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FAMILY LAW AMENDMENT RULES 2004 (NO. 3) 2004 NO. 351
EXPLANATORY STATEMENTIssued by the authority of the Judges of the Family Court of Australia
Statutory Rules 2004 No. 351
FAMILY LAW AMENDMENT RULES 2004 (No. 3)
Section 123 of the Family Law Act 1975 (the 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 Act.
Section 123(2) of the 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 29 March 2004. Pursuant to the Legislative Instruments Act there has been broad consultation with the Family Law Section of the Law Council of Australia and the Attorney General's Department in the preparation of the following amendments to the Family Law Rules.
The major changes introduced by the amendments to the Rules are as follows:
• To clarify the Form 12 process.
• To address issues of concern in relation to the Rules dealing with experts and costs.
• To amend various delegations to Judicial Registrars, Registrars and Deputy Registrars.
• To cater for the commencement of Part VIIIAA of the Family Law Act on the 17th December 2004.
The balance of the amendments correct errors and clarify the meaning and intention of the Rules.
The major changes introduced by the amendments to the Forms are as follows:
• To redraft the Form 12.
• To address concerns that in a number of Forms the party filing the document is hard to identify and the information required by the court staff is not readily accessible.
• To correct minor drafting and typographical errors.
DETAILS OF AMENDMENTS
Rule 1 Name of Rules
The name of the rules is the Family Law Amendment Rules 2004 (No. 3)
Rule 2 Commencement
The rules amendments commence:
a) on 17 December 2004 - Rules 1 to 3 and Schedule 1;
b) on 31 January 2005 - Schedule 2;
c) on 31 March 2005 - Schedule 3.
Rule 3 Amendment of Family Law Rules 2004
Schedules 1, 2 & 3 amend the Family Law Rules 2004
Schedule 1, item 1. Rule 2.01, Table 2.1, item 1, column 2
This amendment is to omit the word "passport" and insert the words "order relating to passport (see Division 4.2.7)". This will clarify that it is an order relating to a passport as set out in Division 4.2.7 that requires an application for final orders (Form 1). Further amendments are made to Division 4.2.7 as set out in this explanatory statement.
Schedule 1, item 2. Paragraph 4.09(2)(c)
This amendment is to omit the words "of the procedure". This is to clarify that what is relevant are the effects on the child of either carrying out or not carrying out the procedure.
Schedule 1, item 3. Rule 4.17, note
This amendment is to substitute a new note at the conclusion of Rule 4.17. This new note is to clarify that not all orders made in accordance with this Rule are subject to the Registration Act.
Schedule 1, item 4. Rule 4.21.
This amendment omits the word "receiving" and insert the words "being served with:". This amendment is to make Rules 4.21 and 4.22 consistent. The former rule presently fixes a time limit from the receipt of a notice from the Child Support Registrar while the latter fixes a time limit from the service of a notice.
Schedule 1, item 5. Rule 4.30
This amendment omits the words "An order relating to" and insert the words "only an order that relates to". This clarifies that the application for final orders (Form 1) must be used when the only order sought is an order that relates to a passport.
Schedule 1, item 6. Rule 4.31
This amendment clarifies that this rule only applies when an application for an order relating to a passport is sought in the application for final orders (Form 1).
Schedule 1, item 7. Rule 5.06
This amendment is to rectify a degree of duplication and inconsistency between Rules 5.06, 12.12 and 16.08. This amendment also clarifies that the expense that is being referred to is the expense with respect to the use of the electronic communication, and that it is the responsibility of the requesting party to ask any other party whether the other party agrees or objects to the use of electronic communication for the purpose proposed by the requesting party.
Schedule 1, item 8. Subrule 5.07(5)
This amendment addresses numbering changes consequent upon the amendment to Rule 5.06.
Schedule 1, item 9. Rule 5.12
This amendment omits the words "interim order, enforcement order or" and inserts the words "interim order or". This is to reflect the fact that Rule 5.12 is not intended to apply to financial enforcement under Rules 20.10(1)(b), 20.16(1), 20.32(1), 20.42(3)(a) and 20.53. Those rules provide for applications and requests to be without notice to the respondent whereas Rule 5.12 requires the applicant to prove certain things to persuade the court to proceed without notice.
