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Family Law Rules 2004
Division 15.3.2Production of documents and access by parties
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## Part 13.1—Disclosure between parties
### Division 13.1.1—General duty of disclosure
#### 13.01 General duty of disclosure
(1) Subject to subrule (3), each party to a case has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner.
> Note: Failure to comply with the duty may result in the court excluding evidence that is not disclosed or imposing a consequence, including punishment for contempt of court. This Chapter sets out a number of ways that a party is either required, or can be called upon, to discharge the party’s duty of disclosure, including:
(a) disclosure of financial circumstances (see Division 13.1.2);
(b) disclosure and production of documents (see Division 13.2.1); and
(c) disclosure by answering specific questions in certain circumstances (see Part 13.3).
(2) The duty of disclosure starts with the pre‑action procedure for a case and continues until the case is finalised.
> Note: The duty of disclosure applies to a case guardian for a child and a person with a disability (see subrule 6.13(2)).
(3) This rule does not apply to a respondent in an application alleging contravention or contempt.
### Division 13.1.2—Duty of disclosure—financial cases
#### 13.02 Purpose of Division 13.1.2
(1) This Division sets out the duty of disclosure required by parties to a financial case.
(2) This Division does not apply to a party to a property case who is not a party to the marriage or de facto relationship to which the application relates, except to the extent that the party’s financial circumstances are relevant to the issues in dispute.
#### 13.03 Definition
In this Division:
> party to a financial case includes a payee or other respondent to an enforcement application.
#### 13.04 Full and frank disclosure
(1) A party to a financial case must make full and frank disclosure of the party’s financial circumstances, including:
(a) the party’s earnings, including income that is paid or assigned to another party, person or legal entity;
(b) any vested or contingent interest in property;
(c) any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party;
(d) any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity;
(e) the party’s other financial resources;
(f) any trust:
(i) of which the party is the appointor or trustee;
(ii) of which the party, the party’s child, spouse or de facto spouse is an eligible beneficiary as to capital or income;
(iii) of which a corporation is an eligible beneficiary as to capital or income if the party, or the party’s child, spouse or de facto spouse is a shareholder or director of the corporation;
(iv) over which the party has any direct or indirect power or control;
(v) of which the party has the direct or indirect power to remove or appoint a trustee;
(vi) of which the party has the power (whether subject to the concurrence of another person or not) to amend the terms;
(vii) of which the party has the power to disapprove a proposed amendment of the terms or the appointment or removal of a trustee; or
(viii) over which a corporation has a power mentioned in any of subparagraphs (iv) to (vii), if the party, the party’s child, spouse or de facto spouse is a director or shareholder of the corporation;
(g) any disposal of property (whether by sale, transfer, assignment or gift) made by the party, a legal entity mentioned in paragraph (c), a corporation or a trust mentioned in paragraph (f) that may affect, defeat or deplete a claim:
(i) in the 12 months immediately before the separation of the parties; or
(ii) since the final separation of the parties; and
(h) liabilities and contingent liabilities.
(2) Paragraph (1)(g) does not apply to a disposal of property made with the consent or knowledge of the other party or in the ordinary course of business.
(3) In this rule:
> legal entity means a corporation (other than a public company), trust, partnership, joint venture business or other commercial activity.
> Note: The requirements in this rule are in addition to the requirements in rules 12.02 and 12.05 to exchange certain documents before a conference in a property case.
#### 13.05 Financial statement
(1) A party starting, or filing a response or reply to, a financial case (other than by an Application for Consent Orders) must file a Financial Statement at the same time.
(2) If a party is aware that the completion of a Financial Statement will not fully discharge the duty to make full and frank disclosure, the party must also file an affidavit giving further particulars.
> Note: The court may order a party to file an affidavit giving further particulars in relation to the party’s financial affairs.
#### 13.06 Amendment of Financial Statement
If a party’s financial circumstances have changed significantly from the information set out in the Financial Statement or the affidavit filed under rule 13.05, the party must, within 21 days after the change of circumstances, file:
(a) a new Financial Statement; or
(b) if the amendments can be set out clearly in 300 words or less—an affidavit containing details about the party’s changed financial circumstances.
## Part 13.2—Duty of disclosure—documents
### Division 13.2.1—Disclosure of documents—all cases
#### 13.07 Duty of disclosure—documents
The duty of disclosure applies to each document that:
(a) is or has been in the possession, or under the control, of the party disclosing the document; and
(b) is relevant to an issue in the case.
> Note 1: For documents that parties must produce to the court:
(a) on the first court date for a Maintenance Application, see rule 4.15;
(b) on the first court date for a child support application or appeal, see rule 4.26(2);
(c) at a conference in a property case, see Part 12.2; and
(d) at a trial, see Chapters 15 and 16.
> Note 2: Rule 13.15 provides that a party must file a written notice about the party’s duty of disclosure.
> Note 3: Rule 15.76 provides that a party may give another party a notice to produce a specified document at a hearing or trial.
#### 13.07A Use of documents
A person who inspects or copies a document, in relation to a case, under these Rules or an order:
(a) must use the document for the purpose of the case only; and
(b) must not otherwise disclose the contents of the document, or give a copy of it, to any other person without the court’s permission.
#### 13.08 Inspection of documents
(1) A party may, by written notice, require another party to provide a copy of, or produce for inspection, a document referred to:
(a) in a document filed or served by a party on another party or independent children’s lawyer; or
(b) in correspondence prepared and sent by or to another party or independent children’s lawyer.
(2) A party required to provide a copy of a document must provide the copy within 21 days after receiving the written notice.
#### 13.09 Production of original documents
A party may, by written notice, require another party to produce for inspection an original document if the document is a document that must be produced under the duty of disclosure.
#### 13.10 Disclosure by inspection of documents
(1) If a party is required to produce a document for inspection under rule 13.08 or 13.09, the party must:
(a) notify, in writing, the party requesting the document of a convenient place and time to inspect the document;
(b) produce the document for inspection at that place and time; and
(c) allow copies of the document to be made, at the expense of the party requesting it.
(2) The time fixed under paragraph (1)(a) must be within 21 days after the party receives a written notice under rule 13.08 or 13.09 or as otherwise agreed.
> Note: The court may shorten or extend the time for compliance with a rule (see rule 1.14).
#### 13.11 Costs for inspection
A party who fails to inspect a document under a notice given under rule 13.08 or 13.09 or paragraph 13.20(3)(a) may not later do so unless the party tenders an amount for the reasonable costs of providing another opportunity for inspection.
> Note: The court may, on application, order that a party not pay costs (see rule 1.12).
#### 13.12 Documents that need not be produced
Subject to rule 15.55, a party must disclose, but need not produce to the party requesting it:
(a) a document for which there is a claim for privilege from disclosure; or
(b) a document a copy of which is already disclosed, if the copy contains no change, obliteration or other mark or feature that is likely to affect the outcome of the case.
> Note: Rule 13.13 sets out the requirements for challenging a claim of privilege from disclosure.
#### 13.13 Objection to production
(1) This rule applies if:
(a) a party claims:
(i) privilege from production of a document; or
(ii) that the party is unable to produce a document; and
(b) another party, by written notice, challenges the claim.
(2) The party making the claim must, within 7 days after the other party challenges the claim, file an affidavit setting out details of the claim.
> Note: If there is a dispute about disclosure, an application may be made to the court (see rules 13.18 and 13.22).
#### 13.14 Consequence of non‑disclosure
If a party does not disclose a document as required under these Rules:
(a) the party:
(i) must not offer the document, or present evidence of its contents, at a hearing or trial without the other party’s consent or the court’s permission;
(ii) may be guilty of contempt for not disclosing the document; and
(iii) may be ordered to pay costs; and
(b) the court may stay or dismiss all or part of the party’s case.
> Note 1: Under rule 15.76, a party who discloses a document under this Part must produce the document at the trial if a notice to produce has been given.
> Note 2: Section 112AP of the Act sets out the court’s powers in relation to contempt of court.
#### 13.15 Undertaking by party
(1) A party (except an independent children’s lawyer) must file a written notice:
(a) stating that the party:
(i) has read Parts 13.1 and 13.2 of these Rules; and
(ii) is aware of the party’s duty to the court and each other party (including any independent children’s lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner;
(b) undertaking to the court that, to the best of the party’s knowledge and ability, the party has complied with, and will continue to comply with, the duty of disclosure; and
(c) acknowledging that a breach of the undertaking may be contempt of court.
(2) A party commits an offence if the party makes a statement or signs an undertaking the party knows, or should reasonably have known, is false or misleading in a material particular.
Penalty: 50 penalty units.
> Note: Subrule (2) is in addition to the court’s powers under section 112AP of the Act relating to contempt and the court’s power to make an order for costs.
(3) If the court makes an order against a party under section 112AP of the Act in respect of a false or misleading statement mentioned in subrule (2), the party must not be charged with an offence against subrule (2) in respect of that statement.
(4) A notice under subrule (1) must comply with subrule 24.01(1) and be as follows:
‘This Notice is filed in accordance with rule 13.15 of the Family Law Rules 2004.
I \[insert name\]:
(a) have read Parts 13.1 and 13.2 of the Family Law Rules 2004;
(b) am aware of my duty to the court and to each other party (including any independent children’s lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner; and
(c) undertake to the court that, to the best of my knowledge and ability, I have complied with, and will continue to comply with, my duty of disclosure.
I understand the nature and terms of this undertaking and that if I breach the undertaking, I may be guilty of contempt of court.
| …………………………………… | …………………………………… |
| -------------------------------------- | -------------------------------------- |
| (signature of person making statement) | (full name of person making statement) |
| …………………………………… | |
| (date of signature) | |
| …………………………………… | …………………………………… |
| (signature of witness) | (full name of witness) |
| …………………………………… | |
| (date of signature) | |
> Note 1: For the consequences of failing to comply with this rule, see rule 11.02.
> Note 2: A party who breaches an undertaking may be found guilty of contempt of court and may be punished by imprisonment (see section 112AP of the Act).
#### 13.16 Time for filing undertaking
A notice under rule 13.15 must be filed at least 28 days before the first day before the Judge.
> Note: The court may shorten or extend the time for compliance with a rule (see rule 1.14).
### Division 13.2.2—Disclosure of documents—certain applications
#### 13.17 Application of Division 13.2.2
This Division applies to the following applications:
(a) an application for divorce;
(b) an Application in a Case;
(c) an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment;
(d) a Maintenance Application;
(e) a child support application or appeal;
(f) a Contravention Application;
(g) a Contempt Application.
#### 13.18 Party may seek order about disclosure
A party to an application to which this Division applies may seek only the following orders about disclosure:
(a) that another party deliver a copy of a document;
(b) that another party produce a document for inspection by another party.
### Division 13.2.3—Disclosure of documents—Initiating Applications (Family Law)
#### 13.19 Application of Division 13.2.3
(1) This Division applies to all Initiating Applications (Family Law), except:
(a) an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment;
(b) a Maintenance Application;
(c) a child support application or appeal; or
(d) an Initiating Application (Family Law) seeking an interim, procedural, ancillary or other incidental order.
(2) This Division does not affect:
(a) the right of a party to inspect a document, if the party has a common interest in the document with the party who has possession or control of the document;
(b) another right of access to a document other than under this Division; or
(c) an agreement between the parties for disclosure by a procedure that is not described in this Division.
#### 13.20 Disclosure by service of a list of documents
(1) After a case has been allocated to a first day before the Judge, a party (the requesting party) may, by written notice, ask another party (the disclosing party) to give the requesting party a list of documents to which the duty of disclosure applies.
(2) The disclosing party must, within 21 days after receiving the notice, serve on the requesting party a list of documents identifying:
(a) the documents to which the duty of disclosure applies;
(b) the documents no longer in the disclosing party’s possession or control to which the duty would otherwise apply (with a brief statement about the circumstances in which the documents left the party’s possession or control); and
(c) the documents for which privilege from production is claimed.
> Note: Rule 13.07 sets out the documents to which the duty of disclosure applies.
(3) The requesting party may, by written notice, ask the disclosing party to:
(a) produce a document for inspection; or
(b) provide a copy of a document.
(4) The disclosing party must, within 14 days after receiving a notice under paragraph (3)(b), give the requesting party, at the requesting party’s expense, the copies requested, other than copies of documents:
(a) in relation to which privilege from production is claimed; or
(b) that are no longer in the disclosing party’s possession or control.
(5) If a document that must be disclosed is located by, or comes into the possession or control of, a disclosing party after disclosure under subrule (2), the party must disclose the document within 7 days after it is located or comes into the party’s possession or control.
> Note: Rule 13.07 sets out the documents to which the duty of disclosure applies.
#### 13.21 Disclosure by inspection of documents
(1) This rule applies if:
(a) a party has requested the production of a document for inspection under paragraph 13.20(3)(a); or
(b) it is not convenient for a disclosing party to provide copies of documents under paragraph 13.20(3)(b) because of the number and size of the documents.
(2) The disclosing party must, within 14 days after receiving the notice under subrule 13.20(3):
(a) notify the requesting party, in writing, of a convenient place and time at which the documents may be inspected;
(b) produce the documents for inspection at that place and time; and
(c) allow copies of the documents to be made at the requesting party’s expense.
#### 13.22 Application for order for disclosure
(1) A party may seek an order that:
(a) another party comply with a request for a list of documents in accordance with rule 13.20;
(b) another party disclose a specified document, or class of documents, by providing to the other party a copy of the document, or each document in the class, for inspection by the other party;
(c) another party produce a document for inspection;
(d) a party file an affidavit stating:
(i) that a specified document, or class of documents, does not exist or has never existed; or
(ii) the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of that party; or
(e) the party be partly or fully relieved of the duty of disclosure.
(2) A party making an application under subrule (1) must satisfy the court that the order is necessary for disposing of the case or an issue or reducing costs.
> Note 1: Before making an application under this Chapter, a party must make a reasonable and genuine attempt to settle the issue to which the application relates (see rule 5.03).
> Note 2: An application under this Chapter is made by filing an Application in a Case and an affidavit (see rules 5.01 and 5.02). The court may allow an oral application at the conciliation conference or another court event.
(3) In making an order under subrule (1), the court may consider:
(a) whether the disclosure sought is relevant to an issue in dispute;
(b) the relative importance of the issue to which the document or class of documents relates;
(c) the likely time, cost and inconvenience involved in disclosing a document or class of documents taking into account the amount of the property, or complexity of the corporate, trust or partnership interests (if any), involved in the case; and
(d) the likely effect on the outcome of the case of disclosing, or not disclosing, the document or class of documents.
(4) If the disclosure of a document is necessary for the purpose of resolving a case at the conciliation conference, a party (the requesting party) may, at the first court event, seek an order that another party:
(a) provide a copy of the document to the requesting party; or
(b) produce the document to the requesting party for inspection and copying.
(5) The court may only make an order under subrule (4) in exceptional circumstances.
(6) If a party objects to the production of a document for inspection or copying, the court may inspect the document to decide the objection.
#### 13.23 Costs of compliance
If the cost of complying with the duty of disclosure would be oppressive to a party, the court may order another party to:
(a) pay the costs;
(b) contribute to the costs; or
(c) give security for costs.
#### 13.24 Electronic disclosure
The court may make an order directing disclosure of documents by electronic communication.
## Part 13.3—Answers to specific questions
#### 13.25 Application of Part 13.3
This Part applies to all applications seeking final orders, except:
(a) an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment;
(b) a Maintenance Application;
(c) a child support application or appeal; or
(d) an Initiating Application (Family Law) seeking an interim, procedural, ancillary or other incidental order.
#### 13.26 Service of specific questions
(1) After a case has been allocated to a first day before a Judge, a party (the requesting party) may serve on another party (the answering party) a request to answer specific questions.
(2) A party may only serve one set of specific questions on another party.
(3) The specific questions must:
(a) be in writing;
(b) be limited to 20 questions (with each question taken to be one specific question); and
(c) not be vexatious or oppressive.
(4) If an answering party is required, by a written notice served under rule 13.20 or an order, to give the requesting party a list of documents, the answering party is not required to answer the questions until the time for disclosure under Part 13.2 or an order has expired.
(5) The requesting party must serve a copy of any request to answer specific questions on all other parties.
#### 13.27 Answering specific questions
(1) A party on whom a request to answer specific questions is served must answer the questions in an affidavit that is filed and served on each person to be served within 21 days after the request was served.
(2) The party must, in the affidavit:
(a) answer, fully and frankly, each specific question; or
(b) object to answering a specific question.
(3) An objection under paragraph (2)(b) must:
(a) specify the grounds of the objection; and
(b) briefly state the facts in support of the objection.
#### 13.28 Orders in relation to specific questions
(1) A party may apply for an order:
(a) that a party comply with rule 13.27 and answer, or further answer, a specific question served on the party under rule 13.26;
(b) determining the extent to which a question must be answered;
(c) requiring a party to state specific grounds of objection;
(d) determining the validity of an objection; or
(e) that a party who has not answered, or who has given an insufficient answer, to a specific question be required to attend court to be examined.
(2) In considering whether to make an order under subrule (1), the court may take into account whether:
(a) the requesting party is unlikely, at the trial, to have another reasonably simple and inexpensive way of proving the matter sought to be obtained by the specific questions;
(b) answering the questions will cause unacceptable delay or undue expense; and
(c) the specific questions are relevant to an issue in the case.
## Part 13.4—Information from non‑parties
### Division 13.4.1—Employment information
#### 13.29 Purpose of Division 13.4.1
This Division sets out the information a party may require from an employer of a party to a financial case.
#### 13.30 Employment information
(1) The court may order a party to advise the court, in writing, within a specified time, of:
(a) the name and address of the party’s employer or, if the party has more than one employer, each of those employers; and
(b) other information the court considers necessary to enable an employer to identify the party.
(2) Subrule (3) applies if:
(a) a party (the requesting party) requests the employer of another party (the employee) to give particulars about:
(i) the employer’s indebtedness to the employee;
(ii) the employee’s present rate of earnings, or of all the earnings of the employee that became payable during a specified period; or
(iii) the employee’s conditions of employment; and
(b) the employer refuses, or fails to respond to, the requesting party’s request.
(3) The requesting party may apply for an order that the employer advise the court, in writing, within a specified time, of the particulars mentioned in paragraph (2)(a).
> Note: A document purporting to be a statement within the meaning of subrule (1) or (2) may be admitted as evidence of its contents (see section 48 of the Evidence Act 1995). However, subject to sections 4 and 5 of the Evidence Act 1995, that Act does not apply to the Family Court of Western Australia or any other court of a State.
Chapter 14—Property orders
> Note: Summary of Chapter 14
> Note: Chapter 14 sets out the procedure to be taken in property cases to obtain orders for inspection, detention, possession, valuation, insurance, preservation of property and with respect to a superannuation interest.
> Note: An application made under this Chapter must be in an Initiating Application (Family Law) seeking interim, procedural, ancillary or incidental orders, or an Application in a Case (see Chapter 5 for the procedure).
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
#### 14.01 Orders about property
(1) The court may make an order for the inspection, detention, possession, valuation, insurance or preservation of property if:
(a) the order relates to the property of a party, or a question may arise about the property in a case; and
(b) the order is necessary to allow the proper determination of a case.
(2) The court may order a party:
(a) to sell or otherwise dispose of property that will deteriorate, decay or spoil; and
(b) to deal with the proceeds of the sale or disposal in a certain way.
(3) A party may ask the court to make an order in relation to property authorising a person to:
(a) enter, or to do another thing to gain entry or access to, the property;
(b) make observations, and take photographs, of the property;
(c) observe or read images or information contained in the property including, for example, playing a tape, film or disk, or accessing computer files; or
(d) copy the property or information contained in the property.
(4) If the court makes an order under this rule, it may also order a party to pay the costs of a person who is not a party to the case and who must comply with the order.
(5) The court may make an order under subrule (1) binding on, or otherwise affecting, a person who is not a party to a case.
> Note: For the procedure for making an application for interim, procedural, ancillary or other incidental orders, see Chapter 5.
#### 14.02 Service of application
(1) A party who has applied for an order under rule 14.01 must:
(a) make a reasonable attempt to find out who has, or claims to have, an interest in the property to which the application relates; and
(b) serve the application and any supporting affidavits on that person.
(2) The court may allow an application for an order under this Part to be made without notice.
#### 14.03 Inspection
A party may apply for an order that the court inspect a place, process or thing, or witness a demonstration, about which a question arises in a case.
> Note: For the procedure for making an application in a case, see Chapter 5.
#### 14.04 Application for Anton Piller order
(1) A party may apply for an Anton Piller order:
(a) requiring a respondent to permit the applicant, alone or with another person, to enter the respondent’s premises and inspect or seize documents or other property;
(b) requiring the respondent to disclose specific information relevant to the case; and
(c) restraining the respondent, for a specified period of no more than 7 days, from informing anyone else (other than the respondent’s lawyer) that the order has been made.
(2) The applicant may apply for an Anton Piller order without notice to the respondent.
(3) An application for an Anton Piller order must be supported by an affidavit that includes:
(a) a description of the document or property to be seized or inspected;
(b) the address of the premises where the order is to be carried out;
(c) the reason the applicant believes the respondent may remove, destroy or alter the document or property unless the order is made;
(d) a statement about the damage the applicant is likely to suffer if the order is not made;
(e) a statement about the value of the property to be seized; and
(f) if permission is granted, the name of the person (if any) who the applicant wishes to accompany the applicant to the respondent’s premises.
> Note: For the procedure for making an application for interim, procedural, ancillary or other incidental orders, see Chapter 5.
(4) If an Anton Piller order is made, the applicant must serve a copy of it on the respondent when the order is acted on.
#### 14.05 Application for Mareva order
(1) A party may apply for a Mareva order restraining another person from removing property from Australia, or dealing with property in or outside Australia, if:
(a) the order will be incidental to an existing or prospective order made in favour of the applicant; or
(b) the applicant has an existing or prospective claim that is able to be decided in Australia.
