Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 3

Interpretation

         (1)    In these Regulations, unless the contrary intention appears:

"Act" means the Family Law Act 1975 .

"applicant" means a person who institutes or has instituted proceedings under the Act or is an applicant in pending proceedings under the repealed Act.

"application" means an application to a court for the purpose of instituting proceedings under the Act or an application to a registrar made under these Regulations.

"certified copy" means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary.

"Child Support Registrar" means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988 .

"conference" , in relation to proceedings, includes any attendance in connection with the proceedings, whether in person or by telephone, by a solicitor who is acting for a party to the proceedings on:

                (a)    that party;

               (b)    a witness, or a person who may be a witness, in the proceedings;

                (c)    another party to the proceedings or, where another solicitor is acting for that other party in the proceedings, that other solicitor;

               (d)    counsel for any party to the proceedings;

                (e)    a Judge;

                (f)    a registrar;

                (g)    a marriage counsellor, an approved marriage counselling organisation or a family counsellor;

                (h)    a family consultant; or

                (j)    any other person on whom the attendance is reasonable.

"filed" has the same meaning as in the applicable Rules of Court.

"intervener" means, in relation to proceedings, the Attorney-General or any other person when intervening or applying to intervene under Part IX of the Act, or a child independently represented under subsection 68L (2) of the Act.

"legal practitioner" means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.

"party to proceedings" means an applicant, respondent or intervener in proceedings under the Act.

"Principal Registrar" means the Principal Registrar of the Family Court.

"registrar" includes the Principal Registrar, a Registrar within the meaning of section 4 of the Act, a Deputy Registrar and, in relation to a court of summary jurisdiction, the clerk of the court, clerk of petty sessions or other person holding or performing the duties of a similar office in the court.

"respondent" means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener.

"sealed" means sealed with the seal of the court or otherwise endorsed by an officer of the court.

"Secretary" means:

                (a)    the Secretary of the Attorney‑General's Department; or

               (b)    a person authorised by the Secretary to perform a function in relation to which the expression is used.

"Shared Parental Responsibility Act" means the Family Law Amendment (Shared Parental Responsibility) Act 2006 .

"State Family Court" means a court to which section 41 of the Act applies.

"the former Regulations" means Statutory Rules 1975 No. 210 as amended by the other Statutory Rules repealed by regulation 78.

"transitional family dispute resolution practitioner" means a person taken, under item 124 of Schedule 4 to the Shared Parental Responsibility Act, to be a family dispute resolution practitioner.

Note    The following expressions used in these Regulations are defined in subsection 4 (1) of the Act:

*          applicable Rules of Court

*          related Federal Magistrates Rules

*          standard Rules of Court.

         (2)   A reference in these Regulations, other than in regulation 10, to the Family Court shall be read as including a reference to a State Family Court.



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