Family Law Regulations (Cth)
FAMILY LAW REGULATIONS
TABLE OF PROVISIONS
Part I—Preliminary
Regulation
1. Citation
2. Commencement
3. Savings
4. Interpretation
5. Directions as to practice and procedure
6. Requirements with respect to documents
7. Filing of documents
8. Sealing of documents
9. Date of filing
10. Forms and compliance therewith
11. Time to run during court vacation
12. Court or registrar may extend or abridge time
13. Extension or abridgement of lime by consent
14. Non-compliance with Regulations
15. Court or registrar may relieve from consequences of non-compliance
16. Stay of proceedings
Part II— Conciliation
17. Nomination of person to assist reconciliation
18. Notice seeking counselling
19. Advice as to effect of proceedings
20. Oath or affirmation of marriage counsellor
Part III—The Family Court of Australia
21. Application of regulations, &c.
22. Seals
23. Oaths and affirmations
24. Record of proceedings
25. Exhibits
26. Decrees to be recorded
27. Sittings, vacations and holidays
28. Service on Sundays, &c.
29. Publication of judgments
Part IV—Institution of Proceedings
30. Institution of proceedings
31. How proceedings intituled
32. Proceedings to be numbered
33. Application for dissolution of marriage
34. Application for annulment of marriage
35. Application for declaration under section 113
36. Applications other than for principal relief
37. Service of applications
38. Date of hearing
39. Child subject to child welfare order
40. Marriage certificate to be filed with application
41. Time for answer to application for a divorce or nullity
Part V—Ex Parte Orders
42.
Ex parte orders
Table of
Provisions—
Part VI—Service
Regulation
43. Address for service
44. Manner of service
45. Personal service
46. Acknowledged service by post
47. When service effected if posted to address for service, &c.
48. Service in Convention countries
49. Dispensing with service
50. Service of applications for dissolution and nullity
51. Service of other applications
52. Proof of personal service of document
53. Proof of service of document by post
54. Proof of service of document by posting or delivery to an address
55. Service of pleadings
Part VII—Further Pleadings
56. Answer
57. Answer under protest
58. Affidavit in answer
59. When allegations in pleading deemed to be admitted
60. Withdrawal of pleading
61. Amendments of pleadings
62. Failure to file answer within due time
Part VIII—Affidavits
63. Affidavits
64. Document to be produced if extract set out in affidavit
65. Before whom affidavit may be sworn
66. Affidavit made by two or more deponents
Part IX—Young Persons and Persons of Unsound Mind
67. Parties under 18 years of age
68. Service of applications on persons of unsound mind
69. When service on person of unsound mind deemed not to have been effected
70. Institution or continuance of proceedings by a person of unsound mind
71. Intervention by person of unsound mind
72. Application of Regulations to persons of unsound mind
73. Attorney-General may appoint guardian
ad litem of person of unsound mind74. Appointment of person or corporation as guardian
ad litem of person of unsound mind75. Removal of guardian
ad litem 76. Notice of appointment of guardian
ad litem 77. Default in pleading by person of unsound mind
Part X— Interventions
78. Intervention by Attorney-General
79. Intervention by other persons
80. Directions where intervention
Part XI— Ancillary Procedures
81. On hearing of proceeding further applications may be made
82. Particulars
83. Discovery
84. Affidavit of discovery
85. Mutual and informal discovery and inspection
86. Discovery of particular document
87. Failure to discover documents
88. Inspection of documents
89. Copies of certain books
90. Privilege
91. Direction to answer specific questions
92. Production of documents from persons other than parties
93. Particulars as to employment
94. Admissions and notices to admit
95. Notice to produce documents, &c
. 96. Conferences between parties
97. In financial matters, applicant to file statement of financial circumstances
Table of
Provisions—
Part XI—
Regulation
98. Statement by respondent
99. Financial enquiry on behalf of the court
100. Consolidation of proceedings
101. Change of venue
102. Transfer of proceedings to the Family Court
103. Transmission of court papers
Part XII—Hearing and Evidence
104. Right of appearance
105. Right to be present
106. Hearing of undefended applications for divorce
107. Hearing of applications for nullity or defended divorce
108. Hearing of other applications
109 .Consent orders
110. Addresses
111. Court may call evidence
112. Separate representation of children
113. Summons to appear and produce documents
114. Duty of witness to attend and remain in attendance
115. Expenses for witnesses
116. Children at court
117. Reports of welfare officers
118. Orders for examination of witnesses and letters of request
119. Powers of registrar in hearing applications
Part XIII—Appeals
120. Appeals to Full Court of the Family Court
121. Appeal papers and fixing of hearing
122. Appeals from courts of summary jurisdiction
123. Review of decision of registrar
Part XIV—Decrees
124. Decree of dissolution of marriage
125. Decree of nullity
126. Death of party after decree
nisi but before decree absolute127. Decree absolute
128. Certificate of decree or order
129. Registration of decrees
130. Rescission where parties reconciled
131. Rescission of decree
nisi on grounds of miscarriage of justice
Part XV—Enforcement
132. Enforcement of maintenance, fines and penalties
133. Oral examination
134. Garnishment
135. Seizure of property
136. Sequestration of estate
137. Procedure on contempt charges
138. Certificate as to payments under maintenance order
139. Interstate enforcement of affiliation and similar orders
Part XVI—Overseas Order
140. Registration of overseas custody orders
141. Transmission of Australian custody orders to overseas country
142. Reciprocating countries
143. Countries with restricted reciprocity
144. Registration of overseas maintenance orders
145. Transmission of orders made in Australia for enforcement in reciprocating countries
146. Confirmation of overseas maintenance orders
147. Power to make provisional order against person in reciprocating country
148. Proceedings for enforcement of overseas maintenance order
149. Cancellation of registration in reciprocating country
150. Cancellation of registration of overseas maintenance order
Table of
Provisions—
Part XVI—
Regulation
151. Party in Australia may apply to vary, &c., overseas maintenance order
152. Discharge, &c., of overseas maintenance order made in absence of party
153. Certain orders to be provisional only
154. Confirmation of variations made provisionally in overseas country
155. Registration of overseas maintenance agreements
156. Transmission of maintenance agreements to prescribed overseas country
Part XVII—Registrars andRegistries
157. Exercise of powers and functions of registrar
158. Seal
159. Records, registers and indexes
160. Central registry of decrees
161. Records of court
162. Searches
163. Record of proceedings transferred
164. Copies of orders to be served on authorities
Part XVIII—Miscellaneous
165. Change of solicitor
166. Legal practitioner not to act for adverse parties
167. Consumer price index and social security benefits
168. Registration of custody orders
169. Registration of maintenance agreements
170. Prescribed overseas country
171. Conversion of currency
172. Documents not in English language
Part XIX—Costs
173. Order for costs by court
174. Solicitor and client costs
175. Order for payment of costs
Schedule
Forms
REGULATIONS UNDER THE FAMILY LAW ACT 1975.*
I, THE
GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council,
hereby make the following Regulations under the
Dated this twenty-seventh day of November, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IVOR J. GREENWOOD
Attorney-General.
