Registrar may refuse to accept a document for filing, if:\n\n(a) it is not in proper form in accordance with these Rules; or\n\n(b) it is not executed in the way required by these Rules; or\n\n(c) the document, on its face, appears to the Registrar to be an abuse of process or frivolous, scandalous or vexatious; or\n\n(d) the document is filed in connection with pending proceedings in another court or another registry, and the registry is not the appropriate registry.\n\n(2) If a Registrar refuses to accept a document for filing, the person who sought to file the document may apply to the court for review of the Registrar’s decision.\n\n(3) A Registrar must accept an application for review of a decision not to accept a document for filing.\n\n(4) An application under subrule (2) must be made ex parte, in the first instance.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Forms","content":"5 Forms\n\n(1) In these Rules, a reference to a form by number is a reference to the form so numbered in Schedule 1.\n\n(1A) Strict compliance with the forms in Schedule 1 is not required and substantial compliance is sufficient.\n\n(1B) A document prepared in accordance with a form prescribed for the Federal Magistrates Court is taken to substantially comply with the appropriate form for the purpose of a Family Court proceeding.\n\n(2) Where a person referred to in a form in Schedule 1 is not represented by a lawyer, a reference in the form to the lawyer for the person shall be read as a reference to the person.\n\n(3) A document that is prepared in accordance with a form in Schedule 1 must be completed in accordance with any directions specified in the form, but the directions may be omitted from the document.\n\n(3A) The Principal Registrar may authorise the use of appropriate computer software for the purpose of reproducing a form in Schedule 1.\n\n(3B) A document that is prepared:\n\n(a) in accordance with a form in Schedule 1; and\n\n(b) with the use of authorised computer software;\n\nis taken to be completed in accordance with the form in Schedule 1.\n\n(4) Unless the contrary intention appears, a form or notice pursuant to these Rules may be signed or given by a party or by the lawyer for the party.\n\n(5) Where the lawyer for a party to proceedings is required or permitted to sign a document or give a notice for the purpose of those proceedings, it shall be sufficient for that purpose if it is signed or given by:\n\n(a) a partner or agent of, or lawyer employed by, that lawyer;\n\n(b) a partner of, or lawyer employed by, such an agent; or\n\n(c) where the lawyer for the party is employed in the Australian Legal Aid Office or in or by a body that is a relevant authority within the meaning of section 116C of the Act — any other lawyer employed in or by that Office or body.\n\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Removal of documents from Court file","content":"6 Removal of documents from Court file\n\n(1) A marriage certificate filed by a party may be removed from the court file by that party if the party files in its place a certified or photographic copy of the marriage certificate.\n\n(2) A document, other than a marriage certificate, filed by a party may, with the leave of the court or a Registrar, be removed from the court file by:\n\n(a) the party; or\n\n(b) a person who demonstrates to the court a proper interest in obtaining the document;\n\nsubject to such conditions as the court or a Registrar may determine.\n\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Filing a document by facsimile transmission","content":"7 Filing a document by facsimile transmission\n\n(1) Any document to be filed, except an application referred to in Order 7, Division 2 or a subpoena, may be lodged by facsimile transmission if:\n\n(a) the matter is urgent; and\n\n(b) where the party filing the document is not legally represented — the party lives more than 20 kilometres from the registry; and\n\n(c) where the party filing the document is legally represented — the lawyer’s principal office is more than 20 kilometres from the registry; and\n\n(d) it is not practicable to lodge the document in the registry in any other way.\n\n(2) A document to be filed must not be lodged by facsimile transmission in any other circumstances without the leave of the court.\n\n(3) Unless the court otherwise directs, if a document is lodged by facsimile transmission it must be accompanied by a letter to the Registrar, signed by the unrepresented party or the party’s lawyer, explaining:\n\n(a) the nature and immediacy of the damage or harm that may result if the document is not lodged by facsimile transmission; and\n\n(b) any other circumstances that justify lodging the document by facsimile transmission instead of lodging it in the registry.\n\n(4) If a document is lodged by facsimile transmission, the party filing the document must lodge the original document in the registry within 7 days after it was sent by facsimile transmission.\n\n(5) The cover sheet of the original document must be endorsed to the effect that the document is the original of a document previously lodged by facsimile transmission.\n\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Proceedings to be numbered","content":"8 Proceedings to be numbered\n\n(1) Subject to subrule (3), if:\n\n(a) an application instituting proceedings; or\n\n(b) an agreement or similar document;\n\nis filed or registered, the Registrar must allot the proceedings, or agreement or similar document, a distinctive number.\n\n(2) A document filed in, or issued out of, a registry in connection with particular proceedings must have the distinctive number of the proceedings endorsed on it.\n\n(3) If the Registrar considers it desirable to allot to proceedings the distinctive number already allotted to other proceedings, the Registrar may do so.\n\n  \n\nOrder 3 Time\n\n1 Computation of time\n\n(1) A period of time fixed by these Rules shall be reckoned in accordance with this rule.\n\n(2) Except as ordered by the court, time runs in connexion with proceedings during a period during which a registry of the court is not open.\n\n(3) Where a period of time of or exceeding one day in length is to be reckoned by reference to a particular day or to the occurrence of a particular event, that day, or the day on which that event occurs, as the case may be, shall not be counted.\n\n(4) Subject to rule 5 of Order 18, if the last day for:\n\n(a) filing a document; or\n\n(b) serving or delivering a document the copy of which for service or delivery is required by these Rules to be, but has not been, sealed;\n\nis a day on which the filing registry is closed, the document may be filed, served or delivered, as the case requires, on the next day on which the filing registry is open.\n\n(5) Where apart from this Rule, a period of time specified in a decree, being a period of 5 days or less, would include a day on which the filing registry is closed, that day shall be excluded from the reckoning of that period of time.\n\n(6) A reference in subrule (4) to filing registry shall be read, in a case where proceedings have not yet been instituted, as a reference to the appropriate registry of the court in which the proceedings are to be instituted.\n\n2 Meaning of month\n\nIn a decree, in any document in any proceedings and in these Rules, unless the context or subject matter otherwise indicates or requires, month means calendar month.\n\n3 Extension or shortening of time\n\nThe court, or a Registrar, on terms that the court or Registrar thinks fit, may extend or shorten the time fixed by:\n\n(a) these Rules; or\n\n(b) a decree or order;\n\nfor doing, or refraining from doing, any act or thing in relation to proceedings, even if the time fixed has passed.\n\n  \n\nOrder 4 General\n\n1 Dispensing with compliance\n\nThe court, or a Registrar, may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance has arisen.\n\n1A Failure to comply with Rules or court orders\n\nSubject to any dispensation under rule 1, if a party does not do all things required by the Rules, or by an order of the court, the court, or a Registrar, may:\n\n(a) dismiss the application or response; or\n\n(b) stay the proceedings, or part of the proceedings; or\n\n(c) make any other order the court, or the Registrar, thinks fit.\n\n2 Court to give directions in cases of doubt or difficulty\n\nWhere the court is satisfied in the circumstances of a particular case that:\n\n(a) the provisions of the Act, the Regulations or these Rules do not make adequate provision for a matter of practice or procedure; or\n\n(b) a difficulty arises or doubt exists as to a matter of practice or procedure;\n\nit may give such directions with respect to the practice and procedure to be followed in the case as it considers necessary.\n\n3 Stay of proceedings\n\nA court may order a stay of proceedings before it upon such terms as it thinks fit.\n\n4 Need for prompt and inexpensive resolution of matters\n\nA court or a Registrar exercising jurisdiction under these Rules shall have regard to the need to provide a prompt and inexpensive resolution of the matters in issue between the parties.\n\n5 Reasons for decision published after decree\n\n(1) Where a decree is pronounced by a court the reasons for the decision may be delivered at a later date by publication to a Registrar.\n\n(2) Where the reasons for a decision are delivered under subrule (1), a party to the proceedings is entitled to one copy of the reasons.\n\n7 Right of appearance\n\n(1) Subject to subrule (1A), a party to proceedings, or a person entitled to take proceedings for, or for the enforcement or confirmation of, a decree (including a member of the Court personnel) may appear personally or by representation by a lawyer.\n\n(1A) A corporation that is entitled to appear in proceedings may appear only by representation by a lawyer.\n\n(2) An authority entitled to take proceedings for, or for the enforcement or confirmation of, a decree may be represented by an officer of the authority or by a lawyer.\n\n8 Proceedings in chambers\n\n(1) This rule applies to proceedings relating to a matrimonial cause other than the final hearing in contested proceedings.\n\n(2) A court may exercise in chambers any jurisdiction conferred on it and any sitting held in chambers shall be as valid and effectual as if it were held in open court.\n\n(3) A court may adjourn the hearing of proceedings from chambers to open court and from open court to chambers.\n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Proceedings in chambers — procedures and effect","content":"9 Proceedings in chambers — procedures and effect\n\nThe provisions of these Rules shall, in so far as appropriate, apply to proceedings heard in chambers in the same manner as to proceedings heard in open court and an order made in chambers shall have the same effect as an order made in open court.\n\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Record of proceedings in chambers","content":"10 Record of proceedings in chambers\n\n(1) There shall be kept by the Registrar a record containing the following particulars in relation to each hearing of proceedings in chambers:\n\n(a) the name of the case;\n\n(b) a description of the proceedings;\n\n(c) the date of the hearing;\n\n(d) a minute of decisions made.\n\n(2) The record kept by the Registrar for the purposes of subrule (1) shall be evidence of the questions or matters in issue and the decisions made at a hearing in chambers.\n\n  \n\nOrder 5 Seals, records and searches\n\n1 Seals\n\n(1) The Family Court of Australia shall have a seal having inscribed on it the words “The Seal of the Family Court of Australia”.\n\n(2) The seal shall be kept in such custody as the Chief Justice directs.\n\n(3) There shall be kept at each registry of the Family Court of Australia, in such custody as the Chief Justice directs, an office seal having inscribed on it, in addition to the words in subrule (1), the word “Registry” with the name of the registry prefixed.\n\n(4) There shall be kept and used at each registry of the Family Court of Australia such other seals or stamps as are required for the business of the Court and those seals and stamps shall be in such form, and kept in such custody as the Chief Justice directs.\n\n2 Seals of other Courts\n\nThe seal of a court, other than the Family Court of Australia, for use in connexion with jurisdiction under the Act shall be the usual seal of that court or of a registry of that court and may be impressed on a document by a rubber stamp or other process usually used by that court or registry.\n\n3 Records, registers and indexes\n\nA Registrar of the Family Court of Australia shall keep such records, registers and indexes as the Principal Registrar directs.\n\n4 Exhibits\n\n(1) A Registrar shall take charge of every document or object tendered as an exhibit during the hearing of any proceeding in the court.\n\n(2) A list of exhibits tendered during proceedings, when completed, shall form part of the record of the proceedings.\n\n(3) A court or a Registrar may direct that an exhibit tendered during the hearing of proceedings in the court be kept in the court, returned to the person who produced it or otherwise disposed of in such manner as may be just.\n\n5 Record of proceedings transferred\n\nWhere an order is made by a court transferring proceedings to another court or registry, a copy of that order shall be retained in the first-mentioned court or registry.\n\n6 Searches\n\n(1) A person shall not search the records of a court relating to proceedings or matters under the Act, the Regulations or these Rules, or inspect any document forming part of any such records otherwise than in accordance with subrule (2).\n\n(2) The following persons may search records, or inspect a document, of a kind referred to in subrule (1):\n\n(a) the Attorney-General;\n\n(b) where the records relate to particular proceedings or matters concerning or arising out of a marriage — a party to that marriage;\n\n(c) where the records relate to particular proceedings — a party to those proceedings;\n\n(d) a person who has been granted leave of the court or a Registrar to search the records or inspect the document.\n\n(3) Leave for the purposes of paragraph 2 (d) may be granted by the court or a Registrar to a person who demonstrates a proper interest in searching records or inspecting a document and may be granted subject to such conditions as the court or a Registrar may determine.\n\n(4) In this rule:\n\n> records does not include a judgment given by a court.\n\n  \n\nOrder 6 Sittings and holidays\n\n1 Sittings and holidays\n\n(1) Subject to section 27 of the Act, the Family Court of Australia may sit at such places and times as the Court determines and shall sit at such places and times as the Chief Justice directs.\n\n(2) There shall be no court vacations, but the Family Court of Australia shall not sit on the days specified in subrule (3) unless the Judge constituting the Court otherwise directs.\n\n(3) Each registry of the Family Court of Australia shall be open during office hours on every day in the year except:\n\n(a) Saturdays and Sundays;\n\n(c) such days as are proclaimed or observed as public holidays in the State or Territory in which the registry is located and such other days as are appointed from time to time by the Chief Justice either generally or for a particular registry.\n\n2 Office hours\n\nFor the purpose of subrule 1 (3), office hours means the period from 9.30 a.m. until 4.00 p.m. or such other times as the Chief Executive Officer directs.\n\n  \n\nOrder 7 Proceedings for principal relief\n\nThis Order applies to an application for:\n\n(a) a decree of dissolution of marriage; or\n\n(b) a decree of nullity of marriage; or\n\n(c) a declaration as to the validity of a marriage; or\n\n(d) a declaration of the annulment or dissolution of a marriage by decree or otherwise.\n\n2 Filing applications\n\n(1) Proceedings for principal relief must be instituted by filing an application.\n\n(2) An application instituting proceedings in:\n\n(a) a Supreme Court; or\n\n(b) a court of summary jurisdiction;\n\nof a Territory must state whether the applicant or respondent is ordinarily resident in that Territory.\n\n3 Application for decree of nullity of marriage — Form 2\n\nAn application for a decree of nullity of marriage must be in accordance with Form 2.\n\n4 Application for decree of dissolution of marriage — Form 4\n\nAn application for a decree of dissolution of marriage must be in accordance with Form 4.\n\n5 Application for declaration under section 113 of Act — Form 6\n\nAn application for the purposes of section 113 of the Act must be in accordance with Form 6.\n\n6 Filing of marriage certificate etc with application\n\n(1) Subject to this rule, an applicant must file with an application to which this Order applies:\n\n(a) if the application is for a decree of nullity or dissolution of marriage — the marriage certificate relating to the marriage or purported marriage; or\n\n(b) if the application is for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage — the relevant marriage certificate or decree of annulment or dissolution, as the case may be.\n\n(2) The requirement under subrule (1) to file a marriage certificate or decree is satisfied by filing a photocopy or certified copy of the marriage certificate or decree.\n\n(3) If an applicant is unable to file a document required by subrule (1), the applicant must:\n\n(a) file with the application an affidavit setting out the facts and circumstances by reason of which the applicant is unable to file the document; or\n\n(b) give to the Registrar an undertaking, satisfactory to the Registrar, to file the document within a specified time.\n\n(4) An applicant need not file a document required by subrule (1) if the applicant has already filed the document in relation to other proceedings in the same registry.\n\n(5) If a document required by subrule (1) is not in English, the applicant must file with the application:\n\n(a) a translation of the document in English; and\n\n(b) an affidavit by the person who made the translation verifying the translation and setting out the person’s qualifications to make the translation.\n\n7 Fixing of hearing date\n\n(1) After the filing of an application for principal relief, the Registrar must fix a date for the hearing of the application.\n\n(2) The date fixed for the hearing of the application must be:\n\n(a) in the case of a joint application — at least 21 days after the day on which the application is filed; or\n\n(b) in the case of an application other than a joint application:\n\n(i) if the respondent is in Australia — at least 42 days; or\n\n(ii) if the respondent is outside Australia — at least 56 days;\n\nafter the day on which the application is filed.\n\n8 Response — Form 13\n\n(1) A respondent to, or an intervener in, proceedings for principal relief who wishes to oppose an application must file a response to the application in accordance with Form 13.\n\n(2) A respondent or intervener must serve a response on the applicant as soon as practicable after it is filed.\n\n(3) If a response opposing the application has been filed:\n\n(a) the hearing must proceed in open court unless the court otherwise directs; and\n\n(b) the person who files the response must appear in person or by representation by a lawyer.\n\n9 Response objecting to jurisdiction — Form 14\n\n(1) A respondent in proceedings for principal relief who wishes to contest the jurisdiction of the court must file a response objecting to jurisdiction in accordance with Form 14.\n\n(2) The response must be served on the applicant as soon as practicable after it is filed.\n\n(3) If the court overrules an objection to its jurisdiction, the court must give directions in relation to the further conduct of the proceedings.\n\n10 Time for filing response\n\nA respondent to an application must file a response, or a response objecting to jurisdiction, within:\n\n(a) if the respondent is served in Australia — 28 days; or\n\n(b) if the respondent is served outside Australia — 42 days;\n\nafter the day on which the application is served on the respondent.\n\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Response out of time","content":"11 Response out of time\n\n(1) If a respondent files a response, or a response objecting to jurisdiction, after the expiry of the time fixed by rule 10, the applicant may continue the proceedings as if the response, or response objecting to jurisdiction, had not been filed unless:\n\n(a) the applicant consents to the late filing; or\n\n(b) the court, or a Registrar, otherwise orders.\n\n(2) If an applicant consents to the late filing of a response, or a response objecting to jurisdiction, the applicant:\n\n(a) must give his or her consent in writing; and\n\n(b) may endorse the consent on the response, or response objecting to jurisdiction.\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Application for rescission of decree nisi — Form 8","content":"12 Application for rescission of decree nisi — Form 8\n\n(1) An application under section 57 or 58 of the Act must be in accordance with Form 8.\n\n(2) An applicant under section 57 or 58 of the Act must file and serve with the application an affidavit in accordance with Order 16 setting out:\n\n(a) the reasons why the decree nisi should be rescinded; and\n\n(b) the evidence supporting those reasons.\n\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Discontinuance of application","content":"13 Discontinuance of application\n\n(1) An application made under this Order may be discontinued with the leave of the court or a Registrar.\n\n(2) An order under subrule (1) may be made subject to any conditions, including service, that the court, or a Registrar, thinks fit.\n\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"Proceedings for dissolution of marriage in the absence of parties","content":"Division 2 Proceedings for dissolution of marriage in the absence of parties\n\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Hearing in absence of parties","content":"14 Hearing in absence of parties\n\nIf, in a proceeding for dissolution of marriage:\n\n(a) a joint application has been made in accordance with Part B of Form 4; or\n\n(b) both:\n\n(i) at the date of the hearing there are no children of the marriage, within the meaning given in subsection 55A (3) of the Act, under the age of 18; and\n\n(ii) the respondent has been served with a request in accordance with Part B of Form 4 not less than 28 days before the date of hearing;\n\nunless a response opposing the application is filed, the court or a Registrar may determine the proceeding even if neither the parties to the proceeding nor their lawyers are present.\n\n> Note An application for dissolution of marriage (whether by one party or jointly) may not be determined if there are any children of the marriage who are under 18 and the court is not satisfied that proper arrangements in all the circumstances have been made for the care, welfare and development of the children: see subsection 98A (2A) of the Act.\n\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Request not to hear proceedings in parties’ absence — Form 10","content":"15 Request not to hear proceedings in parties’ absence — Form 10\n\n(1) If, in proceedings for dissolution of marriage:\n\n(a) a respondent has been served, not less than 28 days before the date of hearing, with a request in accordance with Part B of Form 4; or\n\n(b) a joint application has been made in accordance with Part B of Form 4;\n\nthen:\n\n(c) an applicant, or respondent to that application; or\n\n(d) a joint applicant;\n\nmay request the court, or a Registrar, not to determine the proceedings in the absence of the parties, by filing and serving on the other party, or the other joint applicant, as the case requires, a notice in accordance with Form 10 not later than 7 days before the date of hearing of the application.\n\n(2) If a notice has been filed and served in accordance with subrule (1) or a response opposing the application has been filed, the court, or a Registrar, must determine the proceedings in open court.\n\n  \n\nOrder 8 Applications other than for principal relief\n\nUnless these Rules provide otherwise, this Order applies to all applications.\n\n> Note Order 7 applies to applications for principal relief.\n\n2 No affidavits to be filed\n\nIn proceedings to which this Order applies, a party must not file an affidavit unless:\n\n(a) the affidavit is required or authorised to be filed by these Rules; or\n\n(b) the court, or a Registrar, grants leave to do so.\n\nDivision 2 Application, hearing date and directions hearing\n\n3 Form of application — Form 3 or 8\n\n(1) An application for a final order for relief (except an application for an order under the Marriage Act 1961) must be in accordance with Form 3.\n\n(2) An application for an order under the Marriage Act 1961 must be in accordance with Form 8.\n\n(2A) An application:\n\n(a) under section 79C or 90N of the Act to stay property settlement or spousal maintenance proceedings; or\n\n(b) under section 79D or 90P of the Act to lift a stay of property settlement or spousal maintenance proceedings;\n\nmust be in accordance with Form 8.\n\n(3) Subject to subrule (5), an application for an interim or procedural order (whether or not a cross-vesting law is involved) must be in accordance with Form 8.\n\n(4) A person filing an application in accordance with Form 3 must file at the same time an Information Sheet in a form approved by the Principal Registrar.\n\n(5) An application for interim or procedural orders may be included in an application seeking final orders in accordance with Form 3, 3A or 3B.\n\n(6) An application for review of an award of arbitration must be in accordance with Form 3.\n\n3AA Use of Forms 3, 3A and 3B\n\nIf a person files an application in accordance with Form 3 that seeks interim or procedural orders, these Rules apply to that part of the application as if the application were filed in accordance with Form 8 and a reference to Form 8A is to be read as a reference to Form 3A or 3B, as the case requires.\n\n3A Application for interim or procedural order only if final orders sought\n\n(1) Without leave of the Court, a person may not seek interim or procedural orders unless there is a pending application by that person for final orders in that cause of action.\n\n(2) However, the DPP may make an application mentioned in subrule 3 (2A) without filing an application for final orders in the cause of action to which the application relates.\n\n4 Application where no Form prescribed — Form 8\n\nIf:\n\n(a) an order is sought in a court having jurisdiction under the Act; and\n\n(b) no form of application is provided by these Rules;\n\nthe application must be in accordance with Form 8.\n\n5 Application by amendment\n\nIf:\n\n(a) a party has filed an application in accordance with Form 3 or 3A; and\n\n(b) the party wishes to make a further claim in relation to a different cause of action, other than:\n\n(i) an application under a cross-vesting law; or\n\n(ii) for the maintenance of a child or a party;\n\nthe party must amend the application in accordance with Order 9, Division 3.\n\n6 Contents of application\n\n(1) An application must:\n\n(a) comply, as nearly as practicable, with the prescribed Form; and\n\n(b) specify, briefly, but precisely, the orders that the court is asked to make.\n\n(2) An application instituting proceedings in:\n\n(a) a Supreme Court; or\n\n(b) a court of summary jurisdiction;\n\nof a Territory must state whether the applicant or respondent is ordinarily resident in the Territory.\n\n7 Affidavit in support\n\n(1) An applicant who files an application seeking interim or procedural orders must file and serve with the application an affidavit in accordance with subrule (2).\n\n(2) Subject to subrule (3), the affidavit must:\n\n(a) comply with Order 16; and\n\n(b) set out only the facts on which the court will be asked to make the interim or procedural orders sought.\n\n(3) Facts exceeding 1 folio that have been set out in a previous affidavit in the proceedings may be incorporated by reference to the relevant paragraph or paragraphs of the previous affidavit.\n\n9 Hearing dates\n\n(1) If an application in accordance with Form 3 or 8 is filed in a court (except a court of summary jurisdiction), the Registrar must:\n\n(a) fix a date for the hearing of the application or for a case assessment conference; and\n\n(2) If an application is filed in accordance with Form 3 (except if interim orders are sought), in a court other than a court of summary jurisdiction, the Registrar must fix a date for a case assessment conference or directions hearing that is as near as practicable to 42 days after the date when the application is filed.\n\n(3) Subject to subrule (4), the date fixed for the hearing of an application in which interim or procedural orders are sought, must be:\n\n(a) a date that is as near as practicable to, but not earlier than, 28 days after the application is filed; or\n\n(b) if:\n\n(i) there are other proceedings (except proceedings for principal relief) on foot between the same parties; and\n\n(ii) a date has been fixed for the hearing of those other proceedings, or for a directions hearing in relation to those other proceedings; and\n\n(iii) that date is considered by the Registrar to be reasonable in the circumstances;\n\nthe date of that hearing or directions hearing.\n\n(4) If an application to which this rule applies is an application for an order for urgent relief, the applicant may apply ex parte to the Registrar requesting the Registrar to fix an early date for the hearing of the application.\n\n(5) If an application is made under subrule (4), the Registrar may fix as the date for the hearing of an application the date that the Registrar considers appropriate in the particular circumstances.\n\n10 Hearing date — court of summary jurisdiction\n\nIf an application to which this Division applies is filed in a court of summary jurisdiction, the Registrar of that court must:\n\n(a) fix a date for the hearing of the application; and\n\n11 Service of application\n\nAn application in accordance with Form 3 or 8 must be served in accordance with Order 18.\n\n","sortOrder":19},{"sectionNumber":"Div 3","sectionType":"division","heading":"Documents to be filed with application","content":"Division 3 Documents to be filed with application\n\n12 Filing of marriage certificate or other document with application\n\n(1) Subject to this rule, an applicant must file with an application:\n\n(a) if the relevant marriage has not been annulled or dissolved — a marriage certificate; or\n\n(b) if the relevant marriage has been annulled — a marriage certificate, decree of nullity, or other certificate or record of the annulment; or\n\n(c) if the relevant marriage has been dissolved — a marriage certificate, certificate of decree absolute, or other certificate or record of the dissolution; or\n\n(d) if the application relates to an ex-nuptial child — the child’s birth certificate; or\n\n(e) for an application under section 79C or 90N of the Act to stay property settlement or spousal maintenance proceedings — a sealed copy of the proceeds of crime order or forfeiture application covering the property of the parties to the marriage or either of them, if not already filed; or\n\n(f) for an application under section 79D or 90P of the Act to lift a stay of property settlement or spousal maintenance proceedings — either of the following documents, if not already filed:\n\n(i) the written notice of the DPP’s consent under section 79D or 90P of the Act;\n\n(ii) proof that the proceeds of crime order has ceased to be in force or that the forfeiture application has been finally determined.\n\n(2) If, under subrule (1), a certificate or record is required to be filed, the applicant may file a photocopy or certified copy of the certificate or a certified copy of the record instead of the original certificate or record.\n\n(3) If an applicant is not able to file a document required by subrule (1), the applicant must:\n\n(a) file an affidavit setting out the facts and circumstances by reason of which the applicant is not able to file the document; or\n\n(b) give to the Registrar an undertaking, satisfactory to the Registrar, to file the document within a specified time.\n\n(4) An applicant need not file a document required by subrule (1) if the applicant has already filed the document in relation to other proceedings in the same registry.\n\n(5) If a document required by subrule (1) is not in English, the applicant must file with the application:\n\n(a) a translation of the document in English; and\n\n(b) an affidavit by the person who made the translation verifying the translation and setting out the person’s qualifications to make the translation.\n\n13 Application seeking financial relief\n\nIf an application to which this Order applies seeks relief (other than interim or procedural relief) in relation to financial matters, the applicant must file and serve with the application a financial statement in accordance with Order 17, rule 2.\n\n","sortOrder":20},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Proceeds of crime orders and forfeiture applications","content":"Division 3A Proceeds of crime orders and forfeiture applications\n\n","sortOrder":21},{"sectionNumber":"13A","sectionType":"section","heading":"Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)","content":"13A Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)\n\n(1) This rule applies if a party to property settlement or spousal maintenance proceedings is required to give the Registrar written notice under subsection 79B (3) or 90M (3) of the Act of a proceeds of crime order or forfeiture application.\n\n(2) The written notice must:\n\n(a) have attached to it a sealed copy of the proceeds of crime order or forfeiture application, if not already filed; and\n\n(b) be filed as soon as possible after the party is notified by the DPP under paragraph 79B (3) (b) or 90M (3) (b) of the Act.\n\n","sortOrder":22},{"sectionNumber":"Div 4","sectionType":"division","heading":"Response and reply","content":"Division 4 Response and reply\n\n14 Response to application — Form 3A\n\n(1) A respondent to an application in accordance with Form 3 may file and serve a response to the application in accordance with Form 3A.\n\n(2) In a response under subrule (1):\n\n(a) the respondent must:\n\n(i) indicate the facts set out in the application with which the respondent disagrees; and\n\n(ii) set out briefly and precisely the orders that the respondent will ask the court to make; and\n\n(b) the respondent may:\n\n(i) if the respondent consents to an order sought by the applicant — indicate the consent; or\n\n(ii) ask the court to make another order; or\n\n(iii) ask the court to dismiss the application; or\n\n(iv) seek orders in a cause of action other than the cause of action set out in the application.\n\n15 Applicant’s reply in certain circumstances — Form 3B\n\nIf a respondent files and serves a response that seeks orders in a cause of action (except the cause set out in the relevant application), the applicant may file and serve a reply, in accordance with Form 3B, to the response.\n\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Time for service of response and reply","content":"16 Time for service of response and reply\n\nIf practicable, a response or reply to which rule 14 or 15 applies must be filed and served at least 7 days before the date fixed for the case assessment conference or directions hearing in the relevant proceedings.\n\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Response to Form 8 application — Form 8A","content":"17 Response to Form 8 application — Form 8A\n\n(1) If a party (except an applicant) seeks an order (including an order for dismissal of the proceedings) in proceedings commenced by an application in accordance with Form 8, the party must file and serve a response in accordance with Form 8A.\n\n(2) A party who files and serves a response in accordance with Form 8A may file and serve with the response an affidavit that is substantially in accordance with subrule (3) and Order 16.\n\n(3) The deponent must set out, briefly and precisely, in the affidavit:\n\n(a) in paragraph 1:\n\n(i) that the deponent is the party on whose behalf the affidavit is filed; or\n\n(ii) the deponent’s relationship to that party; and\n\n(b) the evidence on which the court is asked to:\n\n(i) make the orders (if any) sought by the deponent; or\n\n(ii) dismiss the application.\n\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Time to file and serve response to Form 8 application","content":"18 Time to file and serve response to Form 8 application\n\nIf practicable, a response and any supporting affidavit to which rule 17 applies must be filed and served at least 7 days before the date fixed for:\n\n(a) the hearing of the application; or\n\n(b) the directions hearing;\n\nas the case may be.\n\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Response objecting to jurisdiction — Form 14","content":"19 Response objecting to jurisdiction — Form 14\n\n(1) If a respondent to proceedings to which this Order applies wishes to contest the jurisdiction of the court, the respondent must file and serve a response to the application in accordance with Form 14.\n\n(2) If the court overrules an objection to its jurisdiction, the court must give directions for the further conduct of the proceedings.\n\n  \n\nOrder 8A Federal Magistrates Court\n\n","sortOrder":27},{"sectionNumber":"Div 1","sectionType":"division","heading":"Transfer of proceedings from the Federal Magistrates Court","content":"Division 1 Transfer of proceedings from the Federal Magistrates Court\n\n1 Order must be filed\n\n(1) A sealed copy of the order of the Federal Magistrates Court transferring a proceeding to the court must, unless the Federal Magistrates Court otherwise directs, be filed:\n\n(a) if the order is obtained by a party — by that party; or\n\n(b) if the order is made by the Federal Magistrates Court on its own motion — by the applicant in the proceeding.\n\n(2) The sealed copy of the order must be filed:\n\n(a) if the order names a Registry — in the Registry named in the order; and\n\n(b) otherwise — in the Registry nearest to the place where the Federal Magistrates Court heard the proceeding.\n\n2 Filing and service\n\n(1) The Registrar must give the order a distinctive number as if it were an application filed in the Registry.\n\n(2) The Registrar must:\n\n(a) fix a date for a directions hearing as soon as practicable; and\n\n(b) give notice of the date to each of the parties.\n\n(3) The party who files the order must serve a copy of the order:\n\n(a) on each other party to the proceeding in the Federal Magistrates Court; and\n\n(b) on any other person as the court directs.\n\n(4) If a party has an address for service in the Federal Magistrates Court proceeding, the copy of the order may be served on the party by delivery to that address.\n\n3 Conduct of a transferred proceeding\n\nThese Rules apply to a proceeding transferred from the Federal Magistrates Court as if it were a proceeding instituted in the Court.\n\nDivision 2 Transfer of proceedings to the Federal Magistrates Court\n\n4 Application for transfer by a party\n\nA party may apply for the transfer of a proceeding to the Federal Magistrates Court.\n\n5 Transfer on court’s own motion\n\n(1) The court may at any time on the court’s own motion transfer a proceeding to the Federal Magistrates Court.\n\n(2) This rule applies whether or not there is an application under rule 4 before the court.\n\n6 Factors to be considered\n\nIn deciding whether to transfer a proceeding to the Federal Magistrates Court, factors that the Court may take into account, in addition to the factors to which the Court must have regard under subsection 33B (6) of the Act, include:\n\n(a) the importance of the outcome of the proceeding to the public, such that it would be desirable for there to be a decision of the Family Court on one or more of the points in issue; and\n\n(b) whether, if the proceeding is transferred, it is likely to be dealt with at less cost and more convenience to the parties than if the proceeding is not transferred; and\n\n(c) whether the proceeding is likely to be dealt with earlier if it is transferred; and\n\n(d) the availability of a judicial officer specialising in the type of proceeding to be transferred; and\n\n(e) the availability of particular procedures appropriate for the type of proceeding; and\n\n(f) the financial value of the claim; and\n\n(g) the complexity of the facts, legal issues, remedies and procedures involved; and\n\n(h) the comparative facilities available and whether they are inadequate for a party or witness; and\n\n(i) the wishes of the parties.\n\n> Note Subsection 33B (6) of the Act provides that, in deciding whether a proceeding should be transferred to the Federal Magistrates Court, the court must have regard to:\n\n> Note: (a) any Rules of the Court made for the purposes of the transfer of proceedings; and\n\n> Note: (b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and\n\n> Note: (c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and\n\n> Note: (d) the interests of the administration of justice.\n\n7 Proceeding transferred to the Federal Magistrates Court\n\nOn the transfer of a proceeding to the Federal Magistrates Court, the Registrar must send to the proper officer of the Federal Magistrates Court all documents filed and orders made in the proceeding.\n\n  \n\nOrder 9 Conduct of proceedings other than for principal relief\n\nDivision 1 Application\n\nThis Order applies to all proceedings except proceedings for principal relief.\n\n","sortOrder":28},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Case assessment conference","content":"Division 1A Case assessment conference\n\n1A Case assessment conference\n\n(1) If the court or a Registrar considers that it would be advantageous to do so, the court or Registrar may order the parties to a proceeding to attend a case assessment conference.\n\n(2) Unless the court or a Registrar otherwise orders:\n\n(a) a party must attend a case assessment conference in person; and\n\n(b) if the party is represented by a lawyer — the lawyer must also attend the case assessment conference.\n\n(3) A case assessment conference must be held in the presence of a Registrar, a family and child counsellor or a welfare officer, as specified in the order.\n\n(4) At the case assessment conference, the person conducting the case assessment conference may:\n\n(a) attempt to resolve the proceeding or any part of the proceeding by agreement; and\n\n(b) assess the appropriate future conduct of the matter.\n\n","sortOrder":29},{"sectionNumber":"1B","sectionType":"section","heading":"After case assessment conference","content":"1B After case assessment conference\n\n(1) At the end of a case assessment conference, the person who conducted the case assessment conference must ensure that a memorandum in accordance with Form 69A is given to the court and to each party.\n\n(2) If all issues are not resolved at the end of a case assessment conference, the Registrar must conduct a directions hearing.\n\nDivision 2 Directions hearing\n\n2 Scope of directions hearing\n\n(1) At a directions hearing, the court, or a Registrar, must give appropriate directions in relation to the conduct of the proceedings.\n\n(2) At a directions hearing, as far as practicable, all interim and procedural applications in the proceedings must be heard.\n\n(3) At a directions hearing, the court, or a Registrar, may:\n\n(a) fix a date for a further directions hearing; or\n\n(b) if the parties agree and the court, or the Registrar, thinks fit — hear and determine the proceedings; or\n\n(c) if no applicant appears at the hearing — do any of the following:\n\n(i) dismiss the application;\n\n(ii) make any other order the court, or the Registrar, thinks appropriate; or\n\n(d) if no respondent appears at the hearing — do any of the following:\n\n(i) make the order sought by the applicant;\n\n(ii) make any other order the court, or the Registrar, thinks appropriate;\n\n(iii) give any direction the court, or the Registrar, thinks appropriate.\n\n(4) At a directions hearing, each party must, as far as practicable, apply for:\n\n(a) any interim or procedural order that has not already been sought in a previous application; and\n\n(b) any necessary directions under subrule (5).\n\n(5) At a directions hearing, the court, or a Registrar, may:\n\n(a) investigate the possibility of settlement of any issue in the proceedings; and\n\n(b) make orders or directions in relation to any aspect of the following matters:\n\n(i) consent orders;\n\n(ii) attendance of parties at information sessions;\n\n(iii) counselling;\n\n(iv) mediation;\n\n(v) arbitration;\n\n(vi) defining the issues and orders sought;\n\n(vii) appointment of child representatives;\n\n(viii) giving notice to persons who are not parties to the proceedings;\n\n(ix) amendment of documents;\n\n(x) conciliation or pre-trial conferences;\n\n(xi) production of documents at a conciliation conference;\n\n(xii) production, filing and exchange of market appraisals or valuations of property;\n\n(xiii) withdrawal of proceedings;\n\n(xiv) costs.\n\n3 Adjournment of directions hearing\n\n(1) If the parties to proceedings agree that, because of short service or other special circumstances, it is not appropriate for a directions hearing to proceed on the date fixed by the Registrar, the parties may request the Registrar to adjourn the directions hearing.\n\n(2) A request must be made by a letter that sets out:\n\n(a) why it is appropriate to adjourn the directions hearing; and\n\n(b) the date to which the directions hearing is sought to be adjourned.\n\n(3) The request must:\n\n(a) be signed by all parties; and\n\n(b) be delivered to the Registrar before 12 noon on the day before the date fixed for the directions hearing.\n\n(4) If a request is made, the Registrar, without requiring the parties to appear before the court, but subject to subrules (5) and (6), must adjourn the directions hearing to:\n\n(a) the date requested; or\n\n(b) a date that is practicable.\n\n(5) The Registrar must not adjourn the directions hearing more than twice under this rule.\n\n(6) An adjournment must not be for more than 4 weeks.\n\nDivision 3 Amendment\n\n> document means an application, a response or a reply.\n\n5 Amendment by a party\n\nA party who has filed and served a document may amend the document without the leave of the court, or the consent of any other party to the proceedings, at any time before a date is fixed for the hearing of the proceedings.\n\n6 Amendment by the court\n\n(1) At any time, the court, or a Registrar, may give a party leave to amend a document that has been filed, even if the effect is:\n\n(a) to add or substitute a claim arising after the commencement of the proceedings; or\n\n(b) to substitute or add another person as a party to the proceedings.\n\n(2) If the court, or a Registrar, gives a party leave to amend a document, the court, or the Registrar, may give directions in relation to:\n\n(a) the time within which the amendment must be made; and\n\n(b) the manner in which the amendment must be made; and\n\n(c) the service of the amended document.\n\n(3) If the court, or a Registrar, does not fix a time for service of an amended document under paragraph (2) (c), the amended document must be served not later than 14 days after the date on which the order giving leave to amend the document was made.\n\n7 Time limit for amendment by leave of the court\n\nAn order giving leave under rule 6 ceases to have effect:\n\n(a) on the expiry of the period fixed by the order for the making of the amendment; or\n\n(b) if no period is fixed — at the end of 14 days after the order is made.\n\n8 Filing amendment by party\n\nUnless the Registrar directs otherwise, if a party amends a document, the party must file with the Registrar a copy of the amended document that clearly indicates each of the amendments.\n\n9 Endorsement of amended document\n\nIf a party amends a document, the party must endorse on the amended document:\n\n(a) if the document was amended by leave of the court or a Registrar:\n\n(i) the date on which leave was given; and\n\n(ii) the date on which the amendment was made; and\n\n(b) the date on which the amended document was filed.\n\n10 Service of amended document\n\nIf a party amends a document, the party must serve a copy of it on each other party to the proceedings who has an address for service.\n\n11 Response to amended document\n\n(1) If an amended document:\n\n(a) has been served on a party; and\n\n(b) affects a document previously filed by the party (the affected document);\n\nthe party may amend the affected document in accordance with this Division.\n\n(2) A party who wishes to amend an affected document must do so not later than:\n\n(a) the date specified in the order giving leave to amend; or\n\n(b) in any other case — 14 days after service on the party of the amended document.\n\n(3) A party who:\n\n(a) has filed an affected document; and\n\n(b) does not:\n\n(i) amend the affected document; and\n\n(ii) file the document as so amended;\n\nis taken to rely on the document as originally filed by the party.\n\nDivision 4 Discontinuance\n\n12 Discontinuance — Form 15A\n\n(1) Subject to subrule (3), an applicant or a respondent may discontinue an application wholly, or in part, by filing a notice of discontinuance in accordance with Form 15A.\n\n(2) A notice of discontinuance may be filed:\n\n(a) without the leave of the court, or a Registrar — at any time before the day fixed for the final hearing of the application; or\n\n(b) with the leave of the court, or a Registrar — at any later time.\n\n(3) If:\n\n(a) the proceedings relate to property of the parties, or of any party; and\n\n(b) one of the parties dies before the proceedings are determined;\n\nthe application must not be discontinued except with the leave of the court, or a Registrar.\n\n(4) If a party files a notice of discontinuance, the party must serve a copy of it on each other party to the proceedings who has an address for service, as soon as practicable after filing the notice.\n\n(5) Discontinuance of an application by a party to proceedings does not prevent another party to the proceedings from using the application or response in cross-examination or in evidence.\n\n(6) The Registrar must mark an application that is discontinued accordingly.\n\n(7) Unless the court, or a Registrar, otherwise orders, an application that is discontinued must be retained on the court file.\n\n(8) If a party to proceedings discontinues an application, either wholly, or in part, any other party to the proceedings may make an application to the court, or a Registrar, for costs.\n\n(9) An application for costs under subrule (8) must be made by a party:\n\n(a) not later than 28 days after service on the party of the notice of discontinuance; or\n\n(b) within the time that the court, or a Registrar, allows.\n\n  \n\nOrder 11 Proceedings for maintenance or contribution\n\nThis Order applies to an application for:\n\n(a) maintenance; or\n\n(b) a contribution mentioned in section 67B of the Act.\n\nDivision 2 Applications for maintenance and property\n\n1A Application for spousal maintenance and property\n\nAn application for spousal maintenance that is made at the same time as an application with respect to the property of a party to the application, or when such an application is pending, must be made in accordance with Order 8.\n\nDivision 3 Applications for maintenance only\n\n1B Application for maintenance or contribution only — Form 12\n\n(1) This Division applies to all applications for maintenance or contribution except an application mentioned in Division 2.\n\n(2) An application for maintenance or contribution must be in accordance with Form 12.\n\n2 Hearing date\n\n(1) If an application is filed, the Registrar must:\n\n(a) fix a date for the hearing of the application; and\n\n(2) The date fixed for the hearing of the application must be as near as practicable to, but not earlier than, 28 days after the date on which the application is filed.