CTHRepealedLegislation
Family Law Rules 1984
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Order 7 Proceedings for principal relief
2 Filing applications
3 Application for decree of nullity of marriage — Form 2
4 Application for decree of dissolution of marriage — Form 4
5 Application for declaration under section 113 of Act — Form 6
6 Filing of marriage certificate etc with application
7 Fixing of hearing date
8 Response — Form 13
9 Response objecting to jurisdiction — Form 14
10 Time for filing response
11 Response out of time
12 Application for rescission of decree nisi — Form 8
13 Discontinuance of application
Division 2 Proceedings for dissolution of marriage in the absence of parties
14 Hearing in absence of parties
15 Request not to hear proceedings in parties’ absence — Form 10
Order 8 Applications other than for principal relief
2 No affidavits to be filed
Division 2 Application, hearing date and directions hearing
3 Form of application — Form 3 or 8
3AA Use of Forms 3, 3A and 3B
3A Application for interim or procedural order only if final orders sought
4 Application where no Form prescribed — Form 8
5 Application by amendment
6 Contents of application
7 Affidavit in support
9 Hearing dates
10 Hearing date — court of summary jurisdiction
11 Service of application
Division 3 Documents to be filed with application
12 Filing of marriage certificate or other document with application
13 Application seeking financial relief
Division 3A Proceeds of crime orders and forfeiture applications
13A Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)
Division 4 Response and reply
14 Response to application — Form 3A
15 Applicant’s reply in certain circumstances — Form 3B
16 Time for service of response and reply
17 Response to Form 8 application — Form 8A
18 Time to file and serve response to Form 8 application
19 Response objecting to jurisdiction — Form 14
Order 8A Federal Magistrates Court
Division 1 Transfer of proceedings from the Federal Magistrates Court
1 Order must be filed
2 Filing and service
3 Conduct of a transferred proceeding
Division 2 Transfer of proceedings to the Federal Magistrates Court
4 Application for transfer by a party
5 Transfer on court’s own motion
6 Factors to be considered
7 Proceeding transferred to the Federal Magistrates Court
Order 9 Conduct of proceedings other than for principal relief
Division 1 Application
Division 1A Case assessment conference
1A Case assessment conference
1B After case assessment conference
Division 2 Directions hearing
2 Scope of directions hearing
3 Adjournment of directions hearing
Division 3 Amendment
5 Amendment by a party
6 Amendment by the court
7 Time limit for amendment by leave of the court
8 Filing amendment by party
9 Endorsement of amended document
10 Service of amended document
11 Response to amended document
Division 4 Discontinuance
12 Discontinuance — Form 15A
Order 11 Proceedings for maintenance or contribution
Division 2 Applications for maintenance and property
1A Application for spousal maintenance and property
Division 3 Applications for maintenance only
1B Application for maintenance or contribution only — Form 12
2 Hearing date
3 Certain documents not required
3A Application for step-parent to maintain
4 Response — Form 12B
5 Information to be provided
6 Documents to be provided by respondent
7 Hearing
Order 12 Urgent ex parte applications
1 Ex parte applications
2 Form of application
3 Evidence supporting ex parte application
4 Directions for further hearing where no order made
5 Directions for further hearing where order made
Order 13 Oral applications in pending proceedings
1 Oral applications during a hearing
2 Orders without written application
Order 14 Consent orders and orders under section 87 of the Act
Division 1 Consent orders
1 Applications for consent orders
2 Applications for consent orders — Form 12A
3 Completing the application
3A Order for superannuation interest
4 Original and copies of orders sought to be filed with application
5 Filing period — consent lapses after 60 days
6 Who can make consent orders?
7 Application in pending proceedings
8 Written consent by party to proceedings
8A Proposed order for superannuation interest
Division 2 Applications under section 87 of the Act
9 How to apply
10 Documents to be filed by applicant
11 Documents to be filed by respondent
Order 15 Parties and next friends
Division 1 Parties
1 Application for parenting order
2 Person may be joined as party
3 Party may apply to be removed
4 Court may order notice to be given
Division 2 Intervention
5 Intervention in proceedings by a person not a party
6 Intervention by Attorney-General in proceedings generally
7 Child to whom State welfare law applies
Division 3 Proceedings after death
8 Proceedings after death of a person
Division 4 Person needing next friend
9 Definition
10 Instituting, continuing, defending or intervening in proceedings
11 Conduct of proceedings by next friend
12 Service
13 Attorney-General may appoint next friend
14 Court may appoint next friend
15 Application for appointment of next friend (for respondent)
16 Person taken to be appointed next friend
17 Notice of becoming next friend
18 Removal of next friend
19 Costs and expenses of next friend
Order 16 Affidavits
1 Form of affidavit — Form 16
2 Signing of affidavit
3 Affidavit by blind or illiterate person etc
4 Documents attached or exhibited
5 Cover sheet
6 Name of person who prepares or settles affidavit
7 Filing and service of affidavit
8 Affidavit that does not comply with these Rules
9 Striking out of objectionable material
10 Notice to attend for cross-examination
11 Deponent’s attendance and expenses
12 Dates etc to be in figures
13 Two or more deponents
14 Affidavits not to be filed
Order 17 Financial circumstances
2 Superannuation information form and financial statement (Form 17)
3 Full and frank disclosure
4 Production of documents
5 Amendment of statement if circumstances change
Order 18 Service
Division 1 Address for service
1 Address for service — right to be heard in proceedings
2 Giving address for service
3 Change of address for service
4 Notifying other parties of address for service
Division 2 When and how are documents served?
