Family Law Rules 1984 1 Family Law Rules 1984 Statutory Rules 1984 No. 425 as amended made under the Family Law Act 1975 This compilation was prepared on 12 February 2004 taking into account amendments up to SR 2004 No. 5 This document has been split into six volumes Volume 1 contains Orders 1–41 Volume 2 contains Schedule 1 (Forms 1–12) Volume 3 contains Schedule 1 (Forms 12A–21) Volume 4 contains Schedule 1 (Forms 22–46A) Volume 5 contains Schedule 1 (Forms 47–69A) Volume 6 contains Schedules 2, 3 and the Notes Each volume has its own Table of Contents Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
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Family Law Rules 1984 1
Family Law Rules 1984
Statutory Rules 1984 No. 425 as amended
made under the
Family Law Act 1975
This compilation was prepared on 12 February 2004taking into account amendments up to SR 2004 No. 5
This document has been split into six volumes Volume 1 contains Orders 1–41 Volume 2 contains Schedule 1 (Forms 1–12) Volume 3 contains Schedule 1 (Forms 12A–21) Volume 4 contains Schedule 1 (Forms 22–46A) Volume 5 contains Schedule 1 (Forms 47–69A) Volume 6 contains Schedules 2, 3 and the Notes Each volume has its own Table of Contents
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
Contents
Page
2 Family Law Rules 1984
Contents
Schedule 1 New Forms 3
Form 47 Application — Contempt 3
Form 48 Application — Contravention of order 5
Form 49 Application — Contravention of child order 7
Form 49A Information 9
Form 51 Warrant of arrest 11
Form 53 Warrant of commitment 12
Form 54 Notice by solicitor to client of ceasing to act 14
Form 55 Notice to Court that lawyer has ceased to represent party 15
Form 56 Bill of Costs 16
Form 57 Notice disputing bill of costs 18
Form 58 21
Form 59 Bond 22
Form 60 Offer of settlement 23
Form 61 Withdrawal of offer of settlement 24
Form 62 Acceptance of offer of settlement 25
Form 63 Application/Appeal 26
Form 64 Appeal from decision of child support registrar 29
Form 65 Notice of intervention by child support registrar 31
Form 66 Notice of child abuse or of risk of child abuse 32
Form 67 Application for leave to appeal 34
Form 68 Notic`e seeking Mediation 36
Form 69 Mediation/Counselling Memorandum 38
Form 69A Memorandum of case conference 40
New Forms Schedule 1
Application — Contempt Form 47
Family Law Rules 1984 3
Schedule 1 New Forms
Form 47 Application — Contempt (order 35, rule 10)
Schedule 1 New Forms
Form 47 Application — Contempt
4 Family Law Rules 1984
FORM 47—continued
New Forms Schedule 1
Application — Contravention of order Form 48
Family Law Rules 1984 5
Form 48 Application — Contravention of order (order 35, rule 5)
Schedule 1 New Forms
Form 48 Application — Contravention of order
6 Family Law Rules 1984
FORM 48—continued
New Forms Schedule 1
Application — Contravention of child order Form 49
Family Law Rules 1984 7
Form 49 Application — Contravention of child order (order 35, rule 6)
Schedule 1 New Forms
Form 49 Application — Contravention of child order
8 Family Law Rules 1984
FORM 49—continued
New Forms Schedule 1
Information Form 49A
Family Law Rules 1984 9
Form 49A Information (order 35, rule 8)
INFORMATION
IN THE *MAGISTRATES/*LOCAL COURT
AT:
TO: (insert full name and address of defendant)
BY ORDER of the Family Court of *Australia/*Western Australia at (insert place) dated (insert date), a sealed copy of which is attached,
*a sentence was imposed on you/*an order was directed to you.
1. I, (insert full name and address of informant), allege that you have, without reasonable excuse, failed to comply with:
*the sentence/order; or *a requirement made in relation to the *sentence/*order by or
under the applied provisions.
*2. I apply for the issue of a summons.
*3. I believe, for the following reasons, that proceedings against you by summons might not be effective (in numbered paragraphs concisely state the reasons).
