Division 1.2.5Proceedings to which the Bankruptcy Act 1966 applies

Start here

Get a plain-English read of Division 1.2.5

Turn the raw legal text into a practical explanation grounded in Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

View in full context

Chapter 1—Purpose and case management ## Part 1.1—Preliminary #### 1.01 Name These Rules are the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. #### 1.02 Commencement (1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Commencement information</td></tr><tr><td style="width:25.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 1</td><td style="width:52.54%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 2</td><td style="width:22.02%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 3</td></tr><tr><td style="width:25.44%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Provisions</td><td style="width:52.54%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Commencement</td><td style="width:22.02%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Date/Details</td></tr></thead><tbody><tr><td style="width:25.44%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1. The whole of these Rules</td><td style="width:52.54%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1 September 2021.</td><td style="width:22.02%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1 September 2021</td></tr></tbody></table> ``` > Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules. (2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules. > Note 1: The Family Law Rules 2004 (the old Rules), as in force under the Family Law Act immediately before the commencement of these Rules (the new Rules), are repealed (see the Family Law Repeal Rules 2021). The new Rules apply to a proceeding that was commenced in accordance with the old Rules and was not determined before the repeal of those Rules. > Note 2: The Federal Circuit Court Rules 2001, as in force under the Federal Circuit Court of Australia Act 1999 immediately before the commencement of these Rules, are repealed as a consequence of the repeal of the Federal Circuit Court of Australia Act 1999 by Schedule 3 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021. #### 1.03 Authority These Rules are made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021. #### 1.04 Overarching purpose (1) The overarching purpose of these Rules, as provided by section 95 of the Family Law Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible. > Note: These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 95(3) of the Family Law Act). (2) Parties to family law proceedings must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose. > Note: See subsection 96(1) of the Family Law Act. (3) A party’s lawyer must, in the conduct of a proceeding before the court (including negotiations for settlement) on the party’s behalf: (a) take account of the duty imposed on the party referred to in subrule (2); and (b) assist the party to comply with the duty. > Note: See subsection 96(2) of the Family Law Act. #### 1.05 Definitions (1) In these Rules: > abuse, in relation to a child, has the meaning given by subsection 4(1) of the Family Law Act. > address for service means the address given by a party where documents may be left for the party or where documents may be sent for the party (see rule 2.25). > adjourn means to defer or postpone a court event to another day or time. > affected person, in Divisions 11.1.3 and 11.1.4, means a person claiming to be affected by the seizure of property under an Enforcement Warrant. > affidavit means a formal written statement by a party or witness (see Part 8.3). > appeal includes: (a) an appeal to the Federal Circuit and Family Court (Division 1) under subsection 26(1) of the Federal Circuit and Family Court Act; and (b) for an appeal to the Federal Circuit and Family Court (Division 1) in respect of which leave to appeal is required under section 28 of the Federal Circuit and Family Court Act—an appeal with such leave; and (c) a cross‑appeal. (see Chapter 13). > Appeal Judicial Registrar means the Judicial Registrar at the National Appeal Registry for an appeal. > appellant includes a cross‑appellant. > applicant includes a cross‑applicant. > Application for Review means the form for seeking a review of the decision of a Judicial Registrar. > Application in a Proceeding means the form for making an interlocutory application. > application without notice means an application that is heard by the court without first being served on the respondent (see Part 5.2). > approved form means a form approved under rule 15.21 for the purposes of these Rules. > arbitration has the meaning given by subsection 10L(1) of the Family Law Act. > ART means the Administrative Review Tribunal. > ART Act means the Administrative Review Tribunal Act 2024. > ART Registrar means any of the following: (a) the Principal Registrar (within the meaning of the ART Act); (b) a person who has been appointed as a registrar under section 237 of the ART Act; (c) a person to whom functions or powers have been delegated under subsection 280(1) of the ART Act. > Assessment Act means the Child Support (Assessment) Act 1989. > assessment hearing means a hearing conducted by a Judicial Registrar at which the amount to be paid on an itemised costs account is assessed (see rule 12.45). > assessor means a person specially qualified in the subject matter in which the assessor is appointed under Part 7.2 of these Rules. > Note: See section 102B of the Family Law Act in relation to the use of an assessor. > attend, in relation to a court event, includes attendance by electronic communication (see rules 13.32 and 15.16). > bankrupt has the meaning given by subsection 5(1) of the Bankruptcy Act. A reference in these Rules to a person, being a party to a marriage or a party to a de facto relationship, who is bankrupt includes a reference to a person: (a) who has been discharged from bankruptcy; and (b) whose property remains vested in the bankruptcy trustee under the Bankruptcy Act. > Bankruptcy Act means the Bankruptcy Act 1966. > cancellation fee means a cancellation fee or reservation fee charged by a barrister or solicitor advocate for a court event or dispute resolution event that does not proceed. > case assessment conference means a conference conducted by a Judicial Registrar. > case stated means a procedure in which a case or question is determined by the Federal Circuit and Family Court (Division 1) under section 34 of the Federal Circuit and Family Court Act (see Part 13.9 of these Rules). > cause of action means a claim seeking an order (other than for interlocutory relief) for which a court has jurisdiction. > Chief Executive Officer has the meaning given by subsection 7(1) of the Federal Circuit and Family Court Act. > Child Support Agency means the Department (or part of the Department) that administers the Assessment Act and the Registration Act. > Child Support Application or Appeal means an application or appeal in which the only orders sought are under the Assessment Act or the Registration Act. > child support liability means an amount owing under the Assessment Act or the Registration Act (including under a child support assessment or registered child support agreement) that may be registered for collection by the Child Support Agency. > child support proceeding: (a) means