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FAMILY LAW RULES 2004 - List of Regulations

Regulation

Compilation Information

FAMILY LAW RULES 2004
Chapter 1 Introduction

FAMILY LAW RULES 2004
Part 1.1 Preliminary

1.01. Name of Rules
1.02. Commencement
1.03. Rules in Chapter 1 prevail
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 1.4 Other preliminary matters

1.16. Definitions — the dictionary
1.17. Notes, examples etc
1.18. Sittings
1.19. Permission to record court event
1.20. Publishing lists of cases
1.21. Calculating time
FAMILY LAW RULES 2004
Chapter 2 Starting a case

FAMILY LAW RULES 2004
Part 2.1 Applications

2.01. Which application to file
2.02. Documents to be filed with applications
FAMILY LAW RULES 2004
Part 2.2 Brochures

2.03. Preparation and distribution of brochures
FAMILY LAW RULES 2004
Part 2.3 Notification in certain cases

2.04. Notice of Child Abuse or Risk of Abuse (Act s 67Z)
2.05. Family violence order
2.06. Notification of proceeds of crime order or forfeiture application (Act ss 79B and 90M)
2.07. Proceeds of crime
FAMILY LAW RULES 2004
Chapter 3 Divorce

FAMILY LAW RULES 2004
Part 3.1 Application for Divorce

3.01. Fixing of hearing date
3.02. Amendment of Form 3
3.03. Discontinuance of Form 3
FAMILY LAW RULES 2004
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 Form 3
FAMILY LAW RULES 2004
Part 3.3 Attendance at hearing

3.08. Attendance at hearing
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 3.5 Events affecting divorce order

3.12. Application for rescission of divorce order
3.13. Death of party
FAMILY LAW RULES 2004
Chapter 4 Application for Final Orders

FAMILY LAW RULES 2004
Part 4.1 Introduction

4.01. Contents of Application for Final Orders (Form 1)
4.02. Filing affidavits
4.03. First court date
FAMILY LAW RULES 2004
Part 4.2 Specific applications


FAMILY LAW RULES 2004
Division 4.2.1 General


4.04. General provisions still apply
4.05. Application by Attorney-General for transfer of case
FAMILY LAW RULES 2004
Division 4.2.2 Cross-vesting


4.06. Cross-vesting matters
4.07. Transfer of case
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Division 4.2.4 Maintenance


4.13. Information to respondent
4.14. Procedure on first court date
4.15. Evidence to be provided
4.16. Application for step-parent to maintain
4.17. Maintenance orders
FAMILY LAW RULES 2004
Division 4.2.5 Child support


4.18. Application of Division 4.2.5
4.19. Documents to be filed with applications and appeals
4.20. Application under Assessment Act s 95 (6)
4.21. Time limits for appeals and applications under Assessment Act
4.22. Time limit for appeal under Registration Act s 88
4.23. Service of application or appeal
4.24. Service by Child Support Registrar
4.25. Procedure on first court date
4.26. Evidence to be provided
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Division 4.2.7 Applications relating to passports


4.30. Application relating to passport
4.31. Fixing of hearing date
FAMILY LAW RULES 2004
Chapter 5 Applications in a case

FAMILY LAW RULES 2004
Part 5.1 General

5.01. Applications in a case
5.02. Evidence in applications in a case
5.03. Procedure before filing
5.04. Restrictions in relation to applications
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
FAMILY LAW RULES 2004
Part 5.2 Hearing — interim and procedural applications

5.08. Interim orders — matters to be considered
5.09. Admissibility of affidavit
5.10. Hearing time of interim or procedural application
5.11. Party's failure to attend
FAMILY LAW RULES 2004
Part 5.3 Application without notice

5.12. Application without notice
5.13. Necessary procedural orders
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 5.5 Postponement of interim hearing

5.18. Administrative postponement of interim hearing
FAMILY LAW RULES 2004
Chapter 6 Parties

FAMILY LAW RULES 2004
Part 6.1 General

6.01. Parties
6.02. Necessary parties
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 6.3 Case guardian

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 appoint case guardian
6.12. Notice of becoming case guardian
6.13. Conduct of case by case guardian
6.14. Costs of case guardian
FAMILY LAW RULES 2004
Part 6.4 Progress of case after death or bankruptcy