*4. I apply for the issue of a warrant.
*SWORN/*AFFIRMED
AT:
DATED: 19 . ........................................ (Signature of informant)
BEFORE ME: ..................................................................... (Signature and title of person before whom information is sworn or affirmed)
Schedule 1 New Forms
Form 49A Information
10 Family Law Rules 1984
FORM 49A—continued
SUMMONS
(Court use only—not to be completed if a warrant is being issued)
TO: (insert full name and address of defendant)
YOU ARE ORDERED to attend the (insert name of court) Court
AT: (insert place of court)
ON: (insert date)
AT: (insert time)
AND to attend from day to day, unless you are excused or released from attendance by the court or a Registrar, until the hearing of the above proceedings is completed.
.................................. Magistrate
[NOTES:
1. Subsections 70NN (2), (3) and (6) and subsection 112AH (3) of the Family Law Act provide that the court may issue a warrant for the arrest of a person who fails to attend before the court as required by a summons.
2. In accordance with Order 35, subrule 8 (6), if a person is arrested under a warrant, a copy of the sealed information must be served on the defendant at the time the arrest is made.]
* Omit if not applicable.
New Forms Schedule 1
Warrant of arrest Form 51
Family Law Rules 1984 11
Form 51 Warrant of arrest (order 34, rule 6)
WARRANT OF ARREST
TO: *The Marshal *All officers of the Australian Federal Police *All officers of the Police Force of (insert State or Territory)
1. BECAUSE OF an order made by the Court at (insert place) on (insert date), to issue a warrant for the arrest of (insert full name) of (insert address), YOU ARE DIRECTED TO ARREST (insert full name) and bring that person before the Court, or any other court exercising jurisdiction under the Act, on the first day on which the Court next sits after the person’s arrest, or as soon as practicable after that date.
*2. This warrant is issued under subsection 65Q (2) of the Family Law Act.
*3. This warrant stops being in force on (insert date).
DATED: 19 .
By the court ..................................
Registrar
[NOTES:
1. Section 122A of the Family Law Act 1975 provides that, if a person to whom this warrant is addressed reasonably believes that the person to be arrested is in or on premises, a place, vehicle, vessel or aircraft, that person may:
(a) without warrant, enter and search the premises, place, vehicle, vessel or aircraft; and
(b) may use such force and assistance as is necessary and reasonable to enable the exercise of these powers.
2. If no date is specified in item 3, this warrant stops being in force:
(a) if it is issued under subsection 65Q (2) of the Family Law Act 1975 — 6 months after the date it is issued; or
(b) in any other case — 12 months after it is issued.]
* Omit if not applicable.
Schedule 1 New Forms
Form 53 Warrant of commitment
12 Family Law Rules 1984
Form 53 Warrant of commitment (order 34, rule 6)
WARRANT OF COMMITMENT
TO: The Marshall
And to: All Officers of the Australian Federal Police,
All Officers of the Police force of ,
The Keeper of . WHEREAS (full name) of on the day of 19 , appeared before this Court. AND WHEREAS the said person was ordered to be imprisoned YOU the said ARE HEREBY DIRECTED to take the said person and safely convey that person to the said gaol, and to deliver that person to the Keeper thereof, together with this warrant. AND YOU the said Keeper of ARE HEREBY DIRECTED to receive the said person into your custody and keep that person in accordance with the said order, a copy of which is attached hereto.
New Forms Schedule 1
Warrant of commitment Form 53
Family Law Rules 1984 13
FORM 53—continued
AND for so doing this shall be your sufficient warrant. Dated this day of 19 .
By the Court,
Registrar.
Note: 1. The person named in this warrant has been committed to
prison under the Family Law Act 1975. The person is NOT a federal offender and is NOT entitled to have the period specified by the Court reduced by any remissions. Furthermore, the person is NOT eligible to participate in any State pre-release schemes which apply to federal offenders.