_________
FAMILY LAW REGULATION
Part I—Preliminary
“ Act ” means the
Family Law Act 1975;“ address for service ” means, in relation to a party to proceedings, an address for service given in accordance with regulation 43;
“ answer ” means an answer filed by a respondent or an intervener, and includes a cross-application;
* Notified in the
“ applicant ” means a person who institutes or has instituted proceedings under the Act or is an applicant in pending proceedings under the repealed Act;
“ application ” means an application to a court for the purpose of instituting proceedings under the Act or an application to a registrar made under these Regulations;
“ Australian maintenance order ” means a maintenance order as defined in section 110 of the Act made by a court having jurisdiction under the Act, but does not include an overseas maintenance order, registered or confirmed in accordance with these Regulations by such a court;
“ certified copy ” means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary;
“ Chief Judge ” has the same meaning as in Part IV of the Act;
“ filed ” means filed in the appropriate office of a court;
“ guardian
ad litem ” includes next friend;“ intervener ” means, in relation to proceedings, the Attorney-General or any other person when intervening or applying to intervene under section 91 or 92 of the Act, or a child separately represented under section 65 of the Act;
“ party to proceedings ” means an applicant, respondent or intervener in proceedings under the Act;
“ pleading ” means an application, answer, affidavit or document filed by an applicant, respondent or intervener;
“ Principal Registrar ” means the Registrar of the Principal Registry of the Family Court;
“ registrar ” includes, in relation to a court of summary jurisdiction, the clerk of the court, clerk of petty sessions or other person holding or performing the duties of a similar office in the court;
“ respondent ” means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener;
“ sealed ” means sealed with the seal of the court or otherwise endorsed by an officer of the court;
“ Secretary ” means the Secretary to the Attorney-General’s Department;
“ stamped envelope ” means an envelope having impressed on it or affixed to it postage stamps that are valid in Australia for the correspondence of private individuals and the value of which is not less than the postage payable for the transmission of a letter weighing not less than 20 grams posted in Australia to an address in Australia;
“ State Family Court ” means a court to which section 41 of the Act applies.
(2) A reference in these Regulations, other than Part III and regulations 101, 102, 120, 121 and 160, to the Family Court shall be read as including a reference to a State Family Court.
(a) the provisions of the Act and these Regulations do not make adequate provision for practice and procedure; or
(b) a difficulty arises or doubt exists as to practice and procedure,
the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.
(2) In proceedings to which section 9 of the Act applies, the court or a registrar may give directions in all matters of practice and procedure.
(3) Directions under this regulation shall be directed to providing a speedy and inexpensive hearing of the matters in issue between the parties and shall be consistent with these Regulations.
(a) be legibly and clearly typewritten, or printed, without blotting, erasure or such alterations as cause material disfigurement;
(b) have a space of not less than 6 millimetres between each line;
(c) be upon white paper of good and durable quality and capable of receiving ink writing, being paper of the size known as International A4;
(d) be written upon one side only of the paper with an adequate margin on the left hand side of the paper;
(e) be folded lengthwise;
(f) have each page numbered; and
(g) have a backsheet upon which appears the number and title of the proceedings, a short description of the document, and the name, address and telephone number of the party or his solicitor.
(2) Nothing in this regulation prevents the filing of a copy of a document produced by a photographic process if the photographic reproduction is clearly legible and the paper is of a size and quality similar to that specified in sub-regulation (1).
(3) A form prescribed by these Regulations that is printed by the Government Printer shall be deemed to comply with paragraph (1) (b) notwithstanding that the space between the lines is less than 6 millimetres.
(2)Where proceedings have been transferred from a court to another court under sub-section 40 (6) or section 45 or 46 of the Act, a document relating to the proceedings shall be filed in the office of the court to which the proceedings have been transferred.
(3)Where a decree, custody order, overseas custody order, maintenance agreement, overseas maintenance agreement, or a maintenance order made by a court of a reciprocating country or country with restricted reciprocity, has been registered in a court in accordance with the provisions of the Act or these Regulations, a document relating to the enforcement of the decree, order or agreement shall be filed in the office of the court in which it is so registered as soon as practicable after the decree, order or agreement has been registered.
(4) During the hearing of any proceedings by a court or registrar, a document relating to the proceedings may, by leave of the court or a registrar, be filed with the court or with the registrar.
(5) Documents filed in accordance with this regulation shall be numbered in accordance with regulation 32.
(2) Where a person referred to in a form in the Schedule is not represented by a solicitor, a reference in the form to the solicitor for the person shall be read as a reference to the person.
(3) A form in the Schedule shall be completed in accordance with such directions as are specified in the form.
(2) An application referred to in sub-regulation (1) may be made whether or not the time limited for the doing of the act or the taking of the step in the proceedings has expired.
(3) An extension or abridgement of time may be granted under sub-regulation (1) upon such conditions as the court or registrar thinks fit.
(2) A consent under sub-regulation (1) shall be filed.
(2) In exercising its discretion under this regulation, the court shall have regard to the real merits of the case, the minimizing of expense, and whether any party to the proceedings has suffered injustice or has been prejudicially affected by non-compliance with these Regulations.
(a) the court or a registrar may, at any time, upon such terms as the court or registrar thinks fit, relieve a party from the consequences of non-compliance with these Regulations, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a registrar;
(b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non-compliance with an order made by a court; and
(c) a court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of these Regulations.
(2) Where these Regulations fail to make provision on any matter, the court is empowered to give, and shall give, such directions as to practice and procedure as it thinks fit.
Part II—Conciliation
(2) The matters to be set out in the documents are the matters required by section 17 of the Act, namely—
(a) the legal and possible social effects of proposed proceedings (including the consequences for the children of the marriage); and
(b) the counselling and welfare facilities available within the Family Court and elsewhere.
(3) Where an application to institute proceedings under the Act is prepared by a solicitor, the solicitor shall, before filing the application, furnish to the applicant a copy of each of the documents referred to in sub-regulation (1).
(4) Where an application to institute proceedings under the Act is filed by the applicant, an officer of the court shall furnish to the applicant a copy of each of the documents referred to in sub-regulation (1).
(5) Where an application for dissolution of marriage is served on a respondent there shall, at the same time, be served on the respondent a copy of each of the documents referred to in sub-regulation (1).
(6) Compliance with sub-regulation (3) or (4) is not required where an application for dissolution of the marriage has already been filed.
(7) Unless excused by sub-regulation (6), a solicitor acting for an applicant instituting proceedings under the Act shall state in the application that he has complied with sub-regulation (3).
(8) The person serving an application for dissolution on a respondent shall state in the affidavit evidencing service that he has complied with sub-regulation (5).
I , do swear by Almighty God (
or solemnly and sincerely affirm and declare) that I will not disclose to any person any communication or admission made to me in my capacity as a marriage counsellor except in so far as it is necessary for me to do so for the proper discharge of my functions as a marriage counsellor.
Part III—The Family Court of Australia
(2) The seal shall be kept at the Principal Registry in such custody as the Chief Judge directs.
(3) There shall be kept at each Registry, in such custody as the Chief Judge directs, an office seal having inscribed on it, in addition to the words in sub-regulation (1), the word “ Registry ” with the name of the Registry prefixed.
(4) There shall be kept and used at each Registry such other seals or stamps as are required for the business of the Court and those seals shall be kept in such form and in such custody as the Chief Judge directs.
(5) All documents and copies of documents purporting to be sealed with any such seal shall be receivable in evidence without further proof of the seal.
(2) The forms of oath or affirmation shall be the same, as nearly as may be, as those used in the Supreme Court of the State or Territory in which the oath or affirmation is administered.
(2) Proceedings need be transcribed only where a Judge or registrar so orders or a party to the proceedings so requests.
(3) Where the proceedings are transcribed on the order of a Judge or registrar, a party to proceedings is entitled to have one copy of the transcript of the proceedings free of charge.
(2) The list of the exhibits, when completed, shall form part of the record of the proceeding.
