Family Law Rules (Amendment) (Cth)
__________________
WE, Judges within the meaning of the
Dated 14 November 1994.
ALISTAIR NICHOLSON C. J.
ALAN J. BARBLETT
J. EDWARD ELLIS
J. F. FOGARTY
H. R. FREDERICO
E. R. BAKER
ALWYNNE ROWLANDS
T. E. LINDENMAYER
T. H. McGOVERN
GRAHAM R. BELL
B. ROSS-JONES
RODERICK JOSKE
JOSEPHINE M. MAXWELL
J. T. GUN
GEOFFREY I. WALSH
R. J. BULLEY
W. B. TREYVAUD
P. F. UNDERHILL
PETER B. HASE
D. BULBECK
M. A. RENAUD
JAMES BARRY
J. S. PURDY
RODNEY N. PURVIS
J. WILCZEK
G. R. MULLANE
A. GRAHAM
P. J. MOSS
N. MUSHIN
I. R. COLEMAN
P. F. A. HILTON
M. A. HANNON
B. J. WARNICK
RICHARD CHISHOLM
SALLY BROWN
B. JORDAN
J. FAULKS
S. R. O’RYAN
Judges of the Family
Court of Australia
IAN J. LOUGHNAN
Principal Registrar
Family Court of Australia
I. W. P. McCALL
ALAN J. BARBLETT
D. R. ANDERSON
N. TOLCON
MICHAEL H. HOLDEN
Judges of the Family Court
of Western Australia
C. E. MARTIN
Registrar
Family Court of Western Australia
____________
1.1 These Rules commence on 1 February 1995.
2.1 The Family Law Rules are amended as set out in these Rules.
3.1 Subrule 4 (1) (definition of “assured service”):
Omit the definition, substitute:
“
3.2 Subrule 4 (1):
Insert the following definition:
“
(a) an address for service given in the proceedings in relation to the person in accordance with subrule 2 (1) of Order 18; or
(b) the address that is taken to be the person’s address for service in the proceedings under subrule 2 (2) of Order 18;”.
3.3 Subrule 4 (2):
Omit the subrule.
4.1 Before subrule 2 (1), insert:
“(1A) A document must comply with subrule (2), unless:
(a) the nature of the document renders compliance impracticable; or
(b) the document is in accordance with a form that:
(i) is prescribed in these Rules; and
(ii) provides for the document to be set out in a manner that does not comply with subrule (2); or
(c) under these Rules, the document must comply with a different requirement, or different requirements.”.
4.2 Subrule 2 (1):
Omit all the words before paragraph (a), substitute:
Subject to this rule, a document must:”.
4.3 Subrules 2 (3) and (4):
Omit the subrules, substitute:
A document filed in accordance with Form 4, 13, 18, 19, 20, 21, 22, 23, 31, 32, 39, 40, 41, 42, 42A, 50, 52, 53, 59 or 67 does not require a cover sheet in accordance with Form 1.
In a document filed in accordance with Form 4:
(a) each of Parts A and B of the Form must be set out on a single sheet of paper; and
(b) Part H (if applicable) and the notice of application must begin at the top of a page.
“(4A) If;
(a) a document must be filed in accordance with Form 4, 13, 18, 19, 20, 21, 22 or 23; and
(b) the document is filed with the words prescribed in that Form set out in accordance with rule 2;
the other words in the Form may be printed in clear and legible handwriting.
“(4B) A document filed in accordance with Form 18, 19, 20, 21, 22 or 23 must be set out on a single sheet of paper.
“(4C) A document filed in accordance with Form 45A or 45B must be filed with a cover sheet in accordance with Form 1A.”.
5.1 Subrule 5 (1):
Omit the subrule, substitute:
“(1)In these Rules, a reference to a form by number is a reference to the form so numbered in Schedule 1.”.
6.1 Subrule 1 (4):
Omit all the words before paragraph (a), substitute:
Subject to rule 5 of Order 18, if the last day for:”.
7.1 Omit the rule, substitute:
An application for dissolution of marriage must be made in accordance with Form 4.”.
8.1 Paragraph 1 (a):
Omit the paragraph, substitute:
“(a) the applicant has filed a request in accordance with Form 4 or Form 9 that the court determine the matter in the absence of the parties; and”.
