1AApplication of Order 32

1A Application of Order 32 2 Institution of appeal 2AA Referral to Chief Justice 2A Documents filed in connection with appeal — Form 41C 3 Service of notice of appeal 3A Child welfare appeals — child’s representative 4 Stay of proceedings 6 Amendment of notice of appeal 7 Cross-appeals 7A Pre-argument statement 7B Directions hearing 7C Conduct of directions hearing 7D Settlement conference 7E Conduct of directions hearing or settlement conference by electronic means 7F Directions at conclusion of directions hearing or settlement conference 9 Exhibits etc 11 Draft index to appeal papers 13 Transcript 14 Appeal papers 15 Preparation of appeal papers 16 Hearing date for appeal 16A Further evidence on appeal 16B Summary of argument and list of authorities 17 Expediting an appeal 17A Certain applications may proceed without oral hearing 18 Dismissal of appeal 19 Procedures on application for dismissal 19AA Short reasons for decision 19A Withdrawal of appeal 20 Application for certificate to appeal to High Court 21 Case stated 22 Application to court 23 Hearing an application 24 Withdrawal of application Order 32A Applications for leave to appeal to Full Court 1A Application of Order 32A 2 Institution of applications 2A Referral to Chief Justice 3 Time for filing an application 4 Affidavit in support of an application 5 Service 5A Stay of execution of decree appealed from 6 Directions 7 Supporting submissions 8 Hearing of application 9 Leave to appeal may be on terms Order 32B Appeal for hearing by a single judge 1 Application of Order 32B 5 Documents filed with appeal — Form 41C 6 Service of notice of appeal 7 Child welfare appeals — child’s representative 8 Stay of proceedings 9 Security for costs 10 Amendment of notice of appeal 11 Cross-appeals 12 Exhibits etc 13 Notifying parties about appeal etc 14 Directions hearing 15 Filing and service of reasons for judgment 16 Settlement conference 17 Conduct of directions hearing or settlement conference by electronic means 18 Transcript of proceedings 19 Further evidence on appeal 20 Expediting an appeal 21 Certain applications may proceed without oral hearing 22 Dismissal of appeal 23 Procedures on application for dismissal 24 Short reasons for decision 25 Withdrawal of appeal 26 Application for certificate to appeal to High Court 27 Application to court 28 Withdrawal of application Order 32C Applications for leave to appeal to a single judge from the Federal Magistrates Court 1 Application of Order 32C 3 Institution of applications 5 Time for filing an application 6 Affidavit in support of application 7 Service 8 Stay of execution of decree 9 Directions 10 Supporting submissions 11 Leave to appeal may be on terms Order 32D Appeals from courts of summary jurisdiction 1 Application of Order 32D 2 Definition 4 Time for filing a notice of appeal 5 Fixing a hearing date 6 Service 7 Stay of proceedings 8 Transmission of papers Order 33 Enforcement 1 Definitions 2 Enforcement of obligations 3 Summary procedures on failure to comply with obligation 4 Garnishment 5 Seizure and sale of personal property 6 Sequestration of estate 7 Power of sale of real property 8 Certificate as to payments under maintenance order 9 Certain orders enforceable in South Australia 10 Payment into court by order Order 34 Recovery orders, warrants and procedure after arrest Division 1 Recovery orders 2 Application for recovery order — Form 8 3 Form of recovery order — Form 34 4 Service of application 4A Service of recovery order Division 2 Warrants 6 Form of warrant — Form 51 or 53 7 Execution of warrants 8 How long does a warrant remain in force? Division 3 Procedure after arrest 9 Application of Division 10 Person arrested may be held in custody 11 Persons taken into custody Order 35 Contraventions, offences and contempt 2 Application of order 3 Who may make an application? 4 Service Division 2 Applications 5 Contravention of orders not affecting children — Form 48 6 Contravention of orders affecting children — Form 49 7 Imposition of sanction for preventing or hindering action under a third party recovery order — Form 35 9 Contempt in the face of the court — Form 8 10 Contempt other than in the face of the court — Form 47 Division 3 Hearing of applications 11 Hearing date 12 Arrest of respondent for failure to appear at hearing — Form 8 13 Respondent may be held in custody 14 Procedure at hearing 16 Duties of provider of program 17 Relisting for directions Division 4 Information laid before a magistrate 18 Information laid before a magistrate — Form 49A Order 36 Powers of Registrars 1 Exercise of