Schedule 1 New Forms
Form 54 Notice by solicitor to client of
14 Family Law Rules 1984
Form 54 Notice by solicitor to client of ceasing to act (order 37, rule 1)
NOTICE BY SOLICITOR TO CLIENT OF CEASING TO ACT
TO: (full name)
(address) TAKE NOTICE that as I have ceased to represent you in these proceedings, I intend, after the expiration of 7 days after the service of this notice on you, to file in the Court a notice of my having ceased to represent you in these proceedings. UNDER THE FAMILY LAW RULES, you may give notice, in accordance with those Rules, that you are represented by another solicitor, or that you intend to act in person. However, if you do not give such a notice, you will be deemed not to have an address for service for the purpose of these proceedings and will not be entitled to have pleadings or other documents served on you. Dated this day of 19 .
Notice to Court that lawyer has ceased to represent party Form 55
Family Law Rules 1984 15
Form 55 Notice to Court that lawyer has ceased to represent party (order 37, rule 1)
NOTICE TO COURT THAT LAWYER HAS CEASED TO
REPRESENT PARTY
TO: The Registrar TAKE NOTICE that I am no longer representing the in these proceedings. A NOTICE, in accordance with Order 37, rule 1, was served on that party on (insert date) by (set out particulars that establish due service of the notice). *I am instructed that the future address for service of that party is (insert address) . I advise that the last known address of the party is (insert address). *I advise that the last known telephone number, fax number or e-mail address is (insert number or address). I have notified my client at their last known address that the matter is next listed before the court on (date) for (action). Dated this day of 20 .
................................................ (Signature of solicitor)
* Omit if inapplicable.
Schedule 1 New Forms
Form 56 Bill of Costs
16 Family Law Rules 1984
Form 56 Bill of Costs (order 38, rule 40)
BILL OF COSTS
NOTICE
1. If you do not agree with anything in this bill, you must, within 28 days of the bill being served on you:
(a) make an agreement with the person who prepared the bill and request the court to make a consent order in the terms of the agreement; or
(b) file at the court a copy of the bill and a notice disputing the bill.
2. A notice disputing the bill must identify each item in dispute, give the reason for dispute and state the amount (if any) offered in substitution for the amount specified in the bill.
3. If you file a notice disputing the bill, you must also serve a copy of the notice disputing the bill on the person who prepared the bill.
4. If you file a notice disputing the bill, the bill will be listed for a taxation hearing before a taxing officer at the time and place endorsed on the notice disputing the bill.
SUMMARY
Page No. Fees Disbursements Amounts claimed claimed taxed off
LESS TOTAL ALREADY PAID OR CREDITED: $ (insert amount)
TOTAL AMOUNT PAYABLE FOR COSTS: $ (insert amount)
__________
DESCRIPTION OF ITEMS
Page No. (insert page number)
Item Date Description Disbursement Fees Amount No. Taxed off
(Insert relevant details)
Schedule 1 New Forms
Form 57 Notice disputing bill of costs
18 Family Law Rules 1984
Form 57 Notice disputing bill of costs (order 38, rule 42)
Fill in box A (file numbers)
A
File number
B
Filed at
Filed on
[name of court]
Notice disputing bill of
costs
Form 57 — Family Law Rules Order 38, rule 42
◊ Type or print clearly
◊ Cross boxes where applicable
C
Taxation/pre-taxation conference*
Place
Date
Time
*delete if inapplicable
Notice to parties
• The person named in item 1 below disputes items in the bill of costs.
• An appointment has been fixed with a taxing officer — for details see box C above.
• You or your lawyer may attend the appointment. If you or your lawyer do not attend, the bill may be taxed in your absence.
• At the appointment there may be further attempts to agree on the matters in dispute.