(2) The applicant must file with the application an affidavit that includes:
(a) a description of the nature and value of the respondent’s property, so far as it is known to the applicant, in and outside Australia;
(b) the reason why the applicant believes:
(i) property of the respondent may be removed from Australia; and
(ii) dealing with the property should be restrained by order;
(c) a statement about the damage the applicant is likely to suffer if the order is not made;
(d) a statement about the identity of anyone, other than the respondent, who may be affected by the order and how the person may be affected; and
(e) if the application is made under paragraph (1)(b), the following information about the claim:
(i) the basis of the claim;
(ii) the amount of the claim;
(iii) if the application is made without notice to the respondent, a possible response to the claim.
> Note: For the procedure for making an application for interim, procedural, ancillary or other incidental orders, see Chapter 5.
#### 14.06 Notice to superannuation trustee
(1) This rule applies in a property case if:
(a) a party seeks an order to bind the trustee of an eligible superannuation plan; and
(b) the case has been listed for the first day before the Judge.
(2) The party must, not less than 28 days before the first day before the Judge, notify the trustee of the eligible superannuation plan in writing of the terms of the order that will be sought at the trial to bind the trustee, and the date of the trial.
(3) If the court makes an order binding the trustee of an eligible superannuation plan, the party that sought the order must serve a copy of the order on the trustee of the eligible superannuation plan in which the interest is held.
> Note 1: Subrule 7.13(2) sets out how to prove service of a copy of an order.
> Note 2: Eligible superannuation plan is defined in section 90MD of the Act.
#### 14.07 Notice about intervention under Part VIII or VIIIAB of Act
(1) A person who applies for an order under Part VIII of the Act must serve a written notice on each person mentioned in subsection 79(10) of the Act.
(2) A person who applies for an order under Part VIIIAB of the Act must serve a written notice on each person mentioned in subsection 90SM(10) of the Act.
(3) The notice must:
(a) state that the person to whom the notice is addressed may be entitled to become a party to the case under the subsection of the Act for which the notice is served;
(b) include a copy of the application for the order sought; and
(c) state the date of the next relevant court event.
Chapter 15—Evidence
> Note: Summary of Chapter 15
> Note: Chapter 15 sets out rules about evidence generally and in relation to children, affidavits, subpoenas, assessors and expert witnesses. Evidence adduced at a hearing or trial must be admissible in accordance with the provisions of the Act, the Evidence Act 1995 and these Rules. Note, though, that, subject to sections 4 and 5 of the Evidence Act 1995, that Act does not apply to the Family Court of Western Australia or any other court of a State.
> Note: A person may be prosecuted for knowingly making a false statement in evidence (see section 35 of the Crimes Act 1914).
> Note: Sections 69ZT to 69ZX of the Act apply to a case to which Division 12A of Part VII of the Act applies.
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
#### 15.01 Definition
In this Chapter:
> relevant date, for an affidavit, report or document proposed to be entered into evidence, means the earlier of:
(a) the first day of the trial in which the affidavit, report or document is to be relied on in evidence; or
(b) the first day when the affidavit, report or document is to be relied on in evidence.
## Part 15.1—Children
#### 15.02 Restriction on child’s evidence
(1) A party applying to adduce the evidence of a child under section 100B of the Act must file an affidavit that:
(a) sets out the facts relied on in support of the application;
(b) includes the name of a support person; and
(c) attaches a summary of the evidence to be adduced from the child.
> Note: For the procedure for making an application in a case, see Chapter 5.
(2) If the court makes an order in relation to an application mentioned in subrule (1), it may order that:
(a) the child’s evidence be given by way of affidavit, video conference, closed circuit television or other electronic communication; and
(b) a person named in the order as a support person be present with the child when the child gives evidence.
> Note: Subsections 100B(1) and (2) of the Act provide that a child (other than a child who is, or is seeking to become, a party to a case) must not swear an affidavit and must not be called as a witness or remain in court unless the court otherwise orders.
#### 15.04 Family reports
If a family report is prepared in a case, the court may:
(a) release copies of the report to each party, or the party’s lawyer, and to an independent children’s lawyer;
(b) receive the report in evidence;
(c) permit oral examination of the person making the report; and
(d) order that the report not be released to a person or that access to the report be restricted.
## Part 15.2—Affidavits
Note: The filing of an affidavit does not make it become evidence. It is only when the affidavit is relied upon by a party at a hearing or trial that it becomes, for that hearing or trial (subject to any rulings on admissibility), part of the evidence.
#### 15.05 No general right to file affidavits
A party may file an affidavit without the leave of the court only if a provision of the Rules or an order of the court allows the affidavit to be filed in that way.
#### 15.06 Reliance on affidavits
An affidavit filed with an application may be relied on in evidence only for the purpose of the application for which it was filed.
> Note: The court may dispense with compliance with a rule (see rule 1.12).
#### 15.08 Requirements for affidavits
(1) An affidavit must:
(a) be divided into consecutively numbered paragraphs, with each paragraph being, as far as possible, confined to a distinct part of the subject matter;
(b) state, at the beginning of the first page:
(i) the file number of the case for which the affidavit is sworn;
(ii) the full name of the party on whose behalf the affidavit is filed; and
(iii) the full name of the deponent;
(c) have a statement at the end specifying:
(i) the name of the witness before whom the affidavit is sworn and signed; and
(ii) the date when, and the place where, the affidavit is sworn and signed; and
(d) bear the name of the person who prepared the affidavit.
> Note: An affidavit must comply with subrule 24.01(1), including being legibly printed by machine.
(2) A document that is to be used in conjunction with an affidavit and tendered in evidence in a proceeding:
(a) must be identified in the affidavit; and
(b) must not be attached or annexed to the affidavit, or filed as an exhibit to the affidavit.
(3) If a document that is to be used in conjunction with an affidavit and tendered in evidence in a proceeding is in the possession of the party on whose behalf the affidavit is filed, a hard copy of the document must be served on each person to be served at the same time as the affidavit is served on that person.
#### 15.09 Making an affidavit
(1) An affidavit must be:
(a) confined to facts about the issues in dispute;
(b) confined to admissible evidence;
(c) sworn by the deponent, in the presence of a witness;
(d) signed at the bottom of each page by the deponent and the witness; and
(e) filed after it is sworn.
(2) Any insertion in, erasure or other alteration of, an affidavit must be initialled by the deponent and the witness.
(3) A reference to a date (except the name of a month), number or amount of money must be written in figures.
> Note: Example 1: The second of July, Nineteen Hundred and Sixty‑Four must be written as ‘2 July 1964’.
> Note: Example 2: Twenty dollars must be written as ‘$20.00’.
> Note 1: Rule 24.07 sets out the requirements for filing an affidavit by electronic communication.
#### 15.10 Affidavit of illiterate or blind person etc
(1) If a deponent is illiterate, blind, or physically incapable of signing an affidavit, the witness before whom the affidavit is made must certify, at the end of the affidavit, that:
(a) the affidavit was read to the deponent;
(b) the deponent seemed to understand the affidavit; and
(c) for a deponent physically incapable of signing—the deponent indicated that the contents were true.
(2) If a deponent does not have an adequate command of English:
(a) a translation of the affidavit and oath must be read or given in writing to the deponent in a language that the deponent understands; and
(b) the translator must certify that the affidavit has been translated.
#### 15.13 Striking out objectionable material
(1) The court may order material to be struck out of an affidavit if the material:
(a) is inadmissible, unnecessary, irrelevant, unreasonably long, scandalous or argumentative; or
(b) sets out the opinion of a person who is not qualified to give it.
(2) If the court orders material to be struck out of an affidavit, the party who filed the affidavit may be ordered to pay the costs thrown away of any other party because of the material struck out.
#### 15.14 Notice to attend for cross‑examination
(1) This rule applies only to a trial.
(2) A party seeking to cross‑examine a deponent must, at least 14 days before the relevant date, give to the party who filed the affidavit a written notice stating the name of the deponent who is required to attend court for cross‑examination.
(3) If a deponent fails to attend court in response to a notice under subrule (2), the court may:
(a) refuse to allow the deponent’s affidavit to be relied on;
(b) allow the affidavit to be relied on only on the terms ordered by the court; or
(c) order the deponent to attend for cross‑examination.
(4) If:
(a) a deponent attends court in response to a notice under subrule (2); and
(b) the deponent is not cross‑examined, or the cross‑examination is of little or no evidentiary value;
the party who required the deponent’s attendance may be ordered to pay the deponent’s costs for attending and any costs incurred by the other party because of the notice.
#### 15.15 Deponent’s attendance and expenses
The court may make orders for the attendance, and the payment of expenses, of a deponent who attends court for cross‑examination under rule 15.14.
## Part 15.3—Subpoenas
### Division 15.3.1—General
#### 15.16 Interpretation
(1) In this Part:
> interested person, in relation to a subpoena, means a person who has a sufficient interest in the subpoena.
> issuing party means the party for whom a subpoena is issued.
> named person means a person required by a subpoena to produce a document or give evidence.
> subpoena for production means a subpoena mentioned in paragraph 15.17(1)(a).
(2) In this Part, a reference to a document includes a reference to an object.
> Note: For the definition of document, see the Acts Interpretation Act 1901.
#### 15.17 Issuing a subpoena
(1) Subject to rule 22.34, the court may issue:
(a) a subpoena for production;
(b) a subpoena to give evidence; or
(c) a subpoena for production and to give evidence.
(1A) A subpoena mentioned in subrule (1) must be in the approved form.
(2) Subject to rule 15.21, the court will issue a subpoena mentioned in subrule (1) at the request of a party only if:
(a) the party has requested permission from the court; and
(b) the court has granted permission.
> Note: A request for permission should generally be made at a court event.
(3) For subrule (2), a request for the court’s permission:
(a) may be made orally or in writing;
(b) may be made without giving notice to any other parties; and
(c) may be determined in chambers in the absence of the other parties.
(3A) A party must not request the issue of a subpoena for production and to give evidence if production would be sufficient in the circumstances.
(4) A subpoena must identify the person to whom it is directed by name or description of office.
(5) A subpoena may be directed to 2 or more persons if:
(a) the subpoena is to give evidence only; or
(b) the subpoena requires each named person to produce the same document (rather than the same class of documents).
(6) A subpoena for production:
(a) must identify the document to be produced and the time and place for production; and
(b) may require the named person to produce the document before the date of the trial.
(7) A subpoena to give evidence must specify the time and place at which the person must attend court to give evidence.
(8) A subpoena for production and to give evidence must:
(a) identify the document to be produced; and
(b) specify the time and place at which the person must attend court to produce the document and give evidence.
#### 15.18 Subpoena not to issue in certain circumstances
The court must not issue a subpoena:
(a) at the request of a self‑represented party, unless the party has first obtained the Registrar’s permission to make the request; or
(b) for production of a document in the custody of the court or another court.
> Note 1: Rule 15.34 sets out the procedure to be followed when a party seeks to produce to the court a document from another court.
> Note 2: A prisoner required to give evidence at a hearing must do so by electronic communication, if practicable. Otherwise the party requiring the prisoner’s attendance must seek an order for the prisoner’s personal attendance (see rule 5.07).
#### 15.20 Amendment of subpoena
A subpoena that has been issued but not served may be amended by the issuing party filing the amended subpoena with the amendments clearly marked.
#### 15.21 Subpoenas to produce documents
A party or an independent children’s lawyer may seek the issue of a subpoena to produce documents for the hearing of an application seeking interim, procedural, ancillary or other incidental orders without permission from the court.
#### 15.22 Service
(1) The issuing party for a subpoena must serve the named person, in accordance with subrule (1A), with:
(a) the subpoena; and
(b) the brochure, approved by the Chief Executive Officer, containing information about subpoenas.
(1A) A document required to be served under subrule (1) must be served:
(a) in relation to a subpoena for production—either:
(i) by ordinary service; or
(ii) by a manner of service agreed between the issuing party and the named person; and
(b) in relation to a subpoena to give evidence, or a subpoena for production and to give evidence—by hand.
(2) The issuing party for a subpoena must serve a copy of the subpoena, in accordance with subrule (2A), on:
(a) each other party; and
(b) each interested person in relation to the subpoena; and
(c) the independent children’s lawyer (if any).
(2A) A document required to be served under subrule (2) must be served:
(a) by ordinary service; or
(b) by a manner of service agreed between the issuing party and the person to be served.
(3) Unless the court directs otherwise, a document required to be served under subrule (1) or (2) must be served:
(a) in relation to a subpoena for production—at least 10 days before the day on which production in accordance with the subpoena is required; and
(b) in relation to a subpoena to give evidence—at least 7 days before the day on which attendance in accordance with the subpoena is required; and
(c) in relation to a subpoena for production and to give evidence—at least 10 days before the day on which production and attendance in accordance with the subpoena is required.
(4) A subpoena must not be served on a child without the court’s permission.
> Note: Chapter 7 also contains other requirements relating to service.
#### 15.23 Conduct money and witness fees
(1) A named person is entitled to be paid conduct money by the issuing party at the time of service of the subpoena, of an amount that is:
(a) sufficient to meet the reasonable expenses of complying with the subpoena; and
(b) at least equal to the minimum amount mentioned in Part 1 of Schedule 4.
(2) A named person served with a subpoena to give evidence and a subpoena to give evidence and produce documents is entitled to be paid a witness fee by the issuing party in accordance with Part 2 of Schedule 4, immediately after attending court in compliance with the subpoena.
(3) A named person may apply to be reimbursed if the named person incurs a substantial loss or expense that is greater than the amount of the conduct money or witness fee payable under this rule.
#### 15.24 When compliance is not required
(1) A named person does not have to comply with the subpoena if:
(a) the person was not served in accordance with these Rules; or
(b) conduct money was not tendered to the person:
(i) at the time of service; or
(ii) at a reasonable time before the day on which attendance or production in accordance with the subpoena is required.
(2) If a named person is not to be called to give evidence or produce a document to the court in compliance with the subpoena, the issuing party may excuse the named person from complying with the subpoena.
#### 15.25 Discharge of subpoena obligation
(1) A subpoena remains in force until the earliest of the following events:
(a) the subpoena is complied with;
(b) the issuing party or the court releases the named person from the obligation to comply with the subpoena;
(c) the hearing or trial is concluded.
(2) For paragraph (1)(c), a trial or hearing is concluded when all parties have finished presenting their case.
#### 15.26 Objection to subpoena
(1) If:
(a) a subpoena is issued in relation to proceedings; and
(b) the named person or an interested person in relation to the subpoena, or an independent children’s lawyer in the proceedings:
(i) seeks an order that the subpoena be set aside in whole or in part; or
(ii) seeks any other relief in relation to the subpoena;
the person must, before the day on which attendance or production in accordance with the subpoena is required, apply to the court, in writing, for the relevant order.
(2) If a person makes an application under subrule (1), the subpoena must be referred to the court for the hearing and determination of the application.
> Note: An application to set aside a subpoena issued in an appeal will be listed for determination before the court hearing the appeal.
(3) The court may compel a person to produce a document to the court for the purpose of determining an application under subrule (1).
### Division 15.3.2—Production of documents and access by parties
#### 15.27 Application of Division 15.3.2
This Division applies to a subpoena for production.
#### 15.29 Compliance with subpoena
(1) A named person may comply with a subpoena for production by providing to the court, at the place specified in the subpoena, on or before the day on which production in accordance with the subpoena is required:
(a) the required documents and a copy of the subpoena; or
(b) copies of the required documents attached to an affidavit.
(2) For paragraph (1)(b), the affidavit must:
(a) state that is it an affidavit under rule 15.29;
(b) have attached to it a copy of the subpoena for production;
(c) verify the attached copies as accurate copies of the original documents mentioned in the subpoena; and
(d) be sworn by the named person.
(3) The named person, when complying with the subpoena for production, must inform the Registry Manager in writing about whether:
(a) the documents referred to in the subpoena are to be returned to the named person; or
(b) the Registry Manager is authorised to dispose of the documents when they are no longer required by the court.
(4) In this rule:
> copy includes:
(a) a photocopy; and
(b) a copy in an electronic format that is approved by the Registry Manager, and is capable of being printed in the form in which it was created without any loss of content.
#### 15.30 Right to inspect and copy documents
(1) This rule applies if:
(a) the court issues a subpoena for production in relation to proceedings; and
(b) at least 10 days before the day (the production day) on which production in accordance with the subpoena is required, the issuing party:
(i) serves the named person with the subpoena and the brochure in accordance with subrule 15.22(1); and
(ii) serves each person mentioned in subrule 15.22(2) with a copy of the subpoena in accordance with that subrule; and
(c) no objection under rule 15.31 to production of a document required in accordance with the subpoena is made by the production day; and
(d) the named person complies with the subpoena; and
(e) on or after the production day, the issuing party files a notice of request to inspect in an approved form.
(2) Each party to the proceedings, and any independent children’s lawyer in the proceedings, may:
(a) inspect a document produced in accordance with the subpoena; and
(b) take copies of a document (other than a child welfare record, criminal record, medical record or police record) produced in accordance with the subpoena.
(3) Subrule (2) has effect subject to paragraph 15.31(4)(c) (inspection of medical records).
(4) Unless the court orders otherwise, an inspection under paragraph (2)(a):
(a) must be by appointment; and
(b) may be made without an order of the court.
#### 15.31 Objections relating to production of documents
Objection to producing, or to inspection or copying of, a document
(1) Subrule (2) applies if a subpoena for production is issued in relation to proceedings, and:
(a) the named person objects to producing a document in accordance with the subpoena; or
(b) any of the following objects to the inspection or copying of a document identified in the subpoena:
(i) the named person;
(ii) an interested person in relation to the subpoena;
(iii) another party to the proceedings;
(iv) any independent children’s lawyer in the proceedings.
(2) The person or party (the objector) must, before the day on which production in accordance with the subpoena is required, give written notice of the objection and the grounds for the objection, to:
(a) the Registry Manager; and
(b) if the objector is not the named person—the named person; and
(c) each party, or other party, to the proceedings; and
(d) each independent children’s lawyer, or each other independent children’s lawyer, in the proceedings.
Objection relating to inspection or copying of medical records
(3) If a subpoena for production requires the production of a person’s medical records, the person may, before the day (the production day) on which production in accordance with the subpoena is required, notify the Registry Manager in writing that the person wishes to inspect the medical records for the purpose of determining whether to object to the inspection or copying of the records.
(4) If a person (the potential objector) gives notice under subrule (3):
(a) the potential objector may inspect the medical records; and
(b) if the potential objector wishes to object to the inspection or copying of the records—the potential objector must, within 7 days of the production day, give written notice of the objection and the grounds for the objection, to the Registry Manager; and
(c) unless the court orders otherwise, no other person may inspect the medical records until the later of:
(i) 7 days after the production day; and
(ii) if the potential objector makes an objection under paragraph (b)—the end of the hearing and determination of the objection.
Referral of subpoena to the court
(5) If a person makes an objection under subrule (2) or paragraph (4)(b), the subpoena must be referred to the court for the hearing and determination of the objection.
(6) The court may compel a person to produce a document to the court for the purpose of ruling on an objection under subrule (2) or paragraph (4)(b).
#### 15.32 Court permission to inspect documents
A person may not inspect or copy a document produced in compliance with a subpoena for production, but not yet admitted into evidence, unless:
(a) rule 15.30 applies; or
(b) the court gives permission.
#### 15.34 Production of document from another court
(1) A party who seeks to produce to the court a document in the possession of another court must give the Registry Manager a written notice setting out:
(a) the name and address of the court having possession of the document;
(b) a description of the document to be produced;
(c) the date when the document is to be produced; and
(d) the reason for seeking production.
(2) On receiving a notice under subrule (1), a Registrar may ask the other court, in writing, to send the document to the Registry Manager of the filing registry by a specified date.
(3) A party may apply for permission to inspect and copy a document produced to the court.
#### 15.35 Return of documents produced
(1) This rule applies to a document produced in compliance with a subpoena that is to be returned to the named person.
(2) If the document is tendered as an exhibit at a hearing or trial, the Registry Manager must return it at least 28 days, and no later than 42 days, after the final determination of the application or appeal.
(3) If:
(a) a document is not tendered as an exhibit at a hearing or trial; and
(b) the party who filed the subpoena has been given 7 days written notice of the Registry Manager’s intention to return it;
the Registry Manager may return the document to the named person at a time that is earlier than the time mentioned in subrule (2).
(4) If the Registry Manager has received written permission from the named person to destroy the document:
(a) subrules (2) and (3) do not apply; and
(b) the Registry Manager may destroy the document, in an appropriate way, not earlier than 42 days after the final determination of the application or appeal.
> Note: A document:
(a) tendered into evidence by a party; and
(b) not produced in compliance with a subpoena;
> Note: must be collected by the party who tendered it (see subrule 24.14(4)).
### Division 15.3.3—Non‑compliance with subpoena
#### 15.36 Non‑compliance with subpoena
If:
(a) a named person does not comply with a subpoena; and
(b) the court is satisfied that the named person was served with the subpoena and given conduct money (see rule 15.23);
the court may issue a warrant for the named person’s arrest and order the person to pay any costs caused by the non‑compliance.
> Note: A person who does not comply with a subpoena may be guilty of contempt (see section 112AP of the Act).
## Part 15.4—Assessors
#### 15.37 Application of Part 15.4
This Part applies to all applications except:
(a) an application for divorce;
(b) an application for an order that a marriage is a nullity; or
(c) an application for a declaration as to the validity of a marriage, divorce or annulment.
#### 15.38 Appointing an assessor
(1) A party may apply for the appointment of an assessor by filing:
(a) an Initiating Application (Family Law) and an affidavit; or
(b) after a case has commenced—an Application in a Case and an affidavit.
