33Registration of child support agreements

33 Registration of child support agreements (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. (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: (a) a copy of the agreement, or of the provisions of the agreement, to be registered; and (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. (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. (2A) The notice must specify: (a) the court in which the provisions, or the agreement containing those provisions, is registered; and (b) the date on which registration took place. (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. Order 31C Judiciary Act 1903 — section 78B 1 Notice of a constitutional matter — Form 41B (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. (2) Notice of a constitutional matter must state: (a) the nature of the matter; and (b) the facts showing that the matter is one to which subrule (1) applies. (3) Notice of a constitutional matter must be in accordance with Form 41B. 2 Notice to Attorneys-General — Form 41B If 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. 3 Filing of affidavit of service The 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. Order 32 Appeals to Full Court 1A Application of Order 32 This Order applies to an appeal to the Full Court of the Family Court of Australia. (1) In this Order, unless the contrary intention appears: > appeal means an appeal to the Full Court of the Family Court of Australia under: (a) subsection 94 (1), 94 (1AA) or 94AAA (1) of the Act; or (b) subsection 102 (1), 102 (2) or 102A (1) of the Assessment Act; or (c) subsection 107 (1), 107 (1A) or 107A (1) of the Registration Act. > Appeal Registrar, in relation to an appeal, means the Registrar at the Appeal Registry for that appeal. > Appeal Registry, in relation to an appeal, means the Registry determined to be the Registry for that appeal. > Regional Appeal Registrar, in relation to an appeal, means the Registrar at the Regional Appeal Registry for the appeal. > Regional Appeal Registry means: (a) for an appeal other than an appeal from the Federal Magistrates Court: (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 (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 (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 (b) for an appeal from the Federal Magistrates Court: (i) if the appeal is from a decree made in proceedings heard in the Northern Territory or Queensland — the Brisbane Registry; and (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 (iii) if the appeal is from a decree made in proceedings heard in South Australia, Tasmania or Victoria — the Melbourne Registry. (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. 2 Institution of appeal (i) a notice of appeal in accordance with Form 42; and (ii) 2 copies of the notice; and (iii) a copy of the decree appealed from; or (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. (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). (3) If a notice of appeal is sent by fax, it must be sent with a cover sheet that clearly states: (4) If a notice of appeal is sent by e‑mail, the sender must: (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. (5) If a notice of appeal sent by fax or e‑mail is accepted for filing, it is taken to be filed: (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 > 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. (6) An appeal must be instituted within 28 days after the day on which the decree appealed from was made. (7) A notice of appeal must: (a) state whether the appeal is from the whole or part of the order; and (b) if the appeal is from part of the order — specify the part appealed from; and (c) set out briefly but specifically the grounds relied on in support of the appeal; and (d) specify the order sought in the appeal in place of the order appealed from. 2AA Referral to Chief Justice (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. (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. (3) If the jurisdiction of the Family Court in relation to the appeal is to be exercised: (a) by a Full Court — this Order applies to the appeal; and (b) by a single Judge — Order 32B applies to the appeal. 2A Documents filed in connection with appeal — Form 41C (1) Unless otherwise specified, a document filed in connection with an appeal must be headed in accordance with Form 41C. (2) Subrule (1) does not apply to a document that is prepared in accordance with Form 41B, 42, 42A, 42B or 43. 3 Service of notice of appeal (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. (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. (2) Where an appeal has been instituted: (a) the Judge or Federal Magistrate who made the decree appealed from; or (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; 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. 3A Child welfare appeals — child’s representative (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. (2) The child’s representative may appear at the hearing of the appeal. 4 Stay of proceedings (1) Subject to subrule (2), an appeal does not operate as a stay of proceedings or invalidate any intermediate act or proceedings. (2) Where an appeal has been instituted: (a) the Judge or Federal Magistrate who made the decree appealed from; or (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; may 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. (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. 6 Amendment of notice of appeal (1) An appellant may amend a notice of appeal: (a) by filing in the Regional Appeal Registry 3 copies of the notice with the amendments clearly marked; or (b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the notice with the amendments clearly marked. (2) If a copy of an amended notice is sent by fax or e-mail: (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 (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. (3) An appellant may amend a notice of appeal: (a) if the amendment is made before the date fixed for the directions hearing — without leave; and (b) if the amendment is made on or after the date fixed for the directions hearing — with the leave of: (i) the Full Court; or (ii) a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge). (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: 7 Cross-appeals (1) A party to an appeal may institute a cross-appeal: (a) by filing in the Regional Appeal Registry for the matter: (i) a notice of appeal in accordance with Form 42 endorsed as a notice of cross-appeal; and (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. (2) A cross-appeal must be instituted: (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 (b) within such further time as a Judge orders. (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. (4) Rules 4, 7A to 7F and 16 to 19A apply to a cross-appeal as if it were an appeal.