Part 1
Preliminary
Part 1 — Preliminary
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Western Australia regulation
**What these rules are and who they cover (mechanics first)
What the instrument does (mechanically): it is the Family Court Rules 2021 — a comprehensive code of court procedure for family law matters handled by the Family Court of Western Australia and by Magistrates Court sittings exercising the same federal and non‑federal family law jurisdiction (rule 3). It replaces the earlier Family Court Rules 1998 (rule 553) and sets out how to start cases, serve documents, manage disclosure, run hearings and trials, calculate and recover costs, and enforce financial and parenting orders. The rules also set processes for electronic filing and case management through the Court’s ECMS (electronic case management system) (rules 20, 487).
Who is directly affected:
Why it matters (practical effect): these rules govern how family disputes move through court from pre‑action conduct to final orders and enforcement. They set mandatory pre‑action steps in many financial cases (rule 22 and Schedule 1), tough disclosure duties in financial matters (rules 197–201, 216), fixed forms for starting different kinds of applications (rule 26 and rule 27 tables), timelines for service and hearings (rules 14, 36, 53, 80), costs procedures and caps (Part 19 and Schedule 2), and enforcement tools (Part 20). They also modernise practice by promoting electronic processing (rule 20, rules 487–491), encouraging single expert reports where practicable (rules 268–275), and delegating a wide range of procedural powers to registrars (rule 321).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Family Court Rules 2021.
Part 1 — Preliminary
Division 1 — Introduction
Citation 1
Commencement 1
Application 1
Terms used 1
Division 2 — Purpose
Main purpose 14
Promoting main purpose 15
Achieving main purpose 16
Responsibility of parties and lawyers in achieving main purpose 16
Division 3 — Court’s power in all cases
Power of court to make orders 17
Procedural orders in cases of doubt or difficulty 18
Court may set aside or vary order 18
Court may dispense with rules 18
Judicial officer hearing application 18
Division 4 — Time
Calculating time 19
Shortening or extending time 19
Time for compliance 20
Division 5 — Court administration
Court sittings 20
Registry hours 20
Records, registers and indexes 20
Documents in electronic format 21
Division 6 — Other matters
Relationship between this Part and specific rules 22
Pre‑action procedure 22
Prohibition on recording 23
Publishing lists of cases 23
Seal of Court 24
Part 2 — Starting a case
Division 1 — Applications
Kinds of applications 25
Documents to be filed with application 27
Division 2 — Brochures
Division 3 — Notification in certain cases
Subdivision 1 — Cases involving allegation of abuse or family violence in relation to child
Application of Subdivision 33
Notice of child abuse, family violence or risk of family violence 33
Notice of family violence in existing cases 33
Family violence order 34
Subdivision 2 —Property settlement or spousal or de facto maintenance cases
Notification of proceeds of crime or forfeiture application 35
Proceeds of crime 35
Notification to spouse (Act s. 205ZB(3)) 36
Part 3 — Divorce
Division 1 — Application for divorce
Fixing of hearing date 37
Amendment of application for divorce 37
Discontinuance of application for divorce 37
Division 2 — Response
Response 38
Objection to jurisdiction 38
Late filing of response 39
Affidavit in reply 39
Division 3 — Hearing of application
Division 4 — Hearing in absence of parties
Seeking hearing in absence of parties 39
Hearing of joint application in absence of parties 40
Request not to hear case in absence of parties 40
Division 5 — Events affecting divorce order
Application for rescission of divorce order 40
Death of party 40
Division 6 — Other matters relating to application for divorce
Corroboration of service 41
Corroboration requirements in cases involving parties living under same roof 41
Part 4 — Final orders
Division 1 — Applications for final orders
Contents of application for final order 42
Filing affidavits 42
First court date 42
Division 2 — Specific applications
General provisions still apply 43
Applications by Attorney General for transfer of case 43
Subdivision 2 — Cross‑vesting
Cross‑vesting matters 43
Transfer of case 44
Subdivision 3 — Medical procedure
Application for medical procedure 44
Evidence supporting application 45
Service of application 46
Fixing date of hearing 46
Procedure on first court date 46
Subdivision 4 — Spousal or de facto maintenance
Applications for spousal or de facto maintenance 46
Evidence to be provided 47
Subdivision 5 — Child support and child maintenance
Application of Subdivision 48
Commencing proceedings 48
Documents to be filed with application 48
Child support agreements 50
Time limits for applications under Child Support (Assessment) Act 51
Service of application 51
Service by Child Support Registrar 51
Procedure on first court date 52
Evidence to be provided with application 52
Subdivision 6 — Nullity and validity of marriage and divorce
Application of Subdivision 53
Fixing hearing date 53
Affidavit to be filed with application 53
Part 5 — Applications for interim, procedural, ancillary or other incidental orders
Restrictions in relation to applications 55
Filing of applications seeking parenting orders during Christmas school holiday period 56