(2) The affidavit filed with the application must:
(a) state:
(i) the name of the proposed assessor;
(ii) the issue about which the assessor’s assistance will be sought; and
(iii) the assessor’s qualifications, skill and experience to give the assistance; and
(b) attach the written consent of the proposed assessor.
(3) The court may appoint an assessor on its own initiative only if the court has:
(a) notified the parties of the matters mentioned in subrule (2); and
(b) given the parties a reasonable opportunity to be heard in relation to the appointment.
#### 15.39 Assessor’s report
(1) The court may direct an assessor to prepare a report.
(2) A copy of the report must be given to each party and any independent children’s lawyer.
(3) An assessor must not be required to give evidence.
(4) The court is not bound by any opinion or finding of the assessor.
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
#### 15.40 Remuneration of assessor
(1) An assessor may:
(a) be remunerated as determined by the court; and
(b) be paid by the court, or a party or other person, as ordered by the court.
(2) The court may order a party or other person to pay, or give security for payment of, the assessor’s remuneration before the assessor is appointed to assist the court.
## Part 15.5—Expert evidence
### Division 15.5.1—General
#### 15.41 Application of Part 15.5
(1) This Part (other than rule 15.55) does not apply to any of the following:
(a) evidence from a medical practitioner or other person who has provided, or is providing, treatment for a party or child if the evidence relates only to any or all of the following:
(i) the results of an examination, investigation or observation made;
(ii) a description of any treatment carried out or recommended;
(iii) expressions of opinion limited to the reasons for carrying out or recommending treatment and the consequences of the treatment, including a prognosis;
(b) evidence from an expert who has been retained for a purpose other than the giving of advice or evidence, or the preparation of a report for a case or anticipated case, being evidence:
(i) about that expert’s involvement with a party, child or subject matter of a case; and
(ii) describing the reasons for the expert’s involvement and the results of that involvement;
(c) evidence from an expert who has been associated, involved or had contact with a party, child or subject matter of a case for a purpose other than the giving of advice or evidence, or the preparation of a report for a case or anticipated case, being evidence about that expert’s association, involvement or contact with that party, child or subject matter;
(d) evidence from family consultant employed by a Family Court (including evidence from a person appointed under regulation 8 of the Regulations).
> Note: Example: An example of evidence excluded from the requirements of this Part (other than rule 15.55) is evidence from a treating doctor or a teacher in relation to the doctor’s or teacher’s involvement with a party or child.
(2) Nothing in this Part prevents an independent children’s lawyer communicating with a single expert witness.
#### 15.42 Purpose of Part 15.5
The purpose of this Part is:
(a) to ensure that parties obtain expert evidence only in relation to a significant issue in dispute;
(b) to restrict expert evidence to that which is necessary to resolve or determine a case;
(c) to ensure that, if practicable and without compromising the interests of justice, expert evidence is given on an issue by a single expert witness;
(d) to avoid unnecessary costs arising from the appointment of more than one expert witness; and
(e) to enable a party to apply for permission to tender a report or adduce evidence from an expert witness appointed by that party, if necessary in the interests of justice.
#### 15.43 Definition
In this Part:
> expert’s report means a report by an expert witness, including a notice under subrule 15.59(5).
> Note: expert, expert witness and single expert witness are defined in the Dictionary.
### Division 15.5.2—Single expert witness
#### 15.44 Appointment of single expert witness by parties
(1) If the parties agree that expert evidence may help to resolve a substantial issue in a case, they may agree to jointly appoint a single expert witness to prepare a report in relation to the issue.
> Note: Subrule 15.54(3) sets out the requirements that apply to instructions to a single expert witness appointed by agreement between the parties.
(2) A party does not need the court’s permission to tender a report or adduce evidence from a single expert witness appointed under subrule (1).
#### 15.45 Order for single expert witness
(1) The court may, on application or on its own initiative, order that expert evidence be given by a single expert witness.
(2) When considering whether to make an order under subrule (1), the court may take into account factors relevant to making the order, including:
(a) the main purpose of these Rules (see rule 1.04) and the purpose of this Part (see rule 15.42);
(b) whether expert evidence on a particular issue is necessary;
(c) the nature of the issue in dispute;
(d) whether the issue falls within a substantially established area of knowledge; and
(e) whether it is necessary for the court to have a range of opinion.
(3) The court may appoint a person as a single expert witness only if the person consents to the appointment.
(4) A party does not need the court’s permission to tender a report or adduce evidence from a single expert witness appointed under subrule (1).
#### 15.46 Orders the court may make
The court may, in relation to the appointment of, instruction of, or conduct of a case involving, a single expert witness make an order, including an order:
(a) requiring the parties to confer for the purpose of agreeing on the person to be appointed as a single expert witness;
(b) that, if the parties cannot agree on who should be the single expert witness, the parties give the court a list stating:
(i) the names of people who are experts on the relevant issue and have consented to being appointed as an expert witness; and
(ii) the fee each expert will accept for preparing a report and attending court to give evidence;
(c) appointing a single expert witness from the list prepared by the parties or in some other way;
(d) determining any issue in dispute between the parties to ensure that clear instructions are given to the expert;
(e) that the parties:
(i) confer for the purpose of preparing an agreed letter of instructions to the expert; and
(ii) submit a draft letter of instructions for settling by the court;
(f) settling the instructions to be given to the expert;
(g) authorising and giving instructions about any inspection, test or experiment to be carried out for the purposes of the report; or
(h) that a report not be released to a person or that access to the report be restricted.
#### 15.47 Single expert witness’s fees and expenses
(1) The parties are equally liable to pay a single expert witness’s reasonable fees and expenses incurred in preparing a report.
(2) A single expert witness is not required to undertake any work in relation to his or her appointment until the fees and expenses are paid or secured.
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
#### 15.48 Single expert witness’s report
(1) A single expert witness must prepare a written report.
(2) If the single expert witness was appointed by the parties, the expert witness must give each party a copy of the report at the same time.
(3) If the single expert witness was appointed by the court, the expert witness must give the report to the Registry Manager.
> Note: An expert witness may seek procedural orders from the court under rule 15.60 if the expert witness considers that it would not be in the best interests of a child or a party to give a copy of a report to each party.
(4) An applicant who has been given a copy of a report must file the copy but does not need to serve it.
#### 15.49 Appointing another expert witness
(1) If a single expert witness has been appointed to prepare a report or give evidence in relation to an issue, a party must not tender a report or adduce evidence from another expert witness on the same issue without the court’s permission.
(2) The court may allow a party to tender a report or adduce evidence from another expert witness on the same issue if it is satisfied that:
(a) there is a substantial body of opinion contrary to any opinion given by the single expert witness and that the contrary opinion is or may be necessary for determining the issue;
(b) another expert witness knows of matters, not known to the single expert witness, that may be necessary for determining the issue; or
(c) there is another special reason for adducing evidence from another expert witness.
#### 15.50 Cross‑examination of single expert witness
(1) A party wanting to cross‑examine a single expert witness at a hearing or trial must inform the expert witness, in writing at least 14 days before the date fixed for the hearing or trial, that the expert witness is required to attend.
(2) The court may limit the nature and length of cross‑examination of a single expert witness.
### Division 15.5.3—Permission for expert’s evidence
#### 15.51 Permission for expert’s reports and evidence
(1) A party must apply for the court’s permission to tender a report or adduce evidence at a hearing or trial from an expert witness, except a single expert witness.
(2) An independent children’s lawyer may tender a report or adduce evidence at a hearing or trial from one expert witness on an issue without the court’s permission.
#### 15.52 Application for permission for expert witness
(1) A party may seek permission to tender a report or adduce evidence from an expert witness by filing an Application in a Case.
> Note 1: A party who files an Application in a Case must, at the same time, file an affidavit stating the facts relied on in support of the orders sought (see subrule 5.02(1)).
> Note 2: The court may allow a party to make an oral application (see paragraph (h) in item 3 of Table 11.1 in rule 11.01).
(2) The affidavit filed with the application must state:
(a) whether the party has attempted to agree on the appointment of a single expert witness with the other party and, if not, why not;
(b) the name of the expert witness;
(c) the issue about which the expert witness’s evidence is to be given;
(d) the reason the expert evidence is necessary in relation to that issue;
(e) the field in which the expert witness is expert;
(f) the expert witness’s training, study or experience that qualifies the expert witness as having specialised knowledge on the issue; and
(g) whether there is any previous connection between the expert witness and the party.
(3) When considering whether to permit a party to tender a report or adduce evidence from an expert witness, the court may take into account:
(a) the purpose of this Part (see rule 15.42);
(b) the impact of the appointment of an expert witness on the costs of the case;
(c) the likelihood of the appointment expediting or delaying the case;
(d) the complexity of the issues in the case;
(e) whether the evidence should be given by a single expert witness rather than an expert witness appointed by one party only; and
(f) whether the expert witness has specialised knowledge, based on the person’s training, study or experience:
(i) relevant to the issue on which evidence is to be given; and
(ii) appropriate to the value, complexity and importance of the case.
(4) If the court grants a party permission to tender a report or adduce evidence from an expert witness, the permission is limited to the expert witness named, and the field of expertise stated, in the order.
> Note: Despite an order under this rule, a party is not entitle to adduce evidence from an expert witness if the expert’s report has not been disclosed or a copy has not been given to the other party (see rule 15.58).
### Division 15.5.4—Instructions and disclosure of expert’s report
#### 15.53 Application of Division 15.5.4
This Division does not apply to a market appraisal or an opinion as to value in relation to property obtained by a party for the purposes of a procedural hearing or conference under paragraph 12.02(g) or subrule 12.05(2).
#### 15.54 Instructions to expert witness
(1) A party who instructs an expert witness to give an opinion for a case or an anticipated case must:
(a) ensure the expert witness has a copy of the most recent version of, and has read, Divisions 15.5.4, 15.5.5 and 15.5.6 of these Rules; and
(b) obtain a written report from the expert witness.
(2) All instructions to an expert witness must be in writing and must include:
(a) a request for a written report;
(b) advice that the report may be used in an anticipated or actual case;
(c) the issues about which the opinion is sought;
(d) a description of any matter to be investigated, or any experiment to be undertaken or issue to be reported on; and
(e) full and frank disclosure of information and documents that will help the expert witness to perform the expert witness’s function.
(3) The parties must give the expert an agreed statement of facts on which to base the report.
(4) However, if the parties do not agree on a statement of facts:
(a) unless the court directs otherwise—each of the parties must give to the expert a statement of facts on which to base the report; and
(b) the court may give directions about the form and content of the statement of facts to be given to the expert.
#### 15.55 Mandatory disclosure of expert’s report
(1) A party who has obtained an expert’s report for a parenting case, whether before or after the start of the case, must give each other party a copy of the report:
(a) if the report is obtained before the case starts—at least 2 days before the first court event; or
(b) if the report is obtained after the case starts—within 7 days after the party receives the report.
(2) The party who discloses an expert’s report must disclose any supplementary report and any notice amending the report under subrule 15.59(5).
(3) If an expert’s report has been disclosed under this rule, any party may seek to tender the report as evidence.
(4) Legal professional privilege does not apply in relation to an expert’s report that must be disclosed under this rule.
#### 15.56 Provision of information about fees
A party who has instructed an expert witness must, if requested by another party, give each other party details of any fee or benefit received, or receivable, by or for the expert witness, for the preparation of the report and for services provided, or to be provided, by or for the expert witness in connection with the expert witness giving evidence for the party in the case.
#### 15.57 Application for provision of information
(1) This rule applies if the court is satisfied that:
(a) a party (the disclosing party) has access to information or a document that is not reasonably available to the other party (the requesting party); and
(b) the provision of the information or a copy of the document is necessary to allow an expert witness to carry out the expert witness’s function properly.
(2) The requesting party may apply for an order that the disclosing party:
(a) file and serve a document specifying the information in enough detail to allow the expert witness to properly assess its value and significance; and
(b) give a copy of the document to the expert witness.
> Note: An expert witness may request the court to make an order under this rule (see rule 15.60).
#### 15.58 Failure to disclose report
A party who fails to give a copy of an expert’s report to another party or the independent children’s lawyer (if any) must not use the report or call the expert witness to give evidence at a hearing or trial, unless the other party and independent children’s lawyer consent to the report being used or the expert witness being called, or the court orders otherwise.
### Division 15.5.5—Expert witness’s duties and rights
#### 15.59 Expert witness’s duty to the court
(1) An expert witness has a duty to help the court with matters that are within the expert witness’s knowledge and capability.
(2) The expert witness’s duty to the court prevails over the obligation of the expert witness to the person instructing, or paying the fees and expenses of, the expert witness.
(3) The expert witness has a duty to:
(a) give an objective and unbiased opinion that is also independent and impartial on matters that are within the expert witness’s knowledge and capability;
(b) conduct the expert witness’s functions in a timely way;
(c) avoid acting on an instruction or request to withhold or avoid agreement when attending a conference of experts;
(d) consider all material facts, including those that may detract from the expert witness’s opinion;
(e) tell the court:
(i) if a particular question or issue falls outside the expert witness’s expertise; and
(ii) if the expert witness believes that the report prepared by the expert witness:
(A) is based on incomplete research or inaccurate or incomplete information; or
(B) is incomplete or may be inaccurate, for any reason; and
(f) produce a written report that complies with rules 15.62 and 15.63.
(4) The expert witness’s duty to the court arises when the expert witness:
(a) receives instructions under rule 15.54; or
(b) is informed by a party that the expert witness may be called to give evidence in a case.
(5) An expert witness who changes an opinion after the preparation of a report must give written notice to that effect:
(a) if appointed by a party—to the instructing party; or
(b) if appointed by the court—to the Registry Manager and each party.
(6) A notice under subrule (5) is taken to be part of the expert’s report.
#### 15.60 Expert witness’s right to seek orders
(1) Before final orders are made, a single expert witness may, by written request to the court, seek a procedural order to assist in carrying out the expert witness’s function.
> Note: The written request may be by letter and may, for example:
(a) ask for clarification of instructions;
(b) relate to the questions mentioned in Division 15.5.6; or
(c) relate to a dispute about fees.
(2) The request must:
(a) comply with subrule 24.01(1); and
(b) set out the procedural orders sought and the reason the orders are sought.
(3) The expert witness must serve a copy of the request on each party and satisfy the court that the copy has been served.
(4) The court may determine the request in chambers unless:
(a) within 7 days of being served with the request, a party makes a written objection to the request being determined in chambers; or
(b) the court decides that an oral hearing is necessary.
#### 15.61 Expert witness’s evidence in chief
(1) An expert witness’s evidence in chief comprises the expert’s report, any changes to that report in a notice under subrule 15.59(5) and any answers to questions under rule 15.66.
(2) An expert witness has the same protection and immunity in relation to the contents of a report disclosed under these Rules or an order as the expert witness could claim if the contents of the report were given by the expert witness orally at a hearing or trial.
#### 15.62 Form of expert’s report
(1) An expert’s report must:
(a) be addressed to the court and the party instructing the expert witness;
(b) have attached to it a summary of the instructions given to the expert witness and a list of any documents relied on in preparing the report; and
(c) be verified by an affidavit of the expert witness.
(2) The affidavit verifying the expert’s report must state the following:
‘I have made all the inquiries I believe are necessary and appropriate and to my knowledge there have not been any relevant matters omitted from this report, except as otherwise specifically stated in this report.
I believe that the facts within my knowledge that have been stated in this report are true.
The opinions I have expressed in this report are independent and impartial.
I have read and understand Divisions 15.5.4, 15.5.5 and 15.5.6 of the Family Law Rules 2004 and have used my best endeavours to comply with them.
I have complied with the requirements of the following professional codes of conduct or protocol, being \[state the name of the code or protocol\].
I understand my duty to the court and I have complied with it and will continue to do so.’.
#### 15.63 Contents of expert’s report
An expert’s report must:
(a) state the reasons for the expert witness’s conclusions;
(b) include a statement about the methodology used in the production of the report; and
(c) include the following in support of the expert witness’s conclusions:
(i) the expert witness’s qualifications;
(ii) the literature or other material used in making the report;
(iii) the relevant facts, matters and assumptions on which the opinions in the report are based;
(iv) a statement about the facts in the report that are within the expert witness’s knowledge;
(v) details about any tests, experiments, examinations or investigations relied on by the expert witness and, if they were carried out by another person, details of that person’s qualifications and experience;
(vi) if there is a range of opinion on the matters dealt with in the report—a summary of the range of opinion and the basis for the expert witness’s opinion;
(vii) a summary of the conclusions reached;
(viii) if necessary, a disclosure that:
(A) a particular question or issue falls outside the expert witness’s expertise;
(B) the report may be incomplete or inaccurate without some qualification and the details of any qualification; or
(C) the expert witness’s opinion is not a concluded opinion because further research or data is required or because of any other reason.
#### 15.64 Consequences of non‑compliance
If an expert witness does not comply with these Rules, the court may:
(a) order the expert witness to attend court;
(b) refuse to allow the expert’s report or any answers to questions to be relied on;
(c) allow the report to be relied on but take the non‑compliance into account when considering the weight to be given to the expert witness’s evidence; and
(d) take the non‑compliance into account when making orders for:
(i) an extension or abridgment of a time limit;
(ii) a stay of the case;
(iii) interest payable on a sum ordered to be paid; or
(iv) costs.
> Note: For the court’s power to order costs, see subsection 117(2) of the Act.
### Division 15.5.6—Clarification of single expert witness reports
#### 15.64A Purpose
(1) The purpose of this Division is to provide ways of clarifying a report prepared by a single expert witness.
(2) Clarification about a report may be obtained at a conference under rule 15.64B or by means of questions under rule 15.65.
#### 15.64B Conference
(1) Within 21 days after receipt of the report of a single expert witness, the parties may enter into an agreement about conferring with the expert witness for the purpose of clarifying the report.
(2) The agreement may provide for the parties, or for one or more of them, to confer with the expert witness.
(3) Without limiting the scope of the conference, the parties must agree on arrangements for the conference.
(4) It is intended that the parties should be free to make any arrangements for the conference that are consistent with this Division.
> Note: For example, arrangements for a conference might include the attendance of another expert, or the provision of a supplementary report.
(5) Before participating in the conference, the expert witness must be advised of arrangements for the conference.
(6) In seeking to clarify the report of the expert witness, the parties must not interrogate the expert witness.
(7) If the parties do not agree about conferring with a single expert witness, the court, on application by a party, may order that a conference be held in accordance with any conditions the court determines.
#### 15.65 Questions to single expert witness
(1) A party seeking to clarify the report of a single expert witness may ask questions of the single expert witness under this rule:
(a) within 7 days after the conference under rule 15.64B; or
(b) if no conference is held, within 21 days after receipt of the single expert witness’s report by the party.
(2) The questions must:
(a) be in writing and be put once only;
(b) be only for the purpose of clarifying the single expert witness’s report; and
(c) not be vexatious or oppressive, or require the single expert witness to undertake an unreasonable amount of work to answer.
(3) The party must give a copy of any questions to each other party.
> Note: A party may cross‑examine a single expert witness (see rule 15.50).
#### 15.66 Single expert witness’s answers
(1) A single expert witness must answer a question received under rule 15.65 within 21 days after receiving it.
(2) An answer to a question:
(a) must be in writing;
(b) must specifically refer to the question; and
(c) must:
(i) answer the substance of the question; or
(ii) object to answering the question.
(3) If the single expert witness objects to answering a question or is unable to answer a question, the single expert witness must state the reason for the objection or inability in the document containing the answers.
(4) The single expert witness’s answers:
(a) must be:
(i) attached to the affidavit under subrule 15.62(2);
(ii) sent by the single expert witness to all parties at the same time; and
(iii) filed by the party asking the questions; and
(b) are taken to be part of the expert’s report.
#### 15.67 Single expert witness’s costs
(1) The reasonable fees and expenses of a single expert witness incurred in relation to a conference are to be paid as follows:
(a) if only one of the parties attends the conference—by that party; or
(b) if more than one of the parties attends the conference—by those parties jointly.
(2) If a single expert witness answers questions under rule 15.66, his or her reasonable fees and expenses incurred in answering any questions are to be paid by the party asking the questions.
(3) A single expert witness is not required to undertake any work in relation to a conference or answer any questions until the fees and expenses for that work or those answers are paid or secured.
(4) Subrule (3) is not affected by subrule 15.66(1).
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
(5) In this rule:
> attend includes attendance by electronic communication.
#### 15.67A Application for directions
A party may apply to the court for directions relating to a conference with a single expert witness or the asking or answering of questions under this Division.
### Division 15.5.7—Evidence from 2 or more expert witnesses
#### 15.68 Application of Division 15.5.7
This Division applies to a case in which 2 or more parties intend to tender an expert’s report or adduce evidence from different expert witnesses about the same, or a similar, question.
#### 15.69 Conference of expert witnesses
(1) In a case to which this Division applies:
(a) the parties must arrange for the expert witnesses to confer at least 28 days before the relevant date; and
(b) each party must give to the expert witness the party has instructed a copy of the document entitled Experts’ Conferences—Guidelines for expert witnesses and those instructing them in cases in the Family Court of Australia, the text of which is set out in Schedule 5.
(2) The court may, in relation to the conference, make an order, including an order about:
(a) which expert witnesses are to attend;
(b) where and when the conference is to occur;
(c) which issues the expert witnesses must discuss;
(d) the questions to be answered by the expert witnesses; or
(e) the documents to be given to the expert witnesses, including:
(i) Divisions 15.5.4, 15.5.5 and 15.5.6 of these Rules;
(ii) relevant affidavits;
(iii) a joint statement of the assumptions to be relied on by the expert witnesses during the conference, including any competing assumptions; and
(iv) all expert’s reports already disclosed by the parties.
