Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:10:p1
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 10 (pt 1/4)
Character Range: 84991–87888

10                                                                                                                            Rule 13.01                                                                                Subject to Division 13.2,                                                                                      Unless the court otherwise orders,

 (2) For the purposes of rule 1.22 of these Rules and rule 13.01 of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (as applied by rule 1.22 of these Rules), Part 40 of the Federal Court Rules 2011 applies as if:
 (a) a reference to the Court were a reference to a Family Court; and
 (b) a reference to an application were a reference to an application in a Family Court started by an application for final orders or transferred to a Family Court under section 35A of the Bankruptcy Act; and
 (c) a reference to an interlocutory application included a reference to an interlocutory application in a Family Court; and
 (d) a reference to a Registrar or taxing officer were a reference to a Judicial Registrar of a Family Court.

1.24  Forms in proceedings to which the Bankruptcy Act applies
 (1) For the purposes of a provision of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 that may apply to a proceeding because of this Division, a form may be approved:
 (a) for use in the Federal Circuit and Family Court (Division 1)—by the Chief Justice of the Federal Circuit and Family Court (Division 1); or
 (b) for use in the Family Court of Western Australia—by the Chief Judge of the Family Court of Western Australia.
 (2) A form approved under subrule (1) must be published on the relevant court's website.
 (3) An application to which the Bankruptcy Act applies must not be dismissed only because it has been made in the wrong form.

Division 1.2.6—Arbitration

1.25  Application of Division 1.2.6
  This Division applies to an arbitration under the Family Law Act.
Note: Part 5 of the Family Law Regulations imposes additional requirements relating to arbitration.

1.26  Referral of question of law by an arbitrator
 (1) A referral of a question of law by an arbitrator under section 13G of the Family Law Act must be made by application in accordance with the approved form.
Note: Subsection 13G(1) of the Family Law Act provides that the referral may be made to the Federal Circuit and Family Court (Division 2) or to a single judge of the Family Court of a State.
 (2) The arbitrator must give each party to the arbitration a copy of the application within 7 days after making the application.

1.27  Referral of other matters to the court by the arbitrator
 (1) A referral by an arbitrator of a matter to the court under paragraph 67H(3)(b), 67K(b) or 67L(1)(b) of the Family Law Regulations must be made by written notice to the Registry Manager.