9.1 Omit the rule, substitute:
(1) In proceedings for dissolution of marriage begun jointly by the parties to the marriage:
“(a) if:
(i) not less than 28 days before the date fixed for the hearing of the proceedings, a party to the marriage has filed a request in accordance with Form 9 and served the request on the other party to the marriage; or
(ii) both parties to the marriage have requested the court to determine the proceedings in their absence by filing a request in accordance with Form 4 or Form 11; and
(b) if, at the date fixed for the hearing of those proceedings:
(i) there are no children of the marriage who have not turned 18 years of age; and
(ii) a party served with a request in accordance with Form 9 has not requested the court not to determine the proceedings in the absence of the parties;
the court may determine the proceedings despite the absence of both parties and their legal representatives.”.
10.1 Heading:
Omit the heading, substitute:
“
11.1 Omit “an answer, or answer”, substitute “a response, or response”.
12.1 Subrule 2 (1):
Omit “an answer”, substitute “a response”.
12.2 Subrule 2 (2):
Omit “An answer”, substitute “A response”.
13.1 Subrule 3 (1):
Omit “an answer”, substitute “a response”.
13.3 Subrule 3 (2):
Omit “An answer”, substitute “A response”.
14.1 Subrule 6 (1):
Omit “an answer or answer”, substitute “a response or response”.
14.2 Subrule 6 (1):
Omit “the answer or answer”, substitute “the response or response”.
14.3 Subrule 6 (2):
Omit “an answer or answer”, substitute “a response or response”.
15.1 Subrule 19 (1):
Omit “an answer”, substitute “a response”.
15.2 Subrule 19 (2):
Omit “The answer”, substitute “The response”.
16.1 Subrule 2 (2):
Omit “18 , paragraph 5 (1) (a) or (b)”, substitute “18”.
17.1 Omit “a manner referred to in Order 18, paragraph 5 (1) (a) or (b),”, substitute “accordance with Order 18,”.
18.1 Omit the Order, substitute:
A person who has not given an address for service is not entitled to be heard by the court in proceedings unless the court orders otherwise.
(1) A person may give an address for service in proceedings:
(a) by filing a notice of address for service in accordance with Form 18; or
(b) by filing another relevant document, in a form prescribed by these Rules, that includes an address for service.
If a party to proceedings (in this subrule
called
(a) has not given an address for service in the later proceedings in accordance with subrule (1); and
(b) has an address for service in other proceedings between the parties (except proceedings for divorce or other principal relief); and
(c) has taken a step in the other proceedings within 6 months before the day on which a document that is required to be served on the party is filed in the later proceedings;
the party’s address for service in the other proceedings is taken to be the party’s address for service in the later proceedings unless the party changes his or her address for service in the later proceedings.
Unless the court orders otherwise, if a person who does not have an address for service files a document in proceedings, the document must include the person’s address for service.
An address for service must be an address in Australia.
A party to proceedings may change the party’s address for service in the proceedings by filing a notice of address for service in accordance with Form 18.
Unless the court orders otherwise, a person who files a notice of address for service in proceedings under rule 2 or 3 must serve a sealed copy of the notice on each other party to the proceedings.
(1) If a document filed in proceedings is to be served under these Rules, the person who filed it must serve a sealed copy of it on each other party to the proceedings as soon as practicable after it was filed.
Unless the court orders otherwise, a person must not serve a document on another person more than 12 months after the date on which the document was filed.
(1) If a document is served on a person by handing it to him or her, it must not be handed to him or her by the party on whose behalf it is being served, but it may be handed to him or her in the party’s presence.
If an individual refuses to accept a document from the person serving it, the document is taken to have been handed to the individual if:
(a) the document is put down, and left, in his or her presence; and
(b) the person serving the document tells the individual what the document is.
A sealed copy of an application for divorce or other principal relief must be served on the respondent by:
(a) handing it to him or her; or
(b) sending it by pre-paid post in a sealed envelope addressed to him or her at his or her last known address.
An application referred to in rule 1 of Order 9 (which deals with summary maintenance procedure) must be served on the respondent:
(a) by handing it to him or her; or
(b) by sending it in a sealed envelope addressed to the respondent at his or her last known address:
(i) if the application is to be served in Australia—by pre-paid post as certified mail; or
(ii) if the application is to be served outside Australia—by pre-paid post as security mail.
