Family Law Amendment Rules 2000 (No. 1) (Cth)
We, Judges within
the meaning of the
Dated 22 June 2000
J. EDWARD ELLIS
H.R. FREDERICO
I.R. COLEMAN
RODERICK JOSKE
JAMES BARRY
J.S. PURDY
J. WILCZEK
W. ROURKE
G.R. MULLANE
M.A. HANNON
B.J. WARNICK
RICHARD CHISHOLM
SALLY BROWN
B. JORDAN
S.R. O’RYAN
SUSAN MORGAN
MICHELLE MAY
J.A. JERRARD
ROD BURR
HEATHER B. CARTER
LLOYD WADDY
P. ROSE
R. FLOHM
DJ. COLLIER
J.M. BOLAND
Judges of the Family Court
of Australia
A.M. FILIPPELLO
Principal Registrar
Family Court of Australia
MICHAEL H. HOLDEN
N. TOLCON
C.E. MARTIN
J.G. BARLOW
J. PENNY
Judges of the Family Court
of Western Australia
S.E. THACKRAY
Principal Registrar
Family Court of Western Australia
made under the
Page | ||
1 Name of Rules | 2 | |
2 Commencement | 2 | |
3 Amendment of | 2 | |
3 |
These Rules are the
Family Law Amendment Rules 2000 (No. 1).
These Rules commence on 1 July 2000.
Schedule 1 amends the
Family Law Rules 1984.
(rule 3)
substitute (b) an application for leave to intervene;
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Assessment Act means theChild Support (Assessment) Act 1989.
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lawyer means a solicitor, barrister or other legal practitioner who is entitled to practise in the Family Court.
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Registration Act means theChild Support (Registration and Collection) Act 1988.
omit applicant or a third party.
insert applicant.
after 2A,
insert 3, 3A, 3B
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insert (1B) A document prepared in accordance with a form prescribed for the Federal Magistrates Court is taken to substantially comply with the appropriate form for the purpose of a Family Court proceeding.
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3 Form of application — Form 3, 7 or 8
omit Form 7.
insert Form 3 or 7.
substitute (3) Subject to subrule (5), an application for an interim or procedural order (whether or not a cross-vesting law is involved) must be in accordance with Form 8.
(4) A person filing an application in accordance with Form 3 must file at the same time an Information Sheet in a form approved by the Principal Registrar.
(5) An application for interim or procedural orders may be included in an application in accordance with Form 3, 3A or 3B.
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3AA Use of Forms 3, 3A and 3B (1) This rule applies if a person files an application in accordance with Form 3.
(2) These Rules apply to that part of the application that does not seek interim or procedural orders as if the application were filed in accordance with Form 7 and a reference to Form 7A or 7B is to be read as a reference to Form 3A or 3B respectively.
(3) These Rules apply to that part of the application that seeks interim or procedural orders as if the application were filed in accordance with Form 8 and a reference to Form 8A is to be read as a reference to Form 3A or 3B as the case requires.
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3A Application for interim or procedural order only if final orders sought Without leave of the Court, a person may not seek interim or procedural orders unless there is a pending application by that person for final orders in that cause of action.
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9 Hearing dates
omit an application for interim or procedural orders
insert an application in accordance with Form 3, 7 or 8
substitute (2) If an application is filed in accordance with Form 7, or Form 3 (except if interim orders are sought), in a court other than a court of summary jurisdiction, the Registrar must fix a date for a directions hearing that is as near as practicable to 42 days after the date when the application is filed.
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insert an application in which interim or procedural orders are sought,
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substitute (b) (unless rule 3A applies) an affidavit.
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3A Application for step-parent to maintain (1) This rule applies to an application for a child maintenance order (including an order under section 66M of the Act) if:
(a) the applicant and respondent are the parent and step-parent of the child or children to whom the application relates; and
(b) the respondent consents to, or does not oppose, the order sought.
(2) The applicant must:
(a) file an affidavit setting out:
(i) whether the parties are separated; and
(ii) the financial circumstances of the parties;
and
(iii) the reason for seeking the order; and
(iv) the obligations, or potential obligations, of each party for child support for any other child; and
(b) serve a copy of the application on each person likely to be affected by the order.
Note A person affected by the order may be the Child Support Agency.
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Order 15 Parties and next friends
Division 1 Parties
1 Application for parenting order If a parenting order is sought in proceedings, unless the court or a Registrar otherwise orders, the parties must include:
(a) the parents of the child; and
(b) any other person in whose favour a parenting order has been made in relation to the child; and
(c) any other person or body on whom any aspect of parental responsibility has been conferred by order in relation to the child.
2 Person may be joined as party (1) A party to proceedings may join any person as a party to the proceedings by:
(a) naming the person as a party in:
(i) the application initiating proceedings; or
(ii) the response to the application; or
(iii) the reply to the response; and
(b) serving on the person a copy of the application, response or reply and any other relevant documents filed in the proceedings.
(2) A person may not be joined as a party after the directions hearing without the leave of the court.
(3) The court may at any time order a party who has joined a person as a party to proceedings to file and serve on each other party to the proceedings an affidavit setting out the basis on which the person has been joined.
3 Party may apply to be removed (1) Any party to proceedings may apply to the Court to be removed as a party by filing an application in accordance with Form 8.
(2) The party must file with the application an affidavit setting out:
(a) the relationship (if any) of the applicant to the other parties; and
(b) the evidence in support of the application.
(3) The party must serve a copy of the application and affidavit on each other party to the proceedings.
4 Court may order notice to be given At any time during proceedings, the court or a Registrar may order a party, or a person who seeks leave to intervene, to give notice to a person specified in the order stating:
(a) that proceedings have been instituted; or
(b) that a person seeks leave to intervene in the proceedings; or
(c) any other fact or matter the court or Registrar thinks appropriate.
Division 2 Intervention
5 Intervention in proceedings by a person not a party (1) If a person who is not a party to proceedings seeks to intervene in the proceedings, the person must file an application for leave to intervene in accordance with Form 8.
(2) The person must file with the application an affidavit setting out:
(a) the relationship (if any) of the applicant to the parties; and
(b) the orders (if any) that the applicant will ask the court to make if granted leave to intervene; and
(c) the evidence in support of the application.
(3) The person must serve the application and affidavit on each other party to the proceedings.
(4) The court, or a Registrar, may make any orders it thinks proper with respect to the application including an order for intervention on limited terms or as to the filing of further documents.
6 Intervention by Attorney-General in proceedings generally If the Attorney-General intervenes in proceedings, the Attorney-General must:
(a) file a notice:
(i) stating that the Attorney-General intervenes in the proceedings; and
(ii) setting out the basis or grounds of the intervention; and
(iii) setting out the orders (if any) sought; and
(b) if the proceedings are under section 58 of the Act — file an affidavit setting out the facts and matters relied on in support of the intervention; and
(c) serve a copy of the notice and affidavit (if any) on each other party to the proceedings.
