Clause 33

The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules —

to regulate and prescribe the procedure and practice to be followed in respect of any application to the Family Justice Courts under this Act; and

to provide for any matter incidental to or relating to the procedure and practice.(2) Without limiting subsection (1), Family Justice Rules may be made for the following purposes:

the manner in which any application to the court under this Act is to be made and dealt with, and the provisions of any written law that will apply to any such application;

giving effect to sections 65 and 66 and, in particular, providing for the hearing without delay of any application for an order under section 65(5)(a);

prescribing the procedure applicable to attachment of earnings orders, including the notification by the court to persons directed to comply with those orders;

prescribing the procedure applicable to the proceedings upon a breach of an order under section 81(2)(c) or (4)(a)(i) by a respondent;

prescribing the procedure applicable to any appeal by an MEO against the Family Court’s refusal to grant a request under section 86(3) and (4)(c);

prescribing the procedure for a party to object to the reliance by the court on any previous MEO’s report (or any part of it) under section 91;

prescribing the procedure applicable to any appeal from a Family Court brought under section 91V;

prescribing the orders under section 81 that may be made against a respondent despite the absence of the respondent in court;

prescribing how any document may be served on any person for the purposes of proceedings in the Family Justice Courts under this Act;

prescribing the fees payable in relation to proceedings in the Family Justice Courts under this Act and providing for the waiver, refund or remission of those fees;

prescribing and regulating the costs payable in proceedings in the Family Justice Courts under this Act;

providing for the forms to be used in proceedings in the Family Justice Courts under this Act;

prescribing anything that is required or permitted under this Act to be prescribed by the Family Justice Rules.(3) The Family Justice Rules may, instead of providing for any matter under subsection (1), refer to any provision made or to be made about the matter by practice directions issued for the time being by the registrar of the Family Justice Courts.(4) Unless the Family Justice Rules provide otherwise, an application to a Family Court under Part 7, 8, 9, 9A or 10C or section 126B (called in this subsection the relevant application) —

must be made in the same manner as an application for a summons is made to a District Court or Magistrate’s Court under the Criminal Procedure Code 2010; and

is to be dealt with —

as if the relevant application were a complaint for the purposes of that Code; but(ii)in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules.(5) The powers conferred by this section do not extend to any matter —

for which regulations may be made under section 91A; or

for which rules may be made under section 180(1) or (1A).(6) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.