a proceeding under the Assessment Act or the Registration Act; and (b) includes an appeal under section 99 of the Registration Act (which provides for appeals from certain child support first review proceedings). > Child Support Registrar means the Child Support Registrar under section 10 of the Registration Act. > child welfare record means a record relating to child welfare held by a State or Territory agency referred to in section 53 of the Family Law Regulations. > Commonwealth information order has the meaning given by subsection 67J(2) of the Family Law Act. > conciliation conference means a dispute resolution process in which a judicial officer or an impartial third person assists the parties to the dispute to reach an agreement in the dispute. > conduct money means money paid by a party to a witness, before the witness appears at a court event, for: (a) travel between the witness’s place of residence or employment and the court; and (b) if necessary, reasonable accommodation expenses for the witness; and (c) in the case of a subpoena for production—the reasonable costs of complying with the subpoena. > contravened: (a) in relation to an order under the Family Law Act affecting children—has the meaning given by subsection 4(1) of the Family Law Act; and (b) otherwise—means failed to comply with (or follow) an order. > corporation includes: (a) a company; and (b) a body corporate; and (c) an unincorporated body that may sue or be sued or hold property in the name of its secretary or of an officer of the body appointed for that purpose. > Corporations Rules means the Federal Court (Corporations) Rules 2000. > costs means an amount paid or to be paid for work done by a lawyer, and includes expenses. > costs agreement means a written agreement between a party and the party’s lawyer, about the costs to be charged by the lawyer for work done for a proceeding for the party, in accordance with the law of a State or Territory. > costs assessment order means an order made by a Judicial Registrar under rule 12.44, 12.45 or 12.50 fixing the total amount payable for costs. > costs brochure means a brochure, approved by the Chief Executive Officer, about costs under Chapter 12 (see subrule 12.34(2)). > costs notice means a notice of a party’s actual and estimated future costs, and of any expenses paid or payable to an expert witness (see rule 12.06). > counsel means a barrister, or a solicitor acting as an advocate. > court, in relation to family law or child support proceedings, means a court that: (a) is exercising jurisdiction in those proceedings by virtue of the Family Law Act or the Federal Circuit and Family Court Act; and (b) is presided over by a judicial officer who has, or has been delegated, the power to exercise the jurisdiction. > court event includes the following events: (a) a hearing or part of a hearing; (b) a trial or part of a trial; (c) a conference; (d) an attendance with a family consultant performing the functions of a family consultant; (e) an attendance with a court child expert performing the functions of a family consultant or a family counsellor. > court of summary jurisdiction means a magistrates’ or local court of a State or Territory. > criminal record, for a person, means a record of offences of which the person has been found guilty. > cross‑appellant means a respondent to an appeal who appeals against one or more orders under appeal. > cross‑vesting law means a law relating to the cross‑vesting jurisdiction of: (a) the Commonwealth (other than under the Corporations Act 2001); or (b) a State or Territory. > de facto relationship has the meaning given by section 4AA of the Family Law Act. > deponent means a person whose evidence is set out in an affidavit and who swears or affirms that the contents of the affidavit are true. > discontinue, in relation to a proceeding, means to withdraw all or part of an application or response. > dispute resolution includes a mediation and a conference (including a conciliation conference). > each person to be served means each person referred to in paragraphs 2.27(3)(a), (b) and (c). > earnings includes the following: (a) wages, salary, fees, bonus, commission or overtime pay; (b) other money payable in addition to or instead of wages or salary; (c) a pension, annuity or vested superannuation money; (d) money payable instead of leave; (e) royalties; (f) retirement benefits due or accruing; (g) a salary sacrifice arrangement; (h) performance‑based incentives and non‑monetary benefits. > electronic communication means: (a) video link; or (b) audio link; or (c) another appropriate electronic means of communication. > Note: Examples: Telephone or video conferencing; closed circuit television; e‑mail. > eligible superannuation plan has the meaning given by section 90XD of the Family Law Act. > enforcement officer includes: (a) an officer of the court who has power to enforce an order; and (b) a person appointed by the court for the purpose of enforcing an order. > Note: In the Federal Circuit and Family Court (Division 1), this includes the Marshal, Deputy Marshal or a delegate of the Marshal or Deputy Marshal. In the Federal Circuit and Family Court (Division 2), this includes the Sheriff, Deputy Sheriff or a delegate of the Sheriff or Deputy Sheriff. > expert means an independent person who has relevant specialised knowledge, based on the person’s training, study or experience. > expert’s report means a report by an expert witness, including a notice under subrule 7.18(5). > expert witness means an expert who has been instructed to give or prepare independent evidence for the purpose of a proceeding. > family consultant has the meaning given by section 11B of the Family Law Act. > family counselling has the meaning given by section 10B of the Family Law Act. > family counsellor has the meaning given by section 10C of the Family Law Act. > Family Court, in a reference to a Family Court, means the Federal Circuit and Family Court (Division 1) or a Family Court of a State. > family dispute resolution has the meaning given by section 10F of the Family Law Act. > family dispute resolution practitioner has the meaning given by section 10G of the Family Law Act. > Family Law Act means the Family Law Act 1975. > Family Law Magistrate of Western Australia means the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia. > family law proceeding means a proceeding under the Family Law Act. > Family Law Regulations means the Family Law Regulations 2024 made under the Family Law Act. > family violence has the meaning given by subsection 4AB(1) of the Family Law Act. > family violence order has the meaning given by subsection 4(1) of the Family Law Act. > Federal Circuit and Family Court means: (a) the Federal Circuit and Family Court (Division 1); or (b) the Federal Circuit and Family Court (Division 2). > Federal Circuit and Family Court Act means the Federal Circuit and Family Court of Australia Act 2021. > Federal Circuit and Family Court (Division 1) means the Federal Circuit and Family Court of Australia (Division 1). > Federal Circuit and Family Court (Division 2) means the Federal Circuit and Family Court of Australia (Division 2). > file, in relation to a document, means file the document in accordance with Part 2.5. > filing registry, in relation to a proceeding, means the registry of a court in which the proceeding is started or to