7 Child to whom State welfare law applies If, on an application for leave to intervene in proceedings under section 92 of the Act in relation to a child to whom subsection 69ZK (1) of the Act applies, the court does not grant leave, it may adjourn the proceedings and give the Attorney-General notice of its refusal to grant leave and of the date to which the proceedings are adjourned.
Division 3 Proceedings after death
8 Proceedings after death of a person (1) A court may make any orders it thinks proper with respect to proceedings if:
(a) a person dies; and
(b) under the Act, the proceedings may be instituted or continued by or against the person’s estate or legal personal representative.
(2) The orders may include:
(a) an order that the legal personal representative be substituted for the deceased person as a party; and
(b) an order that notice of the proceedings be given to a person in the manner directed by the court; and
(c) an order granting leave to a person to intervene in the proceedings on the terms the court thinks fit; and
(d) an order for the amendment of an application or other document in the proceedings, in the manner and subject to the conditions that the court thinks fit.
Division 4 Person needing next friend
9 Definition In this Division:
person who needs a next friend , in relation to proceedings, means a person who, because of physical or mental infirmity, does not understand the nature and possible consequences of the proceedings or is not capable of adequately conducting, or giving adequate instruction for the conduct of, the proceedings.
10 Instituting, continuing, defending or intervening in proceedings A person who needs a next friend may institute, continue, defend or seek to intervene in proceedings by his or her next friend.
11 Conduct of proceedings by next friend A person appointed under this Order as the next friend of a party to proceedings:
(a) must do anything required by these Rules to be done by the party; and
(b) may do anything permitted by these Rules to be done by the party.
12 Service (1) This rule applies if a document is required to be served in proceedings on a person who needs a next friend.
(2) The document may be served on any person (including the person who needs a next friend) whom the Court may, before or after service, approve.
(3) If the person has a next friend in the proceedings, the document may be served on the next friend.
(4) Unless a next friend is taken to be appointed under rule 16, the document may be served on a person with whom the person who needs a next friend is residing or who has the care of the person who needs a next friend.
(5) However, service of a document on a person who needs a next friend is taken not to have been effected unless the court is satisfied:
(a) that the nature and contents of the document was brought to the notice of the person; or
(b) that the person could not understand the nature and contents of the document; or
(c) that to bring to the attention of the person the nature and content of the document would be injurious to the person.
(6) For subrule (4), a superintendent or other person in direct charge of a hospital or nursing home is taken to have the care of a person who is a patient in the hospital or nursing home.
13 Attorney-General may appoint next friend (1) The Attorney-General may appoint in writing a person (including a corporation sole) to be an authorised person for the purposes of this rule, either generally or for a particular person.
(2) If an authorised person consents to be next friend of a person in proceedings by filing a consent in accordance with Form 29, the authorised person is taken to be appointed as the next friend of that person in the proceedings.
14 Court may appoint next friend (1) If a party to proceedings is a person who needs a next friend, the court may appoint a person to be next friend of the party:
(a) on the application of a person under this Order; or
(b) if it appears to the court to be necessary, of its own motion.
(2) If the person to be appointed is not a corporation mentioned in subrule 15 (2), before making an appointment the court must be satisfied that the person:
(a) is a fit and proper person to be next friend of the party; and
(b) has no interest in the proceedings adverse to the party; and
(c) has filed a consent in accordance with Form 29.
(3) If a person is to be appointed to be next friend of a party, the court may order a stay of proceedings for such time and on such terms as the court thinks fit.
15 Application for appointment of next friend (for respondent) (1) If a respondent to an application is a person who needs a next friend and does not file a response, affidavit or notice of address for service in the proceedings, any person, including another party to the proceedings,
may apply to the court for the appointment of a next friend for the respondent.
(2) A corporation authorised under the law of a State or Territory to be appointed to defend the action on behalf of a person who needs a next friend may apply to the court to be appointed as next friend for the respondent.
(3) An application under this rule may be made
ex parte .(4) Unless the court otherwise orders, the proceedings must not be continued until a next friend has been appointed for the respondent and the next friend has filed a response, an affidavit or a notice of address for service.
16 Person taken to be appointed next friend (1) This rule applies if, for a person who needs a next friend, there is:
(a) a committee of the person; or
(b) no committee of person, but a committee of the estate of the person; or
(c) under the law of a State or Territory, a trustee or manager of the person.
(2) The committee, trustee or manager is taken to be appointed as the next friend of the person unless:
(a) the committee, trustee or manager is unable or unwilling to be next friend; or
(b) another person has been appointed as next friend under this Order.
17 Notice of becoming next friend A person appointed as the next friend of a respondent or intervener in proceedings must, as soon as practicable after the appointment, give notice of the appointment to each other party to the proceedings.
18 Removal of next friend The court may remove a person as next friend if:
(a) the person makes application to be removed as next friend; or
(b) the court considers that it is appropriate that the person be removed as next friend.
19 Costs and expenses of next friend The court may make such orders as it thinks fit for the payment of the costs and expenses of a next friend (including the costs of an application for the appointment of a next friend):
(a) by a party; or
(b) from the income or assets of the person for whom the next friend is appointed.
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Order 23 Children
1 Definition In this Order:
child means a person under the age of 18 years.
2 Child party — court may require next friend (1) If a party to proceedings is a child and the court is satisfied that the child does not understand the nature and possible consequences of the proceedings or is not capable of conducting the proceedings on the child’s own behalf, the court may, at any time, require that a next friend of the child be appointed for the purposes of the proceedings as if the child is a person who needs a next friend in accordance with Division 4 of Order 15.
(2) If the court requires that a next friend be appointed, it may order a stay of the proceedings for such time and on such terms as it thinks fit.
3 Application for separate representation (1) An application under section 68L of the Act in relation to a child may be heard and determined by the court even if a next friend has not been appointed for the child.
(2) If the court makes an order for separate representation, the court may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of section 116C of the Act.
4 Interviews (1) A judicial officer may interview in chambers or elsewhere a child who is the subject of proceedings under Part VII of the Act.
(2) However, if the child is separately represented in accordance with an order made under section 68L of the Act, the child must not be interviewed unless the child’s representative consents.
(3) The interview may be in the presence of a family and child counsellor, a welfare officer or another person specified by the judicial officer.
(4) Evidence of anything said at the interview is not admissible in any court.
(5) For this rule, judicial officer means a Judge, Magistrate or Judicial Registrar or a Registrar approved for the purposes of Order 36A, subrule 2 (1D).
5 Child not to be witness or swear affidavit (1) A child (other than a child who is, or is seeking to become, a party to proceedings) must not be called as a witness or remain in court unless the court otherwise orders.
(2) If an order is made for a child to be called as a witness, the evidence of the child is to be given by way of video or other electronic means unless the court otherwise orders.
(3) Except with the prior leave of the court, a child (other than a child who is, or is seeking to become a party to proceedings) must not swear an affidavit for the purposes of proceedings.
