Family Law Amendment Rules 2006 (No. 1)1
Select Legislative Instrument 2006 No. 177
We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.
Dated 26 June 2006
J FAULKS – ACTING CHIEF JUSTICE
M FINN
N J BUCKLEY
I COLEMAN
MICHELLE MAY
JENNIFER BOLAND
K A MURRAY
JAMES BARRY
G R MULLANE
B JORDAN J
N MUSHIN
C E DAWE
ROD BURR
LLOYD WADDY
M WATT
D COLLIER
S STRICKLAND
A R MONTEITH
J P H STEVENSON
M F LE POER TRENCH
PETER YOUNG
DONNA O’REILLY
G WATTS
R BENJAMIN
Judges of the Family Court
of Australia
A. M. FILIPPELLO
Principal Registrar
Family Court of Australia
MICHAEL H HOLDEN
C E MARTIN
J PENNY
S THACKRAY
Judges of the Family Court
of Western Australia
DAVID MONAGHAN
Principal Registrar
Family Court of Western Australia
1 Name of Rules
These Rules are the Family Law Amendment Rules 2006 (No. 1).
2 Commencement
These Rules commence as follows:
(a) on 1 July 2006 — rules 1 to 3 and Schedule 1;
(b) on the commencement of Schedules 1 and 2 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 — Schedule 2;
(c) on the commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law) Act 2006 — Schedule 3.
3 Amendment of Family Law Rules 2004
(1) Schedule 1 amends the Family Law Rules 2004.
(2) Schedule 2 amends the Family Law Rules 2004 as amended by Schedule 1.
(3) Schedule 3 amends the Family Law Rules 2004 as amended by Schedules 1 and 2.
Schedule 1 Amendments commencing on 1 July 2006
(rule 3)
[1] Rule 5.09, heading
substitute
5.09 Affidavits
[2] Rule 5.09, notes 2 and 3
substitute
Note 2 Rule 15.21 provides that a party must not, without the court’s permission, request the issue of more than 3 subpoenas for the hearing of an Application in a Case (Form 2). However, a child representative may request the issue of more than 3 subpoenas (see subrule 15.21 (2)).
[3] Before rule 6.08
insert in Part 6.3
6.08A Interpretation
In this Part:
a manager of the affairs of a party includes a person who has been appointed, in respect of the party, a trustee or guardian under a Commonwealth, State or Territory law.
[4] Rule 6.10
omit
A person may apply
insert
(1) A person may apply
[5] Rule 6.10, after note 2
insert
(2) A person who is a manager of the affairs of a party is taken to be appointed as the case guardian of the party if the person has filed:
(a) a notice of address for service; and
(b) an affidavit which:
(i) provides evidence that the person has been appointed manager of the affairs of the party; and
(ii) states that the person consents to being appointed as the case guardian of the party.
[6] Rule 6.11
substitute
6.11 Attorney‑General may nominate case guardian
(1) If in the opinion of the court a suitable person is not available for appointment as a case guardian of a person with a disability, the court may request that the Attorney‑General nominate, in writing, a person to be a case guardian.
(2) A person nominated by the Attorney‑General to be a case guardian of a person with a disability is taken to be appointed as such if the person files:
(a) a consent to act in relation to the person with a disability;
(b) a copy of the written nomination of the person as a case guardian; and
(c) a Notice of Address for Service (Form 8).
Note A consent to act must comply with subrule 24.01 (1).
[7] Rule 6.16, note
omit
Bankruptcy Act:
insert
Act:
[8] Chapter 7, summary
substitute
Summary of Chapter 7
Chapter 7 sets out the rules for serving documents and proving service. The rules in this chapter apply only to the service of documents in Australia and non‑convention countries. The Regulations deal with service in countries that are party to certain conventions. If there is an inconsistency between the Regulations and these Rules, the Regulations prevail (see subsection 125 (3) of the Act).
When a court determines a case, the judicial officer must be satisfied that all the documents filed that are to be relied on in the case have been served or otherwise brought to the attention of the other parties to the case.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[9] Before rule 7.01
insert in Part 7.1
7.01A Application
This Chapter does not apply to service of a document in a foreign country that is a party to a convention to which Australia is also a party regarding legal proceedings in civil and commercial matters.
Note Regulation 12 of the Regulations deals with service of documents in convention countries.
[10] Subrules 7.07 (1) and (2)
substitute
(1) A document may be served on a person in Australia by sending a copy of it to the person’s last known address by post.
(2) A document may be served on a person in Australia by sending it to the person by electronic communication.
[11] Paragraphs 7.17 (c) to (f)
substitute
(c) if served by delivery to a document exchange — on the next working day after the day when it was delivered; or
(d) on a date fixed by the court.
[12] Rule 7.19
substitute
7.19 Service in non‑convention country
(1) A person may serve a document on a person in a non‑convention country:
(a) in accordance with the law of the non‑convention country; or
(b) if the non‑convention country permits service of judicial documents through the diplomatic channel — through the diplomatic channel.
(2) A person seeking to serve a document in a non‑convention country through the diplomatic channel must:
(a) request the Registry Manager, in writing, to arrange service of the document under this Part; and
(b) lodge 2 copies of each document to be served, translated, if necessary, into an official language of that country.
(3) If the Registry Manager receives a request under subrule (2), the Registry Manager must:
(a) seal the documents to be served; and
(b) send to the Secretary of the Department of Foreign Affairs and Trade:
(i) the sealed documents; and
(ii) a written request that the documents be sent to the government of the non‑convention country for service.
[13] Rule 9.04, heading
substitute
9.04 Applicant reply to Form 1A (Form 1B)
[14] After rule 9.04
insert
9.04A Additional party reply to Form 1A (Form 1B)
(1) This rule applies if, in a Response to an Application for Final Orders (Form 1A), a respondent seeks orders against a person other than the applicant (an additional party).
(2) An additional party who seeks to oppose the orders sought in the Form 1A, or who seeks different orders, must file a Reply (Form 1B).
