• Specific Year
    Any

FAMILY LAW RULES 2004

- made under the Family Law Act 1975

Table of Provisions

CHAPTER 1---Introduction

PART 1.1----PRELIMINARY

  • 1.01 Name of Rules
  • 1.02 Commencement
  • 1.03 Rules in Chapter 1 prevail

PART 1.2----MAIN PURPOSE OF RULES

  • 1.04 Main purpose of Rules
  • 1.05 Pre-action procedure
  • 1.06 Promoting the main purpose
  • 1.07 Achieving the main purpose
  • 1.08 Responsibility of parties and lawyers in achieving the main purpose

PART 1.3----COURT'S POWERS IN ALL CASES

  • 1.09 Procedural orders in cases of doubt or difficulty
  • 1.10 Court may make orders
  • 1.11 Court may set aside or vary order
  • 1.12 Court may dispense with Rules
  • 1.13. Judicial officer hearing application
  • 1.14 Shortening or extension of time
  • 1.15 Time for compliance

PART 1.4----OTHER PRELIMINARY MATTERS

CHAPTER 2--Starting a case

PART 2.1----APPLICATIONS

  • 2.01 Which application to file
  • 2.02 Documents to be filed with applications
  • 2.02A Documents filed by electronic communication

PART 2.2----BROCHURES

  • 2.03 Service of brochures

PART 2.3----NOTIFICATION IN CERTAIN CASES

Division 2.3.1--Cases involving allegation of abuse or family violence in relation to a child

  • 2.04 Definition
  • 2.04A Application of Division 2.3.1
  • 2.04B Amendment of Notice of Child Abuse, Family Violence or Risk
  • 2.04D Prescribed form
  • 2.05 Family violence order

Division 2.3.2--Property settlement or spousal or de facto maintenance cases

  • 2.06 Notification of proceeds of crime order or forfeiture application (Act ss 79B, 90M and 90VA)
  • 2.07 Proceeds of crime

CHAPTER 3--Divorce

PART 3.1----APPLICATION FOR DIVORCE

  • 3.01 Fixing of hearing date
  • 3.02 Amendment of an Application for Divorce
  • 3.03 Discontinuance of an Application for Divorce

PART 3.2----RESPONSE

  • 3.04 Response
  • 3.05 Objection to jurisdiction
  • 3.06 Response out of time
  • 3.07 Affidavit to reply to information in an Application for Divorce

PART 3.3----ATTENDANCE AT HEARING

  • 3.08 Attendance at hearing

PART 3.4----HEARING IN ABSENCE OF PARTIES

  • 3.09 Seeking a hearing in absence of parties
  • 3.10 Hearing in absence of parties--joint application
  • 3.11 Request not to hear case in parties' absence

PART 3.5----EVENTS AFFECTING DIVORCE ORDER

  • 3.12 Application for rescission of divorce order
  • 3.13 Death of party

CHAPTER 4---Application for Final Orders

PART 4.1----INTRODUCTION

  • 4.01 Contents of Application for Final Orders
  • 4.02 Filing affidavits
  • 4.03 First court date

PART 4.2----SPECIFIC APPLICATIONS

Division 4.2.1--General

  • 4.04 General provisions still apply
  • 4.05 Application by Attorney-General for transfer of case

Division 4.2.2--Cross-vesting

  • 4.06 Cross-vesting matters
  • 4.07 Transfer of case

Division 4.2.3--Medical procedure

  • 4.08 Application for medical procedure
  • 4.09 Evidence supporting application
  • 4.10 Service of application
  • 4.11 Fixing of hearing date
  • 4.12 Procedure on first court date

Division 4.2.4--Spousal or de facto maintenance

  • 4.14 Procedure on first court date
  • 4.15 Evidence to be provided

Division 4.2.5--Child support and child maintenance

  • 4.16 Application of Division 4.2.5
  • 4.17 Commencing proceedings
  • 4.18 Documents to be filed with applications
  • 4.19 Child support agreements
  • 4.20 Time limits for applications under Assessment Act
  • 4.23 Service of application
  • 4.24 Service by Child Support Registrar
  • 4.25 Procedure on first court date
  • 4.26 Evidence to be provided

Division 4.2.6--Nullity and validity of marriage and divorce

  • 4.27 Application of Division 4.2.6
  • 4.28 Fixing hearing date
  • 4.29 Affidavit to be filed with application

Division 4.2.7--Applications relating to passports

  • 4.30 Application relating to passport
  • 4.31 Fixing hearing date

Division 4.2.8--Children born under surrogacy arrangements

  • 4.32 Application of Division 4.2.8
  • 4.33 Evidence supporting application--general
  • 4.34 Evidence from applicant and surrogate mother
  • 4.35 Evidence about child's identity
  • 4.36 Evidence about relevant law in child's birth country
  • 4.37 Procedure on first hearing date

CHAPTER 5--Applications for interim, procedural, ancillary or other incidental orders