Procedure before filing application 56
Fixing hearing date 57
Attendance by electronic communication 58
Attendance of party or witness in prison 59
Division 2 — Hearings for interim and procedural applications
Matters to be considered for interim orders 60
Affidavits 60
Hearing time for interim or procedural application 61
Party’s failure to attend hearing 61
Division 3 — Applications without notice
Application without notice 61
Necessary procedural orders 62
Division 4 — Hearing on papers in absence of parties
Request for hearing in absence of parties 62
Objection to hearing in absence of parties 63
Court decision not to proceed in absence of parties 63
Procedure for hearing in absence of parties 63
Division 5 — Postponement of interim hearing
Division 6 — Application for certain orders
Part 6 — Parties
Term used: party 66
Necessary parties 66
Division 2 — Adding or removing party
Adding party 67
Removing party 67
Intervention by person seeking to become party 67
Intervention by person entitled to intervene 68
Notice of constitutional matter 68
Division 3 — Case guardian
Term used: manager of the affairs of a party 69
Conducting case by case guardian 69
Who may be case guardian 69
Appointment, replacement or removal of case guardian 69
Attorney General may nominate case guardian 70
Notice of appointment of case guardian 70
Costs of case guardian 70
Duties of case guardian 71
Division 4 — Progress of case after death
Division 5 — Progress of case after bankruptcy or personal insolvency agreement
Terms used 72
Notice of bankruptcy or personal insolvency agreement 73
Notice under rule 112(1)(b) 73
Notice under rule 112(1)(c) 73
Notice of bankruptcy proceedings 74
Notice of application under Bankruptcy Act section 139A 74
Official name of trustee 75
Part 7 — Service
Application of Part 77
Service 77
Discretion regarding service 77
Service of documents 77
Service of filed documents 79
Division 2 — Special service
Special service 80
Special service by hand 80
Special service by post or electronic means 81
Special service through lawyer 81
Special service on persons with disability 81
Special service on prisoners 82
Special service on corporations 82
Division 3 — Ordinary service
Division 4 — Proof of service
Proof of service 83
Proof of special service 84
Evidence of identity 84
Division 5 — Other matters about service
Service by electronic means 84
When service is taken to have been carried out 85
Service with conditions or dispensing with service 85
Division 6 — Service in non‑convention country
Service in non‑convention country 86
Proof of service in non‑convention country 87
Part 8 — Right to be heard, address for service and submission of notices
Division 1 — Right to be heard and representation
Right to be heard and representation 88
Independent children’s lawyer 88
Lawyer: conflicting interests 89
Lawyer: ceasing to act 89
Division 2 — Address for service
Address for service 89
Change of address for service 90
Division 3 — Submitting notices
Part 9 — Response and reply
Division 1 — Response to initiating application
Response to initiating application 92
Response objecting to jurisdiction 92
Division 2 — Reply to response to initiating application
Applicant to reply to response to initiating application 93
Additional party to reply to response to initiating application 93
Division 3 — Response to application in a case
Response to application in a case 94
Affidavit must be filed with response to application in a case 94
Affidavit may be filed in reply to response to application in a case 94
Division 4 — Filing and service
Part 10 — Ending case without trial
Division 1 — Offers to settle
How to make offer 96
Open and without prejudice offer 96
How to withdraw offer 97
How to accept offer 97
Counter‑offer 97
Subdivision 2 — Offers to settle in property cases
Compulsory offer to settle 97
Withdrawal of offer 98
Division 2 — Discontinuing case
Term used: case 98
Discontinuing case 98
Division 3 — Summary orders and separate decisions
Application for summary orders 99
Application for separate decision 99
What court may order under this Division 100
Division 4 — Consent orders
How to apply for consent order 100
Consent parenting orders and allegations of abuse or family violence 101
Notice to superannuation trustee 102
Dealing with consent order 103
Lapsing of respondent’s consent 103
Part 11 — Case management
Division 1 — Court’s powers of case management
General powers 104
Failure to comply with legislative provision or order 106
Relief from orders 107
Certificate of vexatious proceedings order 108
Application for leave to institute proceedings after vexatious proceedings order made 108
Dismissal for want of prosecution 109
Division 2 — Limiting issues
Subdivision 1 — Admissions
Request to admit 110
Notice disputing fact or document 111
Withdrawing admission 111
Subdivision 2 — Amendment
Amendment by party or court order 111
Time limit for amendment 112
Amending document 113
Response to amended document 113
Disallowance of amendment 113
Division 3 — Venue
Subdivision 1 — Open court and chambers
Subdivision 2 — Transferring case
Transfer to another court or registry 114
Factors that may be considered for transfer 114
Subdivision 3 — Transfer of court file
Part 12 — Court events
Division 1 — Application of Part
Division 2 — Specific court events
Property case: exchange of documents before first court date 116
Exchange of documents before conciliation conference 118