6.15. Death of party
6.16. Bankruptcy of party
FAMILY LAW RULES 2004
Chapter 7 Service

FAMILY LAW RULES 2004
Part 7.1 General

7.01. Service
7.02. Court's discretion regarding service
7.03. Service of documents
7.04. Service of filed documents
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 7.3 Ordinary service

7.12. Ordinary service
FAMILY LAW RULES 2004
Part 7.4 Proof of service

7.13. Proof of service
7.14. Proof of special service
7.15. Evidence of identity
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 7.6 Service in non-convention country

7.19. Service in non-convention country
7.20. Proof of service in non-convention country
FAMILY LAW RULES 2004
Chapter 8 Right to be heard and address for service

FAMILY LAW RULES 2004
Part 8.1 Right to be heard and representation

8.01. Right to be heard and representation
8.02. Child representative
8.03. Lawyer — conflicting interests
8.04. Lawyer — ceasing to act
FAMILY LAW RULES 2004
Part 8.2 Address for service

8.05. Address for service
8.06. Change of address for service
FAMILY LAW RULES 2004
Chapter 9 Response and reply

FAMILY LAW RULES 2004
Part 9.1 Response to Form 1

9.01. Response to Form 1 (Form 1A)
9.02. Filing an affidavit with Form 1A
9.03. Response objecting to jurisdiction
FAMILY LAW RULES 2004
Part 9.2 Reply to Form 1A

9.04. Reply to Form 1A (Form 1B)
FAMILY LAW RULES 2004
Part 9.3 Response to Form 2

9.05. Response to Form 2 (Form 2A)
9.06. Affidavit to be filed with Form 2A
9.07. Affidavit in reply to Form 2A
FAMILY LAW RULES 2004
Part 9.4 Filing and service

9.08. Time for filing and service of response or reply
FAMILY LAW RULES 2004
Chapter 10 Ending a case without a trial

FAMILY LAW RULES 2004
Part 10.1 Offers to settle

FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Division 10.1.2 Offer to settle — property cases


10.06.Compulsory offer to settle
10.07.Withdrawal of offer
FAMILY LAW RULES 2004
Part 10.2 Discontinuing a case

10.10.Definition
10.11.Discontinuing a case
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 10.4 Consent orders

10.15.How to apply for a consent order
10.16.Order for superannuation interest
10.17.Dealing with a consent order
10.18.Lapsing of respondent's consent
FAMILY LAW RULES 2004
Chapter 11 Case management

FAMILY LAW RULES 2004
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.Frivolous or vexatious case
11.05.Application for permission to start a case
11.06.Dismissal for want of prosecution
FAMILY LAW RULES 2004
Part 11.2 Limiting issues


FAMILY LAW RULES 2004
Division 11.2.1 Admissions

11.07.Request to admit
11.08.Notice disputing fact or document
11.09.Withdrawing admission
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Division 11.2.3 Small claims


11.15.Small claims
FAMILY LAW RULES 2004
Part 11.3 Venue


FAMILY LAW RULES 2004
Division 11.3.1 Open court and chambers


11.16.Cases in chambers
FAMILY LAW RULES 2004
Division 11.3.2 Transferring a case


11.17.Application of Division 11.3.2
11.18.Transfer to another court or registry
11.19.Factors to be considered for transfer
FAMILY LAW RULES 2004
Division 11.3.3 Transfer of court file


11.20.Transfer between courts
FAMILY LAW RULES 2004
Chapter 12 Court events

FAMILY LAW RULES 2004
Part 12.1 Application of Chapter 12

12.01.Application of Chapter 12
FAMILY LAW RULES 2004
Part 12.2 Court events — resolution phase

12.02.Property case — exchange of documents before first court date
12.03.Case assessment conference
12.04.Procedural hearing
12.05.Property case — exchange of documents before conciliation conference
12.06.Conduct of a conciliation conference
FAMILY LAW RULES 2004
Part 12.3 Court events — determination phase

12.07.Trial notice
12.08.Compliance certificate
12.09.Non-compliance
12.10.Conduct of pre-trial conference
FAMILY LAW RULES 2004
Part 12.4 Attendance at court events

12.11.Party's attendance
12.12.Request to attend by electronic communication
12.13.Failure to attend court events
FAMILY LAW RULES 2004
Part 12.5 Adjournment and postponement of court events