(1) Except as otherwise provided in these Rules, if an individual has an address for service, a document (other than an application referred to in rule 7 or 8) may be served on the individual:
(a) by handing it to him or her; or
(b) by delivering it to the address in a sealed envelope addressed to him or her; or
(c) by sending it by pre-paid post in a sealed envelope addressed to him or her at the address; or
(d) by fax addressed to him or her and sent to a fax receiver at the address; or
(e) if the address includes the number of a document exchange box of a solicitor’s firm—by sealing the document in an envelope (that complies with any pre-payment requirements of the document exchange and is addressed to the solicitor or firm at that box address) and placing the envelope:
(i) in that box; or
(ii) in a box provided at another branch of the document exchange for delivery of documents to the box address.
Except as otherwise provided in these Rules, if an individual does not have an address for service, a document (other than an application referred to in rule 7 or 8) may be served on the individual:
(a) by handing it to him or her; or
(b) by delivering it to his or her last known address in a sealed envelope addressed to him or her; or
(c) by sending it by pre-paid post in a sealed envelope addressed to the individual at his or her last known address.
(1) Except as otherwise provided in these Rules, if a body corporate has an address for service, a document may be served on the body corporate:
(a) by delivering it to the address in a sealed envelope addressed to the body corporate; or
(b) by sending it by pre-paid post in a sealed envelope addressed to the body corporate at the address; or
(c) by fax addressed to the body corporate and sent to a fax receiver at the address; or
(d) if the address includes the number of a document exchange box of a solicitor’s firm—by sealing the document in an envelope (that complies with any pre-payment requirements of the document exchange and is addressed to the solicitor or firm at that box address) and placing the envelope:
(i) in that box; or
(ii) in a box provided at another branch of the document exchange for delivery of documents to the box address.
Except as otherwise provided in these Rules, if a body corporate does not have an address for service, a document may be served on the body corporate:
(a) if the body corporate has a registered office in the same State or Territory as the filing registry:
(i) by delivering or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the registered office; or
(ii) by fax addressed to the body corporate and sent to a fax receiver at the registered office; or
(b) if the body corporate does not have a registered office in that State or Territory:
(i) by delivering or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the principal place of business or principal office of the body corporate in the State or Territory; or
(ii) by fax addressed to the body corporate and sent to a fax receiver at that office or place of business; or
(c) if the body corporate does not have a registered office or place of business in the State or Territory:
(i) by delivering it or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the body corporate’s registered office in another State or Territory; or
(ii) by fax addressed to the body corporate and sent to a fax receiver at the registered office; or
(d) by handing the document to each of 2 directors of the body corporate who reside in the State or Territory where the filing registry is located; or
(e) if a liquidator, or an official manager, of the body corporate has been appointed:
(i) by delivering it or sending it by pre-paid post in a sealed envelope to the office of the liquidator or official manager; or
(ii) by fax addressed to the liquidator or official manager and sent to a fax receiver at that office.
(1) A person serving a document by post must include with the document:
(a) a form of acknowledgment of service in accordance with Form 19; and
(b) an envelope that:
(i) is addressed to the person on whose behalf the document is being served at the address for service of that person; and
(ii) if the document is to be sent to an address in Australia—bears the correct postage for the return by post of the acknowledgment of service in the envelope.
If the document is to be served by post outside Australia, the document must be posted by air mail.
Subject to rule 16, a document served on a person by post is taken to have been served on the person:
(a) if it was posted to an address in Australia—on the day on which the document would be delivered in the ordinary course of post; or
(b) if it was posted to an address outside Australia—on the twenty-eighth day after the day of posting.
Nothing in this Order affects the power of a court exercising jurisdiction under the Act or another Act:
(a) to authorise service of a document in a manner that is not provided for in Division 1 or 2; or
(b) to find that a document has been served; or
(c) to find that a document has been served on a particular date.
(1) A person on whom a document is served may acknowledge service of the document by an acknowledgment of service.
An acknowledgment of service:
(a) must be in accordance with Form 19; and
(b) may be signed by the person on whom the document was served or by his or her solicitor.
If a solicitor signs an acknowledgment of service on behalf of a party to proceedings, the filing of the acknowledgment is taken to constitute proof of service of a document to which it refers on the date on which service of the document is acknowledged.
(1) Unless the court otherwise orders, any evidence of service to be given (except an acknowledgment of service) must be given by affidavit.