(3) The Court or a registrar may direct that the exhibits be kept in the Court, returned to the parties, or otherwise disposed of in such manner as it or he sees fit.
(2) There shall be no court vacations, but the Court shall not sit on the days specified in sub-regulation (3) unless the Judge constituting the Court otherwise directs.
(3) Subject to sub-regulation (4), each Registry of the Court shall be open during office hours on every day in the year except—
(a) Saturdays and Sundays;
(b) Christmas Day and New Year’s Day and the days between those days;
(c) such days as are proclaimed or observed as public holidays in the State or Territory in which the Registry is located; and
(d) such other days as are appointed from time to time by the Chief Judge either generally or for a particular Registry.
(4) Unless the Chief Judge or Principal Registrar otherwise directs, the office in each Registry shall be open from 9.30 o’clock in the morning to 4.30 o’clock in the afternoon.
(2) A warrant may be executed at any time.
(2) A party to proceedings shall be entitled to one copy of the reasons free of charge.
Part IV—Institution of Proceedings
(2) Where proceedings are instituted in the Supreme Court or a court of summary jurisdiction of a Territory, the application shall state whether the applicant or the respondent is ordinarily resident in that Territory.
(2) Where proceedings are transferred to another court, the title to the proceedings shall be changed accordingly.
(2) A document filed in, or issued out of, the office of a court in connexion with any proceedings, or any further proceedings relating to the same parties, shall have the distinguishing number allotted to the proceedings endorsed on it.
(3) This regulation extends to decrees, orders and agreements registered and documents filed under sub-regulation 7 (3).
(2) An application for a decree of dissolution of marriage shall bear the date on which it is filed.
(3) An application for a decree of dissolution of marriage may be filed only in the Family Court or the Supreme Court of a State or Territory having jurisdiction under the Act.
(2) The application shall bear the date on which it is filed.
(3) An application for nullity may be filed only in the Family Court or the Supreme Court of a State or Territory having jurisdiction under the Act.
(a) whether the applicant is a citizen of, or is present in, Australia;
(b) details of the marriage, dissolution or annulment that is the subject of the application; and
(c) whether the applicant has instituted or proposes to institute any other proceedings under the Act.
(2) The application shall bear the date on which it is filed.
(3) An application for a declaration may be filed only in the Family Court or the Supreme Court of a State or Territory having jurisdiction under the Act.
(4) Upon filing the application, the applicant shall obtain an appointment with a Judge for a preliminary hearing of the application.
(5) At the preliminary hearing, which may be
(2) The application shall bear the date on which it is filed.
(3) The application shall state with precision the orders sought by the applicant.
(4) Where the application relates to the welfare or custody of, or access to, a child, the application shall be accompanied by an affidavit setting out shortly the arrangements proposed for the child and the facts to be relied on in support of the application.
(5) Where the application relates to an order under section 74, 79 or 83 of the Act, the application shall be accompanied by a statement filed in accordance with regulation 97.
(6) An application for leave under sub-section 44 (3) of the Act shall state that the leave of the court is sought and shall be accompanied by an affidavit setting out the facts and circumstances relied upon for the obtaining of leave.
(7) Where sub-regulation 19 (3) or 19 (4) applies to an application under this regulation, a declaration in accordance with Part 3 or Part 4 of Form 4 shall be endorsed on the application.
(8) An application for an injunction shall be accompanied by an affidavit setting out shortly the circumstances of the matter and the facts to be relied on in support of the application.
(2) If a copy of an affidavit filed in support of the application cannot be served on the respondent or intervener at the time of service of the application, it may be served within a reasonable time before the hearing of the proceedings instituted by the application.
(a) where the application is under regulation 33 or 34—not earlier than 14 days after the time allowed under regulation 41 for the filing of an answer; and
(b) in all other cases—
(i) where the respondent is in Australia—at least 14 days from the date of filing the application; or
(ii) where the respondent is not in Australia—at least 42 days from the date of filing the application.
(2) The registrar may alter the date for the hearing and may authorize the applicant to make corresponding alterations in any copy for service of the application.
(3) The registrar may give authority under sub-regulation (2) by telephone or by such other means as he thinks fit.
(2) If, on an application by the Minister or public authority for leave to intervene under section 92 of the Act, the court does not grant leave, it may adjourn the further hearing of the proceedings and give notice to the Attorney-General of its refusal to grant leave and of the date to which the proceedings are adjourned.
(2) Sub-regulation (1) does not apply where the marriage certificate has already been filed in respect of another application in the same Registry or where the marriage between the applicant and the respondent has been dissolved or annulled.
(3) Sub-regulation (1) does not apply where documents are filed in accordance with sub-regulation 7 (3).
(4) If the marriage certificate filed in accordance with sub-regulation (1) is not in the English language, a translation in the English language of the marriage certificate shall also be filed at the same time.
(5) A translation of a marriage certificate filed under sub-regulation (4) shall be verified as a translation by the person who made the translation by an affidavit in which he also states that he is competent to make a translation of the marriage certificate.
(6) Where—
(a) an applicant and a respondent were married in a country the public records of which are not kept in the English language; and
(b) a marriage certificate relating to the marriage that is filed in accordance with sub-regulation (1) was issued in that country in 2 or more languages, including the English language.
it is not necessary to comply with sub-regulation (4) or (5).
(7) Where an applicant is unable, for any reason, to comply with sub-regulation (1), the court may receive evidence from the applicant or any other person relating to the marriage of the applicant and the respondent.
(8) Where the court from evidence before it or from its own knowledge is satisfied that a marriage certificate not in the English language is a certificate or record of the marriage of the applicant and the respondent, it may receive the certificate in evidence notwithstanding that sub-regulations (4) and (5) have not been complied with.
(9) In this regulation, “ marriage certificate ”, in relation to a marriage whether solemnized in Australia or elsewhere, means—
(a) an original certificate or record of the marriage or a photographic representation of the certificate or record;
(b) a copy or photographic representation of an original certificate or record or of an entry of the marriage in an official register of marriages, being a true copy or representation certified as a true copy or photographic representation by a person having the custody of the certificate or record, or of a register containing the entry, of which it purports to be a true copy or photographic representation; or
(c) a photographic reproduction of an original certificate or record or of an entry of the marriage in an official register of marriages certified by a registrar.
(a) if the respondent is served in Australia—28 days; or
(b) if the respondent is served outside Australia—42 days,
after the day on which the application is served.
Part V—Ex Parte Orders
(a) concerning the welfare or custody of, or access to, a child of a marriage; or
(b) in accordance with section 77, 85 or 114 of the Act.
(2) An application under this regulation may be made in writing or orally or in such form as the court considers appropriate.
(3) Where an application under this regulation is not made in writing, the court shall not make an order under sub-regulation (1) unless by reason of the extreme urgency of the case it considers that it is necessary to do so.
(4) The court may give such directions with respect to the filing of a written application, the service of the application and the further hearing of the application as it thinks fit.
(5) An order under sub-regulation (1) shall be expressed to operate only until a specified time or the further order of the court.
(6) Where a court makes an order under sub-regulation (1), it may give directions with respect to—
(a) the service of the order and such other documents as it thinks fit; and
(b) the hearing of an application for a further order.
Part VI—Service
(2) A person may give an address for service (otherwise than in an application the form for which requires an address for service to be given) by filing a notice in accordance with Form 7 and serving a copy of the notice on each other party to the proceedings who has filed such a notice.
(3) A person who has given an address for service may change that address by filing a notice in accordance with Form 8 and serving a copy of the notice on each other party to the proceedings who has filed a notice giving an address for service.