[15] Subrule 11.08 (2), note
omit
[16] Subrule 11.08 (3), note
omit
[17] Chapter 12, summary
substitute
Summary of Chapter 12
Chapter 12 sets out rules about the events that parties to an Application for Final Orders (Form 1) may be required to attend during the course of the case. These include a case assessment conference, a procedural hearing, counselling and mediation, a conciliation conference, a pre‑trial conference and a trial. Chapter 16A sets out rules which apply to certain trials to which Division 12A of Part VII of the Act applies.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[18] Before rule 12.07
insert in Part 12.3
12.07A Application
This Part does not apply to a case to which Chapter 16A applies.
[19] Chapter 15, summary
substitute
Summary of Chapter 15
Chapter 15 sets out rules about evidence generally and in relation to children, affidavits, subpoenas, assessors and expert witnesses. Evidence adduced at a hearing or trial must be admissible in accordance with the provisions of the Act, the Evidence Act 1995 and these Rules. Note, though, that, subject to sections 4 and 5 of the Evidence Act 1995, that Act does not apply to the Family Court of Western Australia or any other court of a State.
A person may be prosecuted for knowingly making a false statement in evidence (see section 35 of the Crimes Act 1914).
Sections 69ZT to 69ZX of the Act apply to a case to which Division 12A of Part VII of the Act applies.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[20] Rule 15.12
substitute
15.12 Documents attached
(1) A document to be used in conjunction with an affidavit must:
(a) subject to subrules (2) and (5), be attached to the affidavit;
(b) have its pages consecutively numbered beginning on the first page of the document with:
(i) if the document is the first or only document used in conjunction with the affidavit — the numeral ‘1’; or
(ii) if the document is not the first document used in conjunction with the affidavit — the numeral following the numeral appearing on the last page of the preceding document; and
(c) bear a statement, signed by the witness before whom the affidavit is made, identifying it as the document used in conjunction with the affidavit.
(2) A document to be used in conjunction with an affidavit must not be attached to the affidavit if:
(a) the document is more than 2.5 cm in thickness; or
(b) if the document is not more than 2.5 cm in thickness — the document and the affidavit, including any other documents to be used in conjunction with the affidavit, when combined are more than 2.5 cm in thickness.
(3) If a document to be used in conjunction with an affidavit must not be attached to the affidavit because of subrule (2), the document must be filed:
(a) if the document is not more than 2.5 cm in thickness — in a separate volume; or
(b) if the document is more than 2.5 cm in thickness — in as many separately indexed volumes, each not more than 2.5cm in thickness, as are required to contain the document.
(4) An index of contents must be included at the beginning of:
(a) if more than 1 document is attached to an affidavit in accordance with paragraph (1) (a) — the documents attached to the affidavit; or
(b) if more than 1 volume is filed in accordance with paragraph (3) (b) — each volume.
(5) If a document to be used in conjunction with an affidavit is unable to be attached to the affidavit, the document must be identified in the affidavit and filed.
(6) Paragraph (1) (c) does not apply to an attachment to an Affidavit of Service (Form 7).
[21] Rule 15.13, notes 1 and 2
omit
[22] Subrule 15.29 (2), note
omit
[23] Rule 15.74, notes 1 and 2
omit
[24] Chapter 16, summary
substitute
Summary of Chapter 16
Chapter 16 sets out how to prepare for and conduct a trial other than a trial to which Chapter 16A applies.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[25] Paragraph 16.08 (3) (g)
omit
objection.
insert
objection;
[26] After paragraph 16.08 (3) (g)
insert
(h) if the application relates to evidence to be adduced from a witness in a foreign country — the matters required to be addressed under rule 16.09;
(i) if the application relates to making a submission, giving evidence or adducing evidence from New Zealand — the facilities that enable evidence to be given or a submission to be made, as required by Part 4 of the Evidence and Procedure (New Zealand) Act 1994.
Note Part 4 of the Evidence and Procedure (New Zealand) Act 1994 (the EP Act) applies to proceedings in a federal court, or a court specified in regulations made under the EP Act, in which a direction is made for the use of video link or telephone to take evidence or make a submission from New Zealand.
Subsection 25 (2) of the EP Act sets out the matters of which a court must be satisfied before it may make a direction under subsection 25 (1) of that Act. The EP Act also provides that evidence is not to be given, or a submission made, from New Zealand unless the place where the court is sitting and the place where the evidence is to be given or a submission made are equipped with facilities enabling the persons at each place to see and hear each other in the case of video link (see section 26), or to hear each other in the case of a telephone conference (see section 27).
[27] After subrule 16.08 (5)
insert
(6) For paragraph 16.08 (3) (h):
foreign country has the meaning given by subrule 16.09 (2).
[28] Subrule 16.09 (1)
omit
telephone or video conference or other
[29] Subrule 16.09 (2), note 1
omit
video link.
insert
electronic communication.
[30] After Chapter 16
insert
Chapter 16A Division 12A of Part VII of the Act
Summary of Chapter 16A
Chapter 16A sets out the requirements for consent to the application of Division 12A of Part VII of the Act to a case and the additional procedures for certain trials to which Division 12A of Part VII of the Act applies.
Division 12A of Part VII of the Act applies to proceedings:
· that come wholly or partly under Part VII of the Act, or any other proceedings which involve the court’s jurisdiction under the Act if the parties in those proceedings consent to Division 12A applying to those proceedings; and
· that were commenced by application:
(a) on or after 1 July 2006; or
(b) before 1 July 2006 if the parties to the proceedings consent, and the court grants permission (the court’s permission may be sought in accordance with rule 12.04 of these Rules).
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
If a rule in another Chapter (other than Chapter 1) conflicts with a rule in this Chapter, the rule in this Chapter applies.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
Part 16A.1 Consent for Division 12A of Part VII of the Act to apply to a case
16A.01 Definition
In this Part:
the prescribed form means a form authorised by the Principal Registrar for the purposes of a party in a case giving consent to the application of Division 12A of Part VII of the Act to the case.
16A.02 Application of Part 16A.1
This Part applies if the consent of the parties to a case is necessary before Division 12A of Part VII of the Act can apply to the case.
16A.03 Consent for Division 12A of Part VII of the Act to apply
If a party to a case seeks to consent to the application of Division 12A of Part VII of the Act to the case, or part of the case, the party must:
(a) give consent in accordance with the prescribed form; and
(b) file a copy of the form.