\n\n3 Certain documents not required\n\nUnless the court, or a Registrar, otherwise orders, an applicant who makes an application, or a respondent to that application, is not required to file:\n\n(a) a financial statement in accordance with Order 17, rule 2; or\n\n(b) (unless rule 3A applies) an affidavit.\n\n3A Application for step-parent to maintain\n\n(1) This rule applies to an application for a child maintenance order (including an order under section 66M of the Act) if:\n\n(a) the applicant and respondent are the parent and step-parent of the child or children to whom the application relates; and\n\n(b) the respondent consents to, or does not oppose, the order sought.\n\n(2) The applicant must:\n\n(a) file an affidavit setting out:\n\n(i) whether the parties are separated; and\n\n(ii) the financial circumstances of the parties; and\n\n(iii) the reason for seeking the order; and\n\n(iv) the obligations, or potential obligations, of each party for child support for any other child; and\n\n(b) serve a copy of the application on each person likely to be affected by the order.\n\n> Note A person affected by the order may be the Child Support Agency.\n\n4 Response — Form 12B\n\nIf a respondent to an application intends to ask the court to make an order other than the order sought by the applicant, the respondent must:\n\n(a) file a response in accordance with Form 12B; and\n\n(b) serve that response on the applicant as soon as practicable after it is filed.\n\n5 Information to be provided\n\n(1) If a person wishes to apply personally, rather than by a lawyer, the Registrar must give the person:\n\n(a) a pamphlet prepared by the Principal Registrar that sets out:\n\n(i) how to complete Form 12; and\n\n(ii) how an application must be served; and\n\n(iii) how the applicant must prove that the application was served; and\n\n(iv) the procedure that will be followed at the hearing; and\n\n(v) the documents that the applicant must bring to the hearing; and\n\n(b) if the applicant seeks child maintenance — an estimate of the costs of maintaining a child, being an estimate in accordance with published research of the Australian Institute of Family Studies; and\n\n(c) a blank form of response in accordance with Form 12B.\n\n> Note The blank form of response referred to in paragraph (c) is intended to be given to a respondent at the same time as an application is served on the respondent.\n\n(2) If an application is served on a respondent, the person serving the application must also give the respondent:\n\n(a) a blank form of response in accordance with Form 12B; and\n\n(b) a pamphlet prepared by the Principal Registrar that sets out:\n\n(i) the procedure that will be followed at the hearing; and\n\n(ii) the documents that the respondent must bring to the hearing; and\n\n(iii) what may happen if the respondent does not come to the hearing; and\n\n(iv) how to oppose the application; and\n\n(v) how to complete Form 12B; and\n\n(vi) how the response in accordance with Form 12B is to be served; and\n\n(c) if the applicant seeks child maintenance — an estimate of the costs of maintaining a child, being an estimate in accordance with published research of the Australian Institute of Family Studies.\n\n6 Documents to be provided by respondent\n\nA respondent to an application must bring the following documents to the court on the date fixed for the hearing of the application:\n\n(a) a copy of the respondent’s taxation return for the most recent financial year;\n\n(b) the respondent’s taxation assessment for the most recent financial year;\n\n(c) the respondent’s bank records for the 12 months immediately preceding the date on which the application was filed;\n\n(d) the respondent’s most recent pay advice;\n\n(e) any document in the respondent’s possession, custody or control that may assist the court in determining the income, needs and financial resources of the respondent.\n\n7 Hearing\n\nSo far as practicable, the court must hear and determine an application:\n\n(a) on the date fixed for the hearing of the application; and\n\n(b) without a directions hearing.\n\n  \n\nOrder 12 Urgent ex parte applications\n\n1 Ex parte applications\n\n(1) In an urgent case on an application made ex parte, a court may make an order until a specified time or until further order.\n\n(2) An ex parte application under subrule (1) shall be made in accordance with this Order.\n\n2 Form of application\n\nUnless the court otherwise orders an application in accordance with this Order shall be made in writing and shall be accompanied by a minute of the order sought.\n\n3 Evidence supporting ex parte application\n\nUnless the court otherwise orders, on an application in accordance with this Order being made, the applicant shall establish, by affidavit or with the leave of the court by oral evidence:\n\n(a) whether there have been any previous proceedings between the parties and, if so, the nature of those proceedings;\n\n(b) the particulars of any orders currently in force between the parties, specifying the courts in which such orders were made;\n\n(c) the steps that have been taken to inform the respondent or the respondent’s lawyer of the applicant’s intention to make the application or, where no such steps have been taken, the reasons why no such steps have been taken;\n\n(d) the nature and immediacy of the damage or harm which may result if the order sought in the application is not made;\n\n(e) the grounds upon which the applicant claims that the making of the order sought in the application is a matter of urgency and the reasons why, in lieu of the making of an order ex parte, an abridgement of the time for service of the application and the fixing of an early date for hearing would not be appropriate; and\n\n(f) the other facts, matters and circumstances relied upon by the applicant in support of the application.\n\n4 Directions for further hearing where no order made\n\nWhere an application is made in accordance with this Order and the court does not make an order of the kind sought in the application, the court may give such directions with respect to the filing of a written application, the service of the application and the hearing of the application as it thinks fit.\n\n5 Directions for further hearing where order made\n\n(1) Where, upon an application made ex parte, a court makes an order of a kind referred to in rule 1, the order shall be expressed to operate only until a specified time or until further order.\n\n(2) Where a court makes an order of a kind referred to in subrule (1) the court may give such directions as it thinks fit with respect to:\n\n(a) the service of the order and of other documents relating to the order; and\n\n(b) the date for hearing the application.\n\n  \n\nOrder 13 Oral applications in pending proceedings\n\n1 Oral applications during a hearing\n\nThe court may, on the hearing of an application, permit a further application relating to or arising out of the first-mentioned application to be made orally, upon such conditions as the court thinks fit.\n\n2 Orders without written application\n\nIn, or in relation to, proceedings, the court or a Registrar may, without written application, make an order with respect to the following matters:\n\n(a) consolidation of hearing of applications;\n\n(b) service of documents, and dispensing with service of documents;\n\n(c) admission of facts or documents;\n\n(d) the giving of particulars;\n\n(e) presentation of evidence by affidavit or in another documentary form;\n\n(f) answering specific questions;\n\n(g) conferences between the parties with a view to settling differences relating to matters in issue;\n\n(h) conferences with a family and child counsellor or a welfare officer;\n\n(i) obtaining a report from a family and child counsellor or a welfare officer under section 62G of the Act;\n\n(j) appointment of a child’s representative;\n\n(k) with the consent of all parties — mediation;\n\n(l) attendance by the parties at an information session;\n\n(m) registration of a parenting plan, or an agreement revoking a registered parenting plan;\n\n(n) a stay of proceedings under Order 4, rule 3;\n\n(o) any other matter relating to practice and procedure if making the order would help to resolve the matters in issue promptly and inexpensively;\n\n(p) transfer of proceedings to the Federal Magistrates Court.\n\n  \n\nOrder 14 Consent orders and orders under section 87 of the Act\n\nDivision 1 Consent orders\n\n1 Applications for consent orders\n\nIn proceedings in which orders may be made by consent, an application for an order of that kind may be made in accordance with this Division.\n\n2 Applications for consent orders — Form 12A\n\n(1) Despite any other provision of these Rules, a person may make an initiating application for consent orders in accordance with Form 12A.\n\n(2) This rule does not apply to an application to which Order 11, rule 3A applies.\n\n3 Completing the application\n\n(1) An applicant must swear an affidavit in the form set out as Part H of the application.\n\n(2) A respondent must swear an affidavit in the form set out as Part J of the application.\n\n(3) Part E of the application need not be completed if there are no children under 18.\n\n(4) If an applicant seeks a parenting order, the applicant must complete Part E of the application.\n\n(5) If an applicant seeks financial orders, the applicant must complete Part F of the application.\n\n3A Order for superannuation interest\n\n(1) This rule applies if, in an application for a consent order:\n\n(a) a party seeks an order in relation to a superannuation interest (the order sought); and\n\n(b) the order sought will impose an obligation on the trustee of the eligible superannuation plan in which the interest is held to take particular action in relation to the interest (for example, a payment split).\n\n(2) At least 28 days before filing the application, the party must serve the following documents on the trustee of the eligible superannuation plan in which the superannuation interest is held:\n\n(a) a copy of the draft consent order that the parties intend to apply for, signed by the parties;\n\n(b) a written notice stating that:\n\n(i) the parties intend to apply for the order sought if no objection to the order is received from the trustee within the time mentioned in subrule (3); and\n\n(ii) if the trustee objects to the order sought, the trustee must give the parties written notice of the objection within the time mentioned in subrule (3).\n\n(3) If the trustee does not object to the order sought within 28 days after receiving a notice under subrule (2), the parties may file the application.\n\n4 Original and copies of orders sought to be filed with application\n\n(1) An applicant must file with an application the original, and 2 copies, of the orders sought:\n\n(a) endorsed with the consent of each party; and\n\n(b) in a form that is suitable for signature by a Registrar.\n\n(2) The copies must be certified as true copies by:\n\n(a) the applicant’s lawyer; or\n\n(b) each party to the application.\n\n5 Filing period — consent lapses after 60 days\n\n(1) A respondent’s consent to the proposed consent orders lapses if the applicant does not file the application within 60 days after the day on which the respondent swore the affidavit at the end of Part C of the application.\n\n(2) If there is more than one respondent, the consent of the respondents lapses if the application is not filed within 60 days after the last day on which a respondent swore the affidavit at the end of Part C of the application.\n\n6 Who can make consent orders?\n\n(1) Despite any other provision of these Rules, if an application for consent orders is filed within the period specified in rule 5, a Registrar:\n\n(a) if the Registrar is a Registrar of the Family Court — may make the orders in Chambers; or\n\n(b) in any other case — may bring the matter before a Judge, Judicial Registrar or Magistrate in Chambers.\n\n(2) At any time before the orders are made, the Judge, Judicial Registrar, Registrar or Magistrate may require a party to file additional information.\n\n7 Application in pending proceedings\n\nAn application for consent orders in pending proceedings may be made:\n\n(a) orally during a hearing or trial; or\n\n(b) in accordance with rules 8 and 8A.\n\n8 Written consent by party to proceedings\n\n(1) A party to proceedings may consent, in writing, to the making of an order in the proceedings.\n\n(2) A proposed consent order must state that it is made by consent.\n\n(3) If a party consents, the party must file the consent.\n\n(4) Despite any other provision of these Rules, if a consent is filed by a party to the proceedings, a Registrar:\n\n(a) may bring the matter before a Judge, a Judicial Registrar, or a Magistrate, who:\n\n(i) if the Judge, Judicial Registrar, or Magistrate thinks fit; and\n\n(ii) without any other application being made;\n\nmay direct the Registrar to prepare, sign and seal an order of the court in accordance with the terms of the consent; or\n\n(b) if the Registrar is a Registrar of a Family Court — may make an order in accordance with the terms of the consent.\n\n(5) For the purposes of subrule (4), a consent to the making of a particular order in proceedings is taken to be filed by each party to the proceedings if a consent that sets out the proposed order:\n\n(a) is filed by one of the parties to the proceedings; and\n\n(b) bears the signed endorsement of each other party.\n\n(6) A consent order made under this rule is taken to be of the same force and validity as if it had been made after a hearing by the court.\n\n","sortOrder":30},{"sectionNumber":"8A","sectionType":"section","heading":"Proposed order for superannuation interest","content":"8A Proposed order for superannuation interest\n\n(1) This rule applies if, in a proposed consent order:\n\n(a) a party seeks an order in relation to a superannuation interest (the order sought); and\n\n(b) the order sought will impose an obligation on the trustee of the eligible superannuation plan in which the interest is held to take particular action in relation to the interest (for example, a payment split).\n\n(2) At least 28 days before filing the proposed consent order, the party must serve the following documents on the trustee of the eligible superannuation plan in which the superannuation interest is held:\n\n(a) a copy of the proposed consent order that the parties intend to file, signed by the parties;\n\n(b) a written notice stating that:\n\n(i) the parties intend to file the proposed consent order if no objection to the order is received from the trustee within the time mentioned in subrule (3); and\n\n(ii) if the trustee objects to the order sought, the trustee must give the parties written notice of the objection within the time mentioned in subrule (3).\n\n(3) If the trustee does not object to the order sought within 28 days after receiving a notice under subrule (2), the parties may file the proposed consent order.\n\nDivision 2 Applications under section 87 of the Act\n\n9 How to apply\n\nAn application for approval of a maintenance agreement under section 87 of the Act must be made:\n\n(a) orally during a hearing or trial in the proceedings; or\n\n(b) by filing an application in accordance with Form 8.\n\n10 Documents to be filed by applicant\n\n(1) An applicant for approval of a maintenance agreement must:\n\n(a) in the case of an oral application — provide to the court; or\n\n(b) in the case of an application in writing — file with the application;\n\nthe documents specified in subrule (2), unless the applicant has already done so.\n\n(2) The documents are:\n\n(a) a financial statement in accordance with Order 17, rule 2; and\n\n(b) if an affidavit or other document is necessary to support the application and is relevant to the question of whether the provisions of the agreement with respect to financial matters are proper — the affidavit or document.\n\n11 Documents to be filed by respondent\n\nBefore the date fixed for the hearing of an application, a respondent must file:\n\n(a) a financial statement in accordance with Order 17, rule 2; and\n\n(b) if an affidavit or other document is necessary to support the respondent’s position in relation to the application and is relevant to the question of whether the provisions of the agreement with respect to financial matters are proper — the affidavit or document.\n\n  \n\nOrder 15 Parties and next friends\n\nDivision 1 Parties\n\n1 Application for parenting order\n\nIf a parenting order is sought in proceedings, unless the court or a Registrar otherwise orders, the parties must include:\n\n(a) the parents of the child; and\n\n(b) any other person in whose favour a parenting order has been made in relation to the child; and\n\n(c) any other person or body on whom any aspect of parental responsibility has been conferred by order in relation to the child.\n\n2 Person may be joined as party\n\n(1) A party to proceedings may join any person as a party to the proceedings by:\n\n(a) naming the person as a party in:\n\n(i) the application initiating proceedings; or\n\n(ii) the response to the application; or\n\n(iii) the reply to the response; and\n\n(b) serving on the person a copy of the application, response or reply and any other relevant documents filed in the proceedings.\n\n(2) A person may not be joined as a party after the directions hearing without the leave of the court.\n\n(3) The court may at any time order a party who has joined a person as a party to proceedings to file and serve on each other party to the proceedings an affidavit setting out the basis on which the person has been joined.\n\n3 Party may apply to be removed\n\n(1) Any party to proceedings may apply to the Court to be removed as a party by filing an application in accordance with Form 8.\n\n(2) The party must file with the application an affidavit setting out:\n\n(a) the relationship (if any) of the applicant to the other parties; and\n\n(b) the evidence in support of the application.\n\n(3) The party must serve a copy of the application and affidavit on each other party to the proceedings.\n\n4 Court may order notice to be given\n\nAt any time during proceedings, the court or a Registrar may order a party, or a person who seeks leave to intervene, to give notice to a person specified in the order stating:\n\n(a) that proceedings have been instituted; or\n\n(b) that a person seeks leave to intervene in the proceedings; or\n\n(c) any other fact or matter the court or Registrar thinks appropriate.\n\nDivision 2 Intervention\n\n5 Intervention in proceedings by a person not a party\n\n(1) If a person who is not a party to proceedings seeks to intervene in the proceedings, the person must file an application for leave to intervene in accordance with Form 8.\n\n(2) The person must file with the application an affidavit setting out:\n\n(a) the relationship (if any) of the applicant to the parties; and\n\n(b) the orders (if any) that the applicant will ask the court to make if granted leave to intervene; and\n\n(c) the evidence in support of the application.\n\n(3) The person must serve the application and affidavit on each other party to the proceedings.\n\n(4) The court, or a Registrar, may make any orders it thinks proper with respect to the application including an order for intervention on limited terms or as to the filing of further documents.\n\n6 Intervention by Attorney-General in proceedings generally\n\nIf the Attorney-General intervenes in proceedings, the Attorney-General must:\n\n(a) file a notice:\n\n(i) stating that the Attorney-General intervenes in the proceedings; and\n\n(ii) setting out the basis or grounds of the intervention; and\n\n(iii) setting out the orders (if any) sought; and\n\n(b) if the proceedings are under section 58 of the Act — file an affidavit setting out the facts and matters relied on in support of the intervention; and\n\n(c) serve a copy of the notice and affidavit (if any) on each other party to the proceedings.\n\n7 Child to whom State welfare law applies\n\nIf, on an application for leave to intervene in proceedings under section 92 of the Act in relation to a child to whom subsection 69ZK (1) of the Act applies, the court does not grant leave, it may adjourn the proceedings and give the Attorney-General notice of its refusal to grant leave and of the date to which the proceedings are adjourned.\n\nDivision 3 Proceedings after death\n\n8 Proceedings after death of a person\n\n(1) A court may make any orders it thinks proper with respect to proceedings if:\n\n(a) a person dies; and\n\n(b) under the Act, the proceedings may be instituted or continued by or against the person’s estate or legal personal representative.\n\n(2) The orders may include:\n\n(a) an order that the legal personal representative be substituted for the deceased person as a party; and\n\n(b) an order that notice of the proceedings be given to a person in the manner directed by the court; and\n\n(c) an order granting leave to a person to intervene in the proceedings on the terms the court thinks fit; and\n\n(d) an order for the amendment of an application or other document in the proceedings, in the manner and subject to the conditions that the court thinks fit.\n\nDivision 4 Person needing next friend\n\n9 Definition\n\n> person who needs a next friend, in relation to proceedings, means a person who, because of physical or mental infirmity, does not understand the nature and possible consequences of the proceedings or is not capable of adequately conducting, or giving adequate instruction for the conduct of, the proceedings.\n\n10 Instituting, continuing, defending or intervening in proceedings\n\nA person who needs a next friend may institute, continue, defend or seek to intervene in proceedings by his or her next friend.\n\n11 Conduct of proceedings by next friend\n\nA person appointed under this Order as the next friend of a party to proceedings:\n\n(a) must do anything required by these Rules to be done by the party; and\n\n(b) may do anything permitted by these Rules to be done by the party.\n\n12 Service\n\n(1) This rule applies if a document is required to be served in proceedings on a person who needs a next friend.\n\n(2) The document may be served on any person (including the person who needs a next friend) whom the Court may, before or after service, approve.\n\n(3) If the person has a next friend in the proceedings, the document may be served on the next friend.\n\n(4) Unless a next friend is taken to be appointed under rule 16, the document may be served on a person with whom the person who needs a next friend is residing or who has the care of the person who needs a next friend.\n\n(5) However, service of a document on a person who needs a next friend is taken not to have been effected unless the court is satisfied:\n\n(a) that the nature and contents of the document was brought to the notice of the person; or\n\n(b) that the person could not understand the nature and contents of the document; or\n\n(c) that to bring to the attention of the person the nature and content of the document would be injurious to the person.\n\n(6) For subrule (4), a superintendent or other person in direct charge of a hospital or nursing home is taken to have the care of a person who is a patient in the hospital or nursing home.\n\n13 Attorney-General may appoint next friend\n\n(1) The Attorney-General may appoint in writing a person (including a corporation sole) to be an authorised person for the purposes of this rule, either generally or for a particular person.\n\n(2) If an authorised person consents to be next friend of a person in proceedings by filing a consent in accordance with Form 29, the authorised person is taken to be appointed as the next friend of that person in the proceedings.\n\n14 Court may appoint next friend\n\n(1) If a party to proceedings is a person who needs a next friend, the court may appoint a person to be next friend of the party:\n\n(a) on the application of a person under this Order; or\n\n(b) if it appears to the court to be necessary, of its own motion.\n\n(2) If the person to be appointed is not a corporation mentioned in subrule 15 (2), before making an appointment the court must be satisfied that the person:\n\n(a) is a fit and proper person to be next friend of the party; and\n\n(b) has no interest in the proceedings adverse to the party; and\n\n(c) has filed a consent in accordance with Form 29.\n\n(3) If a person is to be appointed to be next friend of a party, the court may order a stay of proceedings for such time and on such terms as the court thinks fit.\n\n15 Application for appointment of next friend (for respondent)\n\n(1) If a respondent to an application is a person who needs a next friend and does not file a response, affidavit or notice of address for service in the proceedings, any person, including another party to the proceedings, may apply to the court for the appointment of a next friend for the respondent.\n\n(2) A corporation authorised under the law of a State or Territory to be appointed to defend the action on behalf of a person who needs a next friend may apply to the court to be appointed as next friend for the respondent.\n\n(3) An application under this rule may be made ex parte.\n\n(4) Unless the court otherwise orders, the proceedings must not be continued until a next friend has been appointed for the respondent and the next friend has filed a response, an affidavit or a notice of address for service.\n\n16 Person taken to be appointed next friend\n\n(1) This rule applies if, for a person who needs a next friend, there is:\n\n(a) a committee of the person; or\n\n(b) no committee of person, but a committee of the estate of the person; or\n\n(c) under the law of a State or Territory, a trustee or manager of the person.\n\n(2) The committee, trustee or manager is taken to be appointed as the next friend of the person unless:\n\n(a) the committee, trustee or manager is unable or unwilling to be next friend; or\n\n(b) another person has been appointed as next friend under this Order.\n\n17 Notice of becoming next friend\n\nA person appointed as the next friend of a respondent or intervener in proceedings must, as soon as practicable after the appointment, give notice of the appointment to each other party to the proceedings.\n\n18 Removal of next friend\n\nThe court may remove a person as next friend if:\n\n(a) the person makes application to be removed as next friend; or\n\n(b) the court considers that it is appropriate that the person be removed as next friend.\n\n19 Costs and expenses of next friend\n\nThe court may make such orders as it thinks fit for the payment of the costs and expenses of a next friend (including the costs of an application for the appointment of a next friend):\n\n(a) by a party; or\n\n(b) from the income or assets of the person for whom the next friend is appointed.\n\n  \n\nOrder 16 Affidavits\n\n1 Form of affidavit — Form 16\n\n(1) An affidavit must be in accordance with Form 16.\n\n(2) An affidavit must be divided into paragraphs, numbered consecutively, each paragraph being, as far as possible, confined to a distinct portion of the subject-matter.\n\n2 Signing of affidavit\n\n(1) The deponent and the person before whom an affidavit is sworn must sign each page of the affidavit.\n\n(2) Subject to subrule (3), the deponent and the person before whom an affidavit is sworn must initial alterations, interlineations or erasures in the affidavit.\n\n(3) A deponent who is physically incapable of signing an affidavit need not:\n\n(a) sign the affidavit; or\n\n(b) initial alterations, erasures or interlineations in it.\n\n(4) A person before whom an affidavit is sworn must print his or her name legibly under, or beside, the signature, after signing the jurat.\n\n3 Affidavit by blind or illiterate person etc\n\n(1) If the person before whom an affidavit is sworn considers that the deponent is illiterate or blind, the person must certify, in or below the jurat, that at the time the affidavit was sworn:\n\n(a) the affidavit was read aloud to the deponent; and\n\n(b) the deponent seemed to understand the affidavit.\n\n(2) If it appears to a person before whom an affidavit is sworn that the deponent is physically incapable of signing the affidavit, the person must certify, in or below the jurat, that at the time the affidavit was sworn:\n\n(a) the affidavit was read aloud to the deponent; and\n\n(b) the deponent seemed to understand the affidavit; and\n\n(c) the deponent signified that the deponent swore the affidavit.\n\n(3) If an affidavit is to be made by a person who does not have an adequate command of English:\n\n(a) the affidavit and the oath or affirmation to be taken must be translated to the deponent into a language that the deponent understands; and\n\n(b) the person who translated the affidavit and the oath or affirmation must certify, in or below the jurat, that the person has done so.\n\n(4) If an affidavit is made by a deponent who:\n\n(a) is illiterate or blind; or\n\n(b) is physically incapable of signing the affidavit; or\n\n(c) does not have an adequate command of English;\n\nand the certificate required by subrule (1), (2) or (3) has not been provided, the affidavit is not to be used unless the court, or a Registrar, is satisfied that:\n\n(d) the affidavit was read aloud or translated to the deponent, as the case requires; and\n\n(e) the deponent seemed to understand it; and\n\n(f) in the case of a person who is physically incapable of signing the affidavit — the deponent signified that the deponent swore the affidavit.\n\n4 Documents attached or exhibited\n\n(1) A document that is to be used in conjunction with an affidavit must be attached to, or made an exhibit to, the affidavit.\n\n(2) An attachment to an affidavit must bear an endorsement, signed by the person before whom the affidavit is sworn, that identifies the attachment as the particular attachment referred to in the affidavit.\n\n(3) An exhibit to an affidavit must be identified:\n\n(a) by the title and number of the proceedings in which the affidavit is filed; and\n\n(b) by the person before whom the affidavit is sworn — as the particular exhibit referred to in the affidavit.\n\n(4) If a document is attached or exhibited to an affidavit, a copy of the document must be served with the affidavit.\n\n5 Cover sheet\n\nAn affidavit must have a cover sheet bearing, in addition to the matters required by Order 2, rule 3:\n\n(a) the name of the deponent; and\n\n(b) the date upon which the affidavit was sworn.\n\n6 Name of person who prepares or settles affidavit\n\n(1) If a lawyer prepares or settles, or supervises the preparation or settling of, an affidavit, the lawyer must endorse on the affidavit, immediately after the jurat, a statement to that effect including the lawyer’s name.\n\n(2) If a party to proceedings prepares an affidavit, the party must endorse on the affidavit, immediately after the jurat, a statement to that effect including the party’s name.\n\n7 Filing and service of affidavit\n\nA party who intends to rely on an affidavit in proceedings must:\n\n(a) file the affidavit; and\n\n(b) serve it on each other party to the proceedings;\n\nas soon as practicable after it is sworn and a reasonable time before the hearing at which the party intends to rely on it.\n\n8 Affidavit that does not comply with these Rules\n\nIf an affidavit does not comply with these Rules, the court, or a Registrar, may order that the affidavit must not be received in evidence.\n\n9 Striking out of objectionable material\n\n(1) The court, or a Registrar, may order material to be struck out of an affidavit, at any stage of proceedings, if:\n\n(a) the material is inadmissible, unnecessary, irrelevant, prolix, scandalous or argumentative; or\n\n(b) the material sets out opinions of persons who are not properly qualified to give them.\n\n(2) If the court, or a Registrar, orders material to be struck out of an affidavit, the party who filed the affidavit must pay the costs (if any) caused by the material struck out, unless the court, or the Registrar, otherwise orders.\n\n10 Notice to attend for cross-examination\n\n(1) A party may require a named deponent to attend for cross-examination, by written notice given to a party by whom an affidavit was filed.\n\n(2) If a party requires a deponent to attend for cross-examination and the deponent fails to do so, the court, or a Registrar, may:\n\n(a) refuse to allow the deponent’s affidavit to be used; or\n\n(b) allow the affidavit to be used only on terms directed by the court, or the Registrar; or\n\n(c) adjourn the proceedings until the deponent attends for cross-examination.\n\n11 Deponent’s attendance and expenses\n\nThe court, or a Registrar, may make any orders the court, or the Registrar, thinks fit regarding the attendance of, and the payment of the out-of-pocket expenses of, a deponent who attends for cross‑examination in accordance with rule 10.\n\n12 Dates etc to be in figures\n\nIn an affidavit, dates (except the name of a month), numbers and amounts of money must be written in figures and not in words.\n\n13 Two or more deponents\n\n(1) If an affidavit is sworn by 2 or more deponents, the full name of each deponent must be set out:\n\n(a) at the beginning of the affidavit; and\n\n(b) subject to subrule (2), in the jurat.\n\n(2) If all the deponents swear the affidavit at the same time and before the same person, the jurat need only state that the affidavit was sworn by all the “abovenamed” deponents.\n\n14 Affidavits not to be filed\n\n(1) A person must not file an affidavit in relation to an application except:\n\n(a) as provided by these Rules; or\n\n(b) by order of a court, or a Registrar.\n\n(2) Except as otherwise provided in these Rules, an affidavit filed under subrule (1), or by order of a court or a Registrar, must be received in evidence only for the purpose of the application in relation to which it was filed.\n\n  \n\nOrder 17 Financial circumstances\n\n(1) Subject to subrule (2), this Order applies to proceedings with respect to financial matters, including proceedings under section 79, 79A, 85A or 87 of the Act.\n\n(2) Unless the court, or a Registrar, otherwise orders, this Order does not apply to:\n\n(a) applications for interim or procedural orders; or\n\n(b) applications under Order 11, Division 3 or Order 14, Division 1.\n\n2 Superannuation information form and financial statement (Form 17)\n\n(1) This rule applies to a person who:\n\n(a) files an application instituting proceedings to which this Order applies; or\n\n(b) is a respondent to proceedings to which this Order applies and who files a response in those proceedings.\n\n(2) The person must file with the application or response a financial statement in accordance with Form 17.\n\n(3) If the person is seeking an order for property settlement and has a superannuation interest, the person must attach to Form 17 a completed superannuation information form in relation to that interest.\n\n3 Full and frank disclosure\n\nA person who is required by these Rules to file a financial statement in accordance with rule 2 must make in the financial statement a full and frank disclosure of the person’s financial circumstances including details of:\n\n(a) any vested or contingent interest in property (including real or personal property, superannuation and legal and equitable interests); and\n\n(b) the person’s income from all sources, including any benefit received in relation to, or in connection with, the person’s employment or business interests; and\n\n(c) the person’s other financial resources; and\n\n(d) any trust:\n\n(i) of which the person is the appointor or trustee; or\n\n(ii) of which the person, or the person’s child or spouse, or de facto spouse, is an eligible beneficiary as to capital or income; or\n\n(iii) of which a corporation is an eligible beneficiary as to capital or income if the person, or the person’s child or spouse, is a shareholder or director of that corporation; or\n\n(iv) over which the person has any power or control, either direct or indirect; or\n\n(v) of which the person has the power, directly or indirectly, to remove or appoint a trustee; or\n\n(vi) of which the person has the power (whether subject to the concurrence of another person or not) to amend the terms; or\n\n(vii) of which the person has the power to disapprove:\n\n(A) a proposed amendment of the terms; or\n\n(B) the appointment or removal of a trustee; or\n\n(viii) over which a corporation has a power referred to in subparagraphs (iv) to (vii), if the person is a director or shareholder of that corporation; and\n\n(e) any gift or other disposition of property made by the person since the separation of the parties.\n\n4 Production of documents\n\n(1) Unless the court, or a Registrar, otherwise orders, a person who is required to file a financial statement in accordance with rule 2 must serve on each party who has an address for service in the proceedings the following documents:\n\n(a) copies of the person’s 3 most recent taxation returns;\n\n(b) copies of the person’s 3 most recent taxation assessments;\n\n(c) if the person is a member of a superannuation plan:\n\n(i) if not already filed or exchanged — the completed superannuation information form for any superannuation interest of the person; and\n\n(ii) for a self-managed superannuation fund — the trust deed and copies of the 3 most recent financial statements for the fund;\n\n(d) copies of the 3 most recent financial statements and taxation returns of any relevant partnership, trust or company (except a public company).\n\n(2) The documents must be served no later than 3 days before the case assessment conference or first directions hearing.\n\n5 Amendment of statement if circumstances change\n\n(1) If a person files a financial statement in accordance with rule 2 and there is a significant change in relation to the person’s financial circumstances, the person must amend the statement, as soon as practicable:\n\n(a) if the amendment may be clearly set out in 3 folios or less — by filing and serving an affidavit setting out the amendments; or\n\n(b) in any other case — by filing and serving an amended financial statement.\n\n(2) If a person files an amended financial statement under paragraph (1) (b), the person must:\n\n(a) re-swear or reaffirm the statement; and\n\n(b) clearly identify the amendments.\n\n  \n\nOrder 18 Service\n\nDivision 1 Address for service\n\n1 Address for service — right to be heard in proceedings\n\nA person who has not given an address for service is not entitled to be heard by the court in proceedings unless the court orders otherwise.\n\n2 Giving address for service\n\n(1) A person may give an address for service in proceedings:\n\n(a) by filing a notice of address for service in accordance with Form 18; or\n\n(b) by filing another relevant document, in a form prescribed by these Rules, that includes an address for service.\n\n(2) If a party to proceedings (in this subrule called the later proceedings):\n\n(a) has not given an address for service in the later proceedings in accordance with subrule (1); and\n\n(b) has an address for service in other proceedings between the parties (except proceedings for divorce or other principal relief); and\n\n(c) has taken a step in the other proceedings within 6 months before the day on which a document that is required to be served on the party is filed in the later proceedings;\n\nthe party’s address for service in the other proceedings is taken to be the party’s address for service in the later proceedings unless the party changes his or her address for service in the later proceedings.\n\n(3) Unless the court orders otherwise, if a person who does not have an address for service files a document in proceedings, the document must include the person’s address for service.\n\n(4) An address for service must be an address in Australia.\n\n3 Change of address for service\n\nA party to proceedings may change the party’s address for service in the proceedings by filing a notice of address for service in accordance with Form 18.\n\n4 Notifying other parties of address for service\n\nUnless the court orders otherwise, a person who files a notice of address for service in proceedings under rule 2 or 3 must serve a sealed copy of the notice on each other party to the proceedings.\n\nDivision 2 When and how are documents served?\n\n5 When, and on whom, must documents be served?\n\n(1) If a document filed in proceedings is to be served under the Act, the Regulations or these Rules, the person who filed the document must serve a copy of it as soon as practicable:\n\n(a) on each other party to the proceedings who has an address for service in the proceedings; and\n\n(b) on any child’s representative appointed under section 68L of the Act; and\n\n(c) in the case of an application initiating a claim, or a cause of action, and any document filed with the application — on each other party to the application.\n\n(2) Unless the court orders otherwise, a person must not serve a document on another person more than 12 months after the date on which the document was filed.\n\n6 Service by hand\n\n(1) If a document is served on a person by handing it to him or her, it must not be handed to him or her by the party on whose behalf it is being served, but it may be handed to him or her in the party’s presence.\n\n(2) If an individual refuses to accept a document from the person serving it, the document is taken to have been handed to the individual if:\n\n(a) the document is put down, and left, in his or her presence; and\n\n(b) the person serving the document tells the individual what the document is.\n\n7 Service of applications for divorce or other principal relief\n\nA sealed copy of an application for divorce or other principal relief must be served on the respondent by:\n\n(a) handing it to him or her; or\n\n(b) sending it by pre-paid post in a sealed envelope addressed to him or her at his or her last known address.\n\n8 Service of summary applications for maintenance\n\nAn application referred to in rule 1 of Order 11 (which deals with summary maintenance procedure) must be served on the respondent:\n\n(b) by sending it in a sealed envelope addressed to the respondent at his or her last known address:\n\n(i) if the application is to be served in Australia — by pre‑paid post as certified mail; or\n\n(ii) if the application is to be served outside Australia — by pre-paid post as security mail.\n\n8A Service of application or order for superannuation interest\n\n(1) This rule applies if, in an application, response or reply, a person:\n\n(a) seeks a flagging or splitting order in relation to a superannuation interest under Part VIIIB of the Act; or\n\n(b) applies under section 79A of the Act for an order to set aside an earlier order made in relation to a superannuation interest.\n\n(2) The person must, immediately after filing the application, response or reply, serve a sealed copy of that document on the trustee of the eligible superannuation plan in which the interest is held.\n\n(3) If the court makes an order splitting, flagging or otherwise affecting a superannuation interest, the applicant must serve a copy of it on the trustee of the eligible superannuation plan in which the interest is held.\n\n9 Service of other documents on individuals\n\n(1) Except as otherwise provided in these Rules, if an individual has an address for service, a document (other than an application referred to in rule 7 or 8) may be served on the individual:\n\n(b) by delivering it to the address in a sealed envelope addressed to him or her; or\n\n(c) by sending it by pre-paid post in a sealed envelope addressed to him or her at the address; or\n\n(d) by fax addressed to him or her and sent to a fax receiver at the address; or\n\n(e) if the address includes the number of a document exchange box of a lawyer — by sealing the document in an envelope (that complies with any pre-payment requirements of the document exchange and is addressed to the lawyer at that box address) and placing the envelope:\n\n(i) in that box; or\n\n(ii) in a box provided at another branch of the document exchange for delivery of documents to the box address.\n\n(2) Except as otherwise provided in these Rules, if an individual does not have an address for service, a document (other than an application referred to in rule 7 or 8) may be served on the individual:\n\n(b) by delivering it to his or her last known address in a sealed envelope addressed to him or her; or\n\n(c) by sending it by pre-paid post in a sealed envelope addressed to the individual at his or her last known address.\n\n10 Service on bodies corporate\n\n(1) Except as otherwise provided in these Rules, if a body corporate has an address for service, a document may be served on the body corporate:\n\n(a) by delivering it to the address in a sealed envelope addressed to the body corporate; or\n\n(b) by sending it by pre-paid post in a sealed envelope addressed to the body corporate at the address; or\n\n(c) by fax addressed to the body corporate and sent to a fax receiver at the address; or\n\n(d) if the address includes the number of a document exchange box of a lawyer — by sealing the document in an envelope (that complies with any pre-payment requirements of the document exchange and is addressed to the lawyer at that box address) and placing the envelope:\n\n(i) in that box; or\n\n(ii) in a box provided at another branch of the document exchange for delivery of documents to the box address.\n\n(2) Except as otherwise provided in these Rules, if a body corporate does not have an address for service, a document may be served on the body corporate:\n\n(a) if the body corporate has a registered office in the same State or Territory as the filing registry:\n\n(i) by delivering or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the registered office; or\n\n(ii) by fax addressed to the body corporate and sent to a fax receiver at the registered office; or\n\n(b) if the body corporate does not have a registered office in that State or Territory:\n\n(i) by delivering or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the principal place of business or principal office of the body corporate in the State or Territory; or\n\n(ii) by fax addressed to the body corporate and sent to a fax receiver at that office or place of business; or\n\n(c) if the body corporate does not have a registered office or place of business in the State or Territory:\n\n(i) by delivering it or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the body corporate’s registered office in another State or Territory; or\n\n(ii) by fax addressed to the body corporate and sent to a fax receiver at the registered office; or\n\n(d) by handing the document to each of 2 directors of the body corporate who reside in the State or Territory where the filing registry is located; or\n\n(e) if a liquidator, or an official manager, of the body corporate has been appointed:\n\n(i) by delivering it or sending it by pre-paid post in a sealed envelope to the office of the liquidator or official manager; or\n\n(ii) by fax addressed to the liquidator or official manager and sent to a fax receiver at that office.\n\n","sortOrder":31},{"sectionNumber":"10A","sectionType":"section","heading":"Service of documents under the corporations jurisdiction","content":"10A Service of documents under the corporations jurisdiction\n\nDespite the other provisions of this Order, a document required under Order 71 of the Federal Court Rules, as applied by Order 41 of these Rules, to be served on a person may be served according to rule 2 of Order 7 of the Federal Court Rules.\n\n11 Additional requirements for service by post\n\n(1) A person serving a document by post must include with the document:\n\n(a) a form of acknowledgment of service in accordance with Form 19; and\n\n(b) an envelope that:\n\n(i) is addressed to the person on whose behalf the document is being served at the address for service of that person; and\n\n(ii) if the document is to be sent to an address in Australia — bears the correct postage for the return by post of the acknowledgment of service in the envelope.\n\n(2) If the document is to be served by post outside Australia, the document must be posted by air mail.\n\n12 When is a service by post effected?\n\nSubject to rule 16, a document served on a person by post is taken to have been served on the person:\n\n(a) if it was posted to an address in Australia — on the day on which the document would be delivered in the ordinary course of post; or\n\n(b) if it was posted to an address outside Australia — on the twenty-eighth day after the day of posting.\n\n13 Court’s discretion relating to service\n\nNothing in this Order affects the power of a court exercising jurisdiction under the Act or another Act:\n\n(a) to authorise service of a document in a manner that is not provided for in Division 1 or 2; or\n\n(b) to find that a document has been served; or\n\n(c) to find that a document has been served on a particular date.\n\nDivision 3 Proof of service\n\n14 Acknowledgment of service\n\n(1) A person on whom a document is served may acknowledge service of the document by an acknowledgment of service.\n\n(2) An acknowledgment of service:\n\n(a) must be in accordance with Form 19; and\n\n(b) may be signed by the person on whom the document was served or by his or her lawyer.\n\n(3) If a lawyer signs an acknowledgment of service on behalf of a party to proceedings, the filing of the acknowledgment is taken to constitute proof of service of a document to which it refers on the date on which service of the document is acknowledged.\n\n15 Affidavit of service\n\n(1) Unless the court otherwise orders, any evidence of service to be given (except an acknowledgment of service) must be given by affidavit.\n\n(2) An affidavit of service must be:\n\n(a) for an application for dissolution of marriage that is served by the applicant by post — in accordance with Form 20; and\n\n(b) for an application for dissolution of marriage that is served by another person — in accordance with Form 21; and\n\n(c) in any other case — in accordance with Form 22.\n\n(3) If the deponent to an affidavit of service can:\n\n(a) identify the signature of a person on an acknowledgment of service of a document; or\n\n(b) give other evidence relating to the identity of a person on whom a document is served;\n\nthe identification or other evidence may be included in the affidavit of service.\n\n16 Evidence of service of documents\n\n(1) Evidence of signature may be in accordance with Form 23.\n\n(2) An acknowledgment of service of a document that is signed by the person on whom the document was served is evidence that the document was served in accordance with the acknowledgment.\n\n(3) If the server of a document can identify the person served, service of the document may be proved by evidence to that effect given by the server.\n\n(4) If the server of a document can identify a photograph of the person served, and another person who knows the person served identifies the photograph as a photograph of the person served, service of the document may be proved by evidence to that effect by the server and the other person.\n\n(5) If a person other than the server of a document:\n\n(a) was present when the document was served; and\n\n(ii) saw the document handed to the person served, or put down and left in the presence of the person served; and\n\n(iii) can identify the person served;\n\nservice of the document may be proved by evidence to that effect given by the other person.\n\n(6) Nothing in this rule precludes the giving of any other evidence to prove the service of a document.\n\nDivision 4 Discretion as to service\n\n17 Court may dispense with service of documents\n\n(1) On application made ex parte in accordance with Form 8, the court may dispense with service of a document.\n\n(2) In considering an application, the court may have regard to:\n\n(a) whether the applicant has taken reasonable steps to serve the document on the respondent; and\n\n(b) whether the applicant has taken reasonable steps to provide the respondent with a copy of the document; and\n\n(c) whether the respondent could become aware of the existence and nature of the document by means of advertising or another form of communication that is reasonably available to the applicant; and\n\n(d) the likely cost to the applicant of serving the document, the means of the applicant and the nature of the proceedings; and\n\n(e) any other relevant matter.