Philosophy and development of the family law rules 2004

Abstract

In 2001, both the Family Court and the profession recognized that the Family Law Rules 1984 required redrafting. The passage of time since their inception and numerous piecemeal amendments over many years led to the 1984 Rules being badly structured and incomprehensible to lay persons. Many of the Forms were archaic and thought by some to be too numerous and multipurpose further adding to the confusion for lay litigants. There was strong recognition that the Forms, Brochures and Kits needed to be rewritten in electronic format and integrated with the Rules. The Rules themselves needed to be a complete code encompassing all of the court's practice, procedure and case management principles written in ealisly understood language (with a minimalist approach). The Rules needed to be set out in a logical sequence using a contemporary drafting and numbering system. There was a keen awareness of international trends in practice and procedural law and Australian Law Reform Commission Reports. There was also an awareness of a 'culture of non-compliance' with the previous rules and procedural orders by practitioners.