These rules come into force on 21 October 2002.

(1) The purpose of these rules is to make it possible for proceedings in Family Courts to be dealt with—

• (a) as fairly, inexpensively, simply, and speedily as is consistent with justice; and

• (b) in such a way as to avoid unnecessary formality; and

• (c) in harmony with the purpose and spirit of the family law Acts under which the proceedings arise.

(2) These rules must be read in the light of their purpose.

(1) These rules are divided into 6 Parts and 9 Schedules.

(2) Part 1 contains preliminary provisions (for example, provisions about the purpose, general scheme and effect, and application of these rules).

(3) Part 2 sets out the general procedure in Family Courts.

(4) Part 3 contains rules about particular aspects of proceedings in Family Courts (for example, service of documents).

(5) Part 4 sets out procedures for dealing with interlocutory matters (that is, matters that arise in the course of proceedings).

(6) Part 5 contains special rules for proceedings under certain family law Acts.

(7) Part 6 contains rules about Registry matters, fees, and transitional matters (for example, Family Court offices, Family Court office hours, fees payable in respect of proceedings in a Family Court, records, searches, the transfer of records or information, and proceedings, etc, that originated under previous rules).

(8) Schedules 1 to 9 set out the forms prescribed by these rules.

(9) Subclauses (1) to (8) are only a guide to the general scheme and effect of these rules.

(1) All proceedings in a Family Court must be brought and dealt with in accordance with these rules, except to the extent that the family law Act under which they are brought provides for them to be brought or dealt with under some enactment other than these rules.

(2) Parts 1 to 4 and 6 (the general rules) apply to all proceedings in a Family Court.

(3) However, the application of the general rules to the proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify the general rules).

(4) Rules in Part 5 that are referred to in a paragraph of rule 6 apply only to proceedings brought under the 1 or more family law Acts referred to in that paragraph of rule 6.

(5) In this rule, proceedings in a Family Court includes all proceedings in a District Court under—

• (a) section 15 of the Family Courts Act 1980; or

• (b) section 151 of the Children, Young Persons, and Their Families Act 1989.

As well as rule 239 (which gives an overview of the Part), Part 5 contains the following rules:

• (a) rules 240 to 253 (Adoption Act 1955):

• (b) rules 254 to 273 (Child Support Act 1991):

• (c) rules 274 to 303 (Children, Young Persons, and Their Families Act 1989):

• (d) rules 304 to 332 (Domestic Violence Act 1995):

• (e) rules 333 to 376 (Family Proceedings Act 1980 and Care of Children Act 2004):

• (f) rules 377 to 387 (Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949):

• (g) rules 388 to 404 (Property (Relationships) Act 1976):

• (h) rules 405 to 416 (Protection of Personal and Property Rights Act 1988).

(1) Part 5 contains no rules that apply to proceedings to be brought under the following family law Acts:

• (a) Births, Deaths, Marriages, and Relationships Registration Act 1995:

• (ab) Civil Union Act 2004:

• (b) Domestic Actions Act 1975:

• (c) Marriage Act 1955.

(2) Proceedings under those Acts must, therefore, be brought and dealt with under Parts 1 to 4 and 6, except to the extent that the family law Act under which they are brought provides for them to be brought or dealt with under some enactment other than these rules.

In these rules, unless the context otherwise requires,—

Unless the context otherwise requires, a word or expression used in a rule or form in these rules and defined in an Act must be given the meaning the Act gives it if—

• (a) the Act deals with the subject matter of the rule or form; and

• (b) the word or expression is not defined in these rules.

(1) In these rules, a reference to a numbered form is a reference to that form as set out in Schedules 1 to 9.

(2) For requirements to use forms, see rule 62(1) and the special rules in Part 5 of the kind referred to in rule 62(2).

A requirement imposed on a Registrar by these rules to do a thing is a requirement to take all reasonably practicable steps to ensure that the thing is done.

(1) A Registrar has all the powers of a Judge to do any of the following if, and to the extent that, these rules authorise the Registrar to do any of the following:

• (a) hear and determine any proceedings:

• (b) make any direction or order.

(2) Nothing in this rule—

• (a) authorises a Registrar to commit a person to a prison or to enforce an order by committal:

• (b) limits any right of review by a Judge of a decision of a Registrar.

(3) An order made by a Registrar under these rules has the same effect, and is enforceable in the same manner, as if it were an order of a Judge.

(4) An order made by a Judge may be signed by a Registrar in his or her own name and description.

(1) A practice that is not consistent with these rules or a family law Act must not be followed in any Court.

(2) Subclause (1) overrides rules 14 to 16.

(1) A person in doubt about any matter of procedure under these rules may make an interlocutory application without notice to the Judge for directions, and the Judge may make a decision and give directions on that matter.

(2) If there is a doubt about the application of a rule to any proceedings, the Judge may make a decision and give directions—

• (a) on an interlocutory application without notice for the purpose by a person; or

• (b) on the Judge's own initiative.

(3) A step taken in accordance with directions under this rule is in accordance with these rules.

(4) This rule is subject to rule 13(1).

(1) The Judge must deal with any matter not provided for by any enactment (including any of these rules)—

• (a) under provisions of these rules dealing with similar matters if that can be done; or

• (b) in a way decided by the Judge, in the light of the purpose of these rules, if the Judge considers the matter cannot be dealt with under provisions of these rules dealing with similar matters.

(2) This rule is subject to rule 13(1).

(1) The Judge presiding over a Court may, at any time, give any directions he or she thinks proper for regulating the Court's business.

(2) This rule is subject to rule 13(1).

