Section 53 — Property (Relationships) Act 1976: Rules of Court and regulations

53 Rules of Court and regulations (1) Rules may from time to time be made in the manner prescribed by the Judicature Act 1908 relating to the procedure of the High Court under this Act and to appeals to the Court of Appeal under this Act. (1A) Rules may be made under section 16A of the Family Courts Act 1980 relating to the practice and procedure of Family Courts in proceedings under this Act. (2) The Governor-General may from time to time, by Order in Council, make regulations under section 100A of the Judicature Act 1908 for the purposes of this Act. (2A) The Governor-General may from time to time, by Order in Council, make regulations— (a) Making provision for determining the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by lawyers appointed under section 37A , which fees and expenses may differ according to the complexity of the proceedings and the time spent, and according to whether or not professional services are to be provided in a specified number of proceedings during a specified period: (b) Making provision for determining the amount of fees and expenses payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3) of section 38 of this Act: (ba) requiring the personal representative of a deceased spouse or partner to provide the surviving spouse or partner with information about the estate of the deceased spouse or partner; and providing for the enforcement of any such requirement (including, without limitation, providing for the Court, on the application of the surviving spouse or partner, to order the personal representative to provide all or any of the relevant information): (c) Providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. (3) In addition to all other powers conferred by the District Courts Act 1947 , the Governor-General may from time to time, by Order in Council, make rules regulating the procedure of District Courts in proceedings under this Act, and providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and its due administration. (3A) Without limiting the generality of the powers conferred by subsections (1) and (3) of this section or section 16A of the Family Courts Act 1980 , rules made under any of those provisions may require any party to proceedings under this Act to supply to the other party to the proceedings particulars of the nature and value of the property of the first-mentioned party that could be the subject of any order in those proceedings. (4) In the absence of any rules under this section, or in any situation not covered by those rules, the rules in relation to civil proceedings for the time being in force under the Judicature Act 1908 apply with all necessary modifications to proceedings under this Act that are brought or dealt with in the High Court. The words “ High Court ” in subsection (1) were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). Subsection (1A) was inserted, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65). See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254). Subsection (2A) was inserted, as from 1 July 1994, by section 5 Matrimonial Property Amendment Act 1994 (1994 No 45). Subsection (2A)(a) was amended, as from 1 February 2002, by section 59(1) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ lawyers appointed under section 37A ” for the words “ solicitors or counsel appointed under subsection (2) of section 26 of this Act ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (2A)(ba) was inserted, as from 1 February 2002, by section 59(2) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (2A)(ba) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (3) was substituted, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161). Subsection (3) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by omitting the words “ Family Courts and ” . See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254). Subsection (3A) was inserted, as from 18 October 1983, by section 2 Matrimonial Property Amendment Act 1983 (1983 No 28). Subsection (3A) was substituted, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65). See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254). Subsection (4) was substituted, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65). See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).