This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 22 November 2010, amend the Family Courts Rules 2002 (the principal rules).
Rule 4 amends rule 132 of the principal rules, which provides that a time fixed for doing something may be reduced or extended with the consent of the parties or persons affected, or by an order of the court or Registrar on an interlocutory application.
Rule 4 revokes rule 132(2) to (6) and substitutes the following new subclauses:
new subclause (2) provides when a time fixed for doing something may be reduced. A Family Court Judge or a Registrar may reduce a time for doing something if the Judge or Registrar considers it appropriate in the circumstances to do so because of undue hardship or a risk of harm to any person. A Judge may make an order of this kind without an interlocutory application having been filed:
new subclause (3) provides when a time for doing something may be extended. A Family Court Judge or a Registrar may extend a time for doing something before or after the time has expired if the Judge or Registrar is satisfied that it is in the interests of justice to do so. A Judge may make an order of this kind without an interlocutory application having been filed:
new subclause (4) provides for the variation of an order reducing or extending the time fixed for doing something. A Family Court Judge or Registrar may vary an order if an interlocutory application for the purpose is filed and the Judge or Registrar considers it appropriate in the circumstances:
new subclause (5) provides that an interlocutory application made under this rule may be made without notice:
new subclause (6) provides that rule 132 is subject to every Act and any other provision in the principal rules. New subclause (5) is not, however, overridden by the principal rules because of rules 218 and 220(2).
Rule 5 amends Form G 7 in Schedule 1 of the principal rules to require the information sheet accompanying an application to include details of existing court orders between the parties, or relating to any child affected by the application.
Date of notification in Gazette: 21 October 2010.
These rules are administered by the Ministry of Justice.