3. General definitions (P. 1, r. 3)

Unless otherwise provided in these Rules —

“action” means proceedings commenced by an originating application or in accordance with Part 3;

“appellate Court” means the Court to which an appeal is brought or is being brought;

“Appellate Division” means the Appellate Division of the High Court;

“applicant” means a person who commences an action, and includes a party in the position of an applicant in a cross‑application;

“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;

“bailiff” includes the Registrar, any clerk or other officer of the Court charged with the duties of a bailiff;

“child” means an individual who is below 21 years of age;

“Civil Procedure Convention” means any of the conventions set out in the First Schedule and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the Court;

“cross-application” has the same meaning as “originating application”;

“entity” means any body of persons, whether incorporated or unincorporated;

“Family Division” means the Family Division of the High Court;

“Judge” means a judge of the Family Division, a judge of a Family Court or a judge of a Youth Court and includes, in cases where he or she is empowered to act, a Registrar, as the case may require;

“lower Court” means the Court against which judgment or order an appeal is brought or being brought;

“non-court day” means a Saturday, Sunday or public holiday;

“non-party” means any person who is not a party in the action and includes a person who participates in the action because of a statutory duty or because he or she may be affected by the Court’s decision in the action;

“Objectives” means the Objectives set out in Part 1, Rule 4(2);

“officer” means an officer of the Family Justice Courts;

“originating application” means an originating process by which an action is commenced in Court as described in Part 5, Rule 1(1);

“originating application without notice” means an originating process by which an action is commenced in Court as described in Part 5, Rule 2(1) which does not need to be served on anyone;

“practice directions” means practice directions issued from time to time under Part 26, Rule 2 by the Registrar;

“Registry” means the Registry of the Family Justice Courts;

“respondent” means a person who responds to an action, and includes a party in the position of a respondent in a cross‑application;

“Rules” means the Family Justice (General) Rules 2024;

“sign” and “seal” by a Judge, the Registrar or other officer of the Family Justice Courts include signing and sealing by electronic or other means;

“solicitor” has the meaning given by section 2(1) of the Legal Profession Act 1966 and includes the firm that the solicitor is in, and also includes the Attorney‑General, a Deputy Attorney‑General and a Solicitor‑General, where he or she is a party to or appears in any proceedings;

“summons” —

means an application to Court in an action (other than an action commenced in accordance with Part 3) or an appeal which has to be served on other parties or non‑parties or both; and

includes an application filed in relation to any proceedings to which Part 3 applies pursuant to Part 3, Rule 12;

In these Rules, “Court” means —

the Family Division or a judge of the Family Division, whether sitting in court or in chambers;

a Family Court or a judge of a Family Court, whether sitting in court or in chambers;

a Youth Court or a judge of a Youth Court, whether sitting in court or in chambers; or

in cases where he or she is empowered to act — the Registrar.

Paragraph (2) does not affect any provision of these Rules which defines and regulates the authority and jurisdiction of the Registrar.

The Forms to be used for the purposes of these Rules are those set out in the practice directions, and any reference in these Rules to a numbered form (where such number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions.