27 November 2009 Executive Summary 4 Recommendations 11 Part 1: preliminary 18 1 terms of reference 18



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43Family Court of Australia – Annual Report 2007–2008, Part 2, pages 11-12.

44 The court is divided into two Divisions, the Appeal Division and the General Division: Section 21A, Family Law Act 1975.

45 Section 8, Federal Magistrates Act 1999.

46 Section 3, Federal Magistrates Act 1999,(to ‘enable the Federal Magistrates Court to operate as informally as possible in the exercise of judicial power’, to use streamlined procedures, and to ‘encourage the use of a range of appropriate dispute resolution processes’). The section also states that the main object of the Act is ‘is to create the Federal Magistrates Court under Chapter III of the Constitution’. Section 42, which provides that the Federal Magistrates Court ‘must proceed without undue formality and must endeavour to ensure that the proceedings are not protracted’, is in the same terms as s 97(3) of the Family Law Act.

47 Federal Magistrates Rules, r 1.03 (…‘to assist the just, efficient and economical resolution of proceedings’, …‘to operate as informally as possible’, to ‘use streamlined processes’, and ‘to encourage the use of appropriate dispute resolution procedures’. The rule also provides that ‘to assist the Court, the parties must ‘avoid undue delay, expense and technicality and consider options for primary dispute resolution as early as possible’. It also says that ‘if appropriate, the Court will help to implement primary dispute resolution’


48 The Explanatory Memorandum to the Federal Magistrates Bill 1999 emphasised that the procedures the Federal Magistrates develop are to be streamlined and uphold the ethos of simplicity and efficiency: Federal Magistrates Bill 1999, Explanatory Memorandum, paragraph 66. Similarly, the MOU between the two courts of 2004 said that the purpose of the Federal Magistrates Court was to ‘improve access and lower the costs of justice for less complex matters’: Memorandum of Understanding (MOU) Between the Family Court of Australia and the Federal Magistrates Court for the Provision of Services, 1 July 2004, clause 1, <http://www.fmc.gov.au/html/moufca.html>.

49 For 2007-08, family law matters comprised 91.7 per cent of the matters before the Court: Federal Magistrates Court of Australia 2007–08 Annual Report, Part 3, page 28.

50 During 2007–08, over 79 per cent of first instance family law applications were filed in the Federal Magistrates Court.

51AIFS Violence Study p. 67.

52 AIFS Violence Study p. 110.

53 AIFS Violence Study p. 67.

54 AIFS Violence Study p. vii.

55 Limitations of time for this Review mean that this discussion cannot be detailed or thoroughly researched. There are many qualifications to be made to some of the propositions made. For example, the discussion of the adversary system does not examine the extent to which public interests play a part. Nor does the discussion attempt to deal with the vast recent literature on matters of civil procedure. However some general analysis at this level is necessary, and I hope that this discussion, for all its limitations, helps to identify the problems, and the possible solutions, to the questions posed in the Terms of Reference.


56 Civil Procedure Act 2005 (NSW), s 56.

57 Although it is theoretically possible for children to be parties – s 65C(a) - in practice this is very rare.

58 U v U (2002) 29 Fam LR 74 (High Court of Australia)

59 T & N (2003) 31 Fam LR 257; (2003) FLC ¶93-172 [2003] FamCA 1129 (Moore J).

60 It is true that since the 1995 amendments the Family Law Act 1975 has limited the application of the paramountcy principle, for example to the making of parenting orders, and, read technically, it may have a less pervasive application than it did previously. See See Family Law Council, Letter of Advice on the 'Child Paramountcy Principle' in the Family Law Act 1975 (2006). However in practice it remains of fundamental and pervasive importance. Also, courts exercising jurisdiction under the Act are required by s 43 to have regard, among other things, to the need ‘protect the rights of children and to promote their welfare’.

61 Section 13C, Family Law Act.

62 Out of the Maze: Pathways to the future for families experiencing separation: Report of the Family Law Pathways Advisory Group, July 2001.

63 Broadly speaking, the other provisions in Division 12A give the courts a range of powers that increase the ability of the court to control the proceedings. The application of the rules of evidence is also modified.


64 The fifth principle repeats the language of s 97 of the Act.

65 In some areas of law, but not family law, this process is assisted by the filing of pleadings.

66 Section 21(2), Family Law Act 1975.

67 Submission 16.

68 The actual appointment of the independent children’s lawyer will depend on the availability of legal aid funds.

69 Submission 34.

70 Submission 27.

71 Submission 49. Some of the issues are considered in an important study by Patrick Parkinson, Judith Cashmore, and Judi Single, Post-Separation Conflict and the Use of Family Violence Orders. Sydney Law School Research Paper No. 09/124. Available at SSRN: http://ssrn.com/abstract=1506683.

72 Although this is a helpful list, in my view the drafting might usefully be reconsidered. As presently written, it suggests that the court is able to decide that it is in the interests of a child to spend time with the person without considering those matters; it then considers those matters in relation to what directions are required to give effect to the order. The difficulty is that it is only when the full proposed order is considered that the court can determine whether it is in the interests of a child to spend time with the parent. For example, in a situation requiring supervision, the court would not first determine that it was in the child’s interests to spend time with the parent and then think about supervision. It would consider (in the light of all relevant evidence, including the availability of a suitable supervisor) whether the particular order including its provisions relating to supervision, would be in the child’s best interests.


73 The position is helpfully explained and illustrated in T & N (2003) 31 Fam LR 257; (2003) FLC ¶93-172 [2003] FamCA 1129 (Moore J).

74 Submission 16 contains an argument against any requirement to give reasons (‘If the Court were required to provide reasons for every consent order in a duty list the current system would simply not cope and considerable extra judicial resources will be required. …. If a judgment is required then that will necessitate a considerably slower throughput of work for little obvious benefit including no obvious outcome of family violence prevention…’).

75 ‘…it has been the experience of Legal Aid lawyers that judicial officers faced with consent orders do not insist on such an explanation. It is believed that the desirability of settlement has become more important than strict adherence to the Rule. The Rule should be clarified and extended to include allegations of family violence’.

