CTHRepealedLegislation
Family Law Rules 1984
8Proceedings to be numbered
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8 Proceedings to be numbered
(1) Subject to subrule (3), if:
(a) an application instituting proceedings; or
(b) an agreement or similar document;
is filed or registered, the Registrar must allot the proceedings, or agreement or similar document, a distinctive number.
(2) A document filed in, or issued out of, a registry in connection with particular proceedings must have the distinctive number of the proceedings endorsed on it.
(3) If the Registrar considers it desirable to allot to proceedings the distinctive number already allotted to other proceedings, the Registrar may do so.
Order 3 Time
1 Computation of time
(1) A period of time fixed by these Rules shall be reckoned in accordance with this rule.
(2) Except as ordered by the court, time runs in connexion with proceedings during a period during which a registry of the court is not open.
(3) Where a period of time of or exceeding one day in length is to be reckoned by reference to a particular day or to the occurrence of a particular event, that day, or the day on which that event occurs, as the case may be, shall not be counted.
(4) Subject to rule 5 of Order 18, if the last day for:
(a) filing a document; or
(b) serving or delivering a document the copy of which for service or delivery is required by these Rules to be, but has not been, sealed;
is a day on which the filing registry is closed, the document may be filed, served or delivered, as the case requires, on the next day on which the filing registry is open.
(5) Where apart from this Rule, a period of time specified in a decree, being a period of 5 days or less, would include a day on which the filing registry is closed, that day shall be excluded from the reckoning of that period of time.
(6) A reference in subrule (4) to filing registry shall be read, in a case where proceedings have not yet been instituted, as a reference to the appropriate registry of the court in which the proceedings are to be instituted.
2 Meaning of month
In a decree, in any document in any proceedings and in these Rules, unless the context or subject matter otherwise indicates or requires, month means calendar month.
3 Extension or shortening of time
The court, or a Registrar, on terms that the court or Registrar thinks fit, may extend or shorten the time fixed by:
(a) these Rules; or
(b) a decree or order;
for doing, or refraining from doing, any act or thing in relation to proceedings, even if the time fixed has passed.
Order 4 General
1 Dispensing with compliance
The court, or a Registrar, may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance has arisen.
1A Failure to comply with Rules or court orders
Subject to any dispensation under rule 1, if a party does not do all things required by the Rules, or by an order of the court, the court, or a Registrar, may:
(a) dismiss the application or response; or
(b) stay the proceedings, or part of the proceedings; or
(c) make any other order the court, or the Registrar, thinks fit.
2 Court to give directions in cases of doubt or difficulty
Where the court is satisfied in the circumstances of a particular case that:
(a) the provisions of the Act, the Regulations or these Rules do not make adequate provision for a matter of practice or procedure; or
(b) a difficulty arises or doubt exists as to a matter of practice or procedure;
it may give such directions with respect to the practice and procedure to be followed in the case as it considers necessary.
3 Stay of proceedings
A court may order a stay of proceedings before it upon such terms as it thinks fit.
4 Need for prompt and inexpensive resolution of matters
A court or a Registrar exercising jurisdiction under these Rules shall have regard to the need to provide a prompt and inexpensive resolution of the matters in issue between the parties.
5 Reasons for decision published after decree
(1) Where a decree is pronounced by a court the reasons for the decision may be delivered at a later date by publication to a Registrar.
(2) Where the reasons for a decision are delivered under subrule (1), a party to the proceedings is entitled to one copy of the reasons.
7 Right of appearance
(1) Subject to subrule (1A), a party to proceedings, or a person entitled to take proceedings for, or for the enforcement or confirmation of, a decree (including a member of the Court personnel) may appear personally or by representation by a lawyer.
(1A) A corporation that is entitled to appear in proceedings may appear only by representation by a lawyer.
(2) An authority entitled to take proceedings for, or for the enforcement or confirmation of, a decree may be represented by an officer of the authority or by a lawyer.
8 Proceedings in chambers
(1) This rule applies to proceedings relating to a matrimonial cause other than the final hearing in contested proceedings.
(2) A court may exercise in chambers any jurisdiction conferred on it and any sitting held in chambers shall be as valid and effectual as if it were held in open court.
(3) A court may adjourn the hearing of proceedings from chambers to open court and from open court to chambers.