\n\n(3) If an order relating to service of a document under subrule (1):\n\n(a) is unconditional; or\n\n(b) is made subject to a condition that is complied with;\n\nthe document is taken to have been served.\n\n18 Failure to comply with conditions\n\nEven if an applicant has not complied with a condition of an order made under rule 17, the court may order that the document is taken to have been served on a date specified in the order.\n\n  \n\nOrder 19 Answers to specific questions\n\n1 Specific questions\n\nA party to proceedings who has filed an application or a response may serve on another party a request for answers to specific questions:\n\n(a) in proceedings commenced by application in accordance with Form 3 — after the end of the directions hearing (including any adjournments) and any conciliation conference ordered at the directions hearing; or\n\n(b) otherwise — with the leave of the court or a Registrar.\n\n2 Number of requests\n\nUnless the court, or a Registrar, otherwise orders, a party to proceedings may request another party to answer specific questions once only in respect of an application.\n\n3 Answer to specific question\n\n(1) Subject to rule 5, and to all proper objections, a party who is asked a specific question under this Order must:\n\n(a) answer the specific question; or\n\n(b) if the party objects to answering the specific question — state why the party objects; or\n\n(c) if the party cannot answer the specific question — state why the party cannot answer;\n\nwithin 21 days after the specific question is served on the party, or within a further time allowed by the court, or a Registrar, or the party who asked the specific question.\n\n(2) A party who answers a specific question must verify the answer by affidavit.\n\n4 Service of specific question and answer\n\n(1) If a party asks a specific question under rule 1, then as soon as practicable after doing so, the party must serve a copy of the specific question on each other party to the proceedings who has an address for service.\n\n(2) If a party answers a specific question under rule 2 or 3, then, as soon as practicable after doing so, the party must serve copies of the answer and the affidavit verifying it on each other party to the proceedings who has an address for service.\n\n5 Answers not required before discovery\n\nIf:\n\n(a) a party has served another party (“the second party”) with a request for discovery; or\n\n(b) an order has been made for the second party to give discovery;\n\nthen, unless the court, or a Registrar, otherwise orders, the second party is not required to answer a specific question served on that party before the time specified in the request or order for discovery has expired.\n\n6 Order directing party to answer specific question\n\n(1) If a party who is asked a specific question under this Order fails to answer the specific question, the party who asked the specific question may apply to the court, or a Registrar, for an order directing the other party to answer the specific question.\n\n(2) If:\n\n(a) a party applies under subrule (1); and\n\n(b) the specific question is relevant to an issue in the proceedings;\n\nthe court, or the Registrar, may:\n\n(c) order the other party to answer:\n\n(i) the specific question; or\n\n(ii) the specific question with any changes that the court, or the Registrar, may direct; and\n\n(d) order the other party to answer the specific question within a specified time; and\n\n(e) make any order the court, or the Registrar, thinks fit in relation to:\n\n(i) the other party’s right to continue the proceedings; or\n\n(ii) continuation of the proceedings generally; and\n\n(f) make any order as to costs that the court, or the Registrar, thinks fit.\n\n7 Use of specific question or answer etc\n\nIf a party uses in proceedings:\n\n(a) a part of an answer or reason; or\n\n(b) one of a number of answers or reasons given by another party;\n\nfiled in those proceedings, the court, or a Registrar, may look at the whole of the answer or reason, or all the answers or reasons given by the second-mentioned party, as the case requires, and may direct the first-mentioned party to use:\n\n(c) the whole of the answer or reason; or\n\n(d) one or more other answers or reasons in addition to the answer or reason that the first-mentioned party uses;\n\nas the case requires.\n\n  \n\nOrder 20 Discovery and inspection\n\n1 Mutual and informal discovery\n\n(1) The parties to proceedings may agree to mutual and informal discovery and inspection of documents that relate to any matter in question in the proceedings.\n\n(2) Discovery and inspection pursuant to this rule may be had upon such terms as the parties agree.\n\n2 Request to make discovery\n\n(1) Subject to subrule (2), at any time after a date is fixed for the hearing of the proceedings, a party may serve on another party a request to make discovery, on oath, of documents that:\n\n(a) are, or have been, in the possession, custody or control of the other party; and\n\n(b) relate to all, or any, of the matters in question in the proceedings.\n\n(2) In proceedings commenced by an application in accordance with Form 3, a party may only serve a request to make discovery:\n\n(a) in financial matters — after the conciliation conference and no later than 42 days before the pre-trial conference; or\n\n(b) in proceedings relating to children — after the issue of the trial notice and no later than 42 days before the pre-trial conference; or\n\n(c) if the court, or a Registrar, grants leave to do so.\n\n(3) The court, or a Registrar, must not grant leave under paragraph (2) (c) unless there are special circumstances by reason of which the order granting leave should be made.\n\n(4) A request under this rule must be in accordance with Form 24.\n\n3 Time for, and form of, discovery\n\n(1) A party to proceedings on whom a request under rule 2 has been served shall make discovery of documents by filing an affidavit of documents, and serving a copy of the affidavit on the party who made the request, within 21 days after service of that request or within such further time as the court or the requesting party allows.\n\n(2) An affidavit of documents shall be in accordance with Form 25.\n\n4 Order to make discovery\n\n(1) The court, or a Registrar, may order a party to proceedings to make discovery, either generally or in relation to particular documents.\n\n(2) Before ordering a party to make discovery, the court, or a Registrar, must take into consideration the matters specified in rule 2.\n\n(3) An order to make discovery may be made subject to conditions relating to service, or conditions generally, as the court, or a Registrar, thinks fit.\n\n(4) A party who is ordered to make discovery must do so by filing an affidavit of documents in accordance with Form 25.\n\n4A Electronic exchange\n\nThe court may make an order directing the exchange of documents by electronic means.\n\n5 Production of documents to the court\n\n(1) The court may order a party to proceedings to produce to it a document in the possession, custody or control of that party, relating to a matter in question in the proceedings.\n\n(2) Where, on the hearing of an application for the production by a party of a document for inspection by the party making the application or to the court:\n\n(a) privilege from production or inspection is claimed; or\n\n(b) objection is made to production or inspection on any other ground;\n\nthe court may inspect the document for the purpose of determining whether the claim or objection is valid.\n\n6 Notice to produce\n\n(1) A party to proceedings may, by notice in writing served on another party, require the other party to produce, at the hearing of the proceedings, a document specified in the notice, being a document, that is in the possession, custody or control of that other party.\n\n(2) The party served shall, unless the court otherwise orders, produce the document in accordance with the notice.\n\n(3) A notice to produce a document shall be in accordance with Form 26.\n\n7 Application for production by other persons\n\n(1) Not less than 14 days before a hearing in proceedings, a party to those proceedings who has an address for service in the proceedings may apply to the court for an order directing a person who is not a party to produce for inspection a book, document or thing in the possession, custody or control of that person, relating to any matter in question in the proceedings and which that person could be required to produce at the hearing.\n\n(2) An application under this rule shall be served on each other party to the proceedings who has an address for service and on the person against whom the order is sought.\n\n(3) The court may make an order under subrule (1) only if, at the time the court proposes to make the order:\n\n(a) the applicant for the order is entitled, without leave, to serve a request to make discovery under rule 2; or\n\n(b) there are special circumstances.\n\n8 Production by other persons\n\nWhere, on the hearing of an application under rule 7, the court is satisfied that there is in the possession, custody or control of the respondent a book, document or thing of a kind referred to in subrule 7 (1) and that it is just that the applicant or another party to the proceedings in relation to which the application is made should inspect such book, document or thing, the court may, subject to such conditions and restrictions as it thinks it proper to impose, order that the respondent produce such book, document or thing to the Registrar of the filing registry at a time and place specified in the order.\n\n9 Order for particular discovery\n\nWhere at any stage of proceedings it appears to the court from evidence or from the nature or circumstances of the case or from any document filed in the proceedings that there are grounds for belief that some document or class of document relating to any matter in question in the proceedings may be or may have been in the possession, custody or control of a party, the court may order that party:\n\n(a) to file an affidavit stating whether that document or any document of that class is or has been in the possession, custody or control of that party and, if it has been but is not then in the possession, custody or control of that party, when that party parted with it and what has become of it; and\n\n(b) to serve the affidavit on any other party.\n\n10 Inspection of documents produced by order\n\nA document produced pursuant to an order under this Order may be inspected at the time and place specified in the order or, if it is to be produced to a Registrar, at such other time and place as a Registrar of the filing registry may later appoint in which case such inspection shall be in the presence of the Registrar or of another officer of the court appointed by the Registrar.\n\n10A Request for inspection\n\n(1) Without limiting the generality of rule 1, where an application or affidavit filed by a party to proceedings refers to a document, any other party to those proceedings may, by notice served on the first-mentioned party, request that party to produce the document for inspection.\n\n(2) Where notice of a request under subrule (1) to produce a document is served on a party to proceedings, that party shall, not later than 4 days after the date of service of that notice, serve on the party making the request a notice:\n\n(a) specifying the time and place at which the document may be inspected;\n\n(b) claiming that the document is privileged from production and sufficiently stating the grounds of the privilege; or\n\n(c) stating that the document is not in the possession, custody or power of that first-mentioned party and stating to the best of that party’s knowledge, information and belief where the document is and in whose possession, custody or power it is.\n\n(3) The time specified for the purposes of paragraph (2) (a) in a notice under subrule (2) shall not be later than 7 days after the date of service of that notice.\n\n(4) A party to proceedings who serves on another party to those proceedings a notice under subrule (2) specifying a time and place at which a document may be inspected, shall, unless the court otherwise orders, produce that document for inspection by that other party at the time and place so specified.\n\n11 Copies of documents inspected\n\nA party who inspects a document pursuant to this Order may make a copy of, or extract from, the document unless the court otherwise orders.\n\n12 Failure to make discovery or give inspection\n\nWhere a party to proceedings fails to comply with an order requirement or agreement under this Order the court may make such order as to discovery, production, inspection, the continuance of the proceedings or as to the right of the party in default to continue the proceedings, as the court thinks fit.\n\n13 Documents not discovered or produced\n\nA party to proceedings is not entitled, except by leave of the court, to put a document or a copy of a document in evidence, or to furnish or cause to be furnished evidence of the contents of a document:\n\n(a) where:\n\n(i) the party has filed an affidavit of documents;\n\n(ii) the document, being a document relating to a matter in question in the proceedings, was, at the time the party swore the affidavit, in the possession, custody or control of the party or the document was not at the time, but had been, in the possession, custody or control of the party; and\n\n(iii) the document was not referred to in that affidavit of documents or in any other affidavit of documents filed by that party in pursuance of an order of the court; or\n\n(b) where the party has been served with a notice to produce under rule 6 and fails to produce the document in accordance with the notice.\n\n14 Certified copies of documents and entries in books\n\n(1) The parties to proceedings may agree, or the court may order, that a party furnish to the court or to a party a copy of an entry in a book used for the purposes of trade or business, verified by the affidavit of a person who has compared the copy with the original as a copy of the entry of which it purports to be a copy.\n\n(2) It shall be sufficient compliance with an order under rule 8 that a document be produced if there is produced in lieu of the document a copy of the document verified as a true copy by the affidavit of a person who has compared the copy with the original.\n\n(3) A copy furnished under subrule (1) or (2) shall not be treated as a true copy of the entry unless particulars of any erasures, alterations or interlineations are clearly shown on the copy.\n\n(4) Where a document is recorded or stored on tapes, discs or by any other mechanical or electronic means, or otherwise, and is capable of being reproduced into a material form, readily understood, whether directly or through the use of any device or thing, a reproduction of the document in that material form verified as an accurate reproduction by the affidavit of a person who can swear to such accuracy, shall for the purposes of subrules (1) and (2) be deemed to be a verified copy.\n\n(5) Notwithstanding anything contained in subrule (1) or (2), the court may order the production of the original document.\n\n15 When order not to be made\n\nAn order pursuant to this Order shall not be made unless the court is satisfied that the order is necessary either for disposing fairly of the proceedings or for saving costs.\n\n16 Where production no longer required\n\nWhere a person is required under this Order to produce a document, the party who gave the notice or obtained the order for the production of the document may, by notice in writing to that person, inform that person that production of the document is no longer required and the first‑mentioned person shall then be excused from such production.\n\n17 Costs and expenses of production\n\nWhere in proceedings a person being:\n\n(a) a respondent to an application under rule 7; or\n\n(b) a person required by an order made under rule 8 to produce a document;\n\nreasonably incurs costs or expenses on the hearing of the application or in connection with the production of the document, as the case may be, the person may apply to the court for an order as to the assessment and payment of such costs and expenses and the court may make such an order or give such directions as it thinks fit.\n\n18 Tender of reasonable expenses\n\nAn order made under rule 8 may require the party who obtains the order to tender reasonable expenses to the person who is the subject of the order.\n\n19 Return after production\n\nWhere a document is produced pursuant to an order made under rule 8, the Registrar shall, unless the court otherwise orders, as soon as practicable after the document has been inspected, return the document to the person who produced it.\n\n","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Interpretation","content":"20 Interpretation\n\nA reference in this Order to a document includes a reference to a record.\n\n  \n\nOrder 21 Preservation of property\n\n1 Orders for preservation\n\nIn proceedings concerning any property, or in which a question in relation to property arises, the court may make orders for the detention, custody, preservation, insurance or inspection of the property.\n\n2 Entry onto land etc\n\nAn order under rule 1 may authorise a person to enter upon land or premises and to do any other thing for the purpose of giving effect to the order.\n\n  \n\nOrder 22 Admissions\n\n1 Voluntary admission\n\n(1) A party to proceedings may, by notice served on another party, admit, in favour of the other party but for the purpose of the proceedings only, the facts specified in the notice.\n\n(2) A party may, with the leave of the court, withdraw an admission under subrule (1).\n\n2 Notice to admit facts or documents\n\n(1) A party to a proceeding may, by notice served on another party, require that other party to admit, for the purpose of the proceeding only, the facts or documents specified in the notice.\n\n(2) A notice under subrule (1) shall be in accordance with Form 27.\n\n(3) If, as to any fact or document specified in the notice, the party on whom the notice is served does not, within 14 days after service, serve on the party serving the notice to admit facts or documents, a notice disputing that fact or document, that fact or document shall, for the purpose of the proceedings, be admitted by the party on whom the notice to admit facts or documents is served in favour of the party serving the notice.\n\n(4) A notice under subrule (3) disputing a fact or document shall be in accordance with Form 28.\n\n(5) A party may, with the leave of the court, withdraw an admission under subrule (3).\n\n(6) Where a party serves a notice disputing a fact or a document under subrule (3), and afterwards that fact or the authenticity of the document is proved in the proceedings, the party disputing the fact or document shall, unless the court otherwise orders, pay the costs of proof.\n\n3 Admission of documents discovered\n\n(1) Where an affidavit of documents is served on a party under Order 20, then, subject to subrule (2), the following admissions by that party in favour of the party serving the affidavit, in relation to a document specified in the affidavit, shall have effect unless the court otherwise orders:\n\n(a) that the document, if described in the affidavit as an original document, is an original document and was printed, written, signed or executed as it purports to have been; or\n\n(b) that the document, if described in the affidavit as a copy, is a true copy.\n\n(2) Where a party:\n\n(a) has in a pleading or affidavit denied the authenticity of a document; or\n\n(b) within 14 days after the time specified in an order for inspection under Order 20, or in an affidavit of documents, as the time for inspection of a document, serves on the party giving inspection a notice disputing the authenticity of the document;\n\nsubrule (1) does not work an admission by the first-mentioned party as to that document.\n\n(3) Subrules (1) and (2) apply in relation to an affidavit made in compliance with an order under Order 20, rule 4 (which relates inter alia to discovery of particular documents) as they apply in relation to an affidavit of documents served under that Order.\n\n  \n\nOrder 23 Children\n\n> child means a person under the age of 18 years.\n\n2 Child party — court may require next friend\n\n(1) If a party to proceedings is a child and the court is satisfied that the child does not understand the nature and possible consequences of the proceedings or is not capable of conducting the proceedings on the child’s own behalf, the court may, at any time, require that a next friend of the child be appointed for the purposes of the proceedings as if the child is a person who needs a next friend in accordance with Division 4 of Order 15.\n\n(2) If the court requires that a next friend be appointed, it may order a stay of the proceedings for such time and on such terms as it thinks fit.\n\n3 Application for separate representation\n\n(1) An application under section 68L of the Act in relation to a child may be heard and determined by the court even if a next friend has not been appointed for the child.\n\n(2) If the court makes an order for separate representation, the court may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of section 116C of the Act.\n\n4 Interviews\n\n(1) A judicial officer may interview in chambers or elsewhere a child who is the subject of proceedings under Part VII of the Act.\n\n(2) However, if the child is separately represented in accordance with an order made under section 68L of the Act, the child must not be interviewed unless the child’s representative consents.\n\n(3) The interview may be in the presence of a family and child counsellor, a welfare officer or another person specified by the judicial officer.\n\n(5) For this rule, judicial officer means a Judge, Magistrate or Judicial Registrar or a Registrar approved for the purposes of Order 36A, subrule 2 (1D).\n\n5 Child as a witness\n\nIf an order is made for a child to be called as a witness, the evidence of the child is to be given by electronic means unless the court otherwise orders.\n\n  \n\nOrder 23A Notification of child abuse or family violence order\n\n1 Filing of notice under section 67Z of the Act\n\n(1) Where a party to proceedings is required to file a notice under subsection 67Z (2) of the Act:\n\n(a) the notice shall be in accordance with Form 66; and\n\n(b) 2 copies of the notice shall be filed in the filing registry.\n\n(2) As soon as practicable after filing a notice under subrule (1), the Registry Manager of the filing registry shall forward a sealed copy of the notice to a prescribed child welfare authority.\n\n2 Service of notice\n\n(1) If a party files a notice under subsection 67Z (2) of the Act, the party must serve a copy of the notice on each other party as soon as is practicable.\n\n(2) Service of a copy of the notice on a person:\n\n(a) who is alleged to have abused a child; or\n\n(b) from whom a child is alleged to be at risk of abuse;\n\nmust be in accordance with Order 18.\n\n3 Informing court of family violence order\n\n(1) For the purposes of subsection 68J (2) of the Act, a person who:\n\n(a) is not a party to proceedings; and\n\n(b) is aware that a family violence order applies to a child, or a member of the child’s family; and\n\n(c) wishes to inform the court of that order;\n\nmust do so by giving the information, in writing, to the Registry Manager of the filing registry.\n\n(2) If the person giving the information knows:\n\n(a) the date on which the family violence order was made; or\n\n(b) the place at which the order was made; or\n\n(c) the court that made the order;\n\nthe person must include those details, in writing, in the information given to the Registry Manager.\n\n(3) If possible, the person must give the Registry Manager a copy of the family violence order.\n\n(4) If the Registry Manager receives information about a family violence order, the Registry Manager:\n\n(a) must provide a copy of the information to each party to the proceedings who has an address for service; and\n\n(b) must place the information on the court file; and\n\n(c) may direct a party to the proceedings (including a child’s representative) to:\n\n(i) obtain and file a copy of the relevant family violence order; and\n\n(ii) serve the copy on each other party to the proceedings who has an address for service.\n\n(5) The Registry Manager must present the information and any copy of the family violence order to the court, or a Registrar, at the next hearing in the proceedings that concerns the care, welfare and development of the child affected by the order.\n\n4 Variation of Division 11 contact order — Form 23A\n\n(1) For subsection 68T (1) of the Act, an order making, reviving, varying, discharging or suspending a Division 11 contact order must be in accordance with Form 23A.\n\n(2) In this rule, Division 11 contact order has the meaning given by section 68P of the Act.\n\n> Note An order under subsection 68T (1) of the Act must be registered in the Family Court: see subsection 68T (6) of the Act and regulation 12CC of the Regulations.\n\n  \n\nOrder 23B Special medical procedures\n\n1 Approval of medical procedures for children\n\nThis Order applies to applications for a declaration that a person is authorised to consent to a medical or surgical procedure for a child.\n\n2 Who may apply for a medical procedure order?\n\n(1) An application may be made to a Family Court for:\n\n(a) a declaration that the applicant or another named person is authorised to consent to the carrying out of a medical or surgical procedure for a child; and\n\n(b) any necessary consequential orders.\n\n(2) An application may be made by:\n\n(a) a parent of the child; or\n\n(b) a person who has a parenting order in relation to the child; or\n\n(c) any other person who has an interest in the care, welfare and development of the child.\n\n3 Form of application\n\nDespite any other provision of these Rules, an application must be made in accordance with Form 8 with any appropriate modifications.\n\n4 Respondent to application\n\nIf a parent of a child in relation to whom an application is made, or a person who has a parenting order in relation to the child, is not an applicant, the person must be joined as a respondent to the application.\n\n5 Affidavits supporting the application\n\n(1) The applicant must file with the application an affidavit or affidavits to which are annexed relevant reports by medical, psychological or other experts.\n\n(2) An affidavit or report must set out:\n\n(a) the exact nature and purpose of the proposed medical or surgical procedure; and\n\n(b) the likely long term social and psychological effects of the procedure on the child; and\n\n(c) that:\n\n(i) alternative and less invasive procedures or treatments would be, or have proved to be, inadequate; and\n\n(ii) the procedure proposed is necessary for the welfare of the child; and\n\n(iii) the child is incapable of making his or her own decision about undergoing the procedure; and\n\n(iv) the child is unlikely to develop sufficiently to be able to make an informed judgment about undergoing the procedure within the time in which the procedure should be carried out, or within the foreseeable future; and\n\n(d) any other reasons for granting the application.\n\n6 Return date of application\n\nAn application must be made returnable before a Judge of a Family Court as soon as possible, and in any case, if possible, within 14 days after the date of issue.\n\n7 Proceedings on return day\n\nOn the return day of an application the Court may:\n\n(a) make the child a party and appoint a person as the next friend of the child; or\n\n(b) appoint a child’s representative; or\n\n(c) join any other appropriate person as a respondent; or\n\n(d) direct service of the application and affidavits on any other person or persons, as the Court thinks proper; or\n\n(e) fix a date for the hearing of the application before a Judge of a Family Court; or\n\n(f) make any orders or give any other directions, as the Court thinks proper; or\n\n(g) hear and determine the application.\n\n8 Hearing an application\n\nOn hearing the application the Court may:\n\n(a) grant the application; or\n\n(b) refuse the application; or\n\n(c) grant an injunction or any other relief the Court thinks proper; or\n\n(d) make any declaration or order the Court thinks proper.\n\n9 Reasons for decision\n\nAt, or as soon as practicable after, the conclusion of the final hearing of an application, the judge before whom the application was heard must give reasons, in writing, for the decision.\n\n  \n\nOrder 24 Conciliation conferences and information sessions\n\n1 Conciliation conferences\n\n(1) If the court, or a Registrar of a Family Court, is of the opinion that it would be advantageous to do so, the court, or the Registrar, may order the parties to proceedings to attend a conciliation conference in relation to the matters to which the proceedings relate.\n\n(1A) In proceedings in which an order (except an order until further order or an order made with the consent of all the parties to the proceedings), under section 79 of the Act is sought, the court, or a Registrar of a Family Court, must order the parties to proceedings to attend a conciliation conference in relation to the matters to which the proceedings relate.\n\n(2) Unless the court or a Registrar otherwise orders:\n\n(a) a party must attend a conciliation conference in person; and\n\n(b) if the party is represented by a lawyer — the lawyer must also attend the conciliation conference.\n\n(3) Parties who attend a conference under this rule must make a bona fide endeavour to reach agreement on relevant matters in issue between them.\n\n(4) A conference that is ordered under subrule (1) must be held in the presence of a Judicial Registrar, a Registrar, a family and child counsellor or a welfare officer, as specified in the order.\n\n(5) A conference that is ordered under subrule (1A) must be held with a Judicial Registrar, a Registrar, a Deputy Registrar, a family and child counsellor or a welfare officer.\n\n(6) A conference under this rule may be adjourned from time to time and from place to place.\n\n(7) The person specified in the order referred to in subrule (4) (that is, the person in whose presence a conference is to be held) may adjourn the conference to be continued in the presence of a Registrar.\n\n2 Documents about financial matters\n\n(1) This rule applies to a conciliation conference in relation to proceedings with respect to financial matters.\n\n(2) Each party who attends the conciliation conference must produce all relevant and significant documents in the party’s possession, custody or control, or which, with reasonable diligence, the party can obtain, about:\n\n(a) the financial matters referred to in a financial statement filed by the party in accordance with Order 17, rule 2; or\n\n(b) the value of any item of property in which any party attending the conference has an interest, including:\n\n(i) if the party is not relying on a superannuation information form — any documents containing evidence of the basis on which the value of the superannuation interest has been calculated; and\n\n(ii) any documents calculating the value of the superannuation interest; or\n\n(c) the financial matters referred to in those parts of the case summary document that the party must complete for the conference.\n\n(3) The documents must be produced:\n\n(a) at the conciliation conference; or\n\n(b) if ordered or directed by the court or a Registrar — at an earlier time.\n\n4 Unresolved issues\n\n(1) If any issue remains unresolved between the parties at the end of a conciliation conference, the Registrar may:\n\n(a) give further directions in accordance with subrule (2); and\n\n(b) convene an immediate pre-trial conference, or direct that a pre-trial conference be held on a date fixed by the Registrar that is practicable in the matter; and\n\n(c) make any other order, including an order for costs.\n\n(2) Before giving further directions, the Registrar must consider, if appropriate, all issues relating to the following matters:\n\n(a) whether further primary dispute resolution procedures are appropriate;\n\n(b) consent orders;\n\n(c) the appointment of child representatives;\n\n(d) discovery of documents;\n\n(e) specific questions;\n\n(f) notices to admit facts or documents;\n\n(g) issue of subpoenas;\n\n(h) compliance with any previous orders or directions;\n\n(i) the appropriate court list;\n\n(j) whether any directions are necessary to ensure that the matter proceeds in accordance with court case management directions.\n\n5 Information sessions\n\n(1) The court, or a Registrar of a Family Court, may order the parties to proceedings to attend an information session if the court, or the Registrar, is of the opinion that it would be advantageous to do so.\n\n(2) A party to proceedings who is ordered to attend an information session must attend the information session in person.\n\n  \n\nOrder 24A Pre-trial conferences\n\n> court means a Family Court.\n\n2 Matters to be considered at pre-trial conference\n\nAt a pre-trial conference, all issues relating to the following matters must be considered, if appropriate:\n\n(a) the possibility of settlement of any issue or issues in the proceedings;\n\n(b) the date of the trial;\n\n(c) the likely length of the trial;\n\n(d) the defining of issues and orders sought;\n\n(e) amendment of documents;\n\n(f) the appointment of child representatives;\n\n(g) issues (if any) as to valuation;\n\n(h) conferences with experts under Order 30A, rule 9;\n\n(i) the number, and names, of witnesses (both expert and non-expert) taking into account Order 30A, rule 8;\n\n(j) the filing and service of affidavits;\n\n(k) requests to make discovery;\n\n(l) specific questions;\n\n(m) notices to admit facts or documents;\n\n(n) issue of subpoenas;\n\n(o) the appointment of assessors;\n\n(p) if there is more than 1 application in the proceedings that has not yet been determined — the possibility of applications being heard at the same time;\n\n(q) which party is to have carriage of the proceedings;\n\n(r) the filing of documents before the trial, or at the beginning of the trial, according to any relevant practice direction;\n\n(s) any other necessary directions to ensure that the proceedings are ready for trial.\n\n3 Attendance at pre-trial conference\n\nUnless the court or a Registrar otherwise orders:\n\n(a) a party must attend a pre-trial conference in person; and\n\n(b) if the party is represented by a legal practitioner — the legal practitioner must also attend the pre-trial conference.\n\n4 Conduct of pre-trial conference\n\nAt a pre-trial conference a Registrar may:\n\n(a) attempt to resolve the proceedings or any part of them by agreement; and\n\n(b) make any necessary orders, including an order for costs; and\n\n(c) if all the issues are not resolved:\n\n(i) fix a date for the hearing; and\n\n(ii) give any appropriate directions to facilitate the hearing of the matter.\n\n  \n\nOrder 25 Counselling and family reports\n\nDivision 1 Counselling\n\n1 Nomination of person to assist reconciliation\n\nIf the Registry Manager of the court, or an appropriate officer of a State Family Court, nominates a person who is not a family and child counsellor, or an organisation that is not an approved counselling organisation, to assist parties in considering a reconciliation, the Registry Manager or officer must:\n\n(a) sign a form of nomination in accordance with Form 31; and\n\n(b) deliver the signed form to the person nominated.\n\n2 Notice or request seeking counselling\n\n(1) A notice under subsection 15 (1) or 62C (1) of the Act that is filed in the Family Court, or a Family Court of a State, may be in accordance with Form 32.\n\n(2) A request under subsection 16 (2) or 62E (1) of the Act that is filed in the Family Court, or a Family Court of a State, may be in accordance with Form 32.\n\n3 Advice as to effect of proceedings\n\n(1) The Chief Justice may give directions in relation to the preparation of documents of the kinds referred to in sections 17 and 62H of the Act.\n\n(2) Documents setting out the matters referred to in section 17 of the Act prepared prior to the commencement of these Rules in accordance with regulation 19 of the Regulations shall be deemed to have been prepared in accordance with directions given by the Chief Justice under subrule (1).\n\n(2A) Documents prepared before the commencement of this provision for the purposes of section 17 of the Act and setting out the matters referred to that section shall be taken to have been prepared in accordance with directions given by the Chief Justice under subrule (1).\n\n(3) A lawyer must, before filing an application, furnish to the applicant a copy of such of the documents referred to in sections 17 and 62H of the Act as are applicable in relation to the proceedings.\n\n(4) An officer of the court shall furnish to an applicant who, otherwise than by a lawyer, files an application under the Act, a copy of such of the documents referred to in sections 17 and 62H of the Act as are applicable in relation to the proceedings.\n\n(5) Where a sealed copy of an application instituting proceedings for principal relief is served on a respondent in Australia, there shall be furnished to the respondent, with that copy, a copy of whichever of the documents setting out the matters required by section 17 of the Act is applicable in relation to the application.\n\n(6) Compliance with subrule (3) or (4) is not required where an application instituting proceedings for principal relief has already been filed.\n\n(7) A lawyer who furnishes a document in accordance with subrule (3) must certify, as required by Form 2, 3, 4 or 6, as the case requires, that the document was so furnished.\n\n(8) A person who serves an application instituting proceedings for principal relief on a respondent shall, in the affidavit evidencing service, make a full statement concerning compliance with subrule (5).\n\n4 Form of certificates under subsection 44 (1B) and subsection 44 (1C)\n\n(1) A certificate for the purposes of subsection 44 (1B) of the Act shall be in accordance with Part H of Form 4.\n\n(2) For the purposes of subsection 44 (1C) of the Act, a person or organisation specified in paragraph 44 (1B) (a) of the Act may provide a certificate in accordance with Part H of Form 4.\n\n(3) The court may receive in evidence a certificate of a kind referred to in subrules (1) and (2).\n\n4A Memorandum to the court\n\nAt the conclusion of a court-ordered counselling conference, the relevant Manager Mediation must:\n\n(a) ensure that a memorandum in accordance with Form 69 is forwarded to the court; and\n\n(b) advise the parties of the recommendations made in the memorandum.\n\nDivision 2 Family reports\n\n5 Reports of family and child counsellors\n\n(1) In proceedings, the court, or a Registrar of a Family Court, may order a family and child counsellor or a welfare officer to prepare a report for the purposes of subsection 55A (2) or section 62G or 65G of the Act.\n\n(1A) If:\n\n(a) the court is asked to make an order in favour of a person under section 65G of the Act; and\n\n(b) the court orders a family and child counsellor or welfare officer to prepare a report for the purposes of subparagraph 65G (2) (a) (ii) of the Act;\n\nthe counsellor or officer must:\n\n(c) find out whether the person has been convicted of:\n\n(i) an offence under the Act; or\n\n(ii) an offence under a law relating to child welfare; or\n\n(iii) any other criminal offence relevant to the welfare of a child; and\n\n(d) include details of any convictions in the report.\n\n(2) Where a report has been obtained under subrule (1), the court or a Registrar of a Family Court may:\n\n(a) release copies of the report to the parties or their lawyers, or to a lawyer separately representing a child under an order made under section 68L of the Act;\n\n(b) receive the report in evidence;\n\n(c) permit oral examination of the person making the report; and\n\n(d) give such directions as to the future disposition of the report and any copies of the report as it thinks fit.\n\n  \n\nOrder 25A Mediation\n\n> dispute has the same meaning as in section 19A of the Act.\n\n> pending proceedings does not include prescribed proceedings.\n\n> Principal Mediator includes the appropriate officer of a State Family Court.\n\n> Note Paragraph 19A (2) (b) of the Family Law Act 1975 provides, among other things, that arrangements for mediation are to be made only if a mediation service is available at the Registry of the court in which the notice is filed.\n\nDivision 2 Voluntary mediation\n\n2 Form of notice for the help of a mediator\n\nA notice filed under subsection 19A (1) of the Act may be in accordance with Form 68.\n\n3 Information about mediation\n\nIf a notice is filed under subsection 19A (1) of the Act, the mediator must provide each party to the dispute with information about mediation before or at the first appointment for mediation.\n\n4 Interview to decide whether dispute may be mediated\n\nA party or parties to a dispute requesting mediation must attend an interview with a court mediator, or other officer of the court, to decide whether the dispute may be mediated.\n\n5 Matters to be taken into account at interview\n\nIn deciding whether the dispute may be mediated, the person conducting the interview must take into account:\n\n(a) the degree of equality (or otherwise) in bargaining power of the parties; and\n\n(b) the risk of child abuse (if any); and\n\n(c) the risk of family violence (if any); and\n\n(d) the emotional and psychological state of the parties; and\n\n(e) whether one of the parties may be using the mediation option to gain delay or some other advantage; and\n\n(f) any other matter relevant to the proposed mediation.\n\n6 If dispute not to be mediated\n\nIf the person conducting the interview decides that the dispute is not to be mediated, the person must:\n\n(a) advise the parties of other dispute resolution methods available; and\n\n(b) provide for other dispute resolution, if appropriate.\n\nDivision 3 Mediation ordered by the court\n\n8 Application for order under section 19B of the Act\n\nIf there are pending proceedings, an application for an order under section 19B of the Act referring any or all of the matters in dispute for mediation may be made orally or in writing at any time.\n\nDivision 4 General\n\n10 Conduct of mediation conferences\n\n(1) A mediation conference must be conducted:\n\n(a) as a decision making process in which the court mediator assists the parties by facilitating discussion between them so that they may:\n\n(i) communicate with each other regarding the matters in dispute; and\n\n(ii) find satisfactory solutions which are fair to each of the parties and (if relevant) the children; and\n\n(iii) reach agreement on matters in dispute; and\n\n(b) in accordance with any general directions given by the Principal Mediator.\n\n(2) A court mediator may at any time in the course of the mediation direct any of the parties to prepare or produce any documents that the mediator considers necessary or appropriate.\n\n11 Parties may be attended by lawyers\n\nA party who attends a mediation conference may be accompanied by 1 or more lawyers.\n\n12 Mediator to advise parties to seek legal advice\n\nAt:\n\n(a) the commencement of mediation; and\n\n(b) if the mediator considers it appropriate — any other time during the mediation; and\n\n(b) the conclusion of mediation and before any agreement becomes legally binding;\n\nthe mediator must advise the parties that they should seek legal advice as to their rights, duties and obligations in respect of the dispute and the mediation.\n\n13 If a party does not attend a mediation conference\n\nIf a party does not attend a mediation conference, the court mediator, after considering any reasons for non-attendance given by or on behalf of the non-attending party, must either:\n\n(a) appoint a date and time for a further conference; or\n\n(b) terminate the mediation and as soon as practicable notify the parties in writing of the other primary dispute resolution methods available.\n\n14 If the mediator considers that mediation should not continue\n\nIf the court mediator considers that a mediation should not continue, the mediator may, subject to any order of the court under subsection 19B (2):\n\n(a) adjourn the mediation; or\n\n(b) refer the parties, or any one or more of them, for counselling under section 62F of the Act; or\n\n(c) give directions to the parties that may assist in a later continuation of the mediation; or\n\n(d) end the mediation; or\n\n(e) advise the parties of other dispute resolution methods available and, if appropriate, provide for other methods.\n\n16 Action after mediation\n\nAt the end of a mediation commenced under an order made under section 19B of the Act, the mediator who conducted the mediation must ensure that a memorandum in accordance with Form 69 is forwarded to the court and to each party.\n\n17 Registrar to make directions\n\nOn receipt of the Form 69, unless all matters in dispute have been resolved, the Registrar may make any appropriate directions as to the future conduct of the proceedings.\n\n18 Court may take mediation into account\n\nFor the purposes of determining if there are special circumstances under paragraph 79 (9) (b) of the Act, the court may take into account:\n\n(a) whether the dispute has been submitted to mediation under section 19A or 19B of the Act; and\n\n(b) any recommendation for further mediation made in the Form 69.\n\n20 If matters are resolved at mediation\n\nIf any or all matters in dispute are resolved at mediation, the court mediator, in the presence of the parties, must set out the terms of agreement in writing and deliver a copy of the terms to each of the parties.\n\n","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Advice as to effect of proceedings","content":"21 Advice as to effect of proceedings\n\n(1) The Chief Justice may give directions in relation to documents of the kind referred to in subsection 19J (2) of the Act.\n\n(2) Before filing an application instituting proceedings (except prescribed proceedings), a lawyer must give the applicant a copy of the document referred to in subsection 19J (2) of the Act.\n\n(3) In the case of an applicant who personally, and not by a lawyer, files an application instituting proceedings (except prescribed proceedings), an officer of the court must give the applicant a copy of the document referred to in subsection 19J (2) of the Act.\n\n(4) If a sealed copy of an application instituting proceedings (except prescribed proceedings) is served on a respondent in Australia, the respondent must be given with the sealed copy a copy of the document referred to in subsection 19J (2) of the Act.\n\n(5) A lawyer who gives an applicant a document in accordance with subrule (2) must certify as required in Form 3 or 12, as the case may be, that the document was given to the applicant.\n\n(6) A person who serves an application on a respondent under subrule (4) must depose to compliance with the subrule in the affidavit evidencing service.\n\n  \n\nOrder 26 Registration of agreements, State child orders and debts due to the Commonwealth\n\n1 Registration of agreements under the Act\n\n(1) A party to a maintenance agreement or an agreement varying the maintenance of a child may register the agreement in a court having jurisdiction under the Act by filing:\n\n(a) the original of the agreement; and\n\n(b) 2 copies of the agreement.\n\n(2) Each copy of the agreement must be certified as a true copy by:\n\n(a) a lawyer; or\n\n(b) the parties to the agreement.\n\n(3) If the court registers an agreement the Registrar must, as soon as practicable after the date of registration, give each party to the agreement a sealed copy of the agreement endorsed with a certificate, signed by the Registrar, that specifies:\n\n(a) the court in which the agreement was registered; and\n\n(b) the date on which the agreement was registered.\n\n(2) Where a child agreement or a maintenance agreement has been registered in accordance with subrule (1), the Registrar shall, as soon as practicable after the date of filing, give written notice to each party to the agreement that the agreement has been registered and specifying the court and date of registration.\n\n2 Registration of agreements under section 87\n\nA maintenance agreement approved by a court in accordance with section 87 of the Act may be registered in another court having jurisdiction under the Act by filing a sealed copy of the order approving the agreement together with a sealed copy of the agreement.\n\n3 Registration of State child orders under section 70C or 70D of the Act\n\n(1) For the purposes of section 70C of the Act, a State child order made under a law of a prescribed State may be registered in a court having jurisdiction under Part VII of the Act by filing a sealed copy of the order in a registry of the court.\n\n(2) For the purposes of section 70D of the Act, a State child order made by a court of a State may be registered in another State, in a court having jurisdiction under the Act, by filing a sealed copy of the order in a registry of the court of the other State.\n\n(3) In this rule, State includes a Territory.\n\n4 Registration of debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988\n\nA debt due to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 may be registered in a court having jurisdiction under that Act by filing a certificate issued under subsection 116 (2) of that Act.\n\n  \n\nOrder 26A Parenting plans\n\nThis Order applies to:\n\n(a) an application under section 63E of the Act for registration of a revocation agreement; and\n\n(b) an application:\n\n(i) under subsection 63H (1) of the Act to set aside a registered parenting plan; or\n\n(ii) to discharge, vary, suspend or revive provisions of a registered parenting plan as permitted by a provision mentioned in subsection 63H (3) of the Act.\n\n> registered parenting plan has the meaning given by subsection 63C (6) of the Act.\n\n> revocation agreement, in relation to a registered parenting plan, means an agreement revoking the registered parenting plan.\n\nDivision 2 Registration of revocation agreements\n\n3 Application of Division\n\nThis Division applies to an application under section 63E of the Act for registration of a revocation agreement.\n\n4 Requirements for revocation agreement\n\nA revocation agreement in respect of which an application for registration is made:\n\n(a) must be:\n\n(i) mechanically or electronically printed; or\n\n(ii) legibly hand-printed on ruled paper; and\n\n(b) must be signed by each party to the registered parenting plan to which the revocation agreement relates; and\n\n(c) must be contained in a single document.\n\n5 Application for registration of revocation agreement\n\n(1) A party to a revocation agreement may apply to register the agreement by filing an affidavit setting out the facts on which the application is based.\n\n> Note Paragraph 63E (2) (b) of the Act provides that the following documents must accompany an application for registration of a revocation agreement:\n\n> Note: (a) a copy of the revocation agreement (see subparagraph 63E (2) (b) (i));\n\n> Note: (b) a statement, in relation to each party, to the effect that the party has been provided with independent legal advice as to the meaning and effect of the revocation agreement, signed by the practitioner who provided the advice (see subparagraph 63E (2) (b) (iii)).