76 For example, Submissions 10, 19, 27, 34, 44, 56 and 78.

77 Section 43 (which is not in Part VII) sets out ‘Principles to be applied by courts’. They include ‘the need to protect the rights of children and to promote their welfare’, and ‘the need to ensure safety from family violence’: paragraphs (c) and (ca).

78 Family Law Reform Act 1995.

79 Family Law Amendment (Shared Parental Responsibility) Act 2006.

80More precisely, ‘if there are reasonable ground to believe that a parent of the child (or a person who lives with a parent of the child) has engaged in: (a) abuse of the child or another child who, at the time, was a member of the parent’s family (or that other person’s family); or (b) family violence’: s 61D(2).


81Section 61D(3). For an authoritative and detailed explanation of the legislation, see Goode v Goode (2006) 36 Fam LR 422; (2006) FLC 93-286.

82 Section 61D(4).

83Section 60B(1)(a) (‘ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives’); (2)(c) (‘parents jointly share duties and responsibilities concerning the care, welfare and development of their children’; and (2)(d) (‘parents should agree about the future parenting of their children’).

84Section 61D.

85This is partly because expressly including something at one place and not at another may suggest that it was deliberately excluded at the second place: see the discussion in DC Pearce and RS Geddes, Statutory Interpretation in Australia (6th ed 2006), at paragraph [4.28].

86See s 60CC(4) (court to consider the extent to which each parent has taken the opportunity to participate in making decisions about major long term issues in relation to the child, and has facilitated the other parent in doing so).

87Parental responsibility means ‘all the duties, powers, responsibilities and authority which, by law, parents have in relation to children’: s 61B. In the absence of a court order to the contrary, each parent ‘has parental responsibility’: s 61C.

88See s 61C(2), providing that the parents’ parental responsibility ‘is not affected, for example, by the parents becoming separated or by either or both of them marrying or re marrying’.


89The court must consider whether equal time would be in the child’s best interests; and whether it would be practicable; and, if it is, consider making an order for equal time: s 65DAA(1). If not, then the court must consider the same issues in relation to ‘substantial and significant’ time: s 65DAA(2).

90Sub-section (3) further elaborates sub-section (2)(e) in relation to indigenous children.

91 The last item on the list, paragraph (m), ‘any other fact or circumstance that the court thinks is relevant’

92 Goode v Goode (2006) 36 Fam LR 422; (2006) FLC 93-286, paragraph 72.

93 Section 67N(8), Family Law Act.

94 Subsection (1).

95 Further, if the intention was that the obligations would normally be discharged by way of written materials, it would have been easier to say so in the section itself.

96 Family Law Section of the Law Council of Australia, The New Family Law Parenting System, Handbook, National Seminar Series 2006, paragraph 5.2.

97 Explanatory Memoranda, Family Law Amendment (Shared Parental Responsibility) Bill 2005, p. 41.

98 2.102.

99 Attorney-General’s Department, Submission 46.1, p.9.


100 Recommendation 10, House of Representatives Standing Committee on Legal and Constitutional Affairs, Report on the Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005.

101The Senate, Legal and Constitutional Legislation Committee, Senate Report, Provisions of the Family Law Amendment (Shared Parental Responsibility) Bill 2005, March 2006, pp. 34 – 37.

102 Government response to recommendations of the Senate Legal and Constitutional Legislation Committee Report on the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (the Bill), tabled 11 May 2006, p 6.

103 The Federal Magistrates Court submission notes that of the 28 Federal Magistrates who responded to a question asked in connection with this Review, 26 had never been asked to make an order under 117AB and had never done so; the two other Federal Magistrates, both at the Parramatta registry, had made one each, in both cases on application by a party.

104 Maluka & Maluka [2009] FamCA 647.

105 Charles & Charles [2007] FamCA 276.

106 Sharma & Sharma (No. 2) [2007] FamCA 425.

107 Claringbold & James (Costs) [20108] FamCA 57.


108 Eg, Conway & Clivery [2007] FamCA 1306.

109 Submission 16 (‘This section is unnecessary’); Submission 12 (‘more likely to ferment dispute between the parties, distract from the real issue of the children’s welfare by focusing on arguments about whether statements are, or are not, false and encourage parties to litigate rather than focus on resolving the dispute’); and Submission 10.

110 Submission 88 and one of the firms contributing to submission 2, Farr Gessini and Dunn (‘We do not believe that the system discourages victims from disclosing violence’).

111 Penfold and Penfold (1980) 144 CLR 311; 5 Fam LR 579, 583; FLC 90–800.

112 For example Oriolo v Oriolo (1985) 10 Fam LR 665; FLC 91–653 (FC).

113 See In the Marriage of I and I (No 2) (1995) 22 Fam LR 557.

114 The Explanatory Memorandum to the Bill contemplates that the level of costs could vary from order to order: Explanatory Memorandum, Family Law Amendment (Shared Parental Responsibility) Bill 2005, p. 41.

115 Submission 16: (‘No application has been made before me perhaps because litigants rarely “knowingly” make a false allegation. It is often a matter of perception’).


116 See for example the Explanatory Memorandum to the 2005 bill (‘‘concerns expressed, in particular that allegations of family violence and abuse can be easily made and may be taken into account in family law proceedings’), and Bennett J in Claringbold, quoted below (‘allegations of family violence and abuse which can be easily made but, when false, are still difficult and costly to refute’).

117 A new family law system: Government Response to Every picture tells a story (June 2005).

118 The Committee’s Terms of Reference commenced: “given that the best interests of the child are the paramount consideration:(i) what other factors should be taken into account in deciding the respective time each parent should spend with their children post separation, in particular whether there should be a presumption that children will spend equal time with each parent and, if so, in what circumstances such a presumption could be rebutted…”

119 Although a few submissions put the view that there should be an equal time presumption (eg submission 32), none of them provided any reasons for concluding that the Hull Committee erred in rejecting this proposal.