5 When, and on whom, must documents be served?
6 Service by hand
7 Service of applications for divorce or other principal relief
8 Service of summary applications for maintenance
8A Service of application or order for superannuation interest
9 Service of other documents on individuals
10 Service on bodies corporate
10A Service of documents under the corporations jurisdiction
11 Additional requirements for service by post
12 When is a service by post effected?
13 Court’s discretion relating to service
Division 3 Proof of service
14 Acknowledgment of service
15 Affidavit of service
16 Evidence of service of documents
Division 4 Discretion as to service
17 Court may dispense with service of documents
18 Failure to comply with conditions
Order 19 Answers to specific questions
1 Specific questions
2 Number of requests
3 Answer to specific question
4 Service of specific question and answer
5 Answers not required before discovery
6 Order directing party to answer specific question
7 Use of specific question or answer etc
Order 20 Discovery and inspection
1 Mutual and informal discovery
2 Request to make discovery
3 Time for, and form of, discovery
4 Order to make discovery
4A Electronic exchange
5 Production of documents to the court
6 Notice to produce
7 Application for production by other persons
8 Production by other persons
9 Order for particular discovery
10 Inspection of documents produced by order
10A Request for inspection
11 Copies of documents inspected
12 Failure to make discovery or give inspection
13 Documents not discovered or produced
14 Certified copies of documents and entries in books
15 When order not to be made
16 Where production no longer required
17 Costs and expenses of production
18 Tender of reasonable expenses
19 Return after production
20 Interpretation
Order 21 Preservation of property
1 Orders for preservation
2 Entry onto land etc
Order 22 Admissions
1 Voluntary admission
2 Notice to admit facts or documents
3 Admission of documents discovered
Order 23 Children
2 Child party — court may require next friend
3 Application for separate representation
4 Interviews
5 Child as a witness
Order 23A Notification of child abuse or family violence order
1 Filing of notice under section 67Z of the Act
2 Service of notice
3 Informing court of family violence order
4 Variation of Division 11 contact order — Form 23A
Order 23B Special medical procedures
1 Approval of medical procedures for children
2 Who may apply for a medical procedure order?
3 Form of application
4 Respondent to application
5 Affidavits supporting the application
6 Return date of application
7 Proceedings on return day
8 Hearing an application
9 Reasons for decision
Order 24 Conciliation conferences and information sessions
1 Conciliation conferences
2 Documents about financial matters
4 Unresolved issues
5 Information sessions
Order 24A Pre-trial conferences
2 Matters to be considered at pre-trial conference
3 Attendance at pre-trial conference
4 Conduct of pre-trial conference
Order 25 Counselling and family reports
Division 1 Counselling
1 Nomination of person to assist reconciliation
2 Notice or request seeking counselling
3 Advice as to effect of proceedings
4 Form of certificates under subsection 44 (1B) and subsection 44 (1C)
4A Memorandum to the court
Division 2 Family reports
5 Reports of family and child counsellors
Order 25A Mediation
Division 2 Voluntary mediation
2 Form of notice for the help of a mediator
3 Information about mediation
4 Interview to decide whether dispute may be mediated
5 Matters to be taken into account at interview
6 If dispute not to be mediated
Division 3 Mediation ordered by the court
8 Application for order under section 19B of the Act
Division 4 General
10 Conduct of mediation conferences
11 Parties may be attended by lawyers
12 Mediator to advise parties to seek legal advice
13 If a party does not attend a mediation conference
14 If the mediator considers that mediation should not continue
16 Action after mediation
17 Registrar to make directions
18 Court may take mediation into account
20 If matters are resolved at mediation
21 Advice as to effect of proceedings
Order 26 Registration of agreements, State child orders and debts due to the Commonwealth
