Family Proceedings Amendment Rules 2001

2001/378

Family Proceedings Amendment Rules 2001


Note

These rules are administered in the Ministry of Justice and the Department for Courts.


Pursuant to section 188 of the Family Proceedings Act 1980, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

1 Title
  • (1) These rules are the Family Proceedings Amendment Rules 2001.

    (2) In these rules, the Family Proceedings Rules 19811 are called the principal rules.

2 Commencement
  • These rules come into force on 1 February 2002.

3 Notification of variation of maintenance order
  • Rule 76(1) of the principal rules is amended by omitting the expression Matrimonial Property Act 1976, and substituting the expression Property (Relationships) Act 1976.

4 Schedule 1 amended
  • Form FP 21

    (1) Schedule 1 of the principal rules is amended by omitting from paragraph 4(n) of form FP 21 (declaration of financial means and their sources) the words previous marriage partner, and substituting the words former spouse or former de facto partner.

    Form FP 55

    (2) Schedule 1 of the principal rules is amended by omitting from the heading to form FP 55 (maintenance order (marriage partner or former marriage partner)) the words (Marriage Partner or Former Marriage Partner), and substituting the words (spouse, or former spouse, or former de facto partner).

    (3) Schedule 1 of the principal rules is amended by revoking from the notes to form FP 55 the paragraph headed Remarriage and that heading, and substituting the following heading and paragraph:

    Effect of new marriage or de facto relationship

    An order for future maintenance ceases to have effect if the party in whose favour the order is made marries, or enters into a de facto relationship with, someone other than the party against whom the order is made. See section 70A(2) to (4) of the Family Proceedings Act 1980. [Delete this note if the order makes no provision for future maintenance.]

    Form FP 58

    (4) Schedule 1 of the principal rules is amended by revoking from the notes to form FP 58 (paternity order (and maintenance order)) the paragraph headed Remarriage and that heading, and substituting the following heading and paragraph:

    Effect of applicant marrying or entering de facto relationship

    To the extent that this order relates to the maintenance of the applicant and has not expired earlier, it ceases to have effect if, after it is made, the applicant marries or enters into a de facto relationship. See section 81(3) of the Family Proceedings Act 1980. [Delete this note if no provision is made in this order for the maintenance of the applicant.]

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 February 2002, amend the Family Proceedings Rules 1981. Most of the changes arise from the enactment of the Family Proceedings Amendment Act 2001, which comes into force on that date, and extends maintenance provisions in the Family Proceedings Act 1980 to de facto partners. However, one change relates to the renaming of the Matrimonial Property Act 1976, on and after that date, by the Property (Relationships) Amendment Act 2001.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 December 2001.


  • 1 SR 1981/261