120 Paragraph 2.5, quoted above.

121 See especially at paragraph 1.18 (“It is the opening statement to the inquiry terms of reference; it is the one irrefutable view held by most participants throughout the committee’s inquiry…”

122 Recommendations 1 and 2.

123 Goode v Goode (2006) 36 Fam LR 422; (2006) FLC 93-286, paragraph 72.


124 A closely related idea was that to describe parenting orders as giving one parent ‘custody’ or even ‘residence’, and the other merely ‘contact’ or ‘access’, also tended to create the impression that one parent was to be the primary parent and the other parent was to play a more marginal role. Hence, the 2006 amendments removed such language from the description of court orders.

125 Mazorski v Albright (2007) 37 Fam LR 518, at 526.

126 See B Rodgers, B Smyth and E Robinson, ‘Mental Health and the Family Law System’ (2004) 10 Journal of Family Studies 50-70.

127 H. Rhoades, ‘Revising Australia’s parenting laws: A plea for a relational approach to children’s best interests’ (2010) Child and Family Law Quarterly (forthcoming).

128 H. Reece, ‘UK women's groups' child contact campaign: “so long as it is safe”’ (2006) 18 Child and Family Law Quarterly 538 [Rhoades’ footnote].

129 http://www.frsa.org.au/UserFiles/Holmes%20Speech%20FLSC%2019%20Feb%20Final%20(1).pdf. [Rhoades’ footnote].

130 Recommendation 2 was that there should be ‘a clear presumption against shared parental responsibility with respect to cases where there is entrenched conflict, family violence, substance abuse or established child abuse, including sexual abuse’.


131 See paragraph 2.41. In its Discussion Paper, the Government agreed with this: ‘Entrenched conflict can make it very difficult for equal shared parenting to work. It is also not likely to be in the best interests of the child where there is violence or child abuse. For these reasons, the presumption would be against equal shared parental responsibility where there is evidence of violence, child abuse or entrenched conflict.’ However in mid-2005 it changed its mind: ‘In relation to entrenched conflict, it could be argued that any case that reaches a final court hearing involves entrenched conflict. Making entrenched conflict a ground for applying a presumption against joint parental responsibility could mean the courts would rarely be able to apply the proposed new presumption in favour of joint parental responsibility…’ : A new family law system: Government Response to Every picture tells a story (June 2005.

132 A new family law system: Government Response to Every picture tells a story (June 2005) (‘Making entrenched conflict a ground for applying a presumption against joint parental responsibility could mean the courts would rarely be able to apply the proposed new presumption in favour of joint parental responsibility’).

133 Submission 10.

134 For example in paragraph 2.39.

135 The recommendation was that they should be required ‘to assist parents for whom the presumption of shared parenting responsibility is applicable, to first consider a starting point of equal time where practicable’.


136 Recommendation 5, last paragraph.

137 Section 61DA.

138 Section 65DAC.

139 If some adjective is thought necessary, ‘full’ would be better than ‘equal’ or ‘joint’.

140 Submissions: 8, 28, 31, 34, 38, 56, 63 and 95.

141 The present wording is “any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child’s views.”

142 See the discussion in P. Parkinson and J Cashmore, The Voice of a Child in Family Law Disputes (OUP, 2008) pp. 200-205.

143 The words ‘provide for the child’s safety, welfare and well-being’ are taken from The Children and Young Persons (Care and Protection) Act 1998 (NSW), section 8(a) and (c). The first of the two ‘objects’ stated in that section is ‘to provide that children … receive such care and protection as is necessary for their safety, welfare and well-being, taking into account the rights, powers and duties of their parents or other persons responsible for them’. The third, which refers to appropriate assistance being rendered to parents and others responsible for children, refers to the ‘the performance of their child-rearing responsibilities in order to promote a safe and nurturing environment’.

144 Even this is not entirely satisfactory, since it might be thought that such orders, though not falling under that paragraph, could be considered under old paragraph (l)( any other fact or circumstance).


145 For a recent study on family violence orders, see Parkinson, Patrick, Cashmore, Judith and Single, Judi P., Post-Separation Conflict and the Use of Family Violence Orders (November 15, 2009). Sydney Law School Research Paper No. 09/124. Available at SSRN: http://ssrn.com/abstract=1506683.

146 Farrer, Gesini & Dunn solicitors, (part of submission 2).

147 The awkwardness of the drafting of s 60B(2) is underlined by the words in brackets “(except when it is or would be contrary to a child’s best interests)” that introduce the list. This wording involves a puzzling idea, that a child can have a ‘right’ to something that in some circumstances is contrary to the child’s interests.

148 As noted elsewhere, under s 61C ‘each parent has’ parental responsibility, and the legal obligation to consult arises only if the court makes an order for shared parental responsibility: s 65DAC.

149 The Hull Committee was very aware of this, as can be seen from its emphasis on the majority of families in eg paragraph 2.6.

150 Submission 17 suggested an alternative approach, namely the inclusion into the definition of the following: (‘a subjective perception that a person has been subject to family violence does not constitute Family Violence’). Submission 27: (‘remove test of reasonableness’).

151 Submission 17: (‘It is submitted that the present drafting of the definition of Family Violence in section 4 is too vague. Decisions have been inconsistent with the plain wording. Given that both the presumptions of equal shared parental responsibility and the exceptions to participation in Family Dispute Resolution rely on this definition, it is submitted that the definition needs to be expanded and clarified. The re-wording of the definition, in a plain English fashion, will make it easier for both parties and the Court to identify what conduct does, or does not, constitute Family Violence’).


152 Submission 28: (‘amend definition so that it recognises that violence against a parent is violence against a child’); Submission 43: (‘include ‘psychological harm’’); an opposed position included Submission 50: (‘Family law courts should disregard allegations of emotional violence’).

153 Submissions: 19 and 56.

154 Submissions: 28, 34, 95 and 100.

155 Submissions: 2, 31, 79 and 87.

156 Submission 14.

157 Submission 10

158 Children, Youth and Families Act 2005 (Vic), Child Protection Act 1999 (Qld), Children and Community Services Act 2004(WA), Children’s Protection Act 1993 (SA), Children, Young Persons and Their Families Act 1997 (Tas), Care and Protection of Children Act (NT), Children and Young Persons Act 2008 (ACT).