PART 5.1----GENERAL

  • 5.01 Restrictions in relation to applications
  • 5.01A Filing of applications seeking parenting orders during the Christmas school holiday period
  • 5.02 Evidence in applications to which Chapter 5 applies
  • 5.03 Procedure before filing
  • 5.05 Fixing a date for hearing or case assessment conference
  • 5.06 Attendance by electronic communication
  • 5.07 Attendance of party or witness in prison

PART 5.2----HEARING--INTERIM AND PROCEDURAL APPLICATIONS

  • 5.08 Interim orders--matters to be considered
  • 5.09 Affidavits
  • 5.10 Hearing time of interim or procedural application
  • 5.11 Party's failure to attend

PART 5.3----APPLICATION WITHOUT NOTICE

  • 5.12 Application without notice
  • 5.13 Necessary procedural orders

PART 5.4----HEARING ON PAPERS IN ABSENCE OF PARTIES

  • 5.14 Request for hearing in absence of parties
  • 5.15 Objection to hearing in absence of parties
  • 5.16 Court decision to not proceed in absence of parties
  • 5.17 Procedure in hearing in absence of parties

PART 5.5----POSTPONEMENT OF INTERIM HEARING

  • 5.18 Administrative postponement of interim hearing

PART 5.6----APPLICATION FOR CERTAIN ORDERS

  • 5.19 Application for suppression or non-publication order

CHAPTER 6--Parties

PART 6.1----GENERAL

PART 6.2----ADDING AND REMOVING A PARTY

  • 6.03 Adding a party
  • 6.04 Removing a party
  • 6.05 Intervention by a person seeking to become a party
  • 6.06 Intervention by a person entitled to intervene
  • 6.07 Notice of constitutional matter

PART 6.3----CASE GUARDIAN

  • 6.08A Interpretation
  • 6.08 Conducting a case by case guardian
  • 6.09 Who may be a case guardian
  • 6.10 Appointment, replacement or removal of case guardian
  • 6.11 Attorney-General may nominate case guardian
  • 6.12 Notice of becoming case guardian
  • 6.13 Conduct of case by case guardian
  • 6.14 Costs of case guardian

PART 6.4----PROGRESS OF CASE AFTER DEATH

  • 6.15 Death of party

PART 6.5----PROGRESS OF A CASE AFTER BANKRUPTCY OR PERSONAL INSOLVENCY AGREEMENT

  • 6.16 Interpretation
  • 6.17 Notice of bankruptcy or personal insolvency agreement
  • 6.18 Notice under paragraph 6.17(1)(b)
  • 6.19 Notice under paragraph 6.17(1)(c)
  • 6.20 Notice of bankruptcy proceedings
  • 6.21 Notice of application under section 139A of the Bankruptcy Act
  • 6.22 Official name of trustee

CHAPTER 7--Service

PART 7.1----GENERAL

  • 7.01A Application
  • 7.01 Service
  • 7.02 Court's discretion regarding service
  • 7.03 Service of documents
  • 7.04 Service of filed documents

PART 7.2----SPECIAL SERVICE

  • 7.05 Special service
  • 7.06 Special service by hand
  • 7.07 Special service by post or electronic communication
  • 7.08 Special service through a lawyer
  • 7.09 Special service on person with a disability
  • 7.10 Special service on a prisoner
  • 7.11 Special service on a corporation

PART 7.3----ORDINARY SERVICE

  • 7.12 Ordinary service

PART 7.4----PROOF OF SERVICE

  • 7.13 Proof of service
  • 7.14 Proof of special service
  • 7.15 Evidence of identity

PART 7.5----OTHER MATTERS ABOUT SERVICE

  • 7.16 Service by electronic communication
  • 7.17 When service is taken to have been carried out
  • 7.18 Service with conditions or dispensing with service

PART 7.6----SERVICE IN NON-CONVENTION COUNTRY

  • 7.19 Service in non-convention country
  • 7.20 Proof of service in non-convention country

CHAPTER 8--Right to be heard, address for service and submitting notices

PART 8.1----RIGHT TO BE HEARD AND REPRESENTATION

  • 8.01 Right to be heard and representation
  • 8.02 Independent children's lawyer
  • 8.03 Lawyer--conflicting interests
  • 8.04 Lawyer--ceasing to act

PART 8.2----ADDRESS FOR SERVICE

  • 8.05 Address for service
  • 8.06 Change of address for service

PART 8.3----SUBMITTING NOTICES

  • 8.07 Submitting notices

CHAPTER 9--Response and reply

PART 9.1----RESPONSE TO AN INITIATING APPLICATION (FAMILY LAW)

  • 9.01 Response to an Initiating Application (Family Law)
  • 9.02 Filing an affidavit with Response to Initiating Application (Family Law)
  • 9.03 Response objecting to jurisdiction

PART 9.2----REPLY TO RESPONSE TO AN INITIATING APPLICATION (FAMILY LAW)

  • 9.04 Applicant reply to Response to an Initiating Application (Family Law) (Reply)
  • 9.04A Additional party reply to Response to an Initiating Application (Family Law), (Reply)