16A.04 Application for Division 12A of Part VII of the Act to apply for case commenced by application before 1 July 2006
For the purposes of seeking the leave of the court for Division 12A of Part VII of the Act to apply to a case commenced by an application filed before 1 July 2006, an application for permission may be made to the court at a procedural hearing in accordance with rule 12.04.
Part 16A.2 Trials of certain cases to which Division 12A of Part VII of the Act applies
16A.05 Definitions
In this Part:
trial Judge means the Judge to whom a trial, in a case to which Division 12A of Part VII of the Act applies, is allocated.
trial Judicial Registrar means the Judicial Registrar to whom a trial, in a case to which Division 12A of Part VII of the Act applies, is allocated.
16A.06 Application
(1) Subject to subrules (2) and (3), this Part applies to the trial of a case:
(a) that is pending in the Family Court; and
(b) to which Division 12A of Part VII of the Act applies.
(2) This Part does not apply to the trial of a case which involves 1 or more of the following applications only:
(a) a Medical Procedure Application referred to in Division 4.2.3 of these Rules;
(b) a Maintenance Application referred to in Division 4.2.4 of these Rules;
(c) a child support application referred to in Division 4.2.5 of these Rules;
(d) an application relating to a passport referred to in Division 4.2.7 of these Rules.
(3) This Part does not apply to the trial of a case conducted under the Children’s Cases Program described in the following Practice Directions:
(a) No. 2 of 2005;
(b) No. 3 of 2005.
(4) To the extent to which a rule in this Part applies to the trial of a case mentioned in subrule (1), and does not conflict with a rule in Chapter 1, the rule in this Part applies to the case and overrides all other provisions in these Rules.
16A.07 Questionnaire
(1) In a case to which this Part applies, each party to the case must file a completed questionnaire.
(2) A questionnaire mentioned in subrule (1) must be:
(a) in the form approved by the Principal Registrar; and
(b) filed 28 days before the commencement of the trial of the case.
16A.08 Subpoenas etc
(1) This rule applies in a case that has had a trial date fixed.
(2) A party in a case must not do any of the following unless the court has granted permission to the party to do so:
(a) issue a subpoena in the case;
(b) file or serve an application or affidavit in the case.
(3) A request for the court’s permission mentioned in subrule (2):
(a) must be made:
(i) to the trial Judge or trial Judicial Registrar in the case if the trial Judge or trial Judicial Registrar is available; or
(ii) if the trial Judge or trial Judicial Registrar in the case is not available — to any other judicial officer;
(b) may be made orally or in writing;
(c) may be made without giving notice to any other parties in the case; and
(d) may be determined in chambers in the absence of the other parties to the case.
16A.09 Commencement of trial
A trial is taken to have commenced when it first comes before the trial Judge or trial Judicial Registrar for that trial.
16A.10 Parties to be sworn etc
(1) On the first day of a trial, all parties, and any mediator, must be administered an oath or affirmation.
(2) A person is bound by the oath or affirmation administered under subrule (1) until the conclusion of the trial.
[31] Rule 17.03
omit
10.25%
insert
10.75%
[32] Chapter 18, summary
substitute
Summary of Chapter 18
Chapter 18 sets out:
· the powers of the court that are delegated to Judicial Registrars, Registrars and Deputy Registrars of the Family Court of Australia; and
· the process for reviewing an order made by a Judicial Registrar or Registrar.
Note A power or function expressed by these Rules to be conferred on a Registrar may also be exercised in the Family Court by a Judge or a Judicial Registrar.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[33] Before rule 18.01
insert in Division 18.1.1
18.01A Definitions
In this Chapter:
Deputy Registrar means a Deputy Registrar of the Family Court of Australia.
Registrar means a Registrar of the Family Court of Australia.
[34] Subrule 19.18 (3)
omit
However, if there is a valid costs agreement
insert
However, for lawyer and client costs only, if there is a valid costs agreement
[35] Paragraph 20.23 (1) (a)
omit
mortgagor
insert
mortgagee
[36] Rule 21.01, note 2
substitute
Note 2 If a maintenance order is complied with before an Application for Contempt (Form 19) is heard by the court, the failure to comply with the order that led to the Form 19 being filed does not constitute a contempt of court (see subsection 112AP (1A) of the Act).
[37] Rule 21.02, table 21.1, items 2 and 3
substitute
2
Contravention of an order (of a kind included in the definition of an order under this Act affecting children under section 70NB of the Act) under Division 13A of Part VII of the Act affecting children, for example, a breach of a contact order
Application — Contravention (Form 18)
3
Contravention of an order (of a kind included in the definition of an order under this Act under section 112AA of the Act) under Part XIIIA of the Act not affecting children, for example, a breach of a property order
Application — Contravention (Form 18)
[38] Rule 22.03
substitute
22.03 Time for appeal
(1) Subject to subrule (2), a Form 20 must be filed within 28 days after the date the order appealed from was made.
Note 1 Rule 17.01 sets out when an order is made.
Note 2 A person may apply for an extension of time to appeal (see paragraphs 94 (2D) (a) and 94AAA (10) (a) of the Act, paragraphs 102 (8) (a) and 102A (9) (b) of the Assessment Act, paragraphs 107 (7) (a) and 107A (9) (b) of the Registration Act and Division 22.7.1 of these Rules).
(2) An appeal may only be lodged against an order made in, or arising out of, a trial to which Chapter 16A applies if the appeal is lodged within 28 days after the last order, other than a costs order, is made in the trial.
[39] Schedule 3
substitute
Schedule 3 Itemised scale of costs
(rule 19.18)
Note The amounts in this Schedule include GST.