\n\n(2) The affidavit must include the following information:\n\n(a) the name, age and place of residence of each child to whom the agreement relates;\n\n(b) the current and proposed arrangements for the child;\n\n(c) the reasons for revoking the registered parenting plan;\n\n(d) details of any current order made under the Act relating to the welfare of the child;\n\n(e) details of any current family violence order relating to the care, welfare and development of the child;\n\n(f) details of any current State child order relating to the care, welfare and development of the child;\n\n(g) if the person with whom the child is to reside, or have contact, has been convicted of an offence under a law relating to child welfare, or a criminal offence relevant to the care, welfare and development of the child — details of the conviction;\n\n(h) details of any proceedings pending in relation to any of the above matters;\n\n(i) a statement that the revocation agreement accompanying the application for registration is a true copy of the original agreement.\n\n(3) When the affidavit mentioned in subrule (1) and any accompanying documents are filed, the applicant must produce to the Registry sufficient copies of the documents to enable a sealed copy to be served on each party to the revocation agreement.\n\n6 Court may require service or additional information\n\nBefore making a decision about whether to register a revocation agreement, the court may:\n\n(a) order that a copy of the affidavit filed under subrule 5 (1) be served, in accordance with Order 18, on a specified person; or\n\n(b) require a party to file additional information in relation to the application for registration.\n\n7 Application may be heard in chambers\n\nAn application for registration of a revocation agreement may be dealt with in chambers, in the absence of the parties and their lawyers (if any).\n\n> Note Subsection 63E (3) of the Act provides that the court may register a revocation agreement if it considers it appropriate to do so, having regard to the best interests of the child to whom the agreement relates.\n\n8 Notice of decision in relation to registration\n\nAs soon as practicable after a decision is made on an application to register a revocation agreement, the Registry Manager of the filing registry must give to each party to the revocation agreement:\n\n(a) if the decision is to register the agreement — a copy of the agreement endorsed with a certificate, signed by a Registrar, specifying:\n\n(i) the court in which the revocation agreement was registered; and\n\n(ii) the date when the revocation agreement was registered; and\n\n(b) if the decision is to not register the agreement — written notice of the decision.\n\nDivision 3 Applications in relation to registered parenting plans\n\n16 Application of Division\n\nThis Division applies to an application to:\n\n(a) set aside a registered parenting plan; or\n\n(b) discharge, vary, suspend or revive provisions of a registered parenting plan.\n\n17 Form of application — Form 8\n\nAn application must be:\n\n(a) in accordance with Form 8; and\n\n(b) accompanied by an affidavit that sets out, briefly and concisely:\n\n(i) the facts sought to be relied on in support of the application; and\n\n(ii) the facts on the basis of which the court will be asked to find that it is in the best interests of the child in respect of whom the plan was made that the order sought be made; and\n\n(iii) particulars of any relevant consultations with a family and child counsellor attended by any party to the plan.\n\n18 Who may make an application?\n\nAn application may be made by:\n\n(a) a party to the relevant parenting plan; or\n\n(b) any other person who has parental responsibility in relation to the child in respect of whom the plan was made; or\n\n(c) a prescribed child welfare authority.\n\n19 Respondent to application\n\nA person:\n\n(a) who is a party to a parenting plan in respect of which an application is made; and\n\n(b) who is not an applicant;\n\nmust be made a respondent to the application.\n\n20 Service of application\n\nA sealed copy of an application must be served, in accordance with Order 18:\n\n(a) on each respondent to the application; and\n\n(b) on any other person directed by the court, or a Registrar.\n\n  \n\nOrder 27 Change of venue\n\n1 Change of venue\n\n(1) A party who has filed an application or response in proceedings in a court exercising jurisdiction under the Act may, by application filed in the filing registry, apply to have the proceedings heard:\n\n(a) in another registry of that court; or\n\n(b) in another court exercising jurisdiction under the Act.\n\n(2) A party who has filed an application or response in proceedings in the Supreme Court of a State or Territory may, by application filed in that Court, apply to have the proceedings heard at a particular place within that State or Territory.\n\n2 Applications under subsection 40 (6), 41 (4A) or 46 (3A) of the Act\n\nAn application under subsection 40 (6), 41 (4A) or 46 (3A) of the Act shall be in accordance with Form 8 and the applicant shall file with the application an affidavit in support.\n\n3 Matters to be considered\n\n(1) In considering an application for an order under rule 1 or under subsection 40 (6), 41 (4A) or 46 (3A) of the Act, the court shall have regard to:\n\n(a) the availability of a court to hear the proceedings;\n\n(b) the convenience of the parties;\n\n(c) the limiting of expense and the costs of the proceedings; and\n\n(d) any other relevant matter.\n\n(2) In making an order under rule 1, the court may impose such terms and conditions as it thinks fit.\n\n4 Transmission of papers — subsections 40 (6) and 41 (4A)\n\n(1) Where a Family Court makes an order under subsection 40 (6) or 41 (4A) of the Act, the Registrar of that court shall transmit the order to the Registrar or other proper officer of the Supreme Court from which the proceedings have been transferred, whereupon that Registrar or other proper officer shall forward to the Registry of the Family Court specified in the order the court papers in the proceedings.\n\n(2) Thereafter, the Family Court shall proceed as if the proceedings had been originally instituted in that court, and may have regard to the evidence given before the transfer of the proceedings.\n\n4A Transmission of papers — subsection 46 (3A)\n\n(1) Where, in relation to proceedings, a Family Court makes an order under subsection 46 (3A) of the Act:\n\n(a) the Registrar of that court shall transmit the order to the Registrar of the court of summary jurisdiction from which the proceedings are to be removed under the order; and\n\n(b) the Registrar of the court of summary jurisdiction shall forward to the Registry of the Family Court specified in the order the court papers in the proceedings.\n\n(2) Upon the forwarding of the court papers, the Family Court shall proceed as if the proceedings had been instituted in that court and may have regard to any evidence given before the removal of the proceedings.\n\n5 Transmission of papers — sections 45 and 46 of the Act\n\n(1) Where an order to transfer proceedings is made by a court under section 45 or 46 of the Act, the court papers shall be transmitted by the Registrar to the court to which the proceedings have been transferred.\n\n(2) Thereafter the court to which the proceedings have been transferred shall proceed as if the proceedings had been originally instituted in that court, and may have regard to the evidence given before the transfer of the proceedings.\n\n6 Transmission of Court papers — generally\n\nWhere further proceedings between parties are instituted in a court or registry other than the court or registry in which earlier proceedings were heard and determined, the Registrar of the first-mentioned court or registry may request the Registrar of the other court or registry to transmit to him the court papers in the earlier proceedings and the Registrar of that court or registry shall comply with the request.\n\n  \n\nOrder 28 Subpoenas\n\n1 Issue by Registrar\n\n(1) Subject to subrules (1A) and (1B), in any proceedings, the Registrar of the filing registry shall, at the direction of the court, and may, at the request of a party to the proceedings, issue a subpoena on behalf of the court commanding a person or persons named in the subpoena, to attend before the court as indicated in the subpoena and then and there to:\n\n(a) give evidence;\n\n(b) give evidence and produce any books, documents or things in the possession, custody or control of the person or persons named in the subpoena that are referred to in the subpoena; or\n\n(c) produce any books, documents or things in the possession, custody or control of the person or persons named in the subpoena that are referred to in the subpoena.\n\n(1A) A subpoena may be directed to 2 or more persons named in the subpoena if:\n\n(a) the subpoena is to give evidence only; or\n\n(b) the subpoena requires the production of the same books, documents or things from each person named.\n\n(1B) Subject to subrule (1C), in proceedings commenced by an application in accordance with Form 3, unless the court, or a Registrar, has first granted leave, the Registrar must not issue a subpoena until:\n\n(a) the directions hearing (including any adjournments) has been completed; and\n\n(b) if a conciliation conference was ordered at the directions hearing — that conciliation conference has been completed.\n\n(1C) The court, or a Registrar, must not grant leave under subrule (1B) unless there are special circumstances by reason of which the order granting leave should be made.\n\n(2) The party at whose request a subpoena is issued must serve a sealed copy of the subpoena on each person to whom the subpoena is addressed:\n\n(a) by delivering the copy to the addressee; or\n\n(b) if the addressee is a body corporate, by delivering or posting the copy:\n\n(i) in the case of a body corporate that has a registered office in the State or Territory where the filing registry is located — to that office; and\n\n(ii) in any other case — to the principal office or place of business of the body corporate in that State or Territory.\n\n(3) A subpoena containing a command of a kind referred to in subparagraph (1) (b) or (c) shall not, without the leave of the court or a Registrar, be served less than 7 days before the day on which the book, document or thing is required to be produced.\n\n(4) A subpoena shall not be served upon a person under the age of 18 years, without the leave of the court or a Registrar.\n\n(5) A subpoena under subrule (1) must be in accordance with Form 36.\n\n(6) A subpoena issued in proceedings remains in force until the conclusion of the hearing unless the witness is excused by the court or a Registrar.\n\n2 Conduct money\n\nAt the time of service of a subpoena under this Order, the person serving the subpoena shall tender to the person served sufficient money for return travel by the person served between that person’s place of residence or employment (whichever is appropriate) and the court.\n\n3 Production of books etc and access by parties\n\n(1) Where the person commanded by a subpoena to attend and to produce books, documents or things in accordance with paragraph (1) (c) is not a party to the proceedings in which the subpoena is issued, that person may, unless the Registrar by whom the subpoena was issued otherwise directs, comply with the subpoena by producing those books, documents or things:\n\n(a) if an officer of the Court is named in the subpoena as the officer to whom the books, documents or things may be produced — to the officer so named;\n\n(b) if an officer of the Court is not so named in the subpoena but an officer is named for that purpose by the Registrar — to the officer so named; or\n\n(c) in any other case — to the Registrar;\n\nat a time not later than the day before the day specified in the subpoena for the production of the books, documents or things.\n\n(2) Following compliance with a subpoena:\n\n(a) in accordance with subrule (1); or\n\n(b) later;\n\nthe court, or a Registrar, may make an order permitting the parties and the child’s representative (if any) to inspect or copy the book, document or thing produced.\n\n(3) Before making an order under subrule (2), the court, or the Registrar, must be satisfied that each party:\n\n(a) who has an address for service in the proceedings; and\n\n(b) who does not consent to the order; and\n\n(c) who is not present, and whose lawyer is not present, in the court;\n\nhas been given reasonable notice of:\n\n(d) the name and address of the person to whom the subpoena is addressed; and\n\n(e) the book, document or thing required to be produced by the subpoena; and\n\n(f) the fact that the subpoena has been served; and\n\n(g) the date on which the subpoena is listed.\n\n4 Application of Order 20 to this Order\n\nOrder 20, rules 14, 16, 17 and 18 apply mutatis mutandis to a subpoena requiring the production of any books, documents or things as if that subpoena were an order made pursuant to Order 20, rule 8.\n\n6 Time for service\n\nA subpoena may not be served after the expiry of 3 months after the date of its issue.\n\n7 Setting aside subpoena\n\n(1) The Court may, of its own motion or on the application of any person having a sufficient interest, set aside a subpoena wholly or in part.\n\n(2) An application to set aside a subpoena relating to an appeal to be heard by a Full Court must be heard by the Full Court before which the appeal is listed for hearing.\n\n8 Non-compliance — warrant may issue\n\nIf a person on whom a subpoena is duly served does not appear, or does not remain in attendance as required by the subpoena, a Judge, Judicial Registrar or Magistrate may, on being satisfied that the person was duly served and tendered expenses in accordance with rule 2, issue a warrant for the arrest of that person and order that person to pay any costs occasioned by such failure.\n\n9 Witnesses’ fees and expenses\n\n(1) A person who attends in obedience to a subpoena under this Order is entitled to be paid fees and travelling allowances according to the scale of fees and allowances payable to witnesses in the Supreme Court of the State or Territory in which the person is required to attend, or, in special circumstances, such fees and allowances as the court or a Registrar directs (less any amount previously paid to the person in accordance with rule 2).\n\n(2) Unless the court or a Registrar otherwise orders, fees and travelling allowances payable under this rule are payable by the party at whose request the subpoena was issued.\n\n10 Interpretation\n\nFor the purposes of this Order, document includes:\n\n(a) a record; and\n\n(b) where a document or record is recorded or stored on tapes, discs or by any other mechanical or electronic means, or otherwise, and is capable of being reproduced into a material form readily understood, whether directly or through the use of any device or thing — a reproduction of the document or record in that material form.\n\nDivision 2 Proceedings to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 applies\n\n11 Application of Division\n\nThis Division applies to a subpoena that is issued in a proceeding in the Family Court to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 applies.\n\n> Note Section 7 of the Evidence and Procedure (New Zealand) Act 1994 provides that Part 2 of that Act applies to a subpoena that is issued in a proceeding, except a criminal proceeding or a family proceeding, in a federal court or in a court of a State or Territory that is specified in the regulations.\n\n12 Interpretation\n\nIn this Division, unless the contrary intention appears:\n\n(a) court means the Family Court of Australia; and\n\n(b) any expression used that is also used in the Evidence and Procedure (New Zealand) Act 1994 has the same meaning as it has in that Act.\n\n13 Form of subpoena\n\nA subpoena that is to be served in New Zealand under section 8 of the Evidence and Procedure (New Zealand) Act 1994 must be in accordance with Form 36.\n\n14 Leave to serve subpoena\n\nA person seeking leave to serve a subpoena in New Zealand under section 8 of the Evidence and Procedure (New Zealand) Act 1994 must file:\n\n(a) an application in accordance with Form 8; and\n\n(b) an affidavit in accordance with rule 15.\n\n> Note Subsection 10 (3) of the Evidence and Procedure (New Zealand) Act 1994 provides that service of a subpoena is effective only if it is accompanied by a copy of the order giving leave to serve the subpoena in New Zealand and by a notice in the prescribed form. The prescribed form of notice is the form set out in Schedule 2 of the Evidence and Procedure (New Zealand) Regulations.\n\n15 Contents of affidavit\n\nAn affidavit filed under rule 14 must have attached to it a copy of the subpoena and must set out, so far as the applicant can assert, the following information:\n\n(a) the name, age, occupation and address of the person named in the subpoena;\n\n(b) the nature and significance of the evidence required from the person, or of the document or thing required to be produced by the person;\n\n(c) any available evidence relating to whether the evidence, document or thing could be obtained by other means without significantly greater expense;\n\n(d) the steps taken to ascertain whether the evidence, document or thing could be obtained without significantly greater expense;\n\n(e) details of any inconvenience and hardship that may be caused to the person as a result of complying with the subpoena;\n\n(f) the steps taken to ascertain whether any inconvenience or hardship would be caused to the person as a result of complying with the subpoena;\n\n(g) the date by which it is intended to serve the subpoena on the person;\n\n(h) the amount to be paid or tendered to the person for allowances and travelling expenses sufficient to meet the person’s reasonable expenses of complying with the subpoena;\n\n(i) whether the amount referred to in paragraph (h) is to be paid or tendered partly or wholly by vouchers;\n\n(j) if the subpoena requires the person to attend the court to give evidence — the estimated time that attendance will be required;\n\n(k) if the applicant is aware of any facts or matters that may be grounds on which the subpoena might be set aside under subsection 14 (2) or (3) of the Evidence and Procedure (New Zealand) Act 1994 — those facts or matters.\n\n16 Service of leave application\n\nUnless the court otherwise orders, a person who files an application for leave to serve a subpoena in New Zealand under section 8 of the Evidence and Procedure (New Zealand) Act 1994 is not required to serve the application.\n\n17 Hearing of leave application\n\nUnless the court otherwise orders or the applicant objects, the court may determine an application for leave to serve a subpoena in New Zealand under section 8 of the Evidence and Procedure (New Zealand) Act 1994 in chambers.\n\n18 Conditions in giving leave\n\nThe conditions referred to in paragraph 9 (4) (b) of the Evidence and Procedure (New Zealand) Act 1994 may include a condition that the applicant undertake to pay to the person named in the subpoena any losses and expenses reasonably incurred by the person in complying with the subpoena even if those losses and expenses exceed the allowances and travelling expenses paid or tendered to the person at the time of service of the subpoena.\n\n19 Application to set aside subpoena\n\nA person seeking leave to set aside a subpoena that has been served in New Zealand under section 8 of the Evidence and Procedure (New Zealand) Act 1994 must file:\n\n(a) an application in accordance with Form 8; and\n\n(b) an affidavit setting out the facts in support of the application.\n\n20 Production of document or thing in accordance with subpoena\n\n(1) This rule applies to a subpoena that:\n\n(a) only requires production of a document or thing; and\n\n(b) is served in New Zealand under section 8 of the Evidence and Procedure (New Zealand) Act 1994.\n\n(2) If:\n\n(a) in accordance with a subpoena, a document or thing is produced, by a person, at a registry of the High Court of New Zealand; and\n\n(b) the person obtains a receipt from the registry that identifies the document or thing and acknowledges its receipt and the receipt of the money or vouchers for the transportation of the document or thing; and\n\n(c) the person transmits, by fax, a copy of the receipt and a copy of the subpoena to the registry of the court that issued the subpoena;\n\nthe fax referred to in paragraph (c) is evidence of compliance with the subpoena.\n\n(3) Despite compliance with subsection 11 (1) of the Evidence and Procedure (New Zealand) Act 1994, if:\n\n(a) an amount of money or vouchers sufficient to meet the cost of transporting a document or thing from New Zealand to the place in Australia specified in a subpoena is not paid or tendered to the registry of the High Court of New Zealand by or on behalf of the person named in the subpoena; and\n\n(b) the document or thing is so transported;\n\nthe cost must be paid by the person who obtained leave to serve the subpoena.\n\n(4) If a document or thing is received at a place in Australia in accordance with a subpoena, the Registrar of the court that issued the subpoena must:\n\n(a) list the matter for a directions hearing; and\n\n(b) notify each party to the proceeding of the receipt of the document or thing and the date of the directions hearing.\n\n21 Non-compliance with subpoena\n\n(1) A certificate issued under section 16 of the Evidence and Procedure (New Zealand) Act 1994 must be in accordance with Form 38A.\n\n(2) An application for a certificate referred to in subrule (1) is not required to be in writing but must be accompanied by a draft certificate in accordance with Form 38A.\n\n  \n\nOrder 29 Offers of settlement\n\n1 Filing of copy of offer, acceptance or withdrawal of offer\n\nWhere:\n\n(a) a copy of an offer of settlement in accordance with Form 60;\n\n(b) a notice of withdrawal of an offer of settlement in accordance with Form 61; or\n\n(c) a copy of an acceptance of an offer of settlement in accordance with Form 62;\n\nis filed, the copy or notice, as the case may be, shall not be placed on the court file in relation to the proceedings but shall be placed in a separate file.\n\n2 Further offer may be made\n\nThe withdrawal of an offer of settlement does not preclude a party from making a further offer of settlement.\n\n  \n\nOrder 30 Evidence\n\n1 Oaths and affirmations\n\nA court exercising jurisdiction under the Act may require and administer all necessary oaths.\n\n1A Court may give directions\n\nDespite any other provision of these Rules, the court may give directions:\n\n(a) as to the order of evidence and addresses; and\n\n(b) generally, as to the conduct of a trial.\n\n1B Order for adducing evidence\n\n(1) If an applicant adduces evidence, the evidence must be adduced before evidence is adduced by a respondent, or a child’s representative.\n\n(2) If a respondent adduces evidence, the evidence must be adduced before evidence is adduced by a child’s representative.\n\n","sortOrder":34},{"sectionNumber":"1C","sectionType":"section","heading":"Opening and closing addresses","content":"1C Opening and closing addresses\n\n(1) A party or a child’s representative may make an opening address immediately before adducing evidence.\n\n(2) If a child’s representative makes a closing address, the address must be made before a closing address is made by a respondent or an applicant.\n\n(3) If a respondent makes a closing address, the address must be made before a closing address is made by an applicant.\n\n","sortOrder":35},{"sectionNumber":"1D","sectionType":"section","heading":"Directions for trial management","content":"1D Directions for trial management\n\n(1) A Judge, Judicial Registrar, Registrar or Magistrate may make any direction about the conduct of a proceeding considered appropriate, even though the direction may be inconsistent with a provision of these Rules.\n\n(2) In deciding whether to make an order or direction, the interests of justice are paramount.\n\n(3) Without limiting subrule (1), a Judge, Judicial Registrar, Registrar or Magistrate may in a particular case at any time by direction:\n\n(a) limit the time to be taken in examining, cross‑examining or re-examining a witness; or\n\n(b) limit the number of witnesses (including expert witnesses) that a party may call on a particular issue; or\n\n(c) require submissions to be made in the way the court directs, for example, in writing, orally, or by a combination of written and oral submission; or\n\n(d) limit the time to be taken in making any oral submission; or\n\n(e) limit the length of a written submission or affidavit; or\n\n(f) limit the time to be taken by a party in presenting the party’s case; or\n\n(g) limit the time to be taken by the hearing.\n\n(4) However, a direction must not:\n\n(a) detract from the attainment of justice; or\n\n(b) detract from the principle that each party is entitled to a fair and just hearing; or\n\n(c) detract from the principle that each party must be given a reasonable opportunity to lead evidence, cross-examine and re-examine witnesses and to address the Court.\n\n(5) The Judge, Judicial Registrar, Registrar or Magistrate may amend a direction at any time.\n\n2 Evidence in chief\n\n(1) Unless the court otherwise orders, evidence in chief must be given by affidavit at the hearing of an application.\n\n(2) No later than 14 days before the date fixed for the pre-trial conference, or as directed by the Registrar, each party must file and serve on each other party who has filed an address for service in the proceedings:\n\n(a) 1 affidavit setting out the party’s evidence; and\n\n(b) for each witness whom the party intends calling at the hearing:\n\n(i) 1 affidavit of the witness setting out the witness’s evidence; or\n\n(ii) if the witness refuses to make an affidavit — a notice to that effect setting out the name of the witness.\n\n(3) Despite any other provision of this rule, an affidavit in accordance with subrule (1) may include by reference but, unless the inclusion is less than one folio in length, not by repetition, relevant parts of any affidavit previously sworn by the same deponent and filed and served in the proceedings.\n\n2AA Admissibility of affidavits\n\nAn affidavit is not admissible in evidence at the hearing of the proceedings unless:\n\n(a) it was filed as directed by a court; or\n\n(b) it was filed and served under rule 2; or\n\n(c) the court orders otherwise.\n\n2AAA Taking evidence by electronic means\n\n(1) In this rule:\n\n> judicial officer means a Judge, Judicial Registrar, Magistrate, Registrar or Deputy Registrar.\n\n(2) A party may seek leave to appear, make a submission or adduce evidence by electronic means by filing an application:\n\n(a) for a trial — in accordance with Form 8; and\n\n(b) for a hearing (other than a trial) — in the form of a written request.\n\n(3) The application must be filed and served at least 7 days before the date listed for the hearing or such other time as a judicial officer determines.\n\n(4) The application must be listed before the judicial officer who is to hear the matter, or, if that judicial officer is unavailable, before the judicial officer in charge of the relevant list.\n\n(4A) A party who makes an application under paragraph (2) (a) may appear by telephone at the hearing of the application.\n\n(4B) An application made under paragraph (2) (b) must be considered in chambers in the absence of the parties, unless otherwise ordered by the court.\n\n(5) Unless otherwise ordered, the application must be accompanied by an affidavit setting out:\n\n(a) whether the application relates to an oral submission or evidence, or both; and\n\n(b) the type of electronic means proposed to be used; and\n\n(c) the name and address of the person to appear, make the submission or give the evidence; and\n\n(d) the nature of the submission sought to be made or the evidence proposed to be given; and\n\n(e) the reasons why the court should give leave; and\n\n(f) in the case of evidence:\n\n(i) whether an affidavit of evidence in chief has been filed; and\n\n(ii) whether leave is sought for evidence in chief to be given; and\n\n(iii) the relevance of the evidence to the matters in issue; and\n\n(iv) whether the witness is an expert witness; and\n\n(v) the name, address and office of any person who is to be present when the evidence is given; and\n\n(vi) the name, address and office of any person who will assist the witness by introduction, the administration of an oath or affirmation or the carrying out of any direction of the judicial officer hearing the matter; and\n\n(vii) the place from which it is proposed the evidence be given; and\n\n(viii) if the witness is to be referred to a document — whether the document has been filed and whether the witness will have a copy of it; and\n\n(ix) whether an interpreter is required and, if so, what arrangements are to be made; and\n\n(g) the cost of use of the electronic means, including any cost to the court and the arrangements to be made by the applicant for the payment of those costs; and\n\n(h) whether the other parties to the proceeding consent to, or do not oppose, the use of the electronic means; and\n\n(i) if the submission or evidence is to be given from a foreign country (other than New Zealand):\n\n(i) whether permission is needed from the relevant foreign government and, if so, whether it has been given; and\n\n(ii) whether the administration of an oath or affirmation is lawful and, if so, in what form.\n\n(6) In granting leave, the court may impose such conditions as it thinks fit including apportioning the cost of use of the electronic means between the parties.\n\n(7) The court may at any time withdraw leave or vary any conditions imposed.\n\n2AAB Taking foreign evidence by electronic means\n\n(1) In addition to the requirements of rule 2AAA, a party who proposes to adduce evidence by telephone or video conference or other electronic means from a witness in a foreign country, must satisfy the Court:\n\n(a) that the party has researched the information published by the Attorney-General’s Department regarding its arrangements with other countries for the taking of evidence, to determine the attitude of the foreign country’s government to the taking of evidence by electronic means; and\n\n(b) if the attitude of the foreign country’s government to the taking of evidence by electronic means cannot be ascertained from sources within Australia — that the party has made appropriate inquiries through diplomatic channels, a lawyer or a provider of technical facilities in the foreign country to determine that attitude; and\n\n(c) of whether permission is needed from the foreign country’s government to adduce evidence from a witness in that country by electronic means; and\n\n(d) if permission is needed, of whether permission has been granted or refused; and\n\n(e) if permission has been refused, about the reason for refusal; and\n\n(f) about whether there are any special requirements for the adducing of evidence, including:\n\n(i) the administration of an oath; and\n\n(ii) the form of the oath.\n\n(2) In this rule:\n\n> foreign country means a country other than Canada, New Zealand, the United Kingdom and the United States of America.\n\n> Note 1 A party seeking to adduce evidence from a witness in Canada, New Zealand, the United Kingdom or the United States of America does not have to comply with the requirements in subrule (1) as these countries do not object to the taking of evidence by video link.\n\n> Note 2 The Court may, instead of granting permission for a party to adduce evidence by electronic means from a witness in a foreign country, direct the Registry Manager to send a letter of request to the judicial authorities in the foreign country, requesting the Court to take evidence from the witness in accordance with the laws of the foreign country. For the requirements for a letter of request to the judicial authorities of a foreign country, see rule 7.\n\n2AB Admissibility of oral evidence\n\nOral evidence in chief is admissible at the hearing only if:\n\n(a) the witness refused to swear an affidavit and a notice to that effect was filed under rule 2; or\n\n(b) the court gives leave.\n\n2AC Hearsay evidence — notice under section 67 of the Evidence Act 1995\n\n(1) In this rule, notice of previous representation means a notice given under subsection 67 (1) of the Evidence Act 1995.\n\n(2) A notice of previous representation:\n\n(a) must be in accordance with Form 38B; and\n\n(b) may have attached to it an affidavit that sets out evidence of the previous representation.\n\n> Note Subsection 67 (1) of the Evidence Act 1995 provides that certain exceptions to the hearsay rule specified in that Act do not apply to evidence adduced by a party unless that party has given reasonable notice, in writing, to each other party of the party’s intention to adduce the evidence. For the purposes of these Rules, the relevant sections of the Evidence Act 1995 are subsections 63 (2) and 64 (2).\n\n> Note: Subsection 67 (2) of the Evidence Act 1995 provides that a notice given under subsection 67 (1) of that Act is to be given in accordance with any regulations or rules of court made for the purposes of section 67 of that Act. Regulation 5 of the Evidence Regulations sets out the requirements in relation to a notice given under section 67.\n\n> Note: In addition, subsection 67 (3) of the Evidence Act 1995 provides that a notice must state:\n\n> Note: (a) the particular provisions of Division 2 of Part 3.2 of the Evidence Act 1995 on which the party intends to rely in arguing that the hearsay rule does not apply to the evidence; and\n\n> Note: (b) if subsection 64 (2) is such a provision — the grounds, specified in that provision, on which the party intends to rely.\n\n","sortOrder":36},{"sectionNumber":"2A","sectionType":"section","heading":"Evidence in interim or procedural applications","content":"2A Evidence in interim or procedural applications\n\n(1) This rule applies only:\n\n(a) to evidence other than evidence on an issue at a trial; and\n\n(b) where, but for this rule, undue delay or inconvenience would be caused.\n\n(1A) On the hearing of an interim or procedural application, evidence in chief must be given by affidavit unless the court otherwise orders.\n\n(1B) Subject to these Rules and unless the court otherwise orders, an affidavit is not admissible in evidence at a hearing except:\n\n(a) one affidavit by each party; and\n\n(c) one affidavit by each witness.\n\n(1C) Unless the court otherwise orders, the hearing of an interim or procedural application must not exceed 2 hours.\n\n(1D) On the hearing of an interim or procedural application, oral evidence must not be given without the leave of the court.\n\n(2) If a statement on information and belief is made:\n\n(a) by a deponent in an affidavit; or\n\n(b) by a witness being examined orally;\n\nand the deponent or witness gives the source and ground of the information, the court may admit the statement despite the statement being hearsay.\n\n(3) If:\n\n(a) a deponent swears in an affidavit; or\n\n(b) a witness being examined orally states;\n\nthat a document is a copy of an original, the court may admit the document as evidence of the contents of the original even though the original is not produced.\n\n4 Transcript receivable in evidence\n\nA transcript of proceedings prepared at the direction of the court may be received in evidence as a true record of the proceedings unless it is shown not to be such a true record.\n\n5 Court may call evidence\n\n(1) In proceedings before it, the court may, of its own motion, call any person before it as a witness.\n\n(2) Where a person is called under subrule (1), the court may give such directions as to examination and cross-examination as it thinks fit.\n\n(3) The court may make such order against a party to the proceedings as to the expense of the attendance of the witness as it thinks fit.\n\n6 Order for examination of witness\n\n(1) A court exercising jurisdiction under the Act may, at any stage of proceedings:\n\n(a) request the examination of any person upon oath orally or on written questions, before a court exercising jurisdiction under the Act, or an officer of the court at any place in Australia; or\n\n(b) order a commission to be issued to a person in Australia authorising that person to take the evidence of any person upon oath.\n\n(2) The court receiving the request or the person to whom the commission is issued may give any necessary directions concerning the time, place and manner of such an examination or taking of evidence, including a request that the evidence be taken down in writing, or, if practicable, that the examination or taking of evidence be recorded by videotape, film, sound recording, or other means.\n\n(3) The court making the request or issuing the commission may receive in evidence in the proceedings the record so taken on such terms as the court thinks fit.\n\n7 Letters of request\n\n(1) If, under the Foreign Evidence Act 1994, an order is made by a court for issue of a letter of request to the judicial authorities of a foreign country to take the evidence of a person or cause it to be taken, the party obtaining the order must file:\n\n(a) 2 copies of a form of the appropriate letter of request; and\n\n(b) 2 copies of the specified questions (if any) to accompany the request; and\n\n(c) if the English language is not an official language of the country to whose judicial authorities the letter of request is to be sent — 2 copies of a translation of each of the documents mentioned in paragraphs (a) and (b) in a language appropriate to the place where the evidence is to be taken; and\n\n(d) unless the court otherwise directs — an undertaking by the party obtaining the order:\n\n(i) to be responsible for all expenses incurred by the court, or by the person at the request of the court, in respect of the letter of request; and\n\n(ii) on being given notice of the amount of any such expenses, to pay the amount to the Registrar of the filing registry.\n\n(2) A translation filed under paragraph (1) (c) must be accompanied by an affidavit of the person making it:\n\n(a) verifying that it is a correct translation; and\n\n(b) setting out the translator’s full name, address and qualifications for making the translation.\n\n(3) On receipt of the documents referred to in subrules (1) and (2) (if applicable), the Registrar must, if satisfied that the documents are appropriate to the purposes of this Order, seal the documents with the seal of the court and transmit them to the Secretary for transmission to the judicial authorities of the other country.\n\n8 Evidence of New Zealand matters\n\nIf, under Part 6 of the Evidence and Procedure (New Zealand) Act 1994, a party seeks to rely on a fax copy of a document, the party must provide the court with a copy of the fax on white paper that is:\n\n(a) of good and durable quality; and\n\n(b) capable of receiving ink writing; and\n\n(c) the size known as International A4.\n\n  \n\nOrder 30A Expert evidence\n\n> court expert means an expert appointed by the court under rule 3 of this Order.\n\n> expert means a person who has such knowledge or experience of, or in connection with, a question arising in proceedings that his or her opinion on the question would be admissible as evidence, but does not include a family and child counsellor or a welfare officer.\n\n> party includes a child’s representative.\n\nDivision 3 Court experts\n\n3 Appointment of court expert\n\n(1) The court may, at any stage of proceedings, on application by a party or of its own motion:\n\n(a) appoint an expert as court expert to inquire into and report on any issue of fact or opinion, other than an issue involving questions of law or construction, arising in the proceedings; and\n\n(b) give directions to extend or supplement, or otherwise in relation to, any such inquiry or report.\n\n(2) A court expert shall be a person agreed upon between the parties or, if agreement is not possible, a person nominated by the court.\n\n(3) A direction under paragraph (1) (b) may authorise, and make provision for the conduct of, an experiment or a testing procedure (other than a testing procedure for the purposes of section 69W of the Act) for the purposes of an inquiry or report.\n\n4 Report\n\n(1) A court expert shall send the report, together with as many copies of the report as the Registrar directs, to the Registrar at the filing registry for the proceedings.\n\n(2) Where the report has been received by the Registrar:\n\n(a) the Registrar shall send 2 copies of the report to each of the parties to the proceedings; and\n\n(b) the court may:\n\n(i) receive the report in evidence;\n\n(ii) permit oral examination of the court expert who made the report; and\n\n(iii) give such directions as to the future disposition of the report (including any copies of the report) as the court thinks fit.\n\n5 Cross-examination\n\n(1) If a party seeks to cross-examine a court expert, the party:\n\n(a) must arrange for the attendance of the court expert for cross-examination; and\n\n(b) may issue a subpoena commanding the attendance before the court of the court expert.\n\n(2) Unless the court otherwise orders, if a party arranges for the attendance of a court expert for cross-examination, the party must pay the reasonable remuneration and expenses of the court expert for the attendance.\n\n6 Remuneration\n\n(1) If a dispute arises between the parties in respect of the remuneration and expenses payable to a court expert for:\n\n(a) preparing a report; or\n\n(b) attending at court;\n\nthe court must determine the amount to be paid to the court expert.\n\n(2) Unless the court otherwise orders, the parties are jointly liable to pay a court expert for the reasonable remuneration and expenses incurred in preparing a report.\n\n(3) On application by a party or by a court expert, the court may make an order in the proceedings for payment in or towards discharge of the liability of any party under subrule (2).\n\n(4) Subrules (2) and (3) shall not be taken to affect the court’s powers as to costs.\n\n7 Response to evidence of court expert\n\nWhere a court expert has made a report on an issue, any party to the proceedings may, subject to this Order, adduce the evidence of one other expert on that issue but shall not adduce the evidence of 2 or more other experts except in accordance with Division 4 of this Order.\n\nDivision 4 Limitation of expert evidence\n\n8 Intention to call 2 or more experts — direction by court\n\n(1) A party intending to adduce the evidence of 2 or more experts in relation to the same issue at a hearing in proceedings shall apply to the court for directions.\n\n(2) On the application for directions, the court may, subject to subrule (3), give a direction specifying the number of experts who may be called in relation to the same issue by a party to the proceedings.\n\n(3) The court shall not give a direction specifying that 2 or more experts may be called by a party in relation to the same issue unless the court is satisfied that there are special circumstances.\n\n","sortOrder":37},{"sectionNumber":"Div 5","sectionType":"division","heading":"Conference of experts","content":"Division 5 Conference of experts\n\n9 Evidence of expert witnesses\n\n(1) This rule applies if 2 or more parties to a proceeding call expert witnesses to give opinion evidence about the same, or a similar, question.\n\n(2) The Court may give any direction it thinks fit in relation to:\n\n(a) the preparation by the expert witnesses (in conference or otherwise) of a joint statement of how their opinions on the question agree and differ; or\n\n(b) the giving by an expert witness of an oral or written statement of:\n\n(i) his or her opinion on the question; or\n\n(ii) his or her opinion on the opinion of another expert on the question; or\n\n(iii) whether in the light of factual evidence led at trial, he or she adheres to, or wishes to modify, any opinion earlier given; or\n\n(c) the order in which the expert witnesses are to be sworn, are to give evidence, are to be cross-examined or are to be re-examined; or\n\n(d) the position of witnesses in the courtroom (not necessarily in the witness box).\n\nExample\n\nThe Court may direct that the expert witnesses be sworn one immediately after another, and that they give evidence after all or certain factual evidence has been led, or after each party’s case is closed (subject only to hearing the evidence of expert witnesses) in relation to the question.\n\n  \n\nOrder 30B Assessors\n\n1 Court may call in assessors\n\n(1) In any proceedings under the Act, the Regulations or these Rules (except prescribed proceedings), the court may call on one or more assessors to assist the court in relation to any matter before the court.\n\n(2) If the court calls on an assessor, the court is not bound by any opinion or finding of the assessor.\n\n2 Procedure at hearings with assessors present\n\nA hearing with an assessor is to be conducted as the court directs.\n\n3 Remuneration of assessors\n\nThe remuneration of an assessor is to be determined by the court, and paid by:\n\n(a) the court; or\n\n(b) such party, or other person, as the court orders;\n\nand the court may order a party or other person to pay, or to give security for payment of, the remuneration prior to an assessor being called on to assist the court.\n\n  \n\nOrder 31 Decrees\n\n2 Decree of nullity\n\nThe formal record of a decree of nullity of marriage shall be in accordance with Form 40.\n\n3 Death of party after decree nisi but before decree absolute\n\n(1) Where, after a decree nisi of dissolution of marriage has been made but before that decree has become absolute, it comes to the notice of any person that a party to the marriage has died, that person may file an affidavit or certificate stating particulars of the date and place of the death.\n\n(2) Where the Registrar is satisfied that a party to the marriage has died in the circumstances specified in subrule (1), the Registrar shall endorse the court papers to that effect.\n\n5 Certificate of decree or order\n\nExcept where the court or a Registrar otherwise directs, all decrees, warrants and bonds made under the Act, the Regulations or these Rules shall be drawn up and signed by the Registrar of the filing registry.\n\n6 Errors in record of decrees\n\n(1) If a party wishes to claim that the formal record of a decree contains an error, that party shall draw the attention of the Registrar of the filing registry to the matter as soon as possible.\n\n(2) The Registrar may rectify an error that appears on the face of a decree.\n\n(3) Where it is claimed that the formal record of a decree contains an error, then, in a case of doubt or where it appears that the error arises from an accidental slip or omission, the Registrar or a party may, after giving reasonable notice to each other party to the proceedings in which the decree was made of the intention to do so, refer it:\n\n(a) to the court; or\n\n(b) to the Magistrate or Registrar who made the decree.\n\n(4) Where a decree is referred under subrule (3), the court, Magistrate or Registrar to whom it is referred:\n\n(a) may rectify the decree, without an appeal; and\n\n(b) may make or give such consequential orders or directions as may be necessary to ensure that justice is done between the parties.\n\n(5) A party to proceedings is entitled to receive a sealed copy of the formal record of a decree made in the proceedings and, where such a decree is rectified, of the decree as rectified, without fee.\n\n7 Registration of decrees\n\n(1) A decree (other than a decree for principal relief) may be registered in any court having jurisdiction under the Act by filing a sealed copy of the decree in that court.\n\n(2) A decree may be filed under subrule (1) by:\n\n(a) a party to the proceedings in which the decree was made;\n\n(b) a child entitled to benefit under the decree;\n\n(c) an officer of the court;\n\n(d) an authority or person entitled to take proceedings for the enforcement of the decree; or\n\n(e) with the leave of the court, any other person.\n\n9 Maintenance orders\n\nWhere a court orders a person to pay maintenance or other money for the benefit of a party to a marriage, or a child, the court shall, in its order, stipulate:\n\n(a) the time or times by which, or the intervals at which, the maintenance money is to be paid;\n\n(b) the person, authority or court to whom the money is to be paid; and\n\n(c) where necessary, the means by which the payments are to be made or disbursed.\n\n10 Form of undertakings\n\nAn undertaking to the court, given in court, must:\n\n(a) be in accordance with Form 41A; and\n\n(b) be signed:\n\n(i) by the person giving the undertaking; or\n\n(ii) if the person is not available to sign it personally — by the person’s legal representative;\n\nunless the Court allows otherwise.\n\n11 When may a lawyer give an undertaking?\n\n(1) A person’s lawyer may give an undertaking on behalf of the person if:\n\n(a) the person is not available to give the undertaking personally; and\n\n(b) the person has authorised the lawyer to give an undertaking on his or her behalf.\n\n(2) If a person who proposes to give an undertaking to the court is legally represented, the person’s lawyer must:\n\n(a) before the undertaking is given, explain to the person the nature and terms of the proposed undertaking and the possible consequences of breaching it; and\n\n(b) unless the Court otherwise orders, certify in writing to the Court that he or she has complied with paragraph (a).\n\n  \n\nOrder 31A Jurisdiction under Cross‑vesting Act\n\n> Cross-vesting Act means the Jurisdiction of Courts (Cross‑vesting) Act 1987.\n\n> cross-vesting law means:\n\n(a) a law of the Commonwealth, other than Part 9 of the Corporations Act 2001; or\n\n(b) a law of a State or Territory;\n\nrelating to cross-vesting of jurisdiction.\n\n> special federal matter has the same meaning as in the Cross‑vesting Act.\n\n2 Cross-vesting provisions to prevail\n\nThe provisions of this Order prevail over any other provision of these Rules to the extent of any inconsistency.\n\n3 Application for transfer of proceedings\n\n(1) Proceedings for the transfer of proceedings under the Cross‑vesting Act shall be commenced by way of application.\n\n(2) The heading to an application shall refer to the Cross-vesting Act.\n\n(3) An application shall be heard and determined by a Judge.\n\n(4) If an application is made by the Attorney-General of the Commonwealth or of a State or Territory, the Attorney-General does not, by reason of the application, become a party to the proceedings in respect of which the application is made.\n\n4 Proceedings involving cross-vesting law\n\n(1) Where a party applies to a Family Court in reliance on a cross‑vesting law:\n\n(a) the application must include particulars of the State or Territory law on which the party intends to rely; and\n\n(b) the party shall seek a determination and if necessary directions from the court as soon as practicable as to whether the proceedings should be transferred under the Cross-vesting Act.\n\n(2) An application or an affidavit that raises a question involving a special federal matter shall identify that matter as a special federal matter and state the grounds on which it is a special federal matter.\n\n5 Transfer under cross-vesting laws\n\n(1) The Registrar shall send to the Registrar of a court to which proceedings are transferred under the Cross-vesting Act all documents filed and orders made in the proceedings before the transfer.\n\n(2) The Registrar shall file documents received in respect of proceedings transferred to a Family Court under a cross-vesting law so that the proceedings are identified by year of filing and number.\n\n(3) On the transfer of proceedings to a Family Court under a cross‑vesting law, the Registrar of the filing registry must:\n\n(a) fix a date for a directions hearing; and\n\n(b) inform the parties of that date.\n\n6 Conduct of proceedings in Family Court\n\n(1) A party to proceedings in the Family Court who intends to rely on the law of a State or Territory that may be applied under paragraph 11 (1) (b) of the Cross-vesting Act must:\n\n(a) specify in the party’s application the particular State or Territory law on which the party intends to rely; and\n\n(b) attach to the application a statement of claim.\n\n(1A) A respondent who wishes to object to the proceedings being heard in the Family Court may apply to the court for a transfer of the proceedings to another court.