PART 9.3----RESPONSE TO APPLICATION IN A CASE

  • 9.05 Response to Application in a Case
  • 9.06 Affidavit to be filed with Response to an Application in a Case
  • 9.07 Affidavit in reply to Response to an Application in a Case

PART 9.4----FILING AND SERVICE

  • 9.08 Time for filing and service of response or reply

CHAPTER 10--Ending a case without a trial

PART 10.1----OFFERS TO SETTLE

Division 10.1.1--General

  • 10.01 How to make an offer
  • 10.02 Open and 'without prejudice' offer
  • 10.03 How to withdraw an offer
  • 10.04 How to accept an offer
  • 10.05 Counter-offer

Division 10.1.2--Offer to settle--property cases

  • 10.06 Compulsory offer to settle
  • 10.07 Withdrawal of offer

PART 10.2----DISCONTINUING A CASE

PART 10.3----SUMMARY ORDERS AND SEPARATE DECISIONS

  • 10.12 Application for summary orders
  • 10.13 Application for separate decision
  • 10.14 What the court may order under this Part

PART 10.4----CONSENT ORDERS

  • 10.15 How to apply for a consent order
  • 10.15A Consent parenting orders and allegations of abuse or family violence
  • 10.16 Notice to superannuation trustee
  • 10.17 Dealing with a consent order
  • 10.18 Lapsing of respondent's consent

CHAPTER 11---Case management

PART 11.1----COURT'S POWERS OF CASE MANAGEMENT

  • 11.01 General powers
  • 11.02 Failure to comply with a legislative provision or order
  • 11.03 Relief from orders
  • 11.04 Certificate of vexatious proceedings order
  • 11.05 Application for leave to institute proceedings after vexatious proceedings order made
  • 11.06 Dismissal for want of prosecution

PART 11.2----LIMITING ISSUES

Division 11.2.1--Admissions

  • 11.07 Request to admit
  • 11.08 Notice disputing fact or document
  • 11.09 Withdrawing admission

Division 11.2.2--Amendment

  • 11.10 Amendment by a party or court order
  • 11.11 Time limit for amendment
  • 11.12 Amending a document
  • 11.13 Response to amended document
  • 11.14 Disallowance of amendment

PART 11.3----VENUE

Division 11.3.1--Open court and chambers

  • 11.16 Venue for proceedings

Division 11.3.2--Transferring a case

  • 11.17 Transfer to another court or registry
  • 11.18 Factors to be considered for transfer

Division 11.3.3--Transfer of court file

  • 11.20 Transfer between courts

CHAPTER 12--Court events--Registrar managed

PART 12.1----APPLICATION OF CHAPTER 12

  • 12.01 Application of Chapter 12

PART 12.2----SPECIFIC COURT EVENTS

  • 12.02 Property case--exchange of documents before first court date
  • 12.03 Case assessment conference
  • 12.04 Initial procedural hearing in a parenting case
  • 12.05 Property case--exchange of documents before conciliation conference
  • 12.06 Financial questionnaire and balance sheet
  • 12.07 Conduct of a conciliation conference
  • 12.08 Procedural hearing in a financial case
  • 12.09 Procedural hearing after the Child Responsive Program
  • 12.10 Procedural hearing where the application includes both a financial case and a parenting case
  • 12.10A Expedition

PART 12.4----ATTENDANCE AT COURT EVENTS

  • 12.11 Party's attendance
  • 12.12 Attendance by electronic communication
  • 12.13 Failure to attend court events

PART 12.5----ADJOURNMENT AND POSTPONEMENT OF COURT EVENTS

  • 12.14 Administrative postponement of conferences or procedural hearings

CHAPTER 13--Disclosure

PART 13.1----DISCLOSURE BETWEEN PARTIES

Division 13.1.1--General duty of disclosure

  • 13.01 General duty of disclosure

Division 13.1.2--Duty of disclosure--financial cases

PART 13.2----DUTY OF DISCLOSURE--DOCUMENTS

Division 13.2.1--Disclosure of documents--all cases

  • 13.07 Duty of disclosure--documents
  • 13.07A Use of documents
  • 13.08 Inspection of documents
  • 13.09 Production of original documents
  • 13.10 Disclosure by inspection of documents
  • 13.11 Costs for inspection
  • 13.12 Documents that need not be produced
  • 13.13 Objection to production
  • 13.14 Consequence of non-disclosure
  • 13.15 Undertaking by party
  • 13.16 Time for filing undertaking

Division 13.2.2--Disclosure of documents--certain applications

  • 13.17 Application of Division 13.2.2
  • 13.18 Party may seek order about disclosure

Division 13.2.3--Disclosure of documents--Initiating Applications (Family Law)

  • 13.19 Application of Division 13.2.3
  • 13.20 Disclosure by service of a list of documents
  • 13.21 Disclosure by inspection of documents
  • 13.22 Application for order for disclosure
  • 13.23 Costs of compliance
  • 13.24 Electronic disclosure

PART 13.3----ANSWERS TO SPECIFIC QUESTIONS

  • 13.25 Application of Part 13.3
  • 13.26 Service of specific questions
  • 13.27 Answering specific questions
  • 13.28 Orders in relation to specific questions