Schedule 1, item 10. Subrule 6.02(1), at the foot
This amendment inserts an example at the foot of subrule 6.02(1). This is necessary as a result of the commencement of Part VIIIAA of the Family Law Act on the 17th December 2004. It clarifies that where an order is sought that would be binding on a third party, the third party should be named as a respondent to the application (Rule 6.02(1)) and served (see Rule 7.04(4)).
Schedule 1, item 11. Paragraph 6.02(2)(b)
This amendment is to limit the need to include a person as a party to where there is a parenting order currently in place and to be consistent with Rule 6.02(2)(d).
Schedule 1, item 12. After Subrule 6.06(3)
This amendment is to clarify that the obligation to give notice of the procedural hearing is on the intervener.
Schedule 1, item 13. Paragraph 6.07(1)(a)
This amendment is to improve the drafting of this paragraph.
Schedule 1, item 14. Rule 7.03, Table 7.1, item 11
This amendment is to remove the requirement for special service of an offer to settle and a withdrawal of an offer to settle. This addresses various concerns including that special service can cause unnecessary costs to clients contrary to the main purpose of the Rules.
Schedule 1, items 15 and 16. Rule 7.13
This amendment is to make the existing rule wider. Rule 7.13 in its current form is restricted to "service of an application". There needs to be provision for proving service of other documents such as a notice.
Schedule 1, items 17 and 18. Paragraph 8.05(4)(a) and After paragraph 8.05(4)(a)
This amendment requires the inclusion in an address for service of a telephone number at which the party may be contacted, allowing for a further method of communication.
Schedule 1, item 19. Subrule 9.01(2)
This amendment is to provide consistency between what is required in an application for final orders (Form 1) and the response (Form 1A). It requires the respondent to "give full particulars of the orders the respondent wants the court to make".
Schedule 1, item 20. Subrule 10.04(1)
This amendment clarifies that a party accepting an offer to settle should do so in writing to the party making the offer. This will also make this subrule more consistent with Rules 10.01(1) 10.01(2), and 10.03(1).
Schedule 1, item 21. After rule 10.16
This amendment inserts a new Rule 10.16A after Rule 10.16 and it is necessary as a result of the commencement of Part VIIIAA of the Family Law Act on 17th December 2004. Where a consent order or injunction is sought which will bind a third party the party filing the draft consent order must file an affidavit setting out the facts relied upon to satisfy the court of the matters in paragraphs 90AE(3) and (4) and 90AF(3) and (4) of the Act (whichever are applicable).
Schedule 1, items 22 and 23. Rule 11.01, Table 11.1, item 2, column
3,
paragraph (f)
This amendment is to add after paragraph (f) a further paragraph (g) which will provide for an order for a party to provide particulars or further and better particulars of the orders sought by that party. This will facilitate clarification of the orders sought by the respondent third party.
Schedule 1, items 24 and 25. Subrule 11.10(3), note and After subrule 11.10(3)
This amendment is to omit the note and insert a new subrule (4). This amendment will clarify that the party amending the Form 1 or Form 1A under subrule (2) must give each other party written notice of the hearing.
Schedule 1, item 26. Paragraph 11.15(1)(b)
This amendment is to address numbering changes resulting from the amendments to Division 13.3.2 in item 27.
Schedule 1, item 27. Division 11.3.2
This amendment is to clarify that the factors which the court must consider in transferring a case also apply in a change of venue from one place to another such as from a Registry to a sub-Registry or circuit centre.
Schedule 1, item 28. Paragraph 12.01(e)
This amendment is a consequential amendment to the amendments to Rules 4.30 and 4.31.
Schedule 1, item 29. Paragraph 12.02(g), except the note
This amendment is to substitute a new subparagraph (g) which will allow for a market appraisal or an opinion as to value to be exchanged before the first court date in the event that value is not agreed.
Schedule 1, item 30. Rule 12.12
This amendment is to ensure consistency between Rules 5.06, 12.12 and 16.08 and is consequent upon the amendment to Rule 5.06 in item 7.
Schedule 1, items 31 and 32. Subrule 12.14(1) and Paragraph 12.14(2)(d)
This amendment is to clarify that if the applicant has not served the application then the applicant alone can seek a postponement of the Case Assessment Conference. Similarly, if there is more than one respondent and no-one has been served. In the event that the application has been served then the applicant and any party served must agree to the postponement of the Case Assessment Conference, Procedural Hearing, or Conciliation Conference.