\n\n(1B) An application for transfer of proceedings must be:\n\n(a) in accordance with Form 8; and\n\n(b) accompanied by an affidavit setting out the grounds in support of the application.\n\n(1C) The date fixed for a hearing in relation to an application for transfer of proceedings must be the same date as the date fixed for the directions hearing in relation to the application that instituted the proceedings sought to be transferred.\n\n(2) If, in proceedings before a Family Court, a party seeks to have rules of evidence and procedure other than those of the relevant Family Court applied under paragraph 11 (1) (c) of the Cross‑vesting Act in dealing with a matter for determination in the proceedings, the party must, in the party’s application, specify the rules the party seeks to have applied.\n\n(3) If, in proceedings before a Family Court, a party intends to submit that the law of a State or Territory should be applied under paragraph 11 (1) (b) of the Cross-vesting Act, or that rules of evidence and procedure other than those of the relevant Family Court should be applied under paragraph 11 (1) (c) of the Cross‑vesting Act:\n\n(a) the party shall seek directions on the matter before the proceedings are set down for hearing;\n\n(b) the court may at any time give directions in relation to the matter of its own motion; and\n\n(c) the court may at any time vary or revoke a direction given by the court in relation to the matter.\n\n  \n\nOrder 31B Child support jurisdiction\n\n> administrative assessment has the same meaning as it has in the Assessment Act.\n\n> child support agreement has the same meaning as in the Assessment Act.\n\n> regional appeal registrar has the same meaning as in Order 32.\n\n> regional appeal registry has the same meaning as in Order 32.\n\n(1) This Order applies in relation to any application or appeal under, or for the purposes of, the Assessment Act or the Registration Act.\n\n(2) Subject to Order 11, rule 1, in relation to any application or appeal to which this Order applies, the provisions of this Order prevail over any other provision of these Rules to the extent of any inconsistency.\n\nDivision 2 Applications or appeals under the Assessment Act and the Registration Act other than appeals from a court of summary jurisdiction or to a Full Court\n\n3 Interpretation\n\n(a) application does not include an application for leave to appeal from an order of the Family Court; and\n\n(b) appeal does not include an appeal from a court of summary jurisdiction or to a Full Court.\n\n4 Form of application — Form 63 or 64\n\n(1) An application or appeal to which this Division applies must be made by filing the appropriate form as specified in subrule (2) or (3) in a court having jurisdiction under the Assessment Act or the Registration Act.\n\n(2) Subject to subrule (3), the application or appeal shall be in accordance with Form 63.\n\n(3) An appeal under subsection 110 (1) or section 132 of the Assessment Act or section 88 of the Registration Act shall be in accordance with Form 64.\n\n5 Hearing of application or appeal\n\nOn the filing of the application or appeal, the Registrar of the filing registry shall set down the application or appeal for hearing as soon as practicable but not less than 21 days after the day of filing.\n\n6 Service of application or appeal\n\n(1) As soon as practicable after filing an application or an appeal under the Assessment Act, the applicant, or appellant, must serve, in accordance with Order 18, a sealed copy of the application or appeal, and of any document filed with the application or appeal:\n\n(a) on the respondent to the application or appeal; and\n\n(2) As soon as practicable after filing an application or an appeal under the Registration Act, the applicant, or appellant, must serve, in accordance with Order 18, a sealed copy of the application or appeal, and of any document filed with the application or appeal:\n\n(a) on each other person who is a parent or carer of the child in relation to whom the application or appeal is made; and\n\n7 Proceedings in relation to an application or appeal\n\nOn the return day of the application or appeal, the court shall if practicable hear and determine the application or appeal or may give directions.\n\nDivision 3 Special provisions relating to specific applications or appeals\n\n8 Provisions of Division 2 still apply\n\nWhere a rule in this Division specifies particular requirements in relation to an application or appeal the particular requirements are in addition to the general requirements relating to an application or appeal specified in Division 2.\n\n9 Application under subsection 95 (6) of the Assessment Act\n\nWhere an application is made in relation to a child support agreement under subsection 95 (6) of the Assessment Act a copy of the child support agreement to which the application relates shall be attached to each copy of the application.\n\n10 Application for declaration under subsection 106 (1), 106A (1) or 107 (1) of Assessment Act\n\n(1) An application under subsection 106 (1), 106A (1) or 107 (1) of the Assessment Act must be filed:\n\n(a) within 28 days after receipt by the applicant of the notice given under subsection 98ZC (2) of that Act; or\n\n(2) However, if the ground on which the applicant seeks a declaration under subsection 107 (1) of the Assessment Act is that the applicant is not the parent of the child concerned, the application must be filed:\n\n(a) within 28 days after receipt by the applicant of the notice given under section 34 of that Act; or\n\n(3) Unless subrule (2) applies, the application must be accompanied by:\n\n(a) a copy of the notice given under section 33 or 34 of the Assessment Act, as the case requires; and\n\n(e) an affidavit, in accordance with Order 16, setting out the facts in support of the application.\n\n(4) An application to which subrule (2) applies must be accompanied by:\n\n(a) a copy of the notice given under section 34 of the Assessment Act; and\n\n(b) an affidavit, in accordance with Order 16, setting out the facts in support of the application.\n\n11 Appeal against assessment under subsection 110 (1) of Assessment Act\n\n(1) An appeal under subsection 110 (1) of the Assessment Act must be filed:\n\n(a) if Part 6B of that Act applies, within 28 days after receipt by the appellant of the notice given under subsection 98ZC (2) of that Act; or\n\n(b) within 28 days after the receipt by the appellant of the notice of decision sought to be appealed; or\n\n(c) within such further time as the court allows.\n\n(2) The appeal must be accompanied, as applicable, by:\n\n(a) a copy of the notice served under the relevant section of the Assessment Act; and\n\n(e) an affidavit, in accordance with Order 16, setting out the facts in support of the appeal.\n\n12 Application for order for departure from administrative assessment under section 98, 116, 123 or 129 of Assessment Act\n\n(1) An application under section 98, 116, 123 or 129 of the Assessment Act must be accompanied by:\n\n(a) a copy of any relevant administrative assessment; and\n\n(b) a Form 17; and\n\n(c) an affidavit, in accordance with Order 16, setting out the facts in support of the application; and\n\n(d) a copy of any relevant order or agreement.\n\n(2) An application under section 116 of the Assessment Act must also be accompanied, as applicable, by a copy of:\n\n(a) any decision made under Part 6A of that Act; and\n\n(b) any objection lodged under subsection 98X (1) of that Act; and\n\n(c) any notice lodged under subsection 98ZB (2) of that Act; and\n\n(d) any notice given under subsection 98ZC (2) of that Act.\n\n14 Appeal under section 132 of Assessment Act\n\n(1) An appeal under section 132 of the Assessment Act must be filed:\n\n(a) within 28 days after the receipt by the appellant of the notice given under subsection 98ZC (2) of that Act; or\n\n(2) The appeal must be accompanied by:\n\n(a) a copy of the notice given under section 96 of the Assessment Act; and\n\n(e) an affidavit, in accordance with Order 16, setting out the facts in support of the appeal.\n\n15 Affidavit to be filed with application under section 140 of the Assessment Act\n\nWhere an application is made under section 140 of the Assessment Act, there shall be filed with the application an affidavit which specifies concisely:\n\n(a) the nature of the case; and\n\n(b) the relevant questions involved in the case; and\n\n(c) the reasons why a stay should be granted.\n\n16 Appeal under section 88 of Registration Act\n\n(1) An appeal under section 88 of the Registration Act must be filed:\n\n(a) within 28 days after the day of service by the Child Support Registrar of the notice under subsection 87 (2) of that Act; or\n\n(2) The appeal must be accompanied by a copy of:\n\n(a) the notice served under subsection 80 (1) of the Registration Act; and\n\n(b) the relevant objection under section 82, 83 or 84 of that Act; and\n\n(c) any notice in opposition to or in support of the objection lodged by the appellant under subsection 86 (3) of that Act; and\n\n(d) the notice served under subsection 87 (2) of that Act.\n\nDivision 4 Application for leave to appeal or review\n\n18 Leave to appeal from decision of court of summary jurisdiction\n\n(1) An application for leave to appeal from the decision of a court of summary jurisdiction under section 105 of the Assessment Act or section 110 of the Registration Act must be made by filing an application for leave to appeal in duplicate in accordance with Form 63.\n\n(2) The application must be made:\n\n(a) not later than 1 month after the day on which the decision appealed from was made; or\n\n19 Affidavit to be filed with application\n\nIn relation to an application under rule 18, there must be filed with the application an affidavit that specifies concisely:\n\n(a) the nature of the case; and\n\n(b) the questions involved in the case; and\n\n(c) the reasons why leave to appeal should be given.\n\n20 Hearing date\n\nThe Registrar of the filing registry must set down an application for hearing as soon as practicable but not less than 21 days after the day of filing of the application.\n\n21 Papers relating to application for leave\n\n(1) On filing an application for leave to appeal from a court of summary jurisdiction, the applicant must file with the application a copy of the reasons for judgment of the court of summary jurisdiction, certified by the proper officer of that court.\n\n(2) If the reasons for judgment were given orally in the court of summary jurisdiction but no transcript of those proceedings is available, the applicant must file an affidavit, sworn by a person who was present during the giving of those reasons, as a record of those reasons.\n\n","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":"Service of application for leave to appeal","content":"22 Service of application for leave to appeal\n\n(1) As soon as practicable after filing an application, the applicant must serve, in accordance with Order 18, a sealed copy of the application and of any affidavit filed with the application:\n\n(a) on the respondent to the application; and\n\n(2) The applicant must also serve, by hand delivery, post or facsimile transmission, a sealed copy of each of the documents referred to in subrule (1) on the Registrar of the court of summary jurisdiction that made the decision in respect of which the application is made.\n\n","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"Transmission of papers","content":"23 Transmission of papers\n\n(1) The Registrar of the registry in which an application for leave to appeal is filed may request the Registrar of the court of summary jurisdiction to forward the papers relating to the proceedings in that court to the Registrar of the filing registry.\n\n(2) The Registrar of the court of summary jurisdiction must forward the papers relating to the proceedings in the court of summary jurisdiction to the Registrar of the filing registry as soon as practicable after the Registrar of the court of summary jurisdiction receives a request under subrule (1), or is served with an application under subrule 22 (1).\n\n","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Hearing","content":"24 Hearing\n\n(1) On the hearing of an application for leave to appeal, the court may, with the consent of the parties or of its own motion:\n\n(a) hear and determine the application; and\n\n(b) treat the application as an application for directions; and\n\n(c) hear and determine the appeal.\n\n(2) If the court grants leave to appeal, the court may give such directions as it considers appropriate for the further conduct and hearing of the appeal.\n\n","sortOrder":41},{"sectionNumber":"25","sectionType":"section","heading":"Application for leave to appeal","content":"25 Application for leave to appeal\n\n(1) Order 32A applies to an application for leave to appeal under:\n\n(a) subsection 102 (1) or (2) or 102A (1) of the Assessment Act; or\n\n(b) subsection 107 (1) or (1A) or 107A (1) of the Registration Act.\n\n(2) Order 32C applies to an application under subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act for leave to appeal to the Family Court of Australia from a decree of the Federal Magistrates Court.\n\n","sortOrder":42},{"sectionNumber":"26","sectionType":"section","heading":"Appeals to the Full Court","content":"26 Appeals to the Full Court\n\n(1) Order 32 applies to an appeal in relation to which an application for leave to appeal under any of the following provisions has been granted:\n\n(a) subsection 102 (1) or (2) or 102A (1) of the Assessment Act;\n\n(b) subsection 107 (1) or (1A) or 107A (1) of the Registration Act.\n\n(2) Order 32B applies to an appeal in relation to which an application under subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act for leave to appeal to the Family Court of Australia from a decree of the Federal Magistrates Court has been granted.\n\n","sortOrder":43},{"sectionNumber":"27","sectionType":"section","heading":"Review of decision of Judicial Registrar","content":"27 Review of decision of Judicial Registrar\n\n(1) An application to review a decision by a Judicial Registrar under the Assessment Act or the Registration Act must be filed:\n\n(a) not later than 1 month after the day on which the decision was given; or\n\n(2) Rules 20 and 22 apply in relation to an application as if the application were an appeal from a court of summary jurisdiction.\n\nDivision 5 Miscellaneous\n\n","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Copies of orders to Child Support Registrar","content":"29 Copies of orders to Child Support Registrar\n\nWhere a court makes an order under the Assessment Act or the Registration Act, the Registrar of the filing registry shall forward a copy of the order to the Child Support Registrar.\n\n","sortOrder":45},{"sectionNumber":"30","sectionType":"section","heading":"Service by Child Support Registrar","content":"30 Service by Child Support Registrar\n\n(1) Where the Child Support Registrar serves a document on a person for the purposes of the Assessment Act or the Registration Act, the document is, subject to subrule (2), to be deemed to have been received by the person:\n\n(a) in the case of a document sent by post — on the day on which the document would have reached that person in the ordinary course of post; or\n\n(b) in any other case — on the day the document was delivered to the person or left at his or her last known place of residence.\n\n(2) Despite subrule (1), the court may determine the day on which service of a document is effected on a person as the court thinks fit.\n\n","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":"Application for counselling","content":"31 Application for counselling\n\nAn application under section 17 of the Assessment Act for the assistance of the counselling facilities of the Family Court or a Family Court of a State is to be made in accordance with Form 32.\n\n","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Intervention by Child Support Registrar","content":"32 Intervention by Child Support Registrar\n\n(1) Where under section 145 of the Assessment Act the Child Support Registrar intervenes in a proceeding under that Act, the Child Support Registrar must file in the filing registry a notice in accordance with Form 65.\n\n(2) As soon as practicable after the notice of intervention is filed by the Child Support Registrar, the Registrar shall serve on each party to the application or appeal, in accordance with Order 18, a copy of the notice of intervention.\n\n","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Registration of child support agreements","content":"33 Registration of child support agreements\n\n(1) This rule applies to a child support agreement, or provisions of a child support agreement, that may be registered in a court having jurisdiction under Part VII of the Act or under the Assessment Act.\n\n(1A) A child support agreement, or provisions of a child support agreement, may be registered in a court mentioned in subrule (1) by filing in a registry of that court:\n\n(a) a copy of the agreement, or of the provisions of the agreement, to be registered; and\n\n(b) an affidavit of a party to the agreement, or the lawyer for that party, verifying that the copy mentioned in paragraph (a) is a true copy of the original.\n\n(2) If provisions of a child support agreement, or the agreement containing those provisions, is registered under this rule, the Registrar of the filing registry must, as soon as practicable after the date of filing, give written notice to each party to the agreement that the provisions of the agreement, or the agreement, has been registered.\n\n(2A) The notice must specify:\n\n(a) the court in which the provisions, or the agreement containing those provisions, is registered; and\n\n(b) the date on which registration took place.\n\n(3) Where under subsection 98 (1) or 136 (1) of the Assessment Act a court makes an order in relation to a child support agreement, the Registrar of the court in which the order was made shall, as soon as practicable after the date of the order, give written notice to each party to the agreement of the terms of the order and specifying the Court and the date on which the order was made.\n\n  \n\nOrder 31C Judiciary Act 1903 — section 78B\n\n1 Notice of a constitutional matter — Form 41B\n\n(1) Unless the court otherwise directs, a party to a proceeding pending in the Court who becomes aware that the proceeding involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903, must file a notice of a constitutional matter in the filing registry and serve a copy on each party to the proceeding.\n\n(2) Notice of a constitutional matter must state:\n\n(a) the nature of the matter; and\n\n(b) the facts showing that the matter is one to which subrule (1) applies.\n\n(3) Notice of a constitutional matter must be in accordance with Form 41B.\n\n2 Notice to Attorneys-General — Form 41B\n\nIf the court gives directions for notice in accordance paragraph 78B (2) (b) of the Judiciary Act 1903, the notice must be in accordance with Form 41B.\n\n3 Filing of affidavit of service\n\nThe court may give directions for the filing of an affidavit of service of a notice referred to in rule 1 or 2 as it sees fit.\n\n  \n\nOrder 32 Appeals to Full Court\n\n1A Application of Order 32\n\nThis Order applies to an appeal to the Full Court of the Family Court of Australia.\n\n(1) In this Order, unless the contrary intention appears:\n\n> appeal means an appeal to the Full Court of the Family Court of Australia under:\n\n(a) subsection 94 (1), 94 (1AA) or 94AAA (1) of the Act; or\n\n(b) subsection 102 (1), 102 (2) or 102A (1) of the Assessment Act; or\n\n(c) subsection 107 (1), 107 (1A) or 107A (1) of the Registration Act.\n\n> Appeal Registrar, in relation to an appeal, means the Registrar at the Appeal Registry for that appeal.\n\n> Appeal Registry, in relation to an appeal, means the Registry determined to be the Registry for that appeal.\n\n> Regional Appeal Registrar, in relation to an appeal, means the Registrar at the Regional Appeal Registry for the appeal.\n\n> Regional Appeal Registry means:\n\n(a) for an appeal other than an appeal from the Federal Magistrates Court:\n\n(i) if the appeal is from a decree made in proceedings heard in the Brisbane, Darwin or Townsville registries of the Court — the Brisbane registry; and\n\n(ii) if the appeal is from a decree made in proceedings heard in the Canberra, Newcastle, Parramatta or Sydney Registries of the Court — the Sydney Registry; and\n\n(iii) if the appeal is from a decree made in proceedings heard in the Adelaide, Dandenong, Hobart, Launceston or Melbourne Registries of the Court — the Melbourne Registry; and\n\n(b) for an appeal from the Federal Magistrates Court:\n\n(i) if the appeal is from a decree made in proceedings heard in the Northern Territory or Queensland — the Brisbane Registry; and\n\n(ii) if the appeal is from a decree made in proceedings heard in the Australian Capital Territory or New South Wales — the Sydney Registry; and\n\n(iii) if the appeal is from a decree made in proceedings heard in South Australia, Tasmania or Victoria — the Melbourne Registry.\n\n(2) For the purposes 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.\n\n2 Institution of appeal\n\n(i) a notice of appeal in accordance with Form 42; and\n\n(ii) 2 copies of the notice; and\n\n(iii) a copy of the decree appealed from; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the notice of appeal and the decree appealed from.\n\n(2) If an appeal is instituted in accordance with paragraph (1) (b), the notice of appeal, and 2 copies, and a copy of the decree appealed from, must be filed in the Regional Appeal Registry within 3 days after the copy of the notice was sent under paragraph (1) (b).\n\n(3) If a notice of appeal is sent by fax, it must be sent with a cover sheet that clearly states:\n\n(4) If a notice of appeal is sent by e‑mail, the sender must:\n\n(b) state clearly, in the notice, his or her name, postal address, document exchange number (if any), telephone number, fax number and e‑mail address.\n\n(5) If a notice of appeal sent by fax or e‑mail is accepted for filing, it is taken to be filed:\n\n(a) if the notice is received by 4.30 pm on a day when the Regional Appeal Registry is open for business — on that day; and\n\n> Note A Registrar must not accept a notice of appeal for filing unless the court fee has been paid, exempted or waived: see subregulations 16 (2A) and (3) of the Family Law Regulations 1984.\n\n(6) An appeal must be instituted within 28 days after the day on which the decree appealed from was made.\n\n(7) A notice of appeal must:\n\n(a) state whether the appeal is from the whole or part of the order; and\n\n(b) if the appeal is from part of the order — specify the part appealed from; and\n\n(c) set out briefly but specifically the grounds relied on in support of the appeal; and\n\n(d) specify the order sought in the appeal in place of the order appealed from.\n\n2AA Referral to Chief Justice\n\n(1) This rule applies if an appeal under subsection 94AAA (1) of the Act, subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act is instituted under rule 2.\n\n(2) As soon as practicable after the appeal is instituted, the Regional Appeal Registrar must refer it to the Chief Justice to determine whether the jurisdiction of the Family Court in relation to the appeal should be exercised by a Full Court or a single Judge.\n\n(3) If the jurisdiction of the Family Court in relation to the appeal is to be exercised:\n\n(a) by a Full Court — this Order applies to the appeal; and\n\n(b) by a single Judge — Order 32B applies to the appeal.\n\n2A Documents filed in connection with appeal — Form 41C\n\n(1) Unless otherwise specified, a document filed in connection with an appeal must be headed in accordance with Form 41C.\n\n(2) Subrule (1) does not apply to a document that is prepared in accordance with Form 41B, 42, 42A, 42B or 43.\n\n3 Service of notice of appeal\n\n(1) Within 14 days of instituting an appeal, an appellant must serve, in accordance with Order 18, a sealed copy of the notice of appeal on each other party to the appeal.\n\n(1A) If the appeal is from a decree of the Federal Magistrates Court, the appellant must provide the Registrar of the Federal Magistrates Court with a sealed copy of the notice of appeal within 7 days of instituting the appeal.\n\n(2) Where an appeal has been instituted:\n\n(a) the Judge or Federal Magistrate who made the decree appealed from; or\n\n(b) if that Judge or Federal Magistrate is not reasonably available — another Judge or Federal Magistrate of the Court in which the decree was made;\n\nmay, on application by a party to the appeal, direct the appellant to serve a sealed copy of the notice of appeal on a person other than a party to the appeal.\n\n3A Child welfare appeals — child’s representative\n\n(1) If an appellant files a notice of appeal in relation to proceedings in which a child was separately represented, the appellant must serve, in accordance with Order 18, a sealed copy of the notice of appeal on the child’s representative, within 14 days after filing the notice.\n\n(2) The child’s representative may appear at the hearing of the appeal.\n\n4 Stay of proceedings\n\n(1) Subject to subrule (2), an appeal does not operate as a stay of proceedings or invalidate any intermediate act or proceedings.\n\n(2) Where an appeal has been instituted:\n\n(a) the Judge or Federal Magistrate who made the decree appealed from; or\n\n(b) if that Judge or Federal Magistrate is not reasonably available — another Judge or Federal Magistrate of the court in which the decree was made;\n\nmay make an order, on such terms as the Judge or Federal Magistrate thinks fit, staying the execution or operation of the decree wholly or in part until the appeal is decided.\n\n(3) Where an order under subrule (2) has been made, a court having jurisdiction under the Act shall not enforce the decree or entertain proceedings for the enforcement of the decree, in so far as its execution or operation has been stayed, until the appeal is decided.\n\n6 Amendment of notice of appeal\n\n(1) An appellant may amend a notice of appeal:\n\n(a) by filing in the Regional Appeal Registry 3 copies of the notice with the amendments clearly marked; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the notice with the amendments clearly marked.\n\n(2) If a copy of an amended notice is sent by fax or e-mail:\n\n(a) the sender must comply with subrule 2 (2), and subrule 2 (3) or (4), as appropriate, as if the amended notice were a notice of appeal without amendments; and\n\n(b) subrule 2 (5) (except the note) applies to the amended notice in the same way as it applies to a notice of appeal without amendments.\n\n(3) An appellant may amend a notice of appeal:\n\n(a) if the amendment is made before the date fixed for the directions hearing — without leave; and\n\n(b) if the amendment is made on or after the date fixed for the directions hearing — with the leave of:\n\n(i) the Full Court; or\n\n(ii) a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge).\n\n(4) As soon as practicable after making an amendment of a notice of appeal, the appellant must serve, in accordance with Order 18, a sealed copy of the amended notice, with the amendments clearly marked, on:\n\n7 Cross-appeals\n\n(1) A party to an appeal may institute a cross-appeal:\n\n(a) by filing in the Regional Appeal Registry for the matter:\n\n(i) a notice of appeal in accordance with Form 42 endorsed as a notice of cross-appeal; and\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the notice of appeal endorsed as a notice of cross-appeal.\n\n(2) A cross-appeal must be instituted:\n\n(a) within 14 days after the day on which a sealed copy of the notice instituting the appeal was served on the party instituting the cross-appeal; or\n\n(b) within such further time as a Judge orders.\n\n(3) Subrules 2 (2), (3), (4), (5) and (7) and rules 3 and 6 apply to a notice of cross-appeal as if it were a notice of appeal.\n\n(4) Rules 4, 7A to 7F and 16 to 19A apply to a cross-appeal as if it were an appeal.\n\n","sortOrder":49},{"sectionNumber":"7A","sectionType":"section","heading":"Pre-argument statement","content":"7A Pre-argument statement\n\n(1) An appellant must file a pre-argument statement, and 2 copies of that statement, in the Regional Appeal Registry for the matter within 14 days after instituting an appeal.\n\n(2) The pre-argument statement must concisely state the issues to be raised at the hearing of the appeal.\n\n(3) The appellant must serve, in accordance with Order 18, a sealed copy of the pre-argument statement on each other party to the appeal, within 7 days after filing the statement.\n\n","sortOrder":50},{"sectionNumber":"7B","sectionType":"section","heading":"Directions hearing","content":"7B Directions hearing\n\n(1) On the filing of a pre-argument statement, the Regional Appeal Registrar must fix a time and place for a directions hearing by a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge).\n\n(2) The Regional Appeal Registrar must give written notice to each party to the appeal:\n\n(a) identifying the registry that is to be the Appeal Registry; and\n\n(b) setting out the time and place fixed for the directions hearing; and\n\n(c) directing the appellant to attend the directions hearing; and\n\n(d) if the respondent has instituted a cross-appeal, directing the respondent to attend the directions hearing.\n\n(3) The following people must attend the directions hearing unless a Judge of the Appeal Division or the Judge conducting the directions hearing otherwise orders:\n\n(a) the appellant and the appellant’s lawyer (if any);\n\n(b) if a respondent has instituted a cross-appeal — that respondent and the respondent’s lawyer (if any).\n\n(4) A respondent who has not instituted a cross-appeal, and the respondent’s lawyer (if any), may attend the directions hearing.\n\n(5) However, if the Judge conducting the directions hearing decides to conduct a settlement conference, the respondent mentioned in subrule (4) must attend that conference.\n\n","sortOrder":51},{"sectionNumber":"7C","sectionType":"section","heading":"Conduct of directions hearing","content":"7C Conduct of directions hearing\n\n(1) The Judge conducting a directions hearing may do any of the following:\n\n(a) make an order that is appropriate to the conduct of the appeal to which the directions hearing relates, including:\n\n(i) an order under subsection 94 (2B) of the Act; and\n\n(ii) an order limiting the length of any written submission;\n\n(b) adjourn the hearing from time to time;\n\n(c) adjourn the hearing to enable it to be conducted by the Regional Appeal Registrar.\n\n(2) When making an order, the Judge must give paramount consideration to the interests of justice.\n\n","sortOrder":52},{"sectionNumber":"7D","sectionType":"section","heading":"Settlement conference","content":"7D Settlement conference\n\n(1) The Judge before whom a directions hearing is listed may, before the start of, during or at the end of, the directions hearing:\n\n(b) order that a settlement conference be conducted by another Judge or a Regional Appeal Registrar.\n\n(2) A Regional Appeal Registrar conducting a directions hearing may:\n\n(b) order that a settlement conference be conducted by an Appeal Registrar.\n\n","sortOrder":53},{"sectionNumber":"7E","sectionType":"section","heading":"Conduct of directions hearing or settlement conference by electronic means","content":"7E Conduct of directions hearing or settlement conference by electronic means\n\nA Judge, Regional Appeal Registrar or Appeal Registrar may order that the directions hearing or settlement conference be conducted by electronic means.\n\n> Note For the definition of electronic means, see Order 1, subrule 4 (1). Order 30, rule 2AAA sets out the requirements for taking evidence by electronic means.\n\n","sortOrder":54},{"sectionNumber":"7F","sectionType":"section","heading":"Directions at conclusion of directions hearing or settlement conference","content":"7F Directions at conclusion of directions hearing or settlement conference\n\n(1) This rule applies if all the issues raised by an appeal are not resolved at a directions hearing or, if a settlement conference was conducted, at the settlement conference.\n\n(2) The Judge or Regional Appeal Registrar conducting the directions hearing or settlement conference must:\n\n(a) decide which documents and other material are to be included in the appeal papers; and\n\n(b) decide which parts of the transcript of the proceedings from which the appeal has arisen are relevant to the appeal and are to be included in the appeal papers; and\n\n(c) settle the index to the appeal papers in accordance with the order of arrangement mentioned in subrule 14 (4); and\n\n(d) decide how many copies of the appeal papers are required and how the copies are to be prepared; and\n\n(e) estimate how long the hearing is likely to take; and\n\n(f) make an order, in accordance with subrule 15 (1), directing who is to be responsible for preparing the appeal papers; and\n\n(g) fix a date by which the appeal papers must be filed and served.\n\n(3) When settling the index to the appeal papers, the Judge or Regional Appeal Registrar and the parties must:\n\n(a) leave out of the appeal papers those parts of the transcript, or other documents, that are irrelevant or unnecessary; and\n\n(b) reduce, as far as practicable, the number and the length of documents to be included in the appeal papers, taking care to avoid:\n\n(i) unnecessary inclusion of merely formal parts of documents; and\n\n(ii) unnecessary duplication of material.\n\n(4) If a party does not agree with a decision of the Regional Appeal Registrar under subrule (2), the party may apply to a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge), in accordance with these Rules, for a review of the Regional Appeal Registrar’s decision.\n\n9 Exhibits etc\n\n(1) As soon as practicable after an appeal has been instituted, the Appeal Registrar shall arrange to obtain:\n\n(a) the exhibits in the proceedings in which the decree appealed from was made;\n\n(b) all other documents that were before the court in those proceedings, together with a list of those documents; and\n\n(c) a copy of the reasons (if any) for judgment in those proceedings.\n\n(2) For the purposes of subrule (1), where an exhibit referred to in paragraph (1) (a) is not immediately available, the Appeal Registrar shall find out where it is and arrange to obtain it as soon as practicable.\n\n(3) The Appeal Registrar shall retain the documents and exhibits obtained under subrule (1) until the appeal is decided and then return them to the officer or person from whom they were obtained.\n\n11 Draft index to appeal papers\n\nAn appellant must, at least 3 days before the date fixed for the directions hearing:\n\n(a) file a draft index to the appeal papers in the Appeal Registry; and\n\n(b) serve a sealed copy of the draft index on the respondent and each other party to the appeal.\n\n13 Transcript\n\n(1) As soon as practicable after the index to the appeal papers has been settled, the appellant or, if so directed by the Judge or Regional Appeal Registrar conducting the directions hearing relating to the appeal, the cross-appellant, must arrange to obtain the original, or a copy of the relevant parts, of the transcript of the proceedings from which the appeal has arisen.\n\n(2) The transcript of the proceedings must have been prepared by the contractor providing transcription services to the court for those proceedings.\n\n14 Appeal papers\n\n(1) Subject to any direction of:\n\n(a) a Full Court;\n\n(b) a Judge of the court in which the decree appealed from was made; or\n\n(c) the Judge or the Regional Appeal Registrar conducting the directions hearing relating to the appeal;\n\nthe appeal papers shall be prepared in accordance with this rule.\n\n(2) The appeal papers are to have a title page specifying:\n\n(a) the title of the proceedings;\n\n(b) the title of the court in which the decree appealed from was made; and\n\n(c) the name and address for service of the solicitor for each party to the appeal proceedings.\n\n(3) An index to the documents comprising the appeal papers, specifying the date and page number of each of those documents, is to appear immediately after the title page.\n\n(4) The appeal papers are to comprise each of the following documents (originals or copies), arranged in the following order:\n\n(a) the notice of appeal;\n\n(b) the decree appealed from;\n\n(c) any relevant subsequent decree;\n\n(d) the reasons for judgment;\n\n(e) each relevant pleading, application, affidavit and other document in order of filing;\n\n(f) any report by a family and child counsellor or welfare officer that was received in evidence in the proceedings from which the appeal has arisen and that is relevant to the appeal;\n\n(g) the relevant parts of the transcript of those proceedings;\n\n(h) a list of the exhibits;\n\n(i) each relevant exhibit or relevant part of an exhibit, where practicable.\n\n(5) The pages of the appeal papers (including pages of transcript) must be numbered consecutively.\n\n(6) A pleading, an application, an affidavit or any other document is not to be included in the appeal papers unless it was put in evidence, or tendered but not admitted as evidence, in the proceedings to which the appeal relates.\n\n(7) The appeal papers are to be securely fastened to form one or more than one volume but need not be bound or printed.\n\n(8) A volume of the appeal papers is not to be more than 25 millimetres in thickness.\n\n(9) Each page in a volume of the appeal papers must be clear and legible and must comply with the requirements referred to in paragraphs 2 (c) and (d) of Order 2.\n\n15 Preparation of appeal papers\n\n(1) Subject to subrules (2) and (2B), the Judge or Regional Appeal Registrar conducting a directions hearing must direct the appellant to be responsible for preparing the appeal papers.\n\n(2) If, in a directions hearing conducted by a Judge, the Judge is satisfied that it would impose hardship on the appellant for the appellant to be responsible for preparing the appeal papers, the Judge may:\n\n(a) direct the Regional Appeal Registrar to prepare the appeal papers; or\n\n(b) if there is a cross-appellant — order the cross-appellant to do so.\n\n(2A) A direction under paragraph (2) (a) to a Regional Appeal Registrar does not affect an appellant’s or cross-appellant’s obligation under subrule 13 (1) to arrange to obtain the transcript of the proceedings from which the appeal has arisen.\n\n(2B) If, in a directions hearing conducted by a Regional Appeal Registrar, the Regional Appeal Registrar is satisfied that it would impose hardship on the appellant for the appellant to be responsible for preparing the appeal papers, the Regional Appeal Registrar may:\n\n(a) prepare the appeal papers; or\n\n(b) if there is a cross-appellant — order the cross-appellant to do so.\n\n(3) By the date fixed under paragraph 7F (2) (g), or a later date (if any) fixed by the Judge who conducted the directions hearing, a Judge of the Appeal Division or a Regional Appeal Registrar, the party responsible for preparing the appeal papers, or any part of them, must:\n\n(a) file the appeal papers in the Appeal Registry with:\n\n(i) a certificate by that party, or the lawyer for that party, to the effect that the appeal papers have been examined and have been prepared in accordance with the index to the appeal papers as settled by the Judge or Regional Appeal Registrar; and\n\n(ii) the number of copies of the appeal papers that the Judge or Regional Appeal Registrar directs; and\n\n(b) serve 2 sealed copies on each other party to the appeal.\n\n(4) However, if the appeal papers are prepared by the Regional Appeal Registrar, or by the Regional Appeal Registrar and a party to the appeal, reasonable directions for filing the papers and serving copies on the parties may be given by the Judge conducting the directions hearing or the Regional Appeal Registrar.\n\n(5) If an appellant or cross-appellant who is responsible for filing and serving the appeal papers does not file and serve the appeal papers by the date fixed under paragraph 7F (2) (g), or by a later date fixed under subrule (3), the appeal or cross-appeal is taken to be abandoned at the end of 21 days after the date by which the appeal papers should have been filed and served.\n\n(6) Unless the court otherwise orders, if an appeal or cross-appeal is abandoned under subrule (5), the appellant or cross-appellant must pay the costs of the other parties to the appeal or cross‑appeal.\n\n16 Hearing date for appeal\n\nThe Regional Appeal Registrar must:\n\n(a) list the appeal for hearing during a sitting of the Full Court; and\n\n(b) at least 28 days before the date of commencement of the sitting, give written notice to each party to the appeal of the commencement date and place of that sitting.\n\n","sortOrder":55},{"sectionNumber":"16A","sectionType":"section","heading":"Further evidence on appeal","content":"16A Further evidence on appeal\n\n(1) The provisions of this rule apply unless otherwise ordered by a Judge.\n\n(2) An application to the court to receive evidence on the hearing of an appeal, additional to evidence in the court below, must:\n\n(a) be made in accordance with Form 42A, subject to any alterations that are necessary; and\n\n(b) have attached to it an affidavit stating the grounds for the application; and\n\n(c) be filed, with any related affidavit, in the Regional Appeal Registry at least 21 days before date of commencement of the sittings in which the appeal is listed for hearing or as determined by the Judge conducting the directions hearing or hearing the appeal.\n\n(3) Any evidence necessary to establish the grounds for the application and any other evidence that the applicant wants the court to receive must be given by affidavit.\n\n(4) The evidence of any other party to the appeal must be given by affidavit filed at least 7 days before the hearing of the appeal.\n\n(5) A party to the appeal must, within the time allowed for that party to file an application or affidavit under this rule:\n\n(a) lodge as many copies of the application or affidavit as the Regional Appeal Registrar directs; and\n\n(b) serve a copy of the application or affidavit on each other party to the appeal.\n\n","sortOrder":56},{"sectionNumber":"16B","sectionType":"section","heading":"Summary of argument and list of authorities","content":"16B Summary of argument and list of authorities\n\nA summary of the arguments to be presented, and a list of the authorities to be relied on, at the hearing of an appeal or cross‑appeal must be filed and served:\n\n(a) by the appellant or cross-appellant — no later than 14 days before the date of commencement of the sittings in which the appeal (and cross-appeal, if any) is listed for hearing; and\n\n(b) by the respondent to an appeal or cross-appeal — no later than 7 days before the date of commencement of the sittings in which the appeal (and cross-appeal, if any) is listed for hearing; and\n\n(c) by a child’s representative (if any) — no later than 3 days before the date of commencement of the sittings in which the appeal is listed for hearing.\n\n17 Expediting an appeal\n\nA Judge of the Appeal Division may at any time make any order that seems just for expediting an appeal.\n\n","sortOrder":57},{"sectionNumber":"17A","sectionType":"section","heading":"Certain applications may proceed without oral hearing","content":"17A Certain applications may proceed without oral hearing\n\n(1) The Court may order that an application for an order referred to in subsection 94 (2B) or (2D) or subsection 94AAA (8) or (10) of the Act, subsection 107A (7) or (9) of the Registration Act, or subsection 102A (7) or (9) of the Assessment Act may be dealt with by the Court without an oral hearing.\n\n(2) The order may be subject to conditions as the Court directs, in relation to:\n\n(a) the time for filing of affidavits; and\n\n(b) the length of, and time for filing of, written submissions; and\n\n(c) any other matter the Court thinks fit in the interests of justice.\n\n18 Dismissal of appeal\n\n(1) If an appellant has not met a requirement of these Rules or the Regulations, or in some other way has not shown reasonable diligence in proceeding with the appeal, a Full Court may, of its own motion or on application by a party to the appeal:\n\n(a) dismiss the appeal; or\n\n(b) make:\n\n(i) an order fixing a time at which, or within which, the requirement is to be met; and\n\n(ii) at the same time, an order that the appeal will be dismissed if the requirement is not met at or within the time fixed; or\n\n(c) make any other order as appears just.\n\n(2) However, the court may make an order under this rule only if, at least 14 days before the court intends making the order, an Appeal Registrar has given notice to the appellant of the date and time at which the court will consider whether to make the order.\n\n(3) Subrule (2) does not apply to an order arising from an application.\n\n(4) A Full Court may vary an order at any time before the dismissal of the appeal to which the order relates and, in special circumstances, may vary or revoke the order after that time.\n\n19 Procedures on application for dismissal\n\n(1) If a respondent or another party applies for an order under subrule 18 (1), then, unless the Full Court or a Judge of a court having jurisdiction under the Act orders otherwise, a copy of each of:\n\n(a) an application in accordance with Form 42A; and\n\n(b) an affidavit setting out concisely the matters relied on in support of the application;\n\nmust be filed in the Regional Appeal Registry by or for the applicant at least 14 days before the return day for the application.\n\n(2) As soon as practicable after the application and the supporting affidavit are filed, the applicant must serve, in accordance with Order 18, a sealed copy of the application and the supporting affidavit on:\n\n19AA Short reasons for decision\n\nThe court, when exercising its power under subsection 94 (2A) or 94AAA (7) of the Act, subsection 102 (5) or 102A (6) of the Assessment Act or subsection 107 (4) or 107A (6) of the Registration Act, to give reasons in short form for its decision to dismiss an appeal, must do so by stating them in accordance with Form 42C.\n\n","sortOrder":58},{"sectionNumber":"19A","sectionType":"section","heading":"Withdrawal of appeal","content":"19A Withdrawal of appeal\n\n(1) An appellant may, at any time, file in the Regional Appeal Registry, and serve, a notice of withdrawal of an appeal in accordance with Form 42B.\n\n(2) On the filing of a notice, the appeal to which the notice relates is taken to be abandoned.\n\n(3) The filing of a notice does not affect any other appellant in the appeal.\n\n(4) An appellant filing a notice must pay the costs of each other party occasioned by the appeal, unless otherwise fixed or ordered by the court.\n\n20 Application for certificate to appeal to High Court\n\n(1) An application for a certificate referred to in paragraph 95 (b) of the Act shall, unless the court making the relevant decree orders otherwise, be filed in the Regional Appeal Registry:\n\n(a) not later than 21 days after the day on which the decree was made; or\n\n(2) Not later than 7 days after filing the application, the applicant must serve, in accordance with Order 18, a sealed copy of the application on each other party to the proceedings in which the relevant decree was made.\n\n21 Case stated\n\n(1) A party to proceedings under the Act, the Assessment Act or the Registration Act who wishes to have a question of law arising in the proceedings determined under that Act by a Full Court shall:\n\n(a) confer with each other party to the proceedings to try to reach agreement as to the terms of a draft special case;\n\n(b) prepare a draft special case;\n\n(c) make an appointment to have the draft special case settled before the Judge hearing the proceedings; and\n\n(d) serve a copy of the draft special case and notice of the appointment on each other party to the proceedings and on any other person as a Judge of a Family court may direct.\n\n(2) A party to proceedings who has been served with a copy of a draft special case shall at once, in writing, notify the party who prepared it of any objection to its terms and shall serve on that party a draft of any amendments which the party who has been served with a copy will seek to have made when the draft special case is settled by the Judge hearing the proceedings.\n\n(3) The Judge hearing proceedings in which a question of law has arisen shall settle the draft special case.\n\n(4) A special case must state concisely the facts and the question of law that has arisen.\n\n(5) A party to proceedings who prepares a draft special case shall, not later than 3 days after it has been settled, lodge a copy of the special case, as settled, for signature by the Judge hearing the proceedings.\n\n(6) A party to proceedings who prepares a draft special case shall, not later than 7 days after a copy of the special case has been signed by the Judge hearing the proceedings:\n\n(a) file 5 copies of the special case in the Regional Appeal Registry; and\n\n(b) serve 2 copies on each other party to the proceedings and on any other person as the Judge may direct.\n\n(7) Where copies of a special case have been filed, the Regional Appeal Registrar shall, subject to any directions from the Chief Judge, fix a day and place for the hearing of the special case and shall notify the parties in writing accordingly.\n\n(8) A summary of the arguments to be presented and a list of the authorities to be relied on at the hearing of a special case must be filed and served:\n\n(a) by the party who prepares the draft special case — at least 14 days before the commencement of the sittings at which the special case is listed for hearing; and\n\n(b) by each other party — at least 7 days before the commencement of the sittings at which the special case is listed for hearing; and\n\n(c) by a child’s representative (if any) — at least 3 days before the commencement of the sittings at which the special case is listed for hearing.\n\n22 Application to court\n\n(1) This rule applies to an application in relation to an appeal, including an application under subsection 94 (2D) or 94AAA (10) of the Act, subsection 102 (8) or 102A (9) of the Assessment Act or subsection 107 (7) or 107A (9) of the Registration Act.\n\n(2) An application to the court in relation to an appeal may be instituted:\n\n(a) by filing in the Regional Appeal Registry an application in accordance with Form 42A with an affidavit in support and 2 copies of the application and affidavit; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the application and affidavit in support.\n\n(3) If a copy of an application and affidavit in support is sent by fax or e-mail:\n\n(a) the sender must comply with subrule 2 (2), and subrule 2 (3) or (4), as appropriate, as if the application and affidavit in support were a notice of appeal; and\n\n(b) subrule 2 (5) (except the note) applies to the application and affidavit in support in the same way as it applies to a notice of appeal.\n\n23 Hearing an application\n\n(1) This rule applies to an application under:\n\n(a) subsection 94 (2B), 94 (2D), 94AAA (8) or 94AAA (10) of the Act; or\n\n(b) subsection 102 (6), 102 (8), 102A (7) or 102A (9) of the Assessment Act; or\n\n(c) subsection 107 (5), 107 (7), 107A (7) or 107A (9) of the Registration Act.\n\n(2) An application must be listed before:\n\n(a) the Full Court; or\n\n(b) a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge).\n\n(3) On hearing the application, the Judge may make any appropriate directions and determine the application.\n\n24 Withdrawal of application\n\n(1) An applicant may, at any time, file in the Regional Appeal Registry a notice of withdrawal of an application to the court in accordance with Form 42B.\n\n(2) On the filing of a notice, the proceedings to which the notice relates are taken to be abandoned.\n\n(3) The filing of a notice does not affect any other applicant in the proceedings.