Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A Family Law Rule
that is adopted and applied in a subrule of this rule is adopted and applied
in accordance with that subrule.
(2) Family Law
Rule 2.02(1) is to be treated as providing that a person who applies for
financial orders under Part 5A of the Act must at the same time as filing the
documents specified in the Table to the rule, file an affidavit that states
the facts necessary to determine whether the Court has jurisdiction.
(3)
Family Law Rules 2.02(1) and 12.02 are to be treated as providing that a
person required under the rule to exchange a completed superannuation
information form may, if the fund to which the form relates is an accumulation
fund, instead exchange the 2 most recent member benefit statements (a
statement setting out the person’s entitlement to benefits from the fund
as at a date specified in the statement) received by the person relating to
the fund.
[(4) deleted]
(5) In Family Law
Rule 11.02, a “procedural order” is to be treated as
including a procedural direction.
(6)
Family Law Rules 11.18 and 11.19 apply to applications to transfer a case
between different sitting locations of the Court.
(6a) In Family Law
Rule 12.03, a “mediator” is to be treated as including a
family consultant and a magistrate.
(7) Family Law
Rule 12.10 is to be treated as if it contained the following
subrule —
“
(3) If a case is a
financial case each party must provide to the court and exchange with each
other party at least 7 days before a pre‑trial
conference —
(a) an
up to date conciliation conference document; or
(b) such
other document as is approved by the Principal Registrar.
”.
(8) Family Law
Rule 12.12 is to be treated as providing that the court may consider a
request under rule 12.12(1) in chambers on the documents.
(9) Family Law
Rule 13.06 is to be treated as not requiring amendments to be marked upon
a new Form 13 where a new Form 13 is required under the rule.
(10) Family Law
Rule 13.15 is to be treated as applying only if a financial order,
parenting order, order under the Assessment Act or order under the
Registration Act is amongst the orders sought.
(11) In Family Law
Rule 15.07(2), “ 14 days” is to be treated as
“21 days”.
(12) Family Law
Rule 16.12(3) is to be treated as providing that a trial date may be
vacated in exceptional circumstances by order of a judge, or by a magistrate
or registrar when all matters to be determined at the trial have been
resolved.
(13) Family Law
Rule 19.04 is to be treated —
(a) as
applying to all applications except an undefended Application for Divorce;
(b) as
applying to the first court event, conciliation conference and pre‑trial
conference and a trial; and
(c) as
requiring that a notice under subrule 19.04(1) be produced to the
presiding judicial officer at the commencement of a trial.
(14) Family Law
Rule 19.40 is to be treated as not applying to a case conducted before a
magistrate who is also the Principal Registrar, a registrar or a deputy
registrar of the Court.
(15) Family Law
Rule 22.36 is to be treated as providing that —
(a) on
the filing of a Notice of Appeal (Form 20) from a decision of a court of
summary jurisdiction, the Registry Manager is to fix a date for a procedural
hearing relating to the appeal as near as practicable to 14 days after
the filing; and
(b) if
the appeal is from a court of summary jurisdiction outside of Perth, it is to
be listed for hearing in the next practicable circuit of the Court nearest to
that court of summary jurisdiction.
[Rule 13A inserted in Gazette
26 Mar 2004 p. 1055-7; amended in Gazette 14 Jul 2006
p. 2565.]