Part 1 Fees for lawyer’s work done
Item
Matter for which charge is made
Charge
101
Drafting documents (other than letters)
$16.50 per 100 words
102
Producing documents in printed form (other than letters)
$5.65 per 100 words
103
Drafting and producing letters (including fax or e‑mail transmissions)
$18.90 per 100 words
104
Reading documents
$7.70 per 100 words
105
Scanning of documents (where reading is not necessary)
$3.05 per 100 words
106
For a document or letter mentioned in item 101, 102, 103, 104 or 105 containing more than 3 000 words
The amount allowed by the Registrar
107
Photocopy or other reproduction of a document
50 cents per page
108
Time reasonably spent by a lawyer on work requiring the skill of a lawyer (except work to which any other item in this Part applies)
$192.90 per hour
109
Time reasonably spent by a lawyer, or by a clerk of a lawyer, on work (except work to which any other item in this Part applies)
$125.10 per hour
Part 2 Fees for counsel’s work done
Item
Matter for which charge is made
Charge
Senior counsel
Charge
Junior counsel
201
Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))
$371–$636 per hour
$221.55–$315.90 per hour
202
Conferences (including court appointed conferences), if necessary
$371–$636 per hour
$221.55–$315.90 per hour
203
Short attendances (for example, procedural hearings, summary hearings taking less than 3 hours)
$371–$2 650
$198.20–$928.55
204
A hearing or trial taking at least 3 hours but not more than 1 day
$689–$5 300
$677.35–$1 565.60
205
Other hearings or trials
$1 749–$5 300 per day
$1 565.60–$2 301.25 per day
206
Reserved judgment
$371–$636 per hour
$221.55–$315.90 per hour
Part 3 Basic composite amount for undefended divorce
Item
Matter for which charge is made
Charge
301
If the lawyer employed another lawyer to attend at court for the applicant and there is a child of the marriage under 18 years old
$840.60
302
If the lawyer employed another lawyer to attend at court for the applicant and there is no child of the marriage under 18 years old
$625.40
303
If the lawyer did not employ another lawyer to attend at court for the applicant and there is a child of the marriage under 18 years old
$788.65
304
If the lawyer did not employ another lawyer to attend at court for the applicant and there is no child of the marriage under 18 years old
$590.40
305
If the lawyer did not attend at court for the hearing under section 98A of the Act
$507.75
Part 4 Basic composite amount for application for Enforcement Warrant or Third Party Debt Notice
Item
Matter for which charge is made
Charge
401
An Enforcement Warrant under rule 20.16
$507.75
402
A Third Party Debt Notice under rule 20.32
$507.75
Schedule 2 Amendments commencing on commencement of Schedules 1 and 2 to the Family Law Amendment (Shared Parental Responsibility) Act 2006
(rule 3)
[1] Rule 1.05, after note 2
insert
Note 3 Subsections 60I (2) and (12) of the Act require that a party comply with rule 1.05 and Part 2 of Schedule 1 of these Rules before an application is made for a parenting order.
[2] Chapter 2, summary
substitute
Summary of Chapter 2
Chapter 2 sets out rules about:
· the form of application you must file to start a case in a court;
· the documents you must file with an application; and
· the brochures that must be served in a case.
Before starting a case, you must comply with the court’s pre‑action procedures (see subrule 1.05 (1) and Schedule 1).
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[3] Rule 2.03
substitute
2.03 Service of brochures
A person who files an Application for Final Orders (Form 1) or an Application for Divorce (Form 3) must, when serving the application on the respondent, also serve a brochure prepared by the court for section 12F of the Act.
Note In addition to the requirements of this rule, an applicant who has filed a Maintenance Application, child support application or appeal, or an Application for an Enforcement Hearing must serve the relevant brochure on the respondent (see rule 4.13 and subrules 4.23 (2) and 20.11 (3)).
[4] After Part 2.3 heading
insert
Division 2.3.1 Cases involving allegation of abuse or family violence in relation to a child
[5] Rule 2.04
substitute
2.04 Definition
In this Division:
allegation of abuse or family violence means an allegation:
(a) that a child has been abused or that there is a risk of a child being abused; or
(b) that there has been family violence involving a child or a member of the child’s family or that there is a risk of family violence involving a child or a member of the child’s family.
Part VII order has the same meaning as in subsection 60I (1) of the Act.
2.04A Application of Division 2.3.1
This Division applies to a case if an application is made to a court for a Part VII order in relation to a child in the case.
2.04B Filing and service
(1) In a case to which this Division applies, if any of the following persons makes an allegation of abuse or family violence the person must file a Notice of Child Abuse or Family Violence (Form 4):
(a) a party in the case;
(b) an independent children’s lawyer in the case;
(c) a person seeking to intervene in the case.
(2) A person who files a Form 4 must file an affidavit or affidavits setting out the evidence on which the allegations in the Form 4 are based, no later than the time the Form 4 is filed.
Note The requirements for service of filed documents are set out in rule 7.04. For service of a notice filed in a case to which section 67Z of the Act applies, subsection 67Z (2) specifically requires that a person alleged in the notice to have abused a child in the case, or to be a person from whom a child in the case is at risk of being abused, must be served with a copy of the notice.
2.04C Listing case
If a Form 4 has been filed in a case, a Registrar may list the case for hearing or procedural hearing.
2.04D Prescribed document and prescribed form
A Notice of Child Abuse or Family Violence (Form 4) is:
(a) the document prescribed for the purposes of paragraph 60K (1) (d) of the Act; and
(b) the prescribed form for the purposes of a notice mentioned in subsection 67Z (2) of the Act.
[6] Before rule 2.06
insert
Division 2.3.2 Property settlement or spousal maintenance cases
[7] Rule 3.01, note 2
omit
(see rule 2.03 and section 17 of the Act).
insert
(see rule 2.03).
[8] Rule 4.13, note 2
omit
brochures required to be served under subrule 2.03 (3).
insert
brochure required to be served under rule 2.03.
[9] Rule 4.23, note 1
omit
brochures required to be served under subrule 2.03 (3).
insert
brochure required to be served under rule 2.03.
[10] Paragraph 5.08 (a)
omit
section 68F
insert
section 60CC
[11] Rule 5.09, notes 2 and 3
substitute
Note 2 Rule 15.21 provides that a party must not, without the court’s permission, request the issue of more than 3 subpoenas for the hearing of an Application in a Case (Form 2). However, an independent children’s lawyer may request the issue of more than 3 subpoenas (see subrule 15.21 (2)).
[12] Rule 6.01, note
substitute
Note An independent children’s lawyer is not a party to a case but must be treated as a party (see rule 8.02).