which the proceeding is transferred. > final order means an order of a court that finally decides a proceeding. > financial agreement means an agreement that is a financial agreement under section 90B, 90C or 90D of the Family Law Act (other than an ante‑nuptial (pre‑marriage) or post‑nuptial (after marriage) settlement to which section 85A of the Family Law Act applies). > financial or property orders includes orders in relation to any of the following: (a) maintenance; (b) a Child Support Application under section 116, 123 or 129 of the Assessment Act; (c) contribution to child bearing expenses; (d) property. > financial or property proceeding means a proceeding (other than an appeal) involving an application: (a) relating to financial or property matters of a marriage (within the meaning of subsection 71B(7) of the Family Law Act); or (b) relating to financial or property matters of a de facto relationship (within the meaning of subsection 90RI(7) of the Family Law Act); or (c) relating to child bearing expenses (see section 67B of the Family Law Act); and includes, for the purposes of Part 6.1 of these Rules, a proceeding (other than an appeal) involving an application for the enforcement of a financial obligation. > first court date means the first hearing or other court event after an application or an appeal is filed (including a conference or procedural hearing). > fresh application means any of the following applications, including compliance with pre‑action procedures associated with them: (a) an application for final orders; (b) an application that includes an application for final orders; (c) an Application in a Proceeding filed in connection with an application referred to in another paragraph of this definition; (d) an Application for Divorce; (e) an application for consent orders; (f) a contempt, contravention or enforcement application; (g) an application relating to contempt in the face of the court; (h) an appeal, and a rehearing following an appeal; (i) an Application for Review of final orders made by a Judicial Registrar. > Full Court or Full Court of the Federal Circuit and Family Court (Division 1) means a Full Court of the Federal Circuit and Family Court (Division 1) constituted in accordance with section 17 of the Federal Circuit and Family Court Act. > gross value, of property, means the value of the property excluding any mortgage, lien, charge or other security over the property. > harmful proceedings order has the meaning given by subsection 102QAC(1) of the Family Law Act. > hearing means the process, other than a trial, of determining: (a) an Application in a Proceeding; or (b) an Application for Divorce; or (c) an application for: (i) an order that a marriage is a nullity; or (ii) a declaration as to the validity of a marriage or of a divorce or annulment of a marriage; or (d) a part of a proceeding; or (e) an enforcement application. > independent children’s lawyer has the meaning given by subsection 4(1) of the Family Law Act. > interested person, for a subpoena, means a person who might reasonably have an interest in the subject matter of the subpoena. > interim order means an order made by a court that operates until another order or a final order is made (see Chapter 5). > interlocutory application means an application that is made in a proceeding that has already been started under these Rules and that is an application for an interlocutory order. > interlocutory order means: (a) an interim order; or (b) a procedural order; or (c) an ancillary order; or (d) any other incidental order relating to an application or order. > issuing party, for a subpoena, means the party at whose request the subpoena is issued. > itemised costs account means a document prepared in accordance with rule 12.35. > judicial officer includes a Judge and a Judicial Registrar. > Judicial Registrar (other than in Chapter 14) means: (a) in relation to the Federal Circuit and Family Court (Division 1)—a Senior Registrar or Registrar of the Court; or (b) in relation to any other court—the principal legal officer of the court or any other appropriate officer of the court. > Note: Judicial Registrar has a narrower meaning in Chapter 14 (see rule 14.01). > lawyer means a person who is enrolled as a legal practitioner of: (a) a federal court; or (b) the Supreme Court of a State or Territory. > Note: See section 122 of the Family Law Act and sections 55A and 55B of the Judiciary Act 1903. > legal aid body means a person, authority or body that, from time to time, receives funding, whether directly or indirectly, from the Commonwealth for the purposes of, or in connection with, the provision of legal assistance by the person, authority or body in connection with matters arising under the Family Law Act. > legal entity means a corporation (other than a public company), trust, partnership, joint venture business or other commercial activity. > legislative provision includes a provision in an applicable Act, these Rules, the Family Law Regulations, any other regulations made under the Family Law Act and any conventions referred to in a regulation made under the Family Law Act. > litigation guardian means a person appointed by the court under rule 3.15 to manage and conduct a proceeding for a person who needs a litigation guardian (also known as a litigation supporter, litigation representative, next friend, guardian ad litem, case guardian or tutor) (see Part 3.5). > location order has the meaning given by subsection 67J(1) of the Family Law Act. > Marshal has the same meaning as in the Federal Circuit and Family Court Act. > Note: See sections 104 and 262 of the Federal Circuit and Family Court Act. > medical procedure proceeding means a proceeding to which rule 1.11 applies. > medical record, for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person’s medical condition or treatment, that are maintained by a physician, counsellor, hospital or other provider of services or facilities for medical treatment. > minor means a person under the age of 18 years. > month has the meaning given by rule 15.04. > National Appeal Registry, for an appeal other than from an order of a court of summary jurisdiction, means: (a) for an appeal from an order in a proceeding heard in Queensland, Lismore or the Northern Territory—the Brisbane Registry of the Federal Circuit and Family Court (Division 1); or (b) for an appeal from an order in a proceeding heard in the Australian Capital Territory or New South Wales (other than Lismore or Albury)—the Sydney Registry of the Federal Circuit and Family Court (Division 1); or (c) for an appeal from an order in a proceeding heard in South Australia, Tasmania, Victoria or Albury—the Melbourne Registry of the Federal Circuit and Family Court (Division 1); or (d) for an appeal from an order made in Western Australia—the Registry of the Family Court of Western Australia. > non‑convention country means a country with which Australia does not have a convention as to service of documents (see rule 2.49). > Notice of Child Abuse, Family Violence or Risk means the form referred to in rule 2.03. > notice of contention means a notice of contention referred to in rule 13.08. > oath includes affirmation. > Note 1: See the definition of sworn in this rule and in sections 21 to 24 of the Evidence Act 1995. > Note 2: 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. > order