\n\n(4) An applicant who files a notice must pay the costs of each other party occasioned by the application, unless otherwise ordered by a Judge.\n\n  \n\nOrder 32A Applications for leave to appeal to Full Court\n\n1A Application of Order 32A\n\nThis Order applies to an application for leave to appeal to be determined by the Full Court.\n\n> application includes:\n\n(a) an application under subsection 94AA (1) of the Act for leave to appeal from a prescribed decree of a court other than the Federal Magistrates Court; or\n\n(b) an application under subsection 94AA (2A) of the Act for leave to appeal from a prescribed decree of the Federal Magistrates Court; or\n\n(c) an application for leave to appeal under subsection 102 (1) or (2) or 102A (1) of the Assessment Act or subsection 107 (1) or (1A) or 107A (1) of the Registration Act.\n\n> Note Regulation 15A of the Family Law Regulations 1984 sets out which decrees are prescribed decrees for the purposes of subsections 94AA (1) and (2A) of the Act.\n\n> Regional Appeal Registry has the same meaning as in Order 32.\n\n2 Institution of applications\n\n(1) A person may institute an application:\n\n(i) an application in accordance with Form 67; and\n\n(ii) 2 copies of the application; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the application.\n\n(2) If an application is instituted in accordance with paragraph (1) (b), the application, and 2 copies, must be filed in the Regional Appeal Registry within 3 days after the copy of the application was sent under paragraph (1) (b).\n\n(3) If an application is sent by fax, it must be sent with a cover sheet that clearly states:\n\n(4) If an application is sent by e‑mail, the sender must:\n\n(b) state clearly, in the application, his or her name, postal address, document exchange number (if any), telephone number, fax number and e‑mail address.\n\n(5) If an application sent by fax or e‑mail is accepted for filing, it is taken to be filed:\n\n(a) if the application is received by 4.30 pm on a day when the Regional Appeal Registry is open for business — on that day; and\n\n2A Referral to Chief Justice\n\n(1) This rule applies if an application under subsection 94AA (2A) of the Act, subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act is instituted under rule 2.\n\n(2) As soon as practicable after the application is instituted, the Regional Appeal Registrar must refer it to the Chief Justice to determine whether the jurisdiction of the Family Court in relation to the application should be exercised by a Full Court or a single Judge.\n\n3 Time for filing an application\n\nAn application must be filed:\n\n(a) within 28 days after the day on which the decree to which the application relates was made; or\n\n4 Affidavit in support of an application\n\n(1) An application must be supported by an affidavit setting out briefly:\n\n(a) the facts on which the application is based; and\n\n(b) the specific questions of law (if any) raised by the application.\n\n(2) The affidavit must have attached:\n\n(a) a copy of the decree from which leave to appeal is sought; and\n\n(b) the reasons for judgment (if any); and\n\n(c) a draft notice of appeal setting out briefly but specifically the grounds of appeal to be relied on if leave to appeal is granted; and\n\n(d) the reasons why leave to appeal should be granted.\n\n5 Service\n\n(1) Not later than 7 days after instituting an application, the applicant must serve, in accordance with Order 18, a sealed copy of the application on each person who was a party to the proceedings when the decree to which the application relates was made.\n\n(2) If an application has been instituted:\n\n(a) the Judge or Federal Magistrate who made the decree; or\n\n(b) if that Judge or Federal Magistrate is not reasonably available — another Judge or Federal Magistrate;\n\nmay, on application by a party to the application, direct the applicant to serve a sealed copy of the application on a person who is not a party to the application.\n\n(3) As soon as practicable after an application under section 102 or 102A of the Assessment Act, or section 107 or 107A of the Registration Act, is filed, the Regional Appeal Registrar must give a copy of the application and any affidavit filed with it to the Child Support Registrar.\n\n","sortOrder":59},{"sectionNumber":"5A","sectionType":"section","heading":"Stay of execution of decree appealed from","content":"5A Stay of execution of decree appealed from\n\n(1) If an application has been instituted under rule 2:\n\n(a) the Judge or Federal Magistrate who made the decree; or\n\n(b) if that Judge or Federal Magistrate is not reasonably available — another Judge or Federal Magistrate;\n\nmay make an order, on such terms as the Judge or Federal Magistrate thinks fit, staying the execution or operation of the decree wholly, or in part, until the application is determined.\n\n(2) If an order under subrule (1) has been made, a court having jurisdiction under the Act must not enforce the decree, or entertain proceedings for its enforcement, in so far as its execution or operation has been stayed, until the application is determined.\n\n6 Directions\n\n(1) Before the hearing of an application, the application must be listed for directions before a Judge of the Appeal Division, unless otherwise directed by the Chief Justice.\n\n(2) A Judge of the Appeal Division may make directions in relation to the conduct of an application, including a direction that an application be dealt with by the Full Court without an oral hearing.\n\n7 Supporting submissions\n\n(1) If an applicant is directed, under rule 6, to prepare a supporting submission, the applicant must prepare, within 14 days, a supporting submission and:\n\n(a) lodge 3 copies of the submission with the Regional Appeal Registrar; and\n\n(b) serve 3 copies of the submission on each other party to the application.\n\n(2) A supporting submission must state concisely:\n\n(a) the circumstances in which the application arises; and\n\n(b) the matters on which the application is based; and\n\n(c) the reasons why leave to appeal should be granted.\n\n(3) As far as practicable, a supporting submission must refer to material in a document filed in connection with the application by the page number of the document and should not extract the text of that material.\n\n(4) The paragraphs of a supporting submission must be numbered consecutively.\n\n(5) A supporting submission must be signed:\n\n(a) by the lawyer who prepared the submission; or\n\n(b) if the submission was not prepared by a lawyer — by, or on behalf of, the party for whom it was prepared.\n\n(6) A supporting submission must include the signatory’s name and telephone number, and a fax number (if any) or central document exchange number (if any) at which the signatory can be contacted.\n\n(7) Within 7 days after a copy of a supporting submission is served on a party, the party:\n\n(a) may lodge with the Regional Appeal Registrar a concise response to the matters raised in the submission; and\n\n(b) if paragraph (a) is acted on — must serve a copy of the response on each other party to the application.\n\n8 Hearing of application\n\nOn the hearing of an application the Full Court may, with the consent of the parties or of its own motion:\n\n(a) hear and determine the application; or\n\n(c) hear and determine the appeal.\n\n9 Leave to appeal may be on terms\n\nThe Full Court may grant leave to appeal on terms.\n\n  \n\nOrder 32B Appeal for hearing by a single judge\n\n1 Application of Order 32B\n\nThis Order applies to an appeal from a decree of the Federal Magistrates Court.\n\n> appeal means an appeal from a decree of the Federal Magistrates Court, including a decree mentioned in subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act, for which the jurisdiction of the court is exercised by a single Judge.\n\n> Appeal Registrar has the same meaning as in Order 32.\n\n> Appeal Registry has the same meaning as in Order 32.\n\n> Regional Appeal Registry means:\n\n(a) if the appeal is from an order made in proceedings heard in the Northern Territory or Queensland — the Brisbane Registry; and\n\n(b) if the appeal is from an order made in proceedings heard in the Australian Capital Territory or New South Wales — the Sydney Registry; and\n\n(c) if the appeal is from an order made in proceedings heard in South Australia, Tasmania or Victoria — the Melbourne Registry; and\n\n(d) if the appeal is from an order made in proceedings heard in Western Australia — the Perth Registry.\n\n(i) a notice of appeal in accordance with Form 42; and\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the notice of appeal.\n\n(2) If an appeal is instituted in accordance with paragraph (1) (b), the notice of appeal, and 2 copies, must be filed in the Regional Appeal Registry within 3 days after the copy of the notice was sent under paragraph (1) (b).\n\n(3) If a notice of appeal is sent by fax, it must be sent with a cover sheet that clearly states:\n\n(4) If a notice of appeal is sent by e‑mail, the sender must:\n\n(b) state clearly, in the notice, his or her name, postal address, document exchange number (if any), telephone number, fax number and e‑mail address.\n\n(5) If a notice of appeal sent by fax or e‑mail is accepted for filing, it is taken to be filed:\n\n(a) if the notice is received by 4.30 pm on a day when the Regional Appeal Registry is open for business — on that day; and\n\n> Note A Registrar must not accept a notice of appeal for filing unless the court fee has been paid, exempted or waived: see subregulations 16 (2A) and (3) of the Family Law Regulations 1984.\n\n(6) An appeal must be instituted within 28 days after the day on which the order appealed from was made.\n\n(7) A notice of appeal must:\n\n(a) state whether the appeal is from the whole or part of the order; and\n\n(b) if the appeal is from part of the order — specify the part appealed from; and\n\n(c) set out briefly but specifically the grounds relied on in support of the appeal; and\n\n(d) specify the order sought in the appeal in place of the order appealed from.\n\n(1) This rule applies if an appeal under subsection 94AAA (1) of the Act, subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act is instituted under rule 3.\n\n(2) As soon as practicable after the appeal is instituted, the Regional Appeal Registrar must refer it to the Chief Justice to determine whether the jurisdiction of the Family Court in relation to the appeal should be exercised by a Full Court or a single Judge.\n\n(3) If the jurisdiction of the Family Court in relation to the appeal is to be exercised:\n\n(a) by a Full Court — Order 32 applies to the appeal; and\n\n(b) by a single Judge — this Order applies to the appeal.\n\n5 Documents filed with appeal — Form 41C\n\n(1) Unless otherwise specified, a document filed for an appeal must be headed in accordance with Form 41C.\n\n(2) Subrule (1) does not apply to a document prepared in accordance with Form 41B, 42, 42A or 42B.\n\n6 Service of notice of appeal\n\n(1) Within 14 days after instituting an appeal, an appellant must serve, in accordance with Order 18, a sealed copy of the notice of appeal on:\n\n(b) the Registrar of the Federal Magistrates Court.\n\n(2) If an appeal has been instituted, the Federal Magistrate who made the decree appealed from, or if that Magistrate is not reasonably available, another Federal Magistrate, may, on application by a party to the appeal, direct the appellant to serve a sealed copy of the notice of appeal on a person other than a party to the appeal.\n\n7 Child welfare appeals — child’s representative\n\n(1) If an appellant files a notice of appeal in relation to proceedings in which a child was separately represented, the appellant must serve, in accordance with Order 18, a sealed copy of the notice of appeal on the child’s representative, within 14 days after the appellant files the notice.\n\n(2) The child’s representative may appear at the hearing of the appeal.\n\n8 Stay of proceedings\n\n(1) An appeal does not operate as a stay of proceedings.\n\n(2) If an appeal has been instituted:\n\n(a) the Federal Magistrate who made the decree appealed from (or, if that Magistrate is not reasonably available, another Federal Magistrate); or\n\n(b) the Judge conducting a directions hearing in relation to the appeal;\n\nmay make an order, on such terms as the Federal Magistrate or Judge thinks fit, staying the execution or operation of the decree wholly or in part until the appeal is decided.\n\n(3) If an order under subrule (2) has been made, a court having jurisdiction under the Act must not enforce the decree or entertain proceedings for the enforcement of the decree, in so far as its execution or operation has been stayed, until the appeal is decided.\n\n9 Security for costs\n\nIf an appeal has been instituted, a Judge may make an order, on terms that the Judge considers appropriate, for security for costs.\n\n10 Amendment of notice of appeal\n\n(1) An appellant may amend a notice of appeal:\n\n(a) by filing in the Regional Appeal Registry 3 copies of the notice with the amendments clearly marked; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the notice with the amendments clearly marked.\n\n(2) If a copy of an amended notice is sent by fax or e-mail:\n\n(a) the sender must comply with subrule 3 (2), and subrule 3 (3) or (4), as appropriate, as if the amended notice were a notice of appeal without amendments; and\n\n(b) subrule 3 (5) (except the note) applies to the amended notice in the same way as it applies to a notice of appeal without amendments.\n\n(3) An appellant may amend a notice of appeal:\n\n(a) if the amendment is made before the date fixed for the directions hearing — without leave; and\n\n(b) if the amendment is made on or after the date fixed for the directions hearing — with the leave of a Judge.\n\n(4) As soon as practicable after making an amendment of a notice of appeal, the appellant must serve, in accordance with Order 18, a sealed copy of the amended notice, with the amendments clearly marked, on:\n\n11 Cross-appeals\n\n(1) A party to an appeal may institute a cross-appeal:\n\n(i) a notice of appeal in accordance with Form 42 endorsed as a notice of cross-appeal; and\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of a notice of appeal endorsed as a notice of cross-appeal.\n\n(2) A cross-appeal must be instituted:\n\n(a) within 14 days after the day on which a sealed copy of the notice instituting the appeal was served on the party instituting the cross-appeal; or\n\n(b) within a further time directed by a Judge of a court having jurisdiction under the Act.\n\n(3) Subrules 3 (2), (3), (4), (5) and (7) and rules 6 and 10 apply to a notice of cross-appeal as if it were a notice of appeal.\n\n(4) Rules 8, 9 and 19 to 25 apply to a cross-appeal as if it were an appeal.\n\n12 Exhibits etc\n\n(1) As soon as practicable after an appeal has been instituted, the Appeal Registrar must arrange to acquire:\n\n(a) the exhibits in the proceedings in which the decree appealed from was made; and\n\n(b) all other documents that were before the court in those proceedings and a list of those documents.\n\n(2) If an exhibit mentioned in paragraph (1) (a) is not immediately available, the Appeal Registrar must find out where it is and arrange to acquire it as soon as practicable.\n\n(3) The Appeal Registrar must keep the documents and exhibits received under subrule (1) until the appeal is decided and then return them to the officer or person from whom they were acquired.\n\n13 Notifying parties about appeal etc\n\nIf an appeal has been instituted, the Regional Appeal Registrar must give written notice to each party to the appeal:\n\n(a) identifying the registry that is to be the Appeal Registry; and\n\n(b) setting out the time and place fixed for a directions hearing in relation to the appeal.\n\n14 Directions hearing\n\n(1) The Judge conducting a directions hearing in relation to an appeal:\n\n(a) must give any directions necessary to enable the appeal to be heard, including a direction that:\n\n(i) the appellant serve a sealed copy of the notice of appeal, and the order appealed from, on a person who is not a party to the appeal; or\n\n(ii) the respondent serve a sealed copy of the notice of cross-appeal, and the order appealed from, on a person who is not a party to the cross-appeal; and\n\n(b) must decide:\n\n(i) which applications, responses, affidavits and other documents are to be before the court at the hearing of the appeal; and\n\n(ii) the date by which the documents mentioned in subparagraph (i) are to be before the court; and\n\n(iii) which parts of the transcript of the proceedings from which the appeal has arisen are relevant to the appeal; and\n\n(iv) who is to acquire the transcript; and\n\n(c) must direct the party who is to acquire the transcript to do so and direct that party to serve a copy of the transcript on each other party to the appeal and file a copy of the transcript in the Appeal Registry by the date specified by the Judge; and\n\n(d) must fix the dates by which each party to the appeal must file and serve a summary of the arguments to be presented at the hearing of the appeal or cross-appeal and a list of the authorities that party will be relying on; and\n\n(e) must, as far as practicable, fix the date for the hearing of the appeal; and\n\n(f) may adjourn the directions hearing from time to time.\n\n(2) The Regional Appeal Registrar must give written notice to each party to the appeal:\n\n(a) directing the appellant to attend the directions hearing; and\n\n(b) if the respondent has instituted a cross-appeal, directing the respondent to attend the directions hearing.\n\n(3) The following people must attend the directions hearing unless a Judge of the Appeal Division or the Judge conducting the directions hearing otherwise orders:\n\n(a) the appellant and the appellant’s lawyer (if any);\n\n(b) if a respondent has instituted a cross-appeal — that respondent and the respondent’s lawyer (if any).\n\n(4) A respondent who has not instituted a cross-appeal, and the respondent’s lawyer (if any), may attend the directions hearing.\n\n(5) However, if the Judge conducting the directions hearing decides to conduct a settlement conference, the respondent mentioned in subrule (4) must attend that conference.\n\n15 Filing and service of reasons for judgment\n\nAn appellant must acquire, file and serve on each other party to an appeal, by the date specified by the Judge conducting the directions hearing for the appeal, the reasons for the Federal Magistrate’s judgment.\n\n16 Settlement conference\n\n(1) The Judge conducting a directions hearing may:\n\n(b) direct that an Appeal Registrar conduct a settlement conference.\n\n(2) If a settlement conference is conducted, the Judge or Appeal Registrar may adjourn it from time to time.\n\n17 Conduct of directions hearing or settlement conference by electronic means\n\nA Judge or Appeal Registrar conducting a directions hearing or settlement conference may order that the directions hearing or settlement conference be conducted by electronic means.\n\n18 Transcript of proceedings\n\nIf a party is directed, under paragraph 14 (1) (c), to acquire a transcript of the proceedings in which the decree appealed from was made, the transcript must be prepared by the contractor providing transcription services to the Federal Magistrates Court.\n\n19 Further evidence on appeal\n\n(1) The provisions of this rule apply unless otherwise ordered by a Judge.\n\n(2) An application to the court to receive evidence on the hearing of an appeal, additional to evidence in the court below, must:\n\n(a) be made in accordance with Form 42A, subject to any alterations that are necessary; and\n\n(b) have attached to it an affidavit stating the grounds for the application; and\n\n(c) be filed, with any related affidavit, in the Regional Appeal Registry at least 14 days before date of commencement of the sittings in which the appeal is listed for hearing or as determined by the Judge conducting the directions hearing or hearing the appeal.\n\n(3) Any evidence necessary to establish the grounds for the application and any other evidence that the applicant wants the court to receive must be given by affidavit.\n\n(4) The evidence of any other party to the appeal must be given by affidavit filed at least 7 days before the hearing of the appeal.\n\n(5) A party to the appeal must, within the time allowed for that party to file an application or affidavit under this rule:\n\n(a) lodge as many copies of the application or affidavit as the Regional Appeal Registrar directs; and\n\n(b) serve a copy of the application or affidavit on each other party to the appeal.\n\n20 Expediting an appeal\n\nA Judge of the Appeal Division may at any time make an order that seems just for expediting an appeal.\n\n21 Certain applications may proceed without oral hearing\n\n(1) A Judge may order that an application for an order mentioned in subsection 94AAA (8) or (10) of the Act, subsection 102A (7) or (9) of the Assessment Act or subsection 107A (7) or (9) of the Registration Act may be dealt with without an oral hearing.\n\n(2) The order may include conditions in relation to:\n\n(a) the time for filing affidavits; and\n\n(b) the length of, and time for filing, written submissions; and\n\n(c) any other matter that the Judge considers fit in the interests of justice.\n\n22 Dismissal of appeal\n\n(1) If an appellant has not met a requirement of these Rules or the Regulations, or in some other way has not shown reasonable diligence in proceeding with the appeal, a Judge may, of his or her own motion or on application by a party to the appeal:\n\n(a) dismiss the appeal; or\n\n(b) make:\n\n(i) an order fixing a time at which, or within which, the requirement is to be met; and\n\n(ii) at the same time, an order that the appeal will be dismissed if the requirement is not met at or within the time fixed; or\n\n(c) make any other order as appears just.\n\n(2) However, the Judge may make an order under this rule only if, at least 14 days before he or she intends making the order, an Appeal Registrar has given notice to the appellant of the date and time at which the Judge will consider whether to make the order.\n\n(3) Subrule (2) does not apply to an order arising from an application.\n\n(4) The Judge may vary an order at any time before the dismissal of the appeal to which the order relates and, in special circumstances, may vary or revoke the order after that time.\n\n23 Procedures on application for dismissal\n\n(1) If a respondent or another party applies for an order under subrule 22 (1), then, unless a Judge orders otherwise, a copy of each of:\n\n(a) an application in accordance with Form 42A; and\n\n(b) an affidavit setting out concisely the matters relied on in support of the application;\n\nmust be filed in the Regional Appeal Registry by or for the applicant at least 14 days before the return day for the application.\n\n(2) As soon as practicable after the application and supporting affidavit are filed, the applicant must serve, in accordance with Order 18, a sealed copy of the application and supporting affidavit on:\n\n24 Short reasons for decision\n\nA Judge, when exercising the power under subsection 94AAA (7) of the Act, subsection 102A (6) of the Assessment Act or subsection 107A (6) of the Registration Act, to give reasons in short form for a decision to dismiss an appeal, must do so by stating them in accordance with Form 42C.\n\n25 Withdrawal of appeal\n\n(1) An appellant may, at any time, file in the Regional Appeal Registry, and serve, a notice of withdrawal of an appeal in accordance with Form 42B.\n\n(2) On the filing of a notice, the appeal to which the notice relates is taken to be abandoned.\n\n(3) The filing of a notice does not affect any other appellant in the appeal.\n\n(4) An appellant filing a notice must pay the costs of each other party occasioned by the appeal, unless otherwise fixed or ordered by the court.\n\n26 Application for certificate to appeal to High Court\n\n(1) An application for a certificate mentioned in paragraph 95 (b) of the Act must, unless the court making the decree orders otherwise, be filed in the Regional Appeal Registry:\n\n(a) within 21 days after the day on which the decree was made; or\n\n(b) within a further time directed by a Judge of a court having jurisdiction under the Act.\n\n(2) Within 7 days after filing the application, the applicant must serve, in accordance with Order 18, a sealed copy of the application on each other party to the proceedings in which the decree was made.\n\n27 Application to court\n\n(1) This rule applies to an application in relation to an appeal, including an application under subsection 94AAA (10) of the Act, subsection 102A (9) of the Assessment Act or subsection 107A (9) of the Registration Act.\n\n(2) An application to the court in relation to an appeal may be instituted:\n\n(a) by filing in the Regional Appeal Registry an application in accordance with Form 42A with an affidavit in support and 2 copies of the application and affidavit; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the application and affidavit in support.\n\n(3) If a copy of an application and affidavit in support is sent by fax or e-mail:\n\n(a) the sender must comply with subrule 3 (2), and subrule 3 (3) or (4), as appropriate, as if the application and affidavit in support were a notice of appeal; and\n\n(b) subrule 3 (5) (except the note) applies to the application and affidavit in support in the same way as it applies to a notice of appeal.\n\n","sortOrder":60},{"sectionNumber":"28","sectionType":"section","heading":"Withdrawal of application","content":"28 Withdrawal of application\n\n(1) An applicant may, at any time, file in the Regional Appeal Registry a notice of withdrawal of an application to the court in accordance with Form 42B.\n\n(2) On the filing of a notice, the proceedings to which the notice relates are taken to be abandoned.\n\n(3) The filing of a notice does not affect any other applicant in the proceedings.\n\n(4) An applicant who files a notice must pay the costs of each other party occasioned by the application, unless otherwise ordered by a Judge.\n\nOrder 32C Applications for leave to appeal to a single judge from the Federal Magistrates Court\n\n1 Application of Order 32C\n\nThis Order applies to an application for leave to appeal that is to be determined by a single Judge.\n\n> application means:\n\n(a) an application under subsection 94AA (2A) of the Act for leave to appeal to the Family Court of Australia from a prescribed decree of the Federal Magistrates Court; or\n\n(b) an application under subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act for leave to appeal to the Family Court of Australia from a decree of the Federal Magistrates Court.\n\n> Note Subregulation 15A (1) of the Family Law Regulations 1984 sets out which decrees are prescribed decrees for the purposes of subsection 94AA (2A) of the Act.\n\n> Regional Appeal Registry has the same meaning as in Order 32.\n\n3 Institution of applications\n\n(1) A person may institute an application:\n\n(i) an application in accordance with Form 67; and\n\n(ii) 2 copies of the application; or\n\n(b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the application.\n\n(2) If an application is instituted in accordance with paragraph (1) (b), the application, and 2 copies, must be filed in the Regional Appeal Registry within 3 days after the copy of the application was sent under paragraph (1) (b).\n\n(3) If an application is sent by fax, it must be sent with a cover sheet that clearly states:\n\n(4) If an application is sent by e‑mail, the sender must:\n\n(b) state clearly, in the application, his or her name, postal address, document exchange number (if any), telephone number, fax number and e‑mail address.\n\n(5) If an application sent by fax or e‑mail is accepted for filing, it is taken to be filed:\n\n(a) if the application is received by 4.30 pm on a day when the Regional Appeal Registry is open for business — on that day; and\n\n(1) This rule applies if an application under subsection 94AA (2A) of the Act, subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act, is instituted under rule 3.\n\n(2) As soon as practicable after an application is instituted, the Regional Appeal Registrar must refer the application to the Chief Justice to determine whether the jurisdiction of the Family Court in relation to the application should be exercised by a Full Court or a single Judge.\n\n5 Time for filing an application\n\nAn application must be filed:\n\n(a) within 28 days after the day on which the decree to which the application relates was made; or\n\n6 Affidavit in support of application\n\n(1) An application must be supported by an affidavit setting out briefly:\n\n(a) the facts on which the application is based; and\n\n(b) the specific questions of law (if any) raised by the application.\n\n(2) The affidavit must have attached:\n\n(a) a copy of the decree from which leave to appeal is sought; and\n\n(b) the reasons for judgment (if any); and\n\n(c) a draft notice of appeal setting out briefly but specifically the grounds of appeal to be relied on if leave to appeal is granted; and\n\n(d) the reasons why leave to appeal should be granted.\n\n7 Service\n\n(1) Within 7 days after instituting an application, the applicant must serve, in accordance with Order 18, a sealed copy of the application on each person who was a party to the proceedings when the decree to which the application relates was made.\n\n(2) If an application has been instituted:\n\n(a) the Federal Magistrate who made the decree (or, if that Federal Magistrate is not reasonably available, another Federal Magistrate); or\n\n(b) a Judge of the Family Court;\n\nmay, on application by a party to the application, direct the applicant to serve a sealed copy of the application on a person who is not a party to the application.\n\n(3) As soon as practicable after an application under subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act is filed, the Regional Appeal Registrar must give a copy of the application and any affidavit filed with it to the Child Support Registrar.\n\n8 Stay of execution of decree\n\n(1) If an application has been instituted:\n\n(a) the Federal Magistrate who made the decree from which an appeal is sought (or, if that Federal Magistrate is not reasonably available, another Federal Magistrate); or\n\n(b) a Judge of a court having jurisdiction under the Act;\n\nmay make an order, on such terms as the Federal Magistrate or Judge thinks fit, staying the execution or operation of the decree wholly, or in part, until the application is determined.\n\n(2) If an order under subrule (1) has been made, a court having jurisdiction under the Act must not enforce the decree or entertain proceedings for its enforcement, in so far as its execution or operation has been stayed, until the application is determined.\n\n9 Directions\n\n(1) Before an application is heard, it must be listed for directions before a Judge, unless otherwise directed by the Chief Justice.\n\n(2) The Judge before whom the application is listed for directions may make directions in relation to the conduct of an application, including a direction that the application be dealt with, without an oral hearing.\n\n10 Supporting submissions\n\n(1) If an applicant is directed, under rule 9, to prepare a supporting submission, the applicant must:\n\n(a) within 14 days after the direction is made, prepare a supporting submission; and\n\n(b) lodge a copy of the submission with the Regional Appeal Registrar; and\n\n(c) serve a copy of the submission on each other party to the application.\n\n(2) A supporting submission must:\n\n(a) concisely state:\n\n(i) the circumstances in which the application arises; and\n\n(ii) the matters on which the application is based; and\n\n(iii) the reasons why leave to appeal should be granted; and\n\n(b) as far as practicable, refer to material in a document filed in relation to the application by the page number of the document and not extract the text of that material; and\n\n(c) be signed:\n\n(i) by the lawyer who prepared the submission; or\n\n(ii) by the party; and\n\n(d) include the signatory’s name and telephone number, and a fax number (if any) or central document exchange number (if any) at which the signatory can be contacted.\n\n(3) The paragraphs of a supporting submission must be numbered consecutively.\n\n(4) Within 7 days after a copy of a supporting submission is served on a party, the party:\n\n(a) may lodge with the Regional Appeal Registrar a concise response to the matters raised in the submission; and\n\n(b) if paragraph (a) is acted on — must serve a copy of the response on each other party to the application.\n\n11 Leave to appeal may be on terms\n\nA Judge hearing an application may grant leave to appeal on terms.\n\nOrder 32D Appeals from courts of summary jurisdiction\n\n1 Application of Order 32D\n\nThis Order applies to an appeal under section 96 of the Act to the Family Court of Australia from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Act.\n\n2 Definition\n\n> appeal means an appeal under section 96 of the Act to the Family Court of Australia from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Act.\n\n(a) by filing, in the registry of the court appealed to that is nearest the court of summary jurisdiction from which the appeal is made, a notice of appeal in accordance with Form 43; or\n\n(b) by sending, by fax or e-mail, a copy of the notice of appeal to the registry of the court appealed to that is nearest the court of summary jurisdiction from which the appeal is made.\n\n(2) If an appeal is instituted in accordance with paragraph (1) (b), the notice of appeal must be filed in the registry of the court appealed to that is nearest the court of summary jurisdiction from which the appeal is made within 3 days after the copy of the notice was sent under paragraph (1) (b).\n\n4 Time for filing a notice of appeal\n\nA notice of appeal must be filed:\n\n(a) within 28 days after the day on which the decree from which an appeal is sought was made; or\n\n5 Fixing a hearing date\n\nOn the filing of the notice of appeal, the Registry Manager must fix a date for a directions hearing or the hearing of the appeal that is as near as practicable to 28 days after the notice was filed.\n\n6 Service\n\nWithin 2 days after filing a notice of appeal, the appellant must:\n\n(a) serve, in accordance with Order 18, a sealed copy of the notice on each party to the appeal; and\n\n(b) file a sealed copy of the notice in the court appealed from.\n\n7 Stay of proceedings\n\n(1) An appeal does not operate as a stay of proceedings or invalidate any intermediate act or proceedings.\n\n(2) If an appeal has been instituted:\n\n(a) the Magistrate who made the decree appealed from; or\n\n(b) if that Magistrate is not reasonably available, a Judge of the court in which the appeal is instituted;\n\nmay make an order, on such terms as the Magistrate or Judge thinks fit, staying the execution or operation of the decree wholly or in part until the appeal is decided.\n\n(3) If an order under subrule (2) has been made, a court must not enforce the decree or entertain proceedings for the enforcement of the decree, in so far as its execution or operation has been stayed, until the appeal is decided.\n\n8 Transmission of papers\n\nAs soon as practicable after a sealed copy of a notice of an appeal has been filed in the court appealed from, the Registrar of that court must send all the documents in the Registrar’s possession relating to the appeal to the Registrar of the court in which the appeal has been instituted.\n\nOrder 33 Enforcement\n\n1 Definitions\n\n> obligation means an obligation to which rule 2 applies.\n\n> prescribed personal property, in relation to a person, means:\n\n(a) clothes, bed, bedding and kitchen furniture (including a stove, oven and refrigerator, but not including a washing machine or automatic dishwasher); and\n\n(b) ordinary tools of trade, plant and equipment, and professional instruments and reference books, the combined value of which is not more than $1 000.\n\n2 Enforcement of obligations\n\n(1) This rule applies to:\n\n(a) the recovery of a debt due to the Commonwealth under section 30 or 67 of the Child Support (Registration and Collection) Act 1988; and\n\n(b) an order that a party pay maintenance or other money for the benefit of the other party, or of a child, made under:\n\n(i) the Act; or\n\n(ii) the Child Support (Registration and Collection) Act 1988; and\n\n(ba) a parenting plan registered under section 63E of the Act that has not been set aside or otherwise ceased to have effect; and\n\n(bc) an order made under section 67D of the Act; and\n\n(c) a maintenance agreement registered under subsection 86 (1) of the Act that has not been set aside or has not otherwise ceased to have effect; and\n\n(d) a maintenance agreement approved under section 87 of the Act in respect of which there is in force an order under paragraph 87 (11) (c) of the Act; and\n\n(da) an agreement varying or revoking an original agreement dealing with the maintenance of a child under section 66SA of the Act; and\n\n(e) an overseas maintenance order or agreement that, under the Regulations, is enforceable in Australia; and\n\n(f) an order under the Act or the repealed Act for the payment of costs; and\n\n(g) an order made in the exercise of jurisdiction conferred by the Act, the Regulations or these Rules that a person pay a fine or forfeit a bond; and\n\n(h) an order under subsection 82 (7) of the Act for the recovery of moneys; and\n\n(ha) a financial agreement under Part VIIIA of the Act in respect of which an order is in force under paragraph 90KA (c) of the Act; and\n\n(i) an order under section 117A of the Act for the payment of reparations; and\n\n(j) a liability to pay child support under an assessment or order made under the Child Support (Assessment) Act 1989;\n\nand this rule (except subrule (4)) applies in relation to an agreement referred to in paragraph (ba), (c), (d), (da) or (e) as if it were an order of the court in which it is registered or taken to be registered.\n\n(1A) A reference in paragraph (1) (d) to a maintenance agreement shall, where an order under paragraph 87 (11) (c) of the Act is in force in respect of a part of the agreement, be read as a reference to that part of the agreement.\n\n(2) Where a court by an order referred to in paragraph (1) (g) imposes a fine, the fine shall, unless the court otherwise orders, be payable forthwith into the filing registry.\n\n(3) Where in or in relation to proceedings a court orders the forfeiture of a bond, the money forfeited shall, unless the court otherwise orders, be payable forthwith into the filing registry.\n\n(4) Subject to subrule (4A), if an obligation arises under an order and the person under the obligation was not present, or represented by a lawyer, in court when the order was made, a sealed copy of the order must be served on the person in accordance with Order 18 by:\n\n(a) in case of a fine imposed by a court — the Marshal, an officer of the court, or a person appointed by the Registrar; and\n\n(b) in any other case — by a representative or agent of the person for whose benefit the order was made.\n\n(4A) If, by an order to which this rule applies:\n\n(a) a person:\n\n(i) is liable to pay a registrable maintenance liability under the Child Support (Registration and Collection) Act 1988; or\n\n(ii) is ordered to pay a debt due to the Commonwealth under that Act; and\n\n(b) that person is not present or represented by a lawyer in the Court when the order is made;\n\nthe Child Support Registrar shall cause a sealed copy of the order to be served on that person in accordance with Order 18, paragraph 5 (1) (a).\n\n(4B) If a person seeks to enforce an obligation that is not an order of the court, or is not deemed by the court to be an order of the court, the person may apply to the court for:\n\n(a) an order declaring the amount of the obligation; and\n\n(b) a second order that the obligation be paid.\n\n(5) An obligation may be enforced by one or more of the following means:\n\n(a) garnishment;\n\n(b) seizure and sale of personal property;\n\n(c) sequestration of estate;\n\n(d) sale of real property.\n\n(6) Where a person ordered to pay maintenance or other money for the benefit of a party or child fails or refuses to make the payment, proceedings for the enforcement of the payment may be taken by the party or child for whose benefit the order was made or on behalf of that party or child by a person entitled to do so under the Act or Regulations.\n\n(7) Where proceedings for the enforcement of the payment of maintenance or other money payable under an order for the benefit of a party or child are taken on behalf of that party or child by a person entitled to do so under the Act or Regulations, that maintenance or other money may, unless the court otherwise orders, be paid to that person, and the receipt of that person for any maintenance or other money so paid shall be sufficient discharge of the liability of the person required under the order to pay that maintenance or other money.\n\n(8) If a person ordered to pay a fine under an obligation fails to do so, proceedings for the enforcement of the payment of that fine may be taken by a Registrar, the Marshal or an officer of the Attorney-General’s Department, but not by a party.\n\n(9) Where a court has ordered that a bond be forfeited, proceedings for the enforcement of that forfeiture may be taken by the Marshal, an officer of a police force, or by an officer of the Attorney-General’s Department designated by the Secretary to that Department, but not by a party.\n\n(10) Where, immediately before the date of commencement of the Act, an order that a party to a marriage pay maintenance or other money for the benefit of the other party to the marriage or of a child of the marriage was registered in a court that has jurisdiction under the Act, that order may be enforced in accordance with this order.\n\n(11) An application for the enforcement of an obligation shall state whether any other decree is in force for the enforcement of the obligation and whether any other proceedings for the enforcement of the obligation are pending and, if any such proceedings are pending (being proceedings taken by a person referred to in subrule (7)), the name of that person.\n\n(12) Where an application for the enforcement of an obligation names a person referred to in subrule (7) as the person who has taken other proceedings that are pending for the enforcement of the obligation, the Registrar shall enquire of the person so named as to the present position with regard to those proceedings and shall file with the court papers relating to the application a memorandum containing any information ascertained as a result of that enquiry.\n\n3 Summary procedures on failure to comply with obligation\n\n(1) If a person fails to satisfy an obligation, a person seeking to enforce the obligation may file an affidavit requesting the issue of:\n\n(a) in relation to a debt due to the Commonwealth:\n\n(i) a notice in accordance with Form 45A; or\n\n(ii) a summons in accordance with Form 45B; or\n\n(b) in any other case:\n\n(i) a notice in accordance with Form 45; or\n\n(ii) a summons in accordance with Form 46.\n\n(1A) An affidavit filed under subrule (1) must:\n\n(a) contain evidence in support of the request made in the affidavit; and\n\n(b) state whether any other order is in force for the enforcement of the obligation; and\n\n(c) state whether any other proceedings for the enforcement of the obligation are pending; and\n\n(d) if proceedings taken by a person referred in subrule 2 (7) are pending — state the name of the person who has taken the proceedings; and\n\n(e) be accompanied by the appropriate form of notice or summons under subrule (1).\n\n(1B) If:\n\n(a) a person has taken proceedings to enforce an obligation; and\n\n(b) before those proceedings are completed, the person is named in an affidavit filed under subrule (1) as the person who has taken proceedings to enforce the obligation;\n\nthe Registrar must:\n\n(c) ask the person for details in relation to progress of the proceedings; and\n\n(d) attach a memorandum containing those details to the affidavit.\n\n(2) On receipt of an affidavit filed under subrule (1) and an appropriate form of notice, the Registrar may issue a notice in accordance with Form 45 or 45A.\n\n(3) On receipt of an affidavit filed under subrule (1) and an appropriate form of summons, the Registrar may issue a summons in accordance with Form 45B or 46 if:\n\n(a) in the case of an obligation, other than an obligation to which paragraph (b) of this subrule applies — the Registrar is satisfied that the person under the obligation has failed to make a payment for a period of at least 2 weeks; and\n\n(b) in the case of an order mentioned in paragraph 2 (1) (f), (g), (h) or (i) — the Registrar is satisfied that the person against whom the order was made has failed to comply with the order.\n\n(4) A summons under this rule for the enforcement of an order of a kind referred to in paragraph 2 (1) (g) may be issued by the Registrar of the court that imposed the relevant fine or ordered the forfeiture of the relevant bond and not otherwise.\n\n(5) A summons under this rule, shall be served on the person to whom it is addressed in a manner referred to in Order 18.\n\n(6) A person served with a summons under this rule shall not, without reasonable excuse:\n\n(a) fail to attend as required by the summons and then on such days and at such times as the court may direct;\n\n(b) refuse or fail to be sworn;\n\n(c) refuse or fail to answer a question on any matter relating to the failure to satisfy the obligation sought to be enforced; or\n\n(d) refuse or fail to produce a document that is required to be produced by the summons.\n\n(7) Where a person fails to attend before a court as required by a summons under this rule duly served on that person, or on such days and at such times as the court directs, the court may issue a warrant directing that the person be taken into custody and brought before the court.\n\n(8) The Registrar of the court that issues a warrant under subrule (7) shall cause to be attached to the warrant:\n\n(a) a sealed copy of the order in relation to which the warrant is issued; or\n\n(b) a copy of that order certified by the Registrar to be a true copy of the sealed copy in the custody of the Registrar.\n\n(9) If a court is satisfied that a person appearing before it, whether in person or represented by a lawyer, has failed to satisfy an obligation, the court may:\n\n(a) order the payment of the amount found to be owing under the obligation; and\n\n(b) enforce the obligation by any of the following means:\n\n(i) a garnishment order under rule 4;\n\n(ii) an order under rule 5 for the seizure and sale of personal property belonging to the person;\n\n(iii) an order under rule 6 that the estate of the person be sequestrated;\n\n(iv) an order under rule 7 for the sale of an interest in real property belonging to the person;\n\n(v) any order it considers necessary to enable enforcement of the obligation or to prevent the dissipation of property or the wasting of assets.\n\n4 Garnishment\n\n(1) In this rule, unless the contrary intention appears:\n\n> applicant means a person or authority instituting proceedings under subrule (2).\n\n> garnishee means a person (including a corporation, the Commonwealth, a State or Territory or an authority or institution constituted by or under a law of the Commonwealth, or of a State or Territory) from whom the applicant claims that money is due or accruing to the respondent.\n\n> respondent means the person who has failed to satisfy an obligation.\n\n(2) If a person fails to satisfy an obligation, a person entitled to take proceedings to enforce the obligation may apply to the court for a garnishment order to enforce the obligation.\n\n(3) An application for a garnishment order may be made ex parte.\n\n(4) The following moneys may be the subject of a garnishment order:\n\n(a) a sum standing to the credit of the respondent in a bank, building society, co-operative housing society or similar society, credit union, credit society or investment fund or corporation, that is payable to the respondent on call or on notice;\n\n(b) the earnings of the respondent (being wages or salary and fees, bonus, commission, overtime pay or other emoluments payable in addition to or in lieu of wages or salary), a pension, annuity, moneys payable in lieu of leave, or retirement benefit due or accruing to the respondent;\n\n(c) any debt or other sum of money due or accruing to the respondent.\n\n(5) Where the application for a garnishment order is made by a person other than the Registrar, it shall be verified by affidavit.\n\n(6) An affidavit in support of an application for a garnishment order shall state:\n\n(a) particulars of the moneys payable by the respondent;\n\n(b) efforts made by the applicant or any other person to obtain payment of those moneys;\n\n(c) details of any relevant information furnished by the respondent in response to a notice under paragraph 3 (1) (a) or obtained in an examination pursuant to a summons issued under paragraph 3 (1) (b);\n\n(d) particulars of the moneys referred to in subrule (4) in respect of which application is made for garnishment; and\n\n(e) the order sought against the garnishee.\n\n(7) The court shall, in respect of an application for a garnishment order:\n\n(a) make the order sought or such other appropriate order on the application as it thinks fit; or\n\n(b) dismiss the application.\n\n(8) Prior to the making of an order under subrule (7), the court may, in proceedings on an application for a garnishment order:\n\n(a) adjourn the proceedings and require the garnishee and the respondent or either of them to be served with a copy of the application;\n\n(b) give directions as to service and the further hearing of the proceedings; and\n\n(c) make such other order as it thinks necessary to prevent the moneys that are the subject of the application from disappearing or being dissipated.\n\n(9) Where the court makes a garnishment order attaching the earnings of the respondent, it shall:\n\n(a) specify the periodic amount to be deducted from the respondent’s earnings in satisfaction of the moneys payable, that is to say, the normal deduction rate;\n\n(b) specify an amount fixed by the court as the amount below which the respondent’s earnings shall not be reduced by compliance with the order, that is to say, the protected earnings rate;\n\n(c) specify the person to whom, the place at which and the manner in which payment of amounts to be paid by the garnishee under the order is to be made;\n\n(d) specify the amount that the garnishee may deduct from the normal deduction rate referred to in paragraph (a) for administrative expenses; and\n\n(e) specify the date from which the payments shall commence.\n\n(10) A sealed copy of an order under subrule (7) shall be served on the garnishee and on the respondent in accordance with Order 18.\n\n(11) A garnishee who has been served with a garnishment order:\n\n(a) may apply to the court disputing his liability to make payments under the order; or\n\n(b) shall comply with the order.\n\n(12) If the garnishee applies to the court disputing the order, the garnishee shall file an affidavit setting out the facts and circumstances upon which the order is disputed, and serve a copy of the affidavit on the applicant and the respondent in accordance with Order 18.\n\n(13) On the hearing of an application by a garnishee disputing the liability of the garnishee to make payments under a garnishment order, the court:\n\n(a) may proceed with the hearing and determination of the dispute notwithstanding that the respondent has not been served with the application; and\n\n(b) shall hear and determine the matter in dispute and make such order, including an order as to costs, as it thinks fit.\n\n(14) Where a person complies with an order under paragraph (7) (a), his compliance with the order shall be a valid discharge of the indebtedness of the person to the respondent to the extent of the amount paid under the order.