159 Family Violence Protection Act 2008 (Vic), Preamble.

160 See Integrated Client Service Delivery featuring Mental Health Support: Final Report: a family law courts’ skilling and client support program (Family Law Courts and LIFE, January 2009).

161 Information received indicated that the work done by the Women’s Family Law Support Service is of particular value to victims of family violence.

162 Submission 26.


163 Submission 26, expressing concern that delays in family dispute resolution can lead to men not seeing their children for as long as 6 months.

164 Those closer to the ‘front line’ will be better able than me to assess whether there should also be such programs for women who are violent.

165 How to deal with Domestic Violence: a self help book for men who want to change (Department for Community Development in Western Australia, Men’s Domestic Violence Helpline and Freedom from Fear).

166 Submission 1.

167 This detailed policy addresses screening for family violence, safety, power imbalances, situations where a restraining order is in place, cultural issues, training and supervision, case management and community liaison. The Court’s policy in relation to the ordering and preparation of family reports also addresses family violence.

168 This detailed policy addresses definitions of family violence, the major provisions of the Family Violence Strategy, the obligations imposed on family courts by section 60K of the Family Law Act, the process of identifying cases involving family violence, a checklist for managing court events and suggested risk and screening assessment questions that can be asked by registrars prior to a court event.

169 The section 60K and Notice of Child Abuse or Family Violence process is discussed in Part 2, above.

170 Dobinson Davey Clifford Simpson, solicitors (part of Submission 2).


171 Watts McCray McGuinness Eley, solicitors (part of Submission 2)

172 Women’s Legal Centre (part of Submission 2).

173 The ALRC’s inquiry is into ‘the interaction in practice of State and Territory family/domestic violence and child protection laws with the Family Law Act and relevant Commonwealth, State and Territory criminal laws’.

174 Submission 43.

175 Submissions: 1, 28, 31, 34, 36, 38, 53, 55, 56, 58, 59, 62, 65, 67 and 99.

176 Submission 38 and 58.

177 Submission 30.

178 Phelps Reid (part of Submission 2).

179 Women’s Legal Centre (part of Submission 2).

180 Strong Law (part of Submission 2).

181 Submission 30.

182 Submission 1 (the court ‘seems to still refer violence cases to FDR although they have already been exempt’).

183 Submission 14.

184 Submission 102.

185 Submission 96.

186 Re K (1994) 17 Fam LR 537.


187 Lancet & Lancet [2008] FMCAfam 525 (Reithmuller FM).

188 Submission 34.

189 As suggested by Submission 34.

190 It is discussed in some detail by Benjamin J in Maluka & Maluka [2009] FamCA 647.

191 Submission 98.

192 Section 10F, Family Law Act 1975.

193 Family Relationships Online, Family Dispute Resolution, .

194 Subsection 60I(7), subsection 60I(9), Family Law Act 1975.

195 Subsection 60I(1), Family Law Act 1975.

196 Schedule 1, Family Law (Family Dispute Resolution Practitioners) Regulations 2008.

197 Paragraph 60I(9)(b), Family Law Act 1975.

198 Acknowledgment - Information from a Family Counsellor or Family Dispute Resolution Practitioner, <http://www.familycourt.gov.au>; subsection 60J(4), Family Law Act 1975.


199 Subsection 60J(2), Family Law Act 1975.

200 Family Law Amendment (Shared Parental Responsibility) Bill 2005, Explanatory Memorandum, paragraph 107.

201 Paragraph 65F(2)(b), Family Law Act1975.

202 Subsection 65F(3), Family Law Act1975.

203 Section 13C, Family Law Act 1975.

204 Section 11E, Family Law Act 1975.

205 Section 10D, section 10H, Family Law Act 1975.

206 Section 10E, section 10J, Family Law Act 1975.

207 Section 13D, Family Law Act 1975.

208 Rule 1.05, Family Law Rules 2004.

209 Subclause 1(5), Part 2, Schedule 1, Family Law Rules 2004.

210 Family Court of Australia, Before you file - pre-action procedure for parenting cases, .


211 Family Court of Australia, Before you file - pre-action procedure for parenting cases, .

212 Paragraph 1(1)(a), Part 2, Schedule 1, Family Law Rules 2004.

213 Subclause 3(5), Part 2, Schedule 1, Family Law Rules 2004.

214 Subclause 1(1), Part 2, Schedule 1, Family Law Rules 2004.

215 Paragraph 1(6)(i) and clause 4, Part 2, Schedule 1, and subrule 13.01(2) Family Law Rules 2004.

216 Chapter 13, Family Law Rules 2004; Family Court of Australia, Duty of Disclosure (brochure), .

217 Subclause 1(6), Part 2, Schedule 1, Family Law Rules 2004.

218 Paragraph 1.05(2)(a), Family Law Rules 2004.

219 Rule 2.01, Family Law Rules 2004.

220 Part A, Initiating Application (Family Law), <http://www.familycourt.gov.au>, viewed 16 September 2009.


221 Rule 5.02, Family Law Rules 2004.

222 Rule 7.03, Family Law Rules 2004.

223 Rule 7.05, Family Law Rules 2004.

224 Rule 2.03, Family Law Rules; section 12F Family Law Act 1975; Family Court of Australia, Marriage, families and separation (Family Law Courts prescribed brochure), .