PART 13.4----INFORMATION FROM NON-PARTIES

Division 13.4.1--Employment information

  • 13.29 Purpose of Division 13.4.1
  • 13.30 Employment information

CHAPTER 14--Property orders

  • 14.01 Orders about property
  • 14.02 Service of application
  • 14.03 Inspection
  • 14.04 Application for Anton Piller order
  • 14.05 Application for Mareva order
  • 14.06 Notice to superannuation trustee
  • 14.07 Notice about intervention under Part VIII or VIIIAB of Act

CHAPTER 15--Evidence

PART 15.1----CHILDREN

  • 15.02 Restriction on child's evidence
  • 15.04 Family reports

PART 15.2----AFFIDAVITS

  • 15.05 No general right to file affidavits
  • 15.06 Reliance on affidavits
  • 15.08 Requirements for affidavits
  • 15.09 Making an affidavit
  • 15.10 Affidavit of illiterate or blind person etc
  • 15.13 Striking out objectionable material
  • 15.14 Notice to attend for cross-examination
  • 15.15 Deponent's attendance and expenses

PART 15.3----SUBPOENAS

Division 15.3.1--General

  • 15.16 Interpretation
  • 15.17 Issuing a subpoena
  • 15.18 Subpoena not to issue in certain circumstances
  • 15.20 Amendment of subpoena
  • 15.21 Subpoenas to produce documents
  • 15.22 Service
  • 15.23 Conduct money and witness fees
  • 15.24 When compliance is not required
  • 15.25 Discharge of subpoena obligation
  • 15.26 Objection to subpoena

Division 15.3.2--Production of documents and access by parties

  • 15.27 Application of Division 15.3.2
  • 15.29 Compliance with subpoena
  • 15.30 Right to inspect and copy documents
  • 15.31 Objections relating to production of documents
  • 15.32 Court permission to inspect documents
  • 15.34 Production of document from another court
  • 15.35 Return of documents produced

Division 15.3.3--Non-compliance with subpoena

  • 15.36 Non-compliance with subpoena

PART 15.4----ASSESSORS

  • 15.37 Application of Part 15.4
  • 15.38 Appointing an assessor
  • 15.39 Assessor's report
  • 15.40 Remuneration of assessor

PART 15.5----EXPERT EVIDENCE

Division 15.5.1--General

Division 15.5.2--Single expert witness

  • 15.44 Appointment of single expert witness by parties
  • 15.45 Order for single expert witness
  • 15.46 Orders the court may make
  • 15.47 Single expert witness's fees and expenses
  • 15.48 Single expert witness's report
  • 15.49 Appointing another expert witness
  • 15.50 Cross-examination of single expert witness

Division 15.5.3--Permission for expert's evidence

  • 15.51 Permission for expert's reports and evidence
  • 15.52 Application for permission for expert witness

Division 15.5.4--Instructions and disclosure of expert's report

  • 15.53 Application of Division 15.5.4
  • 15.54 Instructions to expert witness
  • 15.55 Mandatory disclosure of expert's report
  • 15.56 Provision of information about fees
  • 15.57 Application for provision of information
  • 15.58 Failure to disclose report

Division 15.5.5--Expert witness's duties and rights

  • 15.59 Expert witness's duty to the court
  • 15.60 Expert witness's right to seek orders
  • 15.61 Expert witness's evidence in chief
  • 15.62 Form of expert's report
  • 15.63 Contents of expert's report
  • 15.64 Consequences of non-compliance

Division 15.5.6--Clarification of single expert witness reports

  • 15.64A Purpose
  • 15.64B Conference
  • 15.65 Questions to single expert witness
  • 15.66 Single expert witness's answers
  • 15.67 Single expert witness's costs
  • 15.67A Application for directions

Division 15.5.7--Evidence from 2 or more expert witnesses

  • 15.68 Application of Division 15.5.7
  • 15.69 Conference of expert witnesses
  • 15.70 Conduct of trial with expert witnesses

PART 15.6----OTHER MATTERS ABOUT EVIDENCE

  • 15.71 Court may call evidence
  • 15.72 Order for examination of witness
  • 15.73 Letters of request
  • 15.74 Hearsay evidence--notice under section 67 of the Evidence Act 1995
  • 15.75 Transcript receivable in evidence
  • 15.76 Notice to produce
  • 15.77 Parenting questionnaire

CHAPTER 16--Court events--Judge managed

PART 16.1----PRELIMINARY

  • 16.01 Application
  • 16.02 Compliance check
  • 16.03 Vacating dates that are Judge managed

PART 16.2----PROCEEDINGS BEFORE THE JUDGE--GENERAL

  • 16.04 Trial management
  • 16.05 Attendance, submissions and evidence by electronic communication
  • 16.06 Foreign evidence by electronic communication
  • 16.07 Parties' participation

PART 16.3----PROCEEDINGS BEFORE THE JUDGE--PARENTING AND FINANCIAL CASES

  • 16.08 Trial management hearing
  • 16.09 Further days before the Judge
  • 16.10 The trial