Schedule 1, item 33. Rule 13.12
This amendment is to make this rule subject to the mandatory disclosure provisions in Rule 15.55.
Schedule 1, item 34. Subrule 13.15(4)
This amendment is to ensure consistency between subrule (4) and paragraph (1)(b) by requiring a continuing duty of disclosure.
Schedule 1, item 35. After subrule 13.33(2)
This amendment is firstly to require service of the brochure called "Production of documents by a person who is not a party to the case" and written confirmation that the party has complied with the requirements of Rule 13.34. Secondly, this amendment is to indicate that this process is not available to require the production of documents by a court.
Schedule 1, item 36. Rule 13.34
This amendment is to allow extra notice, namely 14 days in lieu of 7 days, to each other party to the case and any other person affected by the production sought. This amendment is to address concerns that the current timeframes are too short.
Schedule 1, item 37. Paragraph 13.34(b)
This amendment is to clarify and provide consistency as to who, in addition to each other party, must be served with a copy of the Form 12.
Schedule 1, item 38. Rule 13.35
This amendment is to respond to the concerns of some Government Departments that the timeframes provided are too short and to clarify how an objection is made.
Schedule 1, item 39. After Rule 13.37
This amendment is to address concerns that the current rules do not provide any protection to or immunity for the non-party who produces documents under the Form 12 process.
Schedule 1, item 40. Rules 13.39 and 13.40
This amendment clarifies how a person who may be affected by the production of the documents pursuant to the Form 12 notice can object to that production. The amendment also requires a requesting party to serve a copy of any objection received on each other party, and makes a consequent amendment to Rule 13.40.
Schedule 1, item 41. Subrule 14.06(3), note
This amendment will add a note to Rule 14.06(3) to refer back to Rule 7.13(2). This will clarify the question of how to prove service of an order on the trustee of an eligible superannuation plan.
Schedule 1, item 42. Paragraph 15.07(1)(e)
This amendment is a consequential amendment to the amendments to Rules 4.30 and 4.31.
Schedule 1, item 43. Subparagraph 15.07(2)(b)(ii)
This amendment clarifies that a statement of the evidence is required and not just a summary.
Schedule 1, items 44 and 45. Subparagraph 15.29(1)(b)(ii) and Subrule 15.29(2), except the note
These two amendments firstly clarify that the affidavit is not filed but verifies the accuracy of the copy documents sent in lieu of the originals and secondly clarify the contents of and the attachments to the affidavit.
Schedule 1, item 46. Subrule 15.35(2)
This amendment addresses the inconsistency which currently exists between Rules 15.35(2) and 16.10(4) and clarifies the timeframe for the return of documents tendered as exhibits.
Schedule 1, item 47. Rule 15.41
This amendment is to improve the drafting of the existing rule. For example, it was never intended that the rules regarding experts would apply to teachers and treating experts. Accordingly the rule and the example have been redrafted to clarify this. The rule has also been redrafted to make it clear that a prognosis provided in a treating doctor's opinion does not for that reason alone require compliance with the rules regarding experts.
Schedule 1, item 48. Rule 15.43 definition of expert
This amendment is consequential on the amendments to Rule 15.41. The current exclusions are now provided for in Rule 15.41.
Schedule 1, item 49. Rule 15.47, note 2
This amendment clarifies that the entirety of Rule 15.46 applies and not just paragraph 15.46(d).
Schedule 1, item 50. Subrule 15.49(2)
This amendment clarifies that a report can be tendered.
Schedule 1, items 51, 52 and 53. Paragraphs 15.54(1)(a), Subrule 15.62(2) and Subparagraph 15.69(2)(e)(i)
These amendments reflect the fact that the expert witness is required only to swear to having read and understood Divisions 15.5.4, 15.5.5 and 15.5.6 and not the whole of Part 15.5.
Schedule 1, item 54. Paragraph 16.08(3)(d)
This amendment is to correct a typographical error.
Schedule 1, item 55. Rule 17.03
This amendment is to adjust the rate of interest. This is reviewed annually to ensure that the rate is the equivalent of 5% over the Reserve Bank rate.