Conduct of conciliation conference 118
Division 3 — Attendance at court events
Party’s attendance 119
Attendance by electronic communication 119
Failure to attend court events 119
Division 4 — Adjournment and postponement of procedural hearings
Part 13 — Disclosure
Division 1 — Disclosure between parties
Subdivision 1 — General duty of disclosure
Subdivision 2 — Duty of disclosure in financial cases
Purpose of this Subdivision 121
Full and frank disclosure 121
Financial statement 123
Amendment of financial statement 124
Division 2 — Duty to disclose documents
Subdivision 1 — Disclosure of documents for all cases
Duty to disclose documents 124
Use of documents 124
Inspection of documents 125
Production of original documents 125
Disclosure by inspection of documents 125
Costs of inspection 125
Documents that need not be produced 126
Objection to production 126
Consequence of non‑disclosure 126
Undertaking by party 127
Time for filing undertaking 128
Subdivision 2 — Disclosure of documents for certain applications
Application of Subdivision 128
Party may seek order about disclosure 129
Subdivision 3 — Disclosure of documents: initiating applications
Application of Subdivision 129
Disclosure by service of list of documents 130
Disclosure by inspection of documents 131
Application for disclosure order 131
Costs of compliance 133
Electronic disclosure 133
Division 3 — Answers to specific questions
Application of Division 133
Service of specific questions 134
Answering specific questions 134
Orders in relation to specific questions 135
Division 4 — Information from non‑parties
Purpose of Division 135
Employment information 136
Part 14 — Property orders
Orders about property 137
Service of application 138
Inspection 138
Application for Anton Piller order 138
Application for Mareva order 139
Notice to superannuation trustee 140
Notice about intervention 141
Part 15 — Evidence
Division 1 — Children
Restriction on children’s evidence 142
Family reports 142
Division 2 — Affidavits
No general right to file affidavit 143
Reliance on affidavits 143
Form of affidavit 143
Making affidavit 144
Affidavit of illiterate, blind or other person incapable of signing affidavit 144
Documents attached 145
Striking out objectionable material 146
Notice to attend for cross‑examination 146
Deponent’s attendance and expenses 147
Division 3 — Subpoenas
Terms used 147
Issuing subpoena 147
Subpoena not to issue in certain circumstances 149
Amendment of subpoena 149
Service 149
Conduct money and witness fees 151
When compliance is not required 151
Discharge of subpoena obligation 152
Objection to subpoena 152
Subdivision 2 — Production of documents and access by parties
Application 153
Compliance with subpoena 153
Right to inspect and copy documents 154
Objections relating to production of documents 155
Court permission to inspect documents 156
Production of document from another court 157
Return of documents produced 157
Subdivision 3 — Non‑compliance with subpoena
Division 4 — Assessors
Application of Division 158
Appointing assessor 158
Assessor’s report 159
Remuneration of assessor 159
Division 5 — Expert evidence
Term used: expert’s report 160
Application of Division 160
Purpose of this Division 161
Subdivision 2 — Single expert witness
Appointment of single expert witness by parties 162
Order for single expert witness 162
Orders that court may make 163
Single expert witness’s fees and expenses 164
Single expert witness’s report 164
Appointing another expert witness 164
Cross‑examination of single expert witness 165
Subdivision 3 — Permission for expert’s evidence
Permission for expert’s reports and evidence 165
Application for permission for expert witness 165
Subdivision 4 — Instructions and disclosure of expert’s report
Application of Subdivision 167
Instructions to expert witness 167
Mandatory disclosure of expert’s report 168
Provision of information about fees 168
Application for provision of information 168
Failure to disclose report 169
Subdivision 5 — Expert witness’s duties and rights
Expert witness’s duty to court 169
Expert witness’s right to seek orders 171
Expert witness’s evidence in chief 171
Form of expert’s report 171
Content of expert’s report 172
Consequences of non‑compliance 174
Subdivision 6 — Clarification of single expert witness reports
Purpose of this Subdivision 174
Conference 174
Questions to single expert witnesses 175
Single expert witness answers 176
Single expert witness costs 176
Application for directions 177
Subdivision 7 — Evidence from 2 or more expert witnesses
Application of Subdivision 177
Conference of expert witnesses 177
Conduct of trial with expert witnesses 179
Division 6 — Other matters about evidence
Court may call evidence 179
Order for examination of witness 180
Letters of request 180
Transcript receivable in evidence 181
Notice to produce 181
Part 16 — Principles for conducting child‑related proceedings
Terms used 182
Application of Part 182
Consent for case to be treated as child‑related proceedings 182
Application for case commenced by application before 1 July 2006 to be treated as child‑related proceeding 182
Part 17 — Orders and undertakings
Division 1 — Orders
When order is made 183
When order must be entered 183
Entry of orders 184
Varying or setting aside orders 184
Varying or setting aside reasons for judgment 185
Rate of interest 185
Order for payment of money 185
Order for payment of fine 186
Division 2 — Undertakings
Part 18 — Powers of registrars
