Western Australian Consolidated Regulations

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FAMILY COURT RULES 1998 - REG 13

13 .         Adoption of certain Family Law Rules for non-federal jurisdictions

        [(1), (2)         deleted]

        (3)         Each Family Law Rule adopted and applied under this Division applies as if a reference in a Family Law Rule —

            (a)         to the Family Court is to be treated as a reference to the Family Court of Western Australia;

            (b)         to a court is to be treated as including a reference to a court as defined in rule 2;

        [(c)         deleted]

            (d)         to a legal aid body is to be treated as a reference to the Legal Aid Commission of Western Australia;

            (e)         to a Judicial Registrar is to be treated as having no effect;

            (f)         to the Chief Executive Officer is to be treated as a reference to the Executive Officer appointed under section 25(1)(c);

            (g)         to the Marshal is to be treated as a reference to the Marshal appointed under section 25(1)(e);

            (h)         to the Principal Director of Mediation is to be treated as a reference to the Director of Court Counselling appointed under section 25(1)(d);

                  (i)         to a prescribed child welfare authority is to be treated as a reference to the Director‑General; and

            (j)         to a procedural hearing is to be treated as including a reference to a procedural conference.

        (4)         Each Family Law Rule adopted and applied under this Division applies for the purposes of the exercise by the Court and courts of summary jurisdiction of their non‑federal jurisdiction under the Act as if a reference in the Family Law Rule —

            (a)         to the Attorney General is, except in Family Law Rules 7.19, 7.20 and 15.73(3), to be treated as a reference to the State Attorney General;

            (b)         to a member of the Australian Federal Police is to be treated as including a reference to a member of the Western Australian Police Force;

            (c)         to a form in a Schedule of the Family Law Rules is to be treated as a reference to the form with appropriate modifications for the purposes of the Act;

            (d)         to a provision of the Family Law Act is to be treated as a reference to the provision of the Family Court Act 1997 with which the Family Law Act provision is comparable;

            (e)         to a provision of the Family Law Regulations is to be treated as a reference to the provision of the Family Court Regulations 1998 or of these rules with which the Family Law Regulations provision is comparable;

            (f)         to the Director of Public Prosecutions is to be treated as a reference to holder of the office created under section 4 of the Director of Public Prosecutions Act 1991 ;

            (g)         to the term “document” is to be treated as a reference to the term “document” as defined in section 5 of the Interpretation Act 1984 ; and

            (h)         to the term “penalty unit” is to be treated as a reference to the sum of $110.

        [Rule 13 amended in Gazette 26 Mar 2004 p. 1053-5.]



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