Schedule 1, item 56. After paragraph 18.02(1)(e)
This amendment is to address the inconsistency with item 6 in Table 18.1 in subrule 18.02(1) and to confirm that Judicial Registrars do not have the power to make final orders in relation to a frivolous or vexatious case.
Schedule 1, item 57. Subrule 18.02(3)
This amendment deletes subparagraph (b) which purports to confer on Judicial Registrars the power to set aside a Registered Arbitration Award until further order, by consent or on an undefended basis. Section 26B of the Act prevents the judges from delegating "the power to make an order setting aside a Registered Award under Section 19G".
Schedule 1, item 58. Subrule 18.05(1), Table 18.2, item 6, column 2
This amendment is to give Registrars the power to make orders for maintenance for step-children.
Schedule 1, item 59. Subrule 18.05(2), Table 18.3, item 7
This amendment is to omit item 7 from the Registrars' list of powers. This power is to be delegated to Deputy Registrars but Registrars will retain the power to preside over enforcement hearings pursuant to Rule 18.01(1).
Schedule 1, item 60. Subrule 18.05(2), Table 18.3, item 9, column 3
This amendment is to clarify what power is delegated to Registrars.
Schedule 1, item 61. Subrule 18.05(2), Table 18.3, after item 9
This amendment delegates to Registrars the "power to determine a claim by an affected person under a third party debt notice (Form 17)". The effect of this is to remove this power from Deputy Registrars.
Schedule 1, item 62. Subrule 18.06(1), Table 18.4, item 15, column 3
This amendment is to clarify that the power delegated to Deputy Registrars is the "power to register a revocation agreement".
Schedule 1, item 63. Subrule 18.06(2), Table 18.5, item 13, column 2
This amendment clarifies the powers delegated to Deputy Registrars to make orders in relation to non-compliance.
Schedule 1, item 64. Subrule 18.06(2), Table 18.5, item 19, column 3
This amendment is to clarify that the orders that a Deputy Registrar can make under Chapter 12 are not limited to the attendance of parties at events as it currently reads.
Schedule 1, item 65. Subrule 18.06(2), Table 18.5, item 32, column 2
This amendment is to delete a power delegated to Deputy Registrars that it was not intended that they should have namely, the power to determine the validity of costs agreements.
Schedule 1, item 66. Subrule 18.06(2), Table 18.5, item 33, column 2
This amendment gives to Deputy Registrars the power to preside over and make enforcement orders at an enforcement hearing. This will ensure that the majority of the less complicated enforcement work will be done by Deputy Registrars and the more complicated enforcement work by other judicial officers.
Schedule 1, items 67 and 68. After subrule 19.03(3) and Subrule 19.04(7), after definition of court event
This amendment is to clarify the fact that the "lawyer" who has the duty to inform about costs does not include counsel instructed by another lawyer.
Schedule 1, item 69. Part 19.5
This amendment is to improve the drafting of Rules 19.18 and 19.19 in relation to the calculation of costs.
Schedule 1, item 70. Subrule 19.24(3)
This amendment is to prevent the filing of Bills of Costs in the Family Court for work done in other courts.
Schedule 1, item 71. Rule 19.26, heading
This amendment is to improve the drafting and more correctly describe the process.
Schedule 1, item 72. Rules 19.47 and 19.48
This amendment omits these rules as they are now superfluous given the amendments to Rules 19.18 and 19.19 in item 69.
Schedule 1, item 73. Rule 20.05
This amendment is to clarify that enforcement can be by way of an enforcement order and not just by an enforcement process. It also identifies the enforcement orders available.
Schedule 1, item 74. Rule 20.06, heading
This amendment is to correct a drafting error in the heading.
Schedule 1, item 75. Paragraph 20.06(a)
This amendment is to improve the drafting.
Schedule 1, item 76. Paragraph 20.08 (1)(c)
This amendment is to omit this paragraph as it is now considered to be unnecessary.
Schedule 1, item 77. Subrule 20.11(3), at the foot
This amendment is to insert a note to cross-reference this subrule with Rule 20.07.
Schedule 1, item 78. Rule 20.15, definition of enforcement order
This amendment is to omit the definition of enforcement officer. In item 133 it is inserted into the dictionary.
Schedule 1, item 79. Subrule 20.16(1)
This amendment is to clarify that the payee may ask a Family Court to issue an enforcement warrant. The present wording of this rule has led to enforcement warrants being issued out of Local Courts which was not the intention of the rules and which is not permissible in any event.