(3) At the conference, the expert witnesses must:
(a) identify the issues that are agreed and not agreed;
(b) if practicable, reach agreement on any outstanding issue;
(c) identify the reason for disagreement on any issue;
(d) identify what action (if any) may be taken to resolve any outstanding issues; and
(e) prepare a joint statement specifying the matters mentioned in paragraphs (a) to (d) and deliver a copy of the statement to each party.
(4) If the expert witnesses reach agreement on an issue, the agreement does not bind the parties unless the parties expressly agree to be bound by it.
(5) The joint statement may be tendered as evidence of matters agreed on and to identify the issues on which evidence will be called.
#### 15.70 Conduct of trial with expert witnesses
At a trial, the court may make an order, including an order that:
(a) an expert witness clarify the expert witness’s evidence after cross‑examination;
(b) the expert witness give evidence only after all or certain factual evidence relevant to the question has been led;
(c) each party intending to call an expert witness is to close that party’s case, subject only to adducing the evidence of the expert witness;
(d) each expert witness is to be sworn and available to give evidence in the presence of each other;
(e) each expert witness give evidence about the opinion given by another expert witness; or
(f) cross‑examination, or re‑examination, of an expert witness is to be conducted:
(i) by completing the cross‑examination or re‑examination of the expert witness before another expert witness; or
(ii) by putting to each expert witness, in turn, each question relevant to one subject or issue at a time, until the cross‑examination or re‑examination of all witnesses is completed.
## Part 15.6—Other matters about evidence
#### 15.71 Court may call evidence
(1) The court may, on its own initiative:
(a) call any person as a witness; and
(b) make any orders relating to examination and cross‑ examination of that witness.
(2) The court may order a party to pay conduct money for the attendance of the witness.
#### 15.72 Order for examination of witness
(1) A court may, at any stage in a case:
(a) request that a person be examined on oath before a court, or an officer of that court, at any place in Australia; or
(b) order a commission to be issued to a person in Australia authorising that person to take the evidence of any person on oath.
(2) The court receiving the request, or the person to whom the commission is issued, may make procedural orders about the time, place and manner of the examination or taking of evidence, including that the evidence be recorded in writing or by electronic communication.
(3) The court making the request or ordering the commission may receive in evidence the record taken.
#### 15.73 Letters of request
(1) If, under the Foreign Evidence Act 1994, a court orders a letter to be issued to the judicial authorities of a foreign country requesting that the evidence of a person be taken, the party obtaining the order must file:
(a) 2 copies of the appropriate letter of request and any questions to accompany the request;
(b) if English is not an official language of the country to whose judicial authorities the letter of request is to be sent—2 copies of a translation of each document mentioned in paragraph (a) in a language appropriate to the place where the evidence is to be taken; and
(c) an undertaking:
(i) to be responsible for all expenses incurred by the court, or by the person at the request of the court, in respect of the letter of request; and
(ii) to pay the amount to the Registry Manager of the filing registry, after being given notice of the amount of the expenses.
(2) A translation filed under paragraph (1)(b) must be accompanied by an affidavit of the person making the translation:
(a) verifying that it is a correct translation; and
(b) setting out the translator’s full name, address and qualifications for making the translation.
(3) If, after receiving the documents mentioned in subrules (1) and (2) (if applicable), the Registrar is satisfied that the documents are appropriate, the Registry Manager must send them to the Secretary of the Attorney‑General’s Department for transmission to the judicial authorities of the other country.
> Note: Rules 5.06 and 16.05 set out the procedure for arranging for a party or a witness to attend a hearing or trial by electronic communication.
#### 15.74 Hearsay evidence—notice under section 67 of the Evidence Act 1995
A Notice of Previous Representation for subsection 67(1) of the Evidence Act 1995 must be attached to an affidavit that sets out evidence of the previous representation.
#### 15.75 Transcript receivable in evidence
A transcript of a hearing or trial may be received in evidence as a true record of the hearing or trial.
#### 15.76 Notice to produce
(1) A party may, no later than 7 days before a hearing or 28 days before a trial, by written notice, require another party to produce, at the hearing or trial, a specified document that is in the possession or control of the other party.
(2) A party receiving a notice under subrule (1) must produce the document at the hearing or trial.
#### 15.77 Parenting questionnaire
(1) This rule applies to a parenting case.
(2) Each party to the case must file a completed questionnaire at least 28 days before the first day before the Judge.
(3) The questionnaire must be in the form approved by the Chief Executive Officer.
> Note: For the service requirements for a document filed with the court, see rule 7.04.
Chapter 16—Court events—Judge managed
> Note: Summary of Chapter 16
> Note: Chapter 16 sets out the trial process after the case has been allocated to the first day before the Judge. Further specific provisions in Chapter 16A apply to a trial to which Division 12A of Part VII of the Act applies.
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
## Part 16.1—Preliminary
#### 16.01 Application
This Chapter applies to all Applications for final orders, except:
(a) a Medical Procedure Application;
(b) a Maintenance Application;
(c) a child support application or appeal;
(d) an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment; and
(e) an application in which the only order sought relates to a passport (see Division 4.2.7).
#### 16.02 Compliance check
(1) The purpose of a compliance check is:
(a) to check that all procedural orders have been complied with;
(b) to consider any new issues that may have arisen since the last court event and their effect on the listing of the matter for the first day before the Judge; and
(c) in a financial case—to check the completeness of the balance sheet.
(2) At the compliance check, the court may make orders about the further conduct of the case.
> Note: The court would usually order that the parties attend this event by electronic communication.
#### 16.03 Vacating dates that are Judge managed
(1) A party seeking to vacate the first day before the Judge, or any subsequent date when the case has been set down before the Judge, must apply to do so at the earliest possible time before the allocated date.
(2) The first day before the Judge or any subsequent date will only be vacated for substantial and significant reason.
(3) If final agreement has been reached between the parties, the applicant must:
(a) immediately tell the court in writing after agreement is reached; and
(b) arrange for the case to be finalised by consent order, or discontinuance or dismissal.
## Part 16.2—Proceedings before the Judge—general
> Note: Before the first day before the Judge, the Judge should have available to read:
> Note: in a parenting case—the application and response and each parties parenting questionnaire;
> Note: in a financial case—the application and response, each parties financial statement, each parties financial questionnaire and the balance sheet; and
> Note: any other documents ordered to be filed before the first day before the Judge.
#### 16.04 Trial management
For Part 16.3, the court may make any order about the conduct of the trial, including an order:
(a) related to the issues on which the court requires evidence, including:
(i) the nature of the evidence (including expert evidence) required to decide the issues;
(ii) which witnesses a party may call on a particular issue;
(iii) how the evidence is to be adduced;
(iv) granting permission to issue subpoenas to produce documents or to attend, or both;
(v) preparation by a family consultant of a family report, or requiring the family consultant to undertake other investigations or carry out other tasks having regard to the functions of family consultants set out in section 11A of the Act;
(vi) determining any evidentiary questions that arise;
(vii) the time to be taken for evidence in chief, cross examination or re‑examination of witnesses to give evidence, and submissions; or
(viii) the sequence of evidence and addresses;
(b) limiting the time for the presentation of a parties case; or
(c) allocating a date or series of dates for the trial.
#### 16.05 Attendance, submissions and evidence by electronic communication
> Note: The issue of whether a party wishes to attend, make a submission, give evidence or adduce evidence from a witness at any court event that is Judge managed by electronic communication will be discussed at the appropriate court event, and any application in that respect will be referred to a Judge without formal application or affidavit material. In other cases, an application should be made under rule 16.05.
(1) A party may apply for permission to do any of the following things by electronic communication at any court event that is Judge managed:
(a) attend;
(b) make a submission;
(c) give evidence;
(d) adduce evidence from a witness.
> Note: For the procedure for making an application in a case, see Chapter 5.
(2) The application must be:
(a) filed at least 28 days before the event; and
(b) listed before the Judge.
> Note: The court may shorten or extend the time for compliance with a rule (see rule 1.14).
(3) The affidavit filed with the application must set out the facts relied on in support of the application, including the following:
(a) what the applicant seeks permission to do by electronic communication;
(b) the kind of electronic communication to be used;
(c) if the party proposes to give evidence, make a submission or adduce evidence from a witness by electronic communication—the place from which the party proposes to give or adduce the evidence, or make the submission;
(d) the facilities at the place mentioned in paragraph (c) that will enable all eligible persons present in that place to see or hear each eligible person in the place where the court is sitting;
(e) if the applicant seeks to adduce evidence from a witness by electronic communication:
(i) whether an affidavit by the witness has been filed;
(ii) whether the applicant seeks permission for the witness to give oral evidence;
(iii) the relevance of the evidence to the issues;
(iv) whether the witness is an expert witness;
(v) the name, address and occupation of any person who is to be present when the evidence is given;
(vi) if the applicant proposes to refer the witness to a document, whether:
(A) the document has been filed; and
(B) the witness will have a copy of the document; and
(vii) whether an interpreter is required and, if so, what arrangements are to be made;
(f) the expense of using the electronic communication, including any expense to the court, and the applicant’s proposals for paying those expenses;
(g) whether the other parties object to the use of electronic communication for the purpose specified in the application and, if so, the reason for the objection;
(h) if the application relates to evidence to be adduced from a witness in a foreign country—the matters required to be addressed under rule 16.06;
(i) if the application relates to making a submission, giving evidence or adducing evidence from New Zealand—the facilities that enable evidence to be given or a submission to be made, as required by Part 4 of the Evidence and Procedure (New Zealand) Act 1994.
> Note: Part 4 of the Evidence and Procedure (New Zealand) Act 1994 (the EP Act) applies to proceedings in a federal court, or a court specified in regulations made under the EP Act, in which a direction is made for the use of video link or telephone to take evidence or make a submission from New Zealand.
> Note: Subsection 25(2) of the EP Act sets out the matters of which a court must be satisfied before it may make a direction under subsection 25(1) of that Act. The EP Act also provides that evidence is not to be given, or a submission made, from New Zealand unless the place where the court is sitting and the place where the evidence is to be given or a submission made are equipped with facilities enabling the persons at each place to see and hear each other in the case of video link (see section 26), or to hear each other in the case of a telephone conference (see section 27).
(4) The application may be decided in chambers on the documents filed.
(5) The court may order:
(a) a party to pay the expenses of the attendance by electronic communication; or
(b) that the expenses are to be apportioned between the parties.
(6) For paragraph (3)(h):
> foreign country has the meaning given by subrule 16.06(2).
#### 16.06 Foreign evidence by electronic communication
(1) In addition to the requirements of rule 16.05, a party who proposes to adduce evidence by electronic communication from a witness in a foreign country must satisfy the court:
(b) that the party has made appropriate inquiries to determine the attitude of the foreign country’s government to the taking of evidence by electronic communication; and
(c) whether permission is needed from the foreign country’s government to adduce evidence from a witness in that country by electronic communication; and
(d) if permission is needed, whether permission has been granted or refused; and
(e) if permission has been refused, the reason for refusal; and
(f) whether there are any special requirements for the adducing of evidence, including:
(i) the administration of an oath; and
(ii) the form of the oath.
> Note: Chapter 5 sets out the procedure for making an application for interim, procedural, ancillary or other incidental orders.
(2) In this rule:
> foreign country means a country other than Canada, New Zealand, the United Kingdom or the United States of America.
> Note 1: A party seeking to adduce evidence from a witness in Canada, New Zealand, the United Kingdom or the United States of America does not have to comply with subrule (1) because these countries do not object to the taking of evidence by electronic communication.
> Note 2: The court, instead of granting permission for a party to adduce evidence by electronic communication from a witness in a foreign country, may direct the Registry Manager to send a letter of request to the judicial authorities in the foreign country, requesting the court to take evidence from the witness in accordance with the law of the foreign country. For the requirements for a letter of request to the judicial authorities of a foreign country, see rule 15.73.
#### 16.07 Parties’ participation
(1) Each party to an application set down for hearing on the first day before the Judge must attend in person and, if legally represented, with their legal representatives.
> Note: The court may dispense with compliance with a rule (see rule 1.12).
(2) If a party does not attend on the first day before the Judge, the other party may seek the orders sought in that party’s application by, if necessary, adducing evidence to establish an entitlement to those orders in a manner ordered by the court.
(3) If no party attends the first day before the Judge, the court may dismiss all applications before it.
## Part 16.3—Proceedings before the Judge—parenting and financial cases
#### 16.08 Trial management hearing
(1) The purpose of the trial management hearing is:
(a) for the presiding Judge, with the assistance of the parties and their legal representatives, to discuss and identify the orders sought and issues in dispute between the parties arising from the applications before the court; and
(b) in the ordinary course, to hear and determine any interlocutory issues or interim applications that are outstanding on the day of the trial management hearing, or to make appropriate arrangements for the determination of those applications; and
(c) in a parenting case—to receive evidence, including from the family consultant in the case; and
(d) in a financial case—to consider the balance sheet; and
(e) to consider and determine a plan for the trial.
(2) If evidence is taken at the trial management hearing, the presiding Judge must preside at the trial.
> Note: Subrule (2) applies unless the court orders otherwise (see rule 1.12). If evidence is not taken at the trial management hearing, the presiding Judge will usually preside at the trial.
#### 16.09 Further days before the Judge
The purpose of any further days before the Judge is:
(a) to further identify the issues for which evidence is required; and
(b) to make procedural orders about filing and exchange of all remaining evidence; and
(c) to allocate dates for any further days before the Judge and the trial.
#### 16.10 The trial
(1) The trial takes place on the day or dates allocated.
(2) At the trial the Judge will hear the evidence and receive submissions.
Chapter 16A—Division 12A of Part VII of the Act
> Note: Summary of Chapter 16A
> Note: Chapter 16A sets out the requirements for consent to the application of Division 12A of Part VII of the Act to a case and the additional procedures for certain trials to which Division 12A of Part VII of the Act applies.
> Note: Division 12A of Part VII of the Act applies to proceedings:
> Note: that come wholly or partly under Part VII of the Act, or any other proceedings which involve the court’s jurisdiction under the Act if the parties in those proceedings consent to Division 12A applying to those proceedings; and
> Note: that were commenced by application:
> Note: (a) on or after 1 July 2006; or
> Note: (b) before 1 July 2006 if the parties to the proceedings consent, and the court grants permission (the court’s permission may be sought in accordance with rule 12.04 of these Rules).
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: If a rule in another Chapter (other than Chapter 1) conflicts with a rule in this Chapter, the rule in this Chapter applies.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
## Part 16A.1—Consent for Division 12A of Part VII of the Act to apply to a case
#### 16A.01 Definition
In this Part:
> the prescribed form means a form authorised by the Chief Executive Officer for the purposes of a party in a case giving consent to the application of Division 12A of Part VII of the Act to the case.
#### 16A.02 Application of Part 16A.1
This Part applies if the consent of the parties to a case is necessary before Division 12A of Part VII of the Act can apply to the case.
#### 16A.03 Consent for Division 12A of Part VII of the Act to apply
If a party to a case seeks to consent to the application of Division 12A of Part VII of the Act to the case, or part of the case, the party must:
(a) give consent in accordance with the prescribed form; and
(b) file a copy of the form.
#### 16A.04 Application for Division 12A of Part VII of the Act to apply for case commenced by application before 1 July 2006
For the purposes of seeking the leave of the court for Division 12A of Part VII of the Act to apply to a case commenced by an application filed before 1 July 2006, an application for permission may be made to the court at a procedural hearing.
## Part 16A.2—Trials of certain cases to which Division 12A of Part VII of the Act applies
#### 16A.05 Definitions
In this Part:
> trial Judge means the Judge to whom a trial, in a case to which Division 12A of Part VII of the Act applies, is allocated.
> trial Judicial Registrar means the Judicial Registrar to whom a trial, in a case to which Division 12A of Part VII of the Act applies, is allocated.
#### 16A.06 Application
(1) Subject to subrules (2) and (3), this Part applies to the trial of a case:
(a) that is pending in the Family Court; and
(b) to which Division 12A of Part VII of the Act applies.
(2) This Part does not apply to the trial of a case which involves 1 or more of the following applications only:
(a) a Medical Procedure Application referred to in Division 4.2.3 of these Rules;
(b) a Maintenance Application referred to in Division 4.2.4 of these Rules;
(c) a child support application referred to in Division 4.2.5 of these Rules;
(d) an application relating to a passport referred to in Division 4.2.7 of these Rules.
(4) To the extent to which a rule in this Part applies to the trial of a case mentioned in subrule (1), and does not conflict with a rule in Chapter 1, the rule in this Part applies to the case and overrides all other provisions in these Rules.
#### 16A.10 Parties to be sworn etc
(1) On the first day of a trial, all parties, and any family consultant, may be administered an oath or affirmation.
(2) A person is bound by the oath or affirmation administered under subrule (1) until the end of the trial.
Chapter 17—Orders and undertakings
> Note: Summary of Chapter 17
> Note: Chapter 17 sets out when an order is made, how errors in orders are corrected, the rate of interest and other requirements in relation to certain monetary orders. Chapter 17 also deals with undertakings.
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
## Part 17.1—Orders
#### 17.01 When an order is made
(1) An order is made:
(a) in a hearing or trial—when it is pronounced in court by the judicial officer; or
(b) in any other case—when it is signed.
(2) An order takes effect on the date when it is made, unless otherwise stated.
(3) A party is entitled to receive:
(a) a sealed copy of an order;
(b) if the order is rectified by the court—a sealed copy of the rectified order; and
(c) a copy of any published reasons for judgment.
(4) Subrule (3) does not apply to a procedural order.
#### 17.01A When must an order be entered
(1) An order must be entered if:
(a) the order takes effect on the signing of the order; or
(b) the order is to be served; or
(c) the order is to be enforced; or
(d) an appeal from the order has been instituted or an application for leave to appeal has been made; or
(e) a step is to be taken under the order; or
(f) the court directs that the order be entered.
(2) However, an order need not be entered if it only (in addition to any provision as to costs):
(a) makes an extension or abridgment of time; or
(b) grants leave or makes a direction:
(i) to amend a document (other than an order); or
(ii) to file a document; or
(iii) for an act to be done by an officer of the court other than a lawyer; or
(c) gives directions about the conduct of proceedings.
#### 17.01B Entry of orders
(1) An order is entered by:
(a) the court, a person at the direction of the court, or a Registrar attaching the seal of the court to the order; and
(b) a judicial officer signing the order.
(2) For paragraph (1)(b), an order may be signed by electronic means.
(3) An order may be entered, in accordance with subrule (1):
(a) in a registry of the court; or
(b) in court; or
(c) in chambers.
#### 17.02 Varying or setting aside orders
(1) The court may at any time vary or set aside an order, if:
(a) it was made in the absence of a party; or
(b) it was obtained by fraud; or
(c) it is interlocutory; or
(d) it is an injunction or for the appointment of a receiver; or
(e) it does not reflect the intention of the court; or
(f) the party in whose favour it was made consents; or
(g) there is a clerical mistake in the order; or
(h) there is an error arising in the order from an accidental slip or omission.
(2) Subrule (1) does not affect the power of the court to vary or terminate the operation of an order by a further order.
#### 17.02A Varying or setting aside reasons for judgment
The court may, at any time:
(a) vary or set aside reasons for judgment if the reasons were issued by mistake; or
(b) correct a clerical mistake in reasons for judgment, or an error arising in reasons for judgment from any accidental slip or omission.
#### 17.03 Rate of interest
The prescribed rate at which interest is payable under paragraphs 87(11)(b), 90KA(b) and 90UN(b), and subsection 117B(1) of the Act is:
(a) in respect of the period from 1 January to 30 June in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced; and
(b) in respect of the period from 1 July to 31 December in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.
> Note: For the date from which interest is payable, see paragraphs 87(11)(b) and 90KA(b) and subsection 117B(1) of the Act.
#### 17.04 Order for payment of money
(1) This rule applies if a person is ordered by the court (other than by way of consent) to pay money and:
(a) the person is not present, or represented by a lawyer, in court when the order is made; or
(b) the order is made in chambers.
(2) The person must be served with a sealed copy of the order:
(a) if the order imposes a fine—by the Marshal or other officer of the court; or
(b) in any other case—by the person who benefits from the order.
> Note: A party must not personally serve another party by hand but may be present when service takes place (see subrule 7.06(3)). For service of documents generally, see Chapter 7.
#### 17.05 Order for payment of fine
If a court orders the payment of a fine or the forfeiture of a bond, the fine or forfeited amount must be paid immediately into the filing registry.
> Note 1: A person may apply to the court for more time to pay a fine (see rule 1.14).
> Note 2: If the court makes an order on an application without notice to the respondent, the order will operate until a time specified in the order (see rule 5.13).
## Part 17.2—Undertakings
#### 17.06 Undertakings
(1) An undertaking that is required or permitted to be given by a person under these Rules may be given orally or in writing.
(2) An undertaking given by a person in writing must be:
(a) signed by the person or the person’s legal representative; and
(b) filed in the filing registry.
> Note: A document that is filed must be served (see rule 7.04).
(3) If an undertaking is given by a person orally:
(a) a written record of the undertaking must be made; and
(b) the record must be:
(i) signed by the person or the person’s legal representative; and
(ii) filed in the filing registry within 14 days of the undertaking being given; and
(iii) served within 14 days of the undertaking being given.
(4) An undertaking as to damages is an undertaking:
(a) to submit to such order (if any) as the court may consider to be just for the payment of compensation (to be assessed by the court or as the court may direct) to any person (whether or not that person is a party) affected by the operation of the order or undertaking or any continuation (with or without variation) of the order or undertaking; and
(b) to pay compensation referred to in paragraph (a) to the person affected by the order or undertaking.
(5) This rule is subject to any requirements specified in these Rules for the giving of particular undertakings.
