FAMILY LAW RULES (AMENDMENT) 1994 NO. 61

FAMILY LAW RULES (AMENDMENT) 1994 NO. 61

STATUTORY RULES 1994 No. 61

Issued by the authority of the Judges of Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family court and other courts exercising jurisdiction under the Family Law Act.

Section 123 (2) of the Family Law Act provides that sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if references in those sections to regulations were references to Rules of Court.

The present Family Law Rules care into operation on 2 January 1985. They have been regularly reviewed since that date.

DETAILS OF THE PROVISIONS

Rule 1 provides the commencement date.

Rule 2 amends Order 34 rule 7 by enabling a member of the Australian Federal Police or a member of a police force of a state or Territory (in addition to the Marshal or an officer of the Attorney-General's Department) the discretion to make an application to the court by filing a Form 48 or a Form 49, that any person alleged to have committed an offence, or failed to comply, or contravened an order under the Act, Regulations or rules of a kind referred to In Order 34 rule 6, be dealt with for that offence or failure to comply. The provision also applies to any person who has tailed to comply with any other order made by the Court or with a condition of a recognizance. Paragraph 7(2)(b) states that if an application is made at the direction of a Family Court it must be made by the Marshal.