Schedule 1, item 80. Paragraph 20.16(3)(b)
This amendment is to delete the term "costs" and insert the term "fees". "(C)osts" are defined to be legal fees but here the rule is referring to fees to be paid to the bailiff. This amendment also allows, in addition to or instead of a written undertaking to pay all reasonable fees and expenses, for an amount to be paid on account if required by the enforcement officer.
Schedule 1, item 81. Subrule 20.16(3), at the foot
This amendment is to add a note at the foot of subrule 20.16(3). This clarifies that the payee is liable to pay the fees but they are recoverable under the warrant.
Schedule 1, item 82. Rule 20.17, heading
This amendment alters the heading to more correctly describe what is contained in the rule.
Schedule 1, items 83 and 84. Subrule 20.18(1), at the foot and Subrule 20.18(2)
This amendment clarifies that the powers of an enforcement officer in relation to the enforcement of a warrant are set out in Rule 20.60. A new subrule 20.18(2) is to be substituted to clearly set out the general powers of the enforcement officer, and a new subrule (3) is to be added to clarify what will be considered "reasonable" fees and expenses by reference to what is allowed under a legislative provision of the Commonwealth or a State or Territory.
Schedule 1, items 85 and 86. Paragraph 20.21(3)(d) and After paragraph 20.21(3)(d)
These amendments insert a new subparagraph (e) after subparagraph (d). This amendment requires the enforcement officer to provide a statement about where a copy of the contract for sale of the property can be obtained.
Schedule 1, item 87. After rule 20.21
This amendment will insert two new rules namely 20.21A "Sale of property at reasonable price" and 20.21B "Conditions of sale of property". It is now recognised that such provisions are necessary to guide enforcement officers as well as provide consistency with State legislation dealing with enforcement.
Schedule 1, item 88. Rule 20.22
This amendment is to improve the drafting and to clarify the obligations of the enforcement officer following a sale of property.
Schedule 1, item 89. Subrule 20.23(1)
This amendment is to provide a timeframe namely, 28 days for the payee to carry out the payee's responsibilities.
Schedule 1, item 90. Paragraph 20.23(1)(a)
This amendment is to clarify and expand the payee's responsibilities. For example notice has to be given to a mortgagor or a person who has an encumbrance on the title.
Schedule 1, item 91. After subrule 20.23 (1)
This amendment clarifies that the payee is liable to pay to the enforcement officer the reasonable fees and expenses of the enforcement.
Schedule 1, item 92. Subrule 20.23(2)
This amendment is a consequential amendment from the amendment in item 91.
Schedule 1, item 93. Subrule 20.23(2), at the foot.
This amendment inserts a note to clarify that the "person affected by an Enforcement Warrant may serve a notice of claim on the enforcement officer (see rule 20.25)".
Schedule 1, items 94 and 95. Before subrule 20.24(1) and subrule 20.24(1)
These amendments are to clarify the application of the rule and who may apply for an order. For example the amendment in item 94 is to enable a party to seek orders under the rule when there is an application for an enforcement warrant or order for seizure and sale not just when the warrant or order has been made.
Schedule 1, items 96, 97 and 98. Subparagraph 20.24(1)(c)(vii), Paragraph 20.24(1)(d) and After paragraph 20.24(1)(d)
These amendments will clarify that the payer, payee and enforcement officer can apply to the court if there is a dispute about fees and expenses claimed by the enforcement officer under the warrant. This will be achieved by adding a new paragraph (e).
Schedule 1, item 99. Rule 20.29, note
This amendment amends the note at the conclusion of rule 20.29 to clarify that it is rules 20.07 and 20.24 which set out the orders the court may make on the hearing of the application.
Schedule 1, item 100. Subrule 20.32(1)
This amendment is to clarify that only a Family Court can issue a third party debt notice (Form 17)
Schedule 1, item 101. Subrule 20.42(4), at the foot
This amendment inserts a note at the foot of subrule 20.42(4). This note provides a cross-reference to Part 5.4.
Schedule 1, item 102. Paragraphs 20.43(1)(a) and (b)
This amendment is to clarify that an obligation to pay money may be other than under an order but when it is an order the order must have been served.
