Document ID: chunk:federal_register_of_legislation:F2024C00417:front:0:p12
Version: federal_register_of_legislation:F2024C00417
Segment Type: other
Provision Reference: 
Character Range: 31168–33846

with the old Rules and was not determined before the repeal of those Rules.
Note 2: The Federal Circuit Court Rules 2001, as in force under the Federal Circuit Court of Australia Act 1999 immediately before the commencement of these Rules, are repealed as a consequence of the repeal of the Federal Circuit Court of Australia Act 1999 by Schedule 3 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021.

1.03  Authority
  These Rules are made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.

1.04  Overarching purpose
 (1) The overarching purpose of these Rules, as provided by section 67 of the Federal Circuit and Family Court Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
Note 1: These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 67(3) of the Federal Circuit and Family Court Act).
Note 2: See sections 190 and 191 of the Federal Circuit and Family Court Act in relation to the overarching purpose of the Rules of the Federal Circuit and Family Court (Division 2). See also the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 which applies these Rules with modifications.
 (2) Parties to family law proceedings must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose.
Note: See subsection 68(1) of the Federal Circuit and Family Court Act.
 (3) A party's lawyer must, in the conduct of a proceeding before the court (including negotiations for settlement) on the party's behalf:
 (a) take account of the duty imposed on the party referred to in subrule (2); and
 (b) assist the party to comply with the duty.
Note: See subsection 68(2) of the Federal Circuit and Family Court Act.

1.05  Definitions
 (1) In these Rules:
abuse, in relation to a child, has the meaning given by subsection 4(1) of the Family Law Act.
address for service means the address given by a party where documents may be left for the party or where documents may be sent for the party (see rule 2.25).
adjourn means to defer or postpone a court event to another day or time.
affected person, in Divisions 11.1.3 and 11.1.4, means a person claiming to be affected by the seizure of property under an Enforcement Warrant.
affidavit means a formal written statement by a party or witness (see Part 8.3).
appeal includes:
 (a) an