Term used: registrar 188
Exercise of functions 188
Registrars not required to give reasons 188
Protection and immunity 188
Division 2 — Delegation of judicial power to registrars
Delegation of powers to registrars 189
Applications to review exercises of powers and performance of functions by registrars 191
Power of Court on review 192
Part 19 — Party and party costs
Application of Part 193
Interest on outstanding costs 193
Division 2 — Obligations of lawyer about costs
Duty to inform about costs 193
Notification of costs 194
Division 3 — Security for costs
Application for security for costs 195
Order for security for costs 196
Finalising security 196
Division 4 — Costs orders
Order for costs 197
Costs order for cases in other courts 197
Costs orders against lawyers 198
Notice of costs order 198
Division 5 — Calculation of costs
Method of calculating costs 199
Maximum amount of party and party costs recoverable 200
Division 6 — Claiming and disputing costs
Subdivision 1 — Itemised costs account
Request for itemised costs account 200
Service of lawyer’s itemised costs account 200
Lawyer’s itemised costs account 201
Disputing itemised costs account 201
Assessment of disputed costs 202
Amendment of itemised costs account and notice disputing itemised costs account 202
Subdivision 2 — Assessment process
Fixing date for first court event 202
Notification of hearing 203
Settlement conference 203
Preliminary assessment 203
Objection to preliminary assessment amount 204
If no objection to preliminary assessment 204
Assessment hearing 204
Powers of registrar 205
Assessment principles 206
Allowance for matters not specified 207
Neglect or delay before registrar 208
Costs assessment order: costs account not disputed 208
Setting aside costs assessment order 209
Division 7 — Specific costs matters
Costs in Magistrates Court 209
Charge for each page 210
Proportion of costs 210
Costs for reading 210
Postage within Australia 210
Waiting and travelling time 210
Agent’s fees 211
Costs of cases not started together 211
Certificate as to counsel 212
Lawyer as counsel: party and party costs 212
Lawyer as counsel: assessment of fees 212
Division 8 — Review of assessment
Timing for filing application for review 213
Timing for filing application for review 214
Hearing of application 214
Part 20 — Enforcement of financial orders and obligations
Enforceable obligations 215
When agreement may be enforced 216
When child support liability may be enforced 216
Who may enforce obligation 217
Enforcing obligation to pay money 218
Affidavit to be filed for enforcement order 218
General enforcement powers of court 219
Enforcement order 220
Discharging, suspending or varying enforcement order 220
Division 2 — Information for aiding enforcement
Subdivision 1 — Processes for aiding enforcement
Subdivision 2 — Enforcement hearings
Enforcement hearing 221
Obligations of payer 222
Subpoena of witness 222
Failure concerning financial statement or enforcement hearing 222
Division 3 — Enforcement warrants
Term used: affected person 223
Request for enforcement warrant 223
Duration of enforcement warrant 225
Enforcement officer’s responsibilities 225
Directions for enforcement 226
Effect of enforcement warrant 227
Advertising before sale 227
Sale of property at reasonable price 228
Conditions of sale of property 229
Result of sale of property under enforcement warrant 229
Payee’s responsibilities 230
Orders for real property 231
Subdivision 2 — Claims by person affected by enforcement warrant
Notice of claim 232
Payee to admit or dispute claim 233
Admitting claim 233
Denial or no response to claim 233
Hearing of application 234
Division 4 — Third party debt notice
Application of Division 234
Money deposited in financial institution 234
Request for third party debt notice 235
Service of third party debt notice 235
General effect of third party debt notice 236
Employer’s obligations 236
Duration of third party debt notice 237
Response to third party debt notice 237
Discharge of third party debt notice 238
Claim by affected person 238
Cessation of employment 238
Compliance with third party debt notice 239
Division 5 — Sequestration of property
Application for sequestration of property 240
Order for sequestration 240
Order relating to sequestration 241
Procedural orders for sequestration 241
Division 6 — Receivership
Application for appointment of receiver 242
Appointment and powers of receiver 243
Security 243
Accounts 243
Objection to accounts 244
Removal of receiver 244
Compliance with orders and rules 244
Division 7 — Enforcement of obligations other than an obligation to pay money
Application for enforcement orders 245
Warrant for possession of real property 245
Warrant for delivery 245
Warrant for seizure and detention of property 246
Division 8 — Other provisions about enforcement
Service of order 246
Certificate for payments under maintenance order 246
Enforcement by or against non‑party 247
Powers of enforcement officer 247
Part 21 — Enforcement of parenting orders, contravention of orders and contempt
Division 1 — Applications for enforcement of orders, contravention of orders and contempt of court
Application 248
How to apply for order 248
Application made or continued by Marshal 250
Contempt in court room 250
Fixing hearing date 250
Response to application 250
Failure of respondent to attend 250
Procedure at hearing 251
Division 2 — Compliance with parenting orders
Duties of program provider 251
Relisting for hearing 251