Chapter 18—Powers of Judicial Registrars, Registrars and Deputy Registrars
> Note: Summary of Chapter 18
> Note: Chapter 18 sets out:
> Note: the powers of the court that are delegated to Judicial Registrars, Registrars and Deputy Registrars of the Family Court of Australia; and
> Note: the process for reviewing an order made by a Judicial Registrar or Registrar.
> Note: A power or function expressed by these Rules to be conferred on a Registrar may also be exercised in the Family Court by a Judge or a Judicial Registrar.
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
## Part 18.1—Delegation of powers to Judicial Registrars and Registrars
### Division 18.1.1—General
#### 18.01A Definitions
In this Chapter:
> Deputy Registrar means a Deputy Registrar of the Family Court of Australia.
> Registrar means the Chief Executive Officer or a Registrar of the Family Court of Australia.
#### 18.01 Exercise of powers and functions
(1) A power or function expressed by these Rules to be conferred on a Deputy Registrar may also be exercised by a Judicial Registrar or a Registrar.
(2) A power or function expressed by these Rules to be conferred on a Registrar may also be exercised by a Judicial Registrar.
(3) A Judicial Registrar, Registrar or Deputy Registrar exercising a power of the court or performing any function in connection with a power of the court has the same protection and immunity as a Judge or Magistrate.
### Division 18.1.2—Delegation to Judicial Registrars
#### 18.02 Delegation of powers to Judicial Registrars
(1) All of the powers vested in the Family Court by legislative provisions in relation to a case in which the court is exercising original jurisdiction are delegated to each Judicial Registrar except the power to make:
(a) an excluded child order;
(b) an order setting aside a registered award under section 13K of the Act;
(c) an order or declaration under section 78, 79 or 79A, subsection 87(8), 90J(3) or 90K(1), section 90SL, 90SM or 90SN or subsection 90UL(3) or 90UM(1) of the Act, if the gross value of the property is more than $2 000 000;
(d) an order under section 70NFD of the Act to vary or discharge an order under paragraph 70NFB(2)(a) of the Act that was not made by a Judicial Registrar;
(e) an order under section 112AK of the Act to vary or discharge an order under section 112AD of the Act that was not made by a Judicial Registrar;
(ea) an order under section 118 of the Act;
(f) an order under the Marriage Act 1961;
(g) an order reviewing the exercise of a power by a Judicial Registrar, Registrar or Deputy Registrar; and
(h) any of the orders under these Rules mentioned in Table 18.1.
Table 18.1 Powers not delegated to Judicial Registrars
| Item | Provision of these Rules |
| ---- | ------------------------ |
| 1 | rule 4.07 |
| 2 | Division 4.2.3 |
| 2A | Division 4.2.8 |
| 3 | Part 10.3 |
| 4 | rule 11.04 |
| 5 | rule 11.05 |
> Note: The powers of the court in its appellate jurisdiction, set out in Part X of the Act, are not delegated to Judicial Registrars.
(2) Despite paragraph (1)(f), the power to make an order under subsection 92(1) of the Marriage Act 1961 is delegated to a Judicial Registrar.
(3) Paragraphs (1)(c), (d) and (e) do not apply to an order that is:
(a) an order until further order;
(b) an order made in an undefended case; or
(c) an order made with the consent of all the parties to the case.
(4) Paragraph (1)(c) does not apply if:
(a) the order is a flagging order; or
(b) the parties consent to the exercise of the power by a Judicial Registrar.
(5) For paragraph (1)(c), the value of any superannuation interest must be included in the calculation of the gross value of the property.
> Note: Under section 90MC of the Act, a superannuation interest is to be treated as property for the purposes of paragraph (ca) of the definition of matrimonial cause in section 4 of the Act.
#### 18.03 Property value exceeding limit—power to determine case
If, in a case:
(a) a Judicial Registrar exercises the power of the court mentioned in paragraph 18.02(1)(c); and
(b) it becomes apparent during the trial that the gross value of the property to be dealt with in the case exceeds $2 000 000;
the Judicial Registrar may continue to hear and determine the case.
> Note: Under section 90MC of the Act, a superannuation interest is to be treated as property for the purposes of paragraph (ca) of the definition of matrimonial cause in section 4 of the Act.
### Division 18.1.3—Delegation of powers to Registrars and Deputy Registrars
#### 18.04 Application of Division 18.1.3
This Division applies:
(a) to a Registrar or Deputy Registrar who is enrolled as a lawyer of the High Court or of the Supreme Court of a State or Territory; and
(b) subject to any arrangement made under subsection 37B(2) of the Act.
> Note: Under subsection 37B(2) of the Act, the Chief Executive Officer may direct which Registrars or Deputy Registrars are to perform any functions or exercise any power under the Act, Regulations or these Rules in particular matters or classes of matters.
#### 18.05 Registrars
(1) Each power of the court mentioned in an item of Table 18.2 is delegated to each Registrar who is approved, or is in a class of Registrars approved, by a majority of the Judges to exercise the power.
Table 18.2 Powers delegated to Registrars
```html
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td style="width:11.9%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:88.1%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Legislative provision</span></p></td></tr></thead><tbody><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Family Law Act</span></p></td></tr><tr><td style="width:11.9%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1AA</span></p></td><td style="width:88.1%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subparagraph</span><span> </span><span>37A(1)(e)(iv) and paragraph</span><span> </span><span>37A(1)(f)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>46(3A)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>63H</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>65D (except an excluded child order)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>65L</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>66G, 66M, 66P and 66Q</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>66S</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>66W</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>67D(1) and section</span><span> </span><span>67E</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>67M(2)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>67N(2)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11A</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>67U</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>67ZD</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>68B(1) and (2)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>69V and 69VA, subsection</span><span> </span><span>69W(1), section</span><span> </span><span>69X and subsection</span><span> </span><span>69ZC(2)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15A</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subject to item</span><span> </span><span>15B of this table, Division</span><span> </span><span>13A of Part</span><span> </span><span>VII (except paragraph</span><span> </span><span>70NFB(2)(e) and only if:</span></p><p class="Tablea"><span>(a) the order made is an order until further order; or</span></p><p class="Tablea"><span>(b) the power is exercised in an undefended case; or</span></p><p class="Tabletext"><span>(c) the power is exercised with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15B</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>70NBA and 70NFD (but only if the order to be varied or discharged:</span></p><p class="Tablea"><span>(a) was made by a Registrar; or</span></p><p class="Tablea"><span>(b) is an order until further order; or</span></p><p class="Tablea"><span>(c) was made in an undefended case; or</span></p><p class="Tabletext"><span>(d) was made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>74 and 77</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16A</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>78, 79 and 79A (but only if:</span></p><p class="Tablea"><span>(a) the declaration or order made is a declaration or an order until further order; or</span></p><p class="Tabletext"><span>(b) the power is exercised in an undefended case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>17</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>83(1)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>87(3)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18AA</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>87(8), 90J(3) and 90K(1) (but only if the order is:</span></p><p class="Tablea"><span>(a) an order until further order; or</span></p><p class="Tabletext"><span>(b) made in an undefended case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18A</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>90SE and 90SG</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18B</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>90SI</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18C</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>90SL, 90SM and 90SN (but only if:</span></p><p class="Tablea"><span>(a) the declaration or order made is a declaration or an order until further order; or</span></p><p class="Tabletext"><span>(b) the power is exercised in an undefended case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18D</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>90UL(3) and 90UM(1) (but only if the order is:</span></p><p class="Tablea"><span>(a) an order until further order; or</span></p><p class="Tabletext"><span>(b) made in an undefended case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>19</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>100B</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>102A</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>106A</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21A</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="Tabletext"><span>subject to item</span><span> </span><span>21B of this table, Part</span><span> </span><span>XIIIA (except paragraph</span><span> </span><span>112AD(2)(d) and only if:</span></p><p class="Tablea"><span>(a) the order is an order until further order; or</span></p><p class="Tablea"><span>(b) the power is exercised in an undefended case; or</span></p><p class="Tabletext"><span>(c) the power is exercised with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21B</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>112AK(1) (but only if the order to be varied or discharged:</span></p><p class="Tablea"><span>(a) was made by a Registrar; or</span></p><p class="Tablea"><span>(b) is an order until further order; or</span></p><p class="Tablea"><span>(c) was made in an undefended case; or</span></p><p class="Tabletext"><span>(d) was made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21C</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>114(3)</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Assessment Act</span></p></td></tr><tr><td style="width:11.9%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22AA</span></p></td><td style="width:88.1%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Divisions</span><span> </span><span>4 and 5 of Part</span><span> </span><span>7</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>139</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Registration Act</span></p></td></tr><tr><td style="width:11.9%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23</span></p></td><td style="width:88.1%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>105(2)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23A</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>111B(1)</span></p></td></tr><tr><td style="width:11.9%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23B</span></p></td><td style="width:88.1%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>113</span></p></td></tr></tbody></table>
```
(2) Each power vested in the court by these Rules and mentioned in an item of Table 18.3 is delegated to each Registrar.
Table 18.3 Powers under Rules delegated to Registrars
| Item | Provision of Family Law Rules |
| ---- | ------------------------------------- |
| 2 | Part 6.3 |
| 3 | subrule 10.11(5) |
| 3A | paragraphs 10.12(c) and (d) |
| 3B | paragraphs 10.14(d) and (e) |
| 4 | rule 13.14 |
| 5 | rule 15.02 |
| 6 | Part 15.4 |
| 7 | paragraphs 17.02(1)(a) to (d) and (f) |
| 8 | Division 20.3.2 |
| 9 | rule 20.37 |
| 9A | rule 20.39 |
| 10 | Part 20.5 |
| 11 | Part 20.6 |
| 12 | Part 20.7 |
| 13 | Part 21.4 |
#### 18.06 Deputy Registrars
(1) Each power of the court mentioned in an item of Table 18.4 is delegated to each Deputy Registrar.
Table 18.4 Powers delegated to Deputy Registrars
```html
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Legislative provision</span></p></td></tr></thead><tbody><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Family Law Act</span></p></td></tr><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>11F</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>11G</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>13B</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>13C</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>13D</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>13E and 13F</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><a id="_Hlk131831369"><span>7</span></a></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>27A</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>33B and 33C</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subject to items</span><span> </span><span>21, 21A, 21F and 21G of this table, subsection</span><span> </span><span>37A(1) (except subparagraph</span><span> </span><span>(e)(iv) and the reference in subparagraph</span><span> </span><span>(f)(i) to an order under section</span><span> </span><span>66Q or 67E)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>44(1C)</span></p></td></tr><tr><td style="width:14.66%; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10A</span></p></td><td style="width:85.34%; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>44(3A)(d) (but only if all parties consent to leave being granted)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10B</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>44(3B)(d) (but only if all parties consent to leave being granted)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10C</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>44(6) (but only if all parties consent to leave being granted)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>45(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>48 (if the case is undefended)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>55(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>14</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>55A</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>57</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>60I(9)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16A</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>60I(10)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16B</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>60J(1)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>17</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>62G</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>63E(3)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18AAA</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>65D (but only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the order is made in an undefended case;</span></p><p class="Tablei"><span>(ii) the order is to come into effect at least 21 days after the order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext"><span>(b) the order is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18A</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>65G(2)(b)</span></p></td></tr><tr><td style="width:14.66%; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18AA</span></p></td><td style="width:85.34%; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>67M(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18AB</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>67N(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18B</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraphs 67ZBB(2)(a), (b) and (c) (procedural orders only)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>19</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>68L</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>19A</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>68M(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>69ZW</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>74 (but only if:</span></p><p class="Tablea"><span>(a) all of the following apply:</span></p><p class="Tablei"><span>(i) the order is an order until further order;</span></p><p class="Tablei"><span>(ii) the order is made in an undefended case;</span></p><p class="Tablei"><span>(iii) the order is to come into effect at least 21 days after the order is served on the other party; or</span></p><p class="Tabletext"><span>(b) the order is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21A</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>77 (but only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the order is made in an undefended case;</span></p><p class="Tablei"><span>(ii) the order is to come into effect at least 21 days after the order is served on the other party; or</span></p><p class="Tabletext"><span>(b) the order is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21B</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>78, 79 and 79A (except paragraph</span><span> </span><span>79(9)(c) and only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the power is exercised in an undefended case;</span></p><p class="Tablei"><span>(ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext"><span>(b) the power is exercised with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21C</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>79(9)(c)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21D</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>83(1) (but only if:</span></p><p class="Tablea"><span>(a) all of the following apply:</span></p><p class="Tablei"><span>(i) the order to be discharged, suspended, revived or varied is an order until further order;</span></p><p class="Tablei"><span>(ii) the order to discharge, suspend, revive or vary is made in an undefended case;</span></p><p class="Tablei"><span>(iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext" style="margin-left:14.2pt; text-indent:-14.2pt"><span>(b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21E</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>87(8), 90J(3) and 90K(1) (but only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the order is made in an undefended case;</span></p><p class="Tablei"><span>(ii) the order is to come into effect at least 21 days after the order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext"><span>(b) the order is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21F</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>90SE (but only if:</span></p><p class="Tablea"><span>(a) all of the following apply:</span></p><p class="Tablei"><span>(i) the order is an order until further order;</span></p><p class="Tablei"><span>(ii) the order is made in an undefended case;</span></p><p class="Tablei"><span>(iii) the order is to come into effect at least 21 days after the order is served on the other party; or</span></p><p class="Tabletext"><span>(b) the order is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21G</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>90SG (but only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the order is made in an undefended case;</span></p><p class="Tablei"><span>(ii) the order is to come into effect at least 21 days after the order is served on the other party; or</span></p><p class="Tabletext"><span>(b) the order is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21H</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>90SI (but only if:</span></p><p class="Tablea"><span>(a) all of the following apply:</span></p><p class="Tablei"><span>(i) the order to be discharged, suspended, revived or varied is an order until further order;</span></p><p class="Tablei"><span>(ii) the order to discharge, suspend, revive or vary is made in an undefended case;</span></p><p class="Tablei"><span>(iii) the order to discharge, suspend, revive or vary is to come into effect at least 21 days after the order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext" style="margin-left:14.2pt; text-indent:-14.2pt"><span>(b) the order to discharge, suspend, revive or vary is made with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21J</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>sections</span><span> </span><span>90SL, 90SM and 90SN (except paragraph</span><span> </span><span>90SM(9)(c) and only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the power is exercised in an undefended case;</span></p><p class="Tablei"><span>(ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext"><span>(b) the power is exercised with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21K</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>90SM(9)(c)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21L</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>90UL(3) and 90UM(1) (but only if:</span></p><p class="Tablea"><span>(a) both of the following apply:</span></p><p class="Tablei"><span>(i) the power is exercised in an undefended case;</span></p><p class="Tablei"><span>(ii) the declaration or order is to come into effect at least 21 days after the declaration or order is served on the non</span><span>‑</span><span>appearing party; or</span></p><p class="Tabletext"><span>(b) the power is exercised with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>91B(1)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>92(1) and (2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23A</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraphs 94(2D)(a), (b), (c), (e), (g), (h), (i) and (j)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23B</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>94(2D)(d) (but only if all parties consent to the orders sought)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23C</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraphs 94AAA(10)(a), (b), (c), (e), (g), (h), (i) and (j)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23D</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>94AAA(10)(d) (but only if all parties consent to the orders sought)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>24</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>97(1A)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>97(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>26</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>98A</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>27</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>101</span></p></td></tr><tr><td style="width:14.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>28</span></p></td><td style="width:85.34%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>106A</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>30</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>117(2)</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Family Law Regulations</span></p></td></tr><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>31</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subregulation</span><span> </span><span>4(1)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>32</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>regulation</span><span> </span><span>5</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>33</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>6(1)(a)</span></p></td></tr><tr><td style="width:14.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>33AA</span></p></td><td style="width:85.34%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subregulation</span><span> </span><span>23(6)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>33A</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subregulation</span><span> </span><span>67Q(4)</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Bankruptcy Act</span></p></td></tr><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>34</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>33</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>35</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>81</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>36</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>264B</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>37</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>309(2)</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Trans</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">Tasman Proceedings Act 2010</span></p></td></tr><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>38</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>31(1)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>39</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>paragraph</span><span> </span><span>32(1)(b)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>40</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsections</span><span> </span><span>36(1), (4) and (6)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>41</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>37(4)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>42</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>38</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Assessment Act</span></p></td></tr><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>43</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>section</span><span> </span><span>139 (but only if the order is made:</span></p><p class="Tablea"><span>(a) in an undefended case; or</span></p><p class="Tabletext"><span>(b) with the consent of all the parties to the case)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>44</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>Divisions</span><span> </span><span>4 and 5 of Part</span><span> </span><span>7 (but only if the order is made:</span></p><p class="Tablea"><span>(a) in an undefended case; or</span></p><p class="Tabletext"><span>(b) with the consent of all the parties to the case)</span></p></td></tr><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-weight:bold">Registration Act</span></p></td></tr><tr><td style="width:14.66%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>45</span></p></td><td style="width:85.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>105(2)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>46</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>subsection</span><span> </span><span>111B(1)</span></p></td></tr><tr><td style="width:14.66%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>47</span></p></td><td style="width:85.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>section</span><span> </span><span>113</span></p></td></tr></tbody></table>
```
(2) Each power vested in the court by these Rules and mentioned in an item of Table 18.5 is delegated to each Deputy Registrar.
Table 18.5 Powers under Rules delegated to Deputy Registrars
| Item | Provision of Rules |
| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 1 | Part 1.2 |
| 2 | Part 1.3 |
| 3 | rule 5.06 |
| 4 | rule 5.07 |
| 4A | subrule 5.11(2) |
| 5 | Part 5.4 |
| 6 | rule 6.04 |
| 6A | rule 6.05 |
| 6B | Part 6.3 |
| 7 | rule 6.15 |
| 8 | Chapter 7 |
| 9 | rule 8.02 |
| 10 | rule 10.11 |
| 11 | Part 10.4 |
| 12 | rule 11.01 (except paragraphs 3 (d) and (k) of Table 11.1) |
| 13 | paragraph 11.02(2)(a), paragraph 11.02(2)(d) (except the reference, by incorporation, in that paragraph to paragraphs 3(d) and (k) of Table 11.1), and paragraphs 11.02(2)(e) and (g) |
| 14 | paragraph 11.03(1)(a) |
| 14A | subrules 11.06(1) and (2) |
| 15 | subrule 11.10(1) |
| 16 | rule 11.14 |
| 18 | Part 11.3 |
| 19 | Chapter 12 |
| 20 | Chapter 13 (except paragraph 13.14(b)) |
| 21 | rule 14.01 (except subrules (2) and (5)) |
| 22 | rule 15.04 |
| 24 | rule 15.13 |
| 25 | Divisions 15.3.1 and 15.3.2 |
| 26 | Part 15.4 |
| 31 | Part 15.5 |
| 31A | Rule 16A.04 |
| 31B | paragraphs 17.02(1)(e), (g) and (h) |
| 32 | Chapter 19 (except Part 19.8) and Schedule 6 (except Part 6.8) |
| 33 | Chapter 20 |
| 34 | Part 21.4 |
| 36 | Chapter 23 |
| 37 | Chapter 24 |
| 38 | rule 26.05 |
| 39 | paragraph 26.12(a) |
| 40 | rule 26.13 |
| 41 | paragraph 26.18(a) |
| 42 | rule 26.29 |
| 43 | rule 26.30 |
| 45 | Part 26B.1 |
| 46 | Divisions 26B.2.1 and 26B.2.2 |
> Note: Under subsection 37B(2) of the Act, the Chief Executive Officer may direct which Registrars or Deputy Registrars are to perform any function or exercise any power under the Act, the regulations or these Rules in particular matters or classes of matters.
(3) A power of the court mentioned in item 34 of Table 18.5 may only be exercised by a Deputy Registrar when dealing with a case in relation to which a Deputy Registrar has, or has been delegated, the power to exercise the court’s jurisdiction.
## Part 18.2—Review of decisions
#### 18.07 Application of Part 18.2
This Part:
(a) applies to an application for the review of an order of a Judicial Registrar, Registrar or Deputy Registrar; and
(b) does not apply to an application for a review of an order made by an Appeal Registrar.
> Note 1: Subsection 37A(9) of the Act provides that a party may apply for the review of a Registrar’s order.
> Note 2: A party seeking a review of an Appeal Registrar’s order relating to the conduct of an appeal may file an Application in an Appeal in the Regional Appeal Registry within 14 days after the order is made (see rule 22.40).
#### 18.08 Review of order or decision
(1) A party may apply for a review of an order mentioned in an item of Table 18.6 by filing an Application in a Case and a copy of the order appealed from in the filing registry within the time mentioned in the item.
Table 18.6 Orders that may be reviewed
| Item | Order | Time within which application must be made |
| ---- | ---------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------ |
| 1 | Order made by a Judicial Registrar exercising a power delegated under rules 18.02 and 18.03 and subrule 18.05(1) | within 28 days after the Judicial Registrar makes the order |
| 2 | Order made by a Registrar exercising a power mentioned in subrule 18.05(1) | within 21 days after the Registrar makes the order |
| 3 | Order made by a Judicial Registrar or Registrar exercising a power delegated under subrule 18.05(2) | within 21 days after the Judicial Registrar or Registrar makes the order |
| 4 | Order made by a Judicial Registrar, Registrar or Deputy Registrar exercising a power delegated under rule 18.06 | within 21 days after the Judicial Registrar, Registrar or Deputy Registrar makes the order |
| 5 | Order made by a Judicial Registrar, Registrar or Deputy Registrar in a bankruptcy case | within 21 days after the Judicial Registrar, Registrar or Deputy Registrar makes the order |
(2) A party may apply for a review of any other order or decision made under these Rules by a Registrar or Deputy Registrar by filing an Application in a Case and a copy of the order or decision appealed from in the filing registry within 28 days after the order or decision is made.
