InBrief

The�Federal Magistrates Court Amendment Rules 2007 (No.1) include a number of miscellaneous amendments to the Federal Magistrates Court Rules 2001.

The most significant of which include:

>> amendments to remove the prescription, by schedule, of forms for use in the Federal Magistrates Court. The amendments will enable forms to be approved by the chief federal magistrate.

>> consequential amendments to the terminology used in the Rules for dispute resolution to accord with the terminology in the Federal Magistrates Act 1999 and the Family Law Act 1975 as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

>>�amendments to enable the filing of a statement of claim (points of claim) or defence (points of defence) rather than a supporting affidavit, in proceedings other than family law or child support.

>> new rules to introduce a new form – Application in a case for those applications seeking interim, procedural, ancillary or interlocutory orders, after commencement of proceedings.

>> an amendment to introduce time limits for the service of an application and any document filed, of no less than�three days before the day fixed for the hearing of an application in a case; or no less than�seven days before the day fixed for the hearing of any other application.

>>�new rules in relation to child support proceedings which include applications for child maintenance. These new rules facilitate determination of such matters, where possible, on the first return date and include rules in relation to appeals from the Social Security Appeals Tribunal�consistent with recent legislative amendments to child support legislation.

For more information about the amending rules, and to download notices and approved forms, visit the News and Events page of the Federal Magistrates Court of Australia web site.

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