Division 3 — Location and recovery orders
Application of Division 252
Fixing hearing date 252
Service of recovery order 252
Application for directions for execution of recovery order 252
Division 4 — Warrants for arrest
Application for warrant 253
Execution of warrant 254
Duration of warrant 254
Procedure after arrest 254
Application for release or setting aside 256
Part 22 — Appeals
Division 1 — Preliminary
Division 2 — Starting appeal and procedural hearing
Starting appeal 257
Time for appeal 257
Parties to appeal 257
Service 258
Cross‑appeal 258
Time for cross‑appeal 258
Amendment of notice of appeal 258
Notice of contention 258
Stay 259
Application for leave to appeal 259
Procedural hearing 259
Attendance at procedural hearing 260
Procedural orders for conduct of appeal 260
Documents for appeal hearing if appeal books not required 261
Division 3 — Powers of the appeal judge and conduct of appeal
Non‑attendance by party 261
Attendance by electronic communication 262
Attendance of party in prison 263
Subpoenas 263
Division 4 — Applications in relation to appeals
Application in relation to appeal 264
Hearing date for application 264
Division 5 — Concluding appeal, application for leave to appeal or application in relation to appeal
Consent orders on appeal 264
Discontinuance of appeal or application 264
Dismissal of appeal and application for non‑compliance or delay 265
Division 6 — Costs orders
Part 23 — Registration of documents
Division 1 — Registration of agreements, orders and child support debts
Registration of agreements 267
Registration of State child orders under Act or Family Law Act 267
Registration of de facto maintenance orders under Family Law Act 268
Registration of debt due to Commonwealth under child support legislation 268
Division 2 — Parenting plans
Requirements for registration of agreement revoking registered parenting plan 268
Court may require service or additional information 269
Application may be dealt with in chambers 269
Part 24 — Documents, filing, registry
Division 1 — Requirements for documents
General requirements 270
Corporation as party 271
Change of name of party 271
Approved forms 272
Division 2 — Filing documents
How document may be filed 272
Filing document by facsimile or email 274
Originals of sworn documents filed by electronic means 275
Rejection of documents 275
Documents filed other than by means of ECMS 276
Filing notice of payment into court 276
Division 3 — Registry records
Removal of document from registry 276
Searching court record and copying documents 277
Exhibits 278
Part 25 — Applications under Corporations Act and Corporations (Aboriginal and Torres Strait Islander) Act
Term used: Corporations (Aboriginal and Torres Strait Islander) Act 279
Application 279
Application of Corporations Rules 279
Modification of Corporations Rules 279
Application under Corporations Act or Corporations (Aboriginal and Torres Strait Islander) Act 279
Transfer of cases under Corporations Act or Corporations (Aboriginal and Torres Strait Islander) Act 280
Fixing hearing date 280
Part 26 — Cases to which Trans‑Tasman Proceedings Act 2010 (Commonwealth) applies
Application of Federal Court Rules 2011 (Commonwealth) Division 34.4 281
Modification of Federal Court Rules 2011 (Commonwealth) Division 34.4 281
Part 27 — Cases to which Bankruptcy Act applies
Division 1 — Preliminary
Division 2 — General
Bankruptcy application and bankruptcy application in a case 282
Leave to be heard 283
Appearance at application or examination 283
Opposition to bankruptcy application or bankruptcy application in a case 284
Division 3 — Examinations
Term used: relevant person 284
Application for summons (Bankruptcy Act s. 81) 284
Hearing of application 285
Requirements of summons 285
Service of summons 285
Failure to attend examination 286
Application for discharge of summons 286
Part 28 — Arbitration
Division 1 — Disclosure relating to arbitration
General duty of disclosure 287
Duty of disclosure — documents 289
Use of documents 289
Party may require production of documents 290
Document that need not be produced 290
Objection to production 290
Disclosure by giving a list of documents 291
Disclosure by inspection of documents 293
Applications for orders relating to disclosure 294
Costs of compliance 296
Electronic disclosure 296
Division 2 — Subpoenas
Application of Division 297
Terms used 297
Issuing a subpoena 297
Subpoena must not be issued in certain circumstances 299
Amendment of subpoena 299
Service 299
Conduct money and witness fees 301
When compliance is not required 301
Duration of subpoena 302
Objection to subpoena 302
Subdivision 2 — Production of documents and access by parties
Application of Subdivision 303
Compliance with subpoena 303
Right to inspect and copy documents 304
Objections relating to production of documents 305
Court permission to inspect documents 306
Production of document in possession of a court 306
Return or destruction of document produced 307
Subdivision 3 — Non‑compliance with subpoena
Division 3 — Other rules relating to arbitration
Referral of question of law by arbitrator 308
Referral of other matters to court by arbitrator 308
Informing court about awards made in arbitration 308
Registration of awards made in arbitration 309
Response to applications in relation to arbitration 309
Arbitrator to notify court when certain arbitrations end 309
Part 29 — Repeal and transitional provisions
Terms used 310
Family Court Rules 1998 repealed 310