\n\n(15) The court may, on application or of its own motion, vary or discharge an order under paragraph (7) (a) upon such conditions as it thinks fit.\n\n(16) Where an order is varied or discharged under subrule (15), the court shall make such orders as to service of the order as varied or the order for discharge on the garnishee and other persons as it thinks fit.\n\n(17) The provisions of subrule (11) apply, insofar as they are applicable, to an order that has been varied under subrule (15).\n\n(18) An amount standing to the credit of a respondent in an account in a bank, building society, co-operative housing society or similar society, credit union or credit society, or investment fund or corporation, that is payable to the respondent on call or on notice shall, subject to subrule (19), for the purposes of this rule, be a debt due to the respondent notwithstanding that any condition relating to the account or a demand or notice for payment under the account is unsatisfied.\n\n(19) Where an amount referred to in subrule (18) is made the subject of an order under this rule then, unless the court otherwise orders, the first-mentioned order only operates to require payment of the said amount when any necessary period of notice has expired, but service on the garnishee of the order for payment of the said amount shall be deemed to be the giving of that notice.\n\n(20) A garnishee shall not, without reasonable excuse:\n\n(a) fail to comply with an order made under subrule (7), (13) or (15); or\n\n(b) dismiss a respondent from or injure a respondent in respect of employment, or alter the respondent’s position to the prejudice of the respondent, by reason of an order made under this rule.\n\n(21) A conviction under subrule (20) does not limit, restrict or otherwise affect any obligation that the garnishee may have in relation to the respondent or any right or remedy that the respondent may have against the garnishee under any other law of the Commonwealth or of a State or Territory.\n\n(22) A pension, annuity or allowance that is protected from garnishment or encumbrance under any law shall not be subject to an order under this rule.\n\n(23) Where an order under this rule is in force and the respondent ceases to be employed by the garnishee, the respondent and the garnishee shall, within 21 days after the respondent ceases to be so employed, each give notice to the court:\n\n(a) notifying that the respondent has ceased employment with the garnishee; and\n\n(b) specifying the date on which the employment ceased;\n\nand, if the respondent has a new employer, the respondent shall, in the notice given under this subrule, specify:\n\n(c) the name and address of that employer and the place of the respondent’s employment by that employer; and\n\n(d) the amount of the respondent’s earnings from employment with that employer.\n\n(24) Where the Court receives a notice under subrule (23), it shall notify the applicant in writing and, if no written objection is received from the applicant or the respondent within a reasonable time, it may, of its own motion, issue a fresh order in appropriate terms naming the new employer as garnishee.\n\n5 Seizure and sale of personal property\n\n(1) If a person fails to satisfy an obligation, a person entitled to take proceedings to enforce the obligation may apply to the court for an order to seize personal property belonging to the first-mentioned person to enforce the obligation.\n\n(2) An application under subrule (1) may be made ex parte.\n\n(3) An affidavit in support of an application for seizure of property under subrule (1) shall state:\n\n(a) particulars of the moneys not paid by the person against whom the order is sought;\n\n(b) efforts made by the applicant and any other person to obtain payment of the moneys;\n\n(c) details of any relevant information furnished by the respondent in response to a notice under paragraph 3 (1) (a) or obtained in an examination under paragraph 3 (1) (b); and\n\n(d) details of personal property owned or believed to be owned by the person against whom the order is sought.\n\n(4) Where application is made under this rule by a Registrar or other public authority, verification thereof by affidavit is not required.\n\n(5) Where an application is made under subrule (1), the court may order:\n\n(a) a Marshal of the court; or\n\n(b) any other officer of the court or some other person (such officer or person being an officer or person who is willing and able to execute the order);\n\nto seize and realize some or all of the personal property, not being prescribed personal property, of the person named in the order.\n\n(6) An order made under subrule (5) shall specify the amount owing by the person named in the order and may include such further amount to cover the expenses of obtaining and executing the orders as the court thinks fit.\n\n(7) If the person named in the order pays to the Marshal, officer of the court or other person specified in the order or into the registry of the court where the order was made the total of the amounts specified under subrule (6), the order shall be deemed to have been complied with and no further steps shall be taken under it.\n\n(8) Where it appears to the Marshal, officer or other person specified in the order that the property ordered to be seized in accordance with subrule (5) is substantially greater in value than the amounts specified under subrule (6), the Marshal, officer or other person shall first seize and realize so much of the property as appears to be sufficient.\n\n(9) The Marshal, officer or other person specified in the order shall seize or realize the property:\n\n(a) in such order as seems to the Marshal, officer or other person best for the speedy execution of the order without undue expense;\n\n(b) subject to paragraph (a), in such order as the person named in the order may request; and\n\n(c) subject to paragraphs (a) and (b), in such order as appears to the Marshal, officer or other person best for minimizing hardship to the person named in the order and any other person affected.\n\n(10) The Marshal, officer or other person specified in the order shall, in relation to all property seized by the Marshal, officer or other person:\n\n(a) put the property up for sale as quickly as is consistent with due regard to the interests of the parties and to the desirability of a beneficial realization of the property;\n\n(b) put the property up for sale at the place where it seems best for a beneficial realization of the property;\n\n(c) advertise the sale in such manner as appears to be adequate; and\n\n(d) sell the property by auction or private treaty.\n\n(11) The Marshal, officer or other person specified in the order shall pay the proceeds of sale into the registry of the court where the order was made, whereupon the Registrar shall apply the proceeds so paid:\n\n(a) firstly, in or towards the discharge of the amount specified under subrule (6) for the expenses of obtaining and executing the order or, if no such amount is so specified or the amount specified is found to have been too great or too small, then in or towards the discharge of such sum as the Registrar may fix as the proper expenses of obtaining and executing the order; and\n\n(b) secondly, in or towards the discharge of the amount specified in the order under that subrule as the amount owing by the person named in the order.\n\n(12) The Registrar shall:\n\n(a) if the Registrar considers that the person named in the order may have a continuing obligation — retain the balance to be dealt with in accordance with the further order of the court; or\n\n(b) in any other case — pay the balance, if any, to the person named in the order.\n\n(13) Where the Registrar retains money under paragraph (12) (a), the Registrar shall report that fact to the court, whereupon the court, having regard to any continuing obligation the person named in the order may have, may make such orders as to the further disposition of the moneys as it thinks fit.\n\n(14) Where the court makes an order under subrule (13), it may make such further orders as to service of the order and other matters related thereto as it thinks fit.\n\n6 Sequestration of estate\n\n(1) If a person fails to satisfy an obligation, a person who is entitled to take proceedings to enforce the obligation may apply to the court for an order that the estate of the first-mentioned person be sequestrated.\n\n(2) The affidavit filed by the applicant with an application under subrule (1) shall set out:\n\n(a) particulars of the estate sought to be sequestrated; and\n\n(b) the reasons for seeking the order, including any attempts to obtain satisfaction of the obligation by other means.\n\n(3) Where an application has been made under subrule (1), the court may make an order:\n\n(a) sequestrating the estate in part or in whole;\n\n(b) appointing the Marshal, an officer of the court or other named person as receiver of the estate; and\n\n(c) as to the costs and expenses of the sequestration.\n\n(4) In urgent cases, the court may hear the application ex parte and make an order, but such an order shall be expressed to operate only until the further order of the court.\n\n(5) Where the court makes an order under subrule (4), it may give such directions as to service and the further hearing of the application as it thinks fit.\n\n(6) A court exercising jurisdiction under the Act may, on application by a person whose estate has been sequestrated in pursuance of an order made under this rule by the court, discharge the order upon such terms and conditions as the court thinks fit.\n\n(7) A Family Court or the Supreme Court of the Northern Territory may, on the application of a person whose interests the Court is satisfied are materially affected by an act or omission of, or decision made by, a person appointed as receiver of an estate under subrule (3), make such order as it thinks just.\n\n(8) A Family Court or the Supreme Court of the Northern Territory may, on the application of:\n\n(a) a person who applied to the Court for an order under which the estate of another person has been ordered under paragraph (3) (a) to be sequestrated;\n\n(b) a person whose estate has been sequestrated in pursuance of such an order;\n\n(c) a creditor of a person whose estate has been so sequestrated; or\n\n(d) the Principal Registrar or a Registrar of a Family Court;\n\nmake any one or more of the following orders:\n\n(e) an order for the examination before the Court of the receiver or any other person in connection with the sequestration;\n\n(f) an order removing the receiver from office;\n\n(g) such other orders as it thinks fit.\n\n(9) In this Rule estate, in relation to a person, does not include the prescribed personal property of that person.\n\n7 Power of sale of real property\n\n(1) If a person fails to satisfy an obligation, a person who is entitled to take proceedings to enforce the obligation may apply to the court for an order that any interest in real property of the first-mentioned person be sold to enforce the obligation.\n\n(2) On an application under subrule (1), the court may do any of the following:\n\n(a) appoint the Marshal or another person (including a party to the proceedings) as trustee for the sale of the interest;\n\n(b) order that the interest be transferred or assigned to the trustee, and direct a party to execute a deed or instrument necessary for the transfer or assignment;\n\n(c) give any necessary directions for the sale of the interest, including directions about the possession or occupancy of the real property until the sale;\n\n(d) give directions about the disposition of the proceeds of the sale of the interest.\n\n8 Certificate as to payments under maintenance order\n\n(1) Where a Registrar or a public authority is specified in an order of a court as the person to whom maintenance payable under the order is to be paid, that Registrar or authority shall, at the request of a Registrar or of the person who obtained the order, or of the person liable to make payments under the order, give to that Registrar or person a certificate:\n\n(a) stating the amount that, according to the records of the court or authority, has been paid under the order or, in the case of a second or subsequent certificate to be given to the same Registrar or person in respect of the same order, the amount that, according to those records, has been paid under the order since the last certificate was given; and\n\n(b) the amount that, according to those records, remains unpaid.\n\n(2) Where, under subrule (1), a certificate is to be given by a Collector of Maintenance or by the Director of the Department for Community Welfare of South Australia, it shall be sufficient if the certificate is given by a subordinate of the Collector or Director.\n\n(3) When a certificate has been given in accordance with subrule (1) or (2), the Court may receive the certificate in evidence.\n\n9 Certain orders enforceable in South Australia\n\n(1) This Rule applies to an order or agreement referred to in subrule 2 (1).\n\n(2) Where an order to which this rule applies is enforceable by a court of the State of South Australia having jurisdiction under the Act, all money to be paid under the order is, unless that court otherwise orders, payable, so long as the person required under the order to pay that money resides in that State, to the Collector of Maintenance of that State, and the receipt of that Collector for any amount so paid shall be sufficient discharge of the liability of the person required under the order to pay that amount.\n\n10 Payment into court by order\n\nIf a party to proceedings pays money into court under paragraph 66P (1) (f), 67D (2) (e) or 80 (1) (f) of the Act, the party must file a notice of payment in accordance with Form 46A.\n\n  \n\nOrder 34 Recovery orders, warrants and procedure after arrest\n\nDivision 1 Recovery orders\n\nIn this Division, recovery order has the meaning given by section 67Q of the Act.\n\n2 Application for recovery order — Form 8\n\nAn application for a recovery order must be in accordance with Form 8.\n\n3 Form of recovery order — Form 34\n\nFor the purposes of section 67U of the Act, a recovery order must be in accordance with Form 34.\n\n4 Service of application\n\nAn application for a recovery order must be served in accordance with Order 18, paragraph 9 (1) (a), 9 (2) (a), 10 (1) (a), or 10 (2) (a), (b) or (c), as the case requires.\n\n4A Service of recovery order\n\n(1) This rule applies to a recovery order that authorises or directs a person to take action of the kind described in paragraph 67Q (b), (c) or (d) of the Act.\n\n(2) If the person to whom the recovery order is addressed finds and recovers the child who is the subject of the recovery order, the person must serve a sealed copy of the recovery order on the person from whom the child is recovered at the time the child is recovered.\n\nDivision 2 Warrants\n\n6 Form of warrant — Form 51 or 53\n\n(1) A warrant that authorises a person to be arrested and brought before a court must be in accordance with Form 51.\n\n(3) A warrant that authorises a person to be committed to prison must be in accordance with Form 53.\n\n7 Execution of warrants\n\n(1) A warrant that is issued under the Act or these Rules may be executed by:\n\n(a) a member of the Australian Federal Police; or\n\n(b) a member of the police force of a State or Territory; or\n\n(c) the Marshal of a Family Court; or\n\n(d) any other person to whom it is directed.\n\n(2) For the purpose of executing a warrant:\n\n(a) the original warrant is not necessary; and\n\n(b) a copy of the sealed warrant is sufficient.\n\n8 How long does a warrant remain in force?\n\nUnless the court otherwise orders, a warrant (except a warrant issued under subsection 65Q (2) of the Act) ceases to be in force 12 months after it is issued.\n\n> Note Subsection 65Q (3) of the Act provides that a warrant issued under subsection 65Q (2) of the Act ceases to be in force 6 months after it is issued, unless a shorter period is specified in the warrant.\n\nDivision 3 Procedure after arrest\n\n9 Application of Division\n\nThis Division does not apply to a person who is arrested:\n\n(a) under a warrant issued under subsection 65Q (2) of the Act; or\n\n(b) without a warrant, under a recovery order.\n\n10 Person arrested may be held in custody\n\nIf a person is arrested under a warrant issued under the Act, the Regulations or these Rules, the court must direct that the person:\n\n(a) be held in custody until the hearing of the proceedings; or\n\n(b) be released from custody, either on his or her entering into a bond (with or without surety or security) that he or she will attend before the court at the hearing of the proceedings, or otherwise.\n\n11 Persons taken into custody\n\nIf, in proceedings:\n\n(a) a court issues a warrant that authorises a person to be taken into custody and brought before the court sitting at a particular place; and\n\n(b) the person is taken into custody and brought before:\n\n(i) the court sitting at another place; or\n\n(ii) another court;\n\nthe court before which the person is brought may direct that the person:\n\n(c) be held in custody until the person is brought before the court specified in the warrant; or\n\n(d) be released from custody, either on his or her entering into a bond (with or without surety or security) that he or she will attend before the court specified in the warrant, or otherwise.\n\n  \n\nOrder 35 Contraventions, offences and contempt\n\n> applied provisions:\n\n(a) in relation to an order not affecting children, has the meaning given by section 112AA of the Act; and\n\n(b) in relation to an order affecting children, has the meaning given by section 70NB of the Act.\n\n> contravene an order:\n\n(a) in relation to an order not affecting children, has the meaning given by section 112AB of the Act; and\n\n(b) in relation to an order affecting children, has the meaning given by section 70NC of the Act.\n\n> order affecting children has the meaning given to the term ‘order under this Act affecting children’ by section 70NB of the Act.\n\n> order not affecting children has the meaning given to the term ‘order under this Act’ by section 112AA of the Act.\n\n> third party recovery order means an order that authorises or directs a person or persons to take action of the kind described in paragraph 67Q (b), (c) or (d) of the Act.\n\n2 Application of order\n\nThis Order applies if it is alleged that a person:\n\n(a) has contravened an order affecting children; or\n\n(b) has without reasonable excuse (within the meaning of Part XIIIA of the Act) contravened an order not affecting children; or\n\n(c) has, intentionally and without reasonable excuse, prevented or hindered the taking of action under a third party recovery order; or\n\n(d) has, without reasonable excuse, failed to comply with:\n\n(i) a sentence imposed on the person under paragraph 70NJ (3) (a) or (b) or paragraph 112AD (2) (b) of the Act; or\n\n(ii) an order directed to the person under one of those paragraphs; or\n\n(iii) a requirement made, in relation to the sentence or order, by or under the applied provisions; or\n\n(e) has committed a contempt of:\n\n(i) the Family Court; or\n\n(ii) another court exercising jurisdiction under the Act.\n\n3 Who may make an application?\n\n(1) An application under this Order may be made by:\n\n(a) a person who is aggrieved by an action of the kind referred to in rule 2; or\n\n(b) the Marshal; or\n\n(c) a member of the Australian Federal Police; or\n\n(d) a member of a police force of a State or Territory; or\n\n(e) an officer of the Attorney-General’s Department.\n\n(2) The Family Court may direct the Marshal to make an application under this Order.\n\n4 Service\n\nAn application or order under this Order must be served in accordance with Order 18, paragraph 9 (1) (a), 9 (2) (a), 10 (1) (a), or 10 (2) (a), (b) or (c), as the case requires.\n\nDivision 2 Applications\n\n5 Contravention of orders not affecting children — Form 48\n\n(1) A person may apply to the court to impose a sanction under subsection 112AD (2) of the Act on another person who is alleged to have, without reasonable excuse, contravened an order not affecting children.\n\n(3) The application must:\n\n(a) be in accordance with Form 48; and\n\n6 Contravention of orders affecting children — Form 49\n\n(1) A person may apply to the court to impose a sanction under Division 13A of Part VII of the Act on another person who is alleged to have contravened an order affecting children.\n\n(a) be in accordance with Form 49; and\n\n7 Imposition of sanction for preventing or hindering action under a third party recovery order — Form 35\n\n(1) A person may apply to the court to impose a sanction under subsection 67X (3) of the Act on another person who is alleged to have prevented or hindered, intentionally and without reasonable excuse, the taking of action under a third party recovery order.\n\n(a) be in accordance with Form 35; and\n\n9 Contempt in the face of the court — Form 8\n\n(1) If:\n\n(a) it is alleged, or it appears to the court, that a person is guilty of contempt in the face of the court; and\n\n(b) the person is not, at that time, before the court;\n\nthe court may:\n\n(c) order the person to attend before the court; or\n\n(d) issue a warrant authorising the person to be arrested and brought before the court.\n\n(2) An application for an order, or the issue of a warrant, must:\n\n(a) be in accordance with Form 8; and\n\n10 Contempt other than in the face of the court — Form 47\n\n(1) If it is alleged that a person has committed a contempt of the court (except a contempt to which rule 9 applies), an application may be made to the court for the person to be dealt with for the contempt.\n\n(a) be in accordance with Form 47; and\n\nDivision 3 Hearing of applications\n\n11 Hearing date\n\n(1) The Registrar must:\n\n(a) fix a date for the hearing of an application that is, subject to subrule (2), as near as practicable to 14 days after the date on which the application is filed; and\n\n(2) In the case of an application for urgent relief:\n\n(a) the applicant may apply ex parte to the Registrar for the Registrar to fix an early date for the hearing of the application; and\n\n(b) the Registrar may fix, as the date for the hearing, the date that the Registrar considers appropriate.\n\n12 Arrest of respondent for failure to appear at hearing — Form 8\n\n(1) If the respondent to an application under this Order does not appear before the court on the date fixed for the hearing of the application, the applicant in the proceedings may request the court to issue a warrant authorising the person to whom it is addressed to:\n\n(a) arrest the respondent; and\n\n(b) bring the respondent before the court.\n\n(2) An application for the issue of a warrant:\n\n(a) may be made orally at the hearing; or\n\n(b) in any other case — must be in accordance with Form 8.\n\n13 Respondent may be held in custody\n\nSubject to Subdivision D of Division 6 of Part VII of the Act, the court may order that the respondent:\n\n(a) be kept in custody until the hearing of the proceedings; or\n\n(b) be released from custody, either on his or her entering into a bond (with or without surety or security) that he or she will attend before the court at the hearing of the proceedings, or otherwise.\n\n14 Procedure at hearing\n\nAt the hearing of an application, the court must:\n\n(a) tell the respondent the allegation made against him or her; and\n\n(b) ask the respondent to state whether he or she admits or denies the allegation; and\n\n(c) hear any evidence in support of the allegation; and\n\n(d) ask the respondent to state his or her defence to the allegation; and\n\n(e) hear any evidence that the respondent adduces; and\n\n(f) determine the issues raised in the application and any response; and\n\n(h) make any orders that are appropriate in the circumstances.\n\n16 Duties of provider of program\n\n(1) The provider of a program before whom a person attends for initial assessment under an order made under subparagraph 70NG (1) (a) (i) of the Act must notify the court in writing if the person is unsuitable to attend a program.\n\n(2) If a person is ordered to attend a program, or part of a program, under subparagraph 70NG (1) (a) (ii) of the Act, the provider of the program must notify the court in writing, as soon as practicable, if:\n\n(a) the person fails to attend the program or part of the program; or\n\n(b) the provider considers that the person is unsuitable to take any further part in the program or part of the program.\n\n17 Relisting for directions\n\nThe court may, on application of a party or on its own motion, relist the matter for further directions under section 70NIA of the Act on receiving notification under subrule 16 (2).\n\nDivision 4 Information laid before a magistrate\n\n18 Information laid before a magistrate — Form 49A\n\n(1) In this rule, information means an information that:\n\n(a) alleges that a person has, without reasonable excuse failed to comply with:\n\n(i) a sentence imposed on the person under paragraph 70NJ (3) (a) or (b) or paragraph 112AD (2) (b) of the Act; or\n\n(ii) an order directed to the person under one of those paragraphs; or\n\n(iii) a requirement made, in relation to the sentence or order, by or under the applied provisions; and\n\n(b) is to be laid before a magistrate under subsection 70NN (2) or 112AH (2) of the Act.\n\n(2) An information may be laid before a magistrate only by the Marshal.\n\n(3) The Family Court may direct the Marshal to lay an information before a magistrate.\n\n(4) An information must be in accordance with Form 49A.\n\n(5) If:\n\n(a) an information is laid before a magistrate; and\n\n(b) the magistrate issues a summons under paragraph 70NN (2) (a) or 112AH (2) (a) of the Act;\n\na copy of the sealed information and summons must be served, in accordance with Order 18, paragraph 9 (1) (a), 9 (2) (a), 10 (1) (a) or 10 (2) (a), (b) or (c), on the person to whom the summons is directed.\n\n(6) If:\n\n(a) an information is laid before a magistrate; and\n\n(b) the magistrate issues a warrant under paragraph 70NN (2) (b) or 112AH (2) (b) of the Act for the arrest of the person named in the information;\n\nthe person executing the warrant must give a copy of the sealed information to the person arrested at the time the arrest is made.\n\n  \n\nOrder 36 Powers of Registrars\n\n1 Exercise of powers and functions of Registrar\n\n(1) Where a power or function is expressed by these Rules to be conferred upon a Registrar, that power or function may also be exercised by the holders of the following offices:\n\n(a) in the Family Court of Australia — by a Judge or a Judicial Registrar;\n\n(b) in a Family Court, or in the Supreme Court, of a State or Territory — by a Judge;\n\n(c) in a court of summary jurisdiction — by a Magistrate.\n\n(2) Where a Registrar is required or able to do an act not involving the exercise of a power of the court, it is sufficient if the act is done on behalf of the Registrar by another officer of the court or by a clerk in the office of the Registrar or of such officer.\n\nDivision 2 Certain powers of Registrars of the Family Court of Australia\n\n2 Interpretation\n\nIn this Division, Registrar means the Principal Registrar, a Registrar or a Deputy Registrar of the Family Court of Australia.\n\n5 Power to summon witnesses\n\nWhere under the Act, the Regulations or these Rules, a Registrar has power to hear and determine a matter the Registrar has, for that purpose, the powers of the Court to summon and examine witnesses under oath.\n\n6 Protection and immunity\n\n(1) In the exercise of a power of the court or in the conduct of a conference or enquiry under these Rules, a Registrar or officer of the court, has the same protection and immunity as a Judge or Magistrate.\n\n(2) A party, lawyer or witness appearing before a Registrar or officer of the court on the hearing of any application or matter, or on the conducting of any conference or enquiry, has the same protection and immunity as the party, lawyer or witness would have if appearing in proceedings in a court.\n\n(3) This rule applies mutatis mutandis to Division 1 of this Order.\n\n  \n\nOrder 36A Delegation of powers to Registrars and Judicial Registrars\n\n> gross value, in relation to property, means the value of the property disregarding any mortgage, lien, charge or other security over the property.\n\n> order, in relation to an exercise of power by a Judicial Registrar or a Registrar, includes a decree.\n\n> Registrar means the Principal Registrar, a Registrar or a Deputy Registrar of the Family Court of Australia.\n\n> the Court means the Family Court of Australia.\n\n2 Delegation of powers to Registrars\n\n(1) This rule applies only to a Registrar who is enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory.\n\n(1A) The following powers of the Court are delegated to each Registrar:\n\n(a) the power to dispense with the service of any process;\n\n(b) the power to make orders in relation to service and substituted service;\n\n(c) the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings or of any other person;\n\n(d) the power to set aside, in whole or in part, a subpoena;\n\n(e) the power to direct a party to proceedings to answer particular questions;\n\n(f) the power to direct a party to proceedings to attend a conference conducted by a family and child counsellor or a welfare officer;\n\n(fa) the powers under subsections 19D (1) and (3) of the Act in relation to referral of proceedings, part of proceedings or any matter arising under the proceedings for arbitration;\n\n(fb) the power under subsection 19E (1) of the Act to make an order to facilitate a private arbitration.\n\n(g) the power to make an order (including an order for garnishment, seizure of property or sequestration) for the enforcement of a maintenance order;\n\n(h) the power to make an order for subsection 44 (1C) of the Act;\n\n(ha) the power to order the attendance of a party or child for the purpose of the preparation of a report under section 62G of the Act;\n\n(hb) the power to make an order under subsection 65LA (1) of the Act;\n\n(i) the power to make an order under section 68L of the Act;\n\n(j) the power, under subsection 79 (9) of the Act, to dispense with the appointment of a conference;\n\n(k) the power under section 106A of the Act;\n\n(l) the power, under section 92 of the Act, to grant leave to intervene in proceedings;\n\n(m) the power to make an order the terms of which have been agreed upon by all the parties to proceedings;\n\n(n) the power to make an order adjourning the hearing of proceedings;\n\n(o) the power to grant an injunction under subsection 114 (3) of the Act in relation to enforcement proceedings instituted under Order 33;\n\n(p) the power to make an order transferring proceedings, including the transfer of proceedings, in whole or in part, to the Federal Magistrates Court;\n\n(q) the power to make an order in relation to the removal of proceedings;\n\n(r) the power to make an order exempting a party to proceedings from compliance with a provision of the regulations or these rules;\n\n(s) the power, under subsection 105 (2) of the Child Support (Registration and Collection) Act 1988, to give directions, and make orders, for the resolution of any difficulty arising in relation to the application of subsection 105 (1) of that Act or in relation to a particular proceeding.\n\n(1AB) In addition to the powers mentioned in subrule (1A), the following powers of the Court are delegated to each Registrar:\n\n(a) the power to make a decree of dissolution of marriage in undefended proceedings;\n\n(b) the power, under subsection 55 (2), or section 55A, of the Act, to make an order, or a declaration, in relation to a decree of dissolution of marriage;\n\n(c) the power to make, in undefended proceedings, a parenting order, including an order to which section 65G or 66F of the Act applies;\n\n(d) the power to make an order in relation to maintenance;\n\n(e) the power to make an order under subsection 67D (1) of the Act;\n\n(f) the power to make an order under sections 67E and 67G of the Act;\n\n(g) the power, under section 87 of the Act, to make an order approving a maintenance agreement;\n\n(h) the power, under section 117 of the Act, to make an order as to costs;\n\n(i) the power, under section 139 of the Child Support (Assessment) Act 1989, to make an order for the payment of urgent maintenance.\n\n(1AC) In addition to the powers mentioned in subrules (1A) and (1AB), the following powers of the Court are delegated to each Registrar:\n\n(a) the power to make a location order under subsection 67M (2) of the Act;\n\n(b) the power to make a Commonwealth information order under subsection 67N (2) of the Act;\n\n(c) the power, under subsection 68M (2) of the Act, to order a person to make a child available for a psychiatric or psychological examination;\n\n(d) the power, under section 69V, subsection 69W (1), section 69X, or subsection 69ZC (2), of the Act, to make an order in relation to the parentage of a child;\n\n(da) the power to issue a declaration of parentage under section 69VA of the Act;\n\n(e) the power, under section 102A of the Act, to grant leave for a child to be examined;\n\n(f) the power, under subsection 63H (1) of the Act, to set aside registered parenting plans until further order;\n\n(g) the power, under section 65D of the Act, to make a parenting order until further order;\n\n(h) the power, under section 67ZD of the Act, to make an order to deliver up a passport to a Registrar until further order;\n\n(j) the power:\n\n(i) under subsection 68B (1) of the Act, to make an order, or grant an injunction, until further order; and\n\n(ii) under subsection 68B (2) of the Act, to grant an injunction until further order;\n\n(k) the power under subsection 100B (1) of the Act to make an order allowing a child to swear an affidavit;\n\n(l) the power under subsection 100B (2) of the Act to make an order allowing a child to be called as a witness or be present during proceedings.\n\n(1AD) The powers mentioned in subrule (1AC) may be exercised by a Registrar only:\n\n(a) if the Registrar is approved, or is in a class of Registrars approved, by a majority of Judges for the exercise of those powers; and\n\n(b) in accordance with an arrangement under subsection 37B (2) of the Act.\n\n(2) The powers of the court under the following Orders and rules of these Rules are delegated to each Registrar:\n\n(a) Order 2;\n\n(aa) Order 3;\n\n(b) Order 4;\n\n(c) Order 7;\n\n(d) Order 8;\n\n(da) Order 8A, rule 5;\n\n(e) Order 9;\n\n(ea) Order 11;\n\n(f) Order 13;\n\n(g) Order 14;\n\n(h) Order 15;\n\n(i) Order 16;\n\n(j) Order 17;\n\n(ja) Order 18;\n\n(k) Order 19;\n\n(l) Order 20;\n\n(m) Order 22;\n\n(n) Order 23 (except rule 4);\n\n(o) Order 24;\n\n(p) Order 24A;\n\n(r) Order 25;\n\n(ra) Order 25A;\n\n(rb) Order 26A;\n\n(s) Order 27;\n\n(t) Order 28;\n\n(u) Order 30;\n\n(v) Order 30A;\n\n(va) Order 31;\n\n(w) Order 33;\n\n(x) Order 34, rule 11 (in respect of a person taken into custody under a warrant issued by a Registrar);\n\n(z) Order 40 (except rule 6).\n\n3 Delegation of powers to Judicial Registrars\n\nThe following powers of the Court are delegated to each Judicial Registrar:\n\n(a) the powers of the Court delegated to each Registrar under these Rules;\n\n(b) the powers of the Court delegated to each Registrar under the Regulations;\n\n(c) the power to make an interim order for property settlement;\n\n(d) the power to make an order in any undefended proceedings;\n\n(da) the power to make an order in defended proceedings for dissolution of a marriage;\n\n(db) the power to make an order in relation to an application for a decree of nullity of marriage;\n\n(dc) the power under section 19EA of the Act to determine a question of law referred by an arbitrator;\n\n(dd) the power under section 19F of the Act to review a registered award made in arbitration;\n\n(de) the power under subregulation 67Q (5) to determine whether to register an award made in an arbitration;\n\n(df) the power under section 34 of the Act to make orders and issue writs;\n\n(e) the power to grant leave under subsection 44 (3) of the Act in relation to the institution of proceedings;\n\n(eaa) the powers of the court under sections 57 and 58 of the Act;\n\n(f) the power to issue a warrant under subsection 65Q (2) of the Act;\n\n(fa) the power to make an order under subsection 65U (2), 65V (2) or 65W (1) of the Act;\n\n(g) the power to:\n\n(iii) make a recovery order under section 67U of the Act; or\n\n(iv) make an order under subsection 67X (3) or 67X (4) of the Act;\n\n(h) the power to make an order or grant an injunction under section 68B of the Act;\n\n(ha) the powers of the Court under section 70NF of the Act;\n\n(i) the power to make an order under section 70NG of the Act;\n\n(j) the power to make an order under section 70NIA of the Act;\n\n(ja) the power to make an order under section 70NJ of the Act;\n\n(jb) in relation to an order made by a Judicial Registrar under section 70NJ, the power to vary or discharge an order under section 70NL;\n\n(jc) the powers of the Court under section 70NN of the Act;\n\n(jd) the powers of the court under section 70NO of the Act;\n\n(k) the power to make an order under section 68C or 114AA of the Act;\n\n(l) the power to make a declaration and orders under section 78 of the Act, or an order under section 79 of the Act:\n\n(i) in a case where, in relation to the exercise of the power, the parties consent to the hearing and determination of the matter by a Judicial Registrar — irrespective of the gross value of the property; or\n\n(ii) in any other case in relation to the exercise of the power — in respect of property having a gross value not exceeding $700,000;\n\n(m) the power under subsection 79A (1) of the Act to vary or set aside an order, being an order that could have been made under paragraph (l), and to make another order as referred to in that subsection under section 79 of the Act;\n\n(n) the power under section 105 of the Act to enforce decrees;\n\n(o) the power to make an order under section 106B of the Act;\n\n(p) the power to set aside a maintenance agreement under subsection 86 (3) of the Act;\n\n(q) the power to make an order revoking the approval of a maintenance agreement under subsection 87 (8) of the Act:\n\n(i) in a case where, in relation to the exercise of  \nthe power, the parties consent to the hearing  \nand determination of the matter by a Judicial Registrar — irrespective of the gross value of the property; or\n\n(ii) in any other case in relation to the exercise of the power — in respect of property having a gross value not exceeding $700,000;\n\n(r) the power to make an order under subsection 87 (11) of the Act;\n\n(raa) the power to make an order under subsection 90J (3) or subsection 90K (1) of the Act in relation to a financial agreement or termination agreement:\n\n(i) in a case where, in relation to the exercise of the power, the parties consent to the hearing and determination of the matter by a Judicial Registrar — irrespective of the gross value of the property; or\n\n(ii) in any other case in relation to the exercise of the power — in respect of property having a gross value not exceeding $700 000;\n\n(raaa) the powers of the Court under section 90KA of the Act;\n\n(ra) the power to make an order under section 112AD of the Act;\n\n(rb) in relation to an order made by a Judicial Registrar, the power, under section 112AK of the Act, to vary or discharge an order under section 112AD of the Act;\n\n(rbb) the powers of the court under section 112AH of the Act;\n\n(rc) the power to make a declaration under section 113 of the Act;\n\n(rca) the power:\n\n(i) to make an order, or grant an injunction, under subsection 114 (1) of the Act; or\n\n(ii) to grant an injunction under subsection 114 (3) of the Act;\n\n(rd) the power to make a direction to publish a notice or report under paragraph 121 (9) (d) of the Act;\n\n(s) the power to make an order under subsection 92 (1) of the Marriage Act 1961;\n\n(u) the powers of the Court under regulations 4, 5 and 6, subregulations 28A (6), 28D (5) and 28E (2), regulations 29 and 29B, subregulations 31 (1), 32 (1) and 34 (1), regulation 38B, subregulations 36 (2), 39 (4) and 50 (4), regulation 51 and subregulation 53 (4);\n\n(v) the powers of the Court under regulations 15, 16 and 17 and subregulation 25 (4) of the Family Law (Child Abduction Convention) Regulations;\n\n(va) the powers of the court under Order 21;\n\n(w) the power under subrule 5 (2) of Order 25 of these Rules in relation to a report;\n\n(x) the powers of the court under Order 31A to make an interim or procedural order excluding the court’s powers under Order 31A, subrule 6 (3);\n\n(y) the power under Order 38, subrule 27 (2) to make an order in relation to a costs agreement made under Order 38, rule 26;\n\n(ya) the powers of a judge to deal with contempt in the face of the court;\n\n(yb) the power to hear an application for a person to be charged with contempt of court under section 112AP of the Act;\n\n(z) the power to make an order on any application or appeal under or in relation to the Child Support (Registration and Collection) Act 1988 or the Child Support (Assessment) Act 1989 other than an appeal from a court of summary jurisdiction, State Family Court or the Supreme Court of the Northern Territory;\n\n(za) the power under section 60G of the Act to grant leave for proceedings to be commenced for the adoption of a child by a prescribed adopting parent;\n\n(zb) Order 34, rules 10 and 11 and Order 35, rules 12 and 13.\n\n3A Property value exceeding limit — power to determine proceedings\n\n(1) If in proceedings:\n\n(a) a Judicial Registrar proposes to exercise a power of the Court referred to in paragraph (3) (l) or (q); and\n\n(b) it becomes apparent:\n\n(i) that the gross value of the property to be dealt with in the proceedings exceeds $700,000; and\n\n(ii) that it is not possible to make any relevant declaration or orders (or both) by consent;\n\nthe Judicial Registrar may continue to hear and may determine the proceedings and may make a declaration or orders (or both) accordingly.\n\n(2) For subparagraph (1) (b) (i), the gross value of the property includes the value of any superannuation interest.\n\n4 Protection and immunity of Judicial Registrar\n\nIn the exercise of a power of the Court or in the conduct of a conference or inquiry under these Rules, a Judicial Registrar has the same protection and immunity as a Judge or Magistrate.\n\n5 Prescribed times for review\n\n(1) For subsection 26C (1) of the Act, the time prescribed for an application to the Court to review the exercise of a power by a Judicial Registrar is:\n\n(a) for a power delegated to each Registrar under these rules (other than subrule 2 (1AB) or (1AC) of this Order) — 7 days after the day on which the Judicial Registrar exercises the power; or\n\n(b) for a power delegated to each Registrar under subrule 2 (1AB) or (1AC) of this Order — 1 month after the day on which the Judicial Registrar exercises the power; or\n\n(c) for a power mentioned in rule 3 of this Order (other than a power mentioned in paragraph 3 (a) of this Order) — 1 month after the day on which the Judicial Registrar exercises the power.\n\n(2) For subsection 37A (9) of the Act, the time prescribed for an application to the Court to review the exercise by a Registrar of a power is:\n\n(a) for a power mentioned in subrule 2 (1A) or (2) of this Order — 7 days after the day on which the Registrar exercises the power; or\n\n(b) for a power mentioned in subrule 2 (1AB) or (1AC) of this Order — 1 month after the day on which the Registrar exercises the power.\n\n6 Extensions of time\n\n(1) A time prescribed by rule 5 of this Order in relation to a Judicial Registrar may be extended in any proceedings:\n\n(a) by the Court or a Judicial Registrar on such terms as the Court or Judicial Registrar thinks fit; or\n\n(b) by the consent of all the parties to those proceedings;\n\nwhether or not that time has expired.\n\n(2) The time prescribed by rule 5 of this Order in relation to a Registrar may be extended in any proceedings:\n\n(a) by the Court or a Registrar upon such terms as the Court or Registrar thinks fit; or\n\n(b) by the consent of all the parties to those proceedings;\n\nwhether or not that time has expired.\n\n(3) Where a time prescribed by rule 5 of this Order is extended by the consent of all the parties to the relevant proceedings, the consent may be endorsed on the cover sheet of the application filed in those proceedings.\n\n7 Procedure on application for review\n\n(1) An application for a review of an exercise of power by a Judicial Registrar or a Registrar shall be in accordance with Form 44.\n\n(1A) An application must be listed before a Judge for a hearing as soon as possible and, if practicable, within 60 days after the date of filing.\n\n(2) Not later than 7 days after the filing of an application, the applicant shall provide to each other party to the relevant proceedings, in accordance with Order 18, a sealed copy of the application.\n\n(3) Subject to this rule, an application for a review of an exercise of power by a Judicial Registrar or a Registrar shall not operate as a stay of the order under review.\n\n(3A) Where an application for review has been instituted:\n\n(a) the Judicial Registrar or the Registrar whose exercise of power is the subject of the application; or\n\n(b) if the power was exercised by a Registrar and that Registrar is not reasonably available — another Registrar, a Judicial Registrar or a Judge; or\n\n(c) if the power was exercised by a Judicial Registrar and that Judicial Registrar is not reasonably available — another Judicial Registrar or a Judge;\n\nmay make an order, on such terms as the Registrar, Judicial Registrar or Judge, as the case may be, thinks fit, staying the exercise of power wholly or in part until the application for review has been decided.\n\n(4) A court reviewing an exercise of power by a Judicial Registrar or a Registrar:\n\n(a) shall proceed by way of a hearing de novo; and\n\n(b) may receive as evidence any affidavit or exhibit tendered before the Judicial Registrar or Registrar; and\n\n(c) may by leave receive further evidence; and\n\n(d) may receive as evidence:\n\n(i) the transcript (if any) of the proceedings before the Judicial Registrar or Registrar; or\n\n(ii) if a transcript is not available, an affidavit sworn by a person who was present at the hearing before the Judicial Registrar or Registrar as a record of that hearing.\n\n(5) A review of an exercise of power referred to in subrule (3) shall be taken, for the purposes of section 55 of the Act, to be an appeal within the meaning of that section.\n\n(6) In this rule, a reference to an exercise of power by a Registrar includes a reference to a decision made in relation to an appeal by the appeal registrar within the meaning of Order 32.\n\n  \n\nOrder 37 Representation by lawyers\n\n1 Change of lawyer\n\n(1) A party to proceedings who is represented by a lawyer may employ another lawyer without an order for that purpose.\n\n(2) Where a party to proceedings changes lawyers, the new solicitor shall thereupon file in the filing registry a notice of address for service in accordance with Form 18, and shall serve a copy of the notice on each other party to the proceedings who has an address for service, and on the former lawyer.\n\n(3) Where a party to proceedings who has not been legally represented instructs a lawyer to represent the party in the proceedings, that lawyer shall thereupon file in the filing registry a notice of address for service in accordance with Form 18, and shall on the day on which that notice was filed, or as soon as practicable thereafter, serve a copy of the notice on each other party to the proceedings who has an address for service.\n\n(4) Where a party who has been legally represented in proceedings decides to continue the proceedings without being represented, the party shall thereupon file a notice of address for service in accordance with Form 18, and shall, on the day on which that notice is filed or as soon as practicable thereafter serve a copy of the notice on each other party to the proceedings who has an address for service.\n\n(5) Where:\n\n(a) the address for service of a party is the address of a lawyer who has represented, but is no longer representing, the party in the proceedings;\n\n(b) the lawyer has served on the party a notice in accordance with Form 54 signed by the lawyer personally, and the period of not less than 7 days has elapsed after service of that notice; and\n\n(c) the party has not, since the lawyer ceased, or last ceased, to represent the party filed a notice under subrule (2) or (4) of this rule;\n\nthe lawyer shall file a notice, in accordance with Form 55, of the lawyer having ceased to represent the party.\n\n(6) Where a lawyer who has represented a party files a notice in accordance with Form 55, the lawyer shall, on the day on which that notice is filed, or as soon as practicable thereafter, serve a copy of the notice on each other party who has an address for service.\n\n(7) Where a lawyer who has represented a party has filed a notice under subrule (5), the party may give notice, in accordance with these Rules, that the party is represented by another lawyer or intends to act in person and, in default of doing so, in a case where the address for service of the party was the address of the first‑mentioned lawyer or that lawyer’s agent, that person shall be deemed not to have an address for service for the purposes of the proceedings.\n\n2 Lawyer not to represent parties with adverse interests\n\nA lawyer shall not in any proceedings represent or act for any 2 or more parties having adverse interests in the proceedings.\n\n  \n\nOrder 38 Costs\n\n> bill means a bill of costs in accordance with rule 40.\n\n> costs includes fees and disbursements.\n\n> costs agreement means an agreement under subrule 26 (1).\n\n> costs order means an order under subsection 117 (2) of the Act.\n\n> lawyer and client, in relation to costs, has the same meaning as solicitor and client.\n\n> legal aid body means a relevant authority within the meaning of section 116C of the Act.\n\n> taxed costs means costs taxed in accordance with this Order.\n\n> work done for a proceeding includes work done in relation to a proceeding.\n\n(1) This Order applies to costs for work done for a proceeding:\n\n(a) ordered to be paid or taxed; or\n\n(b) payable, or to be taxed, as between lawyer and client; or\n\n(c) payable by one person to another person.\n\n(2) This Order applies even if an account for costs has been paid.\n\n3 Interest on outstanding costs\n\n(1) Unless the court otherwise orders, or a costs agreement otherwise provides, interest is payable on outstanding costs at the rate specified in Order 40, rule 1.\n\n(2) Interest on outstanding costs becomes due and payable on and from the date when the lawyer, or the party, entitled to be paid the costs is entitled under these Rules to commence a proceeding to recover the costs.\n\nDivision 2 Notification of costs\n\n4 Notification to party at certain stages in proceeding\n\nIn a defended proceeding, the lawyer for each party to the proceeding must give to the party:\n\n(a) immediately before the directions hearing or case assessment conference — a written memorandum stating:\n\n(i) the actual costs (both paid and owing) of the party up to and including the directions hearing or case assessment conference; and\n\n(ii) the estimated future costs of the party up to and including the conciliation conference; and\n\n(iii) the estimated future costs of the party up to and including the pre-trial conference; and\n\n(iv) the estimated future costs of the party up to the conclusion of the final hearing; and\n\n(b) immediately before the first conciliation conference — a written memorandum stating:\n\n(i) the actual costs (both paid and owing) of the party up to and including the conciliation conference; and\n\n(ii) the estimated costs mentioned in subparagraphs (a) (iii) and (iv); and\n\n(c) immediately before the pre-trial conference —a written memorandum stating:\n\n(i) the actual costs (both paid and owing) of the party up to and including the pre-trial conference; and\n\n(ii) the estimated costs mentioned in subparagraph (a) (iv).