Details of parties
1 Person(s) disputing the bill
family name (surname)
given names
New Forms Schedule 1
Notice disputing bill of costs Form 57
Family Law Rules 1984 19
2 Postal address for send to lawyer in item 3 other give details:
service of documents
postcode
tel ( ) fax ( )
3 Lawyer for person(s) in item 1:
name
firm name
address
phone/fax/DX
postcode
tel ( ) fax ( ) DX and suburb/town
4 Name(s) of person(s) or firm claiming the costs
5 Date of bill and date it was served on person(s) in item 1
Date of bill:
Date of service:
6 Give the grounds of dispute and the amount you offer for each item disputed in the bill
give each disputed item the same number it has in the bill – attach an extra page if you need more space
Item number grounds of dispute amount offered
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
……………. …………………… ………………
Schedule 1 New Forms
Form 57 Notice disputing bill of costs
20 Family Law Rules 1984
Signature
Signed Date
person (s) in item 1 lawyer
This notice was prepared by: person (s) in Item 1 lawyer
(print name if lawyer)
New Forms Schedule 1
�
Family Law Rules 1984 21
Form 58 (order 38, rule 46)
[INSERT FORM 58—1 PAGE ONLY
Schedule 1 New Forms
Form 59 Bond
22 Family Law Rules 1984
Form 59 Bond (order 40, rule 4)
RECOGNIZANCE
BE IT REMEMBERED that on the day of 20 , (full name) of (address) (occupation) personally came before me, the Registrar (or clerk in the Registry) of this Court at and ACKNOWLEDGED himself to owe to the Commonwealth of Australia (or as the case may be) the sum of $ to be made and levied on his/her several goods and chattels, land and tenements to the use of the said Commonwealth if he/she shall fail in the condition hereon endorsed.
............................................. Signature of person bound
Taken and acknowledged the day and the year first abovementioned at before me,
DATE OF FILING: TO: (Full name) and the Solicitors for TAKE NOTICE that makes the offer of settlement in these proceedings set out below in respect of the whole/specified parts of the proceedings.
Part of Proceedings Terms of offer
Dated this day of 19 .
............................................. Solicitor for
Schedule 1 New Forms
Form 61 Withdrawal of offer of settlement
24 Family Law Rules 1984
Form 61 Withdrawal of offer of settlement (order 29, rule 1)
WITHDRAWAL OF OFFER OF SETTLEMENT
DATE OF FILING: TO: (Full name) and the Solicitors for TAKE NOTICE that HEREBY WITHDRAWS the offer of settlement made herein dated the day of 19 and filed the day of 19 . DATED this day of 19 .
............................................. Solicitor for
New Forms Schedule 1
Acceptance of offer of settlement Form 62
Family Law Rules 1984 25
Form 62 Acceptance of offer of settlement (order 29, rule 1)
ACCEPTANCE OF OFFER OF SETTLEMENT
DATE OF FILING: TO: (Full name) and the Solicitors for TAKE NOTICE that HEREBY ACCEPTS the offer of settlement dated the day of 19 and filed the day of 19 . DATED this day of 19 .
............................................. Solicitor for
Schedule 1 New Forms
Form 63 Application/Appeal
26 Family Law Rules 1984
Form 63 Application/Appeal (order 31B, subrules 4 (2) and 18 (1))
*CHILD SUPPORT (ASSESSMENT) ACT 1989
*CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
*APPLICATION/*APPEAL
IN THE MATTER OF: (X and Y) Children
DATE OF FILING: This application is made by * father * mother * other person *APPLICANT’S/*APPELLANT’S ADDRESS FOR SERVICE: To the respondent: (full name and address) *The attached application HAS BEEN SET DOWN FOR HEARING by the Court at on 19 .
(Full name of applicant) applies for the following orders: (1) (2) 1. The date(s) of birth of the *child/*children are:
New Forms Schedule 1
Application/Appeal Form 63
Family Law Rules 1984 27
FORM 63—continued
2. The parents of the *child/*children are: father (full name) mother (full name) 3. *The father and mother were married at on 19 . *The father and mother were never married. 4. The dates of the periods of cohabitation (if any) between the
parents of the *child/*children were: 5. The date of separation (if applicable): 6. This *application/*appeal is brought under *paragraph/*subsection/
*section of the *Child Support (Assessment) Act 1989/*Child Support Registration and Collection Act 1988.
GROUNDS OF *APPLICATION/*APPEAL
The *application/*appeal is made on the following grounds: (1) (2) This application was *prepared/*settled by (name of counsel, solicitor or applicant). Dated 19 .
...................................................... Signature of
To the Registrar, (name of court) at I, (full name of respondent), having received the application of (full name of applicant) in proceedings to which I am the respondent, give notice that I intend to defend those proceedings. Dated 19 .