> Note 1: Chapter 5 sets out the procedure for filing an Application in a Case. The application for review will be listed for hearing by a Judge within 28 days after the date of filing of the application.
> Note 2: A person may apply for an extension of the time in which an application must be made (see rule 1.14).
#### 18.09 Stay
(1) Subject to subrule (3), the filing of an application for a review of an order does not operate as a stay of the order.
(2) A party may apply for a stay of an order in whole or in part.
> Note: Chapter 5 sets out the procedure for making an application in a case.
(3) If a divorce order has been granted by a Judicial Registrar, Registrar or Deputy Registrar, an application for review of the order is taken to be an appeal within the meaning of subsection 55(3) of the Act.
#### 18.10 Power of court on review
(1) A court must hear an application for review of an order of a Judicial Registrar, Registrar or Deputy Registrar as an original hearing.
> Note: In an original hearing, the court rehears the whole matter and does not simply review the decision of the original court.
(2) The court may receive as evidence:
(a) any affidavit or exhibit tendered in the first hearing;
(b) any further affidavit or exhibit;
(c) the transcript (if any) of the first hearing; or
(d) if a transcript is not available, an affidavit about the evidence that was adduced at the first hearing, sworn by a person who was present at the first hearing.
Chapter 19—Party/party costs
> Note: Summary of Chapter 19
> Note: Chapter 19 regulates the costs between parties for fresh applications in family law cases, except any part of a case in which a Family Court is exercising its bankruptcy jurisdiction. Chapter 26 contains provisions which regulate the charges of lawyers for a part of a case involving bankruptcy matters.
> Note: For a dispute between a lawyer and a client about the costs charged by the lawyer:
> Note: (a) for a fresh application commenced after 30 June 2008;
> Note: (b) under a new agreement between the lawyer and the client entered into after 30 June 2008; or
> Note: (c) under a new retainer entered into by a client in the client’s case after 30 June 2008, if the client instructs a new lawyer in a new firm;
> Note: see the State or Territory legislation governing the legal profession in the State or Territory where the lawyer practices.
> Note: For the meaning of fresh application, see the Dictionary.
> Note: Schedule 6 Costs— rules before 1 July 2008 sets out the rules that apply to cases not covered by this Chapter.
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
## Part 19.1—General
#### 19.01 Application of Chapter 19
(1) Subject to subrule (3), this Chapter:
(a) applies to costs for work done for a case, or in complying with pre‑action procedures, in relation to a fresh application, paid or payable by one party to another; and
(b) creates a duty for lawyers to give information about costs to their clients.
(2) A party may only recover costs from another party in accordance with these Rules or an order.
> Note: A self‑represented party is not entitled to recover costs for work done for a case (except work done by a lawyer) but, if so ordered, may be entitled to recover some payments.
(3) This Chapter does not apply to costs in any part of a case in which a Family Court is exercising its jurisdiction under section 35, 35A or 35B. of the Bankruptcy Act.
#### 19.02 Interest on outstanding costs
Interest is payable on outstanding costs at the rate mentioned in rule 17.03.
## Part 19.2—Obligations of a lawyer about costs
#### 19.03 Duty to inform about costs
(1) If an offer to settle is made during a property case, the lawyer for each party must tell the party:
(a) the party’s actual costs, both paid and owing, up to the date of the offer to settle; and
(b) the estimated future costs to complete the case;
to enable the party to estimate the amount the party will receive if the case is settled in accordance with the offer to settle, after taking into account costs.
(2) In this rule:
> lawyer does not include counsel instructed by another lawyer.
#### 19.04 Notification of costs
(1) This rule applies to the following court events:
(a) conciliation conference;
(b) the first day of the allocated dates mentioned in rule 16.10;
(c) any other court events that the court orders.
(2) Immediately before each court event, the lawyer for a party must give the party a written notice of:
(a) the party’s actual costs, both paid and owing, up to and including the court event;
(b) the estimated future costs of the party up to and including each future court event; and
(c) any expenses paid or payable to an expert witness or, if those expenses are not known, an estimate of the expenses.
(3) At each court event:
(a) a party’s lawyer must give to the court and each other party a copy of the notice given to the party under subrule (2); and
(b) an unrepresented party must give to the court and each other party a written statement of:
(i) the actual costs incurred by the party up to and including the event; and
(ii) the estimated future costs of the party up to and including each future court event.
(4) Immediately before the first day of the trial, an independent children’s lawyer must give to the court and each party a written statement of the actual costs incurred by the independent children’s lawyer up to and including the trial.
(5) In a financial case, a notice under subrule (2) or a statement under paragraph (3)(b) must specify the source of the funds for the costs paid or to be paid unless the court orders otherwise.
> Note: The court may relieve a party from being required to disclose the source of the funds if, for example, the source is a third party (see rule 1.12).
(6) At the end of a court event, the court must return the copy of the notice or statement given under this rule to the person who gave it.
(7) In this rule:
> lawyer does not include counsel instructed by another lawyer.
## Part 19.3—Security for costs
#### 19.05 Application for security for costs
(1) A respondent may apply for an order that the applicant in the case give security for the respondent’s costs.
> Note: Chapter 5 sets out the procedure for making an application for interim, procedural, ancillary or other incidental orders.
(2) In deciding whether to make an order, the court may consider any of the following matters:
(a) the applicant’s financial means;
(b) the prospects of success or merits of the application;
(c) the genuineness of the application;
(d) whether the applicant’s lack of financial means was caused by the respondent’s conduct;
(e) whether an order for security for costs would be oppressive or would stifle the case;
(f) whether the case involves a matter of public importance;
(g) whether a party has an order, in the same or another case (including a case in another court), against the other party for costs that remains unpaid;
(h) whether the applicant ordinarily resides outside Australia;
(i) the likely costs of the case;
(j) whether the applicant is a corporation;
(k) whether a party is receiving legal aid.
(3) In subrule (1):
> respondent includes an applicant who has filed a reply because orders in a new cause of action have been sought in the response.
#### 19.06 Order for security for costs
If the court orders a party to give security for costs, the court may also order that, if the security is not given in accordance with the order, the case of the party be stayed.
> Note: The court may, on application or on its own initiative, dismiss a case for want of prosecution.
#### 19.07 Finalising security
(1) Security for costs may be applied in satisfaction of any costs ordered to be paid.
(2) Security for costs may be discharged by order.
(3) If security for costs is paid into court, the court may order that it be paid out of court.
## Part 19.4—Costs orders
#### 19.08 Order for costs
(1) A party may apply for an order that another person pay costs.
(2) An application for costs may be made:
(a) at any stage during a case; or
(b) by filing an Application in a Case within 28 days after the final order is made.
(3) A party applying for an order for costs on an indemnity basis must inform the court if the party is bound by a costs agreement in relation to those costs and, if so, the terms of the costs agreement.
> Note 1: The court may make an order for costs on its own initiative (see rule 1.10).
> Note 2: A party may apply for an order for costs within 28 days after the filing of a notice of discontinuance by the other party (see subrule 10.11(4)).
> Note 3: A party may apply for an extension of time to make an application (see rule 1.14).
> Note 4: For costs orders related to appeals, see Part 22.10.
(4) In making an order for costs, the court may set a time for payment of the costs that may be before the case is finished.
#### 19.09 Costs order for cases in other courts
(1) This rule applies to a case in the Family Court that:
(a) has been transferred from another court; or
(b) is on appeal from a decision of another court.
(2) The Family Court may make an order for costs in relation to the case before the other court.
(3) The order may specify:
(a) the amount to be allowed for the whole or part of the costs; or
(b) that the whole or part of the costs is to be calculated in accordance with these Rules or the rules of the other court.
#### 19.10 Costs orders against lawyers
(1) A person may apply for an order under subrule (2) against a lawyer for costs thrown away during a case, for a reason including:
(a) the lawyer’s failure to comply with these Rules or an order;
(b) the lawyer’s failure to comply with a pre‑action procedure;
(c) the lawyer’s improper or unreasonable conduct; and
(d) undue delay or default by the lawyer.
(2) The court may make an order, including an order that the lawyer:
(a) not charge the client for work specified in the order;
(b) repay money that the client has already paid towards those costs;
(c) repay to the client any costs that the client has been ordered to pay to another party;
(d) pay the costs of a party; or
(e) repay another person’s costs found to be incurred or wasted.
#### 19.11 Notice of costs order
(1) Before making an order for costs against a lawyer or other person who is not a party to a case, the court must give the lawyer or other person a reasonable opportunity to be heard.
(2) If a party who is represented by a lawyer is not present when an order is made that costs are to be paid by the party or the party’s lawyer, the party’s lawyer must give the party written notice of the order and an explanation of the reason for the order.
## Part 19.5—Calculation of costs
#### 19.18 Method of calculation of costs
(1) The court may order that a party is entitled to costs:
(a) of a specific amount;
(b) as assessed on a particular basis (eg lawyer and client, party/party or indemnity);
(c) to be calculated in accordance with the method stated in the order; or
(d) for part of the case, or part of an amount, assessed in accordance with Schedule 3.
> Note: Example: For paragraph (1)(c), the stated method may be in accordance with Schedule 3 but with an additional percentage for complexity.
(2) If costs are payable under the Act or these Rules, or the court orders that costs be paid and does not specify the method for their calculation, the costs are to be assessed on a party/party basis.
(3) In making an order under subrule (1), the court may consider:
(a) the importance, complexity or difficulty of the issues;
(b) the reasonableness of each party’s behaviour in the case;
(c) the rates ordinarily payable to lawyers in comparable cases;
(d) whether a lawyer’s conduct has been improper or unreasonable;
(e) the time properly spent on the case, or in complying with pre‑action procedures; and
(f) expenses properly paid or payable.
#### 19.19 Maximum amount of party/party costs recoverable
(1) This rule sets out the maximum amount of party/party costs a person may recover:
(a) if the court orders that costs are to be paid and does not fix the amount; and
(b) if a person is entitled to costs under these Rules.
(2) The maximum amount of costs that a person may recover under this rule is as follows:
(a) for fees—an amount calculated in accordance with Schedules 3 and 4;
(b) for an expense mentioned in Schedule 4 (other than item 101)—the amount specified in Schedule 4 for that expense;
(c) for any other expenses—a reasonable amount.
## Part 19.6—Claiming and disputing costs
### Division 19.6.1—Itemised costs account
> Note: This Division provides that, if an account payable by a person is not in an itemised form, the person has the right to request an itemised account (an itemised costs account). The person may then dispute the itemised costs account by following the procedures set out in this Division. A person may apply to extend the time for taking any action required under these Rules (see rule 1.14).
#### 19.20 Request for itemised costs account
A person who has received an account (except an itemised costs account) and wants to dispute the account, or any part of it, must, within 28 days after receiving the account, request the lawyer who sent it to serve an itemised costs account for the whole or part of the account disputed.
#### 19.21 Service of lawyer’s itemised costs account
(1) A person entitled to party and party costs must serve an itemised costs account on the person liable to pay the costs within 4 months after the end of the case.
> Note: A person entitled to costs may serve an itemised costs account even if the person liable to pay the costs has not requested it.
(2) For party and party costs, the person entitled to costs must serve a costs notice at the same time as the itemised costs account is served under subrule (1).
#### 19.22 Lawyer’s itemised costs account
(1) An itemised costs account (the account) must specify each item of costs and expense claimed.
(2) Each item specified in the account must be numbered and described in sufficient detail to enable the account to be assessed.
(3) The account must set out, in columns across the page, the following information:
(a) in relation to each item for which costs are payable:
(i) the date when the item occurred;
(ii) a description of the item, including whether the work was done by a lawyer or an employee or agent of a lawyer;
(iii) the amount payable for the item;
(b) at the end of the column setting out the amount payable—the total amount payable for the items.
(4) For each expense claimed, the account must include:
(a) the date when the expense was incurred;
(b) the name of the person to whom the expense was paid;
(c) the nature of the expense; and
(d) the amount paid.
#### 19.23 Disputing itemised costs account
A person served with an itemised costs account may dispute it by serving on the person entitled to the costs a Notice Disputing Itemised Costs Account within 28 days after the account was served.
> Note 1: A person may apply for an extension of time to dispute an account (see rule 1.14).
> Note 2: If no Notice Disputing Itemised Costs Account is received and the costs are not paid, the person entitled to the costs may seek a costs assessment order (see rule 19.37).
> Note 3: If the parties agree on the amount to be paid for costs, they may file a draft consent order (see Part 10.4 for consent orders).
#### 19.24 Assessment of disputed costs
(1) This rule applies if a Notice Disputing Itemised Costs Account has been served under rule 19.23.
(2) The parties to a dispute in relation to costs must make a reasonable and genuine attempt to resolve the dispute.
(3) If the parties are unable to resolve the dispute, either party may ask the court to determine the dispute by filing in the filing registry of the court where the case was conducted the itemised costs account and the Notice Disputing Itemised Costs Account no later than 42 days after the Notice Disputing Itemised Costs Account was served.
(4) The court may take into account a failure to comply with subrule (2) when considering any order for costs.
> Note 1: A party may apply for an extension of the time mentioned in subrule (3) (see rule 1.14).
> Note 2: A person filing a document must serve the document on each person to be served (see subrule 7.04(4)).
#### 19.25 Amendment of itemised costs account and Notice Disputing Itemised Costs Account
A party may amend an itemised costs account or a Notice Disputing Itemised Costs Account by filing the amended document with the amendments clearly marked:
(a) at least 14 days before the date fixed for the assessment hearing; or
(b) after that time with the consent of the other party.
> Note 1: A party amending an itemised costs account or Notice Disputing Itemised Costs Account may apply for an extension of the time mentioned in paragraph (a) (see rule 1.14).
> Note 2: The only items that may be raised at an assessment hearing are those items included in the itemised costs account or Notice Disputing Itemised Costs Account (see subrule 19.32(2)).
### Division 19.6.2—Assessment process
#### 19.26 Fixing date for first court event
(1) On the filing of an itemised costs account and a Notice Disputing Itemised Costs Account under subrule 19.24(3), the Registrar must fix a date for:
(a) a settlement conference (see rule 19.28);
(b) a preliminary assessment (see rule 19.29); or
(c) an assessment hearing (see rule 19.32).
(2) The date fixed must be at least 21 days after the Notice Disputing Itemised Costs Account is filed.
#### 19.27 Notification of hearing
A party filing a Notice Disputing Itemised Costs Account must give the party who served the itemised costs account at least 14 days notice of the court event and the date fixed for the event under rule 19.26.
#### 19.28 Settlement conference
At a settlement conference for an itemised costs account, the Registrar:
(a) must:
(i) give the parties an opportunity to agree about the amount for which a costs assessment order should be made; or
(ii) identify the issues in dispute; and
(b) must make procedural orders for the future conduct of the assessment process.
#### 19.29 Preliminary assessment
(1) At a preliminary assessment of an itemised costs account, the Registrar must, in the absence of the parties, calculate the amount (the preliminary assessment amount) for which, if the costs were to be assessed, the costs assessment order would be likely to be made.
(2) The Registrar must give each party written notice of the preliminary assessment amount.
#### 19.30 Objection to preliminary assessment amount
(1) A party may object to the preliminary assessment amount by:
(a) giving written notice of the objection to the Registrar and the other party; and
(b) paying into court a sum equal to 5% of the total amount claimed in the itemised costs account as security for the cost of any assessment of the account;
within 21 days after receiving written notice of the preliminary assessment amount.
(2) On receiving a notice and security, the Registrar must fix a date for an assessment hearing for the itemised costs account.
(3) The party objecting may be ordered to pay the other party’s costs of the assessment from the date of giving notice under paragraph (1)(a) unless the itemised costs account is assessed with a variation in the objecting party’s favour of at least 20% of the preliminary assessment amount.
> Note: The court may order that a party is not required to pay security under paragraph (1)(b).
#### 19.31 If no objection to preliminary assessment
(1) If:
(a) a Registrar does not receive a notice of objection under paragraph 19.30(1)(a); and
(b) an amount as security for costs is not paid under paragraph 19.30(1)(b);
the Registrar may make a costs assessment order for the amount of the preliminary assessment amount.
(2) A cost assessment order under this rule has the force and effect of an order of the court.
#### 19.32 Assessment hearing
(1) The Registrar conducting an assessment hearing for a disputed itemised costs account must:
(a) determine the amount (if any) to be deducted from each item included in the Notice Disputing Itemised Costs Account;
(b) determine the total amount payable for the costs of the assessment (if any);
(c) calculate the total amount payable for the costs allowed;
(d) deduct the total amount (if any) of costs paid or credited; and
(e) calculate the total amount payable for costs.
(2) At the assessment hearing, a party may only raise as an issue a disputed item included in the Notice Disputing Itemised Costs Account.
(3) At the end of the assessment hearing, the Registrar must:
(a) make a costs assessment order; and
(b) give a copy of the order to each party.
> Note: At an assessment hearing, the onus of proof is on the person entitled to costs. That person should bring to the hearing all documents supporting the items claimed.
(4) Within 14 days after the costs assessment order is made, a party may ask the Registrar to give reasons for the Registrar’s decision about a disputed item.
(5) A cost assessment order under this rule has the force and effect of an order of the court.
#### 19.33 Powers of Registrars
(1) A Registrar may do any of the following at an assessment hearing:
(a) summon a witness to attend;
(b) examine a witness;
(c) require a person to file an affidavit;
(d) administer an oath;
(e) order that a document be produced;
(f) make an interim or final costs assessment order;
(g) adjourn the assessment hearing;
(h) if satisfied that there has been a gross or consistent breach of a lawyer’s obligations under this Chapter—refer an issue to the appropriate professional regulatory body;
(i) refer to the court any question arising from the assessment;
(j) determine whether costs were reasonably incurred, were of a reasonable amount and were proportionate to the matters in issue;
(k) make a consent order fixing the amount of costs to be paid;
(l) dismiss an account if:
(i) it does not comply with these Rules or an order; or
(ii) the person entitled to costs does not attend the assessment hearing;
(m) order costs;
(n) do, or order another person to do, any other act that is required to be done under these Rules or an order.
> Note: Example for paragraph 19.33(1)(h)
> Note: An example of the kind of issue that may be referred to a professional regulatory body for a lawyer is if the lawyer grossly overcharged a client or failed to disclose an important issue.
(2) On being satisfied that the time for reviewing a costs assessment order has passed, the Registrar must:
(a) determine how any amount paid as security for the costs of assessment is to be distributed or refunded; and
(b) order that the payment be made out of court.
#### 19.34 Assessment principles
(1) A Registrar must not allow costs that, in the opinion of the Registrar:
(a) are not reasonably necessary for the attainment of justice; and
(b) are not proportionate to the issues in the case.
(2) If the court has ordered costs on an indemnity basis, the Registrar must allow all costs reasonably incurred and of a reasonable amount, having regard to, among other things:
(a) the scale of costs in Schedule 3;
(b) any costs agreement between the party to whom costs are payable and the party’s lawyer; and
(c) charges ordinarily payable by a client to a lawyer for the work.
(3) When assessing costs as between party and party, a Registrar must not allow:
(a) costs incurred because of improper, unnecessary or unreasonable conduct by a party or a party’s lawyer;
(b) costs for work (in type or amount) that was not reasonably required to be done for the case; or
(c) unusual expenses.
#### 19.35 Allowance for matters not specified
(1) A Registrar may allow a reasonable sum for work properly performed that is not specifically provided for in Schedule 3.
(2) When considering whether to allow an amount for costs or an expense, the Registrar may consider:
(a) any other fees paid or payable to the lawyer and counsel for work to which a fee or allowance applies;
(b) the complexity of the case;
(c) the amount or value of the property or financial resource involved;
(d) the nature and importance of the case to the party concerned;
(e) the difficulty or novelty of the matters raised in the case;
(f) the special skill, knowledge or responsibility required, or the demands made, of the lawyer by the case;
(g) the conduct of all the parties and the time spent on the case;
(h) the place where, and the circumstances in which, work or any part of it was done;
(i) the quality of work done and whether the level of expertise was appropriate to the nature of the work; and
(j) the time in which the work was required to be done.
#### 19.36 Neglect or delay before Registrar
(1) This rule applies if, after a Notice Disputing Itemised Costs Account disputing an itemised costs account has been filed under subrule 19.24(3), a party or a party’s lawyer:
(a) fails to comply with these Rules or an order; or
(b) puts another party to unnecessary or improper expense or inconvenience.
(2) The Registrar may:
(a) order the party to pay costs; or
(b) disallow all or part of the costs in the account.
#### 19.37 Costs assessment order—costs account not disputed
(1) This rule applies to a person entitled to costs who:
(a) has served an itemised costs account under rule 19.21; and
(b) has not received a Notice Disputing Itemised Costs Account under rule 19.23.
(2) A Registrar may make a costs assessment order if the person has filed:
(a) a copy of the itemised costs account; and
(b) an affidavit stating:
(i) when the itemised costs account was served on the person liable to pay the costs;
(ii) the amount (if any) that has been received or credited for the costs;
(iii) that the person liable to pay the costs has not served a Notice Disputing Itemised Costs Account under rule 19.23; and
(iv) that the time for serving a Notice Disputing Itemised Costs Account has passed.
(3) If a costs assessment order is made under subrule (2), the person entitled to costs must serve a copy of the order on the person liable to pay costs.
(4) A cost assessment order under this rule has the force and effect of an order of the court.
#### 19.38 Setting aside a costs assessment order
(1) This rule applies to a party who is liable to pay costs and receives a costs assessment order under subrule 19.31(1) or 19.37(3).
(2) The party may, within 14 days after receiving the costs assessment order, apply to have it set aside.
> Note: If a party wishes to object to a costs assessment order after an assessment hearing has taken place, the party must do so in accordance with Part 19.8.