Completion of cases commenced 310
Continuing effect of things done 310
Part 30 — Consequential amendment
Family Court (Surrogacy) Rules 2009 amended 311
Application of Family Court Rules 2021 311
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Family Court Act 1997
Family Court Rules 2021
Western Australia
Family Court Rules 2021
Contents
Part 1 — Preliminary
Division 1 — Introduction
Citation 1
Commencement 1
Application 1
Terms used 1
Division 2 — Purpose
Main purpose 14
Promoting main purpose 15
Achieving main purpose 16
Responsibility of parties and lawyers in achieving main purpose 16
Division 3 — Court’s power in all cases
Power of court to make orders 17
Procedural orders in cases of doubt or difficulty 18
Court may set aside or vary order 18
Court may dispense with rules 18
Judicial officer hearing application 18
Division 4 — Time
Calculating time 19
Shortening or extending time 19
Time for compliance 20
Division 5 — Court administration
Court sittings 20
Registry hours 20
Records, registers and indexes 20
Documents in electronic format 21
Division 6 — Other matters
Relationship between this Part and specific rules 22
Pre‑action procedure 22
Prohibition on recording 23
Publishing lists of cases 23
Seal of Court 24
Part 2 — Starting a case
Division 1 — Applications
Kinds of applications 25
Documents to be filed with application 27
Division 2 — Brochures
Official rationale (as stated) and how the rules pursue it
Testing the stated aims against costs, incentives and trade‑offs (practical consequences)
Who pays (direct costs): parties pay their lawyers, expert fees and conduct money (rules 250, 272, Schedule 3). Parties who lose or disobey rules can be ordered to pay the other side’s costs (Part 19: rules 331, 335). Enforcement (Part 20) shifts enforcement fees, and sequestration/receiver processes impose further costs that a payee may be required to underwrite (rule 385(3)).
Who decides (administrative and judicial choice): judicial officers make substantive decisions, but many procedural powers are expressly delegated to registrars (rule 321). Registrars may make case‑management, assessment and some costs orders without giving reasons (rules 319, 350). That increases throughput potential but raises the level of administrative discretion (see rule 321 table and rules 318–323).
Behaviour the rules incentivise:
Trade‑offs and opportunity costs:
Compliance burden, implementation risk and administrative discretion:
Effects on private enterprise, competition, prices and expert markets
Legal services and costs: Schedule 2 sets scales for recoverable lawyer and counsel work (Schedule 2), and Part 19 imposes obligations on lawyers to disclose costs (rules 326–327). Those provisions influence billing practices and price transparency, and provide ceilings and recovery mechanisms that shape market behaviour for legal practices handling family matters.
Expert witness market: the rules promote single‑expert appointments (rules 269–273) and require disclosure of fees (rule 281). That may reduce demand for duplicate expert reports (lowering aggregate expert market volume) and increase pressure on single experts (more concentrated workload), while reducing contestable expert spend in many cases.
Service providers for enforcement and insolvency: Part 20 (enforcement warrants, sequestration, receivership — rules 384–423) and Part 27 (bankruptcy) create formal demand for enforcement officers, receivers and trustees; payees may need to underwrite enforcement costs (rule 385(3)).
Speech, privacy and other limits
Concentrated benefits and diffuse costs; rent‑seeking and substitution effects (source‑grounded)
Key enforcement and sanction levers (how non‑compliance is policed)
Bottom line (what to take away)
Division 3 — Notification in certain cases
Subdivision 1 — Cases involving allegation of abuse or family violence in relation to child
Application of Subdivision 33
Notice of child abuse, family violence or risk of family violence 33
Notice of family violence in existing cases 33
Family violence order 34
Subdivision 2 —Property settlement or spousal or de facto maintenance cases
Notification of proceeds of crime or forfeiture application 35
Proceeds of crime 35
Notification to spouse (Act s. 205ZB(3)) 36
Part 3 — Divorce
Division 1 — Application for divorce
Fixing of hearing date 37
Amendment of application for divorce 37
Discontinuance of application for divorce 37
Division 2 — Response
Response 38
Objection to jurisdiction 38
Late filing of response 39
Affidavit in reply 39
Division 3 — Hearing of application
Division 4 — Hearing in absence of parties
Seeking hearing in absence of parties 39
Hearing of joint application in absence of parties 40
Request not to hear case in absence of parties 40
Division 5 — Events affecting divorce order
Application for rescission of divorce order 40
Death of party 40
Division 6 — Other matters relating to application for divorce
Corroboration of service 41
Corroboration requirements in cases involving parties living under same roof 41
Part 4 — Final orders
Division 1 — Applications for final orders
Contents of application for final order 42
Filing affidavits 42
First court date 42
Division 2 — Specific applications
Subdivision 1 — General
General provisions still apply 43
Applications by Attorney General for transfer of case 43
Subdivision 2 — Cross‑vesting
Cross‑vesting matters 43
Transfer of case 44
Subdivision 3 — Medical procedure
Application for medical procedure 44