225 Rule 9.01, Family Law Rules 2004.

226 Rule 9.07, Family Law Rules 2004.

227 Subrule 9.01(3), Family Law Rules 2004.

228 Rule 9.02, Family Law Rules 2004.

229 Rule 2.02, Family Law Rules 2004.

230 Rule 2.02, Family Law Rules 2004.

231 Family Court of Australia, Affidavit – Non-filing of Family Dispute Resolution Certificate, .

232 Family Court of Australia, Affidavit – Non-filing of Family Dispute Resolution Certificate, Part C, .


233 Rule 1.10, Family Law Rules 2004.

234 Paragraph 1.10(2)(d), Rule 11.03, Family Law Rules 2004.

235 Section 60J, Family Law Act 1975.

236 Subsection 60J(2), Family Law Act 1975.

237 Acknowledgment - Information from a Family Counsellor or Family Dispute Resolution Practitioner, .

238 Acknowledgment - Information from a Family Counsellor or Family Dispute Resolution Practitioner, .

239 Section 67Z, Family Law Act 1975.

240 Subsection 4(1), Family Law Act 1975.

241 Section 60K, Family Law Act 1975.

242 Rule 2.04D, Family Law Rules 2004.

243 Rules 2.04, 2.04B, Family Law Rules 2004.


244 Rule 7.04, Family Law Rules 2004.

245 Section 67Z, Family Law Act 1975.

246 The matters supporting the Form 4 may well have been addressed in the affidavit filed in support of the Application in a case, if so, no further affidavit needs to be filed.

247 Family Court of Australia, A Notice of Child Abuse or Family Violence, Part E, Question 7, p. 3, .

248 Family Court of Australia, A Notice of Child Abuse or Family Violence questions 7, 11, 15 and 19.

249 Section 60CF, Family Law Act 1975.

250 Rule 2.05, Family Law Rules 2004.

251 Subrule 2.05(2), Family Law Rules 2004.

252 Rule 5.01, Family Law Rules 2004.

253 Rule 5.03, Family Law Rules 2004.

254 Rule 5.02, Family Law Rules 2004.

255 Rule 9.05, Family Law Rules 2004.


256 Rule 9.06, Family Law Rules 2004.

257 Subrule 9.08(1), Family Law Rules 2004.

258 Subrule 9.08(2), Family Law Rules 2004.

259 Rule 5.09, Family Law Rules 2004.

260 Rule 9.07, Family Law Rules 2004.

261 Subrule 9.08(3), Family Law Rules 2004.

262 Rule 5.12, Family Law Rules 2004.

263 Rule 5.12, Family Law Rules 2004.

264 Rule 5.12, Family Law Rules 2004.

265 Rule 5.13, Family Law Rules 2004.

266 Rule 2.04C, Family Law Rules 2004.

267 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, p. 13.


268 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, p. 3.

269 Subsection 60K(2), Family Law Act 1975.

270 Subrule 5.08(a), Family Law Rules 2004.

271 Subrule 5.08(c), Family Law Rules 2004.

272 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part C, p. 7.

273 Subrule 5.10(1), Family Law Rules 2004.

274 Rule 5.09, Family Law Rules 2004.

275 Subrule 5.10(2), Family Law Rules 2004.

276 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part C, p. 7.

277 Rule 5.14, Family Law Rules 2004.

278 Subrule 5.15(a), Family Law Rules 2004.


279 Subrule 5.15(b), Family Law Rules 2004.

280 Rule 5.16, Family Law Rules 2004.

281 Rule 5.17, Family Law Rules 2004.

282 Subrule 5.08(e), Family Law Rules 2004.

283 Rule 5.05, Family Law Rules 2004.

284 Rule 4.03, Family Law Rules 2004.

285 Rule 12.04, Family Law Rules 2004. The duty Registrar deals with the chambers considerations at filing eg s 60K and 60I and requests for urgent or without notice listings. Thereafter a Registrar conducts court events such as the initial procedural hearing.

286 Subrule 12.04, Family Law Rules 2004.

287 Paragraph 12.04(2)(a), Family Law Rules 2004.

288 Section 11F, Family Law Act 1975.

289 Section 11B, section 38N Family Law Act 1975.


290 Family Court of Australia Brochure, The Child Responsive Program, <http://www.familycourt.gov.au>, p. 1.

291 McIntosh, Jennifer E., Long, Caroline, The Child Responsive Program, operating within the Less Adversarial Trial: A follow up study of parent and child outcomes, Report to the Family Court of Australia, July 2007, p. 5.

292 Developed by P. R. Kropp, Ph.D., S. D. Hart, Ph.D., C.D. Webster, Ph.D., & D. Eaves, M.B.

293 Description drawn from MHS, http://downloads.mhs.com/saRA/SARA_TechBrochure.pdf, viewed October 2009.

294 Section 67ZA, Family Law Act 1975.

295 Section 10P, Family Law Act 1975.

296 Family Court of Australia Brochure, The Child Responsive Program, <http://www.familycourt.gov.au>, p. 2.

297 Rule 12.09, Family Law Rules 2009.

298 Rule 12.09, Family Law Rules 2009.

299 Rule 13.15, Family Law Rules 2004.

300 Rule 13.16, Family Law Rules 2004.


301 Paragraph 12.09(2)(e), Family Law Rules 2004.

302 Paragraph 12.09(2)(g), Family Law Rules 2004.

303 Paragraph 12.09(2)(c), Family Law Rules 2004.

304 Paragraph 12.09(2)(d), Family Law Rules 2004.

305 Section 68L, Family Law Act 1975.

306 Subsection 68LA, Family Law Act 1975.

307 Section 68M, Family Law Act 1975.

308 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, Part A, p. 2.

309 Rule 8.02, Family Law Act 1975.

310 Subrule 7.04(3), Family Law Rules 2001.

311 Paragraph 68l(4)(b), Family Law Act 1975.

312 Paragraph 68l(4)(a), Family Law Act 1975.


313 Subrule 8.02(1), Family Law Rules 2001.

314 Rule 11.01, Family Law Rules 2001.

315 Rule 18.06, Family Law Rules 200 (noting. the reference to ‘Deputy Registrar’ in Chapter 18 of the Rules is the same officer of the court referred to as ‘Registrar’).