[13] Rule 7.01, note
omit
the brochure mentioned in subrule 2.03 (3);
insert
the brochure mentioned in rule 2.03;
[14] Chapter 8, summary
substitute
Summary of Chapter 8
Chapter 8 sets out rules about:
· the people who may be heard by the court and the requirements for their address for service;
· the appointment of an independent children’s lawyer; and
· lawyer’s conflict of interest and ceasing to act.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[15] Rule 8.02
substitute
8.02 Independent children’s lawyer
(1) A party may apply for the appointment or removal of an independent children’s lawyer by filing an Application in a Case (Form 2).
Note A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1 in rule 11.01).
(2) If the court makes an order for the appointment of an independent children’s lawyer:
(a) it may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of subsection 116C (5) of the Act; and
(b) it may order that the costs of the independent children’s lawyer be met by a party.
Note Section 68L of the Act provides for the independent representation of children.
(3) A person appointed as an independent children’s lawyer:
(a) must file a Notice of Address for Service (Form 8);
(b) must comply with these Rules and do anything required to be done by a party; and
(c) may do anything permitted by these Rules to be done by a party.
(4) If an independent children’s lawyer is appointed, the parties must conduct the case as if the independent children’s lawyer were a party.
(5) The appointment of an independent children’s lawyer ceases:
(a) when the Application for Final Orders (Form 1) is determined or withdrawn; or
(b) if there is an appeal — when the appeal is determined or withdrawn.
Note 1 If a document or notice is served on or given to a party under these Rules, the document or notice must also be served on or given to any independent children’s lawyer (see subrule 7.04 (4)).
Note 2 This rule applies unless the court orders otherwise (see rule 1.12).
[16] Subrule 10.15 (4), note
substitute
Note If an independent children’s lawyer has been appointed in a case, the court will not make a consent order unless the independent children’s lawyer has also signed the draft consent order (see subrule 8.02 (4)).
[17] Rule 11.01, Table 11.1, item 1
substitute
1
Attendance
(a) order a party to attend:
(i) an information session;
(ii) a procedural hearing;
(iii) a family consultant;
(iv) family counselling or family dispute resolution;
(v) a conference or other court event; or
(vi) a post‑separation parenting program;
(b) require a party, a party’s lawyer or an independent children’s lawyer to attend court
[18] Chapter 12, summary
substitute
Summary of Chapter 12
Chapter 12 sets out rules about the events that parties to an Application for Final Orders (Form 1) may be required to attend during the course of the case. These include a case assessment conference, a procedural hearing, family counselling, family dispute resolution, attendance with a family consultant, a conciliation conference, a pre‑trial conference and a trial. Rules about the events in the determination phase of a case to which Chapter 16A applies are set out in Chapter 16A.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[19] Chapter 12, flowchart
substitute
Resolution phase
Comply with pre‑action procedures
Start of case (Chapter 2)
First court date (hearing, procedural hearing, case assessment conference)
Property
Parenting order
Conciliation conference
Final resolution event
Attendance with family consultant
Determination phase
Trial notice issues
Pre‑trial conference
Trial
[20] Subrule 12.03 (1)
substitute
(1) A case assessment conference must be held in the presence of:
(a) a Registrar; or
(b) a family consultant.
[21] Subrule 12.04 (1), note 1
omit
mediation in a parenting case,
insert
family counselling or family dispute resolution in a parenting case,
[22] Subrule 12.06 (1)
omit
a mediator.
insert
a family consultant.
[23] Subrule 15.02 (2)
substitute
(2) The interview may be conducted in the presence of a family consultant or another person specified by the judicial officer.
[24] Rule 15.04
omit
[25] Rule 15.30
substitute
15.30 Right to inspect and copy
(1) This rule applies if:
(a) the issuing party serves the named person and the other parties, including the independent children’s lawyer (if any), in accordance with rule 15.28 at least 21 days before the court date; and
(b) the named person complies with the subpoena at least 7 days before the court date.
(2) The written notice mentioned in subparagraph 15.28 (1) (a) (iii) must state that:
(a) if the named person:
(i) complies with the subpoena at least 7 days before the court date; and
(ii) does not object to a party or any independent children’s lawyer inspecting or copying the document; and
(b) if no other party or person objects to the document being inspected and copied by the parties or any independent children’s lawyer;
each party and any independent children’s lawyer is entitled, without an order, to inspect and take copies of the document from 7 days before the court date.
(3) The issuing party must file an Affidavit of Service (Form 7), setting out the details of the party’s compliance with paragraph (1) (a).
(4) If the named person, a party or an independent children’s lawyer has not made an objection under rule 15.31 by the seventh day before the court date, each party and any independent children’s lawyer is entitled, after the seventh day and without an order, to inspect and take copies of the document.
Note Some legislative provisions prohibit government departments from communicating certain information; for example, see section 150 of the Assessment Act and section 16 of the Registration Act.
[26] Rule 15.41
omit
This Part (other than rule 15.55)
insert
(1) This Part (other than rule 15.55)
[27] Paragraph 15.41 (d)
omit
mediator
insert
family consultant
[28] Rule 15.41, after the example
insert
(2) Nothing in this Part prevents an independent children’s lawyer communicating with a single expert witness.
[29] Subrule 15.44 (1), at the foot
insert
Note Subrule 15.54 (3) sets out the requirements that apply to instructions to a single expert witness appointed by agreement between the parties.
[30] After subrule 15.54 (2)
insert
(3) All instructions to a single expert witness appointed by agreement between the parties must be provided jointly by the parties and, if an independent children’s lawyer has been appointed in the case, the independent children’s lawyer.