...................................................... (Signature of respondent)
*Omit if not applicable.
New Forms Schedule 1
Appeal from decision of child support registrar Form 64
Family Law Rules 1984 29
Form 64 Appeal from decision of child support registrar (order 35, rule 8)
*CHILD SUPPORT (ASSESSMENT) ACT 1989
*CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
APPEAL FROM DECISION OF CHILD SUPPORT REGISTRAR IN THE MATTER OF: (X and Y) Children
DATE OF FILING: This application is made by * father * mother * other person APPELLANT’S ADDRESS FOR SERVICE: To the respondent (full name and address) The attached appeal HAS BEEN SET DOWN FOR HEARING by the Court at on 19 at *a.m./*p.m. If you do not appear at the hearing the Court may proceed to hear and determine the appeal in your absence. Dated 19 .
Form 64 Appeal from decision of child support registrar
30 Family Law Rules 1984
FORM 64—continued
GROUNDS OF APPEAL
The appellant appeals against the decision of the Registrar made on 19 on the following grounds: (1) (2)
ORDERS SOUGHT
The appellant seeks the following orders: (1) (2) This appeal was *prepared/*settled by (name of counsel, solicitor or applicant). Dated 19 .
........................................................ (Signature of
*solicitor/*appellant) *Omit if not applicable.
New Forms Schedule 1
Notice of intervention by child support registrar Form 65
Family Law Rules 1984 31
Form 65 Notice of intervention by child support registrar (order 31B, rule 32)
CHILD SUPPORT (ASSESSMENT) ACT 1989
NOTICE OF INTERVENTION BY CHILD SUPPORT REGISTRAR
IN THE MATTER OF: (X and Y) Children
DATE OF FILING: To the *applicant/*appellant: And to the respondent: The Child Support Registrar intervenes in these proceedings. The address for service of the Child Support Registrar is Dated 19 .
........................................................ Child Support Registrar
*Omit if not applicable.
Schedule 1 New Forms
Form 66 Notice of child abuse or of risk of child abuse
32 Family Law Rules 1984
Form 66 Notice of child abuse or of risk of child abuse (order 23A, paragraph 1 (1) (a))
New Forms Schedule 1
Notice of child abuse or of risk of child abuse Form 66
Family Law Rules 1984 33
FORM 66—continued
Schedule 1 New Forms
Form 67 Application for leave to appeal
34 Family Law Rules 1984
Form 67 Application for leave to appeal (Order 32A, rule 2)
(Order 32C, rule 3)
New Forms Schedule 1
Application for leave to appeal Form 67
Family Law Rules 1984 35
Schedule 1 New Forms
Form 68 Notice seeking Mediation
36 Family Law Rules 1984
Form 68 Notice seeking Mediation (order 25A, rule 2)
Family Law Act 1975
NOTICE SEEKING MEDIATION
*To the Principal Director of Mediation of the Family Court of Australia, or *To the appropriate officer of the Family Court of (name of State) at I/We (Set out, in the format shown below, the following particulars of each person giving notice) Surname [ ] Given names [ ] Address [ ] [ ] [ ] postcode [ ] Telephone number [ ] Occupation [ ] give notice that *I/*we seek the assistance of the mediation facilities of the *Family Court of Australia/*Family Court of (name of State). Please invite (set out, in the format shown below, the following particulars of each person to be invited) Surname [ ] Given names [ ] Address [ ] [ ] [ ] postcode [ ]
FORM 68—continued
New Forms Schedule 1
Notice seeking Mediation Form 68
Family Law Rules 1984 37
Telephone number [ ] Occupation [ ] to attend for the mediation. Dated 19 .
................................................
(Signature(s)) *Omit if not applicable. NOTE: Set out the required information within the square brackets,
commencing as near as practicable to the left hand bracket.
Schedule 1 New Forms
Form 69 Mediation/Counselling Memorandum
38 Family Law Rules 1984
Form 69 Mediation/Counselling Memorandum (order 25, rule 4A and order 25A, rule 16)