Schedule 1, item 103. Subrule 20.43(2), at the foot
This amendment provides a cross-reference to Part 20.7 for the rules relating to the enforcement of obligations other than an obligation to pay money.
Schedule 1, item 104. Subrule 20.46(2)
This amendment is to require that the affidavit must include details of the receiver's fees.
Schedule 1, item 105. Subrule 20.46(3), at the foot
This amendment inserts a note at the foot of subrule 20.42(4). This note provides a cross-reference to Part 5.4.
Schedule 1, item 106. Subrule 20.47(5), at the foot
This amendment provides a cross-reference to Part 20.7 for the rules relating to the enforcement of obligations other than an obligation to pay money.
Schedule 1, item 107. Part 20.7, heading
This amendment is to insert a note after the heading at Part 20.7 to clarify that the powers an enforcement officer has in relation to the enforcement of a warrant are set out in rule 20.60.
Schedule 1, items 108 and 109. Subrule 20.56(1) and subrule 20.56(2)
These amendments are to correct an error in referring to "the payer" and not to "the respondent".
Schedule 1, item 110. After rule 20.59
This amendment is to insert a new rule 20.60 setting out in detail the powers of an enforcement officer.
Schedule 1, item 111. Subrule 21.02(1), Table 21.1, after item 1
This amendment is to include a contravention of sub-section 67X(2) of the Act in relation to recovery orders in the table of applications referred to in this rule. A Form 18 is specified as the application form to be used.
Schedule 1, item 112. Subrule 21.02(2), example
This amendment is to correct a problem with the example, that is, the suggestion that contempt applies to Stage 3 parenting compliance regime matters. The example has been amended to insert the words "alleges, in a Form 18 that a person has behaved in a way that showed" before the words "a serious disregard of his or her obligations under a parenting order (see paragraph 70NJ(1)(c) of the Act".
Schedule 1, item 113. Rule 21.06
This amendment is to clarify that a respondent to an application mentioned in item 1A, 2, 3 or 4 of Table 21.1 "may file an affidavit but is not required to do so".
Schedule 1, item 114. Paragraph 21.07(b)
This amendment is to clarify that the warrant of arrest may be issued for failure to attend on any of the applications referred to in Table 21.1.
Schedule 1, item 115. Rule 21.08
This amendment is consequential to the amendments in item 111.
Schedule 1, item 116. Subparagraph 21.16(1)(a)(iii)
This amendment is consequential to the amendments in items 111 and 114.
Schedule 1, item 117. Subrule 21.17(2)
This amendment is to omit the word "sealed" from this subrule to enable the warrant to be executed provided the enforcement officer has a copy.
Schedule 1, item 118. Subrule 22.12(3), notes 2 and 3
This amendment deletes the existing note 2 to overcome any confusion as to which court the application for a stay should be made.
Schedule 1, item 119. Rule 22.14, note 4
This amendment is to improve the drafting at note 4 and to make the timeframes clearer.
Schedule 1, item 120. Subrule 22.22(4)
This amendment corrects a drafting error and clarifies that the transcript does not have to be re-numbered in appeal books.
Schedule 1, item 121. Rule 22.42, example
This amendment removes the reference to a stay application in the example as a result of the amendment in item 118.
Schedule 1, item 122, 123 and 124. Paragraph 24.01(1)(f), Subparagraph 24.01(1)(g)(iv) and, After paragraph 24.01(1)(g)
These amendments insert a new subparagraph (h) after rule 24.01(1)(g)(iv). This allows for a document similar to a cover sheet to be attached to a marriage certificate, decree or family violence order but not otherwise.
Schedule 1, item 125. Schedule 1, Part 1, after subclause 3(1)
This amendment is to address concerns that brochures required under pre-action procedures should only be required to be sent once. This amendment will clarify that if the pre-action brochures have been given within twelve months of filing the application then they are not required to be provided again.
Schedule 1, item 126. Schedule 2. Form 2 Application in a Case
This form is amended to move certain instructions in relation to the form to a tear-off sheet at the front, and to move the information sought in Part A to a new Part C. This then enables the first page to contain the information that the court staff requires immediately when processing the form. The full name of the person on whose behalf the form is filed is also now required.
There are consequential amendments to the numbering of the Parts.
In item 6 in Part D the instructions have been amended to require the date of the order and the name of the judicial officer if the application is a review.