An affidavit of service must be:
(a) for an application for dissolution of marriage that is served by the applicant by post—in accordance with Form20; and
(b) for an application for dissolution of marriage that is served by another person—in accordance with Form21; and
(c) in any other case—in accordance with Form 22.
If the deponent to an affidavit of service can:
(a) identify the signature of a person on an acknowledgment of service of a document; or
(b) give other evidence relating to the identity of a person on whom a document is served;
the identification or other evidence may be included in the affidavit of service.
(1) Evidence of signature may be in accordance with Form 23.
An acknowledgment of service of a document that is signed by the person on whom the document was served is evidence that the document was served in accordance with the acknowledgment.
If the server of a document can identify the person served, service of the document may be proved by evidence to that effect given by the server.
If the server of a document can identify a photograph of the person served, and another person who knows the person served identifies the photograph as a photograph of the person served, service of the document may be proved by evidence to that effect by the server and the other person.
If a person other than the server of a document:
(a) was present when the document was served; and
(ii) saw the document handed to the person served, or put down and left in the presence of the person served; and
(iii) can identify the person served;
service of the document may be proved by evidence to that effect given by the other person.
Nothing in this rule precludes the giving of any other evidence to prove the service of a document.
(1) On
application made
In considering an application, the court may have regard to:
(a) whether the applicant has taken reasonable steps to serve the document on the respondent; and
(b) whether the applicant has taken reasonable steps to provide the respondent with a copy of the document; and
(c) whether the respondent could become aware of the existence and nature of the document by means of advertising or another form of communication that is reasonably available to the applicant; and
(d) the likely cost to the applicant of serving the document, the means of the applicant and the nature of the proceedings; and
(e) any other relevant matter.
If an order relating to service of a document under subrule (1):
(a) is unconditional; or
(b) is made subject to a condition that is complied with;
the document is taken to have been served.
Even if an applicant has not complied with a condition of an order made under rule 17, the court may order that the document is taken to have been served on a date specified in the order.”.
19.1 Omit the rule.
20.1 Omit the rule.
21.1 Subrule 7 (1):
Omit “18, paragraph 5 (1) (a) or (b)”, substitute “18”.
22.1 Subrule 4 (1):
Omit “Form 34.”, substitute “Part H of Form 4.”.
22.2 Subrule 4 (2):
Omit the subrule, substitute:
For the purposes of subsection 44 (1C) of the Act, a person or organisation specified in paragraph 44 (1B) (a) of the Act may provide a certificate in accordance with Part H of Form 4.”.
23.1 Subrule 1 (2):
Omit the subrule, substitute:
The party at whose request a subpoena is issued must serve a sealed copy of the subpoena on each person to whom the subpoena is addressed:
(a) by delivering the copy to the addressee; or
(b) if the addressee is a body corporate, by delivering or posting the copy:
(i) in the case of a body corporate that has a registered office in the State or Territory where the filing registry is located—to that office; and
(ii) in any other case—to the principal office or place of business of the body corporate in that State or Territory.”.
24.1 Subrule 2 (4):
Omit “18, paragraph 5 (1) (a) or (b)”, substitute “18”.
24.2 Subrule 2 (4A):
Omit “18, paragraph 5 (1) (a) or (b)”, substitute “18”.
25.1 Subrule 3 (5):
Omit “18, paragraph 5 (1) (a) or (b)”, substitute “18”.
26.1 Subrule 4 (10):
Omit “18, paragraph 5 (1) (a) or (b)”, substitute “18”.
26.2 Subrule 4 (12):
Omit “18, rule 5”, substitute “18”.
27.1 Subrule 2 (4):
Omit “Order 18, paragraph 5 (1) (a) (i) or (b) (i).”, substitute “paragraph 9 (1) (a) or (2) (a) or 10 (1) (a) or (2) (a) of Order 18.”.
28.1 Paragraph 9 (3) (a):
Omit the paragraph, substitute:
“(a) in accordance with paragraph 9 (1) (a), subrule 9 (2) or rule 10 of Order 18; and”.
29.1 Paragraph 2 (2) (i):
Omit the paragraph, substitute:
“(i) rule 1, subrule 2 (3), rule 4, subrule 5 (2), rule 13, subrule 15 (1) and rules 17 and 18 of Order 18;”.
