Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT RULES 1999 (NO. 3) 1999 NO. 279

STATUTORY RULES 1999 No. 279

Issued by the authority of the Judges of the Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.

Section 123(2) of the Family Law Act provides that Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if reference in those sections to regulations were references to Rules of Court.

The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed and amended since that date.

DETAILS OF THE PROVISIONS OF THE AMENDMENTS

Order 36A Rule 2 (1A) (k)

This has been amended to delegate to the SES Band 2 Registrars the general power to make an order pursuant to section 84 "Registrars Clause".

Order 36A Rule 2 (1A) (o)

This amendment is to correct the reference to S. 114 (3) from s. 114 (1) of the Act.

Order 36A Rule 3 (h)

This amendment returns the power to Judicial Registrars to make an order or grant an injunction under s. 68B.

Order 36A Rule 3 (n)

This provision is unnecessary as this power is now delegated to Registrars (O36AR2(1A)(k)) and hence Order 36A Rule 3 (a) applies.

Order 38 Division 1A Notification of costs

This amendment requires lawyers to advise their clients about costs at various stages of the proceedings. A copy of this costs advice is also to be provided to the Court and to the other party/ies to the proceedings. The Rule also requires that the source of the funds to pay the costs be disclosed unless the source is a third party then the Court or Registrar has a discretion to waive this latter requirement.

Order 40 Rule (6) and (7)

Rule 6 has been amended to enable an application (for a person to be prevented from bringing further specified proceedings without leave of the court), to be made by a party or by the court of its own motion. Rule 7 has been amended to ensure the process is clear.

Forms 45B and 46

Paragraph 1 in the notings at the foot of these forms is to correct the amount of the maximum fine to $5000.

Schedule Scale of Costs

The Scale of Costs has been increased by 4% as recommended by Federal Costs Advisory Board. The only exception is photocopying which has been reduced to bring it more in line with commercial rates.