The important notices to the respondent/s on page 4 have been amended to identify Division 20.2.2 as a Division of the Family Law Rules.
Schedule 1, item 127. Schedule 2. Form 12 Notice of Non-party Production of Documents
This form has been substantially amended to better describe and set out logically in the form the obligations of the requesting party, the non-party, the parties and any affected party, the options that are available, and the process that must be followed. A new Part G has also been added to provide a recognisable form of objection for Government and other large organisations.
Schedule 1, item 128. Schedule 2. Form 60 Offer to settle
The instructions at the top of page 1 have been amended to require the full name of the person on whose behalf the form is filed to be provided.
Part C on page 2 has been amended to provide for the offer to be made by a respondent as well as by an applicant.
Schedule 1, item 129. Schedule 3.
This amendment provides for an increase of 10.2% to the scale of costs as recommended by the Federal Costs Advisory Committee. There is also an increase of the amount allowed for photocopying to 50 cents per page.
Schedule 1, item 130. Schedule 4. Heading
This amendment is to refer to the amended Rule 19.18 as opposed to the existing rule 19.47.
Schedule 1, items 131 and 132. Dictionary, definition of conduct money, paragraph (b) and Dictionary, definition of conduct money, after paragraph (b)
This amendment is to add a new paragraph (c) to the definition of conduct money to include in this definition the "reasonableness costs of complying with the subpoena".
Schedule 1, item 133. Dictionary, after definition of eligible carer.
This amendment adds a definition of "enforcement officer" to the dictionary.
Schedule 1, item 134. Dictionary, definition of enforcement order.
This amendment inserts into the definition of enforcement order an order for seizure and sale of real or personal property.
Schedule 1, item 135. Dictionary, after definition of order.
This amendment inserts a definition of an order relating to a passport. This is a consequential amendment to the amendment in item 1.
Schedule 1, item 136. Dictionary, definition of work done for a case.
This amendment is to substitute in the dictionary a new definition of "work done for a case". The amendment allows for work done in anticipation of the case to be included.
Schedule 2, item 1. Form 11 Application for Consent Orders
Item 3 on page 1 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address. Item 3 has also been amended to require a fax and the DX number to be provided by the respondent.
The instructions on page 2 at the conclusion of Part A are amended to require a third party who will be bound by an order sought under Part VIIIAA of the Family Law Act to be named as a respondent.
Item 17 is amended to make it clearer that what is being referred to is a binding financial agreement or a superannuation agreement under the Family Law Act or any relevant State or Territory legislation.
Item 22 is amended to indicate that shared residence can be the primary arrangement in a number of cases.
In Part G on page 14 the instructions in the superannuation section are amended to insert the word "items" before the item numbers.
The typographical error in item 58 is corrected by inserting sub-paragraph "(b)" in lieu of sub-paragraph "(a)". The typographical error in item 59 is corrected by inserting sub-paragraph "(c)" in lieu of sub-paragraph "(a)". The typographical error is corrected in item 60 with the reversal of the "yes" box and the "no" box in the applicant's column.
In Part I the applicant is now required to depose to having read and considered Part VIIIAA of the Family Law Act where there is an order or injunction binding on a third party.
Part J is amended because of the combining of two of the court brochures and removing the unnecessary requirement of the lawyer signing each page of the draft consent orders.
In the 10th box in Part K a typographical error is corrected by substituting "column 2" for "column 1" in sub-paragraph (a).
In Part K the respondent is now required to depose to having read and considered Part VIIIAA of the Family Law Act where there is an order or injunction binding on a third party.
Part L is amended because of the combining of two of the court brochures and by removing the unnecessary requirement of the lawyer signing each page of the draft consent orders.
Part M is added to the form for use by a third party respondent when an order is being made pursuant to Part VIIIAA of the Family Law Act.
Part N is added to the form for use by a lawyer providing independent advice to a respondent third party.
Schedule 3, item 1. Schedule 2, Forms 1 and 1A
Form 1 - Application for Final Orders
Item 3 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Item 5 is amended to require the applicant to insert the respondent's date of birth.
A typographical error is corrected by substituting "Part I" for "Part J" on page 9.
Form 1A - Response to an Application for Final Orders
In Part A the heading is amended to better describe the information that is being sought.