\n\n5 Notification to party before final hearing\n\nImmediately before the commencement of the final hearing in a proceeding (except a proceeding for an interim or procedural order), the lawyer for each party to the proceeding must give to the party a written memorandum stating:\n\n(a) the actual costs (both paid and owing) of the party up to and including the first day of the hearing (including any costs paid or payable to an expert); and\n\n(b) the costs payable for each day of the hearing; and\n\n(c) the estimated length of the hearing.\n\n6 Notification to court and other party of costs\n\n(1) At the directions hearing or case assessment conference, first conciliation conference, pre-trial conference and final hearing in a defended proceeding, the lawyer for a party must give the court or Registrar, and each other party to the proceeding, a copy of the memorandum of costs given to the party under this Division.\n\n(2) At the directions hearing or case assessment conference, first conciliation conference, pre-trial conference and final hearing in a proceeding, an unrepresented party or separate representative must give the court or Registrar, and each other party to the proceeding, a statement of the actual costs incurred by the party or separate representative up to and including that stage of the proceeding and of the estimated future costs up to the conclusion of the final hearing.\n\n(3) The memorandum or statement of costs referred to in subrule (1) or (2) must be accompanied by a statement of the source of the funds for the costs paid or to be paid, unless, where the source is a third party, the court or Registrar directs that the source not be disclosed to the other party to the proceeding.\n\n(4) The court or Registrar must return the copy of the memorandum or statement of costs to the lawyer, the unrepresented party or the separate representative, after the directions hearing or case assessment conference, conciliation conference, pre-trial conference or final hearing.\n\nDivision 3 Lawyer’s fees and disbursements\n\n7 Division subject to costs agreement\n\nSubject to rule 10, 15 and 21, this Division does not apply to a charge, as between lawyer and client, that a lawyer may make for work done for a proceeding if:\n\n(a) the lawyer has entered into a costs agreement with the client; and\n\n(b) the costs agreement has not been set aside.\n\n8 Proper costs\n\n(1) Unless the court otherwise orders, a lawyer may charge for work done for a proceeding:\n\n(a) fees for performing the work of a solicitor that are not more than the amount calculated using the scale of fees in Part 1 of Schedule 2; and\n\n(b) disbursements (including the fees of a lawyer engaged as counsel) properly incurred for the proceeding.\n\n(2) Unless the court otherwise orders, a lawyer performing the work of a solicitor for a proceeding heard by a court of summary jurisdiction must not charge for the work a fee that is more than 80% of the amount that may be charged for the work in accordance with the scale of fees in Part 1 of Schedule 2.\n\n9 Additional charge for skill etc\n\nIn addition to the fees that may be charged under rule 8 for work done for a proceeding, a lawyer performing the work of a solicitor may charge a fee calculated on the basis of:\n\n(a) the complexity of the proceeding; or\n\n(b) the difficulty or novelty of the matters raised in the proceeding; or\n\n(c) the special skill, knowledge or responsibility required of, or the demands placed on, the lawyer by the client or the proceeding; or\n\n(d) the amount or value of the property or financial resource involved in the proceeding; or\n\n(e) the importance of the proceeding to the client; or\n\n(f) any other relevant matter.\n\n10 Work not reasonably required for proceeding\n\n(1) A lawyer must not charge costs for:\n\n(a) a kind, or amount, of work not reasonably required to be done for a proceeding; or\n\n(b) work done for the administration of the lawyer’s office; or\n\n(c) preparing documents not reasonably required for the conduct of the proceeding.\n\n(2) However, a lawyer may charge for work, or recover the cost of a disbursement, if:\n\n(a) a client instructs the lawyer to:\n\n(i) do work for a proceeding; or\n\n(ii) incur a disbursement of a particular kind or amount; and\n\n(b) the lawyer advises the client that:\n\n(i) the work is not reasonably required to be done; or\n\n(ii) the disbursement is not reasonably required to be incurred; and\n\n(c) in accordance with the client’s instruction, the lawyer does the work, or incurs the disbursement.\n\n11 Charge for each page\n\n(1) A lawyer must not charge an amount for a page of a court document prepared for a proceeding unless the page complies with the requirements for documents specified in Order 2, rule 2.\n\n(2) In addition, the lawyer may only charge the amount specified in column 3 of an item in Schedule 2 for a page of a court document, or other written material, if the page:\n\n(a) contains at least 300 words (excluding material that is part of a prescribed form and material that could have been omitted from a document prepared in accordance with a prescribed form); or\n\n(b) is the whole of a document that is required by these Rules to be set out on a single sheet of paper.\n\n(3) If a page is not of a kind described in paragraph (2) (a) or (b), the lawyer may charge an amount calculated on the folio basis set out in column 3 of Schedule 2 for the page.\n\n12 Copying, postage within Australia and local telephone calls\n\n(1) The charge for producing a typed or mechanically printed document (including a letter) specified in column 3 of item 3 in Schedule 2 includes an allowance for:\n\n(a) preparing one file copy of the document; and\n\n(b) postage of the document within Australia.\n\n(2) An amount paid for:\n\n(a) a local telephone call; or\n\n(b) postage within Australia;\n\nis not a disbursement properly incurred for a proceeding.\n\n13 Lawyer and client costs — lawyer acting as counsel\n\n(1) This rule applies to costs as between lawyer and client.\n\n(2) Fees (including for time spent by a lawyer performing the work of a solicitor in accordance with rule 17) paid, or to be paid, to a lawyer acting for a party to a proceeding performing the work of both counsel and solicitor are properly incurred if:\n\n(ii) in any other case — it was reasonable to brief a lawyer to appear as counsel in the proceeding; and\n\n(b) the fees are reasonable, and do not exceed the amount otherwise payable under these Rules for a lawyer performing the work of counsel in the proceeding.\n\n14 Preparation of appeal papers\n\nIn calculating an amount payable under item 7 in Schedule 2 (preparation of appeal papers in a lawyer’s office), the lawyer must not charge at a rate that exceeds commercial rates for copying and binding.\n\n15 Costs for proceeding not instituted together\n\n(1) If:\n\n(a) a lawyer commences a proceeding on behalf of a client; and\n\n(b) the proceeding could reasonably have been commenced:\n\n(i) at the same time as another proceeding between the same parties; and\n\n(ii) in the same court as the other proceeding; and\n\n(c) the proceeding was not commenced at that time in that court;\n\nthe lawyer may charge for work done for all the proceedings only the amount that the lawyer could have charged if the lawyer had commenced all the proceedings at the same time in the same court.\n\n(2) Subrule (1) does not apply if:\n\n(a) the lawyer advised the client of the likely costs of:\n\n(i) commencing the proceeding at the same time and in the same court as the other proceeding; and\n\n(ii) conducting the proceeding separately; and\n\n(b) the lawyer commenced the proceeding separately in accordance with instructions from the client.\n\n16 Work done by employees etc\n\nIn calculating the fee that a lawyer may charge for work done for a proceeding, work done is taken to have been done by the lawyer if the work was done by:\n\n(a) a partner of the lawyer; or\n\n(b) another lawyer employed by the lawyer.\n\n17 Waiting and travelling time\n\n(1) A lawyer may charge an amount for time reasonably spent attending court to perform the work of a solicitor for the hearing of a proceeding if the lawyer:\n\n(a) was at court waiting for a hearing, a conciliation conference or a pre-trial conference:\n\n(i) to commence after the due time for commencement of the hearing; or\n\n(ii) to resume after the due time for resumption of the hearing; or\n\n(b) was travelling to or from court.\n\n(2) However, the lawyer must not charge an amount for time spent travelling to or from court that exceeds 2 hours per day, unless the circumstances, or the client’s instructions, justify charging for the additional time.\n\n(3) A lawyer who attends court to perform the work of a solicitor for the hearing of 2 or more proceedings may charge, for each proceeding, an amount that is reasonable, having regard to the time spent at each hearing:\n\n(a) travelling to or from court; or\n\n(b) waiting for each hearing to commence or resume.\n\n(4) However, the total amount charged under this rule for all proceedings must not exceed the amount that may be charged under Part 1 of Schedule 2 for one proceeding.\n\n18 Agent’s fees\n\nFees paid to a lawyer acting as the agent of a lawyer for a party to a proceeding, in performing the work of a solicitor, are disbursements properly incurred for the proceeding only so far as the fees:\n\n(a) do not exceed the amount that the lawyer for the party would have been entitled to charge the client if the lawyer had done the work personally; or\n\n(b) are incurred in accordance with the client’s instructions to the lawyer for the party, or the lawyer’s agent, acknowledging the likely additional cost (if any) of the matter being undertaken by the lawyer’s agent.\n\n19 Expenses for attendance by witness\n\nAn amount paid, or to be paid, by a lawyer for attendance by a witness at a hearing of a proceeding is a disbursement properly incurred for the proceeding if:\n\n(a) the attendance was reasonably required for the proceeding; and\n\n(b) the amount:\n\n(i) is reasonable; or\n\n(ii) is authorised by the client; or\n\n(iii) is authorised, or approved, by the court.\n\n20 Expenses for preparation of report by expert\n\nAn amount paid by a lawyer to an expert for the preparation of a report for a party, or a child’s representative, is a disbursement properly incurred for a proceeding if:\n\n(a) the report was reasonably required for the conduct of the proceeding; and\n\n(b) the amount:\n\n(i) is reasonable; or\n\n(ii) is authorised by the client; or\n\n(iii) is authorised, or approved, by the court.\n\n21 Costs improperly or negligently incurred\n\nA lawyer must not charge, for work done for a proceeding, an amount for costs if the costs were improperly or negligently incurred by the lawyer.\n\n22 Undefended proceeding for dissolution of marriage — basic composite amount\n\nThe lawyer for an applicant in an undefended proceeding for a decree of dissolution of marriage may charge for costs the appropriate amount set out in Part 3 of Schedule 2.\n\nDivision 4 Fees for counsel’s work\n\n23 Party and party costs — fees for lawyer briefed as counsel\n\n(1) This rule does not apply to costs as between lawyer and client.\n\n(2) Fees paid, or to be paid, to a lawyer performing the work of counsel for a person in a proceeding are properly incurred if:\n\n(ii) in any other case — it was reasonable to brief a lawyer to appear as counsel in the proceeding; and\n\n(b) the fees do not exceed the amount otherwise payable under these Rules for work of counsel.\n\n(3) A reading fee for a lawyer performing the work of counsel is not properly incurred unless:\n\n(a) the matter is unusually complex; or\n\n(b) the amount of material involved is particularly large; or\n\n(c) the fee is in accordance with a costs agreement.\n\n(4) The amount payable to a lawyer performing the work of counsel must not exceed an amount calculated, as the case requires, in accordance with:\n\n(a) Part 2 of Schedule 2; or\n\n(b) any relevant provision of this Order.\n\n(5) However, for a proceeding before a court of summary jurisdiction, the amount payable to a lawyer performing the work of counsel may include fees for the matters referred to in item 13 or item 14 of Part 2 of Schedule 2 only.\n\n(6) If a daily fee in respect of the appearance of a lawyer is payable in accordance with Part 2 of Schedule 2, no additional amount is payable for work done for the proceeding by the lawyer on any day in respect of which the daily fee applies.\n\n24 Lawyer and client costs — fees for lawyer briefed as counsel\n\n(1) This rule applies to costs as between lawyer and client and is subject to any costs agreement relating to the costs.\n\n(2) Fees paid, or to be paid, to a lawyer performing the work of counsel for a party to a proceeding are properly incurred if:\n\n(ii) in any other case:\n\n(A) it was reasonable to brief a lawyer to appear as counsel in the proceeding; or\n\n(B) the client requested that a lawyer be briefed to appear as counsel in the proceeding; and\n\n(b) the fees:\n\n(i) are reasonable and do not exceed the amount otherwise payable under these Rules for counsel to appear in the proceeding; or\n\n(ii) were authorised by the client before the appearance by the lawyer.\n\n(3) However, a reading fee for a lawyer performing the work of counsel is not properly incurred, unless:\n\n(a) the matter is unusually complex; or\n\n(b) the amount of material involved is particularly large.\n\n25 Certificate that reasonable to brief lawyer as counsel\n\nThe court, Judicial Registrar, or Registrar, before whom a proceeding is heard may certify that it was reasonable to brief a lawyer to appear as counsel (including senior counsel) for a person in the proceeding.\n\nDivision 5 Lawyer and client agreements\n\n26 Agreements as to costs\n\n(1) A lawyer may enter into an agreement with a client of the lawyer relating to the costs to be charged by the lawyer for work done for a proceeding.\n\n(2) A costs agreement must be fair and reasonable.\n\n(3) A costs agreement must:\n\n(a) be in writing; and\n\n(b) be signed by both the lawyer and the client.\n\n(4) At the time of, or within a reasonable time after, entering into a costs agreement, a lawyer must:\n\n(a) provide each other party to the costs agreement with a copy of a pamphlet, prepared by the Principal Registrar, that summarises the main effects of this Order; and\n\n(b) advise each other party to the costs agreement of the availability of independent legal advice concerning the costs agreement.\n\n(5) The court, or a Judicial Registrar, may set aside a costs agreement if subrule (2), (3) or (4) is not complied with.\n\n27 Validity and effect of costs agreements\n\n(1) A party to a costs agreement may apply to a Family Court for an order:\n\n(a) confirming, varying or setting aside the costs agreement; or\n\n(b) determining any question relating to the validity or effect of the costs agreement.\n\n(2) If an application is made under subrule (1), a Judge or a Judicial Registrar may make:\n\n(a) the order sought; or\n\n(b) any other order that the Judge or Judicial Registrar thinks fit.\n\n28 Costs to be in accordance with costs agreement\n\n(1) This rule is subject to any order made under rule 27.\n\n(2) A lawyer must not charge an amount for costs that exceeds the amount that may be charged under a costs agreement entered into by the lawyer.\n\n(3) However, if the costs agreement has been set aside, the lawyer may charge an amount for costs that is in accordance with this Order.\n\n","sortOrder":61},{"sectionNumber":"Div 6","sectionType":"division","heading":"Costs orders","content":"Division 6 Costs orders\n\n29 Application for costs order\n\nAn application for a costs order may be made:\n\n(a) at any stage of a proceeding; or\n\n(b) within 28 days after the date on which the relevant decree in the proceeding was made; or\n\n(c) within any further time allowed by the court.\n\n30 Assessment of costs\n\n(1) If the court proposes to make a costs order, the court may assess the amount of costs or security for costs to be paid under the order.\n\n(2) For its assessment, the court may obtain, from the person in whose favour the costs order is to be made, an estimate of the person’s costs in the proceeding.\n\n(3) The court may make any of the following costs orders:\n\n(a) an order that a specific amount be paid by one person to another person;\n\n(b) an order that the costs payable be taxed;\n\n(c) an order that the costs be paid by a person;\n\n(d) an order for security for costs.\n\n(4) In ordering a taxation of costs under paragraph (3) (b), the court may give to the taxing officer any directions that the court thinks fit.\n\n(5) If the court makes a costs order, the court may:\n\n(a) require the costs to be paid without delay, even if the proceeding is not concluded; and\n\n(b) specify in the order any other terms and conditions relating to the payment of the costs.\n\n31 Unquantified costs\n\n(1) A person is entitled to be paid taxed costs if:\n\n(a) the court orders unquantified costs to be paid to the person; or\n\n(b) the proceeding is dismissed with costs; or\n\n(c) an application is refused with costs; or\n\n(d) the person is otherwise entitled under these Rules to be paid unquantified costs.\n\n(2) The costs may be taxed without any other order directing taxation.\n\n32 Costs order for specific amount instead of taxed costs\n\nIf the court makes a costs order under which costs are to be paid to a person, the court may also order that, in respect of the whole or any part of the costs specified in the order, the person is entitled, instead of taxed costs, to:\n\n(a) a proportion of the amount specified in the order of taxed costs; or\n\n(b) the taxed costs from, or up to, a stage of the proceeding specified in the order; or\n\n(c) a gross amount specified in the order; or\n\n(d) an amount to be calculated in a manner directed by the court.\n\n33 Costs order for proceeding in other courts\n\n(1) This rule applies to a proceeding in the Family Court that:\n\n(a) has been transferred from another court; or\n\n(b) is on appeal from a decision of another court.\n\n(2) The Family Court may make a costs order in respect of the proceeding before the other court.\n\n(3) The costs order may:\n\n(a) specify the amount to be allowed in respect of the whole or part of the costs; or\n\n(b) order that the whole or part of the costs be taxed in accordance with this Order; or\n\n(c) order that the whole or part of the costs be taxed, or otherwise quantified, in accordance with the costs rules of the other court.\n\n","sortOrder":62},{"sectionNumber":"34","sectionType":"section","heading":"Disallowance of certain costs","content":"34 Disallowance of certain costs\n\nAt a hearing, or on an application, and whether or not objection is taken, the court may:\n\n(a) if costs have been improperly, unreasonably or negligently incurred — direct that the costs be disallowed; or\n\n(b) direct the taxing officer to examine the costs incurred, and disallow any costs that the taxing officer finds have been improperly, unreasonably or negligently incurred.\n\n","sortOrder":63},{"sectionNumber":"35","sectionType":"section","heading":"Costs orders against lawyers","content":"35 Costs orders against lawyers\n\n(1) The court or a Registrar may make a costs order against a lawyer if the lawyer, or an employee or agent of the lawyer, has caused costs:\n\n(a) to be incurred by a party or another person because of improper or unreasonable conduct; or\n\n(b) to be thrown away because of undue delay, negligence or any other misconduct or default.\n\n(2) Without limiting the generality of paragraph (1) (b), a lawyer may be in default if it is not possible for a hearing to proceed conveniently because the lawyer has unreasonably failed to:\n\n(a) attend the hearing personally, or send another person to attend the hearing on behalf of the lawyer; or\n\n(b) file, lodge or deliver a document that should have been filed, lodged or delivered; or\n\n(c) prepare any proper evidence or information; or\n\n(d) do any other act necessary for the hearing to proceed.\n\n(3) An application for a costs order against a lawyer may be made by:\n\n(a) a party to the proceeding; or\n\n(b) a person who has incurred costs because of the lawyer’s improper or unreasonable conduct; or\n\n(c) a person who has incurred costs thrown away because of the lawyer’s undue delay, negligence or other misconduct or default.\n\n(4) A costs order against a lawyer may be made on the motion of the court or Registrar.\n\n(5) A costs order against a lawyer may provide that:\n\n(a) the whole or any part of the costs between the lawyer and the party be disallowed; or\n\n(b) the lawyer pay the whole or any part of the costs incurred by another person; or\n\n(c) the lawyer pay to the party, or the other person, the whole or any part of the costs that the party has been ordered to pay to the other person.\n\n(6) Before making a costs order against a lawyer:\n\n(a) the court or Registrar must give the lawyer, and any person who may be affected by the decision, a reasonable opportunity to be heard; and\n\n(b) the court or Registrar may order that notice of the costs order, or of any proceeding against the lawyer, be given, as directed by the court or Registrar, to:\n\n(i) a party for whom the lawyer may be acting; or\n\n(ii) any other person.\n\n","sortOrder":64},{"sectionNumber":"Div 7","sectionType":"division","heading":"Accounts and bills","content":"Division 7 Accounts and bills\n\n","sortOrder":65},{"sectionNumber":"36","sectionType":"section","heading":"Notice of rights","content":"36 Notice of rights\n\n(1) A lawyer must serve a notice of rights on a person (except a legal aid body or another lawyer acting for a client in the proceeding) who is liable to pay the costs of work done for a proceeding.\n\n(2) A notice of rights must:\n\n(a) be in a form approved by the Principal Registrar; and\n\n(b) contain a statement to the effect that, in accordance with this Division, the person on whom it is served may:\n\n(i) if an account payable by the person is not in the form of a bill — request a bill; and\n\n(ii) dispute the bill, or part of it, by filing a notice in accordance with Form 57.\n\n(3) A lawyer is not required to serve more than 1 notice of rights if each account rendered in the course of the proceeding, after the notice of rights was served, includes an endorsement referring to the notice of rights.\n\n","sortOrder":66},{"sectionNumber":"37","sectionType":"section","heading":"Steps before costs may be recovered","content":"37 Steps before costs may be recovered\n\n(1) If a lawyer has not served an account, the lawyer must serve one within 28 days after receiving a request from the person who has paid or is liable to pay the costs, or within such further time as the court allows.\n\n(2) A lawyer must not commence or continue a proceeding to recover costs from a person unless:\n\n(a) the lawyer has served on the person an account and, if applicable, a notice of rights, and no request for a bill has been made in accordance with rule 38 or 39; or\n\n(b) if a bill has been served on the person:\n\n(i) no notice disputing the bill has been served in accordance with rule 42; or\n\n(ii) a notice disputing the bill has been determined or withdrawn.\n\n","sortOrder":67},{"sectionNumber":"38","sectionType":"section","heading":"Requesting and serving bill of costs — lawyer and client","content":"38 Requesting and serving bill of costs — lawyer and client\n\n(1) A person who has paid or is liable to pay costs between lawyer and client (whether or not under a costs agreement) may request the lawyer to serve a bill:\n\n(a) no later than 28 days after receiving an account and, if applicable, a notice of rights; or\n\n(2) If a lawyer receives a request for a bill under this rule, the lawyer must serve the bill within 28 days after receiving the request or within such further time as the court allows.\n\n","sortOrder":68},{"sectionNumber":"39","sectionType":"section","heading":"Requesting and serving bill of costs — party and party","content":"39 Requesting and serving bill of costs — party and party\n\n(1) A person liable to pay costs (except as between lawyer and client) may request a bill from the person entitled to receive the costs.\n\n(2) The person entitled to receive the costs must serve a bill within 28 days after receiving the request or within such further time as the court allows.\n\n","sortOrder":69},{"sectionNumber":"40","sectionType":"section","heading":"Requirements of bill — Form 56","content":"40 Requirements of bill — Form 56\n\n(1) A bill must be in accordance with Form 56.\n\n(2) The bill must specify:\n\n(a) each item of work for which costs are payable, including whether the work was done:\n\n(i) by a lawyer; or\n\n(ii) by an employee or agent of a lawyer; and\n\n(b) each disbursement claimed, including:\n\n(i) the name of the person to whom the disbursement was paid; and\n\n(ii) the nature of the disbursement; and\n\n(c) the amount payable for each item; and\n\n(d) the date on which each item occurred; and\n\n(e) any amount received or credited in respect of the costs.\n\n(3) Each item of work and each disbursement must be distinctively numbered.\n\n(4) Each item of work must contain sufficient detail to enable the bill to be taxed.\n\n","sortOrder":70},{"sectionNumber":"41","sectionType":"section","heading":"Amendment of bill","content":"41 Amendment of bill\n\n(1) A lawyer may, without leave, amend a bill that is to be taxed.\n\n(2) An amendment may be made at any time before the commencement of the taxation hearing in relation to the bill.\n\n(3) Each amendment must be clearly indicated on the page of the bill being amended.\n\n(4) If a lawyer amends a bill, the lawyer must:\n\n(a) file a copy of each amended page; and\n\n(b) serve a copy of each amended page on the person who is liable to pay the costs.\n\n","sortOrder":71},{"sectionNumber":"Div 8","sectionType":"division","heading":"Disputing a bill","content":"Division 8 Disputing a bill\n\n","sortOrder":72},{"sectionNumber":"42","sectionType":"section","heading":"Notice disputing bill — Form 57","content":"42 Notice disputing bill — Form 57\n\n(1) A person who is served with a bill may dispute an item in the bill by filing:\n\n(a) a copy of the bill; and\n\n(b) a notice disputing the bill.\n\n(2) The notice must:\n\n(a) be in accordance with Form 57; and\n\n(b) identify each item in dispute; and\n\n(c) state the grounds of objection in respect of each item in dispute; and\n\n(d) in respect of each item in dispute:\n\n(i) state that the person giving the notice considers that no amount of costs is payable; or\n\n(ii) specify the amount of costs that the person giving the notice considers is reasonable.\n\n(3) A copy of the notice must be served on the person on whose behalf the bill was served.\n\n(4) The notice must be filed and served within 28 days after the later of:\n\n(a) the day when the bill is served; and\n\n(b) the day when the notice of rights, if applicable, is served.\n\n","sortOrder":73},{"sectionNumber":"Div 9","sectionType":"division","heading":"Taxing a bill","content":"Division 9 Taxing a bill\n\n","sortOrder":74},{"sectionNumber":"43","sectionType":"section","heading":"Taxing officers","content":"43 Taxing officers\n\n(1) All Registrars are appointed as taxing officers.\n\n(2) Each taxing officer is to assist each other taxing officer.\n\n","sortOrder":75},{"sectionNumber":"44","sectionType":"section","heading":"Fixing of taxation hearing","content":"44 Fixing of taxation hearing\n\nIf a notice disputing a bill is filed under rule 42, the taxing officer must:\n\n(a) fix, for a taxation hearing or pre-taxation conference in relation to the bill, a date that is at least 14 days after the notice is filed; and\n\n(b) endorse on the notice:\n\n(i) the date of the hearing or conference; and\n\n(ii) the place at which the hearing or conference is to take place.\n\n","sortOrder":76},{"sectionNumber":"45","sectionType":"section","heading":"Certificate of taxation — no notice of dispute","content":"45 Certificate of taxation — no notice of dispute\n\n(1) The taxing officer may issue a certificate of taxation to a person who is entitled to be paid costs if:\n\n(a) the person has filed:\n\n(i) a bill; and\n\n(ii) an affidavit stating that the bill and, if required by this Order, a notice of rights were served on the person liable to pay the costs; and\n\n(iii) an affidavit specifying the amount (if any) that has been received or credited in respect of the costs; and\n\n(b) the person liable to pay the costs has not filed and served a notice disputing the bill in accordance with subrule 42 (2); and\n\n(c) the time for filing and serving a notice disputing the bill has expired.\n\n(2) If the taxing officer issues a certificate of taxation, the person who served the bill must serve, as soon as practicable, a copy of the certificate on each person from whom costs are sought.\n\n","sortOrder":77},{"sectionNumber":"46","sectionType":"section","heading":"Certificate of taxation — Form 58","content":"46 Certificate of taxation — Form 58\n\nA certificate of taxation must be in accordance with Form 58.\n\n","sortOrder":78},{"sectionNumber":"47","sectionType":"section","heading":"Disputed taxation hearing","content":"47 Disputed taxation hearing\n\n(1) At a taxation hearing in relation to a bill that is disputed, a taxing officer must:\n\n(a) determine the amount (if any) taxed off in respect of each item of the bill identified in the notice disputing the bill; and\n\n(b) determine the total amount payable for the costs of the taxation; and\n\n(c) calculate the total amount payable in respect of the costs and disbursements allowed; and\n\n(d) determine the total amount (if any) of costs paid or credited; and\n\n(e) calculate the total amount payable for costs.\n\n(2) At the completion of the taxation hearing, the taxing officer must issue a certificate of taxation to each party to the taxation who:\n\n(a) is present at the hearing; or\n\n(b) is represented at the hearing by a lawyer.\n\n","sortOrder":79},{"sectionNumber":"48","sectionType":"section","heading":"Powers of taxing officers","content":"48 Powers of taxing officers\n\n(1) For the purpose of taxing a bill, a taxing officer may do any of the following:\n\n(a) summon a witness to appear;\n\n(b) examine a witness;\n\n(c) require a person to file an affidavit;\n\n(d) administer an oath;\n\n(e) direct, or require, that a book, paper or document be produced;\n\n(f) issue a separate or interim certificate of taxation;\n\n(g) adjourn the taxation hearing;\n\n(h) do, or direct another person to do, any other act that is:\n\n(i) required to be done under these Rules; or\n\n(ii) directed to be done by the court or a Registrar;\n\n(i) issue a certificate by consent.\n\n(2) A taxing officer may refer to the court, for the direction of the court, any question arising in the taxation of a bill.\n\n","sortOrder":80},{"sectionNumber":"49","sectionType":"section","heading":"Taxation principles","content":"49 Taxation principles\n\nSubject to rule 50, a taxing officer must tax a bill in accordance with:\n\n(a) this Order; and\n\n(b) any relevant costs agreement; and\n\n(c) any relevant orders of a court or a Registrar.\n\n","sortOrder":81},{"sectionNumber":"50","sectionType":"section","heading":"Agreement between lawyer and legal aid body","content":"50 Agreement between lawyer and legal aid body\n\nIf a lawyer has made an agreement with a legal aid body in relation to the lawyer’s costs of acting for a client in a proceeding, the taxing officer must tax the lawyer’s bill for work done for the proceeding in accordance with:\n\n(a) the agreement; and\n\n(b) to the extent that they are not inconsistent with the agreement:\n\n(i) the principles in this Order; and\n\n(ii) any relevant orders of a court or a Registrar.\n\n","sortOrder":82},{"sectionNumber":"51","sectionType":"section","heading":"Costs to be allowed on taxation","content":"51 Costs to be allowed on taxation\n\n(1) This rule is subject to rules 49 and 50.\n\n(2) A lawyer’s bill for the amount due under a costs agreement that has not been set aside must be taxed in accordance with the costs agreement as varied by any order under rule 27.\n\n(3) A taxing officer must allow all fees, disbursements, charges and expenses that, in the opinion of the taxing officer, appear reasonable in seeking a fair and equitable outcome in the proceeding.\n\n(4) In taxing costs as between party and party, a taxing officer must not allow costs that were incurred as a result of:\n\n(a) improper, negligent, unnecessary or unreasonable conduct by the lawyer or a party; or\n\n(b) payment of any other unusual expense.\n\n","sortOrder":83},{"sectionNumber":"52","sectionType":"section","heading":"Exercise of discretion","content":"52 Exercise of discretion\n\n(1) Unless otherwise provided in this Order, a fee or allowance that is discretionary may be allowed at the discretion of a taxing officer.\n\n(2) In the exercise of the taxing officer’s discretion, the taxing officer must take the following matters into consideration:\n\n(a) any other fees and allowances to the solicitor and counsel in respect of work to which a fee or allowance applies;\n\n(b) the complexity of the proceeding;\n\n(c) the amount or value of the property or financial resource involved;\n\n(d) the importance of the proceeding to the client;\n\n(e) the difficulty or novelty of the matters raised in the proceeding;\n\n(f) the special skill, knowledge or responsibility required, or the demands made, of the solicitor and counsel by the proceeding;\n\n(g) the general conduct and cost of the proceeding;\n\n(h) any other relevant matter.\n\n","sortOrder":84},{"sectionNumber":"53","sectionType":"section","heading":"Allowance for matters not specified","content":"53 Allowance for matters not specified\n\nA taxing officer may allow a sum that the taxing officer thinks is reasonable, having regard to all the circumstances of the case, for work properly performed:\n\n(a) that is not specifically provided for in Schedule 2; and\n\n(b) in respect of which the taxing officer thinks an allowance should be made.\n\n","sortOrder":85},{"sectionNumber":"54","sectionType":"section","heading":"Costs improperly, unreasonably or negligently incurred","content":"54 Costs improperly, unreasonably or negligently incurred\n\nIf the issue of whether costs have been improperly, unreasonably or negligently incurred has not been raised and dealt with by the court, a taxing officer must:\n\n(a) consider the issue as if the court had made a direction under paragraph 34 (b); and\n\n(b) disallow any costs that the taxing officer finds have been improperly, unreasonably or negligently incurred.\n\n","sortOrder":86},{"sectionNumber":"55","sectionType":"section","heading":"Taxation on party and party basis — counsel’s fees","content":"55 Taxation on party and party basis — counsel’s fees\n\n(1) A taxing officer may allow the costs of briefing more than 1 counsel even if no counsel is one of Her Majesty’s Counsel or Senior Counsel.\n\n(2) A taxing officer must not allow costs for the attendance of counsel before the taxing officer, unless:\n\n(a) the taxing officer considers that the attendance was reasonable; or\n\n(b) the court otherwise orders.\n\n","sortOrder":87},{"sectionNumber":"56","sectionType":"section","heading":"Neglect or delay before taxing officer","content":"56 Neglect or delay before taxing officer\n\n(1) This rule applies if, in a proceeding before a taxing officer, a party:\n\n(a) is guilty of neglect or delay; or\n\n(b) puts another party to improper expense.\n\n(2) The taxing officer may:\n\n(a) certify:\n\n(i) the costs of the other party; and\n\n(ii) the refusal or neglect of the party who is guilty of neglect or delay; or\n\n(b) allow a nominal or other sum to the party who is guilty of neglect or delay.\n\n","sortOrder":88},{"sectionNumber":"57","sectionType":"section","heading":"Costs of taxing a bill","content":"57 Costs of taxing a bill\n\n(1) Unless a taxing officer orders otherwise, each party to a taxation must pay his or her costs of the taxation.\n\n(2) If a taxing officer orders a person to pay the whole, or a part, of another person’s costs in relation to the taxing of a bill, the taxing officer must determine the amount payable by the person before issuing a certificate of taxation.\n\n","sortOrder":89},{"sectionNumber":"58","sectionType":"section","heading":"Certificate of taxation to be judgment for debt","content":"58 Certificate of taxation to be judgment for debt\n\n(1) The total amount payable for costs specified in a certificate of taxation is:\n\n(a) immediately due and payable; and\n\n(b) recoverable in any court of competent jurisdiction;\n\nas if the certificate were a judgment for a debt of the amount specified in the certificate.\n\n(2) Order 31, rule 6 (which deals with rectification of an error contained in a decree) applies to a certificate of taxation as if it were a decree.\n\n","sortOrder":90},{"sectionNumber":"Div 10","sectionType":"division","heading":"Review of taxation","content":"Division 10 Review of taxation\n\n","sortOrder":91},{"sectionNumber":"59","sectionType":"section","heading":"Interpretation","content":"59 Interpretation\n\n> application for review means an application for review of:\n\n(a) the taxation of a bill; or\n\n(b) a decision by a taxing officer in relation to the taxation of a bill.\n\n","sortOrder":92},{"sectionNumber":"60","sectionType":"section","heading":"Review of taxation","content":"60 Review of taxation\n\nThe taxation of a bill, or a decision by a taxing officer in relation to the taxation of a bill, is reviewable:\n\n(a) if the taxation was conducted by a Registrar of a Family Court — by a Judge; or\n\n(b) in any other case — by a Magistrate.\n\n","sortOrder":93},{"sectionNumber":"61","sectionType":"section","heading":"Time for filing application for review","content":"61 Time for filing application for review\n\nAn application for review must be filed:\n\n(a) within 14 days after the certificate of taxation in relation to the bill is issued; or\n\n(b) on or before a later date fixed by the court or the taxing officer.\n\n","sortOrder":94},{"sectionNumber":"62","sectionType":"section","heading":"Further evidence","content":"62 Further evidence\n\nUnless the court otherwise orders, a party must not give further evidence at the hearing of an application for review.\n\n","sortOrder":95},{"sectionNumber":"63","sectionType":"section","heading":"Issues that may be raised at hearing of review","content":"63 Issues that may be raised at hearing of review\n\nA party must not raise an issue at the hearing of an application for review, unless the issue:\n\n(a) was identified in a valid notice disputing the bill; or\n\n(b) concerns the costs of taxing the bill; or\n\n(c) concerns an alleged error of calculation in, or omission from, the taxation of the bill; or\n\n(d) concerns an alleged error of law or fact by the taxing officer.\n\n","sortOrder":96},{"sectionNumber":"64","sectionType":"section","heading":"Powers of court","content":"64 Powers of court\n\n(1) Subject to rule 62, at the hearing of an application for review, the court may exercise all the powers and discretions of the taxing officer in relation to the subject matter of the review.\n\n(2) In particular, the court may do any of the following:\n\n(a) confirm the certificate of taxation;\n\n(b) set the certificate aside and order a revised certificate to be issued;\n\n(c) order that any question be referred to:\n\n(i) the taxing officer whose decision is the subject of the review; or\n\n(ii) another taxing officer;\n\n(d) make any other order that the court thinks fit.\n\n  \n\nOrder 39 Publication of lists\n\n1 Mode of publication\n\nSubject to this Order, lists of proceedings to be heard in the court may be published:\n\n(a) to members of the legal profession and their employees;\n\n(b) to litigants in person;\n\n(c) in the law lists published in daily newspapers; and\n\n(d) on notice boards exhibiting lists of cases for the use of the court or the legal profession.\n\n2 Lists to be provided by Registrar\n\nA list of proceedings shall not be published in a manner, or to persons, referred to in rule 1 unless the list has been provided by a Registrar for publication to those persons or in that manner.\n\n3 Content of lists\n\nSubject to rule 4, lists of proceedings provided by a Registrar for publication under this Order may contain such of the following particulars as the Registrar thinks fit:\n\n(a) surnames of parties but not given names;\n\n(b) the identifying numbers of applications; and\n\n(c) the name of the Judge, the time at which and the place or courtroom in which the Judge will sit and the general nature of the applications to be heard by the Judge.\n\n5 Interpretation\n\nIn this Order Judge includes Judicial Registrar Magistrate and Registrar.\n\nOrder 40 Miscellaneous\n\n1 Rate of interest\n\nFor paragraphs 87 (11) (b) and 90KA (b) and subsection 117B (1) of the Act, the prescribed rate of interest is 9.55% a year.\n\n2 Court may act on certain Commonwealth publications\n\nA court exercising jurisdiction under the Act may, without requiring further proof, act on information contained in:\n\n(a) a copy of the Consumer Price Index or any other information published by the Commonwealth Statistician; and\n\n(b) a statement or pamphlet published by or with the authority of the Government Printer setting out the social security benefits available to parents and children where the parents have separated.\n\n3 Particulars of employment and earnings\n\n(1) Where it appears to a court or Registrar that a party to proceedings under Part VIII or XIII of the Act is employed, the court or Registrar may order that party to furnish to the court, within a specified time, a statement in writing signed by that person specifying:\n\n(a) the name and address of the employer of the party or, if the party has more employers than one, of each of those employers;\n\n(b) particulars as to the earnings of the party; and\n\n(c) such other particulars as the court or Registrar thinks necessary to enable the party to be identified by any of the employers of the party.\n\n(2) Where it appears to a court or Registrar that a person is an employer of a party to proceedings under Part VII, VIII or XIII of the Act, the court or Registrar may order that employer to furnish to the court, within a specified time, a statement signed by the employer or on behalf of the employer containing such particulars as are specified in the order of the indebtedness of the employer to the employee, of the employee’s present rate of earnings, or of all the earnings of the employee that became payable to the employee during a specified period.\n\n(3) A document purporting to be a statement within the meaning of subrule (1) or (2) may be admitted as evidence of its contents.\n\n(4) A person shall not:\n\n(a) without reasonable cause or excuse, refuse or fail to comply with an order under this rule that is applicable to the person; or\n\n(b) make under this rule to a court having jurisdiction under the Act a statement in writing that the person knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true.\n\nPenalty: 5 penalty units.\n\n4 Form of bond\n\nA bond shall be in accordance with Form 59.\n\n6 Frivolous and vexatious proceedings\n\n(1) If a court is satisfied that a person has instituted frivolous or vexatious proceedings, the court may order that the person may not, without leave of the court, institute an action, appeal or other proceeding in the court of the kind or kinds specified in the order:\n\n(a) against a person named as a respondent in the frivolous or vexatious proceedings; or\n\n(b) in the same cause of action as the frivolous or vexatious proceedings.\n\n(2) An order under this rule may be made:\n\n(a) in the case of the Family Court of Australia — of the court’s own motion or on the application on the Marshal; or\n\n(b) in the case of the Family Court of Western Australia — of the court’s own motion or on the application of the Executive Officer; or\n\n(c) in any court having jurisdiction under the Act — on the application of a party.\n\n(3) An order may not be made in relation to a person unless the court has given the person a reasonable opportunity to be heard.\n\n(4) A court may discharge or vary an order made under this rule.\n\n(5) A court must not grant leave under this rule to institute an action, appeal or other proceeding unless the court is satisfied that:\n\n(a) the action, appeal or other proceeding is not an abuse of the process of the court; and\n\n(b) there is prima facie ground for the action, appeal or other proceeding.\n\n7 Application for leave\n\n(1) If an order has been made under paragraph 118 (1) (c) of the Act or under subrule 6 (1), an application for leave to institute a proceeding must, in the first instance, unless the order otherwise provides, be made ex parte.\n\n(2) On the return day of an application, the Court may:\n\n(a) dismiss the application; or\n\n(b) make orders as the Court thinks fit for service of the application.\n\n  \n\nOrder 41 Corporations jurisdiction\n\n> Corporations Rules means the Federal Court (Corporations) Rules 2000.\n\nDivision 2 Applications under the Corporations Act 2001\n\n2 Application of Division\n\nThis Division applies to proceedings started in, or transferred to, a Family Court under the Corporations Act 2001.\n\n3 Application of Corporations Rules\n\nThe Corporations Rules, as modified by Schedule 3 and by the court, if necessary, in a particular proceeding, apply to an application under the Corporations Act 2001 in a Family Court as if those Rules were provisions of these Rules.\n\n4 Applications under the Corporations Act 2001\n\nAn application under the Corporations Act 2001 must not be dismissed only because it has been made in the wrong form.\n\nDivision 3 Transfer of proceedings under the Corporations Act 2001\n\n7 Application\n\nThis Division applies to the transfer of proceedings relating to the Corporations Act 2001.\n\n8 What provisions of these Rules prevail if they are inconsistent?\n\nThe provisions of this Division prevail over any other provisions of these Rules that are inconsistent with them.\n\n9 Application for transfer of proceedings under the Corporations Act 2001\n\n(1) A person must start proceedings for transfer of proceedings by an application in accordance with Form 8.\n\n(1A) An application must be accompanied by a cover sheet in accordance with Form 1B.\n\n(2) An application must be heard and determined by a judge.\n\n(3) An application by the Attorney-General of the Commonwealth or of a State or Territory to transfer proceedings does not make him or her a party to the proceedings sought to be transferred.\n\n10 Content of an application for transfer of proceedings\n\nAn affidavit filed with an application for transfer of proceedings must set out the following matters on which the applicant relies:\n\n(a) any relevant provision of the Corporations Act 2001;\n\n(b) a statement of the claim;\n\n(c) the reasons for the application.\n\n11 Transfer of proceedings to another court\n\nOn the making of an Order for the transfer of proceedings, the Registrar must send to the Registrar of the court to which the proceedings are to be transferred, all documents filed in the proceedings.\n\n12 Transfer of proceedings to a Family Court\n\n(1) The Registrar must file documents received in relation to proceedings transferred to a Family Court so that the proceedings are identified by year of filing and number.\n\n(2) As soon as practicable after the transfer of proceedings to a Family Court, the applicant must apply to the court for directions.\n\n13 Conduct of transferred proceedings in Family Court\n\n(1) If, in proceedings before a Family Court, a party intends to submit that rules of evidence and procedure, other than those of the court, should be applied under subsection 1337P (1) of the Corporations Act 2001:\n\n(a) the party must specify the rules in the application; and\n\n(b) the party must seek directions on the matter before the proceedings are set down for hearing.\n\n(2) In proceedings to which subrule (1) applies:\n\n(a) the court may give directions at any time in relation to the matter of its own motion; and\n\n(b) the court may at any time vary or revoke a direction given by the court in relation to the matter.","sortOrder":97}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2644},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Rules have expanded significantly beyond their original 1984 scope covering basic divorce and matrimonial property. They now encompass child support jurisdiction (Order 31B), Federal Magistrates Court transfers (Order 8A), superannuation splitting procedures, corporations law cross-vesting (Orders 31A and 41), and complex alternative dispute resolution mechanisms (mediation and arbitration). The delegation provisions have also grown to allocate specific powers to Judicial Registrars and Registrars with monetary limits."},"complexity_factors":["41 separate Orders covering distinct procedural topics from commencement to appeal","Extensive defined terms and cross-references to the Family Law Act 1975, Child Support legislation, Corporations Act, and Evidence Act","Conditional time limits that vary based on circumstances (e.g., 28 days if served in Australia vs 42 days if served overseas)","Multiple overlapping jurisdictions requiring different procedures (Family Court, Federal Magistrates Court, State Supreme Courts, courts of summary jurisdiction)","Delegation hierarchy with monetary thresholds and consent requirements (e.g., Judicial Registrars limited to property values under $700,000 unless parties consent)","Strict form and formatting requirements for documents, affidavits, and cover sheets","Detailed rules for alternative dispute resolution (mediation, arbitration) and case assessment conferences"],"plain_english_summary":"This legislation sets out the **procedural rules** (the \"Family Law Rules\") for how cases are run in the Family Court of Australia and related courts under the *Family Law Act 1975*.\n\n**What it covers:**\n*   **Starting a case:** Different procedures for divorce (called \"principal relief\") versus parenting or property disputes, including which forms to use, time limits for filing, and how to serve documents on the other party.\n*   **Case management:** Rules for directions hearings, conciliation conferences, mediation (Order 25A), and pre-trial conferences to resolve disputes efficiently and keep cases moving.\n*   **Disclosure and evidence:** Requirements for filing affidavits (sworn statements), discovering documents, exchanging financial statements (Form 17), and using expert witnesses.\n*   **Children's matters:** Special procedures for medical procedures on children, appointing separate representatives for children, and mandatory rules for notifying the court of child abuse or family violence orders.\n*   **Enforcement:** How to enforce orders for unpaid child support or maintenance, including garnishing wages, seizing property, or selling real estate (Orders 33 and 34).\n*   **Appeals:** Procedures for appealing decisions to the Full Court of the Family Court or from the Federal Magistrates Court (now the Federal Circuit Court).\n*   **Delegation:** Which decisions can be made by court officers called **Registrars** or **Judicial Registrars** (versus Judges), including limits on the value of property disputes they can decide (currently $700,000 unless parties agree otherwise).\n\nThe Rules require parties and lawyers to resolve disputes \"promptly and inexpensively\" and include strict requirements for document formatting, time limits, and compliance."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-rules-1984","history":"/api/acts/family-law-rules-1984/history","analysis":"/api/acts/family-law-rules-1984/analysis","conflicts":"/api/acts/family-law-rules-1984/conflicts","importantCases":"/api/acts/family-law-rules-1984/important-cases","documents":"/api/acts/family-law-rules-1984/documents"}}