includes: (a) a decree, decision, declaration and judgment; and (b) for an appeal or review of a decision—a refusal to grant an application or make an order. > ordinary service means service in accordance with Division 2.6.3. > parenting order has the meaning given by subsection 64B(1) of the Family Law Act. > parenting plan has the meaning given by subsection 63C(1) of the Family Law Act. > parenting proceeding means a proceeding in which the application seeks a parenting order or a child related injunction under Part VII of the Family Law Act (other than an application for child maintenance). > party includes the following: (a) an applicant in a proceeding; (b) an appellant in an appeal; (c) a respondent to an application or appeal; (d) an intervener in a proceeding. > party to a financial or property proceeding includes a payee and any other respondent to an enforcement application. > payee means a person who is entitled to take action against a payer to enforce an obligation to pay money, created by an assessment, order or agreement, with which the payer has not complied. > Note: The Child Support Registrar is a payee in relation to a registered child support liability. > payer means a person who has an obligation to pay money to, or do an act to financially assist, a payee under an assessment, order or agreement. > penalty unit has the meaning given by section 4AA of the Crimes Act 1914. > permission means the leave or consent of the court. > person includes a corporation, authority or party. > personal service means service in accordance with Division 2.6.2. > person subpoenaed means a person required by a subpoena to produce a document or give evidence. > police record, for a person, means records relating to the person kept by police, including statements, police notes and records of interview. > post‑separation parenting program has the meaning given by subsection 4(1) of the Family Law Act. > pre‑action procedures means the set of principles and procedures, the text of which is set out in Schedule 1, with which the parties must comply before starting a proceeding. > prescribed child welfare authority has the meaning given by subsection 4(1) of the Family Law Act. > prescribed property, for a person, means the following: (a) clothes, bed, bedding, kitchen furniture (not including an automatic dishwasher or microwave) and washing machine; (b) ordinary tools of trade, plant and equipment, professional instruments and reference books, the combined value of which is not more than $5,000. > primary order has the meaning given by subsection 4(1) of the Family Law Act. > property has the meaning given by subsection 4(1) of the Family Law Act. > Note: Examples: Real property; personal property; superannuation. > protected confidence has the meaning given by section 102BA of the Family Law Act. > protected confider has the meaning given by section 102BA of the Family Law Act. > protected earnings rate means the actual threshold income amount that would apply to a payer under Division 4B of Part VI of the Bankruptcy Act if the payer were a bankrupt. > recovery order has the meaning given by section 67Q of the Family Law Act. > Registration Act means the Child Support (Registration and Collection) Act 1988. > Registry Manager has the meaning given by subsection 4(1) of the Family Law Act. > seal means a stamp or other impression that the court puts on a document to indicate that the document has been issued by the court. > sealed copy means a document that bears a court seal. > security for costs means the security that a respondent may ask the court to order the applicant to pay for costs that may be awarded to the respondent. > serve means to give or deliver a document to a person in the manner required by these Rules (see Parts 2.6 and 2.7). > sign includes: (a) to write one’s own name; and (b) if a person is unable to write the person’s name—to make a mark; and (c) to sign electronically. > single expert witness means an expert witness who is appointed by agreement between the parties, or by the court, to give evidence or prepare a report on an issue (see Division 7.1.2). > special federal matter has the meaning given by subsection 3(1) of the Jurisdiction of Courts (Cross‑vesting) Act 1987. > specific questions has the same meaning as interrogatories. > State child order has the meaning given by subsection 4(1) of the Family Law Act. > step means a procedural act taken in the conduct or management of a proceeding. > step‑parent has the meaning given by subsection 4(1) of the Family Law Act. > submitting notice means a submitting notice referred to in rule 2.22. > subpoena means a summons issued by the court that requires a named person to do either or both of the following: (a) attend the court to give evidence; (b) bring one or more documents or things to the court. > superannuation information form means a form approved by the Chief Executive Officer for obtaining information from the trustee of a superannuation fund in family law proceedings. > sworn, for an affidavit or evidence, means an oath by a witness that the witness is telling the truth. > Note: See also the definition of oath in this rule. > termination agreement has the meaning given by subsection 90J(1) of the Family Law Act. > Third Party Debt Notice means a notice given to a third party who holds money for, or owes money to, a payer that demands that any of that money be paid to a payee to satisfy an obligation that the payer owes the payee (see Division 11.1.4). > third party debtor means a person from whom a payee claims a debt that is owed to the payer. > transcript means a written record of a hearing or a trial prepared by a contractor providing transcription services to the court for the proceeding. > trial means the process of determining a proceeding started by an Initiating Application (Family Law). > undertaking as to damages means an undertaking referred to in subrule 10.18(5). > vexatious proceedings order: (a) has the meaning given by subsection 102Q(1) of the Family Law Act; and (b) includes an order made under subsection 239(2) of the Federal Circuit and Family Court Act. > written notice means a document (for example, a letter) that complies with rule 2.14. (2) A definition of a word or expression in subrule(1) applies to each use of the word or expression in these Rules, unless the context does not permit. ## Part 1.2—Case management ### Division 1.2.1—General case management procedures #### 1.06 Court’s general powers of case management The court may exercise any of the powers referred to in Table 1.1 to manage a proceeding to achieve the overarching purpose of these Rules (see rule 1.04). ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Table 1.1—Court’s powers</td></tr><tr><td style="width:8.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:17.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Subject</td><td style="width:73.5%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Power</td></tr></thead><tbody><tr style="height:60.1pt"><td style="width:8.64%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:17.86%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Attendance</td><td style="width:73.5%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) order a party to attend:(i) a procedural hearing; or(ii) a conciliation conference or other court event; or(iii) a family consultant; or(iv) family counselling or family dispute resolution; or(v) another dispute resolution process as permitted by the Family Law Act (see rule 4.05);(b) require a party, a party’s lawyer or an independent children’s lawyer to attend court</td></tr><tr style="height:2.85pt"><td style="width:8.