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3 Information about mediation If a notice is filed under subsection 19A (1) of the Act, the mediator must provide each party to the dispute with information about mediation before or at the first appointment for mediation.
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4 Interview to decide whether dispute may be mediated A party or parties to a dispute requesting mediation must attend an interview with a court mediator, or other officer of the court, to decide whether the dispute may be mediated.
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6 If dispute not to be mediated If the person conducting the interview decides that the dispute is not to be mediated, the person must:
(a) advise the parties of other dispute resolution methods available; and
(b) provide for other dispute resolution, if appropriate.
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8 Application for order under section 19B of the Act If there are pending proceedings, an application for an order under section 19B of the Act referring any or all of the matters in dispute for mediation may be made orally or in writing at any time.
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substitute (d) end the mediation; or
(e) advise the parties of other dispute resolution methods available and, if appropriate, provide for other methods.
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16 Action after mediation At the end of a mediation commenced under an order made under section 19B of the Act, the mediator who conducted the mediation must ensure that a memorandum in accordance with Form 69 is forwarded to the court and to each party.
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17 Registrar to make directions On receipt of the Form 69, unless all matters in dispute have been resolved, the Registrar may make any appropriate directions as to the future conduct of the proceedings.
substitute (b) any recommendation for further mediation made in the Form 69.
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substitute (1A) A subpoena may be directed to 2 or more persons named in the subpoena if:
(a) the subpoena is to give evidence only; or
(b) the subpoena requires the production of the same books, documents or things from each person named.
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9 Evidence of expert witnesses (1) This rule applies if 2 or more parties to a proceeding call expert witnesses to give opinion evidence about the same, or a similar, question.
(2) The Court may give any direction it thinks fit in relation to:
(a) the preparation by the expert witnesses (in conference or otherwise) of a joint statement of how their opinions on the question agree and differ; or
(b) the giving by an expert witness of an oral or written statement of:
(i) his or her opinion on the question; or
(ii) his or her opinion on the opinion of another expert on the question; or
(iii) whether in the light of factual evidence led at trial, he or she adheres to, or wishes to modify, any opinion earlier given; or
(c) the order in which the expert witnesses are to be sworn, are to give evidence, are to be cross-examined or are to be re-examined; or
(d) the position of witnesses in the courtroom (not necessarily in the witness box).
Example The Court may direct that the expert witnesses be sworn one immediately after another, and that they give evidence after all or certain factual evidence has been led, or after each party’s case is closed (subject only to hearing the evidence of expert witnesses) in relation to the question.
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10 Application for declaration under subsection 106 (1), 106A (1) or 107 (1) of Assessment Act (1) An application under subsection 106 (1), 106A (1) or 107 (1) of the Assessment Act must be filed:
(a) within 28 days after receipt by the applicant of the notice given under subsection 98ZC (2) of that Act; or
(b) within such further time as the Court allows.
(2) However, if the ground on which the applicant seeks a declaration under subsection 107 (1) of the Assessment Act is that the applicant is not the parent of the child concerned, the application must be filed:
(a) within 28 days after receipt by the applicant of the notice given under section 34 of that Act; or
(b) within such further time as the Court allows.
(3) Unless subrule (2) applies, the application must be accompanied by:
(a) a copy of the notice given under section 33 or 34 of the Assessment Act, as the case requires; and
(b) a copy of the objection lodged under subsection 98X (1) of that Act; and
(c) a copy of any notice lodged under subsection 98ZB (2) of that Act; and
(d) a copy of the notice given under subsection 98ZC (2) of that Act; and
(e) an affidavit, in accordance with Order 16, setting out the facts in support of the application.
(4) An application to which subrule (2) applies must be accompanied by:
(a) a copy of the notice given under section 34 of the Assessment Act; and
(b) an affidavit, in accordance with Order 16, setting out the facts in support of the application.
11 Appeal against assessment under subsection 110 (1) of Assessment Act (1) An appeal under subsection 110 (1) of the Assessment Act must be filed:
(a) within 28 days after the receipt of the appellant of the notice given under subsection 98ZC (2) of that Act; or
(b) within such further time as the Court allows.
(2) The appeal must be accompanied by:
(a) a copy of the notice served under the relevant section of the Assessment Act; and
(b) a copy of the objection lodged under subsection 98X (1) of that Act; and
(c) a copy of any notice lodged under subsection 98ZB (2) of that Act; and
(d) a copy of the notice given under subsection 98ZC (2) of that Act; and
(e) an affidavit, in accordance with Order 16, setting out the facts in support of the appeal.
12 Application for order for departure from administrative assessment under section 98, 116, 123 or 129 of Assessment Act (1) An application under section 98, 116, 123 or 129 of the Assessment Act must be accompanied by:
(a) a copy of any relevant administrative assessment; and
(b) a Form 17; and
(c) an affidavit, in accordance with Order 16, setting out the facts in support of the application; and
(d) a copy of any relevant order or agreement.
(2) An application under section 116 must also be accompanied by a copy of:
(a) any objection lodged under subsection 98X (1) of the Assessment Act; and
(b) any notice lodged under subsection 98ZB (2) of that Act; and
(c) any notice given under subsection 98ZC (2) of that Act.
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14 Appeal under section 132 of Assessment Act (1) An appeal under section 132 of the Assessment Act must be filed:
(a) within 28 days after the receipt by the appellant of the notice given under subsection 98ZC (2) of that Act; or
(b) within such further time as the Court allows.
(2) The appeal must be accompanied by:
(a) a copy of the notice given under section 96 of the Assessment Act; and
(b) a copy of the objection lodged under subsection 98X (1) of that Act; and
(c) a copy of any notice lodged under subsection 98ZB (2) of that Act; and
(d) a copy of the notice given under subsection 98ZC (2) of that Act; and
(e) an affidavit, in accordance with Order 16, setting out the facts in support of the appeal.
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16 Appeal under section 88 of Registration Act (1) An appeal under section 88 of the Registration Act must be filed:
(a) within 28 days after the day of service by the Child Support Registrar of the notice under subsection 87 (2) of that Act; or
(b) within such further time as the Court allows.
(2) The appeal must be accompanied by a copy of:
(a) the notice served under subsection 80 (1) of the Registration Act; and
(b) the relevant objection under section 82, 83 or 84 of that Act; and
(c) any notice in opposition to or in support of the objection lodged by the appellant under subsection 86 (3) of that Act; and
(d) the notice served under subsection 87 (2) of that Act.