30.1 Subrule 4 (2):
Omit the subrule, substitute:
In this rule,
“(a) any time spent taking instructions for, preparing and completing in handwriting or typing, an application in accordance with Form 4; and
(b) attending to have the verifying affidavit sworn; and
(c) copying the application; and
(d) attending to file the application and obtain a return date; and
(e) any attendances, letters and telephone calls to arrange service of the application, preparation of an acknowledgment of service, an affidavit of service and a proof of signature, and work done having those documents signed, filed and copied; and
(f) any conferences with the applicant; and
(g) if a solicitor appears in court personally—any time spent by the solicitor in travelling to, attending and appearing; and
(h) if a solicitor instructs a barrister or agent to appear in proceedings:
(i) any instructions and correspondence to, and telephone calls with, the barrister or agent; and
(ii) any fees of the barrister or agent in relation to the instructions; and
(i) perusing and copying the decree of dissolution of marriage and forwarding it to the applicant; and
(j) all necessary correspondence to, and telephone calls with, the applicant.”.
31.1 Subrule 24 (2):
Omit “prior to its being served on all persons affected by the taxation”.
31.2 Subrule 24 (3):
Omit the subrule, substitute:
The solicitor or party who files the bill of costs must serve a copy of the bill on each person affected by the taxation.”.
32.1 The Schedule to these Rules makes amendments to Schedule 1, and to Part 3 of Schedule 2, to the Family Law Rules.
33.1 Subrule 4 (2) of Order 38 of, and Part 3 of Schedule 2 to, the Family Law Rules, as in force immediately before the commencement of these Rules, continue to apply in relation to proceedings begun before 1 February 1995 as if these Rules had not been made.
______________
PART 1—AMENDMENTS TO SCHEDULE 1
1.1 Omit the heading, substitute:
Order 2, rule 5
FORMS”.
2.1 Omit the Form, substitute:
Order 7, rule 7
Court use only
[NAME OF COURT] Form 4 | File: Number: |
(Dissolution of marriage) | Filed at: Filed on: |
Family Law Rules Order 7, rule 7 Type or print clearly | Hearing place: |
Read instructions for each part before you answer it | Hearing time: and date |
☐ wife alone ☐ both together ☐
1. Family name used now | |||||
2 Given names | |||||
3 Full name on marriage certificate | |||||
4 Address | Postcode | Postcode | |||
5 Occupation | |||||
6 Date and country of birth | day/month/year country | day/month/year country | |||
7 Citizenship, domicile, residence | Australian citizen ☐ | Australian citizen ☐ | |||
FORM 4—continued
☐ | lived whole life in Australia ☐ | ||
regards Australia as his home ☐ | ☐ | ||
intends to live permanently in Australia ☐ | intends to live permanently in Australia ☐ | ||
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 ☐ Go to 9 Solicitor’s below ☐ (complete) Firm name: Code: Address: Postcode ) ) DX & suburb/town | ||
FORM 4—continued
9 Do you want to attend the court when it decides your application? Yes ☐ No ☐ | (Read instructions carefully before you put a cross in ‘No’) | |||
within 2 years of date of marriage | ||||
10 Date and country of marriage. | day/month/year country | |
11 When did you separate from your spouse? | day/month/year | |
12 (a) At the time you separated, did you or your spouse intend to end the marriage? | husband Yes ☐ No ☐ wife Yes ☐ No ☐ | |
Did you or your spouse move out of the home? | Yes ☐ No ☐ wife Yes ☐ No ☐ | |
13 (a) Have you and your spouse lived under the same roof at any time after you separated? | No ☐ go to 14 Yes ☐ go to (b) | |
Give dates and length of each period | day/month/year day/month/year from to day/month/year day/month/year from to | |
FORM 4—continued
14 (a) At any time after you separated, have you and your spouse lived as husband and wife? | No ☐ go to 15 Yes ☐ go to (b) |
Give dates and length of each period | day/month/year day/month/year from to day/month/year day/month/year from to |
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: a child of you and your spouse?; or a child treated as a member of your family when you last separated? | No ☐ go straight to F Yes ☐ how many? ____________ go to Part D |