1 Registration of agreements under the Act
2 Registration of agreements under section 87
3 Registration of State child orders under section 70C or 70D of the Act
4 Registration of debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988
Order 26A Parenting plans
Division 2 Registration of revocation agreements
3 Application of Division
4 Requirements for revocation agreement
5 Application for registration of revocation agreement
6 Court may require service or additional information
7 Application may be heard in chambers
8 Notice of decision in relation to registration
Division 3 Applications in relation to registered parenting plans
16 Application of Division
17 Form of application — Form 8
18 Who may make an application?
19 Respondent to application
20 Service of application
Order 27 Change of venue
1 Change of venue
2 Applications under subsection 40 (6), 41 (4A) or 46 (3A) of the Act
3 Matters to be considered
4 Transmission of papers — subsections 40 (6) and 41 (4A)
4A Transmission of papers — subsection 46 (3A)
5 Transmission of papers — sections 45 and 46 of the Act
6 Transmission of Court papers — generally
Order 28 Subpoenas
1 Issue by Registrar
2 Conduct money
3 Production of books etc and access by parties
4 Application of Order 20 to this Order
6 Time for service
7 Setting aside subpoena
8 Non-compliance — warrant may issue
9 Witnesses’ fees and expenses
10 Interpretation
Division 2 Proceedings to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 applies
11 Application of Division
12 Interpretation
13 Form of subpoena
14 Leave to serve subpoena
15 Contents of affidavit
16 Service of leave application
17 Hearing of leave application
18 Conditions in giving leave
19 Application to set aside subpoena
20 Production of document or thing in accordance with subpoena
21 Non-compliance with subpoena
Order 29 Offers of settlement
1 Filing of copy of offer, acceptance or withdrawal of offer
2 Further offer may be made
Order 30 Evidence
1 Oaths and affirmations
1A Court may give directions
1B Order for adducing evidence
1C Opening and closing addresses
1D Directions for trial management
2 Evidence in chief
2AA Admissibility of affidavits
2AAA Taking evidence by electronic means
2AAB Taking foreign evidence by electronic means
2AB Admissibility of oral evidence
2AC Hearsay evidence — notice under section 67 of the Evidence Act 1995
2A Evidence in interim or procedural applications
4 Transcript receivable in evidence
5 Court may call evidence
6 Order for examination of witness
7 Letters of request
8 Evidence of New Zealand matters
Order 30A Expert evidence
Division 3 Court experts
3 Appointment of court expert
4 Report
5 Cross-examination
6 Remuneration
7 Response to evidence of court expert
Division 4 Limitation of expert evidence
8 Intention to call 2 or more experts — direction by court
Division 5 Conference of experts
9 Evidence of expert witnesses
Order 30B Assessors
1 Court may call in assessors
2 Procedure at hearings with assessors present
3 Remuneration of assessors
Order 31 Decrees
2 Decree of nullity
3 Death of party after decree nisi but before decree absolute
5 Certificate of decree or order
6 Errors in record of decrees
7 Registration of decrees
9 Maintenance orders
10 Form of undertakings
11 When may a lawyer give an undertaking?
Order 31A Jurisdiction under Cross‑vesting Act
2 Cross-vesting provisions to prevail
3 Application for transfer of proceedings
4 Proceedings involving cross-vesting law
5 Transfer under cross-vesting laws
6 Conduct of proceedings in Family Court
Order 31B Child support jurisdiction
Division 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
3 Interpretation
4 Form of application — Form 63 or 64
5 Hearing of application or appeal
6 Service of application or appeal
7 Proceedings in relation to an application or appeal
Division 3 Special provisions relating to specific applications or appeals
8 Provisions of Division 2 still apply
9 Application under subsection 95 (6) of the Assessment Act
10 Application for declaration under subsection 106 (1), 106A (1) or 107 (1) of Assessment Act
11 Appeal against assessment under subsection 110 (1) of Assessment Act
12 Application for order for departure from administrative assessment under section 98, 116, 123 or 129 of Assessment Act
14 Appeal under section 132 of Assessment Act
15 Affidavit to be filed with application under section 140 of the Assessment Act
16 Appeal under section 88 of Registration Act
Division 4 Application for leave to appeal or review
18 Leave to appeal from decision of court of summary jurisdiction
19 Affidavit to be filed with application
20 Hearing date
21 Papers relating to application for leave
22 Service of application for leave to appeal
23 Transmission of papers
24 Hearing
25 Application for leave to appeal
26 Appeals to the Full Court
27 Review of decision of Judicial Registrar
Division 5 Miscellaneous
29 Copies of orders to Child Support Registrar
30 Service by Child Support Registrar
31 Application for counselling
32 Intervention by Child Support Registrar
33 Registration of child support agreements
Order 31C Judiciary Act 1903 — section 78B
1 Notice of a constitutional matter — Form 41B
2 Notice to Attorneys-General — Form 41B
3 Filing of affidavit of service
Order 32 Appeals to Full Court