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25 Leave to appeal to Full Court or from the Federal Magistrates Court
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regional appeal registry means:(a) for an appeal other than an appeal from the Federal Magistrates Court:
(i) if the appeal is from a decree made in proceedings heard in the Brisbane, Darwin or Townsville registries of the Court — the Brisbane registry; and
(ii) if the appeal is from a decree made in proceedings heard in the Canberra, Newcastle, Parramatta or Sydney Registries of the Court — the Sydney Registry; and
(iii) if the appeal is from a decree made in proceedings heard in the Adelaide, Dandenong, Hobart, Launceston or Melbourne Registries of the Court — the Melbourne Registry; and
(b) for an appeal from the Federal Magistrates Court:
(i) if the appeal is from a decree made in proceedings heard in the Northern Territory or Queensland — the Brisbane Registry; and
(ii) if the appeal is from a decree made in proceedings heard in the Australian Capital Territory or New South Wales — the Sydney Registry; and
(iii) if the appeal is from a decree made in proceedings heard in South Australia, Tasmania or Victoria — the Melbourne Registry.
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2 Institution of appeal
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substitute (b) send a copy of the notice of appeal to the appeal registrar; and
(c) if the appeal is from the Federal Magistrates Court, refer it to the Chief Justice for directions.
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17A Certain applications may proceed without oral hearing (1) The Court may order that an application for an order referred to in subsection 94AAA (8) and (10) of the Act, subsection 107A (7) or (9) of the Registration Act, or subsection 102A (7) or (9) of the Assessment Act may be dealt with by the Court without an oral hearing.
(2) The order may be subject to conditions as the Court directs, in relation to:
(a) the time for filing of affidavits; and
(b) the length of, and time for filing of, written submissions; and
(c) any other matter the Court thinks fit in the interests of justice.
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18A Short form reasons The Court may, when dismissing an appeal, give short reasons if it is satisfied that there is no question of general principle raised.
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21A Application to Court
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21C Withdrawal of application
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Order 32A Application for leave to
appeal to Full Court or
from the Federal
Magistrates Court
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107 of the Child Support (Registration and Collection) Act 1988,
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1 Rate of interest The rate of interest for the purposes of paragraph 87 (11) (b) and subsection 117B (1) of the Act is 11.3% per annum.
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[name of court] | Fill in the boxes A and C (see application) | |||||
A File number | ||||||
Client number | ||||||
B Filed at | ||||||
Filed on | ||||||
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print clearly •Mark boxes where applicable | Hearing date | AM | ||||
Hearing time | PM | |||||
Please identify what type of orders are being sought in this application: | ||||||
If you oppose the orders sought in this application | ||||||
■ file with the Court a response (Form 3A), | ||||||
■ serve a sealed copy of the Form 3A on each other party
seven days prior to the hearing date in Box C, | ||||||
■ attend the hearing. If you do not attend the hearing orders may be made in your absence. | ||||||
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3Address for service of documents on applicant(s) | □ other □ give details: | |||||
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4 Lawyer for applicant(s) |
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- name - firm name - address - phone/fax/DX | ||||||
■ State the orders which you seek in the final decision in this matter. | ||||||||
State precisely the orders you seek | ||||||||
■ State the orders which you seek while awaiting the final decision in this matter. | ||||||||
6 State precisely the orders you seek | ||||||||
7 Particular Territory law relied on | ||||||||
8 Statement of claim | □ | |||||||
Signed | Date | |||||||
| lawyer for applicant(s) □ | |||||||
This application was prepared by: | □ lawyer □ | |||||||
I gave the applicant(s) a copy
of the Family Court brochure | ||||||||
I gave the applicant(s) a copy
of the Family Court's mediation services brochure | ||||||||
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[name of court] | Fill in the boxes A and C (see application) | |||||||
| A File number Client number | |||||||
B Filed at Filed on | ||||||||
C Place of hearing | ||||||||
•Type or print clearly •Mark boxes where applicable | Hearing date Hearing time | |||||||
Please identify what type of orders are being sought In this application: | ||||||||
1 Full name(s) of applicant(s) (see Form 3-Application) and full name(s) of respondents) making this response |
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Address for service of documents on respondent(s) Lawyer for respondent(s) -name - firm name - address - phone/fax/DX | ||||||||
□ other □ give details: | |||||||
| |||||||
B Final orders sought by respondent(s) | |||||||
| |||||||
5 State any other final orders that you seek | |||||||
| |||||
| |||||
| □ go to E | ||||
| |||||
9 Particular Territory law relied on | |||||
10 Statement of claim | □ | ||||
Signed | Date | ||||
respondent(s) □ | lawyer for respondent(s) □ | ||||
the respondent □ lawyer □ | |||||
I gave the respondent(s) a copy
of the Family Court brochure | |||||
I gave the respondent(s) a copy
of the Family Court's mediation services brochure | |||||
Signature of lawyer | Print full name | Date | |||
[name of court] | Fill in the boxes A and C (see application) | |||||||||||
| A File number Client number | |||||||||||
B Filed at Filed on | ||||||||||||
C Place of hearing | ||||||||||||
Hearing date Hearing time | AM PM | |||||||||||
Please identify what type of orders are being sought in this application: | ||||||||||||
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Name(s) of other parties give details for each |
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Lawyer for applicant(s)
| □ other □ give details: | |||||||||||
| ||||||||||||
| ||||||||||||
Signed | Date | |||||||||||
person(s) making this reply □ | lawyer □ | |||||||||||
This application was prepared by: | □ lawyer □ | |||||||||||
Substitute
Application for (Dissolution of marriage) Form 4 - Family Law Rules Order 7 rule 4 | Court use only | |
File Number | ||
Filed at/ Filed on | ||
Place of Hearing | ||
Hearing date/ Hearing time | ||
1 Family name used now | |||||||||
2 Given names | |||||||||
| |||||||||
4 Address |
|
| |||||||
5 Occupation | |||||||||
6 Date and country of birth |
|
| |||||||
7 Citizenship, domicile and residence | Regards Australia as his home □ | Regards Australia as her home □ | |||||||
Intends to live indefinitely in Australia □ | Intends to live indefinitely in Australia □ | ||||||||
| |||||||||
Has lived his whole life in Australia □ | Has lived her whole life in Australia □ | ||||||||
Is an Australian citizen □ | Is an Australian citizen □ | ||||||||
Ordinarily lives in Australia and has lived in Australia for 12 months immediately before this application □ | Ordinarily
lives in Australia and has lived in Australia for 12 months immediately
before this application | ||||||||
| |||||||||
| |||||||||
8 Address For service of documents on applicant | address in 4 above □ lawyer below □ complete: | ||||||||
|
tel ( ) fax ( ) DX and suburb/town | ||||||||
| Husband yes □ no □ yes □ no □ | ||||||||
| |||||||||
10 Date, town/city and country of marriage |
| |||
11 When did you and your spouse separate? |
| |||
| husband yes □ husband no □ go to (b) | wife yes □ wife no □ go to (b) | ||
(b) When did you regard the marriage as over?