316 Paragraph 12.09(2)(b), Family Law Rules 2001.

317 Paragraph 8.02(2)(a), Family Law Rules 2001

318 Paragraph 8.02(2)(b), Family Law Rules 2001.

319 Rule 15.77, Family Law Rules 2004.

320 Family Court of Australia, Questionnaire – Parenting, .

321 Rule 16.02, Family Law Rules 2004.

322 Note, Rule 16.02, Family Law Rules 2004.

323 Rule 16.07, Family Law Rules 2004.


324 Subrule 16.07(1), Family Law Rules 2004.

325 Subrule 16.07(2), Family Law Rules 2004.

326 Subrule 16.07(3), Family Law Rules 2004.

327 Rule 16.05, Family Law Rules 2004. This Rule applies to all court events that are Judge managed.

328 Subrule 16.05(3), Family Law Rules 2004.

329 Rule 16.05, Family Law Rules 2004.

330 Family Court of Australia, Family Court of Australia pathways, <http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Family+Court+of+Australia+pathways/#3>.

331 Family Court of Australia, Less Adversarial Trial, http://www.familycourt.gov.au/wps/wcm/resources/file/eba69f063453961/BRLessAdv_0609.pdf, pages 2 and 3.

332 Rule 1.14, Family Law Rules 2004.

333 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part H, p. 13.


334 Paragraph 12.10A(4)(b), Family Law Rules 2004.

335 Paragraph 12.10A(4)(d), Family Law Rules 2004.

336 Paragraph 12.10A(4)(f), Family Law Rules 2004.

337 Paragraph 12.10A(4)(g), Family Law Rules 2004.

338 Subsection 69ZN(4), Family Law Act 1975.

339 Rule 16.08, Family Law Rules 2004.

340 Paragraph 16.08(3)(a), Family Law Rules 2004.

341 Rule 16.04, Family Law Rules 2004. See also Rule 15.71, Family Law Rules 2004.

342 Section 69ZX, Family Law Act 1975.

343 Paragraph 16.08(3)(b), Family Law Rules 2004.

344 Section 69ZS, Family Law Act 1975.

345 Paragraph 16.08(3)(c), Family Law Rules 2004.


346 Section 69ZU, Family Law Act 1975.

347 Family Court of Australia Brochure, The Child Responsive Program, <http://www.familycourt.gov.au>, p. 3.

348 Family Court of Australia, Questionnaire – Parenting, .

349 Paragraph 69ZQ(1)(f), Family Law Act 1975.

350 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part D, p. 8.

351 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part D, p. 8.

352 Section 62G, Family Law Act 1975, Paragraph 16.04(1)(v), Family Law Rules 2004.

353 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part A, p. 3.

354 Subsection 62G(2), Family Law Act 1975.

355 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part B, p. 5 - 6. The Principles note that the factors that the Family Court may consider are drawn from the Guidelines for Good Practice on Parental Contact in Cases where there is Domestic Violence, Prepared by the Children Act Sub Committee of the Lord Chancellor’s Advisory Board on Family Law, April 2002.


356 Rule 15.04, Family Law Rules 2004.

357 Rule 15.04, Family Law Rules 2004.

358 Subsection 62G(8), Family Law Act 1975; Rule 15.04(b), Family Law Rules 2004.

359 Rule 15.04, Family Law Rules 2004.

360 Family Court of Australia Brochure, The Child Responsive Program, <http://www.familycourt.gov.au>, p. 2.

361 Subsection 62G(2), Family Law Act 1975.

362 Family Court of Australia Brochure, The Child Responsive Program, <http://www.familycourt.gov.au>, p. 3.

363 Section 69ZS, Family Law Act 1975.

364 Section 11A, Family Law Act 1975.

365 Paragraph 69ZX(1)(d), Family Law Act 1975.

366 Subparagraph 69ZX(1)(d)(iii), Family Law Act 1975.


367 Rule 15.48, Family Law Rules 2004.

368 Subrule 15.48(3), Family Law Rules 2004.

369 Rule 15.46, Family Law Rules 2004.

370 Subrule 15.46(a), Family Law Rules 2004.

371 Subrule15.46 (b), Family Law Rules 2004.

372 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part B, p. 5.

373 Subparagraph 69ZX(1)(d)(i), Family Law Act 1975.

374 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part B, p. 5 - 6.

375 Rule 15.44, Family Law Rules 2004.

376 Rule 15.42, Family Law Rules 2004.

377 Subrule 15.48(2), Family Law Rules 2004.

378 Rule 15.44, Family Law Rules 2004.


379 Rule 15.52, Family Law Rules 2004.

380 Paragraph 15.55 (1) (a)), Family Law Rules 2004.

381 Rule 16.09, Family Law Rules 2004.

382 Subrule 16.09(2), Family Law Rules 2004.

383 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part D, p. 8.

384 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part E.

385 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part F.

386 Section 65L, Family Law Act 1975.

387 Section 65L, Family Law Act 1975.

388 Family Court of Australia Brochure, The Child Responsive Program, op cit, p. 3.

389 Section 62B, Family Law Act 1975.

390 Section 11E, Family Law Act 1975.


391 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, op cit, Part C, p. 7.

392 Subsection 60I(9), Family Law Act 1975.

393 Rule 10.15, Family Law Rules 2004

394 Paragraph 10.15(1)(b), Family Law Rules 2004.

395 Subrule10.15(1A), Family Law Rules 2004.

396 Family Court of Australia, Application for Consent Orders kit – supplement, .

397 Rule 18.06, Family Law Rules 2004.

398 Family Court of Australia, Application for Consent Orders Kit, Part A, <http://www.familycourt.gov.au/>

399 Family Court of Australia, Application for Consent Orders Kit, Part A, op cit.

400 Subrule 10.15(1), Family Law Rules 2004.

401 Subrule 8.02 (4)).


402 Rule 10.17, Family Law Rules 2004.

403 Subsection 60CC(5), Family Law Act 1975.

404 Rule 10.15A, Family Law Rules 2004.

405 Paragraph 10.15A(2)(b), Family Law Rules 2004.

406 Paragraph 10.15A(2)(a), Family Law Rules 2004.

407 Subparagraphs 10.15A(2)(a)(i)-(iii), Family Law Rules 2004.

408 Paragraph 10.15A(3)(a), Family Law Rules 2004.

409 Paragraph 10.15A(3)(b), Family Law Rules 2004.

410 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, Part G, p. 12.

411 Subsection 60CC(5), Family Law Act 1975.

412 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, Part G, p. 12.