CHAPTER 16A--Division 12A of Part VII of the Act

PART 16A.1----CONSENT FOR DIVISION 12A OF PART VII OF THE ACT TO APPLY TO A CASE

  • 16A.01 Definition
  • 16A.02 Application of Part 16A.1
  • 16A.03 Consent for Division 12A of Part VII of the Act to apply
  • 16A.04 Application for Division 12A of Part VII of the Act to apply for case commenced by application before 1 July 2006

PART 16A.2----TRIALS OF CERTAIN CASES TO WHICH DIVISION 12A OF PART VII OF THE ACT APPLIES

CHAPTER 17--Orders and undertakings

PART 17.1----ORDERS

  • 17.01 When an order is made
  • 17.01A When must an order be entered
  • 17.01B Entry of orders
  • 17.02 Varying or setting aside orders
  • 17.02A Varying or setting aside reasons for judgment
  • 17.03 Rate of interest
  • 17.04 Order for payment of money
  • 17.05 Order for payment of fine

PART 17.2----UNDERTAKINGS

CHAPTER 18--Powers of Judicial Registrars, Registrars and Deputy Registrars

PART 18.1----DELEGATION OF POWERS TO JUDICIAL REGISTRARS AND REGISTRARS

Division 18.1.1--General

Division 18.1.2--Delegation to Judicial Registrars

  • 18.02 Delegation of powers to Judicial Registrars
  • 18.03 Property value exceeding limit--power to determine case

Division 18.1.3--Delegation of powers to Registrars and Deputy Registrars

  • 18.04 Application of Division 18.1.3
  • 18.05 Registrars
  • 18.06 Deputy Registrars

PART 18.2----REVIEW OF DECISIONS

  • 18.07 Application of Part 18.2
  • 18.08 Review of order or decision
  • 18.09 Stay
  • 18.10 Power of court on review

CHAPTER 19--Party

PART 19.1----GENERAL

  • 19.01 Application of Chapter 19
  • 19.02 Interest on outstanding costs

PART 19.2----OBLIGATIONS OF A LAWYER ABOUT COSTS

  • 19.03 Duty to inform about costs
  • 19.04 Notification of costs

PART 19.3----SECURITY FOR COSTS

  • 19.05 Application for security for costs
  • 19.06 Order for security for costs
  • 19.07 Finalising security

PART 19.4----COSTS ORDERS

  • 19.08 Order for costs
  • 19.09 Costs order for cases in other courts
  • 19.10 Costs orders against lawyers
  • 19.11 Notice of costs order

PART 19.5----CALCULATION OF COSTS

  • 19.18 Method of calculation of costs
  • 19.19 Maximum amount of party/party costs recoverable

PART 19.6----CLAIMING AND DISPUTING COSTS

Division 19.6.1--Itemised costs account

  • 19.20 Request for itemised costs account
  • 19.21 Service of lawyer's itemised costs account
  • 19.22 Lawyer's itemised costs account
  • 19.23 Disputing itemised costs account
  • 19.24 Assessment of disputed costs
  • 19.25 Amendment of itemised costs account and Notice Disputing Itemised Costs Account

Division 19.6.2--Assessment process

  • 19.26 Fixing date for first court event
  • 19.27 Notification of hearing
  • 19.28 Settlement conference
  • 19.29 Preliminary assessment
  • 19.30 Objection to preliminary assessment amount
  • 19.31 If no objection to preliminary assessment
  • 19.32 Assessment hearing
  • 19.33 Powers of Registrars
  • 19.34 Assessment principles
  • 19.35 Allowance for matters not specified
  • 19.36 Neglect or delay before Registrar
  • 19.37 Costs assessment order--costs account not disputed
  • 19.38 Setting aside a costs assessment order

PART 19.7----SPECIFIC COSTS MATTERS

  • 19.40 Costs in court of summary jurisdiction
  • 19.41 Charge for each page
  • 19.42 Proportion of costs
  • 19.43 Costs for reading
  • 19.44 Postage within Australia
  • 19.45 Waiting and travelling time
  • 19.46 Agent's fees
  • 19.49 Costs of cases not started together
  • 19.50 Certificate as to counsel
  • 19.51 Lawyer as counsel--party and party costs
  • 19.52 Lawyer as counsel--assessment of fees

PART 19.8----REVIEW OF ASSESSMENT

  • 19.54 Application for review
  • 19.55 Time for filing an application for review
  • 19.56 Hearing of application

CHAPTER 20--Enforcement of financial orders and obligations

PART 20.1----GENERAL

  • 20.01 Enforceable obligations
  • 20.02 When an agreement may be enforced
  • 20.03 When a child support liability may be enforced
  • 20.04 Who may enforce an obligation
  • 20.05 Enforcing an obligation to pay money
  • 20.06 Affidavit to be filed for enforcement order
  • 20.07 General enforcement powers of court
  • 20.08 Enforcement order
  • 20.09 Discharging, suspending or varying enforcement order