17 Are there any family law, domestic violence or child welfare | No ☐ go to 19 Yes ☐ go to 18 |
FORM 4—continued
18 Give details—include name of court, date listed and orders sought, stage of proceedings (Use an extra page if there is not enough space) | |
19 Are there any | No ☐ go to 21 Yes ☐ go to 20 |
20 Give details—include name of court, date and orders made enough space) |
21 Child’s family name (surname) | ||
22 Given name(s) | ||
23 Date of birth | ||
24 Address | Postcode | Postcode |
FORM 4—continued
25 Who else lives in the child’s home? | husband ☐ wife ☐ other: | husband ☐ wife ☐ other: |
(a) name age/sex to child | ||
(b) name age/sex to child if there is not enough space)) | ||
26 Details for child (a) housing (b) supervision (c) access (d) financial support (e) education (f) health |
FORM 4—continued
27 Do you propose any substantial changes to these arrangements? | No ☐ Yes ☐ Give details | No ☐ Yes ☐ Give details |
21 Child’s family name (surname) | ||
22 Given name(s) | ||
23 Date of birth | ||
24 Address | Postcode | Postcode |
25 Who else lives in the child’s home? (a) name age/sex child (b) name age/sex child if there is not enough space) | husband ☐ wife ☐ other: | husband ☐ wife ☐ other: |
FORM 4—continued
26 Details for child (a) housing (b) supervision (c) access support (e) education (f) health | ||
27 Do you propose any substantial changes to these arrangements? If yes, give details | ☐ Yes ☐ Give details | ☐ Yes ☐ Give details |
I swear/affirm that: | |
1 I am the applicant | |
2 I have read this application | |
3 The facts of which I have 4 All other facts are true to information and belief. | personal knowledge are true the best of my knowledge, |
FORM 4—continued
Signature of husband | Signature of wife |
Sworn /affirmed | Sworn /affirmed |
place: date: | place: date: |
Before me—signature | Before me—signature |
Justice of the Peace ☐ Other ☐ (specify) | Justice of the Peace ☐ Other ☐ (specify) |
I gave the applicant(s) a copy of “Marriage, Families and Separation” | |
Signature of solicitor (if filing the application): | Signature of registry officer (if the applicant filing): |
Date: Print full name: | Date: |
FORM 4—continued
1 Husband -name -address | Given names Postcode | ||
2 Wife -name -address | Given names Postcode | ||
3 Date of marriage | date/month/year | ||
4 Counsellor -name -organisation -address 5 Details of counselling meetings | Given names Postcode | ||
FORM 4—continued
Section 44 (1B) I certify that both the wife and husband attended the counselling set out in (5) and considered reconciliation. | Section 44 (1C) I certify that: (a) only the wife ☐ husband ☐ attended counselling mentioned in (5) and considered reconciliation; and the wife ☐ husband ☐ was invited to consider reconciliation but did not attend. | |
Signature: Position: Date: | Signature: Position: Date: | |
FORM 4—continued
Read instructions first | ||
You should also read the enclosed brochure “Marriage, Families and Separation” carefully. It sets out the legal and possible social effects of these proceedings and the counselling and welfare facilities available. | ||
FORM 4—continued
You should sign, date and return the Acknowledgment of Service to the person who served the 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 B of the application, the court may agree unless you file an answer (Form 13 or 14) or file with the court and serve on your spouse a request not to determine the proceedings in absence (Form 10) at least 7 days before the date of the hearing. | |
You must fill in a response (Form 13 or 14) if you want to: deny any statement in the application; or ask the court to consider any additional information; or ask the court to dismiss the application; or make any other submission to the court; or deny that the court has jurisdiction to hear your case. |
FORM 4—continued
You must lodge the form with the court no later than:
You can obtain a copy of the form and instructions on how to serve it from the court. If you do not, the court may proceed with the application in your absence. | |
After that time you must first obtain the leave of the court to apply. | |
.............................................
