Articles
Family Law Rules 2004
7 June 2004
Introduction
Commencing on 29 March 2004, the new Family Law Rules 2004 replaced
the existing rules in the Family Court of Australia. These purpose, as
maintained in Chapter 1 of the Rules is "to ensure that each case is
resolved in a just and timely manner at a cost to the parties and the
court that is reasonable in the circumstances of the case".
We at AWM Dickinson& Son are aware of the impact of the new Rules
and are able to readily advise you on various legal aspects of your family
law matter, taking into account these new Rules.
What are the changes about?
There are important changes that a solicitor needs to be aware of,
including:
- Changes to disclosure obligations on parties and new penalties
applicable;
- Compulsory offers of settlement in some circumstances;
- Appointment of single experts for parties;
- Extended costs against lawyers;
- Changes to legal professional privilege; and
- Restrictions on subpoenas that may be issued.
The new Rules aim to be a complete code dealing with all aspects of the
Family Court’s practice and procedure. The amendments include 25 new forms
which aim to be simple and relevant to parties, with a plain English,
readily understandable style of drafting.
The new Rules also incorporate additional assistance for parties
including flow charts, notes, a dictionary of terms; and clear chapters
detailing the duties of parties, lawyers and experts.
It is advisable to have the help of experienced practitioners like AWM
Dickinson & Son as, if a party does not comply with the Rules,
Regulations or a procedural order, the orders, which the court may make,
include:
- dismissing the case, either in part or in its entirety;
- setting aside a step taken or an order made;
- ordering costs against a party;
- stopping a party from taking further steps until a specified event
occurs; or
- making any other order the court considers necessary, with regard to
the main purpose of the Rules, as stated above.
Outline of the most relevant chapters
Chapter 1
The first Chapter sets out the rules relating to the obligations of the
partiers, the lawyers and the court. As AWM Dickinson & Son’s lawyers
are familiar with the new Rules that apply, you will be assured that we
are meeting our obligations to the court and that we will be able to
assist you to understand your own obligations.
Chapter 2
This Chapter sets out the rules relating to the form of application
that must be filed in order to commence proceedings in the court and the
documents that must be filed along with any application being made. We are
able to advise you of the paperwork that will be required in order to file
a complete application.
Furthermore, before we actually make any application on your behalf, we
will assist you with any “pre-action procedures” (now made compulsory by
the new Rules, with only very specific exceptions), which may include
attempting to resolve the dispute by means of alternative dispute
resolution. These pre-action procedures aim to cut down on your legal
costs.
Chapter 3
This Chapter sets out the procedure for obtaining a divorce. As AWM
Dickinson & Son’s lawyers are experienced practitioners in this area
of law, you can feel confident that we are able to advise you of the
necessary procedures to be followed.
Chapter 4
This Chapter relates the procedure of any proceedings (other than
specified proceedings which are dealt with separately under the Rules, eg
divorce proceedings). We are able to advise on such matters.
Chapter 6
This chapter sets out the necessary parties to a case, eg where a
person’s rights might be directly affected by an issue brought out in the
proceedings.
Other chapters generally relate to the practice and procedure to be
followed in the court. Accordingly, it is important that your legal
representatives are familiar with the new practice of the court, so that
your case is not jeopardized in any way.
Conclusion
There will be no grace period for the filing of old forms after 29
March 2004. That is because legal practitioners should now be aware of the
amendments to the Family Court Rules and are able to gain access to the
necessary forms required for such a case.
The Rules aim to improve the Court’s processes by cutting down on the
time previously spent processing documents and also time possibly spent in
court, given the new pre-action procedures that have been put in place.
The practitioners at AWM Dickinson & Son are able to advise on
these new procedural matters and how they will affect you.
<<Back
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.
|