12.14.Administrative postponement of conferences or procedural hearings
12.15.Adjournment of case conference
12.16.Adjournment or postponement of pre-trial conference
FAMILY LAW RULES 2004
Chapter 13 Disclosure

FAMILY LAW RULES 2004
Part 13.1 Disclosure between parties


FAMILY LAW RULES 2004
Division 13.1.1 General duty of disclosure


13.01.General duty of disclosure
FAMILY LAW RULES 2004
Division 13.1.2 Duty of disclosure — financial cases


13.02.Purpose of Division 13.1.2
13.03.Definition
13.04.Full and frank disclosure
13.05.Financial statement (Form 13)
13.06.Amendment of Financial Statement (Form 13)
FAMILY LAW RULES 2004
Part 13.2 Duty of disclosure — documents


FAMILY LAW RULES 2004
Division 13.2.1 Disclosure of documents — all cases


13.07.Duty of disclosure — 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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Division 13.2.3 Disclosure of documents — Applications for
Final Orders


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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 13.4 Information from non-parties


FAMILY LAW RULES 2004
Division 13.4.1 Employment information


13.29.Purpose of Division 13.4.1
13.30.Employment information
FAMILY LAW RULES 2004
Division 13.4.2 Non-party documents


13.31.Purpose of Division 13.4.2
13.32.Definitions
13.33.Notice of Non-party Production of Documents
13.34.Service on others affected by Notice
13.35.Compliance with Form 12
13.36.Production of documents
13.37.Copying produced documents
13.38.Costs of production
13.39.Objection to production
13.40.Stay of Form 12
13.41.Court's decision about Form 12
13.42.Orders about non-party disclosure
FAMILY LAW RULES 2004
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.Service of application or order for superannuation interest
FAMILY LAW RULES 2004
Chapter 15 Evidence

FAMILY LAW RULES 2004
Part 15.1 Children

15.01.Restriction on child's evidence
15.02.Interviewing a child
15.03.Family reports
15.04.Family reports in certain consent cases
FAMILY LAW RULES 2004
Part 15.2 Affidavits

15.05.Evidence in chief by affidavit
15.06.Reliance on affidavits
15.07.Filing an affidavit
15.08.Form of affidavit
15.09.Making an affidavit
15.10.Affidavit of illiterate or blind person etc
15.11.Affidavit outside Australia
15.12.Documents attached
15.13.Striking out objectionable material
15.14.Notice to attend for cross-examination
15.15.Deponent's attendance and expenses
FAMILY LAW RULES 2004
Part 15.3 Subpoenas


FAMILY LAW RULES 2004
Division 15.3.1 General


15.16.Interpretation
15.17.Issuing a subpoena (Form 14)
15.18.Subpoena not to issue in certain circumstances
15.19.Time for issuing a subpoena
15.20.Amendment of subpoena
15.21.Limit on number of subpoenas
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
FAMILY LAW RULES 2004
Division 15.3.2 Production of documents and access by parties


15.27.Application of Division 15.3.2
15.28.Service of subpoena for production
15.29.Compliance with subpoena
15.30.Right to inspect and copy
15.31.Objection to inspection or copying of document
15.32.Court permission to inspect documents
15.33.Claim for privilege
15.34.Production of document from another court
15.35.Return of documents produced
FAMILY LAW RULES 2004
Division 15.3.3 Non-compliance with subpoena


15.36.Non-compliance with subpoena
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 15.5 Expert evidence


FAMILY LAW RULES 2004
Division 15.5.1 General


15.41.Application of Part 15.5
15.42.Purpose of Part 15.5
15.43.Definitions
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Division 15.5.6 Questions to single expert witness


15.65.Questions to single expert witness
15.66.Single expert witness's answers
15.67.Single expert witness's costs for answers
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Chapter 16 Trial

FAMILY LAW RULES 2004
Part 16.1 Expedited trials

16.01.Expedited trial
FAMILY LAW RULES 2004
Part 16.2 Preparation for trial

16.02.Trial information
16.03.Notice in relation to evidence
FAMILY LAW RULES 2004
Part 16.3 Conduct of trial

16.04.Conduct of trial — general
16.05.Trial management
16.06.Sequence of evidence
16.07.Opening and closing address
16.08.Attendance, submissions and evidence by electronic communication
16.09.Foreign evidence by electronic communication
16.10.Exhibits
16.11.Party's failure to attend
16.12.Vacating trial date
FAMILY LAW RULES 2004
Chapter 17 Orders