[31] Subrule 16A.10 (1)
omit
mediator,
insert
family consultant,
[32] Paragraph 18.02 (1) (b)
omit
section 19G
insert
section 13K
[33] Paragraph 18.02 (1) (d)
omit
section 70NL
insert
section 70NFD
[34] Paragraph 18.02 (1) (d)
omit
paragraph 70NJ (3) (a)
insert
paragraph 70NFB (2) (a)
[35] Rule 18.05, Table 18.2, items 4 and 5
substitute
4
paragraph 65G (2) (b)
Power to make a parenting order by consent in favour of a non‑parent without attendance at conference with a family consultant
5
section 65L
Power to make an order requiring compliance with a parenting order to be supervised by a family consultant
[36] Rule 18.05, Table 18.2, item 14
substitute
14
subsection 68M (2)
Power to make an order that a child be made available for an examination for the purposes of preparing a report in connection with the proceedings
[37] Subrule 18.06 (1), Table 18.4
substitute
Table 18.4 Powers delegated to Deputy Registrars
Item
Legislative provision
Description (for information only)
Family Law Act
1
section 11F
Power to order parties to attend appointment or a series of appointments with a family consultant
2
section 11G
Power to make an order as a result of failure to attend appointment with family consultant
3
section 13B
Power to refer parties to family counselling and to adjourn the case until the parties have had family counselling
4
section 13C
Power to refer parties to family counselling, family dispute resolution and other family services and to adjourn the case until the parties have had family counselling, family dispute resolution and other family services
5
section 13D
Power to make an order as a result of failure to attend family counselling, family dispute resolution or other family services
6
sections 13E and 13F
Power to refer parties to arbitration, with consent of parties, and to make procedural orders to assist arbitration
7
section 27A
Power to direct, at any stage, that a case or part of a case be conducted or continued at a specified place subject to conditions (if any)
8
sections 33B and 33C
Power to transfer a case, in whole or in part, to the Federal Magistrates Court
9
subsection 37A (1) (except subparagraph (e) (iv) and paragraph (f))
Power to make procedural and costs orders
Note The delegations mentioned in this item are subject to the restrictions imposed by subsection 37A (6) of the Act.
10
subsection 44 (1C)
Power to make an order for divorce within 2 years of the date of marriage
11
section 45
Power to transfer a case to another court
12
section 48
Power to make a divorce order in an undefended case
13
subsection 55 (2)
Power to reduce or increase the time for a divorce order to take effect
14
section 55A
Power to make a declaration about arrangements for children after a divorce
15
section 57
Power to rescind a divorce order if parties reconciled
16
paragraphs 60K (2) (a), (b) and (c)
Power to make procedural orders in relation to allegations of child abuse or family violence
17
section 62G
Power to order a family report
18
subsection 63E (3)
Power to register a revocation agreement
19
section 68L
Power to make an order that a child is to be independently represented
20
section 69ZW
Power to make an order requesting a prescribed State or Territory agency to provide the court with specified documents or information
21
paragraph 79 (9) (c)
Power to make an order dispensing with requirement to attend a conference
22
subsection 91B (1)
Power to request that a prescribed child welfare authority intervene in a case in which a child’s welfare is or may be affected
23
subsections 92 (1) and (2)
Power to make an order entitling a person to intervene in a case
24
subsection 97 (1A)
Power to exercise powers in chambers
25
subsection 97 (2)
Power to make an order that a specified person is not, or specified persons are not, to be present in court during the case or during a specified part of the case that is within the Deputy Registrar’s power
26
section 98A
Power to make an order granting an undefended application for divorce in the absence of the parties
27
section 101
Power to protect a witness in relation to a case being heard by the Deputy Registrar
28
section 109A
Power to enforce an order in relation to a financial matter
29
subsection 114 (3)
Power to grant an injunction in relation to an obligation to be enforced under Chapter 20
30
subsection 117 (2) (except an order as to security for costs)
Power to make a costs order in a case before the Deputy Registrar
Family Law Regulations
31
subregulation 4 (1)
Power to make an order in relation to practice and procedure if satisfied that the Act, the Regulations or these Rules do not adequately provide for a particular situation or there is a difficulty or doubt about practice or procedure
32
regulation 5
Power to make an order in relation to a case if a party has not complied with the Regulations or these Rules
33
paragraph 6 (1) (a)
Power to relieve a party from non‑compliance with a regulation, rule or order made by a Registrar
Bankruptcy Act
34
section 33
Adjournment, amendment of process and extension and abridgment of times
35
section 81
Powers in relation to examinations
36
section 264B
Power to issue a warrant
37
subsection 309 (2)
Power to order substituted service
[38] Subrule 18.06 (2), Table 18.5, after item 31
insert
31A
Rule 16A.04
Power to grant permission for a case to be dealt with under Division 12A of Part VII of the Act
[39] Subrule 19.04 (7), definition of court event
substitute
court event does not include an attendance with a family counsellor, a family dispute resolution practitioner or a family consultant in a parenting case.
[40] Subparagraphs 20.01 (2) (a) (iii) to (vii)
substitute
(iii) an award made in arbitration and registered under section 13H of the Act;
(iv) a maintenance agreement registered under subsection 86 (1) of the Act;
(v) a maintenance agreement approved under section 87 of the Act;
(vi) a financial agreement or termination agreement under Part VIIIA of the Act;
(vii) an agreement varying or revoking an original agreement dealing with the maintenance of a child under section 66SA of the Act; or
(viii) an overseas maintenance order or agreement that, under the Regulations, is enforceable in Australia;
[41] Chapter 21, summary
substitute
Summary of Chapter 21
Chapter 21 sets out how a party may seek:
· an order to enforce a parenting order;
· an order that a person be punished for contravening an order, bond or sentence, or for contempt of court; or
· an order to locate or recover children.
Before filing an application, a party should consider the result that the party wants to achieve. The remedies available from the court range from the enforcement of a bond or order to the punishment of a person for failure to comply with an order, bond or sentence. For example, the court may make an order that:
· ensures the resumption of the arrangements set out in an earlier order;
· compensates a person for time lost with a child;
· compensates a person for expenses incurred in attempting to spend time with a child;
· varies an existing order;
· puts a person on notice that, if the person does not comply with an order, the person will be punished; or
· punishes a person by way of a fine or imprisonment.
Contempt of court should be alleged only if the conduct complained of is serious enough to warrant such a serious charge, for example, if it is alleged that the contravention of an order involves a flagrant challenge to the court’s authority (see subsection 112AP (1) of the Act). A person found to be in contempt of the court may be imprisoned.
The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.