(a) by delivering the document to the person personally;
(b) by serving the document on the person by post in accordance with regulation 46;
(c) if the person has an address for service for the purpose of the proceedings—by delivering the document at that address or by posting the document (under prepaid postage) as a letter to the person, or his solicitor, as the case may be, at that address; or
(d) by delivering the document at, or by properly addressing and posting (under prepaid postage) the document as a letter to the person at, the last address of the person known to the person on whose behalf the document is being served.
(2) Where a solicitor representing a party has facilities for the reception of documents in a central document exchange, delivery of a document into those facilities is sufficient service for the purposes of paragraph (1) (c).
(2) A person may acknowledge that he has been personally served with a document by signing a form in accordance with Form 9.
(a) a form in accordance with Form 9 for acknowledging service of the document; and
(b) an envelope, being, in the case of service effected in Australia, a stamped envelope, having written on it the name of the person on whose behalf the document is being served, or the name of his solicitor, and the address for service of that person,
as a letter, to the person at the last address of the person known to the person on whose behalf the document is being served.
(2) When a document has been posted to a person in accordance with the provisions of sub-regulation (1), service of the document on the person shall be deemed not to have been effected unless the person signs and returns to the person on whose behalf the document is being served or to his solicitor an acknowledgement of the service in accordance with Form 9.
(3) Where a document instituting proceedings has been posted to a person in accordance with sub-regulation (1), service of the document shall be presumed to have been duly effected on the person if the person files a document giving an address for service.
(4) Where service of a document has been effected by posting the document to a person in accordance with sub-regulation (1), the date of service of the document shall be taken to be the date on which the acknowledgment of service was signed.
(2) Where, under a Convention referred to in sub-regulation (1), service of a document relating to proceedings is not to be effected in the country otherwise than in accordance with the Convention, service of such a document in the country shall not be effected otherwise than in accordance with this regulation.
(3) Where a party to proceedings who desires to effect service of a document relating to the proceedings on a person in a country referred to in sub-regulation (1) files a request for service of the document in accordance with Form 10, and deposits with the registrar of the court in which the proceedings are pending the documents required by sub-regulation (4) to be deposited, the registrar shall forward the documents so deposited direct to the Secretary for transmission to that country for service.
(4) The documents to be deposited under sub-regulation (3) are—
(a) the document to be served;
(b) a translation of the document into the language of the country in which the service is to be effected, being a translation bearing a certificate, in that language, of the person who made the translation certifying that it is a translation of the document of which it purports to be a translation;
(c) a copy of the document to be served and of the translation; and
(d) such further copies (if any) of the document and translation as are required by the Convention.
(5) A document, a translation of a document or a copy of a document shall, before being forwarded to the Secretary in accordance with sub-regulation (3), be sealed with the seal of the court.
(6) Where a registrar has received a certificate transmitted through diplomatic channels, by a judicial authority in a country referred to in sub-regulation (1), certifying that a document has been served on a person on a date specified in the certificate, the certificate may be filed and, subject to sub-regulation (7), is then evidence of the matters stated in the certificate.
(7) Where service of a document is required to be effected on a person in the manner referred to in paragraph 44 (1) (a), the due service of the document shall be deemed not to have been proved by a certificate referred to in sub-regulation (6) unless—
(a) it also certifies the means by which the person who served the document identified the person served; or
(b) other evidence, whether by affidavit or otherwise, is furnished showing that the document came to the notice of the person on whom it was to be served.
(2) In exercising its powers under sub-regulation (1), the court shall have regard to—
(a) whether the applicant has taken every reasonable step to discover the whereabouts of the respondent and serve him with the process that is the subject of the application;
(b) the means of the applicant, the likely cost to the applicant and the nature of the process sought to be served;
(c) whether by advertising or some other method the existence of the process is likely to come to the knowledge of the respondent; and
(d) all other relevant matters.
(3) An order under sub-regulation (1) may be made subject to such conditions (if any) as to advertising or otherwise as the court thinks fit.
(4) If conditions are imposed in accordance with sub-regulation (3), the court shall specify in its order dispensing with service the times within which the conditions shall be complied with, and no further proceedings shall be taken in relation to that process without the leave of the court until the applicant has furnished satisfactory evidence, by affidavit or otherwise, that the conditions have been complied with.
(a) a sealed copy of the application; and
(b) a sealed copy of any affidavit filed with the application.
(2) The affidavit of service shall state—
(a) the date on which and the place at which the document was so delivered; and
(b) the means by which he established that the person to whom the document was delivered was the person required to be served with the document.
(3) An affidavit of service of a document on a person personally shall be in accordance with Form 11.
(2) An affidavit of proof of the signature shall be in accordance with Form 12.
(2) Where no such address for service is filed, the party shall cause service of the pleading to be effected in accordance with paragraph 44 (1) (a) or (b).
(3) Service of a pleading referred to in this regulation shall be made on the day on which the pleading is filed or as soon thereafter as possible.
(4) This regulation does not apply to an affidavit referred to in regulation 52, 53 or 54.
Part VII—Further Pleadings
(2) The respondent shall, by affidavit in accordance with Part 2 of Form 13, verify the facts stated in the answer.
(3) An answer shall bear the date on which it is filed and shall be served on the applicant on that day or as soon thereafter as possible.
(2) An answer under protest shall bear the date on which it is filed and shall be served on the applicant on that day or as soon thereafter as possible.
(3) Upon the hearing of the issue of jurisdiction, the court may proceed to hear and determine the issue, or may give directions as to the manner in which disputed questions are to be determined.
(4) Where the court has overruled an objection to its jurisdiction, the respondent may, within such time as the court allows, file an answer under regulation 56.
(2) Where a party seeks an order different from that sought in the application, that party shall set out in an affidavit filed under sub-section (1) precise details of the different order sought.
(3) A respondent or intervener filing an affidavit in answer shall cause a copy of the affidavit to be served on each other party to the application who has an address for service as soon as practicable after the affidavit in answer has been filed.
(4) A party on whom a copy of an affidavit in answer is served may, before the hearing of the application or, by leave of the court or registrar by whom the application is heard, during the hearing of the application, file an affidavit in reply to that affidavit.
(5) A party filing an affidavit in reply to an affidavit filed by another party to the application shall cause a copy of the affidavit in reply to be served on each other party who has an address for service as soon as practicable after the affidavit in reply has been filed.
(a) deny the fact, either expressly or by necessary implication;
(b) state that he does not know and cannot admit the truth of the fact; or
(c) admit the truth of the fact,
he shall be presumed to have admitted the fact for the purposes of the proceedings.
(2) Such a presumption may be rebutted by evidence before the court.
(2) Withdrawal of a pleading does not preclude any other party to the proceedings from relying upon the pleading and using it in cross-examination or in evidence.
(3) Where a pleading is withdrawn, the court or a registrar may make such order as to the hearing or further hearing of the proceedings as it or he considers is just and equitable in all the circumstances.
(2) An affidavit shall not be amended except by the leave of the court or a registrar, and upon such conditions as to re-swearing, re-affirming or verification by oral evidence as it or he thinks fit.
(3) When a pleading is amended, the court or a registrar may make such order as to the hearing or further hearing of the proceedings as it or he considers is just and equitable in all the circumstances.
(a) the applicant consents to the late filing of the answer; or
(b) the court or a registrar otherwise orders.
(2) Consent to the late filing of an answer may be given by an applicant and shall be in writing and may be endorsed on the answer.
Part VIII—Affidavits
(2) The body of an affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject matter.