## Part 19.7—Specific costs matters
#### 19.40 Costs in court of summary jurisdiction
A party cannot recover from another party costs, for work done by a lawyer in a court of summary jurisdiction, that are more than 80% of the amount mentioned in Schedule 3 that may be charged for the work.
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
#### 19.41 Charge for each page
(1) A lawyer may charge the amount specified in Schedule 3 for a document only if it complies with the requirements for documents specified in rule 24.01.
(2) For Schedule 3, the calculation of the number of words in a document excludes words that are part of:
(a) an approved form;
(b) the form in Schedule 2; or
(c) a document in a form approved by the Chief Executive Officer.
#### 19.42 Proportion of costs
If the scale in Schedule 3 provides for an amount to be charged that is based on time or number of words, the amount to be charged is an amount that is proportionate to the time or number of words actually taken or written.
#### 19.43 Costs for reading
If it is reasonable for a lawyer to read more than 50 pages for a case, the amount to be charged under item 104 in Schedule 3 is at the discretion of the Registrar.
#### 19.44 Postage within Australia
The charge mentioned in Schedule 3 for producing a document (including a letter) includes an allowance for:
(a) preparing one file copy of the document; and
(b) postage of the document in Australia.
#### 19.45 Waiting and travelling time
(1) Subrule (2) applies if:
(a) a lawyer has travelled less than 100 kilometres from the lawyer’s place of business to attend court; and
(b) it is not appropriate or proper for an agent to attend court instead of the lawyer.
(2) The lawyer may charge an amount for time reasonably spent attending a court event if the lawyer was:
(a) at court waiting for the court event to start or resume after the time allocated; or
(b) travelling to or from court.
(3) A lawyer who attends court for the hearing of 2 or more cases may charge, for each case, an amount that is reasonable, having regard to the time spent at each hearing:
(a) travelling to or from court; or
(b) waiting for each hearing to start or resume.
(4) The total amount that may be charged under this rule for all cases must not be more than the amount that may be charged under Part 1 of Schedule 3 for one case.
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
#### 19.46 Agent’s fees
The costs claimed by a lawyer for work done by another lawyer as agent of the lawyer must not be more than the amount the lawyer would have been entitled to charge under Schedule 3 if the lawyer had personally done the work.
> Note: This rule applies unless the court orders otherwise (see rule 1.12). An agent may claim for an amount that is specifically authorised by a client (see subrule 19.12(3)).
#### 19.49 Costs of cases not started together
(1) This rule applies if:
(a) a lawyer starts a case for a client that could reasonably have been started at the same time, and in the same court, as another case between the same parties; and
(b) the case was not started at that time in that court.
(2) The lawyer may charge for work done for all the cases only the amount the lawyer could have charged if the lawyer had started all the cases at the same time in the same court.
#### 19.50 Certificate as to counsel
The judicial officer hearing a case may certify that it was reasonable to engage a lawyer (including Queen’s Counsel and Senior Counsel) as counsel to attend for a party.
#### 19.51 Lawyer as counsel—party and party costs
(1) This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.
(2) The fees are a necessary expense for a case if:
(a) either:
(i) the case was heard by the Full Court; or
(ii) in any other case—it was reasonable to engage counsel to attend in the case;
(b) for a hearing or trial, counsel:
(i) was present for a considerable part of the hearing or trial; and
(ii) gave substantial assistance during the period to which the fees relate in the conduct of the case; and
(c) the fees are not more than the amount otherwise payable under these Rules for counsel engaged to attend in a case.
#### 19.52 Lawyer as counsel—assessment of fees
(1) This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.
(2) The Registrar may allow the costs of engaging more than one counsel, including counsel who is not Queen’s Counsel or Senior Counsel.
(3) If:
(a) counsel is engaged to attend at a trial; and
(b) the trial takes more than one day;
the Registrar may allow a fee in accordance with Part 2 of Schedule 3 for each further day or part of a day.
(4) The Registrar must not allow:
(a) a fee paid to counsel as a retainer;
(b) a reading fee, unless:
(i) the case is unusually complex; or
(ii) the amount of material involved is particularly large;
(c) for a case before a court of summary jurisdiction—an amount for counsel’s fees, other than in accordance with item 203 or 204 of Schedule 3; or
(d) if a daily fee for counsel’s attendance is payable in accordance with Part 2 of Schedule 3—an additional amount for work done for the case by counsel on any day for which the daily fee applies.
## Part 19.8—Review of assessment
#### 19.54 Application for review
(1) A party may apply to the court to review the decision of a Registrar under rule 19.32 by filing an Application in a Case.
(2) A party must include in the affidavit filed with the application:
(a) the number of each item in the itemised costs account to which the party objects to the Registrar’s decision;
(b) the reasons for objecting to the decision; and
(c) the decision sought from the court for each objection.
#### 19.55 Time for filing an application for review
An application for review must be filed within 14 days after the applicant receives the Registrar’s reasons given after a request made under subrule 19.32(4).
#### 19.56 Hearing of application
(1) An application for review must be heard by a Judge.
(2) At the hearing of the application:
(a) the court must not receive any new evidence;
(b) the court may:
(i) exercise all the powers of the Registrar;
(ii) set aside or vary the Registrar’s decision; and
(iii) return any item to the Registrar for reconsideration; and
(c) a party may raise an issue only if it:
(i) was identified as a disputed item in the Notice Disputing Itemised Costs Account;
(ii) concerns the costs of assessing the itemised costs account;
(iii) concerns an alleged error of calculation in, or omission from, the assessment of the itemised costs account; or
(iv) concerns an alleged error of law or fact by the Registrar, and the party has made a request under subrule 19.32(4).
(3) A hearing of an application for review does not operate as a stay of the decision reviewed.
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
Chapter 20—Enforcement of financial orders and obligations
> Note: Summary of Chapter 20
> Note: Chapter 20 sets out the processes for enforcing obligations in financial cases.
> Note: The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
> Note: A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
## Part 20.1—General
#### 20.01 Enforceable obligations
(1) The following obligations may be enforced under this Chapter:
(a) an obligation to pay money;
(b) an obligation to sign a document under section 106A of the Act (see Part 20.7);
(c) an order entitling a person to the possession of real property (see Part 20.7);
(d) an order entitling a person to the transfer or delivery of personal property (see Part 20.7).
(2) For paragraph (1)(a), an obligation to pay money includes:
(a) a provision requiring a payer to pay money under:
(i) an order made under the Act, the Assessment Act or the Registration Act;
(ii) a registered parenting plan;
(iii) an award made in arbitration and registered under section 13H of the Act;
(iv) a maintenance agreement registered under subsection 86(1) of the Act;
(v) a maintenance agreement approved under section 87 of the Act;
(vi) a financial agreement or termination agreement under Part VIIIA of the Act;
(via) a financial agreement under Part VIIIAB of the Act or a termination agreement under Part VIIIAB of the Act;
(vii) an agreement varying or revoking an original agreement dealing with the maintenance of a child under section 66SA of the Act; or
(viii) an overseas maintenance order or agreement that, under the Regulations, is enforceable in Australia;
(b) a liability to pay arrears accrued under an order or agreement;
(c) a debt due to the Commonwealth under section 30 or 67 of the Registration Act;
(d) a child support liability;
(e) a fine or the forfeiture of a bond; and
(f) costs, including the costs of enforcement.
(2A) For paragraph (1)(a), an obligation to pay money does not include an obligation arising out of costs for work done for a fresh application payable by a person to the person’s lawyer.
> Note: For enforcement of lawyer‑client costs for a fresh application, see the State or Territory legislation governing the legal profession in the State or Territory where the lawyer practices.
(3) This Chapter applies to an agreement mentioned in paragraph (2)(a) as if it were an order of the court in which it is registered or taken to be registered.
#### 20.02 When an agreement may be enforced
A person seeking to enforce an agreement must first obtain an order:
(a) for an agreement approved under section 87 of the Act—under paragraph 87(11)(c) of the Act; or
(b) for a financial agreement under Part VIIIA of the Act—under paragraph 90KA(c) of the Act; or
(c) for a financial agreement under Part VIIIAB of the Act—under paragraph 90UN(c) of the Act.
> Note: A party seeking to enforce an order made in another court or registry, must first register a copy of the order (see subsection 105(2) of the Act). A payee must obtain the court’s permission to enforce an order against a deceased payer’s estate (see subsection 105(3) of the Act).
#### 20.03 When a child support liability may be enforced
(1) This rule applies to a person seeking to enforce payment of a child support liability that is not an order and is not taken to be an order.
(2) Before an enforcement order is made, the person must first obtain an order for payment of the amount owed by filing:
(a) an Application in a Case and an affidavit setting out the facts relied on in support of the Application; and
(b) if the payee is the Child Support Agency or is seeking to recover a liability under section 113A of the Registration Act—a certificate under section 116 of the Registration Act.
(3) A payee who seeks to recover a child support liability in his or her own name under section 113A of the Registration Act must attach to the affidavit filed with the application a copy of the copy notice, given to the Child Support Agency, of his or her intention to institute proceedings to recover the debt due.
> Note 1: After the court has ordered payment of the amount owed, it may immediately make an enforcement order (see rule 20.05).
> Note 2: A payee who is enforcing a child support liability must notify the Registrar in writing of his or her intention to institute proceedings to recover the debt due (see subsection 113A(1) of the Registration Act).
#### 20.04 Who may enforce an obligation
The following persons may enforce an obligation:
(a) if the obligation arises under an order (except an order mentioned in paragraph (c))—a party;
(b) if the obligation arises under an order to pay money for the benefit of a party or child:
(i) the party or child; or
(ii) a person entitled, under the Act or Regulations, to enforce the obligation for the party or child;
(c) if the obligation is a fine or an order that a bond be forfeited—the Marshal or an officer of the court;
(d) if the obligation is a child support liability—a person entitled to do so under the Registration Act or the Assessment Act.
> Note: The payee of a liability may enforce an obligation—see section 113 of the Registration Act and section 79 of the Assessment Act.
#### 20.05 Enforcing an obligation to pay money
An obligation to pay money may be enforced by one or more of the following enforcement orders:
(a) an order for seizure and sale of real or personal property, including under an Enforcement Warrant (see Part 20.3);
(b) an order for the attachment of earnings and debts, including under a Third Party Debt Notice (see Part 20.4);
(c) an order for sequestration of property (see Part 20.5);
(d) an order appointing a receiver (or a receiver and manager) (see Part 20.6).
> Note: The court may imprison a person for failure to comply with an order (see section 112AD of the Act). Chapter 21 sets out the relevant procedure.
#### 20.06 Affidavit to be filed for enforcement order
If these Rules require a person seeking an enforcement order to file an affidavit, the affidavit must:
(a) if it is not required to be filed with an application—state the orders sought;
(b) have attached to it a copy of the order or agreement to be enforced;
(c) set out the facts relied on, including:
(i) the name and address of the payee;
(ii) the name and address of the payer;
(iii) that the payee is entitled to proceed to enforce the obligation;
(iv) that the payer is aware of the obligation and is liable to satisfy it;
(v) that any condition has been fulfilled;
(vi) details of any dispute about the amount of money owed;
(vii) the total amount of money currently owed and any details showing how the amount is calculated, including:
(A) interest, if any; and
(B) the date and amount of any payments already made;
(viii) what other legal action has been taken in an effort to enforce the obligation;
(ix) details of any other current applications to enforce the obligation; and
(x) the amount claimed for costs, including costs of any proposed enforcement; and
(d) be sworn no more than 2 days before it is filed.
> Note: Examples for paragraph (a)
> Note: An Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents.
#### 20.07 General enforcement powers of court
The court may make an order:
(a) declaring the total amount owing under an obligation;
(b) that the total amount owing must be paid in full or by instalments and when the amount must be paid;
(c) for enforcement (see rule 20.05);
(d) in aid of the enforcement of an obligation;
(e) to prevent the dissipation or wasting of property;
(f) for costs;
(g) staying the enforcement of an obligation (including an enforcement order);
(h) requiring the payer to attend an enforcement hearing;
(i) requiring a party to give further information or evidence;
(j) that a payer must file a Financial Statement;
(k) that a payer must produce documents for inspection by the court;
(l) dismissing an application; or
(m) varying, suspending or discharging an enforcement order.
> Note: For the collection of child support, the court has general powers set out in section 111B of the Registration Act.
#### 20.08 Enforcement order
(1) An enforcement order must state:
(a) the kind of enforcement order it is (see rule 20.05);
(b) the full name and address for service of the payee;
(d) the full name and address of the payer; and
(e) the total amount to be paid.
> Note: A document filed in or issued by a court must meet the general requirements set out in rule 24.01.
(2) For paragraph (1)(e), a statement about the total amount to be paid must include:
(a) the amount owing under the obligation to pay money;
(b) the amount of interest owing, if any; and
(c) any costs of enforcing the order.
#### 20.09 Discharging, suspending or varying enforcement order
(1) A party to an enforcement order may apply to the court at any time to discharge, suspend or vary the order.
> Note: An application under subrule (1) must be in an Application in a Case (see rule 5.01).
(2) An application under subrule (1) does not stay the operation of the enforcement order.
## Part 20.2—Information for aiding enforcement
> Note: The duty of disclosure set out in Division 13.1.2 applies to a party to an enforcement application.
### Division 20.2.1—Processes for aiding enforcement
#### 20.10 Processes for obtaining financial information
(1) Before applying for an enforcement order, a payee may:
(a) give a payer a written notice requiring the payer to complete and serve a Financial Statement) within 14 days after receiving the notice; or
(b) by filing an Application in a Case and an affidavit that complies with rule 20.06, apply for an order, without notice to the respondent:
(i) requiring the payer to complete and file a Financial Statement; or
(ii) requiring the payer to disclose information or produce to the payee copies of documents relevant to the payer’s financial affairs.
(2) A Registrar may hear an application under subrule (1), in chambers, in the absence of the parties, on the documents filed.
### Division 20.2.2—Enforcement hearings
> Note: An enforcement hearing does not have to be held before the court makes an enforcement order. The purpose of an enforcement hearing is to obtain information to help the enforcement of an order or other obligation and, if applicable, to help the court to determine a dispute or issue an enforcement order.
#### 20.11 Enforcement hearing
(1) A payee may, by filing an Application in a Case and an affidavit that complies with rule 20.06, require:
(a) the payer; or
(b) if the payer is a corporation—an officer of the corporation;
to attend an enforcement hearing.
> Note: An application for an enforcement hearing will be listed for a hearing (not a case conference) within 28 days after the application is filed (see rule 5.05).
(2) The payee may require the payer to produce documents at the enforcement hearing that are in the payer’s possession or control and relevant to the enforcement application by serving with the application mentioned in subrule (1):
(a) a list of the documents required; and
(b) a written notice requiring that the documents be produced.
(3) A payee must serve, by special service on a payer at least 14 days before an enforcement hearing:
(a) the documents mentioned in subrules (1) and (2); and
(b) a brochure called Enforcement Hearings, approved by the Chief Executive Officer, giving information about enforcement hearings and the consequences of failing to comply with an obligation.
> Note: Rule 20.07 sets out the orders that the court may make at an enforcement hearing.
#### 20.12 Obligations of payer
(1) A payer served with the documents mentioned in rule 20.11 must:
(a) attend the enforcement hearing:
(i) to answer questions; and
(ii) to produce any documents required; and
(b) at least 7 days before the enforcement hearing, serve on the payee a Financial Statement setting out the payer’s financial circumstances.
(2) Before the day of the enforcement hearing, the payer may produce any documents required to the payee at a mutually convenient time and place.
#### 20.13 Subpoena of witness
A party may request the court to issue a subpoena to a witness for an enforcement hearing.
> Note: Part 15.3 sets out the requirements for issuing subpoenas.
#### 20.14 Failure concerning Financial Statement or enforcement hearing
(1) A person commits an offence if the person does not:
(a) comply with a notice under paragraph 20.10(1)(a) requiring the person to complete and serve a Financial Statement;
(b) comply with an order that the person complete and file a Financial Statement or produce copies of documents to the payee (see paragraph 20.10(1)(b));
(c) if the person is served with an enforcement hearing application:
(i) comply with subparagraph 20.12(1)(a)(ii) and paragraph 20.12(1)(b); and
(ii) attend the enforcement hearing in accordance with the application or an order; or
(d) on attending an enforcement hearing in accordance with an enforcement hearing application or order, answer a question put to the person to the court’s satisfaction.
Penalty: 50 penalty units.
(2) An offence against subrule (1) is an offence of strict liability.
> Note: A court may issue a warrant for the arrest of a payer if it is satisfied that the payer has received an enforcement hearing application and did not attend the enforcement hearing (see rule 21.16).
(3) If a person is prosecuted under section 112AP of the Act for an act or omission mentioned in subrule (1), an application must not be made under subrule (1) in respect of that act or omission.
## Part 20.3—Enforcement warrants
### Division 20.3.1—General
#### 20.15 Definitions
In this Part:
> affected person means a person claiming to be affected by the seizure of property under an Enforcement Warrant.
#### 20.16 Request for Enforcement Warrant
(1) A payee may, without notice to the payer, ask a Family Court to issue an Enforcement Warrant by filing:
(a) an affidavit; and
(b) the Enforcement Warrant sought and a copy of it for service.
(2) The affidavit must:
(a) comply with rule 20.06; and
(b) include the following details of the property owned by the payer:
(i) for any real property:
(A) evidence that the payer is the registered owner; and
(B) details of registered encumbrances and of any other person with an interest in the property;
(ii) for any personal property:
(A) the location of the property; and
(B) whether there is any other person who may have an interest in the property, including as a part owner or under a hire purchase agreement, lease or lien.
> Note: A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 20.03).
(3) If an Enforcement Warrant is issued, the payee must give the enforcement officer:
(a) the Warrant; and
(b) either or both of the following:
(i) a written undertaking to pay all reasonable fees and expenses associated with the enforcement if they are greater than the amount recovered on the enforcement;
(ii) the amount (if any) required by the enforcement officer to be paid on account for the reasonable fees and expenses of the enforcement.
> Note: Although the payee is liable to pay the enforcement officer any reasonable fees and expenses relating to the enforcement, the payee is entitled to recover those fees and expenses under the Enforcement Warrant (see subrule 20.23(2)).
#### 20.17 Period during which Enforcement Warrant is in force
An Enforcement Warrant remains in force for 12 months from the date when it was issued.
#### 20.18 Enforcement officer’s responsibilities
(1) An enforcement officer must:
(a) seize or sell property of the respondent in the sequence that the enforcement officer considers is best for:
(i) promptly enforcing the Warrant;
(ii) avoiding undue expense or delay; and
(iii) minimising hardship to the payer and any other person affected;
(b) on enforcing the Warrant:
(i) serve a copy of the Warrant on the payer; or
(ii) leave the Warrant at the place where it was enforced;
(c) give the payer an inventory of any property seized under the Warrant;
(d) advertise the property in accordance with rule 20.21; and
(e) sell the seized property:
(i) quickly, having regard to the parties’ interests and the desirability of a beneficial sale of the property;
(ii) at the place where it seems best for a beneficial sale of the property; and
(iii) by auction, tender or private sale.
> Note: For the powers an enforcement officer has in relation to the enforcement of a warrant, see rule 20.60.
(2) The enforcement officer may:
(a) postpone the sale of the property;
(b) refuse to proceed with the sale of the property;
(c) seek further information or documents from a payee;
(d) defer enforcement until a fee or expense is paid or an undertaking to pay the fee or expense is given;
(e) require the payee to indemnify the enforcement officer against any claims arising from the enforcement;
(f) sign any documents relating to the transfer of ownership of the property, and any other documents necessary to give title of the property to the purchaser of the property; and
(g) recover reasonable fees and expenses associated with the enforcement.
(3) For paragraph (2)(g), fees and expenses recovered by an enforcement officer for enforcing a Warrant are taken to be reasonable if the fees and expenses are in accordance with a legislative provision of the Commonwealth, or the State or Territory in which the warrant was enforced.
#### 20.19 Directions for enforcement
(1) An enforcement officer may seek, by written request to the court, procedural orders to assist in carrying out the enforcement officer’s functions.
(2) A request under subrule (1) must:
(a) comply with subrule 24.01(1);
(b) set out the procedural orders sought and the reason for the orders; and
(c) have attached to it a copy of the order appointing the enforcement officer.
(3) The enforcement officer must give a copy of the request to all parties.
(4) The court may determine the request in chambers unless:
(a) within 7 days of the request being served on a party, the party makes a written objection to the request being determined in chambers; or
(b) the court decides that an oral hearing is necessary.
#### 20.20 Effect of Enforcement Warrant
(1) Property seized under an Enforcement Warrant remains the subject of the Enforcement Warrant until it is released by:
(a) full payment of the total amount owing under the Enforcement Warrant;
(b) sale;
(c) order; or
(d) consent of the payee.
(2) If the payer pays the payee the total amount owed under the Enforcement Warrant:
(a) the payee must immediately give the enforcement officer written notice of the payment; and
(b) the enforcement officer must release any seized property to the payer.
(3) In this rule:
> total amount owed includes the enforcement officer’s fees and expenses incurred in enforcing the Warrant.
#### 20.21 Advertising before sale
(1) Before selling property seized under an Enforcement Warrant, an enforcement officer must advertise a notice of the sale:
(a) at least once before the sale;
(b) stating:
(i) the time and place of the sale; and
(ii) the details of the property to be sold; and
(c) in a newspaper circulating in the town or district in which the sale is to take place.
(2) Subrule (1) does not apply if the property seized is perishable.
(3) For a sale of real property, the notice of sale must include the following details:
(a) a concise description of the real property, including its location, that would enable an interested person to identify it;
(b) a general statement about any improvements of the real property;
(c) a statement of the payer’s last known address;
(d) a statement of the payer’s interest, and any entries in the land titles register, that affect or may affect the real property as at the date of the advertisement;
(e) a statement about where a copy of the contract for sale of the property can be obtained.