|
|
| ||
| no □ yes □ go to(b) | |||
(b) Give dates and length of each period
|
| |||
| no □ yes □ go to (b) | |||
(b) Give dates and length of each period
|
| |||
| no □ yes □ | |||
16 Is there any child under 18 who is:
| no □ go to Part F yes □ how many? ........ go to Part D | |||
| no
…………………………………………………………… …………………………………………………………… | |||
…………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… | ||||
| no □ yes □ go to (a) (a) copy attached □ or
…………………………………………………………… …………………………………………………………… …………………………………………………………… …………………………………………………………… | |||
19 Child's family name (surname) | ||||
20 Given names | ||||
21 Date of birth |
|
| ||
22 Address |
|
| ||
23 Who else lives in child's home | husband □ wife □ other □ list details: | husband □ wife □ other □ list details: | ||
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| |||
| ||||
| ||||
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| ||||
relationship to child | ||||
24 Details for child: | ………………………………… | ………………………………… | ||
| ………………………………… ………………………………… | ………………………………… ………………………………… | ||
| ………………………………… ………………………………… ………………………………… | ………………………………… ………………………………… ………………………………… | ||
| ………………………………… ………………………………… ………………………………… | ………………………………… ………………………………… ………………………………… | ||
| ………………………………… ………………………………… ………………………………… | ………………………………… ………………………………… ………………………………… | ||
| ………………………………… ………………………………… ………………………………… | ………………………………… ………………………………… ………………………………… | ||
| ………………………………… | ………………………………… | ||
| ………………………………… ………………………………… ………………………………… | ………………………………… ………………………………… ………………………………… | ||
| no □ yes | no □ yes □ give details: | ||
………………………………… ………………………………… ………………………………… ………………………………… | ………………………………… ………………………………… ………………………………… ………………………………… | |||
If there are no other children go to F Additional space for any other children referred to in 16 is provided over leaf | ||||
19 Child's family name (surname) | ||||
20 Given names | ||||
21 Date of birth |
|
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22 Address |
|
| ||
23 Who else lives in child's home | husband □ wife □ other □ list details: | husband □ wife □ other □ list details: | ||
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24 Details for child:
| …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. | ||
| …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. | ||
| …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. | ||
| …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. | ||
| …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. | ||
| …………………………………. …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. …………………………………. | ||
| no □ yes □ give details: | no □ yes □ give details: | ||
| …………………………………. …………………………………. …………………………………. …………………………………. | …………………………………. …………………………………. …………………………………. …………………………………. | ||
If only one person is applying, only that person should sign. Both husband and wife to sign ONLY if they are applying together. | |
I swear/affirm that:
| |
Signature | Sworn/affirmed |
Place: Date: / / | |
Before me (signature of witness) | Full name of witness (please print) |
| |
Signature | Sworn/affirmed |
Place: Date: / / | |
Before me (signature of witness) | Full name of witness (please print) |
Justice of the Peace □ Other authorised person □ specify....................................
I gave the applicant(s) a copy of the Family Court
brochure
Print full name Date | ||
| ||
1 Family name used now | ||||||
2 Given names | ||||||
3 Address |
|
| ||||
4 Date of marriage |
| |||||
5 Family name | ||||||
6 Given names | ||||||
7 Organisation | ||||||
8 Address of organisation |
| |||||
9 Details of counselling meetings | ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. | |||||
| I certify that: (a) only the wife □ husband □ attended counselling mentioned in (9) and considered reconciliation; and | |||||
Signature | (b) the wife □ husband □ was | |||||
Position | invited to consider reconciliation but did not attend. | |||||
Date | Signature | |||||
Position | ||||||
Date | ||||||
| |||||
In the attached application form your spouse is applying for divorce on the ground that the marriage has ended. The Court has set down a time and place to hear the application as indicated on page 1 of the application. You should check the details given by your spouse
in the form to make sure that they are correct to the
best of your knowledge. You should also read the enclosed brochure You should sign, date and return the Acknowledgment of Service (Form 19) to the person who served the divorce application. | |||||
You do not have to do anything else. The Court will send you any decree after it becomes absolute. | |||||
You must fill in a Response form (Form 13 or 14) if you want to: (a) deny any statement in the application; or (b) ask the Court to consider any additional information; or (c) ask the Court to dismiss the application; or (d) make any other submission to the Court; or (c) deny that the Court has jurisdiction to hear your case. You must lodge the form with the Court no later than: ■ 28 clear days after the application was served on you, if it was served in Australia; or ■ 42 clear days after the application was served on you if it was served overseas. You must also serve a copy of the form on your spouse in accordance with the Family Law Rules. You can obtain a copy of the form and instructions on how to serve it from the Court. You must also come to the hearing. If you do not, the Court may proceed with the application in your absence. | |||||
If you want to apply to the Court about property or your own maintenance, you must do so by separate application within 12 months of the decree absolute. After that time you must first obtain the leave of the Court to apply. | |||||
Signature of registry officer
Date; / / |
Application for (Dissolution of marriage) Form 4 - Family Law Rules Order 7 rule 4 | Court use only | |
File Number | ||
Filed at/ Filed on | ||
Place of Hearing | ||
•Type or print clearly •Mark boxes where applicable | Hearing date/ Hearing time | |
Application by: husband alone □ wife alone □ both together □
1 Family name used now | |||||||||
2 Given names | |||||||||
| |||||||||
4 Address |
|
| |||||||
5 Occupation | |||||||||
6 Date and country of birth |
|
| |||||||
7 Citizenship, domicile and residence | Regards Australia as his home □ | Regards Australia as her home □ | |||||||
Intends to live indefinitely in Australia □ | Intends to live indefinitely in Australia □ | ||||||||
| |||||||||
Has lived his whole life in Australia □ | Has lived her whole life in Australia □ | ||||||||
Is an Australian citizen □ | Is an Australian citizen □ | ||||||||
Ordinarily lives in Australia and has lived in Australia for 12 months immediately before this application □ | Ordinarily
lives in Australia and has lived in Australia for 12 months immediately
before this application | ||||||||
| |||||||||
| |||||||||
8 Address For service of documents on applicant | address in 4 above □ lawyer below □ complete: | ||||||||
|
tel ( ) fax ( ) DX and suburb/town | ||||||||
| Husband yes □ no □ wife yes □ no □ | ||||||||
| |||||||||
|
| ||||
10 Date, town/city and country of marriage |
| |||
11 When did you and your spouse separate? |
| |||
| husband yes □ wife yes □ husband no □ go to (b) wife no □ go to (b) | |||
|
|
| ||
| no □ yes □ go to (b) | |||
| ||||
| |||
| no □ yes □ go to (b) | ||
|
| ||
15 Do you think it is likely that you will reconcile and live together as husband and wife? | no □ yes □ | ||
16 Is there any child under 18 who is:
or - a child treated as a member of your family when you last separated? | no □ go to Part F yes □ sec instructions | ||
|
|
If only one person is applying, only that person should sign. Both husband and wife to sign ONLY if they are applying together. |
I swear/affirm that:
1 I am the applicant
2 I have read this application
3 The facts of which I have personal knowledge are true
4 All other facts are true to the best of my knowledge, information and belief.
Signature | Sworn/affirmed |
Place: Date: / / | |
Before me (signature of witness) | Full name of witness (please print) |
| |
Signature | Sworn/affirmed |
Date: / / | |
Before me (signature of witness) | Full name of witness (please print) |
Justice of the Peace □ Other authorised person □ specify..................................