| |
.................................. |
3.1 Omit the Form.
4.1 Omit the Form, substitute:
Order 10, subrule 2 (1)
Fill in boxes A and C (see application)
[NAME OF COURT] Form 13 | A. File Number | ||||
(Divorce or other Principal Relief) | Court use only B. Filed at Filed on | ||||
Family Law Rules—Order 10, rule 2 | C. Hearing date | ||||
Cross boxes which apply | |||||
1. Name of Applicant (from application) | Family name (Surname) Given Names | ||||
Name of Respondent | Given names | ||||
Respondent’s Solicitor (if applicable) | Name of solicitor | ||||
Firm name: _________________________________ ______________ ______________________________ ___________Postcode:___________ ( )____________ Fax: ( ) __________ DX and suburb/town: _________________________ | |||||
FORM 13—continued
Respondent’s address for service of documents | Solicitor above ☐ Other ☐ Specify: ___________________________ _____________________Postcode:_____________ | |
Who prepared this Response | Respondent ☐ Solicitor above ☐ | |
Do you want the Court to dismiss the application? | Yes ☐ No ☐ | |
Do you disagree with any statement in the application? | No ☐ go to 8. Yes ☐ give details (refer to each disputed statement by the same number it has in the application) | |
FORM 13—continued
Set out any other grounds on which you rely | |
9 (Divorce only) Do you say that the arrangements for the children are proper? | ☐ ☐ |
I swear/affirm that:
(1) I am the respondent.
(2) I have read this Response.
(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 of respondent: Sworn/affirmed:
Before me—signature
Full name of witness (print)
Other (Specify)______________
___________
5.1 Heading:
Omit the heading, substitute:
“RESPONSE OBJECTING TO JURISDICTION”.
5.2 Omit “answer” (wherever occurring), substitute “response”.
6.1 Omit the Form, substitute:
Order 18, paragraph 2 (1) (a)
and rule 3
Fill in boxes A and B
[NAME OF COURT] Form 18 | A. File Number |
Court use only B. Filed at Filed on | |
Family Law Rules—Order 18, rules 2 and 3 | C. Hearing date |
Name | Family name (surname) Given names |
Address for service | _____________________________________________________Postcode_______ ) Fax ( ) DX and Suburb/town: |
FORM 18—continued
3 Is this address for service of notices for all proceedings with the above file number? | Yes ☐ No ☐ only the proceedings concerning (specify) __________________________________ | |
Date: | ||
Signature:
Print solicitor’s name (if applicable)
Code: |
__________________
7.1 Omit the Form, substitute:
Order 18, paragraphs 11 (1) (a)
and 14 (2) (a)
Fill in boxes A and B
[NAME OF COURT] Form 19 | A. File Number |
Court use only B. Filed at Filed on | |
Family Law Rules—Order 19, rules 11 and 14 | C. Hearing date |
1. Full name of person served with documents | Family name (surname) Given names |
2. What is the person served called in the documents? | ☐ Wife ☐ ☐ Mother ☐ Other ☐ (specify)_________________ |
3. Date documents served |
FORM 19—continued
4. What documents were served? | (a) Copy of application for divorce stamped with the Court seal (b) “Marriage Families and Separation” brochure (Order 25, rule 3) (c) Copy of affidavit of ________________________ sworn/affirmed on ________________________ (d) Copy of application for ____________________ ________________stamped with the Court seal (e) Mediation brochure (see Order 25A, rule 21) Others (give details) (f) _____________________________________ (g)_________________________________________ |
OR I am the solicitor for the person
served. On behalf of my client I acknowledge service of documents as specified above in accordance with the Family Law Rules.
Date: _______________________
Signature of solicitor
Name (print):
Address:_______________________
_______________________
Solicitor’s code: |
This is the Acknowledgment of Service referred to in the Affidavit of _________
Sworn at____________________Before me:___________________
(Signature)
A Justice of the Peace ☐ Other ☐ (Specify)_________________
Order 18, paragraph 15 (2) (a)
Fill in boxes A and C
(see application)
[NAME OF COURT] Form 20 |
A. File Number | |
Court use only B. Filed at Filed on | |
Family Law Rules—Order 18, rule 15 | C. Hearing date |
| Given names __________________________________ __________________________________ __________________________________ |
2. Person served (full name) | Surname (Family Name) Given names |
3. What documents were served? | (a) Copy of Application for Divorce (dissolution of marriage), stamped with the Court seal (b) Form of Acknowledgment of Service (c) “Marriage, Families and Separation” brochure (Order 25, rule 3) (give details): _________________________________ _________________________________ |
4. How were they served on the person? | I posted them by prepaid post in an envelope addressed to the person
served at __________________________________________________________________ |
5. Date of posting |
FORM 20—continued