413 Family Court of Australia, Best Practice Principles for use in Parenting Disputes when Family Violence or Abuse is Alleged, Part G, p. 12.

414 Rule 5.06, Family Law Rules 2004.

415 Subrule 5.06(5), Family Law Rules 2004.

416 The submission by Hartnett FM provides a picture of how the docket system works in the Federal Magistrates Court.

417 Federal Magistrates Court of Australia 2007–08 Annual Report, Part 2, page 14.

418 Subrule 1.03(2), Federal Magistrates Court Rules 2001.

419 Section 13C, Family Law Act 1975.

420 Subrule 1.03(5), Federal Magistrates Court Rules 2001.

421 Section 10D, 10E, 10H, 10J and 13D, Family Law Act 1975

422 Rule 23.01, Federal Magistrates Court Rules 2001.

423 Federal Magistrates Court, Annual Report 2007-2008, p. 52.

424 Subrule 2.04(1A), Federal Magistrates Court Rules 2001.


425 The following forms have been approved for use by the Chief Federal Magistrate for use in parenting proceedings before the Federal Magistrates Court: Initiating Application (family law), Response, Form 4: Notice of Child Abuse or Family Violence, Application - Contravention, Form 46: Enforcement summons, Affidavit - Non-Filing of Dispute Resolution Certificate, Acknowledgment - Information from a Family Counsellor or Family Dispute Resolution Practitioner. <http://www.fmc.gov.au/forms/html/family_law.html>.

426 Some of the forms used in the Federal Magistrates Court are designed for use in a range of areas other than family law. In this regard the Federal Magistrates Court needs to balance the competing benefits of uniformity between the two family law courts and with the desirability of using some forms for a range of matters in the Federal Magistrates Court.

427 Subrule 2.04(2), Federal Magistrates Court Rules 2001.

428 Subrule 2.04(3), Federal Magistrates Court Rules 2001.

429 Subrule 4.01(1), Federal Magistrates Court Rules 2001.

430 Federal Magistrates Court of Australia, Family Law Forms, <http://www.fmc.gov.au/forms/html/family_law.html>.

431 Rule 4.05, Federal Magistrates Court Rules 2001.


432 Paragraph 4.01(3)(b), Federal Magistrates Court Rules 2001.

433 Rule 6.03, Federal Magistrates Court Rules 2001.

434 Rule 6.06, Federal Magistrates Court Rules 2001.

435 Rule 6.19, Federal Magistrates Court Rules 2001.

436 Rule 6.07, Federal Magistrates Court Rules 2001.

437 Section 12F, Family Law Act 1975.

438 Schedule 3, and Rule 1.05, Federal Magistrates Court Rules 2001.

439 Federal Magistrates Court of Australia, Family Law Forms, <http://www.fmc.gov.au/forms/html/family_law.html>.

440 The two family law courts have made progress in using some common forms, although some forms used by the Federal Magistrates Court for matters other than family law have no equivalent in the Family Court of Australia.

441 Subrule 4.04(1), Federal Magistrates Court Rules 2001.

442 Subrule 4.04(2), Federal Magistrates Court Rules 2001.


443 Subrule 4.05(1), Federal Magistrates Court Rules 2001.

444 Rule 4.03, Federal Magistrates Court Rules 2001.

445 Subrule 4.07(1), Federal Magistrates Court Rules 2001.

446 Rule 4.07, Federal Magistrates Court Rules 2001.

447 Practice Direction No. 2 of 2008, Family Dispute Resolution – Applications for orders under Part VII of the Family Law Act 1975, is available at <http://www.fmc.gov.au/practice/html/022008.html>, viewed October 2009.

448 Practice Direction No. 2 of 2008, Family Dispute Resolution – Applications for orders under Part VII of the Family Law Act 1975, is available at <http://www.fmc.gov.au/practice/html/022008.html>, viewed October 2009.

449 I understand that in practice the pro forma affidavit is a seen as a helpful checklist for litigants in person and is often used by the Federal Magistrates Court in Brisbane.

450 Section 104, Federal Magistrates Act 1999.

451 Rule 20.01, Federal Magistrates Court Rules 2001.


452 Section 60J, Family Law Act 1975.

453 Subsection 60J(2), Family Law Act 1975.

454 Item 13, Rule 20.00A, Federal Magistrates Court Rules 2001.

455 Subsection 67Z(3), Family Law Act 1975.

456 Subsection 60K(2), Family Law Act 1975.

457 Subsection 60K(2A), Family Law Act 1975.

458 Paragraph 60K(2)(c), Family Law Act 1975.

459 Subsection 4(1), Family Law Act 1975.

460 Subrule 1.05(2), Federal Magistrates Court Rules 2001.

461 Subrule 1.05(3), Federal Magistrates Court Rules 2001

462 Section 43, Federal Magistrates Act 1999.

463 Rules 2.04, 2.04B, Family Law Rules 2004.

464 Rule 2.04D, Family Law Rules 2004.


465 This is noted on the FMC webpage Family Law Forms, which includes the Form 4 in the list of documents approved by the Chief Federal Magistrates for use in the Court, under subrule 2.04(1A) of the Federal Magistrates Court Rules: Federal Magistrates Court, Family Law Forms, <http://www.fmc.gov.au/forms/html/family_law.html>, viewed October 2009.

466 Rule 20.00A, Federal Magistrates Court Rules 2001.

467 Section 60CF, Family Law Act 1975.

468 Rule 2.05, Family Law Rules 2004.

469 Family Law Courts, Federal Magistrates Court: The Court Process – Family Law, <http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Federal+Magistrates+Court+requirements/>, viewed October 2009.

470 Family Law Courts, Federal Magistrates Court: The Court Process – Family Law, <http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Federal+Magistrates+Court+requirements/>, viewed October 2009.

471 Rule 10.01, Federal Magistrates Court Rules 2001.


472 Subrule 10.01(1), Federal Magistrates Court Rules 2001.

473 Subrule 10.01(3), Federal Magistrates Court Rules 2004.

474 Subrule 10.01(3), Federal Magistrates Court Rules 2004.

475 Rule 10.03, Federal Magistrates Court Rules 2004.

476 Family Law Courts, Federal Magistrates Court: The Court Process – Family Law, <http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Federal+Magistrates+Court+requirements/>, viewed October 2009.