I gave the applicant(s) a copy of the Family Court
brochure | ||
Signature of lawyer Print full name Date | ||
| / | ||
|
| ||||
| ||||
In the attached application form your spouse is applying for divorce on the ground that the marriage has ended. The Court has set down a time and place to hear the application as indicated on page 1 of the application. You should check the details given by your spouse
in the form to make sure that they are correct to the best of your knowledge.
You should also read the enclosed brochure You should sign, date and return the Acknowledgment of Service (Form 19) to the person who served the divorce application. | ||||
You do not have to do anything else. The Court will send you any decree after it becomes absolute. If your spouse has asked to be absent from the hearing in Part D of the application, the Court may agree unless you file a response (Form 13 or 14) or file with the Court and serve on your spouse a request not to hear proceedings in parties' absence (Form 10) at least 7 days before the date of the hearing. | ||||
You must fill in a Response form (Form 13 or 14) if you want to: (a) deny any statement in the application; or (b) ask the Court to consider any additional information; or (c) ask the Court to dismiss the application; or (d) make any other submission to the Court; or (e) deny that the Court has jurisdiction to hear your case. You must lodge the form with the Court no later than:
■ 42 clear days after the application was served on you if it was served overseas. You must also serve a copy of the form on your spouse in accordance with the Family Law Rules. You can obtain n copy of the form and Instructions on how to serve it from the Court. You must also come to the hearing. If you do not, the Court may proceed with the application in your absence. | ||||
If you want to apply to the Court about property or your own maintenance, you must do so by separate application within 12 months of the decree absolute. After that time you must first obtain the leave of the Court to apply. | ||||
/ / | ||||
Application for (Dissolution of marriage) Form 4 - Family Law Rules Order 7 rule 4 | Court use only | |
File Number | ||
Filed at/ Filed on | ||
Place of Hearing | ||
•Type or print clearly •Mark boxes where applicable | Hearing date/ Hearing time | |
1 Family name used now | |||||||||
2 Given names | |||||||||
| |||||||||
4 Address |
|
| |||||||
5 Occupation | |||||||||
6 Date and country of birth |
|
| |||||||
7 Citizenship, domicile and residence | Regards Australia as his home □ | Regards Australia as her home □ | |||||||
Intends to live indefinitely in Australia □ | Intends to live indefinitely in Australia □ | ||||||||
| |||||||||
Has lived his whole life in Australia □ | Has lived her whole life in Australia □ | ||||||||
Is an Australian citizen □ | Is an Australian citizen □ | ||||||||
Ordinarily lives in Australia and has lived in Australia for 12 months immediately before this application □ | Ordinarily
lives in Australia and has lived in Australia for 12 months immediately
before this application | ||||||||
| |||||||||
| |||||||||
8 Address For service of documents on applicant | address in 4 above □ lawyer below □ complete: | ||||||||
|
tel ( ) fax ( ) DX and suburb/town | ||||||||
| |||||||||
|
| ||||
10 Date, town/city and country of marriage |
| |||
11 When did you and your spouse separate? |
| |||
| husband yes □ wife yes □ husband no □ go to
(b) wife no | |||
|
|
| ||
| no □ yes □ go to (b) | |||
|
| |||
| no □ yes □ go to (b) | |||
|
| |||
| no □ yes □ | |||
16 Is there any child under 18 who is:
| no □ go to Part F yes □ how many? ....... go to Part D | |||
|
| |||
………………………………………………………………. ………………………………………………………………. ………………………………………………………………. ………………………………………………………………. | ||||
| no □ yes □ go to (a) (a) copy attached □ or
| |||
……………………………………………………………….. ……………………………………………………………….. ……………………………………………………………….. ……………………………………………………………….. | ||||
|
| ||||
19 Child's family name (surname) | ||||
20 Given names | ||||
21 Date of birth |
|
| ||
22 Address |
|
| ||
23 Who else lives in child's home | husband □ wife □ other □ list details: | husband □ wife □ other □ list details: | ||
|
|
| ||
| ||||
| ||||
|
|
| ||
| ||||
relationship to child | ||||
24 Details for child:
| ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… | ||
| ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… | ||
| ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… | ||
| ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… | ||
| ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… | ||
| ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… | ||
| no □ yes □ give details: | no □ yes □ give details: | ||
………………………………………. ………………………………………. ………………………………………. ………………………………………. | ……………………………………… ……………………………………… ……………………………………… ……………………………………… | |||
|
| ||||
19 Child's family name (surname) | ||||
20 Given names | ||||
21 Date of birth |
|
| ||
22 Address |
|
| ||
23 Who else lives in child's home | husband □ wife □ other □ list details: | husband □ wife □ other □ list details: | ||
|
|
| ||
| ||||
| ||||
|
|
| ||
| ||||
| ||||
24 Details for child:
| ……………………………………… ……………………………………… ……………………………………… | ……………………………………… ……………………………………… ……………………………………… | ||
| ……………………………………… ……………………………………… ……………………………………… | ……………………………………… ……………………………………… ……………………………………… | ||
| ……………………………………… ……………………………………… ……………………………………… | ……………………………………… ……………………………………… ……………………………………… | ||
| ……………………………………… ……………………………………… ……………………………………… | ……………………………………… ……………………………………… ……………………………………… | ||
| ……………………………………… ……………………………………… ……………………………………… | ……………………………………… ……………………………………… ……………………………………… | ||
| ……………………………………… ……………………………………… ……………………………………… | ……………………………………… ……………………………………… ……………………………………… | ||
| no □ yes □ give details: ……………………………………… ……………………………………… ……………………………………… ……………………………………… | no □ yes □ give details: ……………………………………… ……………………………………… ……………………………………… ……………………………………… | ||
Attach further pages for any other children referred 10 in 16 | ||||
If only one person is applying, only that person should sign. Both husband and wife to sign ONLY if they are applying together. | ||||
I swear/affirm that:
| ||||
Signature | Sworn/affirmed | |||
Place: Date: // | ||||
Before me (signature of witness) | Full name of witness (please print) | |||
Justice of the Peace □ Other authorised person □ specify.............................. | ||||
s | ||||
Signature | Sworn/affirmed | |||
Place: Date: // | ||||
Before me (signature of witness) | Full name of witness (please print) | |||
Justice of the Peace □ Other authorised person □ specify.............................. | ||||
I gave
the applicant(s) a copy of the Family Court brochure Signature of lawyer Print full name Date | ||||
| ||||
Complete this notice if your are applying on your own. Pin this Notice of Application to the front of the copy of the divorce application to be served on your spouse. | ||||
To (name of spouse) | ||||
Address |
| |||
In the attached application form your spouse is applying for divorce on the ground that the marriage has ended. The Court has set down a time and place to hear the application as indicated on page 1 of the application. You should check the details given by your spouse
in the form to make sure that they are correct to the best of your knowledge.
