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
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
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
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
- 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
- 27.13 Application--powers delegated to Registrars