powers and functions of Registrar Division 2 Certain powers of Registrars of the Family Court of Australia 2 Interpretation 5 Power to summon witnesses 6 Protection and immunity Order 36A Delegation of powers to Registrars and Judicial Registrars 2 Delegation of powers to Registrars 3 Delegation of powers to Judicial Registrars 3A Property value exceeding limit — power to determine proceedings 4 Protection and immunity of Judicial Registrar 5 Prescribed times for review 6 Extensions of time 7 Procedure on application for review Order 37 Representation by lawyers 1 Change of lawyer 2 Lawyer not to represent parties with adverse interests Order 38 Costs 3 Interest on outstanding costs Division 2 Notification of costs 4 Notification to party at certain stages in proceeding 5 Notification to party before final hearing 6 Notification to court and other party of costs Division 3 Lawyer’s fees and disbursements 7 Division subject to costs agreement 8 Proper costs 9 Additional charge for skill etc 10 Work not reasonably required for proceeding 11 Charge for each page 12 Copying, postage within Australia and local telephone calls 13 Lawyer and client costs — lawyer acting as counsel 14 Preparation of appeal papers 15 Costs for proceeding not instituted together 16 Work done by employees etc 17 Waiting and travelling time 18 Agent’s fees 19 Expenses for attendance by witness 20 Expenses for preparation of report by expert 21 Costs improperly or negligently incurred 22 Undefended proceeding for dissolution of marriage — basic composite amount Division 4 Fees for counsel’s work 23 Party and party costs — fees for lawyer briefed as counsel 24 Lawyer and client costs — fees for lawyer briefed as counsel 25 Certificate that reasonable to brief lawyer as counsel Division 5 Lawyer and client agreements 26 Agreements as to costs 27 Validity and effect of costs agreements 28 Costs to be in accordance with costs agreement Division 6 Costs orders 29 Application for costs order 30 Assessment of costs 31 Unquantified costs 32 Costs order for specific amount instead of taxed costs 33 Costs order for proceeding in other courts 34 Disallowance of certain costs 35 Costs orders against lawyers Division 7 Accounts and bills 36 Notice of rights 37 Steps before costs may be recovered 38 Requesting and serving bill of costs — lawyer and client 39 Requesting and serving bill of costs — party and party 40 Requirements of bill — Form 56 41 Amendment of bill Division 8 Disputing a bill 42 Notice disputing bill — Form 57 Division 9 Taxing a bill 43 Taxing officers 44 Fixing of taxation hearing 45 Certificate of taxation — no notice of dispute 46 Certificate of taxation — Form 58 47 Disputed taxation hearing 48 Powers of taxing officers 49 Taxation principles 50 Agreement between lawyer and legal aid body 51 Costs to be allowed on taxation 52 Exercise of discretion 53 Allowance for matters not specified 54 Costs improperly, unreasonably or negligently incurred 55 Taxation on party and party basis — counsel’s fees 56 Neglect or delay before taxing officer 57 Costs of taxing a bill 58 Certificate of taxation to be judgment for debt Division 10 Review of taxation 59 Interpretation 60 Review of taxation 61 Time for filing application for review 62 Further evidence 63 Issues that may be raised at hearing of review 64 Powers of court Order 39 Publication of lists 1 Mode of publication 2 Lists to be provided by Registrar 3 Content of lists 5 Interpretation Order 40 Miscellaneous 1 Rate of interest 2 Court may act on certain Commonwealth publications 3 Particulars of employment and earnings 4 Form of bond 6 Frivolous and vexatious proceedings 7 Application for leave Order 41 Corporations jurisdiction Division 2 Applications under the Corporations Act 2001 2 Application of Division 3 Application of Corporations Rules 4 Applications under the Corporations Act 2001 Division 3 Transfer of proceedings under the Corporations Act 2001 7 Application 8 What provisions of these Rules prevail if they are inconsistent? 9 Application for transfer of proceedings under the Corporations Act 2001 10 Content of an application for transfer of proceedings 11 Transfer of proceedings to another court 12 Transfer of proceedings to a Family Court 13 Conduct of transferred proceedings in Family Court Order 1 Preliminary 1 Name of rules \[see Note 1\] These rules are the Family Law Rules 1984. 2 Date of operation and application of Rules (1) These Rules shall come into operation on 2 January 1985. (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. (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.