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:17.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Case development</td><td style="width:73.5%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) consolidate proceedings;(b) order that part of a proceeding be dealt with separately;(c) decide the sequence in which issues are to be tried;(d) specify the facts that are in dispute, state the issues and make procedural orders about how and when the proceeding will be heard or tried;(e) finalise the balance sheet setting out all assets, liabilities and financial resources that either party asserts are relevant to the determination of the proceeding;(f) with the consent of the parties, order that a proceeding or part of a proceeding be submitted to arbitration;(g) order a party to provide particulars, or further and better particulars, of the orders sought by that party and the basis on which the orders are sought;(h) order a party to produce any relevant document in a financial or property proceeding to the court or to any other party for the purpose of developing and finalising the balance sheet</td></tr><tr style="height:110pt"><td style="width:8.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:17.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Conduct of proceeding</td><td style="width:73.5%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) hold a court event and receive submissions and evidence by electronic communication;(b) postpone, bring forward or cancel a court event;(c) adjourn a court event;(d) stay a proceeding or part of a proceeding;(e) make orders in the absence of a party;(f) deal with an application without an oral hearing if the parties have consented to the application being decided without an oral hearing (see rule 5.13);(g) deal with an application with written or oral evidence or, if the issue is a question of law, without evidence;(h) allow an application to be made orally;(i) determine an application without requiring notice to be given;(j) order that a proceeding lose listing priority;(k) make a self‑executing order;(l) make an order granting permission for a party to perform an action if a provision of these Rules requires a party to obtain that permission;(m) for a fee that is required by law to be paid—order that the fee must be paid by a specified date</td></tr></tbody></table> ``` > Note: The powers referred to in Table 1.1 are in addition to any powers given to the court under a legislative provision or that it may otherwise have. #### 1.07 Case Management Practice Direction (1) The Chief Justice may issue a Case Management Practice Direction that is intended to inform those who use the court about: (a) how the case management system works; and (b) the arrangements that regulate the progression of a proceeding; and (c) the court events that occur as a proceeding progresses. (2) The Case Management Practice Direction must be published on the court’s website. (3) The Case Management Practice Direction is subject to these Rules which, among other things, set out the obligations of a party when conducting a case and the matters likely to be relevant to the court in exercising discretionary power. (4) The court may depart from the Case Management Practice Direction if it considers it appropriate to do so having regard to the circumstances of the proceeding, other proceedings awaiting hearing, and available resources. #### 1.08 Other practice directions (1) The Chief Justice may issue other practice directions setting out the procedural arrangements applicable to particular types of proceeding. (2) Practice directions must be published on the court’s website. (3) Practice directions are subject to these Rules. (4) The court may depart from a practice direction if it considers it appropriate to do so having regard to the circumstances of the proceeding, other proceedings awaiting hearing, and available resources. ### Division 1.2.2—Case management procedures in particular proceedings #### 1.09 Divorce proceedings The following apply if a divorce order has been made: (a) before the order takes effect, a party may make an application under section 57 or 58 of the Family Law Act for rescission of the order, by filing: (i) an Application in a Proceeding; and (ii) an affidavit setting out the reasons why the divorce order should be rescinded and the evidence in support of the application; and (b) if a party to the proceeding dies before the order takes effect, the surviving party must inform the court of the death of the other party by filing: (i) the death certificate of the deceased party; or (ii) an affidavit stating the details of the deceased party’s date and place of death. #### 1.10 Surrogacy proceedings (1) This rule applies to applications for parenting orders in relation to a child who was born under a surrogacy arrangement if no final parenting order in relation to the child has been made under Part VII of the Family Law Act. (2) The evidence in support of an application under this rule must include the following: (a) a copy of the surrogacy agreement (if any), however described; (b) evidence from each applicant that establishes the applicant’s personal circumstances, including those personal circumstances: (i) at the time the surrogacy procedure took place; and (ii) in the period immediately before the surrogacy arrangement was entered into; and (iii) in the period immediately before conception; and (iv) in the period immediately after the birth of the child and during subsequent arrangements for the care of the child; (c) evidence from the surrogate mother that establishes the surrogate mother’s personal circumstances, including those personal circumstances: (i) at the time the surrogacy procedure took place; and (ii) in the period immediately before the surrogacy arrangement was entered into; and (iii) in the period immediately before conception; and (iv) in the period immediately after the birth of the child and during subsequent arrangements for the care of the child; (d) evidence from the surrogate mother as to the following: (i) whether the surrogacy arrangement was made with her informed consent; (ii) whether she received counselling before entering into the surrogacy arrangement; (iii) whether she received any legal advice before entering into the surrogacy arrangement; (e) evidence regarding the surrogacy arrangement entered into between: (i) the applicant and the surrogate mother; or (ii) the applicant and the clinic (if any) at which the surrogacy procedure was performed; or (iii) the applicant, the surrogate mother and the clinic (if any); (f) evidence regarding the identity of the child, including: (i) a certified copy of the child’s birth certificate; (ii) a report, prepared in accordance with section 68 of the Family Law Regulations, relating to the information obtained as a result of carrying out a parentage testing procedure; (iii) if the child is an Australian citizen—either a certified copy of the child’s Australian citizenship certificate, or if the child’s name is referred to on an Australian citizenship certificate issued to one