Family Law Amendment Rules 2010 (No. 1) 1

Transcription

1 Family Law Amendment Rules 2010 (No. 1) 1 Select Legislative Instrument 2010 No. We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act. Dated 2010

2 Judges of the Family Court of Australia Principal Registrar Family Court of Australia Judges of the Family Court of Western Australia Principal Registrar Family Court of Western Australia 2 Family Law Amendment Rules 2010 (No. 1) 2010,

3 Rule 3 1 Name of Rules These Rules are the Family Law Amendment Rules 2010 (No. 1). 2 Commencement These Rules commence on 1 August Amendment of Family Law Rules 2004 Schedule 1 amends the Family Law Rules Schedule 1 Amendments (rule 3) [1] Table 2.2, items 1 and 2 [2] Table 2.2, item 2B, paragraph (a) items 2 items 2A [3] Table 2.2, item 2B, paragraph (b) (b) to satisfy the court for section 90SB of the Act that the relationship is or was registered under a prescribed law the certificate of registration; and 2010, Family Law Amendment Rules 2010 (No. 1) 3

4 Schedule 1 Amendments [4] Table 2.2, item 3 3 Initiating Application (Family Law), or Response to Initiating Application (Family Law), in which financial orders are sought, for example, property settlement, maintenance, child support a completed Financial Statement (see rule 13.05) [5] Table 2.2, items 5 to 8 5 Initiating Application (Family Law) or Response to an Initiating Application (Family Law) relying on a cross-vesting law, or seeking an order under Part 4.2: for a medical procedure; for step-parent maintenance, if there is consent; for nullity of marriage; for a declaration as to validity of a marriage or divorce or annulment; or relating to a passport an affidavit (see section 66M of the Act and rules 4.06, 4.09, 4.29 and 4.30) 4 Family Law Amendment Rules 2010 (No. 1) 2010,

5 Amendments Schedule 1 6 Initiating Application (Family Law) or Response to an Initiating Application (Family Law) in which a child support application or appeal is made 7 Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar) the documents mentioned in rule 4.18 for the application an affidavit (see rules 5.02 and 9.02) [6] Table 2.2, item 9, paragraph (a) (a) if the orders sought are for a de facto relationship one of the documents mentioned in this column in item 2B; [7] Subrules 2.02 (2) and (3) [8] Paragraph 7.04 (2) (c) [9] Paragraphs 7.04 (2) (d), (e) and (f) reletter as paragraphs (c), (d) and (e) 2010, Family Law Amendment Rules 2010 (No. 1) 5

6 Schedule 1 Amendments [10] Rule 10.15A, heading 10.15A Consent parenting orders and allegations of abuse or family violence [11] Paragraph 10.15A (2) (a) after (abuse) or family violence [12] Paragraphs 10.15A (2) (b) and (3) (a) and (b) after abuse or family violence [13] Table 11.1, item 2, paragraph (g) particulars of the reasons why the basis on which [14] Subrule (1) Each Subject to subrule (3), each 6 Family Law Amendment Rules 2010 (No. 1) 2010,

7 Amendments Schedule 1 [15] After subrule (2), including the note (3) This rule does not apply to a respondent in an application alleging contravention or contempt. [16] Rule [17] Subparagraph (1) (b) (ii) (ii) producing copies of the documents attached to an affidavit. [18] Subrule (2) The For subparagraph (1) (b) (ii), the [19] Paragraph (2) (c) (c) verify the attached copies as accurate copies of the original documents mentioned in the subpoena; and [20] After subrule (3) (4) In this rule: copy includes: (a) a photocopy; or (b) a PDF copy on a CD-ROM. 2010, Family Law Amendment Rules 2010 (No. 1) 7