17.01.When an order is made
17.02.Errors in orders
17.03.Rate of interest
17.04.Order for payment of money
17.05.Order for payment of fine
FAMILY LAW RULES 2004
Chapter 18 Powers of Judicial Registrars, Registrars and Deputy Registrars

FAMILY LAW RULES 2004
Part 18.1 Delegation of powers to Judicial Registrars and Registrars


FAMILY LAW RULES 2004
Division 18.1.1 General


18.01.Exercise of powers and functions
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 18.2 Review of decisions

18.07.Application of Part 18.2
18.08.Review of order
18.09.Stay
18.10.Power of court on review
FAMILY LAW RULES 2004
Chapter 19 Costs

FAMILY LAW RULES 2004
Part 19.1 General

19.01.Application of Chapter 19
19.02.Interest on outstanding costs
19.03.Duty to inform about costs
19.04.Notification of costs
FAMILY LAW RULES 2004
Part 19.2 Security for costs

19.05.Application for security for costs
19.06.Order for security for costs
19.07.Finalising security
FAMILY LAW RULES 2004
Part 19.3 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
FAMILY LAW RULES 2004
Part 19.4 Lawyer and client costs

19.12.Costs not to be charged
19.13.Steps before costs recovery
19.14.Costs agreements
19.15.Notice about costs agreement
19.16.Validity and effect of costs agreement
19.17.Setting aside costs agreement
FAMILY LAW RULES 2004
Part 19.5 Calculation of costs

19.18.Lawyer and client costs
19.19.Party and party costs
FAMILY LAW RULES 2004
Part 19.6 Claiming and disputing costs


FAMILY LAW RULES 2004
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 Form 15
FAMILY LAW RULES 2004
Division 19.6.2 Assessment process


19.26.Fixing of date for assessment
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
FAMILY LAW RULES 2004
Part 19.7 Specific costs matters

19.39.Application of Part 19.7
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
19.47.Expenses for attendance by witness
19.48.Expenses payable to expert witness
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
19.53.Lawyer as counsel — lawyer and client costs
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Chapter 20 Enforcement of financial orders and obligations

FAMILY LAW RULES 2004
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 with application for enforcement order
20.07.General enforcement powers of court
20.08.Enforcement order
20.09.Discharging, suspending or varying enforcement order
FAMILY LAW RULES 2004
Part 20.2 Information for aiding enforcement

FAMILY LAW RULES 2004
Division 20.2.1 Processes for aiding enforcement


20.10.Processes for obtaining financial information
FAMILY LAW RULES 2004
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 (Form 13) or enforcement hearing
FAMILY LAW RULES 2004
Part 20.3 Enforcement warrants


FAMILY LAW RULES 2004
Division 20.3.1 General


20.15.Definitions
20.16.Request for Enforcement Warrant (Form 16)
20.17.Validity and renewal of Enforcement Warrant
20.18.Enforcement officer's responsibilities
20.19.Directions for enforcement
20.20.Effect of Enforcement Warrant
20.21.Advertising before sale
20.22.Result of sale notice
20.23.Payee's responsibilities
20.24.Orders for real property
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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 (Form 17)
20.33.Service of Third Party Debt Notice (Form 17)
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Chapter 21 Enforcement of parenting orders, contravention of orders and contempt

FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Part 21.2 Parenting orders — compliance


21.09.Duties of program provider
21.10.Relisting for hearing
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Chapter 22 Appeals

FAMILY LAW RULES 2004
Part 22.1 Introduction

22.01.Application of Chapter 22
FAMILY LAW RULES 2004
Part 22.2 Starting an appeal

22.02.Starting an appeal
22.03.Time for appeal
22.04.Parties to appeal
22.05.Service
22.06.Notice about appeal to other courts
22.07.Cross-appeal
22.08.Time for cross-appeal
22.09.Amendment of Notice of Appeal (Form 20)
22.10.Documents filed in a current appeal
22.11.Exhibits
22.12.Stay
FAMILY LAW RULES 2004
Part 22.3 Appeal to Full Court