(1) If these rules have not been complied with in beginning or purporting to begin any proceedings, or at any stage in the course of or in connection with any proceedings, that failure to comply—

• (a) must be treated as an irregularity; and

• (b) does not nullify—

  • (i) the proceedings; or

  • (ii) any step taken in the proceedings; or

  • (iii) any document, judgment, or order in the proceedings.

(2) If these rules have not been fully complied with at some stage of any proceedings,—

• (a) the Judge may set the proceedings aside entirely or take any or all of the following steps:

  • (i) set the proceedings aside in part:

  • (ii) set aside, wholly or in part, any step in them:

  • (iii) set aside, wholly or in part, any document, judgment, or order in them:

  • (iv) allow the proceedings to be amended; and

• (b) whether or not he or she acts under paragraph (a), the Judge may make any other order (for example, as to costs, or adjourning the proceedings) he or she thinks appropriate.

(3) The Judge must not set the proceedings aside entirely just because they were not commenced by the kind of application required by these rules.

(4) The Judge must not act under subclause (2)(a) on an interlocutory application made by a party unless—

• (a) the application has been made within a reasonable time of the non-compliance concerned; and

• (b) the party has not taken any fresh step after becoming aware of the non-compliance.

(5) Subclause (4) does not prevent the Judge from making an order on his or her own initiative (whether or not a party has made an interlocutory application for the purpose).

(1) This Part sets out the general procedure in Family Courts.

(2) It should be read with all other Parts of these rules.

(3) The application of this Part to proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify this Part).

(4) Among other things, this Part deals with the following matters:

• (a) commencement of proceedings:

• (b) what to file:

• (c) where applications are to be made:

• (d) how to file documents in Court:

• (e) procedures before, at, and at the end of, any hearing:

• (f) rehearings and appeals.

(5) This rule is only a guide to the general scheme and effect of this Part.

For the purposes of these rules, proceedings are commenced when a person makes an application to a Court for a particular order or declaration under a family law Act.

(1) An application is made by filing the following documents:

• (a) the application form (set out in Schedules 2 to 9) for the particular order or declaration sought or, if there is no application form for that order or declaration, the general application form (set out in Schedule 1), which form must, if practicable, list the names and addresses of the persons on whom the application is required or intended to be served (see rule 36):

• (b) an information sheet (which contains particulars about the parties) on yellow paper and in form G 7 (set out in Schedule 1) or (as the case requires) in form CYPF 4 (in Schedule 4) or in form PPPR 14 (in Schedule 9):

• (c) any affidavit required or permitted by special rules in Part 5 to be filed with the documents to be filed to make the application (see rule 21):

• (d) any other documents required or permitted by a family law Act or these rules to be filed with the documents to be filed to make the application (for examples, see rule 22):

• (e) if the applicant is acting in a representative capacity, a statement setting out the capacity in which the applicant is acting, as required by rule 94:

• (f) if an order or agreement is to be used in support of the application, a copy of that order or agreement (unless the Registrar directs otherwise).

(2) If the application is on notice, then, together with the documents referred to in subclause (1), there must also be filed the same number of copies of the documents specified in rule 32(3) (except paragraph (c)) as there are persons on whom documents relating to the application are required or intended to be served.

For the purposes of rule 20(1)(c),—

• (a) applicants for an adoption order must file with the documents to be filed to make their application, or file before any hearing of their application, an affidavit that complies with rule 244:

• (b) applicants under the Child Support Act 1991 who make certain applications without notice, or who make certain applications on notice, must file with the other documents to be filed to make their application an affidavit in support (see rules 257 and 258):

• (c) applicants for an urgent maintenance order under section 116 of the Child Support Act 1991 must file with the other documents to be filed to make their application an affidavit of financial means and their sources (see rule 260):

• (d) applicants (and other parties) under the Child Support Act 1991 must, at least 10 working days before the hearing of the application, file an affidavit of financial means and their sources (see rule 266(1)):

• (e) applicants for a protection order or for a property order (as defined in rule 304) under the Domestic Violence Act 1995 must file with the other documents to be filed to make their application an affidavit of the kind referred to in rule 309(1)(a):

• (f) applicants under the Family Proceedings Act 1980 or the Care of Children Act 2004 who make certain applications without notice must file with the other documents to be filed to make their application an affidavit in support (see rule 336):

• (g) applicants for an order dissolving a marriage or civil union, under section 39 of the Family Proceedings Act 1980, may file with the other documents to be filed to make their application an accompanying affidavit (see rule 337):

• (h) applicants under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949 must, if their application is made without notice, file with the other documents to be filed to make their application an affidavit of the kind referred to in rule 383:

• (i) applicants under the Property (Relationships) Act 1976 must file with the other documents to be filed to make their application an affidavit that includes the information specified in rule 392 and, if rules 398 and 399 apply to their application, must also file and serve (within the time specified in rule 398(1)) an affidavit of the kind referred to in rule 398(1)(a).

Part 5 also contains special rules about other documents to be filed to make applications under the following family law Acts or to be filed before the hearing of those applications or by a time the Registrar may direct:

• (a) Adoption Act 1955 (see rule 242 - evidence of child's identity, and rule 245 - other documents):

• (b) Child Support Act 1991 (see rule 266(2) - further information to be filed and served before hearing):

• (c) Children, Young Persons, and Their Families Act 1989 (see rule 279 - application under section 67 of Act to be accompanied by documents on family group conference, and rule 289 - documents filed on family group conference):

• (d) Domestic Violence Act 1995 (see rule 308 - certificate of lawyer to be included in certain applications without notice, and rule 309 - documents to be filed to make certain applications):

• (e) Family Proceedings Act 1980 (see rule 338 - separation order or separation agreement, rule 339 - marriage or civil union certificate, and rule 344 - affidavit of financial means and their sources):