3Saving provisions

3 Saving provisions (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. (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. (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. (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. (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. (1) In these Rules, unless the contrary intention appears: > ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999. > abuse, in relation to a child, has the meaning given by section 60D of the Act. > Act means the Family Law Act 1975. > address for service, in relation to a person and proceedings, means: (a) an address for service given in the proceedings in relation to the person in accordance with subrule 2 (1) of Order 18; or (b) the address that is taken to be the person’s address for service in the proceedings under subrule 2 (2) of Order 18. > applicant means a person who makes an application. > application means: (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 (b) an application for leave to intervene; and includes a response to an application and a reply. > Assessment Act means the Child Support (Assessment) Act 1989. > birth certificate means: (a) a certificate of a birth or a certified copy of the certificate; or (b) a certified copy of: (i) the entry of a birth in a Register of Births; or (ii) an extract of the entry of a birth in a Register of Births. > bond includes recognisance. > case assessment conference means a conference held in accordance with Order 9, Division 1A. > 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. > 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. > Chief Executive Officer means the Chief Executive Officer of the Family Court of Australia. > Chief Judge has the same meaning as in Part IV of the Act. > Chief Justice means the Chief Judge. > Child Support Registrar has the same meaning as in the Child Support (Registration and Collection) Act 1988. > conciliation conference means a conference held under Order 24. > corporation has the meaning given by the Corporations Act 2001. > 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. > divorce means dissolution of marriage. > 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. > Family Court means the Family Court of Australia or a State Family Court. > filed means filed in accordance with Order 2, rule 4 and file and filing have a corresponding meaning. > 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. > folio means 100 words, in writing. > intervener means, in relation to proceedings, the Attorney-General or any other person when intervening under Part IX of the Act. > lawyer means a solicitor, barrister or other legal practitioner who is entitled to practise in a Family Court. > marriage certificate means: (a) a certificate of a marriage or a certified copy of the certificate; or (b) a certified copy of: (i) the entry of a marriage in a Register of Marriages; or (ii) an extract of the entry of a marriage in a Register of Marriages. > member of the Court personnel has the meaning given by section 60D of the Act. > next friend includes guardian ad litem. > oath includes affirmation. > party, in relation to proceedings, means an applicant, respondent, or an intervener other than an intervener not deemed to be a party. > prescribed child welfare authority has the meaning given by section 60D of the Act. > pre-trial conference means a conference held under Order 24, paragraph 4 (1) (b). > Principal Registrar means the Principal Registrar of the Family Court of Australia. > Register of Births means an official public register of births kept under law. > Register of Marriages means an official public register of marriages kept under law. > Registration Act means the Child Support (Registration and Collection) Act 1988. > registry, in relation to a court, includes an office of the court. > Regulations means the Regulations under the Family Law Act 1975. > respondent means in relation to proceedings, a party to the proceedings other than an applicant. > sealed means sealed with the seal of the court or otherwise endorsed by an officer of the court. > Secretary means the Secretary to the Attorney-General’s Department. > State child order has the meaning given by section 70B of the Act. > superannuation information form, for a property settlement proceeding involving a superannuation interest, means the form approved by the Principal Registrar. > sworn includes affirmed. > trial notice, in relation to proceedings, means a notice issued by the court, setting out orders for the preparation of the proceedings for trial. > Note 1 Several other words and expressions used in these Rules have the meaning given by section 4 of the Act. For example: > Note:  appeal > Note:  Appeal Division > Note:  court > Note:  decree > Note:  DPP > Note:  financial matters > Note:  forfeiture application > Note:  Full Court > Note:  proceedings > Note:  proceeds of crime order > Note:  property settlement or spousal maintenance proceedings > Note:  Registrar. > 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: > Note:  eligible superannuation plan > Note:  flagging order > Note:  member spouse > Note:  non-member spouse > Note:  payment flag > Note:  payment split > Note:  RSA > Note:  splitting order > Note:  superannuation agreement > Note:  superannuation interest > Note:  trustee. > 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. Order 2 Documents and forms 1 Definition of document In 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. 1A Application of Order This 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. 2 Requirements with respect to documents (1) For the purposes of this rule, printed includes: (a) typewritten; or (b) machine printed; or (c) reproduced by mechanical, electronic, photographic or other means. (2) A document that is to be registered or filed must comply with subrule (3) unless: (a) the nature of the document renders compliance impracticable; or (b) the document is in accordance with a form that: (i) is prescribed in these Rules; and (ii) provides for the document to be set out in a manner that does not comply with subrule (3); or (c) under these Rules, the document must comply with a different requirement. (3) A document must: (a) be on durable white opaque paper of good quality, of the size known as ISO A4; and (b) be legible and without erasures, blotting out or material disfigurement; and (c) be: (i) mechanically or electronically printed; or (ii) if permitted by subrule (5), hand-printed in ink; and (d) have a margin at the left hand side of each page of not less than 30 millimetres; and (e) have a space of not less than 6 millimetres between each line and the next; and (f) be set out on only 1 side of the paper; and (g) have each page numbered; and (h) if rule 3 so requires — have a cover sheet in accordance with Form 1, Form 1A or Form 1B, under that rule; and (i) if the document is of more than 1 page, be securely fastened. (4) In a document that is in accordance with Form 4: (a) Parts A and B of the document must both be set out on the same sheet of paper; and (b) Part H (if applicable) and the notice of application must each begin at the top of a page. (4A) In a document that is in accordance with Form 12A: (a) Parts H and I must both be set out on the same sheet of paper; and (b) Parts J and K must both be set out on the same sheet of paper; and (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. (4B) In a document that is in accordance with Form 26A: (a) Parts F and G must both be set out on the same sheet of paper; and (b) Parts D, E, F, H and J must each begin at the top of a page. (5) Any document for which there is a prescribed form (other than an affidavit) may be hand printed. (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. 3 Cover sheet (1) Subject to subrules (2), (3) and (4), a document in accordance with a form in Schedule 1 must not have a cover sheet. (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. (3) An document in accordance with Form 45A, 45B, 63, 64 or 65 must have a cover sheet in accordance with Form 1A. (4) The following documents must have a cover sheet in accordance with Form 1B: (a) a document to which Order 41, subrule 6 (2) applies; (b) an application made under the Corporations Act 2001. (5) If the filing registry in relation to proceedings is changed: (a) the cover sheet; or (b) if a document has no cover sheet — the front page; of a document filed in the proceedings after the change must show the new registry.