You should also read the enclosed brochure You should sign, date and return the Acknowledgment of Service (Form 19) to the person who served the divorce application. | ||||
You do not have to do anything else. The Court will send you any decree after it becomes absolute. | ||||
You must fill in a Response form (Form 13 or 14) if you want to: (a) deny any statement in the application; or (b) ask the Court to consider any additional information; or (c) ask the Court to dismiss the application; or (d) make any other submission to the Court; or (e) deny that the Court has jurisdiction to hear your case. You must lodge the form with the Court no later than: ■ 28 clear days after the application was served on you, if it was served in Australia; or ■ 42 clear days after the application was served on you if it was served overseas. You must also serve a copy of the form on your spouse in accordance with the Family Law Rules. You can obtain a copy of the form and instructions on how to serve it from the Court. You must also come to the hearing. If you do not, the Court may proceed with the application in your absence. | ||||
If you want to apply to the Court about property or your own maintenance, you must do so by separate application within 12 months of the decree absolute. After that time you must first obtain the leave of the Court to apply. | ||||
Date: / / | ||||
omit
substitute
(name of court) | Fill in boxes A and C (if details known) | |||||||||||
AM PM | ||||||||||||
1 Full name |
|
| ||||||||||
2 Address |
| |||||||||||
3 Occupation | ||||||||||||
4 Name and address of employer |
| |||||||||||
5 Length of time and status of employment |
| |||||||||||
6 If self employed state name of business/company | ||||||||||||
I swear/affirm that: | ||||||||||||
| ||||||||||||
| ||||||||||||
| ||||||||||||
| ||||||||||||
| ||||||||||||
Place: Date: / / | ||||||||||||
| Full name of witness (please print) | |||||||||||
| ||||||||||||
This financial statement applicant □ respondent □ lawyer □ other □ specify ................................ was prepared by: | ||||||||||||
A Total current average weekly income |
| D Total Liabilities – what you owe |
| |||||||||
B Total Fixed expenditure |
| |||||||||||
E Total Financial Resources |
| |||||||||||
C Total Assets– what you own |
| |||||||||||
Note – Give weekly amounts in whole dollars. If the amount for an item is nil, write ‘NIL’ | ||||||
7 salary or wages before tax |
| |||||
8 income from investments (before tax) |
|
| ||||
|
| |||||
9 Personal Exertions |
|
| ||||
|
| |||||
10 maintenance/child support |
|
| ||||
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| |||||
|
| |||||
11 income from business/partnership |
|
| ||||
| ||||||
12 benefits from employment/businesses |
|
| ||||
|
| |||||
13 other income
|
| |||||
| ||||||
| ||||||
| ||||||
15 Give the name, age, relationship to |
| |||||
|
| |||||
occupant of your home |
| |||||
16 Expenses paid by others for your benefit |
| |||||
| ||||||
| ||||||
| | ||||||
Note – Give weekly amounts in whole dollars. If the amount for an item is nil, write ‘NIL’ | ||||||
17 Income tax |
| |||||
18 superannuation |
|
| ||||
19 union fees |
|
| ||||
20 mortgage installments/rent |
|
| ||||
21 other mortgage installments |
|
| ||||
22 rates, unit levies |
| |||||
23 life assurance premiums |
|
| ||||
| ||||||
24 insurance premiums |
|
| ||||
| |||||
25 school fees and levies |
| ||||
| |||||
26 hire purchase/lease payments |
|
| |||
| |||||
27 loan repayments |
|
| |||
28 minimum credit card payments |
|
| |||
| |||||
29 maintenance payments/child support |
|
| |||
| |||||
30 other fixed expenditure |
| ||||
31 |
| ||||
32 home (current value) |
|
| |||||||
33 other real estate properties (current value) |
|
| |||||||
| |||||||||
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| ||||||||
| |||||||||
34 credit in banks etc |
|
|
| ||||||
|
|
| |||||||
|
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|
| ||||||
| |||||||||
|
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| |||||||
| |||||||||
36 life assurance policies |
|
|
| ||||||
| |||||||||
37 motor vehicle |
|
| |||||||
|
| ||||||||
38 interest in business/ partnership |
|
| |||||||
| |||||||||
39 household effects |
| ||||||||
40 other personal assets |
| ||||||||
| |||||||||
41 |
| ||||||||
| | |||||||||
42 mortgage on home |
|
| ||||
| ||||||
43 other mortgages |
|
| ||||
| ||||||
44 income tax |
|
|
| |||
| ||||||
45 overdraft |
| |||||
46 credit cards |
|
| ||||
| ||||||
|
| |||||
| ||||||
47 hire purchase/lease |
|
| ||||
|
| |||||
48 other personal liabilities |
|
| ||||
| ||||||
50 superannuation |
|
| ||||
|
| |||||
51 interest in any trust or deceased estate |
|
| ||||
52 other financial resources |
|
| ||||
53 |
| |||||
| | ||||||
54 Average weekly expenses
Note – Give weekly amounts in whole dollars. If the amount for an item is nil, write ‘NIL’
Item | Total | Your share | Share for other
adult(s) | Share for
children |
food | $ | $ . | $ . | $ . |
household supplies | $ | $ . | $ . | $ . |
house repairs | $ | $ . | $ . | $ . |
gas | $ | $ . | $ . | $ . |
electricity | $ | $ . | $ . | $ . |
heating fuel | $ | $ . | $ . | $ . |
telephone | $ | $ . | $ . | $ . |
car | ||||
| $ | $ . | $ . | $ . |
| $ | $ . | $ . | $ . |
| $ | $ . | $ . | $ . |
| $ | $ . | $ . | $ . |
fares/car parking | $ | $ . | $ . | $ . |
clothing & shoes | $ | $ . | $ . | $ . |
pocket money | $ | $ . | $ . | $ . |
child minding | $ | $ . | $ . | $ . |
medical & dental | $ | $ . | $ . | $ . |
entertainment/hobbies | $ | $ . | $ . | $ . |
holidays | $ | $ . | $ . | $ . |
education expenses | $ | $ . | $ . | $ . |
chemist/pharmaceutical expenses | $ | $ . | $ . | $ . |
gardening/lawn mowing | $ | $ . | $ . | $ . |
cleaning (house/pool) | $ | $ . | $ . | $ . |
repairs - furnishings/appliances | $ | $ . | $ . | $ . |
dry cleaning | $ | $ . | $ . | $ . |
books and periodicals | $ | $ . | $ . | $ . |
gifts | $ | $ . | $ . | $ . |
hairdressing, toiletries | $ | $ . | $ . | $ . |
other necessary
commitments | $ | $ . | $ . | $ . |
total | $ | $ . | $ . | $ . |
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[name of court] | ||||||
A File number | ||||||
B Filed at Filed on | ||||||
C Pince of hearing | ||||||
Hearing date Hearing time | AM FM | |||||
1 Full name(s)
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8 I am related □ OR I am unrelated to the person □ | ||||||
9 I have no interest adverse to the said person in these proceedings. | ||||||
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[name of court] | ||||||||
A Fill number | ||||||||
B Filed at Filed an | ||||||||
C Place of hearing | ||||||||
Hearing date | AM | |||||||
• Type or print clearly • Mark boxes where applicable | Hearing time | PM | ||||||
Important notice | ||||||||
To .......................................................................................................................................................................... | ||||||||
address................................................................................................................................................................... | ||||||||
You are ordered to attend at court to | ||||||||
■ give evidence only □ see B | ||||||||
■ give evidence and produce documents □ see C | ||||||||
■ produce documents only □ see D | ||||||||
You must continue to attend from day to day unless excused by the court or a registrar or until the hearing of this matter is completed. | ||||||||
Take notice that if you fail to obey this subpoena a warrant may issue for your arrest and you may be liable to pay any costs occasioned by your failure to comply, together with any other penalty the court may impose under s112AD of the Family Law Act. | ||||||||
Dated....../......./......... Registrar............................................................................................. | ||||||||
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substitute
substitute
omit first 2 mentions of Full
omit to the Full Court
insert to the Full Court or from the Federal Magistrates Court
substitute
substitute
Application for leave
to appeal
substitute
(name of court)
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Name of family and child mediator/counsellor:........................................................................................