(3) Where it appears to the person before whom an affidavit is sworn or affirmed that the deponent is illiterate or blind, he shall certify in or below the jurat that—
(a) the affidavit was read in his presence to the deponent; and
(b) the deponent appeared to understand the nature and contents of the affidavit.
(4) Each page of an affidavit shall be signed by the deponent and by the person before whom it is sworn or affirmed.
(5) Any alterations, interlineations or erasures in an affidavit shall be initialled by the deponent and by the person before whom it is sworn or affirmed.
(6) A document to be used in conjunction with an affidavit shall, where convenient, be annexed to the affidavit.
(7) Where annexure is inconvenient, a document to be used in conjunction with an affidavit may be made an exhibit to the affidavit.
(8) An exhibit to an affidavit shall be identified by the title and number of the proceedings in which the affidavit is filed, and a certificate signed by the person before whom the affidavit is sworn or affirmed shall identify the exhibit as the particular exhibit referred to in the affidavit.
(9) An affidavit shall contain a back sheet carrying the following particulars:—
(a) the title of the proceedings;
(b) the name of the deponent;
(c) the date the affidavit was sworn or affirmed; and
(d) the party on behalf of whom it is to be filed.
(10) An affidavit that is irregular as to form may be used in evidence unless the court otherwise orders.
(11) An affidavit (other than an affidavit evidencing service) that has not been filed and served shall not be accepted in evidence without the leave of the court.
(12) Where an affidavit contains material that, in the opinion of the court, is scandalous, irrelevant or otherwise offensive, the court may order that—
(a) the material be struck out; or
(b) the affidavit shall not form part of the pleadings.
(13) A party to proceedings may require that the deponent of an affidavit attend for cross-examination and, if the deponent fails to attend, the court may refuse to allow the affidavit to be used in the proceedings, or may adjourn the hearing until the deponent attends for cross-examination.
(14) Where the court adjourns the hearing under sub-regulation (13), it may make such orders providing for the attendance of the deponent and the provision of his out-of-pocket expenses as it thinks fit.
(2) An affidavit may be sworn or affirmed at a place outside
Australia before an Australian Consular Officer or an Australian Diplomatic
Officer within the meaning of the
(3) The title of the person before whom an affidavit is sworn or affirmed, and the date on which and place at which the affidavit is sworn or affirmed, shall be stated in the jurat of the affidavit.
(4) Where an affidavit purports to have been sworn or affirmed at a place before a person before whom an affidavit is permitted to be sworn or affirmed at that place, the affidavit shall, without proof of that person or of his title, be presumed, for the purposes of these Regulations, until the contrary is proved, to have been sworn or affirmed before such a person.
(2) If all the deponents swear or affirm the affidavit at the same time and before the same person, it is sufficient for the jurat to show that the affidavit was sworn or affirmed by all of the “ abovenamed ” deponents.
Part IX—Young Persons and Persons of Unsound Mind
(2) Where a person who is a party to proceedings is under 18 years of age, the court shall satisfy itself that the person fully understands the nature and possible consequences of the proceedings.
(3) If the court is not so satisfied, it shall give such directions as it thinks fit, including directions as to the representation of the person, or for providing that the person confer with a welfare officer, or other person appointed by the court.
(4) Where the respondent to an application, being apparently under the age of 18 years, has not filed an answer or responding affidavit or has not appeared in the proceedings in person or by a legal practitioner, the court or a registrar shall summons the respondent into court, or direct that a welfare officer or other person appointed by the court interview the respondent and thereafter report to the court, or take such other action so that the court may satisfy itself as required by sub-regulation (2) as it thinks fit.
(a) if there is a committee of the person of unsound mind—on that committee;
(b) if there is no such committee, but there is a committee of the estate of the person of unsound mind—on that committee;
(c) in any other case—on the person with whom the person of unsound mind is residing or the person under whose care he is.
(2) For the purposes of sub-regulation (1), a person of unsound mind who is a patient in an institution shall be deemed to be in the care of the superintendent or other person in direct charge of the institution.
(a) if there is a committee of that person who is able and willing to act for the person of unsound mind in connexion with the proceedings— by that person;
(b) by a person authorized by the Attorney-General in accordance with regulation 73; or
(c) by a person willing to act as guardian
ad litem for the person of unsound mind, and so appointed under regulation 74.
(2) Where proceedings under the Act are instituted or
continued by a person referred to in paragraph (1) (a), (b) or (c), that person
shall for the purposes of the proceedings, be deemed to be the guardian
(2) The court or a registrar may, in a particular case,
order that an affidavit required by or under these Regulations to be sworn or
affirmed by the guardian
(2) A person authorized under sub-regulation (1) may consent
to act as guardian
(a) a party to proceedings is a person of unsound mind;
(b) an authorized person has not filed a consent under regulation 73; and
(c) there is no committee of the party who is able and willing to act for the party,
a corporation authorized under the
law of a State or Territory to be appointed, or to act as, a guardian
(2) Except where the application is made by a corporation so
authorized, there shall be filed, in support of the application under this
regulation, an affidavit by a credible person deposing to the fitness of the
applicant to act as guardian
(3) An application under this regulation may be made
(4) Where, upon application made under this regulation, the
court or a registrar is satisfied that it is desirable that the applicant be
appointed the guardian
(a) the person makes application to retire from the office; or
(b) the court considers that it is desirable that the person should be removed from the office.
(2) Where a guardian
Part X—Interventions
(a) that he proposes to intervene in the proceedings;
(b) the reasons that justify his intervention; and
(c) any orders that he seeks upon intervention.
(2) A notice referred to in sub-regulation (1) shall be served upon the other parties to the proceedings in which the Attorney-General proposes to intervene.
(a) his relationship, if any, to the parties or a party to the marriage;
(b) the reasons why he wishes to intervene; and
(c) the orders sought by him upon intervention, if leave is granted.
(2) The application shall be verified by the affidavit of the applicant for leave to intervene.
(3) The application and verifying affidavit shall be served upon each party to the proceedings who has given or filed an address for service.
Part XI— Ancillary Procedures
(2) When an application is before it, the court may make orders without formal application with respect to—
(a) the service of documents and dispensing with the service of documents;
(b) the discovery, inspection and production of documents;
(c) admissions of fact or of documents;
(d) particulars;
(e) the presentation of evidence by affidavit or in other documentary form;
(f) directions to answer specific questions;
(g) the consolidation of proceedings;
(h) conferences between the parties with a view to settlement of differences relating to financial and custodial matters;
(i) conferences with welfare officers or marriage counsellors;
(j) the obtaining of a welfare officer’s report in accordance with section 62 of the Act;
(k) a direction under regulation 5; or
(l) any other matter relating to procedure that will enable costs or delay to be reduced, and will help to achieve a prompt hearing of matters at issue between the parties.
(2) A party so requested shall, within 14 days after service of the request, or within such further time as the requesting party, the court or a registrar allows, give to the party who served the request—
(a) the further particulars requested or the grounds on which he objects to giving, or is unable to give, the further particulars; or
(b) such further particulars as he is willing and able to give and the grounds on which he objects to giving, or is unable to give, any further particulars of the allegation.
(3) The further particulars shall be verified by the affidavit of the party giving them filed within the time applicable under sub-regulation (2).
(4) Where a party refuses or fails to give further particulars as requested by another party within the time applicable under sub-regulation (2), the court may make such orders as to the giving of particulars, the continuance of the proceedings, and the right of a party to continue the proceedings, as the court thinks fit.
(2) A request under this regulation shall be in accordance with Form 16.