PART 20.2----INFORMATION FOR AIDING ENFORCEMENT

Division 20.2.1--Processes for aiding enforcement

  • 20.10 Processes for obtaining financial information

Division 20.2.2--Enforcement hearings

  • 20.11 Enforcement hearing
  • 20.12 Obligations of payer
  • 20.13 Subpoena of witness
  • 20.14 Failure concerning Financial Statement or enforcement hearing

PART 20.3----ENFORCEMENT WARRANTS

Division 20.3.1--General

  • 20.15 Definitions
  • 20.16 Request for Enforcement Warrant
  • 20.17 Period during which Enforcement Warrant is in force
  • 20.18 Enforcement officer's responsibilities
  • 20.19 Directions for enforcement
  • 20.20 Effect of Enforcement Warrant
  • 20.21 Advertising before sale
  • 20.21A Sale of property at reasonable price
  • 20.21B Conditions of sale of property
  • 20.22 Result of sale of property under Enforcement Warrant
  • 20.23 Payee's responsibilities
  • 20.24 Orders for real property

Division 20.3.2--Claims by person affected by an Enforcement Warrant

  • 20.25 Notice of claim
  • 20.26 Payee to admit or dispute claim
  • 20.27 Admitting claim
  • 20.28 Denial or no response to claim
  • 20.29 Hearing of application

PART 20.4----THIRD PARTY DEBT NOTICE

  • 20.30 Application of Part 20.4
  • 20.31 Money deposited in a financial institution
  • 20.32 Request for Third Party Debt Notice
  • 20.33 Service of Third Party Debt Notice
  • 20.34 Effect of Third Party Debt Notice--general
  • 20.35 Employer's obligations
  • 20.36 Duration of Third Party Debt Notice
  • 20.37 Response to Third Party Debt Notice
  • 20.38 Discharge of Third Party Debt Notice
  • 20.39 Claim by affected person
  • 20.40 Cessation of employment
  • 20.41 Compliance with Third Party Debt Notice

PART 20.5----SEQUESTRATION OF PROPERTY

  • 20.42 Application for sequestration of property
  • 20.43 Order for sequestration
  • 20.44 Order relating to sequestration
  • 20.45 Procedural orders for sequestration

PART 20.6----RECEIVERSHIP

  • 20.46 Application for appointment of receiver
  • 20.47 Appointment and powers of receiver
  • 20.48 Security
  • 20.49 Accounts
  • 20.50 Objection to accounts
  • 20.51 Removal of receiver
  • 20.52 Compliance with orders and Rules

PART 20.7----ENFORCEMENT OF OBLIGATIONS OTHER THAN AN OBLIGATION TO PAY MONEY

  • 20.53 Application for other enforcement orders
  • 20.54 Warrant for possession of real property
  • 20.55 Warrant for delivery
  • 20.56 Warrant for seizure and detention of property

PART 20.8----OTHER PROVISIONS ABOUT ENFORCEMENT

  • 20.57 Service of order
  • 20.58 Certificate for payments under maintenance order
  • 20.59 Enforcement by or against a non-party
  • 20.60 Powers of enforcement officer

CHAPTER 21--Enforcement of parenting orders, contravention of orders and contempt

PART 21.1----APPLICATIONS FOR ENFORCEMENT OF ORDERS, CONTRAVENTION OF ORDERS AND CONTEMPT OF COURT

  • 21.01 Application of Part 21.1
  • 21.02 How to apply for an order
  • 21.03 Application made or continued by Marshal
  • 21.04 Contempt in the court room
  • 21.05 Fixing of hearing date
  • 21.06 Response to an application
  • 21.07 Failure of respondent to attend
  • 21.08 Procedure at hearing

PART 21.2----PARENTING ORDERS--COMPLIANCE

  • 21.09 Duties of program provider
  • 21.10 Relisting for hearing

PART 21.3----LOCATION AND RECOVERY ORDERS

  • 21.11 Application of Part 21.3
  • 21.12 Application for order under Part 21.3
  • 21.13 Fixing of hearing date
  • 21.14 Service of recovery order
  • 21.15 Application for directions for execution of recovery order

PART 21.4----WARRANTS FOR ARREST

  • 21.16 Application for warrant
  • 21.17 Execution of warrant
  • 21.18 Duration of warrant
  • 21.19 Procedure after arrest
  • 21.20 Application for release or setting aside warrant

CHAPTER 22--Appeals

PART 22.1----INTRODUCTION

  • 22.01 Application of Chapter 22

PART 22.2----STARTING AN APPEAL

  • 22.02 Starting an appeal
  • 22.03 Time for appeal
  • 22.04 Parties to an appeal
  • 22.05 Service
  • 22.06 Notice about appeal to other courts
  • 22.07 Cross-appeal
  • 22.08 Time for cross-appeal
  • 22.08A Notice of contention
  • 22.09 Amendment of Notice of Appeal
  • 22.10 Documents filed in a current appeal
  • 22.11 Stay
  • 22.12 Application for leave to appeal
  • 22.13 Filing draft index to appeal books