Evidence supporting application 45
Service of application 46
Fixing date of hearing 46
Procedure on first court date 46
Subdivision 4 — Spousal or de facto maintenance
Applications for spousal or de facto maintenance 46
Evidence to be provided 47
Subdivision 5 — Child support and child maintenance
Application of Subdivision 48
Commencing proceedings 48
Documents to be filed with application 48
Child support agreements 50
Time limits for applications under Child Support (Assessment) Act 51
Service of application 51
Service by Child Support Registrar 51
Procedure on first court date 52
Evidence to be provided with application 52
Subdivision 6 — Nullity and validity of marriage and divorce
Application of Subdivision 53
Fixing hearing date 53
Affidavit to be filed with application 53
Part 5 — Applications for interim, procedural, ancillary or other incidental orders
Division 1 — General
Restrictions in relation to applications 55
Filing of applications seeking parenting orders during Christmas school holiday period 56
Procedure before filing application 56
Fixing hearing date 57
Attendance by electronic communication 58
Attendance of party or witness in prison 59
Division 2 — Hearings for interim and procedural applications
Matters to be considered for interim orders 60
Affidavits 60
Hearing time for interim or procedural application 61
Party’s failure to attend hearing 61
Division 3 — Applications without notice
Application without notice 61
Necessary procedural orders 62
Division 4 — Hearing on papers in absence of parties
Request for hearing in absence of parties 62
Objection to hearing in absence of parties 63
Court decision not to proceed in absence of parties 63
Procedure for hearing in absence of parties 63
Division 5 — Postponement of interim hearing
Division 6 — Application for certain orders
Part 6 — Parties
Division 1 — General
Term used: party 66
Necessary parties 66
Division 2 — Adding or removing party
Adding party 67
Removing party 67
Intervention by person seeking to become party 67
Intervention by person entitled to intervene 68
Notice of constitutional matter 68
Division 3 — Case guardian
Term used: manager of the affairs of a party 69
Conducting case by case guardian 69
Who may be case guardian 69
Appointment, replacement or removal of case guardian 69
Attorney General may nominate case guardian 70
Notice of appointment of case guardian 70
Costs of case guardian 70
Duties of case guardian 71
Division 4 — Progress of case after death
Division 5 — Progress of case after bankruptcy or personal insolvency agreement
Terms used 72
Notice of bankruptcy or personal insolvency agreement 73
Notice under rule 112(1)(b) 73
Notice under rule 112(1)(c) 73
Notice of bankruptcy proceedings 74
Notice of application under Bankruptcy Act section 139A 74
Official name of trustee 75
Part 7 — Service
Division 1 — General
Application of Part 77
Service 77
Discretion regarding service 77
Service of documents 77
Service of filed documents 79
Division 2 — Special service
Special service 80
Special service by hand 80
Special service by post or electronic means 81
Special service through lawyer 81
Special service on persons with disability 81
Special service on prisoners 82
Special service on corporations 82
Division 3 — Ordinary service
Division 4 — Proof of service
Proof of service 83
Proof of special service 84
Evidence of identity 84
Division 5 — Other matters about service
Service by electronic means 84
When service is taken to have been carried out 85
Service with conditions or dispensing with service 85
Division 6 — Service in non‑convention country
Service in non‑convention country 86
Proof of service in non‑convention country 87
Part 8 — Right to be heard, address for service and submission of notices
Division 1 — Right to be heard and representation
Right to be heard and representation 88
Independent children’s lawyer 88
Lawyer: conflicting interests 89
Lawyer: ceasing to act 89
Division 2 — Address for service
Address for service 89
Change of address for service 90
Division 3 — Submitting notices
Part 9 — Response and reply
Division 1 — Response to initiating application
Response to initiating application 92
Response objecting to jurisdiction 92
Division 2 — Reply to response to initiating application
Applicant to reply to response to initiating application 93
Additional party to reply to response to initiating application 93
Division 3 — Response to application in a case
Response to application in a case 94
Affidavit must be filed with response to application in a case 94
Affidavit may be filed in reply to response to application in a case 94
Division 4 — Filing and service
Part 10 — Ending case without trial
Division 1 — Offers to settle
Subdivision 1 — General
How to make offer 96
Open and without prejudice offer 96
How to withdraw offer 97
How to accept offer 97
Counter‑offer 97
Subdivision 2 — Offers to settle in property cases
Compulsory offer to settle 97
Withdrawal of offer 98
Division 2 — Discontinuing case
Term used: case 98
Discontinuing case 98
Division 3 — Summary orders and separate decisions
Application for summary orders 99
Application for separate decision 99
What court may order under this Division 100
Division 4 — Consent orders
How to apply for consent order 100
Consent parenting orders and allegations of abuse or family violence 101
Notice to superannuation trustee 102
Dealing with consent order 103
Lapsing of respondent’s consent 103
Part 11 — Case management