(3) A party to proceedings on whom a request under this regulation has been served shall make discovery of documents by filing an affidavit of discovery, and serving a copy of the affidavit on the party who made the request, within 10 days after service upon him, or within such further time as the requesting party, the court or a registrar, allows.
(4) An affidavit of discovery shall be in accordance with Form 17 and shall comply with regulation 84.
(5) Where a party refuses or fails to give an affidavit of discovery as requested by another party within the time specified in sub-regulation (3) or files an affidavit of discovery that does not comply with regulation 84, the court may make such orders as to discovery, the continuance of the proceedings, and the right of a party to continue the proceedings, as the court thinks fit.
(a) specify the documents relating to matters in question in the proceedings that are in the possession, power or custody of the party;
(b) specify the documents relating to matters in question in the proceedings that are not, but have been, in the possession, custody or power of the party and state, to the best of the knowledge and belief of the party, whether they are still in existence, and, if so, the person who has possession of them;
(c) if such is the case, specify the documents that he objects to producing upon the ground that the documents are—
(i) professional communications of a confidential character made to the party by his counsel or solicitor, or made by the party to his counsel or solicitor, for the purpose of giving him legal advice;
(ii) cases for the opinion of counsel, or instructions to counsel prepared and given in anticipation of, or during the progress of, the proceedings;
(iii) letters or copies of letters from the party to his solicitor or from the solicitor to the party in anticipation of, or during the progress of, the proceedings;
(iv) drafts or memoranda made by the counsel or solicitor to the party for the purpose of the proceedings;
(v) letters or copies of letters or other documents sent to or received from a welfare officer or other person acting under section 14, 15 or 62 of the Act or to whom section 18 of the Act applies;
(d) if such is the case, specify the documents that he objects to producing on any other ground and the ground on which he so objects; and
(e) if such is the case, state that he has not, at the time of making the affidavit and has never had, in his possession, custody or power, or in the possession custody or power of a solicitor, agent, or other person on his behalf, any document that relates to the matters in question in the proceedings or in which an entry relating to such a matter has been made, or a copy of, or extract from, any such document, that is not specified in the affidavit.
(2) Discovery and inspection may be had on such terms as the parties agree upon.
(3) A party to proceedings or his counsel or solicitor who has agreed under this regulation to mutual and informal discovery and inspection of documents that relate to matters in question in the proceedings shall not wilfully and knowingly withhold such a document from discovery or inspection.
Penalty: $200.
(2) A request referred to in sub-regulation (1) shall only be made where the document relates to a matter in question in the proceedings.
(3) Regulations 83 and 84 apply in so far as they are applicable to a request made under this regulation.
(a) a party to proceedings has filed an affidavit of discovery;
(a) a party to proceedings has filed an affidavit of discovery; at the time the party swore or affirmed the affidavit, in the possession, custody or power of the party or such a document was not at the time, but had been, in the possession, custody or power of the party; and
(c) the document was not referred to in that affidavit of discovery or in any other affidavit of discovery filed by that party in pursuance of an order of the court,
the party is not entitled, except by leave of the court, to put the document or a copy of the document in evidence, or to furnish or cause to be furnished evidence of the document, at the hearing of the proceedings.
(2) A document referred to in an affidavit of discovery filed on behalf of a party shall not be specified in a notice given to the party under sub-regulation (1) if, in the affidavit, the party—
(a) objected to producing the document on a ground stated in the affidavit; or
(b) stated that the document was not in his possession, custody or power.
(3) A party to whom a notice under sub-regulation (1) has been given shall, within 7 days after receipt of the notice, or within such further time as the requesting party, the court or a registrar allows, specify, in writing to the party who gave the notice—
(a) the ground on which he objects to the production of a document specified in the notice; or
(b) the time and place at which he will produce the document for inspection.
(4) A document produced for inspection in pursuance to a notice under sub-regulation (1) may be inspected and copied by the party to whom it is produced.
(5) Where a party to proceedings to whom a notice to produce a document under sub-regulation (1) has been given fails to produce the document for inspection and copying, the party is not entitled, except by leave of the court, to put the document or a copy of the document in evidence, or to furnish or cause to be furnished evidence of the document, at the hearing of the proceedings.
(6) Where a party to proceedings to whom a notice to produce a document under sub-regulation (1) has been given refuses or fails to produce the document for inspection and copying, and the court is satisfied that the party is not excused by law from producing the document for inspection, the court may make such orders as to inspection, the continuance of proceedings and the right of a party to continue the proceedings, as the court thinks fit.
(2) Such a copy shall be deemed not to be a true copy of the entry unless particulars of any erasures, alterations or interlineations are clearly shown on the copy.
(3) The court or a registrar may make an order for the production of a book notwithstanding that a copy of an entry in the book has been furnished in accordance with sub-regulation (1).
(2) Unless the court otherwise orders, a party shall, within 14 days after being so directed to answer questions, furnish the answers to the questions to all other parties and to the court.
(3) Unless the court otherwise orders, the answer shall be verified by the affidavit of the person furnishing the answers.
(2) Before making an order under sub-regulation (1), the court may require steps to be taken to ascertain whether any privilege is claimed in relation to the document or thing, and, thereupon, the court may place such restrictions upon viewing and copying the document or thing or part of it as the court considers appropriate.
(3) The document or thing may be inspected at the specified time and place, or at such other time and place as may be ordered or agreed upon, by any party to the proceedings or his solicitor in the presence of the registrar or an officer of the court.
(4) Where a person incurs expense in complying with an order under this regulation, the court shall order that he be paid the amount equal to the expense incurred in such manner as the court thinks fit.
(5) An order made under sub-regulation (1) may require the party serving the order to tender reasonable expenses to the person who is the subject of the order to enable him to comply with the order.
(a) the name and address of his employer, or, if he has more employers than one, of each of his employers;
(b) particulars as to his earnings; and
(c) such other particulars as the court or registrar thinks necessary to enable him to be identified by any of his employers.
(2) Where it appears to a court or registrar that a person is an employer of a party to proceedings under Part VIII of the Act, the court or registrar may order that person to furnish to the court, within a specified time, a statement signed by him or on his behalf containing such particulars as are specified in the order of his indebtedness to the employee, of the employee’s present rate of earnings, or of all the earnings of the employee that became payable to him during a specified period, as the case may be.
(3) A document purporting to be a statement within the meaning of sub-regulation (1) or (2) may be admitted in evidence as proof of its contents.
(4) A person shall not—
(a) without reasonable cause or excuse, refuse or fail to comply with an order under this regulation that is applicable to him; or
(b) make under this regulation to a court having jurisdiction under the Act a statement in writing that he knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true.
Penalty: $500.
(2) At any time before or during the hearing, a party may call upon another party to admit facts.
(2) The party served shall, unless the court otherwise orders, produce the document or thing in accordance with the notice.
(3) A party to proceedings or his solicitor shall not wilfully fail to produce a document or thing in accordance with a notice under sub-regulation (1).
Solicitor for the Applicant
TO THE RESPONDENT
1. This application has been set down for hearing by the court at on the day of 19 at o’clock.
2. If you do not appear at the hearing, the court may proceed to make the orders sought, or similar orders, in your absence.
Registrar
* Strike out whichever is not applicable.
__________
Form 7 Regulation 43
NOTICE OF ADDRESS FOR SERVICE
(
TAKE NOTICE that the address for service of is
DATED this day of 19
Solicitor for the
Schedule—
Form 8 Regulation 43
NOTICE OF CHANGE OF ADDRESS FOR SERVICE
(
TAKE NOTICE that the address for service of
is changed to
DATED this day of 19
Solicitor for the
__________
Form 9 Regulation 46
ACKNOWLEDGEMENT OF SERVICE
(
I, (
(a) an application for
*(b) affidavits of (
full names ). I also acknowledge that I am the person referred to in the copy of the application as
DATED this day of 19
(
* Strike out if inapplicable.