PART 22.3----APPEAL TO FULL COURT

  • 22.14 Application of Part 22.3
  • 22.15 Procedural hearing
  • 22.16 Attendance at first procedural hearing
  • 22.17 Orders to be made at procedural hearing
  • 22.18 Preparation of appeal books
  • 22.19 Contents of appeal books
  • 22.20 Form of appeal books
  • 22.21 Failure to file appeal books by due date
  • 22.22 Summary of argument and list of authorities

PART 22.4----APPEAL FROM FEDERAL CIRCUIT COURT OR A FAMILY LAW MAGISTRATE OF WESTERN AUSTRALIA HEARD BY SINGLE JUDGE

  • 22.23 Application of Part 22.4
  • 22.24 Procedural hearing
  • 22.25 Attendance at procedural hearing
  • 22.26 Procedural orders for conduct of appeal
  • 22.27 Documents for appeal hearing if appeal book not required

PART 22.5----APPEAL FROM COURT OF SUMMARY JURISDICTION OTHER THAN A FAMILY LAW MAGISTRATE OF WESTERN AUSTRALIA

  • 22.28 Application of Part 22.5
  • 22.29 Fixing of hearing date

PART 22.6----POWERS OF APPEAL COURTS AND CONDUCT OF APPEAL

  • 22.30 Non-attendance by party
  • 22.31 Attendance by electronic communication
  • 22.32 Attendance of party in prison
  • 22.34 Subpoenas

PART 22.7----APPLICATIONS IN RELATION TO APPEALS

Division 22.7.1--How to make an application

  • 22.35 Application of Part 22.7
  • 22.36 Application in relation to appeal
  • 22.37 Hearing date for application
  • 22.38 Decision without an oral hearing

Division 22.7.2--Specific applications relating to appeals

  • 22.39 Further evidence on appeal
  • 22.40 Review of Regional Appeal Registrar's order

PART 22.8----CONCLUDING AN APPEAL, AN APPLICATION FOR LEAVE TO APPEAL OR AN APPLICATION IN RELATION TO AN APPEAL

  • 22.41 Consent orders on appeal
  • 22.42 Discontinuance of appeal or application
  • 22.43 Abandoning an appeal
  • 22.44 Application for reinstatement of appeal
  • 22.45 Dismissal of appeal and applications for non-compliance or delay

PART 22.9----CASE STATED

  • 22.46 Application of Part 22.9
  • 22.47 Case stated
  • 22.48 Objection to draft case stated
  • 22.49 Settlement and signing
  • 22.50 Filing of copies of case stated
  • 22.51 Fixing of hearing date
  • 22.52 Summary of argument and list of authorities

PART 22.10----COSTS ORDERS

CHAPTER 23--Registration of documents

PART 23.1----REGISTRATION OF AGREEMENTS, ORDERS AND CHILD SUPPORT DEBTS

  • 23.01 Registration of agreements
  • 23.01A Registration of State child orders under section 70C or 70D of the Act
  • 23.01B Registration of de facto maintenance orders under section 90SI of the Act
  • 23.02 Registration of debt due to the Commonwealth under child support legislation

PART 23.2----PARENTING PLANS

  • 23.03 Requirements for registration of an agreement revoking a registered parenting plan
  • 23.04 Court may require service or additional information
  • 23.05 Application may be dealt with in chambers

CHAPTER 24--Documents, filing, registry

PART 24.1----REQUIREMENTS FOR DOCUMENTS

PART 24.2----FILING DOCUMENTS

  • 24.05 How a document is filed
  • 24.06 Filing a document by facsimile
  • 24.07 Filing by e-mail and Internet
  • 24.09 Documents filed during a case
  • 24.10 Rejection of documents
  • 24.11 Filing a notice of payment into court

PART 24.3----REGISTRY RECORDS

  • 24.12 Removal of document from registry
  • 24.13 Searching court record and copying documents
  • 24.14 Exhibits

CHAPTER 25--Applications under the Corporations Act 2001 and the Corporations

  • 25.01 Application of Chapter 25
  • 25.02 Application of Corporations Rules
  • 25.03 Modification of Corporations Rules
  • 25.04 Application under Corporations Act 2001 or Corporations (Aboriginal and Torres Strait Islander) Act 2006
  • 25.05 Transfer of cases under Corporations Act 2001 or Corporations (Aboriginal and Torres Strait Islander) Act 2006
  • 25.06 Fixing a date for hearing

CHAPTER 26--Cases to which the Bankruptcy Act 1966 applies

PART 26.1----INTRODUCTION

  • 26.01 Application of Chapter 26
  • 26.02 Expressions used in the Bankruptcy Act

PART 26.2----GENERAL

  • 26.04 Bankruptcy Application and Bankruptcy Application in a Case
  • 26.05 Leave to be heard
  • 26.06 Appearance at application or examination
  • 26.07 Opposition to Bankruptcy Application or a Bankruptcy Application in a Case

PART 26.3----EXAMINATIONS

Division 26.3.1--Interpretation

Division 26.3.2--Examination of relevant person

  • 26.09 Application for summons (Bankruptcy Act s 81)
  • 26.10 Hearing of application
  • 26.11 Requirements of summons
  • 26.12 Service of summons
  • 26.13 Failure to attend examination
  • 26.14 Application for discharge of summons