of the child’s parents, a certified copy of the parent’s Australian citizenship certificate; (iv) if an order of the kind referred to in subsection 60HB(1) of the Act has been made in relation to the child—a copy of the order; (g) evidence regarding the law in the country where the child was born in relation to: (i) surrogacy arrangements; and (ii) the rights of the surrogate mother in relation to the child; and (iii) the rights of the surrogate mother’s spouse (if any) in relation to the child. #### 1.11 Medical procedure proceedings (1) This rule applies to applications: (a) for an order authorising a major medical procedure for a child that is not for the purpose of treating a bodily malfunction or disease; or (b) where there is a dispute about the Gillick competence of, or the diagnosis or treatment of a child for gender dysphoria as defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM‑5) at 302.85 or any subsequent or similar definition. (2) Any of the following may make an application to which this rule applies: (a) a parent of the child; (b) a person who has a parenting order in relation to the child; (c) the child; (d) the independent children’s lawyer; (e) any other person concerned with the care, welfare and development of the child. (3) If a person referred to in paragraph (2)(a) or (b) is not an applicant, the person must be named as a respondent to the application. (4) If an application to which this rule applies is filed, evidence must be given to satisfy the court that the proposed medical procedure is in the best interests of the child. (5) The evidence must include evidence from a medical, psychological or other relevant expert witness that establishes the following: (a) the exact nature and purpose of the proposed medical procedure; (b) the particular condition of the child for which the procedure is required; (c) the likely long‑term physical, social and psychological effects on the child: (i) if the procedure is carried out; and (ii) if the procedure is not carried out; (d) the nature and degree of any risk to the child from the procedure; (e) if alternative and less invasive treatment is available—the reason the procedure is recommended instead of the alternative treatments; (f) that the procedure is necessary for the welfare of the child; (g) if the child is capable of making an informed decision about the procedure—whether the child agrees to the procedure; (h) if the child is incapable of making an informed decision about the procedure—that the child: (i) is currently incapable of making an informed decision; and (ii) is unlikely to develop sufficiently to be able to make an informed decision within the time in which the procedure should be carried out, or within the foreseeable future; (i) whether the child’s parents or carer agree to the procedure. (6) The evidence in support of an application under this rule may be given: (a) in the form of an affidavit; or (b) with the court’s permission, orally. (7) An application to which this rule applies and any document filed with it must be served on the prescribed child welfare authority. #### 1.12 Financial or property proceedings (1) This rule applies to applications for financial or property orders other than those to which rule 1.13 applies. (2) A person who applies for an order under Part VIII of the Family Law Act must serve a written notice on each person referred to in subsection 79AA(10) of that Act of whom the person applying for the order is aware. (3) A person who applies for an order under Part VIIIAB of the Family Law Act must serve a written notice on each person referred to in subsection 90SMA(10) of that Act of whom the person applying for the order is aware. (4) A notice under subrule (2) or (3) must: (a) state that the person to whom the notice is addressed may be entitled to become a party to the proceedings under subsection 79AA(10) or 90SMA(10) of the Family Law Act (as applicable); and (b) include a copy of the application for the order sought; and (c) state the date of the next relevant court event. (5) If, in an application for final orders or a response or reply to such an application, a person seeks a flagging order or splitting order in relation to a superannuation interest under Part VIIIB of the Family Law Act, or applies under section 79A or 90SN of that Act for an order to set aside an earlier order made in relation to a superannuation interest: (a) the person must, immediately after filing the application, response or reply, serve a sealed copy of that document on the trustee of the eligible superannuation plan in which the interest is held; and (b) if the court makes a flagging order or splitting order or any other order in relation to the superannuation interest—the party in favour of whom the order is made must serve a copy of it on the trustee of the eligible superannuation plan in which the interest is held. (6) If, in a financial or property proceeding, a party seeks an order to bind the trustee of an eligible superannuation plan and the proceeding has been listed for trial: (a) the party must, not less than 28 days before the first day of the trial, notify the trustee of the eligible superannuation plan in writing of: (i) the terms of the order that will be sought at the trial to bind the trustee; and (ii) the date of the trial; and (b) if the court makes an order binding the trustee of an eligible superannuation plan—the party in favour of whom the order is made must serve a copy of the order on the trustee of the eligible superannuation plan in which the interest is held. #### 1.13 Child support and child maintenance proceedings (1) This rule applies to the following: (a) applications or appeals under the Assessment Act or Registration Act (other than an application for leave to appeal from an order of a court exercising jurisdiction under the Assessment Act or Registration Act); (c) an application under Division 7 of Part VII of the Family Law Act; (d) an application under: (i) Subdivision B or C of Division 9 of Part 7 of the Family Law Regulations; or (ii) Division 4 or 5 of Part 10 of the Family Law Regulations. (2) Parts 6.2 (Disclosure procedures) and 6.3 (Specific questions) of these Rules do not apply to applications or appeals to which this rule applies. (3) A person must file an application for a declaration under subsection 106A(2) or 107(1) of the Assessment Act within 56 days after being served with a notice given under section 33 or 34 of that Act. (4) Each of the following persons is to be served with an application or appeal to which this rule applies: (a) each respondent; (b) a parent or eligible carer of the child in relation to whom the application is made; (c) the Child Support Registrar; (d) for appeals from the ART to which this rule applies: (i) an ART Registrar; and (ii) any other parties to the appeal. ### Division 1.2.3—Proceedings to which the Trans‑Tasman Proceedings Act 2010 applies #### 1.14 Application of Division 34.4 of the Federal Court Rules 2011 Division 34.4 of the Federal Court Rules 2011, as modified by rule 1.15 of these Rules or an order, applies to a proceeding in a Family Court or the family law jurisdiction of the Federal Circuit and Family Court (Division 2) as if the rules in that Division were provisions of these Rules. #### 1.15 Modifications of the Federal Court Rules 2011 For the purposes of rule 1.14 of these Rules, Division 34.4 of the Federal Court Rules 2011 applies as if: (a) a reference to an originating application were a reference to an application for final orders; and (b) a reference to an application, a certificate of non‑compliance or a subpoena being in accordance with a Form were disregarded; and (c) in paragraph 34.62(b), the words “other of these Rules” were omitted and the words “provisions of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021” were substituted; and (d) subrule 34.63(1) read as follows: “A person who wants to start a proceeding for an order under the Trans‑Tasman Proceedings Act must file an originating application, in accordance with rule 2.