________
Form 10 Regulation 48
REQUEST FOR SERVICE ABROAD
(
TO THE REGISTRAR:
I hereby request that a sealed copy of an application in
these proceedings be transmitted through the proper channel to (
I hereby undertake to be responsible personally for all expenses incurred by the Australian Government in respect of the service hereby requested, and on receiving due notification of the amount of those expenses I undertake to pay the amount of the expenses to the Australian Treasury and to produce the receipt for payment to the Registrar.
DATED this day of 19
Solicitor for the Applicant
________
Form 11 Regulation 52
AFFIDAVIT OF PERSONAL SERVICE
(
I, (
full name, address and occupation of deponent) make oath and say (or affirm)—1, On the day of 19 , I duly served with a copy of the document annexed hereto and marked with the letter “A” by delivering it to him personally at (
address ). 2
. (Set out the means by which the deponent identified the person served ).
SWORN (
deponent at
on the day
of 19
Before me:
A Justice of the Peace
Schedule—
FORM 12 Regulation 53
AFFIDAVIT OF PROOF OF SIGNATURE
(
I, (
1. The signature on the annexed Acknowledgement of Service is that of
2. I am able to identify the signature because (
set out the manner of identification ).
SWORN (
deponent at
on the day
of 19
Before me:
A Justice of the Peace
_________
Form 13 Regulation 56
ANSWER
(
DATE OF FILING:
RESPONDENT’S ADDRESS FOR SERVICE:
Part I
1. The respondent in answer to the application dated admits the matters set out in paragraphs thereof.
2. The respondent denies the matters set out in paragraphs thereof.
3. The respondent docs not know and cannot admit the matters set out in paragraphs thereof.
4. As to paragraphs , the respondent states—
(
5. As to the whole application, the respondent relies upon the following further facts: (
Set out the facts relied upon )6. The respondent therefore asks the court—
(a) to dismiss the application; or
(b) to decline to make any order under section 63 whereby any decree
nisi pronounced by the court may become absolute.
Part 2
I, (
1. I am the respondent herein.
2. The facts stated in this answer that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge and belief.
SWORN (
deponent at
on the day
of 19
Before me:
A Justice of the Peace
Schedule—
Form 14 Regulation 57
ANSWER UNDER PROTEST
(
DATE OF FILING:
RESPONDENTS ADDRESS FOR SERVICE:
The respondent in answer to the application dated objects to the jurisdiction of the court upon the following grounds:
(
Solicitor for the Respondent
__________
Form 15 Regulation 73
CONSENT TO ACT AS GUARDIAN AD LITEM
(
I, (
DATED this day of 19
(
__________
Form 16 Regulation 83
REQUEST FOR DISCOVERY
(
Take notice that the applicant (
DATED this day of 19
Solicitor for the
(
____________
Form 17 Regulation 83
AFFIDAVIT OF DISCOVERY
(
I,
(
1. I have in my possession custody or power the documents, relating to matters in question in these proceedings, specified or referred to in the first, second and third parts of the First Schedule to this affidavit.
2. I object to producing the documents specified or referred to in the second part of the First Schedule to this affidavit on the ground that the documents are privileged and come within the terms of regulation 84 (c).
3. I object to producing the documents specified (
or referred to) in the third part of the First Schedule to this affidavit on the ground that4. I have had, but do not now have in my possession, custody or power of the documents relating to matters in question in these proceedings specified or referred to in the Second Schedule to this affidavit.
5. To the best of my knowledge and belief, the documents specified or referred to in the Second Schedule to this affidavit are, respectively, in the possession of the persons specified in that schedule in relation to the documents.
6. I have not now and have never had in my possession, custody or power or in the possession, custody or power of a solicitor, agent or other person on my behalf any document which relates to matters in question in these proceedings save and except the documents specified or referred to in the First and Second Schedules to this affidavit.
Schedule
Form 17—continued
SWORN (
deponent at
on the day
of 19
Before me:
A Justice of the Peace
____________
Form 18 Regulation 95
NOTICE TO PRODUCE
(
TAKE NOTICE that you are required to produce at the Court at o’clock on the day of 19 at the hearing of the proceedings therein the following:
(a)
(b)
(c)
IF YOU FAIL to produce the documents and things referred to above, you may commit an offence punishable on conviction by a fine not exceeding $200.
DATED this day of 19
Solicitor for the
To:
___________
Form 19 Regulation 97
STATEMENT OF FINANCIAL CIRCUMSTANCES
(
FILED BY OR ON BEHALF OF: (
Full name of applicant or respondent )DATE OF FILING:
ADDRESS FOR SERVICE:
PART A. INCOME AND EXPENDITURE HUSBAND WIFE
(1) annual income $ $
Salary and wages (including commissions bonuses and overtime)
in occupation of as employee of
Net income from business of
Child endowment.....................................................................
Social welfare payments...........................................................
Maintenance from previous marriage.........................................
Dividends and interest..............................................................
Rents......................................................................................
All other sources (
specify ).........................................................TOTAL ANNUAL INCOME...................................................
Schedule—
Form 19—
(2) expenses
Income Tax......................................................................................................
Insurance and superannuation...........................................................................
Medical and hospital benefits............................................................................
Rent................................................................................................................
Rates and taxes................................................................................................
Mortgage payments..........................................................................................
House repairs...................................................................................................
Food and household supplies.............................................................................
Electricity, gas and fuel....................................................................................
Telephone........................................................................................................
Laundry and cleaning.......................................................................................
Clothing..........................................................................................................
Child care and education...................................................................................
Entertainment..................................................................................................
Fares...............................................................................................................
Car maintenance, running, and registration........................................................
Hire purchase payments....................................................................................
Maintenance for previous marriage....................................................................
Other expenses (
specify ). .................................................................................. TOTAL ANNUAL EXPENSES.
(3) separate income Of members of household whose expenses are included....
(a) (
List names, ages and relationship of all such members of household )............... (b) (
List details of separate income of any such member of household )...................
PART B. ASSETS AND LIABILITIES
(1) property
Real estate (
specify, giving improved capital value )......................................... Shares and debentures in companies...............................................................
Credits in bank savings accounts, building societies, &c...................................
Cash on hand.................................................................................................
Insurance policies (
specify, giving surrender value )........................................ . Motor vehicle (
describe, giving present value )................................................. All other property (
specify and give value) ......................................................
(2) liabilities not included in item A (2) (
AFFIDAVIT
I, (
1. I am the applicant (
2. The facts and figures set out in this statement which are within my personal knowledge are true.
Schedule—
Form 19—
3. All other facts and figures stated in this statement are true to the best of my knowledge and belief.
4. Where an estimate is given in this statement it is based on knowledge and belief and is given in good faith.
SWORN (
the deponent at
on the day
of 19
Before me:
A Justice of the Peace
NOTES:
1. Where the information required in the form is not relevant to the application or does not apply to the circumstances of either party, the applicant should write the letters “NR” on the appropriate line of the form in the space provided.
2. Where an estimate only can be given of a particular required to be furnished, the letter “E” should be inserted before the amount stated.
3. Where any particular as to the respondent’s income, expenses or property is not known to the applicant, the letters “NK” should be inserted in the space provided.
