Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 75

75. Section 123 of the Principal Act is repealed and the following sections
are substituted: Rules of Court

''123. (1) The Judges, or a majority of them, may make Rules of Court not
inconsistent with this Act, providing for or in relation to the practice and
procedure to be followed in the Family Court and any other courts exercising
jurisdiction under this Act, and for and in relation to all matters and things
incidental to any such practice and procedure, or necessary or convenient to
be prescribed for the conduct of any business in those courts and, in
particular-

   (a)  providing for and in relation to the attendance of witnesses;

   (b)  providing for and in relation to the manner of service of process of
        the Family Court or another court exercising jurisdiction under this
        Act, and for and in relation to dispensing with such service;

   (c)  providing for and in relation to the time and manner of institution of
        appeals in and to the Family Court;

   (d)  prescribing the duties of officers of the Family Court;

   (e)  making provision in relation to the exercise by officers of the Family
        Court of the powers conferred upon them by sub-section 37A (1) (other
        than in relation to the manner in which those powers are exercised by
        such officers) and in relation to the review by the Court pursuant to
        sub-section 37A (7) of exercises of those powers by such officers;

   (f)  prescribing the seals and stamps to be used in the Family Court and in
        any other court exercising jurisdiction under this Act;

   (g)  prescribing matters relating to the costs of proceedings (including
        solicitor and client costs and party and party costs) and the
        assessment or taxation of those costs;

   (h)  authorizing a court to refer to an officer of the court for
        investigation, report and recommendation claims or applications for or
        relating to any matters before the court;

   (j)  authorizing an officer making an investigation referred to in
        paragraph (h) to take evidence on oath or affirmation and to obtain
        and receive in evidence a report from a court counsellor or welfare
        officer, and enabling the summoning of witnesses before an officer
        making such an investigation for the purpose of giving evidence or
        producing books and documents;

   (k)  regulating the procedure of a court upon receiving a report of an
        officer who has made an investigation referred to in paragraph (h);

   (m)  providing for and in relation to the procedure of a court exercising
        its powers under section 108 to deal with a person for contempt of the
        court;

   (n)  providing for and in relation to the making of applications for
        dissolution of marriage jointly by both parties to the marriage;

   (o)  providing for and in relation to the appointment, by the
        Attorney-General, of a guardian ad litem for a party to
        proceedings under this Act;

   (p)  providing for and in relation to the enforcement and execution of the
        decrees of the Family Court and other courts exercising jurisdiction
        under this Act;

   (q)  providing for and in relation to-

        (i)    the forfeiture of recognizances entered into in pursuance of
               requirements made under this Act; and

        (ii)   the recovery of any money that may be due to the Commonwealth
               under such recognizances or from any person who has become a
               surety under this Act;

   (r)  providing for and in relation to the attachment of moneys payable by
        the Commonwealth, a State, a Territory or the Administration of a
        Territory, or by an authority of the Commonwealth, of a State or of a
        Territory (other than moneys as to which it is provided by any law of
        the Commonwealth, of a State or of a Territory that they are not
        liable to attachment);

   (s)  providing for and in relation to-

        (i)    the attendance, by parties to proceedings under this Act, at
               conferences conducted by court counsellors or welfare officers;
               and

        (ii)   the use by courts exercising jurisdiction under this Act, and
               by officers of such courts, for the purposes of such
               proceedings, of reports prepared by court counsellors or
               welfare officers in relation to conferences attended by parties
               to the proceedings pursuant to Rules of Court made under
               sub-paragraph (i), being reports relating to the future conduct
               of the proceedings;

   (t)  prescribing matters incidental to the matters specified in the
        preceding paragraphs; and

   (u)  prescribing penalties not exceeding $500 for offences against the
        Rules of Court.

''(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to Rules of Court made under this section as if references in those
sections of that Act to regulations were references to Rules of Court.

''(3) In this section, 'Judge' means-

   (a)  a Judge of the Family Court of Australia; or

   (b)  where the Governor-General has made an arrangement with the Governor
        of a State under section 112 in relation to the performance, by a
        Judge of the Family Court of that State, of functions under this
        section-that Judge.
Rules Advisory Committee

''124. (1) There shall be a Rules Advisory Committee consisting of such Judges
of the Family Court of Australia, such Judges of Family Courts of States and
such other persons as are appointed in accordance with this section.

''(2) The function of the Rules Advisory Committee is to provide to the Judges
referred to in section 123 such advice in relation to the making of Rules of
Court as is requested from time to time by those Judges.

''(3) Members of the Rules Advisory Committee shall be appointed by the
Governor-General on the nomination of the Attorney-General made by him after
consultation with the Chief Judge of the Family Court of Australia.

''(4) A Judge of a Family Court of a State shall not be appointed as a member
of the Rules Advisory Committee unless the Governor-General has made an
arrangement with the Governor of the State under section 112 in relation to
the performance, by that Judge, of functions as a member of the Rules Advisory
Committee.

''(5) The members of the Rules Advisory Committee shall be paid such
allowances in respect of expenses in connection with their duties as are
prescribed.

''(6) A member of the Rules Advisory Committee may resign his office by
writing signed by him and delivered to the Governor-General. Regulations

''125. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters that are required or permitted by this Act
to be prescribed or are necessary or convenient to be prescribed for carrying
out or giving effect to this Act and, in particular-

   (a)  providing for and in relation to the service overseas, pursuant to any
        convention between Australia and another country, of any documents in
        proceedings under this Act;

   (b)  providing for and in relation to the transcription of
        proceedings under this Act and the making available of copies of
        transcripts of those proceedings;

   (c)  prescribing court fees to be payable in respect of proceedings
        under this Act;

   (d)  exempting persons included in particular classes of persons from
        liability to pay court fees prescribed under paragraph (c);

   (e)  providing for the refund of court fees prescribed under paragraph (c)
        that have been paid in particular circumstances;

   (f)  providing for an officer of a court exercising jurisdiction under this
        Act, a prescribed authority of the Commonwealth, of a State or of a
        Territory or the person for the time being holding a prescribed office
        under a law of the Commonwealth, of a State or of a Territory, in his
        or its discretion, to institute and prosecute proceedings, on behalf
        of the person entitled to moneys payable under a maintenance order
        under Part VIII, for the purpose of enforcing payment of those moneys;
        and

   (g)  providing for and in relation to priority as between the execution of
        orders made under the regulations, or under the repealed Act, for the
        attachment of moneys payable by the Commonwealth, a State, a Territory
        or the Administration of a Territory, or by an authority of the
        Commonwealth, of a State or of a Territory (other than moneys as to
        which it is provided by any law of the Commonwealth, of a State or of
        a Territory that they are not liable to attachment) and the execution
        of orders made in accordance with the
        Maintenance Orders (Commonwealth Officers) Act 1966.

''(2) Court fees payable in pursuance of regulations made under this section
in respect of proceedings in a Family Court of a State are payable to the
State.''.