(4) A copy of the advertisement must be served on the payer at least 14 days before the intended date of sale.
#### 20.21A Sale of property at reasonable price
(1) An enforcement officer must, in good faith and with reasonable care having regard to all circumstances relevant to the sale of property seized under an Enforcement Warrant, fix a reasonable price for the property.
(2) For subrule (1), circumstances relevant to the sale price of real property seized under an Enforcement Warrant include:
(a) the current value of the property, as provided to the enforcement officer under subparagraph 20.23(1)(b)(vi); and
(b) the amount of the highest bid received for the property at any auction of the property.
> Note: The enforcement officer or payee may apply, after giving notice to the payer, for an order entitling the enforcement officer to sell the property for the best price obtainable (see rule 20.24).
#### 20.21B Conditions of sale of property
(1) This rule applies in relation to the sale by an enforcement officer of property seized under an Enforcement Warrant.
(2) The enforcement officer must specify as a condition of the sale of the property that the buyer:
(a) must pay:
(i) a deposit of at least 10% of the price fixed for the property when the buyer’s offer for the property is accepted by the enforcement officer; and
(ii) the balance of that price within the period determined by the enforcement officer; or
(b) must pay the whole of the price fixed for the property when the enforcement officer accepts the buyer’s offer for the property.
(3) The period mentioned in subparagraph (2)(a)(ii) must:
(a) be determined before the property is offered for sale; and
(b) be a period of no longer than 42 days.
#### 20.22 Result of sale of property under Enforcement Warrant
(1) An enforcement officer must, within 7 days after the day of settlement of a sale of property, file a notice in the court stating the details of the result of the sale and the reasonable fees and expenses of the enforcement.
(2) The enforcement officer must pay out of the money received from the enforcement:
(a) any amount still owing to the enforcement officer for the reasonable fees and expenses of the enforcement;
(b) the balance of any amount owed to the payee under the Enforcement Warrant; and
(c) the remaining amount, if any, to the payer.
> Note: This rule applies unless the court orders otherwise (see rule 1.12).
#### 20.23 Payee’s responsibilities
(1) At least 28 days before an enforcement officer sells real property under an Enforcement Warrant, the payee must:
(a) send to the payer, at the payer’s last known address, and to any mortgagee or other person who has an encumbrance registered on the title to the property that has priority over the Enforcement Warrant, written notice stating:
(i) that the Warrant has been registered on the title to the property;
(ii) that the enforcement officer intends to sell the property to satisfy the obligation if:
(A) the total amount owing is not paid; or
(B) arrangements considered satisfactory to the payee have not been made by a date specified in the notice; and
(iii) the enforcement officer’s name and address; and
(b) provide the enforcement officer with evidence of the following:
(i) proof of compliance with paragraph (a);
(ii) that the Warrant has been registered on the land titles register;
(iii) details of the real property proposed to be sold including the address and description of the land title of the property;
(iv) details of all encumbrances registered against the real property on the date of registration of the Enforcement Warrant;
(v) the costs incurred to register the Enforcement Warrant;
(vi) the current value of the real property, as stated in a real estate agent’s market appraisal.
(1A) The payee is liable to pay to the enforcement officer the reasonable fees and expenses of the enforcement.
(2) The costs mentioned in subparagraph (1)(b)(v) and the fees and expenses mentioned in subrule (1A) may:
(a) be added to, and form part of, the costs of the Enforcement Warrant; and
(b) be recovered under the Warrant.
> Note: A person affected by an Enforcement Warrant may serve a notice of claim on the enforcement officer (see rule 20.25).
#### 20.24 Orders for real property
(1A) This rule applies to real property in relation to which:
(a) an Enforcement Warrant has been requested or issued; or
(b) an enforcement order for seizure and sale has been applied for or made.
(1) A payee, payer or enforcement officer may apply for an order:
(a) that the real property be transferred or assigned to a trustee;
(b) that a party sign all documents necessary for the transfer or assignment;
(c) in aid of or relating to the sale of the real property, including an order:
(i) about the possession or occupancy of the real property until its sale;
(ii) specifying the kind of sale, whether by contract conditional on approval of the court, private sale, tender or auction;
(iii) setting a minimum price;
(iv) requiring payment of the purchase price to a trustee;
(v) settling the particulars and conditions of sale;
(vi) for obtaining evidence of value; and
(vii) specifying the remuneration to be allowed to an auctioneer, estate agent, trustee or other person;
(d) about the disposition of the proceeds of the sale of the real property; or
(e) in relation to the reasonable fees and expenses of the enforcement.
> Note: An application under subrule (1) must be in an Application in a Case (see rule 5.01).
(2) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.
### Division 20.3.2—Claims by person affected by an Enforcement Warrant
#### 20.25 Notice of claim
(1) If an enforcement officer seizes, or intends to seize, property under an Enforcement Warrant, an affected person may serve a notice of claim on the enforcement officer.
(2) A notice of claim must:
(a) be in writing;
(b) state the name and address of the affected person;
(c) identify each item of property that is the subject of the claim; and
(d) state the grounds of the claim.
(3) The enforcement officer must serve a copy of the notice of claim on the payee.
(4) The Enforcement Warrant must not be executed until at least 7 days after the notice of claim was served on the payee.
#### 20.26 Payee to admit or dispute claim
A payee who is served with a notice of claim under subrule 20.25(3) must give the enforcement officer written notice about whether the payee admits or disputes the claim, within 7 days after the notice of claim was served.
#### 20.27 Admitting claim
If a payee admits an affected person’s claim, the enforcement officer must return the property to its lawful owner in a way that is consistent with the affected person’s claim.
#### 20.28 Denial or no response to claim
(1) This rule applies if:
(a) an enforcement officer has served an affected person’s notice of claim on a payee; and
(b) within 7 days after the notice was served, the payee:
(i) disputes or does not admit the claim; or
(ii) fails to respond to the claim in accordance with rule 20.26.
(2) The following people may apply for an order to determine the claim:
(a) each party to the Enforcement Warrant;
(b) the affected person;
(c) the enforcement officer.
> Note: An application under subrule (2) must be in an Application in a Case (see rule 5.01).
(3) The Registry Manager must fix a date for hearing an application under this rule that is as close as practicable to 14 days after the date of filing.
(4) The application must be served on the following people at least 7 days before the hearing of the application:
(a) each party to the Enforcement Warrant;
(b) the affected person;
(c) the enforcement officer.
#### 20.29 Hearing of application
On the hearing of an application under rule 20.28, the court may:
(a) allow the claim; and
(b) order that the affected person and anyone claiming under the affected person be barred from prosecuting the claim against the enforcement officer or payee.
> Note: Rules 20.07 and 20.24 set out the orders the court may make on the hearing of the application.
## Part 20.4—Third Party Debt Notice
#### 20.30 Application of Part 20.4
This Part applies to:
(a) money deposited in a financial institution that is payable to a payer on call or on notice;
(b) money payable to a payer by a third party on the date when the enforcement order is served on the third party; and
(c) earnings payable to a payer.
#### 20.31 Money deposited in a financial institution
(1) Money deposited in an account in a financial institution that is payable on call is a debt due to the payer even if a condition relating to the account is unsatisfied.
(2) Money deposited in an account in a financial institution that is payable on notice is a debt due to the payer at the end of the notice period required, starting on the date of service of the Third Party Debt Notice on the third party debtor.
> Note: Some legislative provisions provide that payments under the legislation are exempt from payment: for example, some pensions.
#### 20.32 Request for Third Party Debt Notice
(1) A payee may, without notice to the payer or third party, ask a Family Court to issue a Third Party Debt Notice requiring the payment to the payee of any money to which this Part applies by filing:
(a) 3 copies of the Third Party Debt Notice; and
(b) an affidavit.
(2) The affidavit must:
(a) comply with rule 20.06; and
(b) include the following information:
(i) the name and address of the third party;
(ii) details of the debt to be attached to satisfy the obligation, including its nature and amount;
(iii) the information relied on to show that the debt is payable by the third party to the payer;
(iv) if it is sought to attach the payer’s earnings:
(A) details of the payer’s earnings;
(B) details of the payer’s living arrangements, including dependants;
(C) the protected earnings rate;
(D) the amount sought to be deducted from the earnings each payday; and
(E) any information that should be included in the Third Party Debt Notice to enable the employer to identify the payer.
> Note: A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 20.03).
#### 20.33 Service of Third Party Debt Notice
A payee must serve on a payer and third party debtor:
(a) a copy of the Third Party Debt Notice issued under rule 20.32; and
(b) a brochure called Third Party Debt Notices, approved by the Chief Executive Officer and setting out the effect of the Third Party Debt Notice and the third party debtor’s obligations.
#### 20.34 Effect of Third Party Debt Notice—general
(1) If a Third Party Debt Notice is served on a third party debtor, a debt due or accruing to the payer from the third party debtor is attached and bound in the hands of the third party debtor to the extent specified in the Notice.
(2) A Third Party Debt Notice to bind earnings or a regular payment comes into force at the end of 7 days after the order is served on the third party debtor.
#### 20.35 Employer’s obligations
(1) Under a Third Party Debt Notice directed to earnings, the payer’s employer:
(a) must:
(i) deduct from the payer’s earnings the amount specified in the notice;
(ii) pay it to the person specified in the notice; and
(iii) give to the payer a notice specifying the deductions; and
(b) may:
(i) deduct from the payer’s earnings an administrative charge of $5 per deduction; and
(ii) keep the charge as a contribution towards the administrative cost of making payments under the notice.
(2) The employer must ensure that an amount deducted under subrule (1) does not reduce the payer’s earnings to less than the protected earnings rate.
(3) A deduction paid or kept by an employer under subrule (1) is a valid discharge, to the extent of the deduction, of the employer’s liability to pay earnings.
#### 20.36 Duration of Third Party Debt Notice
A Third Party Debt Notice continues in force until:
(a) the total amount mentioned in the Notice is paid; or
(b) the Notice is set aside.
#### 20.37 Response to Third Party Debt Notice
(1) A third party debtor who has been served with a Third Party Debt Notice or an order discharging, varying or suspending the Notice, may apply:
(a) to dispute liability to make payments under the Notice; or
(b) for procedural orders.
> Note: An application under subrule (1) must be in an Application in a Case and filed with an affidavit (see rules 5.01 and 5.02).
(2) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.
(3) The court may:
(a) order that any money that has been paid to the payee in error:
(i) be paid into and held in court;
(ii) be returned to the third party debtor; or
(iii) be sent to the payer; and
(b) if the third party debtor has not paid the amount specified in the Notice or order mentioned in subrule (1)—order the third party debtor to pay all or part of what was required under the Notice or order.
> Note: Rule 20.07 sets out the orders that the court may make on an application under this Part.
#### 20.38 Discharge of Third Party Debt Notice
If a third party debtor pays an amount mentioned in a Third Party Debt Notice to the payee, the debt is discharged to the extent of the payment.
#### 20.39 Claim by affected person
A person other than the payee claiming to be entitled to the debt mentioned in a Third Party Debt Notice, or to any charge or lien on, or other interest in, the debt may apply for an order determining the claim.
> Note: An application under this rule must be in an Application in a Case and filed with an affidavit stating the facts and circumstances relied on (see rules 5.01 and 5.02).
#### 20.40 Cessation of employment
(1) This rule applies if:
(a) a Third Party Debt Notice is in force; and
(b) the payer’s employer is required by the Notice to redirect part of the payer’s earnings to the payee.
(2) If the payer ceases to be employed by the employer, the payer must, within 21 days after the payer ceases to be so employed, give the court written notice stating:
(a) that the payer has ceased employment with the employer;
(b) the date on which the employment ceased; and
(c) if the payer has a new employer:
(i) the name and address of the new employer;
(ii) the place of the payer’s employment by the new employer; and
(iii) the amount of the payer’s earnings from employment by the new employer.
(3) If the payer ceases to be employed by the employer, the employer must, within 21 days after the payer ceases to be so employed, give the court written notice of the date on which the payer’s employment ceased.
(4) If the Registry Manager does not receive a written objection from the payee or the payer within 21 days after a notice under subrule (2) or (3) is given, a new Third Party Debt Notice naming the new employer as the third party debtor will be issued.
#### 20.41 Compliance with Third Party Debt Notice
(1) A third party debtor commits an offence if the third party debtor:
(a) does not comply with a Third Party Debt Notice or an order varying, suspending or discharging a Notice; or
(b) unfairly treats a payer in respect of employment because of a Notice or an order made under this Chapter.
Penalty: 50 penalty units.
(2) An offence against subrule (1) is an offence of strict liability.
(3) A penalty imposed under subrule (1) does not affect:
(a) an obligation that the third party debtor may have in relation to the payer; or
(b) a right or remedy that the payer may have against the third party debtor under another legislative provision.
> Note: See Chapter 21 for how to make an application against a third party debtor who does not comply with an enforcement order.
(4) If the court makes an order against a third party debtor under section 112AP of the Act in respect of an act or omission mentioned in subrule (1), the third party debtor must not be charged with an offence against subrule (1) in respect of that act or omission.
## Part 20.5—Sequestration of property
#### 20.42 Application for sequestration of property
(1) A payee may apply to the court for an enforcement order appointing a sequestrator of the property of a payer by filing an Application in a Case, setting out the details of the property to be sequestered, and an affidavit.
(2) The affidavit must:
(a) comply with rule 20.06;
(b) include the full name and address of the proposed sequestrator;
(c) include details of the sequestrator’s fees; and
(d) have attached to it a consent to the appointment of the sequestrator, signed by the proposed sequestrator.
(3) The court may:
(a) hear an urgent application under subrule (1) without notice; and
(b) make an order that is expressed to operate only until a date fixed by the order.
(4) The court may hear an application under this rule in chambers, in the absence of the parties, on the documents filed.
> Note: For the hearing of an application in the absence of the parties, see Part 5.4.
#### 20.43 Order for sequestration
(1) In considering an application for sequestration, the court must be satisfied that:
(a) if the obligation to be enforced arises under an order—the payer has been served with the order to be enforced;
(b) the payer has refused or failed to comply with the obligation; and
(c) an order for sequestration is the most appropriate method of enforcing the obligation.
(2) On appointing a sequestrator, the court may:
(a) authorise and direct the sequestrator:
(i) to enter and take possession of the payer’s property or part of the property;
(ii) to collect and receive the income of the property, including rent, profits and takings of a business; and
(iii) to keep the property and income under sequestration until the payer complies with the obligation or until further order; and
(b) fix the remuneration of the sequestrator.
> Note: For rules relating to the enforcement of obligations other than an obligation to pay money, see Part 20.7.
#### 20.44 Order relating to sequestration
(1) This rule applies if any of the following people apply to the court for an order relating to a sequestration order:
(a) a party to the sequestration order;
(b) a creditor of the payer;
(c) the Marshal;
(d) a person whose interests are affected by an act or omission of, or decision made by, the sequestrator.
(2) The court may order:
(a) the sequestrator, or any other person associated with the sequestration, to attend to be orally examined;
(b) the sequestrator to do or not do something; or
(c) the sequestrator to be removed from office.
> Note: An application under subrule (1) must be in an Application in a Case and filed with an affidavit (see rules 5.01 and 5.02).
#### 20.45 Procedural orders for sequestration
(1) A sequestrator may seek, by written request to the court, procedural orders about the sequestrator’s functions.
(2) A request under subrule (1) must:
(a) comply with subrule 24.01(1);
(b) set out the procedural orders sought and the reason for the orders; and
(c) have attached to it a copy of the order appointing the sequestrator.
(3) The sequestrator must give a copy of the request to all parties.
(4) The court may determine the request in chambers unless:
(a) within 7 days of the request being served on a party, the party makes a written objection to the request being determined in chambers; or
(b) the court decides that an oral hearing is necessary.
## Part 20.6—Receivership
#### 20.46 Application for appointment of receiver
(1) A payee may apply for an enforcement order appointing a receiver of the payer’s income or property by filing an Application in a Case and an affidavit.
(2) The affidavit must:
(a) comply with rule 20.06;
(b) include the full name and address of the proposed receiver;
(c) include details of the receiver’s fees; and
(d) have attached to it the consent to the appointment of receiver, signed by the proposed receiver.
(3) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.
> Note: For the hearing of an application in the absence of the parties, see Part 5.4.
#### 20.47 Appointment and powers of receiver
(1) In considering an application under subrule 20.46(1), the court must have regard to:
(a) the amount of the debt;
(b) the amount likely to be obtained by the receiver; and
(c) the probable costs of appointing and paying a receiver.
(2) When appointing a receiver, the court must make orders about:
(a) the receiver’s remuneration, if any;
(b) the security to be given by the receiver;
(c) the powers of the receiver; and
(d) the parties to whom, and the intervals or dates at which, the receiver is to submit accounts.
(3) The court may authorise a receiver to do (in the receiver’s name or otherwise) anything the payer may do.
(4) The receiver’s powers operate to the exclusion of a payer’s powers during the receivership.
(5) The court may, on application by an interested person, make procedural orders about the powers of the receiver.
> Note: For rules relating to the enforcement of obligations other than an obligation to pay money, see Part 20.7.
#### 20.48 Security
A receiver’s appointment by the court starts when:
(a) the order appointing the receiver is made; and
(b) the receiver files any security ordered that is acceptable to the court for the performance of the receiver’s duties.
#### 20.49 Accounts
A party to whom a receiver must submit accounts may, on giving reasonable written notice to the receiver, inspect, either personally or by an agent, the documents and things on which the accounts are based.
#### 20.50 Objection to accounts
(1) A party who objects to the accounts submitted by a receiver may serve written notice on the receiver:
(a) specifying the items to which objection is taken; and
(b) requiring the receiver to file the receiver’s accounts with the court within a specified period that is at least 14 days after the notice is served.
(2) The court may examine the items to which objection is taken.
(3) The court:
(a) must, by order, declare the result of an examination under subrule (2); and
(b) may make an order for the costs and expenses of a party or the receiver.
#### 20.51 Removal of receiver
The court may:
(a) set aside the appointment of a receiver at any time; and
(b) make orders about the receivership and the receiver’s remuneration.
#### 20.52 Compliance with orders and Rules
If a receiver contravenes an order or these Rules, the court may:
(a) set aside the receiver’s appointment;
(b) appoint another receiver;
(c) order the receiver to pay the costs of an application under this rule; and
(d) deprive the receiver of remuneration and order the repayment of remuneration already paid to the receiver.
> Note: This rule does not limit the court’s powers relating to contempt or the enforcement of orders.
## Part 20.7—Enforcement of obligations other than an obligation to pay money
> Note: For the powers an enforcement officer has in relation to the enforcement of a warrant, see rule 20.60.
#### 20.53 Application for other enforcement orders
A person may apply, without notice to the respondent, for any of the following orders by filing an Application in a Case and an affidavit:
(a) an order requiring a person to sign documents under section 106A of the Act;
(b) an order to enforce possession of real property;
(c) an order for the transfer or delivery of property.
> Note: Chapter 5 sets out the process for making an application in a case, that is, by filing an Application in a Case and an affidavit. Chapter 21 sets out the procedure for making an application in relation to the contravention of an order when a penalty is sought to be imposed.
#### 20.54 Warrant for possession of real property
(1) An order for the possession of real property may be enforced by a warrant for possession only if the respondent has had at least 7 days notice of the order to be enforced before the warrant is issued.
(2) A court may issue a warrant for possession authorising an enforcement officer to enter the real property described in the warrant and give possession of the real property to the person entitled to possession.
(3) If a person other than the respondent occupies land under a lease or written tenancy agreement, a warrant for possession may be issued only if the court gives permission.
#### 20.55 Warrant for delivery
A person entitled under an order for the delivery of personal property specified in the order may apply for that order to be enforced by a warrant authorising an enforcement officer to seize the property and deliver it to the person who is entitled to it under the order.
#### 20.56 Warrant for seizure and detention of property
(1) If an order specifies a time for compliance and that time has passed without compliance, a person entitled to enforce the order may seek a warrant authorising an enforcement officer to seize and detain all real and personal property (other than prescribed property) in which the respondent has a legal or beneficial interest.
(2) If the respondent complies with the order or is released from compliance, the court may order that the property be returned to the respondent, after the costs of enforcement have been deducted.
## Part 20.8—Other provisions about enforcement
#### 20.57 Service of order
An order may be enforced against a person only if:
(a) a sealed copy of the order is served on the person; or
(b) the court is otherwise satisfied that the person has received notice of the terms of the order.
#### 20.58 Certificate for payments under maintenance order
(1) This rule applies if an order specifies that maintenance must be paid to a Registrar of a court or an authority.
(2) The Registrar or authority must, at the request of the court or a party to the order, give the court or party a certificate stating the amounts that, according to the records of the court or authority, have been paid and remain unpaid.
(3) A certificate given in accordance with subrule (2) may be received by the court in evidence.
#### 20.59 Enforcement by or against a non‑party
(1) If an order is made in favour of a person who is not a party to a case, the person may enforce the order as if the person were a party.
(2) If an order is made against a person who is not a party to a case, the order may be enforced against the person as if the person were a party.
#### 20.60 Powers of enforcement officer
An enforcement officer may, when enforcing a warrant (with such assistance as the enforcement officer requires and, if necessary, by force) do any of the following:
(a) enter and search any real property:
(i) that is the subject of the warrant; or
(ii) for the purpose of seizing any property the subject of the warrant;
(b) if the warrant is for the seizure and sale of real property—enter and eject from the property any person who is not lawfully entitled to be on the property;
(c) take possession of or secure against interference any property the subject of the warrant;
(d) remove any property the subject of the warrant from the place where it is found, place it in storage or deliver it to another person or place for a purpose authorised by the warrant.
> Note: The powers specified in this rule are in addition to, and do not derogate from, any other powers conferred by law on the enforcement officer.