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.”; and (e) paragraph 34.64(a) read as follows: “an interlocutory application, in accordance with rule 2.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021; and”; and (f) subrule 34.68(2) were omitted. #### 1.16 Service of subpoena A subpoena to which Division 2 of Part 5 of the Trans‑Tasman Proceedings Act 2010 applies must also be accompanied by an information sheet in a form approved by the Chief Executive Officer. > Note 1: Subsection 32(2) of the Trans‑Tasman Proceedings Act 2010 requires the subpoena to be accompanied by a copy of the order giving leave for service and a notice in the prescribed form. > Note 2: Section 33 of the Trans‑Tasman Proceedings Act 2010 requires the reasonable expenses of complying with the subpoena to be paid at the time of service of the subpoena or at some other reasonable time before compliance with the subpoena is required. ### Division 1.2.4—Applications under the Corporations Act 2001 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 #### 1.17 Application of Division 1.2.4 This Division applies to a proceeding started in, or transferred to, a Family Court under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006. > Note: The Federal Circuit and Family Court (Division 2) does not have jurisdiction under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006. #### 1.18 Application of the Corporations Rules The Corporations Rules, as modified by rule 1.19 of these Rules or an order, apply to an application under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 in a Family Court as if the Corporations Rules were provisions of these Rules. #### 1.19 Modification of the Corporations Rules For the purposes of rule 1.18 of these Rules, the Corporations Rules apply as if: (a) in rules 5.9 and 16.1, a reference to a Registrar were a reference to a Judicial Registrar; and (b) in subrule 16.1(1), the reference to paragraph 35A(1)(h) of the Federal Court of Australia Act 1976 were a reference to paragraph 98(2)(l) of the Federal Circuit and Family Court of Australia Act 2021; and (c) in rule 16.2, a reference to a Registrar were a reference to a Judicial Registrar; and (d) in the heading to Schedule 2, a reference to a Registrar were a reference to a Judicial Registrar. #### 1.20 Application under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 An application under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 must not be dismissed only because it has been made in the wrong form. ### Division 1.2.5—Proceedings to which the Bankruptcy Act 1966 applies #### 1.21 Application of Division 1.2.5 (1) This Division applies to a proceeding in which a Family Court has jurisdiction in bankruptcy under section 35, 35A or 35B of the Bankruptcy Act. > Note: This Division does not apply to bankruptcy proceedings in the Federal Circuit and Family Court (Division 2). In a proceeding in the Federal Circuit and Family Court (Division 2) to which the Bankruptcy Act applies, the Federal Circuit and Family Court (Division 2) (Bankruptcy) Rules 2021 generally apply. (2) If this Division applies to a proceeding, Division 1.2.4 does not apply to the proceeding. #### 1.22 Application of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 Parts 1, 2, 7, 8 and 12 and Divisions 6.2, 6.3 and 13.1 of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021, as modified by rule 1.23 of these Rules or an order, apply to a proceeding in which a Family Court has jurisdiction in bankruptcy under section 35, 35A or 35B of the Bankruptcy Act as if the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 were provisions of these Rules. #### 1.23 Modifications of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (1) For the purposes of rule 1.22 of these Rules, the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 apply as if: (a) a reference to an originating application were a reference to an application for final orders; and (b) a reference to an interim application were a reference to an interlocutory application; and (c) a reference to an application being in accordance with a particular Form were disregarded; and (d) rules 1.07 and 2.02, paragraphs 7.01(b) and 7.04(1)(b), rule 7.05, subrule 7.06(4) and rule 12.03 of those Rules were omitted; and (e) the modifications in Table 1.2 were made. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Table 1.2—Additional modifications of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Provision</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Omit (wherever occurring)</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Substitute</td></tr></thead><tbody><tr><td style="width:8.78%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:26.06%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Rules 6.07 and 6.13</td><td style="width:36.32%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">in closed court</td><td style="width:28.84%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">in chambers</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Paragraphs 6.09(a) and 6.15(a)</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">by hand</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">by personal service</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Paragraph 6.09(a), rule 6.10, subrule 6.11(4), rule 6.15, subrule 6.16(4) and rule 12.02</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the Court or a Registrar</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the court</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">4</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Subrule 7.03(1)</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">a creditor of the bankrupt or a creditor of the estate of the deceased person.</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">a creditor of the bankrupt</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">5</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Subrules 7.04(2) and 8.02(5)</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">rule 17.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">rule 10.21 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">6</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Paragraph 7.04(3)(a)</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the bankrupt or deceased person</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the bankrupt</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">7</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Subrule 7.06(1)</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">rule 7.01 or 7.05</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">paragraph 7.01(a)</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">8</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Subrule 7.06(2)</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the bankruptcy or the administration of the estate of the deceased person</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the bankruptcy</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">9</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Rule 12.01</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">debtor or bankrupt</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">bankrupt</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">10</td><td style="width:26.