Division 26.3.3--Examination of examinable person

  • 26.15 Application for summons (Bankruptcy Act s 81)
  • 26.16 Hearing of application
  • 26.17 Requirements of summons
  • 26.18 Service of summons
  • 26.19 Application for discharge of summons
  • 26.20 Conduct money and witnesses expenses

PART 26.4----ANNULMENT OF BANKRUPTCY

  • 26.21 Application of Part 26.4
  • 26.22 Requirements of application
  • 26.23 Notice to creditors
  • 26.24 Procedural hearing--report by trustee
  • 26.25 Service of annulment order

PART 26.5----TRUSTEES

  • 26.26 Applications in relation to the appointment of a trustee
  • 26.27 Resignation or release of trustee (Bankruptcy Act ss 180 and 183)

PART 26.6----WARRANTS

  • 26.28 Arrest of bankrupt (Bankruptcy Act s 78)
  • 26.29 Apprehension of person failing to attend Court (Bankruptcy Act s 264B(1))

PART 26.7------COSTS

  • 26.30 Order for costs
  • 26.31 Application of Part 40 of Federal Court Rules 2011

CHAPTER 26A--Cases to which the Trans-Tasman Proceedings Act 2010 applies

  • 26A.01 Application of Division 34.4 of the Federal Court Rules 2011
  • 26A.02 Modification of the Federal Court Rules 2011
  • 26A.03 Service of subpoena

CHAPTER 26B--Arbitration

PART 26B.1----DISCLOSURE RELATING TO ARBITRATION

  • 26B.01 General duty of disclosure
  • 26B.02 Duty of disclosure--documents
  • 26B.03 Use of documents
  • 26B.04 Party may require production of documents
  • 26B.05 Documents that need not be produced
  • 26B.06 Objection to production
  • 26B.07 Disclosure by giving a list of documents
  • 26B.08 Disclosure by inspection of documents
  • 26B.09 Applications for orders relating to disclosure
  • 26B.10 Costs of compliance
  • 26B.11 Electronic disclosure

PART 26B.2----SUBPOENAS

Division 26B.2.1--General

  • 26B.12 Application of this Part
  • 26B.13 Interpretation
  • 26B.14 Issuing a subpoena
  • 26B.15 Subpoena not to issue in certain circumstances
  • 26B.16 Amendment of subpoena
  • 26B.17 Service
  • 26B.18 Conduct money and witness fees
  • 26B.19 When compliance is not required
  • 26B.20 Duration of subpoena
  • 26B.21 Objection to subpoena

Division 26B.2.2--Production of documents and access by parties

  • 26B.22 Application of Division 26B.2.2
  • 26B.23 Compliance with subpoena
  • 26B.24 Right to inspect and copy documents
  • 26B.25 Objections relating to production of documents
  • 26B.26 Court permission to inspect documents
  • 26B.27 Production of document from a court
  • 26B.28 Return or destruction of documents produced

Division 26B.2.3--Non-compliance with subpoena

  • 26B.29 Non-compliance with subpoena

PART 26B.3----OTHER RULES RELATING TO ARBITRATION

  • 26B.30 Referral of question of law by an arbitrator
  • 26B.31 Referral of other matters to the court by the arbitrator
  • 26B.32 Informing the court about awards made in arbitration
  • 26B.33 Registration of awards made in arbitration
  • 26B.34 Response to applications in relation to arbitration
  • 26B.35 Arbitrator to notify court when certain arbitrations end

CHAPTER 27--Transitional provisions

PART 27.1----TRANSITIONAL PROVISIONS RELATING TO THE FAMILY LAW AMENDMENT (COSTS) RULES 2018

  • 27.01 Application of Schedule 3 (itemised scale of costs)

PART 27.2----TRANSITIONAL PROVISIONS RELATING TO THE FAMILY LAW AMENDMENT (INSOLVENCY LAW REFORM) RULES 2017

  • 27.03 Transitional--release of trustee

PART 27.3----TRANSITIONAL PROVISIONS RELATING TO THE FAMILY LAW AMENDMENT (2018 MEASURES NO. 1) RULES 2018

  • 27.04 Application--submitting notices
  • 27.05 Application--notices of contention
  • 27.06 Application--documents to be used in conjunction with an affidavit
  • 27.07 Application--compliance with subpoena
  • 27.08 Application--undertakings

PART 27.4----TRANSITIONAL PROVISIONS RELATING TO THE FAMILY LAW AMENDMENT (NOTICE OF CHILD ABUSE, FAMILY VIOLENCE OR RISK) RULES 2020

  • 27.09 Definitions
  • 27.10 Application--documents to be filed with applications
  • 27.11 Application--amendment of Notice of Child Abuse, Family Violence or Risk
  • 27.12 Application--prescribed form

PART 27.5----TRANSITIONAL PROVISIONS RELATING TO THE FAMILY LAW AMENDMENT (POWERS DELEGATED TO REGISTRARS) RULES 2020

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