4. The estimated costs of the application should be included under “Item B (2)—Liabilities”, If receiving legal aid, write the letters “LA” against that Item and specify the amount of contribution (if any).
5. Where a respondent accepts the accuracy of any facts and figures furnished by the applicant, it is not necessary for him to repeat those facts and figures in his statement, but he should signify his acceptance by inserting the letters “AD” or the word “Admitted” on the relevant lines of his statement.
________
Form 20 Regulation 113
SUMMONS TO WITNESS
(
TO:
You are hereby summoned to attend at this Court at on the day of 19 at o’clock
*(a) to give evidence in an application filed by
*(b) to produce to the Court the following books, documents and writings from your custody and control:
DATED this day of 19 .
Registrar
NOTE: The Regulations provide that if, unless excused by the court or a Registrar, you fail to attend in answer to this summons or you fail, without reasonable cause or excuse, to produce the documents referred to herein, you commit an offence punishable by a fine not exceeding $500.
You may, if you so desire, produce the books, documents and things referred to herein to an officer of the court at the place specified not later than the day before the day specified above for their production.
* Strike out where not applicable.
Schedule—
Form 21 Regulation 120
NOTICE OF APPEAL
IN THE FULL COURT OF
THE FAMILY COURT OF AUSTRALIA
IN THE MARRIAGE OF HUSBAND and WIFE
DATE OF FILING:
APPELLANT: (
RESPONDENT: (
APPELLANT'S ADDRESS FOR SERVICE:
The appellant appeals from the decision of (
name of Judge ) or the following part of the decision of (name of Judge ): (state the part ).
DATE(S) OF HEARING:
DATE OF DECREE OR JUDGMENT:
GROUNDS: (
ORDERS SOUGHT: (
State what decree, order or determination the appellant seeks in place of the decision of the court appealed from ). Appellant's solicitor: (
Full name, address and telephone number ). Respondent’s solicitor: (
Full name, address and telephone number ). DATED this day of 19 .
Solicitor for the Appellant
________
Form 22 Regulation 122
APPEAL FROM COURT OF SUMMARY JURISDICTION
(
ON APPEAL FROM THE COURT OF SUMMARY JURISDICTION AT
TAKE NOTICE that (
ordering that
The appellant seeks the following orders:
DATED this day of 19
Solicitor for the Appellant
NOTICE OF HEARING
TO: (
TAKE NOTICE that this appeal has been set down for hearing
in the Family (
Registrar
_______
Form 23 Regulation 123
APPLICATION FOR REVIEW OF REGISTRAR'S DECISION
(
TO: (
(
DATED this day of 19 .
Solicitor for the Appellant
This application for review has been set down for bearing by the Court at on the day of 19 at o’clock.
Registrar
Schedule—
Form 24 Regulation 124
DECREE
(
Before the Honourable
The day of 19 .
1. The application of (
full name ) for dissolution of the marriage of the abovenamed husband and wife was heard this day.2. The court was satisfied that the abovenamed (
full name ) was ordinarily resident in Australia (or was a citizen of Australia or was domiciled in Australia).3. The court held that the marriage had broken down irretrievably.
4. The court decreed that, upon and subject to the decree of the court becoming absolute, the marriage solemnized on the day of 19 between the abovenamed husband and wife be dissolved.
By the Court,
Registrar
NOTES: I. A party to a marriage who marries again before this decree becomes absolute (unless the other party had died) commits the offence of bigamy.
2. If, before this decree becomes absolute, it comes to the notice of a party to the marriage that the oilier party has died, he or she should file an affidavit or certificate in the office of the Court giving particulars of the date and place of death.
3. If the parties to the marriage become reconciled before this decree becomes absolute, application should be made to the Court before the decree becomes absolute for rescission of the decree.
________
Form 25 Regulation 125
DECREE OF NULLITY OF MARRIAGE
(
Before the Honourable
The day of 19
1. The application of (
full name ) for nullity of marriage on the ground of was heard this day.2. The court was satisfied that the applicant was ordinarily resident in Australia (
or was a citizen of Australiaor was present in Australia).3. The court was satisfied that the ground was proved.
4. The court therefore decreed that the marriage in fact solemnized on the day of 19 at between (
full name ) and (full name ) be declared to have been absolutely null and void.By the Court,
Registrar
________
Form 26 Regulation 127
MEMORANDUM THAT DECREE
(
1. Date of decree
nisi :
*2. Date of order under section 63:
*3. Date of determination or discontinuance of appeal:
*4. Date of order under section 55 (2).
*5. Date on which intervention determined.
The decree
DATED this day of 19
Registrar
* Strike out whichever is inapplicable.
Schedule—
Form 27 Regulation 127
CERTIFICATE THAT DECREE
(
I certify that the decree
DATED this day of 19
Registrar
_______
Form 28 Regulation 127
CERTIFICATE THAT DECREE
(
I certify that the decree
DATED this day of 19
Registrar
_______
Form 29 Regulation 133
REQUEST FOR FINANCIAL INFORMATION
(
TO: (
1. An order was made on (
2. It is alleged that that order is in arrears in the amount
of (
3. (
Full name ) may now seek an order that you personally attend court to be examined as to your financial circumstances. However, if you give complete answers to the questions set out below and return this form to the address set out in paragraph 4 within 21 days, a summons to attend may be avoided.
4. The completed form should be returned to (
DATED this day of 19
Registrar
QUESTIONS
(1) What is your present address?
(2) What is your occupation?
(3) Who is your employer? (
(4) What are your gross weekly earnings?
(5) What deductions are made from your earnings (including income tax)?
(6) What other sources of income do you have? (
(7) Does any person owe you money? (
(8) Have you any bank accounts or other savings? (
Give details, including balances and, where possible, give account numbers )(9) Do you own or are you purchasing any land? (
Give details )(10) Do you own or are you purchasing a motor vehicle? (
Give details )(11) Apart from clothing, tools, household furniture and effects, what other property do you own? (
Give details )(12) What arrangements are you prepared to make to satisfy the arrears of maintenance?
(
Signature )
Schedule—
Form 30 Regulation 174
NOTICE DISPUTING COSTS
TO: (
TAKE NOTICE that I, (
* dispute the whole of the account for costs served on me on (
date ). * dispute the following portions of the account for costs served on me on (
date ) (set out details ).
I therefore request the Registrar of the Court to tax such costs.
DATED this day of 19
(
Signature )Address
Telephone number
Client’s address for service:
* Strike out whichever is inapplicable.
__________
Form 31 Regulation 174
NOTICE OF ASSESSMENT OF COSTS
IN RE
APPLICANT
AND
SOLICITOR
IN PURSUANCE OF regulation 174 of the Family Law Regulations—
(a) I specify $ as the proper amount to be paid by to for costs of and incidental to the above matter.
(b) In this assessment I have included the amount of $ as the proper amount of costs to be paid by to in relation to costs incurred in the taxation.
DATED this day of 19
Registrar
NOTES: 1. A person may, not later than 14 days after the service of a copy of this assessment upon him, file an objection in accordance with Form 32 requesting the Registrar to arrange for the proceedings for taxation to be set down for hearing by the court.
2. Where no objection has been filed within the time specified, the court may, without further application or hearing, order the payment of costs in accordance with this notice of assessment. The order creates a judgment debt that is due and payable and recoverable in accordance with law.
________
Form 32 Regulation 174
NOTICE OF OBJECTION TO ASSESSMENT OF COSTS
IN RE
APPLICANT
AND
SOLICITOR
(
DATED this day of 19
Applicant
This request has been set down for hearing by the court at on the day of 19 at o’clock.
Registrar
0
0
0