Division 1 — Court’s powers of case management
General powers 104
Failure to comply with legislative provision or order 106
Relief from orders 107
Certificate of vexatious proceedings order 108
Application for leave to institute proceedings after vexatious proceedings order made 108
Dismissal for want of prosecution 109
Division 2 — Limiting issues
Subdivision 1 — Admissions
Request to admit 110
Notice disputing fact or document 111
Withdrawing admission 111
Subdivision 2 — Amendment
Amendment by party or court order 111
Time limit for amendment 112
Amending document 113
Response to amended document 113
Disallowance of amendment 113
Division 3 — Venue
Subdivision 1 — Open court and chambers
Subdivision 2 — Transferring case
Transfer to another court or registry 114
Factors that may be considered for transfer 114
Subdivision 3 — Transfer of court file
Part 12 — Court events
Division 1 — Application of Part
Division 2 — Specific court events
Property case: exchange of documents before first court date 116
Exchange of documents before conciliation conference 118
Conduct of conciliation conference 118
Division 3 — Attendance at court events
Party’s attendance 119
Attendance by electronic communication 119
Failure to attend court events 119
Division 4 — Adjournment and postponement of procedural hearings
Part 13 — Disclosure
Division 1 — Disclosure between parties
Subdivision 1 — General duty of disclosure
Subdivision 2 — Duty of disclosure in financial cases
Purpose of this Subdivision 121
Full and frank disclosure 121
Financial statement 123
Amendment of financial statement 124
Division 2 — Duty to disclose documents
Subdivision 1 — Disclosure of documents for all cases
Duty to disclose documents 124
Use of documents 124
Inspection of documents 125
Production of original documents 125
Disclosure by inspection of documents 125
Costs of inspection 125
Documents that need not be produced 126
Objection to production 126
Consequence of non‑disclosure 126
Undertaking by party 127
Time for filing undertaking 128
Subdivision 2 — Disclosure of documents for certain applications
Application of Subdivision 128
Party may seek order about disclosure 129
Subdivision 3 — Disclosure of documents: initiating applications
Application of Subdivision 129
Disclosure by service of list of documents 130
Disclosure by inspection of documents 131
Application for disclosure order 131
Costs of compliance 133
Electronic disclosure 133
Division 3 — Answers to specific questions
Application of Division 133
Service of specific questions 134
Answering specific questions 134
Orders in relation to specific questions 135
Division 4 — Information from non‑parties
Purpose of Division 135
Employment information 136
Part 14 — Property orders
Orders about property 137
Service of application 138
Inspection 138
Application for Anton Piller order 138
Application for Mareva order 139
Notice to superannuation trustee 140
Notice about intervention 141
Part 15 — Evidence
Division 1 — Children
Restriction on children’s evidence 142
Family reports 142
Division 2 — Affidavits
No general right to file affidavit 143
Reliance on affidavits 143
Form of affidavit 143
Making affidavit 144
Affidavit of illiterate, blind or other person incapable of signing affidavit 144
Documents attached 145
Striking out objectionable material 146
Notice to attend for cross‑examination 146
Deponent’s attendance and expenses 147
Division 3 — Subpoenas
Subdivision 1 — General
Terms used 147
Issuing subpoena 147
Subpoena not to issue in certain circumstances 149
Amendment of subpoena 149
Service 149
Conduct money and witness fees 151
When compliance is not required 151
Discharge of subpoena obligation 152
Objection to subpoena 152
Subdivision 2 — Production of documents and access by parties
Application 153
Compliance with subpoena 153
Right to inspect and copy documents 154
Objections relating to production of documents 155
Court permission to inspect documents 156
Production of document from another court 157
Return of documents produced 157
Subdivision 3 — Non‑compliance with subpoena
Division 4 — Assessors
Application of Division 158
Appointing assessor 158
Assessor’s report 159
Remuneration of assessor 159
Division 5 — Expert evidence
Subdivision 1 — General
Term used: expert’s report 160
Application of Division 160
Purpose of this Division 161
Subdivision 2 — Single expert witness
Appointment of single expert witness by parties 162
Order for single expert witness 162
Orders that court may make 163
Single expert witness’s fees and expenses 164
Single expert witness’s report 164
Appointing another expert witness 164
Cross‑examination of single expert witness 165
Subdivision 3 — Permission for expert’s evidence
Permission for expert’s reports and evidence 165
Application for permission for expert witness 165
Subdivision 4 — Instructions and disclosure of expert’s report
Application of Subdivision 167
Instructions to expert witness 167
Mandatory disclosure of expert’s report 168
Provision of information about fees 168
Application for provision of information 168
Failure to disclose report 169
Subdivision 5 — Expert witness’s duties and rights
Expert witness’s duty to court 169
Expert witness’s right to seek orders 171
Expert witness’s evidence in chief 171
Form of expert’s report 171
Content of expert’s report 172
Consequences of non‑compliance 174
Subdivision 6 — Clarification of single expert
This is an opening excerpt, not the complete document.