The Rules of the Supreme Court (Amendment No.2) 1989

Part II of the Family Law Reform Act 1987(1)

13.  Order 90 shall be amended as follows.

(1) In the heading to rule 5, there shall be inserted, after the figures “1973”, the words “or under Part II of the Family Law Reform Act 1987”.

(2) In rule 5(1), after the words “(in this Order referred to as the “Guardianship Acts”)”, there shall be inserted the words “or under section 4 of the Family Law Reform Act 1987”.

(3) In rule 5(2), the words “(as applied by section 4(3D) of the said Act of 1973)” shall be omitted.

(4) In rules 5(3), 6(1) and 7, after the words “Guardianship Acts”, there shall be inserted the words “or under Part II of the Family Law Reform Act 1987”.

(5) In the heading to rule 6, for the words “guardianship summons”, there shall be substituted the words “certain summonses relating to minors”.

(6) After rule 6, there shall be inserted the following new rule –

“Additional provisions for applications for financial relief

6A.— (1) Except where the application is for a variation order, an application for an order under section 11B, 11C or 11D of the Act of 1971(2) shall be supported by an affidavit by the applicant containing full particulars of his property and income, and stating the facts relied on in support of the application; and where the application is for a property adjustment order the affidavit shall also contain full particulars, so far as they are known to the applicant, of the property in respect of which the application is made and of any property to which the person against whom the application is made is entitled either in possession or reversion.

(2) Where an application for a property adjustment order relates to land, the application shall identify the land and –

(a) state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; and

(b) give particulars, so far as they are known to the applicant, of any mortgage of the land or any interest therein.

(3) A copy of the application shall be served on any mortgagee of whom particulars are given pursuant to paragraph (2)(b), and any person so served may apply to the court in writing, within 14 days after service, for a copy of the applicant’s affidavit.

(4) Within 14 days after the service of an affidavit under paragraph (1) or (6), or within such other time as the court may fix, the person against whom the application is made shall file an affidavit in answer containing full particulars of his property and income.

(5) Any person who receives an affidavit following an application made in accordance with paragraph (3) may, within 14 days after receipt, file an affidavit in answer.

(6) Where an application is made for a variation order, the registrar may order the applicant to file an affidavit setting out full particulars of his property and income and the grounds on which the application is made.

(7) In this rule –

(a) “variation order” means an order varying, discharging, suspending or reviving an order previously made under section 11B, 11C, 11D or 12C(6) of the Act of 1971;

(b) “property adjustment order” means an order made under section 11B(2)(d) or (e) of the Act of 1971.”.

(7) In the heading to rule 7, for the word “Guardianship”, there shall be substituted the word “Certain”.

(1)

1987 c. 42.

(2)

1971 c. 3; section 11B, 11C and 11D were inserted by the Family Law Reform Act 1987 (c. 42). sections 12, 13 and 14.