[42] Rule 21.01, note 3, subparagraph (a) (i)
omit
70NJ (6)
insert
70NFB (4)
[43] Rule 21.01, note 3, subparagraph (a) (ii)
omit
70NO (2)
insert
70NFG (2)
[44] Rule 21.02, Table 21.1, item 2
substitute
2
Contravention of an order (of a kind included in the definition of an order under this Act affecting children under section 70NB of the Act) under Division 13A of Part VII of the Act affecting children, for example, a breach of a parenting order
Application — Contravention (Form 18)
[45] Rule 21.02, Table 21.1, example
substitute
Example for item 1 of Table 21.1
A party may use an Application in a Case (Form 2) if:
(a) the party does not want the other party to a parenting order to be punished for a failure to comply with the order but wants to be compensated for time not spent with a child as a result of the failure to comply; or
(b) before the time due to be spent with a child, the other party refuses to comply with the handover arrangements.
[46] Subrule 21.02 (2), example
omit
paragraph 70NJ (1) (c)
insert
paragraph 70NFA (2) (b)
[47] Rule 21.05, note
omit
counselling
insert
family counselling, family dispute resolution
[48] Rule 21.08, note
substitute
Note For the orders that may be made by the court, see sections 67X, 70NBA, 70NCB, 70NDB, 70NDC, 70NEB, 70NFB, 70NFF, 112AD, 112AH and 112AP of the Act.
[49] Subrule 21.09 (1)
substitute
(1) The provider of a post‑separation parenting program required to inform the court of a matter under section 70NED of the Act must do so by notice in accordance with subrule (2).
[50] Rule 21.10
omit
section 70NIA
insert
section 70NEG
[51] Rule 21.11, note
substitute
Note See sections 67J to 67W of the Act.
[52] Schedule 1, Part 1, paragraph 1 (1) (a)
omit
mediation,
[53] Schedule 1, Part 2, paragraph 1 (1) (a)
omit
mediation,
[54] Schedule 2, Forms 1 to 2
substitute
[55] Schedule 2, Form 3
substitute
[56] Schedule 2, Form 4
substitute
[57] Schedule 2, Forms 10 to 12
substitute
[58] Schedule 2, Form 14
substitute
[59] Schedule 2, Form 18
substitute
[60] Schedule 2, Form 20
substitute
[61] Dictionary, definition of abuse
omit
subsection 60D (1)
insert
subsection 4 (1)
[62] Dictionary, definition of child representative
substitute
child‑related proceedings has the meaning given by subsection 4 (1) of the Act.
[63] Dictionary, definition of contravened
omit
section 70NC
insert
subsection 4 (1)
[64] Dictionary, definition of court event
omit
or mediation.
insert
or family dispute resolution.
[65] Dictionary, after definition of expense
insert
family consultant has the meaning given by subsection 4 (1) of the Act.
family counselling has the meaning given by subsection 4 (1) of the Act.
family counsellor has the meaning given by subsection 4 (1) of the Act.
[66] Dictionary, after definition of Family Court
insert
family dispute resolution has the meaning given by subsection 4 (1) of the Act.
family dispute resolution practitioner has the meaning given by subsection 4 (1) of the Act.
[67] Dictionary, definition of family report
omit
subsection 55A (2), or section 62G or 65G, of the Act
insert
subsection 55A (2) or section 62G of the Act
[68] Dictionary, definitions of family violence and family violence order
omit
section 60D
insert
subsection 4 (1)
[69] Dictionary, definition of final resolution event, paragraph (b)
substitute
(b) for a parenting case — the final court event in the resolution phase.
[70] Dictionary, after definition of financial case
insert
financial matters has the meaning given by subsection 4 (1) of the Act.
[71] Dictionary, after definition of holding period
insert
independent children’s lawyer has the meaning given by subsection 4 (1) of the Act.
[72] Dictionary, definition of lawyer, except the note
substitute
lawyer means a person who is enrolled as a legal practitioner of:
(a) a federal court; or
(b) the Supreme Court of a State or Territory.
[73] Dictionary, definition of mediator
omit
[74] Dictionary, before definition of parenting case
insert
overseas child order has the meaning given by subsection 4 (1) of the Act.
[75] Dictionary, definition of post‑separation parenting program
omit
section 70NB
insert
subsection 4 (1)
[76] Dictionary, definition of prescribed child welfare authority
omit
subsection 60D (1)
insert
subsection 4 (1)
[77] Dictionary, definition of primary dispute resolution method
omit
[78] Dictionary, definition of primary order
omit
section 70NB
insert
subsection 4 (1)
[79] Dictionary, definition of recovery order
omit
section 67Q
insert
subsection 4 (1)
[80] Dictionary, after definition of Registration Act
insert
Registry Manager has the meaning given by subsection 4 (1) of the Act.
[81] Dictionary, definition of State child order
omit
section 70B
insert
subsection 4 (1)
[82] Dictionary, definition of step‑parent
omit
subsection 60D (1)
insert
subsection 4 (1)
[83] Further amendments
Provision
omit each mention of
insert
Subrule 1.05 (1)
primary dispute resolution
dispute resolution
Paragraph 1.06 (a)
primary dispute resolution
dispute resolution
Paragraph 4.08 (1) (d)
child representative;
independent children’s lawyer;
Paragraph 5.04 (4) (a)
a child representative;
an independent children’s lawyer;
Paragraph 5.08 (e)
primary dispute resolution
dispute resolution
Rule 6.12
child representative
independent children’s lawyer
Subrule 7.04 (3)
child representative.
independent children’s lawyer.
Subrule 7.04 (4), definition of each person to be served, paragraph (b)
child representative;
independent children’s lawyer;
Paragraph 13.08 (1) (a)
child representative;
independent children’s lawyer;
Paragraph 13.08 (1) (b)
child representative.
independent children’s lawyer.
Subrule 13.15 (1)
(except a child representative)
(except an independent children’s lawyer)
Subparagraph 13.15 (1) (a) (ii)
(including any child representative)
(including any independent children’s lawyer)
Subrule 13.15 (4), form of notice, paragraph (b)
(including any child representative)
(including any independent children’s lawyer)
Rule 13.32, definition of non‑party
or a child representative in,
or an independent children’s lawyer in,
Paragraph 15.03 (5) (a)
a child representative;
an independent children’s lawyer;
Subrule 15.21 (2)
A child representative
An independent children’s lawyer
Paragraph 15.28 (1) (b)
child representative
independent children’s lawyer
Paragraph 15.31 (2) (d)
child representative.
independent children’s lawyer.