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Rule 13.01</td><td style="width:36.32%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Subject to Division 13.2,</td><td style="width:28.84%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Unless the court otherwise orders,</td></tr></tbody></table> ``` (2) For the purposes of rule 1.22 of these Rules and rule 13.01 of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (as applied by rule 1.22 of these Rules), Part 40 of the Federal Court Rules 2011 applies as if: (a) a reference to the Court were a reference to a Family Court; and (b) a reference to an application were a reference to an application in a Family Court started by an application for final orders or transferred to a Family Court under section 35A of the Bankruptcy Act; and (c) a reference to an interlocutory application included a reference to an interlocutory application in a Family Court; and (d) a reference to a Registrar or taxing officer were a reference to a Judicial Registrar of a Family Court. #### 1.24 Forms in proceedings to which the Bankruptcy Act applies (1) For the purposes of a provision of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 that may apply to a proceeding because of this Division, a form may be approved: (a) for use in the Federal Circuit and Family Court (Division 1)—by the Chief Justice of the Federal Circuit and Family Court (Division 1); or (b) for use in the Family Court of Western Australia—by the Chief Judge of the Family Court of Western Australia. (2) A form approved under subrule (1) must be published on the relevant court’s website. (3) An application to which the Bankruptcy Act applies must not be dismissed only because it has been made in the wrong form. ### Division 1.2.6—Arbitration #### 1.25 Application of Division 1.2.6 This Division applies to an arbitration under the Family Law Act. > Note: Part 5 of the Family Law Regulations imposes additional requirements relating to arbitration. #### 1.26 Referral of question of law or other matters by an arbitrator (1) A referral of a question of law by an arbitrator under section 13G of the Family Law Act must be made by application in accordance with the approved form. > Note: Subsection 13G(1) of the Family Law Act provides that the referral may be made to the Federal Circuit and Family Court or to a single judge of the Family Court of a State. (2) The arbitrator must give each party to the arbitration a copy of the application within 7 days after making the application. (3) A referral by an arbitrator of a matter to the court under paragraph 31(b) or 32(1)(b) of the Family Law Regulations must be made by written notice to the Registry Manager. > Note: Section 31 of the Family Law Regulations is about suspension of arbitration for failure to comply with directions. Section 32 of the Family Law Regulations is about termination of arbitration where a party does not have the ability to take part in the arbitration. (4) A referral by an arbitrator of a matter to the court under paragraph 32(1)(b) of the Family Law Regulations must be made within 7 days after the arbitration is terminated. #### 1.27 Application for orders in relation to arbitration A party to an arbitration, or an arbitrator, seeking orders under section 13F of the Family Law Act in relation to an arbitration must file: (a) an application in accordance with the approved form; and (b) a statement signed by the party or the arbitrator briefly stating the facts relied on in support of the application. #### 1.28 Informing the court about awards made in arbitration An arbitrator must inform the court of the matters referred to in paragraph 36(4)(b) of the Family Law Regulations, by written notice to the Registry Manager, within 7 days after making an award. #### 1.29 Registration of awards made in arbitration (1) An application to register an arbitration award must include the award and the arbitrator’s reasons. (2) A copy of an application to register an arbitration award required to be served under subsection 37(3) of the Family Law Regulations must be served within 14 days after the day the application is filed. (3) The applicant must file an Affidavit of Service within 7 days after the day a copy of the application is so served. #### 1.30 Response to applications in relation to arbitration (1) This rule applies if: (a) an application is made to the court in relation to an arbitration (whether the application is made under this Chapter, the Family Law Regulations or the Family Law Act); and (b) a respondent to the application: (i) seeks to oppose the application; or (ii) seeks different orders to those sought in the application. (2) The respondent must file: (a) a response in accordance with the approved form; and (b) an affidavit or written statement stating the facts relied on in support of the response. (3) The respondent must file and serve the documents referred to in subrule (2) within 7 days after the day the application was served. ## Part 1.3—Court’s powers in relation to the Rules #### 1.31 Court may make orders or dispense with these Rules (1) The court may, in the interests of justice, dispense with compliance, or full compliance, with any of these Rules at any time. (2) If, in a proceeding, the court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the court prevails in that proceeding. #### 1.32 Applications for orders about procedures A person who wants to start a proceeding, or take a step in a proceeding, may apply to the court for an order about the procedure to be followed if: (a) the procedure is not prescribed by the Family Law Act, these Rules or by or under any other Act; or (b) the person is in doubt about the procedure. #### 1.33 Failure to comply with specified time limit If a step is taken after the time specified for taking the step by these Rules, the Family Law Regulations or a procedural order, the step is of no effect. #### 1.34 Application to allow step after specified time limit (1) A party may apply for relief from the effect of rule 1.33. (2) In determining an application under subrule (1), the court may consider the following: (a) whether there is a good reason for the non‑compliance; (b) the extent to which the party has complied with orders, legislative provisions and pre‑action procedures; (c) whether the non‑compliance was caused by the party or the party’s lawyer; (d) the impact of the non‑compliance on the management of the proceeding; (e) the effect of the non‑compliance on each other party; (f) costs; (g) whether the party should be stayed from taking any further steps in the proceeding until the costs are paid; (h) whether all parties consent to the step being taken after the specified time. > Note: This subrule does not limit the powers of the court.