Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:4_2:p13
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 4 cl 2 (pt 13/19)
Character Range: 665825–685398

FCFCOA Rules                                                                                                                                          To order that objectionable material be struck out of an affidavit                                                                                                                                                                                                                                                                                                                                                                                                                                                    
Part 28—Reports and appointments with family consultants
28.1                                                                             Section 11F FLA                                                                                                                                                 To order parties to attend appointment or a series of appointments with a family consultant                                                                                                                                                                                                                                                                                                                                                                                                                           
                                                                                 Paragraph 98(2)(n) FCFCOA Act
28.2                                                                             Section 11G FLA                                                                                                                                                 To make an order as a result of failure to attend appointment with family consultant                                                                                                                                                                                                                                                                                                                                                                                                                                  
                                                                                 Paragraph 98(2)(n) FCFCOA Act
28.3                                                                             Section 62G FLA                                                                                                                                                 To direct a family consultant to give a report                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
                                                                                 Paragraph 98(2)(o) FCFCOA Act
28.4                                                                             Rule 8.11 FCFCOA Rules                                                                                                                                          To make an order in relation to the preparation of a report                                                                                                                                                                                                                                                                                                                                                                                                                                                           
Part 29—Change of venue and transfers
29.1                                                                             Subsection 45(2) FLA                                                                                                                                            To transfer a proceeding to another court                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
29.2                                                                             Subsection 46(3A) FLA                                                                                                                                           To remove a proceeding from a court of summary jurisdiction                                                                                                                                                                                                       
29.3                                                                             Section 65 FCFCOA Act                                                                                                                                           To direct, at any stage, that a proceeding or part of a proceeding be conducted or continued at a specified place subject to conditions (if any)                                                                                                                                                                                                                                                                                                                                                                      
29.4                                                                             Part 9.1 FCFCOA Rules                                                                                                                                           To order a change of venue                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
Part 30—Discontinuance
30.1                                                                             Rules 10.02 and 10.03 FCFCOA Rules                                                                                                                              To permit proceedings to be discontinued                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
30.2                                                                             Subrule 10.03(3) FCFCOA Rules                                                                                                                                   To stay proceedings until an order to pay costs in relation to earlier proceedings has been complied with                                                                                                                                                                                                                                                                                                                                                                                                             
Part 31—Summary orders
31.1                                                                             Section 102QAB FLA                                                                                                                                              To summarily dismiss an application with no reasonable prospects of success                                                                                                                                                                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        but only if:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (a) the order is made:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (i) in undefended proceedings; or
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (ii) with the consent of all the parties to the proceedings; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (b) a Judicial Registrar is approved by the Chief Justice or CEO (subject to any directions of the Chief Justice) to exercise the power
31.2                                                                             Paragraphs 10.09(1)(c) and (d) FCFCOA Rules                                                                                                                     To make summary orders if a party claims that:                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
                                                                                                                                                                                                                                                 (a) an application or response is frivolous, vexatious or an abuse of process; or                                                                                                                                                                                                                                                                                                                                                                                                                                      but only if:
                                                                                                                                                                                                                                                 (b) there is no reasonable likelihood of success                                                                                                                                                                                                                                                                                                                                                                                                                                                                       (a) the order is made in undefended proceedings; or
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (b) the order is made with the consent of all the parties to the proceedings
31.3                                                                             Paragraphs 10.11(1)(a), (d) and (e) and subrule 10.11(2) FCFCOA Rules                                                                                           The following powers:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                 (a) to dismiss any part of a proceeding;                                                                                                                                                                                                                                                                                                                                                                                                                                                                               but only if:
                                                                                                                                                                                                                                                 (b) to order a hearing about an issue or fact;                                                                                                                                                                                                                                                                                                                                                                                                                                                                         (a) the order is made in undefended proceedings; or
                                                                                                                                                                                                                                                 (c) with the consent of the parties, to order arbitration about a proceeding or part of a proceeding;                                                                                                                                                                                                                                                                                                                                                                                                                  (b) the order is made with the consent of all the parties to the proceedings
                                                                                                                                                                                                                                                 (d) to stay