“5A Limited application of District Courts Rules 2009

• A rule in the District Courts Rules 2009 does not apply to proceedings in a Family Court unless that rule is specifically applied by these rules.”

“Fixing date and time for hearing of application

“52A Judge may require Registrar to fix date and time for hearing of application

• “(1) A Judge may, at any time on his or her own initiative, direct the Registrar to fix a date and time for the hearing of an application.

  “(2) After a Judge gives a direction under subclause (1), the Registrar must—

  • “(a) make inquiries with the parties to obtain an estimate of the duration of the hearing of the application, if an estimate is required; and

  • “(b) fix a date and time for the hearing of the application; and

  • “(c) give notice of the date and time of the hearing of the application to—

    • “(i) the parties; and

    • “(ii) any person (not being a party) who has filed a notice of intention to appear.

“52B Parties may require Registrar to fix date and time for hearing of application

• “(1) This rule applies if—

  • “(a) the time has expired for the filing of—

    • “(i) a notice of defence; or

    • “(ii) a notice of intention to appear; and

  • “(b) a request for the convening of any of the following conferences has been disposed of:

    • “(i) a mediation conference:

    • “(ii) a settlement conference:

    • “(iii) a judicial conference.

  “(2) The Registrar must fix a date and time for the hearing of an application if there is filed an application for fixture in form G 17 that is signed by, or on behalf of, all parties.

  “(3) The Registrar may fix a date and time for the hearing of an application even though the application for fixture is not signed by all of the parties if the Registrar is satisfied that the parties who have not signed the application—

  • “(a) have refused to do so; and

  • “(b) have no reasonable reason for that refusal.

  “(4) A Registrar who fixes a date and time under subclause (2) or (3) must note on the application for fixture that he or she has done so.

  “(5) The Registrar must give notice of the date and time of the hearing of the application to—

  • “(a) the parties; and

  • “(b) any person (not being a party) who has filed a notice of intention to appear.

“52C Parties to give Registrar information affecting duration of hearing

• After receiving a notice under rule 52A(2)(c)(i) or 52B(5)(a), the parties must, without delay, give the Registrar all available information affecting the earlier estimate of the duration of the hearing.

“52D Only certain steps may be taken after notice of hearing date given

• “(1) After the Registrar has given notice of the date and time fixed for the hearing of an application, a party may only do the following:

  • “(a) file—

    • “(i) an application for leave under subclause (2):

    • “(ii) an application under rule 14 for directions:

    • “(iii) an application under rule 78 to amend a document:

  • “(b) file and serve—

    • “(i) a notice under rule 169 requiring a deponent to attend the hearing for cross-examination:

    • “(ii) further particulars in compliance with a notice issued under rule 139:

  • “(c) comply with any direction or order of the Court.

  “(2) No other step in the proceeding may be taken by a party except with the leave of a Judge granted on the application of that party.”

• “(2A) On receipt of an application made in accordance with subclauses (1) and (2), the Court may order the party referred to in subclause (1)(a) to file an affidavit stating—

  • “(a) whether certain documents or classes of documents are or have been in that party's possession, custody, or power; and

  • “(b) if the party had the documents or classes of documents but has now parted with the documents or classes of documents, when the party did so and what became of the documents or classes of documents.”

• “(b) must be served by the applicant on the party against whom the order is made.”

“179A Settlement conference becomes judicial conference if issues in dispute cannot be settled

• “(1) If the Judge presiding over a settlement conference is satisfied that the issues in dispute between the parties or intended parties cannot be settled, the Judge must, as soon as practicable, indicate to the persons attending the conference that he or she has formed that view.

  “(2) When an indication has been given under subclause (1), the settlement conference becomes a judicial conference and the Judge may make any orders and directions that a Judge may make under rule 175D.”

“292A Mediation conference becomes judicial conference if agreement cannot be reached

• “(1) If the Judge presiding over a mediation conference is satisfied that no agreement can be reached on a solution for the problem in respect of which the exercise of the Court's jurisdiction is sought, the Judge must, as soon as practicable, indicate to the persons attending the conference that he or she has formed that view.

  “(2) When an indication has been given under subclause (1), the mediation conference becomes a judicial conference and the Judge may make any orders and directions that a Judge may make under rule 295A.

  “(3) When a mediation conference becomes a judicial conference, any of the following persons present must leave the conference room if requested to do so by the Judge:

  • “(a) the child or young person who is the subject of the proceedings in respect of which the mediation conference was held:

  • “(b) any other person who is not referred to in rule 294(3).”

“349A Mediation conference becomes judicial conference if agreement cannot be reached

• “(1) If the Judge presiding over a mediation conference is satisfied that no agreement between the parties can be reached on any of the matters in issue, the Judge must, as soon as practicable, indicate to the persons attending the conference that he or she has formed that view.

  “(2) When an indication has been given under subclause (1), the mediation conference becomes a judicial conference and the Judge may make any orders and directions that the Judge may make under rule 175D.”

• “(1) This rule applies where a respondent has filed a notice of defence to an application under either of the Acts (except an application under section 32 or 37 of the Family Proceedings Act 1980).

• “(1A) Unless a Judge in a particular case orders otherwise, the Registrar must fix a date and time for the hearing of an application if there is filed in the court an application for a fixture in form G 17 signed by or on behalf of all parties.”