22.13.Application of Part 22.3
22.14.Pre-argument statement
22.15.Fixing of first court date
22.16.Filing draft index to appeal books
22.17.Attendance on first court date
22.18.Procedure on first court date
22.19.Settlement conference
22.20.Procedural hearing
22.21.Appeal books
22.22.Form of appeal books
22.23.Transcript of hearing
22.24.Preparation of appeal books
22.25.Fixing a date for appeal
22.26.Summary of argument and list of authorities
FAMILY LAW RULES 2004
Part 22.4 Appeal from Federal Magistrates Court heard by single Judge


22.27.Application of Part 22.4
22.28.Notice of Appeal Registry and referral to Judge
22.29.Fixing of date for procedural hearing
22.30.Attendance at procedural hearing
22.31.Procedural orders for conduct of appeal
22.32.Documents for appeal hearing
22.33.Transmission of papers
22.34.Date fixed for appeal hearing
FAMILY LAW RULES 2004
Part 22.5 Appeal from court of summary jurisdiction

22.35.Application of Part 22.5
22.36.Fixing of hearing date
22.37.Transmission of papers
FAMILY LAW RULES 2004
Part 22.6 Powers of appeal courts and conduct of appeal

22.38.Non-attendance by party
22.39.Attendance by electronic communication
22.40.Attendance of party in prison
22.41.Short reasons for decision
FAMILY LAW RULES 2004
Part 22.7 Applications in relation to appeals


FAMILY LAW RULES 2004
Division 22.7.1 How to make an application


22.42.Application of Part 22.7
22.43.Application in relation to appeal
22.44.Hearing date for application
22.45.Decision without an oral hearing
FAMILY LAW RULES 2004
Division 22.7.2 Application for permission to appeal

22.46.Time for filing application for permission to appeal
22.47.Notice to others of appeal
22.48.Orders about conduct of application
FAMILY LAW RULES 2004
Division 22.7.3 Other applications relating to appeals


22.49.Security for costs
22.50.Expediting an appeal
22.51.Further evidence on appeal
22.52.Review of Appeal Registrar's order
FAMILY LAW RULES 2004
Part 22.8 Concluding an appeal

22.53.Consent orders on appeal
22.54.Discontinuance of appeal
22.55.Dismissal of appeal
22.56.Abandoning an appeal
22.57.Application for reinstatement of appeal
22.58.Dismissal of appeal for non-compliance or delay
FAMILY LAW RULES 2004
Part 22.9 Appeal to High Court

22.59.Application for certificate to appeal to High Court of Australia
FAMILY LAW RULES 2004
Part 22.10 Case stated

22.60.Application of Part 22.10
22.61.Case stated
22.62.Objection to draft case stated
22.63.Settlement and signing
22.64.Filing of copies of case stated
22.65.Fixing of hearing date
22.66.Summary of argument and list of authorities
FAMILY LAW RULES 2004
Chapter 23 Registration of documents

FAMILY LAW RULES 2004
Part 23.1 Registration of agreements, orders and child support
debts

23.01.Registration of agreements
23.02.Registration of debt due to the Commonwealth under child support legislation
FAMILY LAW RULES 2004
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
FAMILY LAW RULES 2004
Chapter 24 Documents, filing, registry

FAMILY LAW RULES 2004
Part 24.1 Requirements for documents

24.01.General requirements
24.02.Corporation as a party
24.03.Change of name of party
24.04.Compliance with forms
FAMILY LAW RULES 2004
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
24.08.Additional copies for filing
24.09.Documents filed during a case
24.10.Refusal to accept document for filing
24.11.Filing a notice of payment into court
FAMILY LAW RULES 2004
Part 24.3 Registry records

24.12.Removal of document from registry
24.13.Searching court record and copying documents
FAMILY LAW RULES 2004
Chapter 25 Applications under the Corporations Act 2001

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
25.05.Transfer of case under Corporations Act 2001
25.06.Fixing a date for hearing
FAMILY LAW RULES 2004
Schedule 1 Pre-action procedures

FAMILY LAW RULES 2004
Schedule 2 Forms

FAMILY LAW RULES 2004
Schedule 3 Itemised scale of costs

FAMILY LAW RULES 2004
Schedule 4 Conduct money and witness fees

FAMILY LAW RULES 2004
Schedule 5 Experts' Conferences — Guidelines for expert witnesses and those instructing them in cases in the Family Court of Australia

Dictionary

FAMILY LAW RULES 2004
Notes to the Family Law Rules 2004

Table A

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