Nature of referral: | □ voluntary |
□ case assessment | |
□ pre directions hearing | |
□ post directions hearing | |
□ contravention of parenting order | |
Source of Court referral: | □ Family Court |
□ Federal Magistrates Court | |
□ State Magistrales Court |
Referred by:...................................................................................Date of referral……........./.............../................................
Date of interview(s).................................................................................................................................................................
Parties interviewed:..................................................................................................................................................................
……………………………………………………………………………………………………………………..................
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
Issues | Agreement reached | No agreement reached | Part agreement reached |
□ Residence | |||
□ Contact | |||
□ Specific Issues | |||
□ Other |
If issues relate to less than all children, specify which children issues telato to:
……………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………….
□ No further appointments for mediation were made
□ A further appointment was made for mediation to take place on....................../..................../............
□ *Consent orders negotiated/*parenting plan developed
□ A notification of child abuse or risk of abuse has been made by a family and child mediator/counsellor
It is my opinion that if these parties appear in dispute before a court:
□ Further mediation should take place before a judicial decision is made
□ A judicial decision is required
□
Further mediation should take place after the determination of: (
…………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………..
□ The parties should be given more time to attempt to settle the matter
To assist the parties to settle the matter, they should be referred to:
□ mediation
□ a joint conference with a registrar and a court counsellor
□ a group or other program (
specify program) □ a conference with a registrar
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
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□ It would assist in a resolution of the
matter if the children of the parties were included in:
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□ No further mediation is desirable or useful *at this stage/* until........................................./.............../...............................
It is recommended that a family report be ordered:
□ at the pre-hearing conference
□ as soon as possible
If
ordered, a family report could be provided by................../......../......
It is recommended that:
□ A child’s representative should be appointed
□ The Court should request that the State welfare authority intervene in the proceedings
□ There is a need for individual case management
□ Other
………………………………………………………………………………………………………………………………..
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*Omit if not applicable
Substitute
Schedule 2 Scale of costs (including counsel’s fees) (order 38)
Part 1 Costs for work done
1 | Drawing documents | |
(a) court documents | $33.60 for each page | |
(b) other documents | $12.00 for each folio | |
2 | Engrossing documents | |
(a) court documents | $11.30 for each page | |
(b) other documents | $4.10 for each folio | |
3 | Drafting and typing | |
(a) short letter (1 folio or less) | $16.20 | |
(b) circular letter (1 folio or less) | $6.75 | |
(c) any other letter | $13.75 for each folio | |
4 | Telephone attendance | |
(a) 5 minutes or less | $11.30 | |
(b) more than 5 minutes | $140.00 for each hour | |
5 | Perusal of documents | |
(a) for each page | $16.20 | |
(b) fewer than 30 folios | $5.55 for each folio | |
(c) 30 or more folios | an amount at the discretion of the taxing officer | |
6 | Scanning of documents (where perusal is not necessary) | |
(a) fewer than 10 pages | $6.65 for each page |
(b) 10 or more pages | an amount at the discretion of the taxing officer | |
7 | Preparation of the appeal papers in a solicitor’s office | an amount at the discretion of the taxing officer |
8 | Photographic reproduction, carbon or other copy of a document | 40 cents for each page |
8A | Transmitting urgent and necessary written material by the solicitor’s facsimile machine | $6.65 for the first page |
$2.80 for each additional page | ||
8B | Receiving written material by the solicitor’s facsimile machine | $1.55 for each page |
9 | Time reasonably spent by a solicitor on work requiring the skill of a solicitor (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 10) | $140.00 for each hour |
10 | Time reasonably spent by a solicitor, or by a clerk of a solicitor, on work (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 9) | $91.15 for each hour |
11 | Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed)) | $162–$228 for each hour, or part of an hour |
12 | Conferences (including court appointed conferences), if necessary | $162–$228 for each hour, or part of an hour |
13 | Short appearances (for example, directions hearings, interim or procedural hearings, summary hearings taking less than 3 hours) | $145–$675 |
14 | Short defended hearings (taking at least 3 hours but not more than 1 day) | $492–$1141 |
15 | Other defended hearings | $1141–$1680 for each day |
16 | Reserved judgment | $162–$228 for each hour, or part of an hour |
Undefended dissolution proceedings
17 | If the solicitor employed another solicitor or counsel to appear for the applicant and there is a child of the marriage under 18 years old | $610 |
18 | If the solicitor employed another solicitor or counsel to appear for the applicant and there is no child of the marriage under 18 years old | $455 |
19 | If the solicitor did not employ another solicitor or counsel to appear for the applicant and there is a child of the marriage under 18 years old | $574 |
20 | If the solicitor did not employ another solicitor or counsel to appear for the applicant and there is no child of the marriage under 18 years old | $430 |
1. These Rules amend Statutory Rules 1984 No. 425, as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 9, 15, 16, 46, 166 and 236; 1989 Nos. 49, 65, 175, 201, 266 and 331; 1990 Nos. 20, 74, 348 and 474; 1991 Nos. 122, 414, 475 and 476; 1992 Nos. 8, 45, 161 and 304; 1993 Nos. 51 and 160; 1994 Nos. 25, 58, 59, 60, 61, 62, 152 and 401; 1995 Nos. 2, 144, 145, 146, 319 and 371; 1996 Nos. 28 and 60; 1997 Nos. 97, 154 and 155; 1998 Nos. 117 and 299; 1999 Nos. 61, 118 and 279.
2. Notified in the
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