477 Federal Magistrates Court, Information Notices, Conducting Your Case, Family Law And Child Support, .

478 Rule 5.01, Federal Magistrates Court Rules 2001.

479 Paragraph 5.03(1)(d) Federal Magistrates Court Rules 2001.

480 Paragraph 5.03(1)(g), Federal Magistrates Court Rules 2001.

481 Paragraphs 5.03(1)(b)-(c), Federal Magistrates Court Rules 2001.

482 Paragraph 5.03(1)(e), Federal Magistrates Court Rules 2001.


483 Paragraph 5.03(1)(h), Federal Magistrates Court Rules 2001.

484 Rule 5.01, Federal Magistrates Court Rules 2001.

485 Subrule 10.001(3), Federal Magistrates Court Rules 2001.

486 Section 11F, Family Law Act 1975.

487 Rule 20.00A, Federal Magistrates Court Rules 2001.

488 Rule 10.05, Federal Magistrates Court Rules 2001.

489 Federal Magistrates Court Of Australia, Federal Magistrate Altobelli, Wollongong Registry,

Notice To The Profession Of Change In Procedure: Duty Lists, effective as of 20 August 2008, , viewed October 2009.

490 Subrule 10.05(2), Federal Magistrates Court Rules 2001.

491 Rule 10.05, Federal Magistrates Court Rules 2001.

492 Federal Magistrates Court, Dispute Resolution in Family Law Proceedings, http://www.fmc.gov.au/pdr/html/family.html#6, viewed October 2009.


493 Subrule 12.03(1), Federal Magistrates Court Rules 2001

494 Rules 12.02, 12.03, Federal Magistrates Court Rules 2001.

495 Subrule 12.03(2), Federal Magistrates Court Rules 2001.

496 Rule 12.04, Federal Magistrates Court Rules 2001.

497 Subrule 12.07(1), Federal Magistrates Court Rules 2001.

498 Subrules 12.07(2)-(3), Federal Magistrates Court Rules 2001.

499 Section 68L, Family Law Act 1975.

500 Subsection 68LA, Family Law Act 1975.

501 Section 68M, Family Law Act 1975.

502 Item 18, Rule 20.00A, Federal Magistrates Court Rules 2001.

503 Rule 6.03, Federal Magistrates Court Rules 2001.

504 Section 67, Federal Magistrates Act 1999.


505 Section 66, section 68, Federal Magistrates Act 1999.

506 Paragraph 66(4)(b), paragraph 67(2)(b), paragraph 68(2)(b), Federal Magistrates Act 1999.

507 Section 69, Federal Magistrates Act 1999.

508 Paragraph (1)(c), paragraph 69(3)(c), Federal Magistrates Act 1999.

509 Subsection 14(c), Federal Magistrates Act 1999.

510 Subsection 14(d), Federal Magistrates Act 1999.

511 Rule 16.01, Federal Magistrates Act 1999.

512 Family Law Courts, Federal Magistrates Court: The Court Process – Family Law, <http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Federal+Magistrates+Court+requirements/>, viewed October 2009.

513 Division 12A, Part VII, Family Law Act 1975.

514 Section 69ZN, Family Law Act 1975.

515 Family Law Courts, Federal Magistrates Court: The Court Process – Family Law, <http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/About+Going+to+Court/Federal+Magistrates+Court+requirements/>, viewed October 2009.


516 Section 63, Federal Magistrates Act 1999.

517 Subsection 38N(1)(d), Family Law Act 1975.

518 Section 111A, Federal Magistrates Act 1999.

519 Subsection 11B(c), Family Law Act 1975.

520 Regulation 7, Family Law Regulations 1984.

521 Federal Magistrates Court, Annual Report 2007-2008, p. 52.

522 Subsection 11A(a), Family Law Act 1975.

523 Subsection 11A(e), Family Law Act 1975.

524 Subsection 11A(c), Family Law Act 1975.

525 Subsection 11A(b), Family Law Act 1975.

526 Section 62G, Family Law Act 1975.

527 Section 69ZS of the Family Law Act 1975 permits the Court to designate a Family Consultant as the Family consultant for the child-related proceedings at any time during the proceedings.

528 Subrule 23.01A(1), Federal Magistrates Court Rules 2001.


529 Subsection 62G(1), Family Law Act 1975

530 Subrule 23.01A(2), Federal Magistrates Court Rules 2001.

531 Subparagraphs 23.01A(2)(a)(iv)-(v), Federal Magistrates Court Rules 2001.

532 Paragraph 23.01A(2)(b), Federal Magistrates Court Rules 2001.

533 Subsection 62G(8), Family Law Act 1975.

534 Paragraph 23.01A(5)(c), Federal Magistrates Court Rules 2001.

535 Subsection 23.01A(5), Federal Magistrates Court Rules 2001.

536 Paragraph 69ZX(1)(d), Family Law Act 1975.

537 Subparagraph 69ZX(1)(d)(iii), Family Law Act 1975.

538 Rule 15.09, Federal Magistrates Court Rules 2001.

539 Rule 15.09, Federal Magistrates Court Rules 2001.


540 Rule 15.10, Federal Magistrates Court Rules 2001.

541 Subrule 15.10(3), Federal Magistrates Court Rules 2001.

542 Rule 15.12, Federal Magistrates Court Rules 2001.

543 Rule 15.08, Federal Magistrates Court Rules 2001.

544 Section 65L, Family Law Act 1975.

545 Section 65L, Family Law Act 1975.

546 Section 62B, Family Law Act 1975.

547 Section 11E, Family Law Act 1975.

548 Section 32, Federal Magistrates Act 1999.

549 Rule 13.04, Federal Magistrates Court Rules 2001.

550 Subrule 13.04(3), Federal Magistrates Court Rules 2001.

551 Rule 13.05, Federal Magistrates Court Rules 2001.




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