In Part A an instruction is inserted to only complete the part if the respondent is seeking orders in a new subject matter.
In Part A the typographical error is corrected in the third box in item 1 by substituting "response" for "application".
Item 3 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
In item 11 in Part C a typographical error is corrected by amending the number from "23" to "24".
A new Part E is inserted to provide for the respondent to indicate whether there has been other relevant court cases or orders made since the filing of the application. There are consequential amendments to the numbering of Parts F, G, H and I.
Schedule 3, item 2. Schedule 2, Forms 2A to 5
Form 2A - Response to an Application in a Case
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
In item 3 a typographical error has been corrected by substituting the words "in a case" for the words "for final orders".
Form 3 - Application for Divorce
Item 14 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
The notice of application to the other party has been inserted as the last page of the form.
In step 5 of the notice of application to the other party the typographical error is corrected by changing "divorce application" to "application for divorce".
Form 3A - Response to an Application for Divorce
Item 3 is amended to require the firm name to inserted in the address for service if it is a lawyer's address.
Form 4 - Notice of Child Abuse or Risk of Child Abuse
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Form 5 - Notice of Intervention by Person Entitled to Intervene
The instructions in the right hand box at the top of page 1 are amended to require the court date and time to be provided.
Item 3 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Item 5 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Schedule 3, item 3. Schedule 2, Form 8 Notice of Address for Service
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Schedule 3, item 4. Schedule 2, Form 10 Notice of Discontinuance
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Schedule 3, item 5. Schedule 2, Forms 13 to 20
Form 13 - Financial Statement
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Part A on page 1 has been amended to require the deponent of the affidavit to provide an address.
Item 3 on page 2 is amended to require the deponent's current occupation to be provided.
Items, 4, 5, 6 and 7 on page 2 have been rearranged so that they are in a more logical order.
Item 35 on page 6 is amended to require the address of the property to be provided.
Item 48 on page 9 is amended to require the total income tax assessed and unpaid for the last financial year to be provided.
In item 50 a typographical error is corrected by substituting the word "overdraft" for the word "over draft".
The instructions to Part N have been amended to make it clear that the Part must be completed even if the deponent is the respondent to an application for maintenance.
Form 14 - Subpoena
The reference to the Federal Magistrate's Court has been removed from the section headed "Filed in" at the top of page 1.
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
In the notes at the bottom of page 5 a typographical error is corrected by correctly spelling the word "subpoena".
Form 15 - Notice Disputing Itemised Costs Account
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Item 5 on page 2 is amended to make it clearer that each item must be the subject of an objection and it is not open to just make a general objection to the entirety of the itemised costs account.
Form 16 - Enforcement Warrant - Seizure & Sale of Property
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
In the heading to Part C and in item 5 on page 2 the word "authorised" has been deleted to make it clear that a party can appoint their own enforcement officer.
Form 17 - Third Party Debt Notice
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Part E on page 3 is amended to delete the reference to administrative expenses. The Family Law Rules do not allow such expenses to be deducted in this instance.
The important notice to the third party on page 4 is amended by specifying the rule number relevant to the penalty units.
Form 18 - Application - Contravention
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Part A on page 1 is amended to provide for the form to be used where it is alleged that there has been a breach of Section 67X(2) of the Family Law Act and to clarify the use of the form under Division 13A of Part VII of the Family Law Act and Part XIII of the Act.
Item 3 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
In Part D on page 3 the instruction is amended to identify the need to change the paragraph numbers for each additional contravention alleged.
The important notices to the respondent/s on page 5 are amended to clarify the obligations of the respondent and the possible consequences if the allegations are proven and there is no reasonable excuse provided to the court.
Form 19 - Application - Contempt
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
Item 3 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
Form 20 - Notice of Appeal
The instructions at the top of page 1 are amended to require the full name of the person on whose behalf the form is filed to be provided.
A typographical error is corrected in the instructions at the top of page 1 by placing a hyphen between the words "cross" and "appellant".
Item 2 is amended to require the firm name to be inserted in the address for service if it is a lawyer's address.
In Part D on page 2 a new item 5 has been inserted to provide details of the order appealed, the name of the judicial officer who made the order, and details of the relevant Registry and the file number. Consequential amendments are made to the numbering.
Item 8 is amended to make the same consistent with other forms.