Subrule 15.31 (3)
child representative’s
independent children’s lawyer’s
Subrule 15.39 (2)
child representative.
independent children’s lawyer.
Subrule 15.51 (2)
A child representative
An independent children’s lawyer
Rule 15.58
child representative
independent children’s lawyer
Subrule 16.06 (1)
child representative
independent children’s lawyer
Subrule 16.06 (2)
a child representative
an independent children’s lawyer
Subrule 16.07 (1)
a child representative
an independent children’s lawyer
Subrule 16.07 (2)
A child representative
An independent children’s lawyer
Subrule 18.06 (2), Table 18.5, item 9, column 3
a child representative
an independent children’s lawyer
Subrule 19.04 (4)
a child representative
an independent children’s lawyer
Subrule 19.04 (4)
the child representative
the independent children’s lawyer
Subrule 22.05 (2), definition of each person to be served
child representative
independent children’s lawyer
Rule 22.07
a child representative
an independent children’s lawyer
Subrule 22.17 (2)
A child representative
An independent children’s lawyer
Paragraph 22.26 (1) (c)
child representative —
independent children’s lawyer —
Rule 22.43, note 2
child representative
independent children’s lawyer
Paragraph 22.66 (1) (c)
a child representative
an independent children’s lawyer
Subparagraph 24.01 (1) (g) (iii)
child representative
independent children’s lawyer
Paragraph 24.13 (1) (b)
a child representative,
an independent children’s lawyer,
Schedule 1, Part 1, paragraph 1 (1) (a)
primary dispute resolution,
dispute resolution,
Schedule 1, Part 1, paragraph 3 (1) (b)
primary dispute resolution
dispute resolution
Schedule 1, Part 1, paragraph 3 (1) (c)
primary dispute resolution
dispute resolution
Schedule 1, Part 1, paragraph 3 (2) (a)
primary dispute resolution
dispute resolution
Schedule 1, Part 1, paragraph 3 (2) (b)
primary dispute resolution.
dispute resolution.
Schedule 1, Part 1, paragraph 3 (4) (a)
primary dispute resolution
dispute resolution
Schedule 1, Part 1, paragraph 3 (4) (b)
primary dispute resolution;
dispute resolution;
Schedule 1, Part 1, paragraph 3 (4) (c)
primary dispute resolution.
dispute resolution.
Schedule 1, Part 1, subparagraph 6 (1) (h) (i)
primary dispute resolution
dispute resolution
Schedule 1, Part 2, paragraph 1 (1) (a)
primary dispute resolution,
dispute resolution,
Schedule 1, Part 2, paragraph 3 (1) (b)
primary dispute resolution
dispute resolution
Schedule 1, Part 2, paragraph 3 (1) (c)
primary dispute resolution
dispute resolution
Schedule 1, Part 2, paragraph 3 (2) (a)
primary dispute resolution
dispute resolution
Schedule 1, Part 2, paragraph 3 (2) (b)
primary dispute resolution.
dispute resolution.
Schedule 1, Part 2, paragraph 3 (4) (a)
primary dispute resolution
dispute resolution
Schedule 1, Part 2, paragraph 3 (4) (b)
primary dispute resolution;
dispute resolution;
Schedule 1, Part 2, paragraph 3 (4) (c)
primary dispute resolution.
dispute resolution.
Schedule 1, Part 2, subparagraph 6 (1) (h) (i)
primary dispute resolution
dispute resolution
Schedule 3 Amendments commencing on commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law) Act 2006
(rule 3)
[1] After paragraph 22.01 (1) (b)
insert
(ba) an appeal to the Family Court from an order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia (whether heard by the Full Court or a single Judge);
[2] Part 22.2, note after the heading, paragraph (a)
omit
of a Family Court or the Federal Magistrates Court
insert
of a Family Court, the Federal Magistrates Court or the Magistrate’s Court of Western Australia constituted by a Family Law Magistrate of Western Australia
[3] Paragraph 22.02 (a)
omit
for an appeal from a court of summary jurisdiction —
insert
for an appeal from a court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia —
[4] Rule 22.10
substitute
22.10 Documents filed in a current appeal
If an appeal has been started, a document filed in the appeal must be filed as follows:
(a) for an appeal to the Full Court or from the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia — in the Regional Appeal Registry;
(b) for an appeal from a court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia — in the Appeal Registry.
[5] Paragraph 22.13 (b)
omit
Federal Magistrates Court,
insert
Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,
[6] Rule 22.13, note
omit
Federal Magistrates Court,
insert
Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,
[7] Part 22.4, heading
substitute
Part 22.4 Appeal from Federal Magistrates Court or Magistrates Court of Western Australia heard by single Judge
[8] Rule 22.27
after
Federal Magistrates Court
insert
or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia
[9] Rule 22.27, note
omit
Federal Magistrates Court,
insert
Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,
[10] Subparagraphs 22.32 (3) (b) (iii), (v), (vii) and (viii)
omit
Federal
[11] Rule 22.33
omit
Federal Magistrate’s Court
insert
court appealed from
[12] Part 22.5, heading
substitute
Part 22.5 Appeal from court of summary jurisdiction other than Magistrates Court of Western Australia constituted by Family Law Magistrate of Western Australia
[13] Rule 22.35
omit
court of summary jurisdiction.
insert
court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
[14] Division 22.7.2, note after the heading, paragraph (a)
omit
a Family Court or the Federal Magistrates Court
insert
a Family Court, the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia
[15] Division 22.7.2, note after the heading, paragraph (b)
omit
the Federal Magistrates Court or a court of summary jurisdiction
insert
the Federal Magistrates Court, the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia or a court of summary jurisdiction
[16] Dictionary, definition of appeal, paragraph (a)
omit
a Family Court or the Federal Magistrates Court:
insert
a Family Court, the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia:
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