Acknowledgment | The Acknowledgment of Service is signed by the person named in (2) above. I have attached it to this Affidavit. | ||
| I swear/affirm that: 1 I am the person applying for the divorce; and 2 The person served is my spouse; and 3 The facts set out are true; and 4 I recognise the signature on the Acknowledgment of Service as that of my spouse as I have seen it on other occasions. | |||
Signature of applicant: Sworn/affirmed at:
signature
Full name of witness (print)
Justice of the Peace ☐ Other ☐ (Specify)___________________
___________________
8.1 Omit the Form, substitute:
“FORM 21 Order 18, paragraph 15 (2) (b)
Fill in boxes A and C
(see application)
[NAME OF COURT] Form 21 | A. File Number | ||||||
Court use only B. Filed at Filed on | |||||||
Family Law Act 1975—Order 18, rule 15 | C. Hearing date | ||||||
1. Name of person serving documents –address -occupation | Family name(Surname) Given names _________________________________________________ _________________________________________________ _________________________________________ | ||||||
2. Person served (name) | Family name (surname) Given names | 3. Date documents served day/month/year | |||||
4. What documents were served? | (a) ☐ Copy of application for divorce, stamped with the Court seal (b) ☐ Form of Acknowledgment of Service (c)“☐ Marriage, Families and Separation” brochure (Order 25, rule 3) (d) ☐ Other
| ||||||
FORM 21—continued
5. How were they served on the person? | I handed them to the person at (give address)________________________ ☐ ☐ The person refused to accept them. I put them down and left them in the presence of the person and said to the person: ________________________ _______________________________________ ☐ I posted them by pre-paid post
in an envelope addressed to the person at | |
6. How was the person identified? | I know the person ☐ The person is shown in the attached photograph ☐ I had the following conversation with the person on (date):___________________ (set out conversation with the person): ☐ | |
FORM 21—continued
I swear/affirm that the facts set out are true.
Sworn/affirmed:
Before me—signature
Full name of witness (print)
Justice of the Peace ☐ Other ☐ (Specify)___________________
__________________
9.1 Omit the Form, substitute:
“FORM 22 Order 18, paragraph 15 (2) (c)
Fill in boxes A and C
[NAME OF COURT] Form 22 | A. File Number | ||||
Court use only B. Filed at Filed on | |||||
Family Law Rules—Order 18, rule 15 | C. Hearing date | ||||
1. Name of person serving documents –address -occupation | Family name (surname) Given names | ||||
2. Person served (name) | Surname (Family Name) Given names | / / / | |||
4. What documents were served?
| ☐ Affidavit of ____________________________ _________________sworn/affirmed on _______ ☐ (c) Form of Acknowledgment of Service ☐ (d) “Marriage, Families and Separation” brochure (Order 25, rule 3) ☐ ☐ ☐ | ||||
FORM 22—continued
5. How were they served on the person?
| I handed them to the person at _______________________________________ ☐ I posted them by pre-paid post
in an envelope addressed to the person at ________________________________________________________________________________ ☐ I delivered them to the address
for service of the person at _______________________________________ ☐ I faxed them to the fax number in the person’s address for service: _(___)___________________ Other |
6 How was the person identified?
| ☐ I know the person ☐ The person is shown in the attached photograph ☐ I saw the person sign the Acknowledgment of Service attached ☐ I had the following conversation with the
person on (date):_________________ |
FORM 22—continued
I swear/affirm that the facts set out are true.
Signature of person in 1: Sworn/affirmed :
Before me—signature
Full name of witness (print)
Justice of the Peace ☐ Other ☐ (Specify)___________________
__________________
FORM 23 Order 18, subrule 16 (1)
Fill in boxes A and B
[NAME OF COURT] Form 23 | A. File Number | ||
Court use only B. Filed at Filed on | |||
Family Law Rules—Order 18, rule 16 | C. Hearing date | ||
Full name Address | Given names | ||
I swear/affirm that:
1 The attached completed Acknowledgment of Service is signed by (give full name): _____________________________________________________
2 I recognise the signature on the Acknowledgment of Service because I have seen the person sign that way on other occasions.
Signature: Sworn/affirmed:
Before me—signature
Full name of witness (Print)
Justice of the Peace ☐ Other ☐ (Specify)_____________________
10.1 Omit the Forms.
PART 2—AMENDMENTS TO PART 3 OF SCHEDULE 2
11.1 Omit “$488”, substitute “$510”.
12.1 Omit “$344”, substitute “$380”.
13.1 Omit “$600”, substitute “$480”.
14.1 Omit “$462”, substitute “$360”.
____________________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 5 December 1994.2. 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 and 152.
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