FAMILY LAW RULES (AMENDMENT) 1990 NO. 74 

FAMILY LAW RULES (AMENDMENT) 1990 NO. 74 
- TABLE OF PROVISIONS

1. Commencement  
2.  
3.  
4.  
5. Schedule 1  


1990 No. 74 FAMILY LAW RULES (AMENDMENT) - RULE 1
Commencement


  1. These Rules commence on 19 March 1990.


1990 No. 74 FAMILY LAW RULES (AMENDMENT) - RULE 2


  2. After rule 3 of Order 32 of the Family Law Rules the following rule is
inserted:
Custody appeals-separate representatives
  "3A. (1) Where under an order under section 65 of the Act a child was
separately represented in proceedings, a notice of appeal shall be served on
the separate representative of the child.
  "(2) The separate representative of the child may appear on the hearing of
the appeal or may make a submission in writing.".


1990 No. 74 FAMILY LAW RULES (AMENDMENT) - RULE 3


  3. Rule 16A of Order 32 of the Family Law Rules is repealed and the
following rule substituted:
Further evidence on appeal
  "16A. (1) This rule applies to any application to the court to receive
evidence on the hearing of an appeal additional to evidence in the court
below.
  "(2) The provisions of this rule apply unless the court otherwise directs.
  "(3) The application shall be made in accordance with Form 42A subject to
such alterations as are necessary.
  "(4) The application shall be filed in the appeal registry.
  "(5) The grounds for the application shall be stated in an affidavit filed
with the application.
  "(6) Any evidence necessary to establish the grounds for the application and
any other evidence which the applicant wants the court to receive shall be
given by affidavit.
  "(7) The applicant shall file the application and any related affidavit not
later than 4 days before the hearing of the appeal.
  "(8) The evidence of any other party to the appeal shall be given by
affidavit filed not later than 24 hours before the hearing of the appeal.
  "(9) A party to the appeal shall, within the time allowed for that party to
file an application or affidavit under this rule:
  (a) lodge as many copies of the application or affidavit as the appeal
registrar directs; and
  (b) serve 3 copies of the application or affidavit on each other party to
the appeal.".


1990 No. 74 FAMILY LAW RULES (AMENDMENT) - RULE 4


  4. After rule 19 of Order 32 of the Family Law Rules the following rule is
inserted:
Discontinuance of appeal
  "19A. (1) An appellant or cross-appellant may at any time file and serve a
notice of discontinuance of an appeal in accordance with Form 15A and upon the
notice being filed the appeal shall be abandoned.
  "(2) The notice filed by an appellant or cross-appellant under subrule (1)
does not affect any other appellant in the appeal.
  "(3) A party filing a notice under subrule (1) shall pay the costs of the
other party or parties occasioned by his or her appeal.
  "(4) A party whose costs are payable under subrule (3) may tax the costs in
accordance with Order 38.".


1990 No. 74 FAMILY LAW RULES (AMENDMENT) - RULE 5
Schedule 1


  5. Schedule 1 to the Family Law Rules is amended by omitting from the
heading to Form 21 "(Short title)".


- NOTES


1990 No. 74*1* FAMILY LAW RULES*2* (AMENDMENT)



*1* Notified in the Commonwealth of Australia Gazette on 16 March 1990.
*2* Statutory Rules 1984 No. 425 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 20 and see also Statutory Rules 1990
No. 20.