8 Schedule 1 Amendments [21] Rule 15.36H 15.36H Service of subpoena A subpoena must be served in accordance with section 10 of the Evidence and Procedure Act and accompanied by an information sheet in a form approved by the Principal Registrar. Note 1 Subsection 10 (3) of the Evidence and Procedure Act requires the subpoena to be accompanied by a copy of the order giving leave for service and a notice in the form set out in Schedule 2 to the Evidence and Procedure (New Zealand) Regulations Note 2 Section 11 of the Evidence and Procedure Act requires payment for the reasonable expenses of complying with the subpoena to be paid or tendered at the time of service. [22] Rule 15.47, note 1 Note 1 Note [23] Rule 15.47, note 2 [24] Subrule (3) (3) The parties to the agreement must give to the expert a statement of facts, agreed to by the parties to the agreement, on which to base the report. 8 Family Law Amendment Rules 2010 (No. 1) 2010,

9 Amendments Schedule 1 (4) However, if the parties to the agreement do not agree on a statement of facts: (a) unless the court directs otherwise each of the parties to the agreement must give to the expert a statement of facts on which to base the report; and (b) the court may give directions about the form and content of the statement of facts to be given to the expert. [25] Subrule (1) A Before final orders are made, a [26] Rule Rate of interest The prescribed rate at which interest is payable under paragraphs 87 (11) (b) and 90KA (b) and subsection 117B (1) of the Act is: (a) in respect of the period from 1 January to 30 June in any year the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced; and (b) in respect of the period from 1 July to 31 December in any year the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced. Note For the date from which interest is payable, see paragraphs 87 (11) (b) and 90KA (b) and subsection 117B (1) of the Act. [27] Tables 18.1 and 18.2, column , Family Law Amendment Rules 2010 (No. 1) 9

10 Schedule 1 Amendments [28] Table 18.2, item 1 [29] Table 18.2, item 1A renumber as item 1 [30] Table 18.2, item 3 after section 65D (except an excluded order) [31] Tables 18.3 and 18.4, column 3 [32] Table 18.4, item 9 after paragraph (f) and subject to subsection 37A (6) [33] Table 18.4, item 11 section 45 subsection 45 (2) 10 Family Law Amendment Rules 2010 (No. 1) 2010,

11 Amendments Schedule 1 [34] Table 18.4, item 12 after section 48 (if the case is undefended) [35] Table 18.4, items 16 to 16C 16 subsection 60I (9) 16A subsection 60I (10) 16B subsection 60J (1) 16C paragraphs 60K (2) (a), (b) and (c) (procedural orders only) [36] Table 18.4, items 28 and 29 [37] Table 18.5, column 3 [38] Table 18.5, items 19A, 34 and 35 [39] Table 18.5, item 37 Chapter 24 (except rule 24.13) 2010, Family Law Amendment Rules 2010 (No. 1) 11

12 Schedule 1 Amendments [40] Subrule (2) (2) The appellant must file a draft index to the appeal book within: (a) 28 days after: (i) filing the Notice of Appeal; or (ii) the date when the reasons for judgment that relate to the order the subject of the appeal are issued (being the date of the certificate of the Associate to the Judicial Officer that appears on the published reasons for judgment); or (b) if the court extends the period mentioned in paragraph (a) the period ordered by the court. [41] Subrule (1) after preparing and filing [42] Subrule (2) after prepare and file [43] Subparagraph (1) (a) (iii) Internet); and Internet); 12 Family Law Amendment Rules 2010 (No. 1) 2010,

13 Amendments Schedule 1 [44] Paragraph (1) (b) waived. waived; and [45] After paragraph (1) (b), before the note (c) the document is accepted in the Registry and is stamped. [46] Schedule 3 Item 101 $16.50 $ $5.65 $ $18.90 $ $7.70 $ $3.05 $ cents 67 cents 108 $ $ $ $ $371 $636 $ $ $ $ $ $ $371 $636 $ $ $ $ $ $ $371 $2 650 $ $ $ $ $ $ $689 $5 300 $ $ $ $ $ $ $1 749 $5 300 $ $ $ $ $ $ , Family Law Amendment Rules 2010 (No. 1) 13

14 Schedule 1 Amendments Item 206 $371 $636 $ $ $ $ $ $ $ $ $ $ $ $ $ $ , 401 and 402 $ $524 [47] Dictionary, definition of family report Act (see rule 15.03). Act. Note 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act See 14 Family Law Amendment Rules 2010 (No. 1) 2010,