Family Law Rules (Amendment) (Cth)
WE, Judges within the meaning of section 123 of the
Dated 22 June 1989.
ALASTAIR NICHOLSON
W. S. SIMPSON
J. F. FOGARTY
T. E. LINDENMAYER
STEVEN STRAUSS
H. R. FREDERICO
P. E. NYGH
I. W. P. McCALL
R. C. WOOD
T. MCGOVERN
B. ROSS-JONES
RODERICK JOSKE
JOSEPHINE M. MAXWELL
J. T. GUN
GEOFFREY I. WALSH
ADRIAN SMITHERS
ADRIAN COOK
R. J. BULLEY
W. B. TREYVAUD
P. F. UNDERHILL
PETER B. HASE
RICHARD W. GEE
M. A. RENAUD
J. S. PURDY
J. V. KAY
G. R. MULLANE
MARY JANE M. LAWRIE
G. E. FERRIER
D. R. ANDERSON
(SR 126/89)—Cat No. 6/23 6 1989
A. GRAHAM
ALWYNNE ROWLANDS
P. J. MOSS
H. W. OLNEY
J. COHEN
Judges of the Family
Court of Australia
C. R. SPINK
Acting Principal Registrar,
Family Court of Australia
I. W. P. McCALL
G. E. FERRIER
D. R. ANDERSON
Judges of the Family
Court of Western
Australia
J. D. EDWARDS
Registrar,
Family Court of Western Australia
(a) by omitting from the definition of “application” all words after “jurisdiction is” and substituting “vested in the Family Court, and includes a cross application, further application, application for leave to intervene or third party notice;”;
(b) by omitting the definitions of “party to proceedings” and “pleading” and substituting respectively the following definitions:
“ ‘party’, in relation to proceedings, means an applicant, respondent or third party, or an intervener other than an intervener not deemed to be a party;
‘pleading’, in relation to proceedings, means an application, answer, cross application, reply or third party notice or any further pleading under Order 11;”;
(c) by omitting from the definition of “respondent” “or an intervener” and substituting “, a third party or an intervener”.
“2. (1) Subject to these Rules, where an application for principal relief is filed in a registry of a court, the return day of the application shall be fixed by the Registrar of the registry and shall be:
(a) in the case of an application other than a joint application:
(i) where the respondent is in Australia—not earlier than 42 days; or
(ii) where the respondent is outside Australia—not earlier than 56 days; or
(b) in the case of a joint application—not earlier than 21 days; after the day on which the application is filed.
“(2) Where an application other than an application for principal relief or an application filed in a court of summary jurisdiction is filed in a registry of a court, the day for a directions hearing shall be fixed by the Registrar of the registry and endorsed on the application.
“(3) The day fixed under subrule (2) shall be a day not earlier than 56 days after the day on which the application is filed.
“(4) Where the applicant makes an application for interim or interlocutory relief:
(a) subrule (2) does not apply; and
(b) the Registrar shall fix a day for the hearing of that last-mentioned application.
“(5) At the hearing of the application for interim or interlocutory relief, the court may:
(a) give such directions as it thinks fit as at a directions hearing; or
(b) fix a day for a directions hearing;
or both.
(a) by inserting in subrule (1) “, or procedure,” after “application”;
(b) by inserting in paragraph (3) (a) “or interlocutory” after “interim”;
(c) by omitting subrule (4) and substituting the following subrules:
“(4) Notwithstanding any provision of these Rules, where, in an application to which this rule applies, a party seeks only the making of orders the terms of which have been agreed on by all the parties to the proceedings, an affidavit need not be filed in support of the application unless the court otherwise orders.
“(5) An application to which this rule applies in which any interim or interlocutory order is sought shall be accompanied by an affidavit in support.
“(6) The answer to so much of an application to which subrule (5) applies as relates to an interim or interlocutory order shall be by way of affidavit in accordance with Order 15.
“
“3. (1) A respondent in proceedings for principal relief who wishes to contest the jurisdiction of the court may file an answer objecting to jurisdiction in accordance with Form 14.
“(2) An answer objecting to jurisdiction shall be served on the applicant as soon as practicable after it has been filed.
“(3) Where the court overrules an objection to jurisdiction, the court shall give directions as to the further conduct of the proceedings.”.
“ORDER 11
“1. Subject to these Rules, this Order applies only to proceedings instituted by an application in accordance with Form 7.
“2. In this Order, unless the contrary intention appears:
‘party’ includes any intervener;
‘proceedings’ means proceedings to which this Order applies.
“3. A pleading shall not be filed in proceedings except in accordance with this Order.
“4. A pleading shall:
(a) be headed with a description of the pleading;
(b) bear the date on which the pleading is filed;
(c) be divided into numbered paragraphs;
(d) in each paragraph, as far as practicable, deal with not more than one part of the subject-matter of the pleading;
(e) if settled by counsel—bear the name of that counsel;
(f) whether or not bearing the name of counsel—be signed by the party filing the pleading or that party’s solicitor; and
(g) be verified by affidavit.
“5. (1) A pleading shall:
(a) be as brief as practicable;
(b) subject to rule 6 of this Order:
(i) contain only the material facts on which the party relies; and
(ii) not include the evidence by which those facts are to be proved;
(c) state specifically the orders sought; and
(d) where a claim for relief arises under any enactment other than the Act—specify any relevant provision of that enactment.
“(2) Where a pleading refers to documents or spoken words, it is sufficient to state their effect.
“6. (1) A party may, in a pleading:
(a) raise a point of law; or
(b) subject to subrule (2), plead a conclusion of law.
“(2) A conclusion of law shall not be pleaded unless the material facts supporting the conclusion are contained in the pleading.
“7. (1) A fact that is material in proceedings shall be pleaded if failure to plead the fact is likely to cause another party to be taken by surprise.
“(2) In a pleading subsequent to an application initiating proceedings, a party shall plead specifically:
(a) any fact or point of law advanced to allege that the claim or answer of another party is not maintainable; and
(b) any relevant fact on which the party wishes to rely not contained in, or not arising out of, a previous pleading of that party in the proceedings.
“8. (1) An answer to an application in proceedings shall be filed and served not later than 28 days after the day of service of the application on the respondent in those proceedings.
“(2) A reply in proceedings shall be filed and served on the applicant in those proceedings not later than 14 days after the day of service of the relevant answer.
“9. Subject to these Rules, a party is entitled to plead in proceedings any fact or matter arising after the commencement of the proceedings.
“10. A party is not entitled, in a pleading, to make an allegation of fact, or to raise a claim, that is inconsistent with another pleading of the party unless the relevant allegations of fact or claims are pleaded in the alternative.
“11. Where a pleading or any part of a pleading:
(a) does not disclose a valid claim for relief or a valid answer or reply;
(b) is scandalous, frivolous or vexatious;
(c) may cause prejudice, embarrassment or delay in the proceedings: or
(d) is otherwise an abuse of the process of the court;
the court may order that the whole or any part of the pleading be struck out or amended.
“12. (1) Where a party to proceedings fails to file and serve a pleading as required by this Order, any other party may apply for an order:
(a) that the proceedings be stayed or dismissed;
(b) that the court make orders as specified in the application without receiving evidence; or
(c) that a pleading be filed and served by the first-mentioned party within a time specified in the order;
and the court may make the order accordingly.
“(2) An order under subrule (1) may impose terms and conditions and may specify such consequences for non-compliance with the order as the court thinks just.
“13. (1) A party by whom a pleading has been filed in proceedings may withdraw the pleading:
(a) at any time before the expiry of the time for the filing of a pleading—by filing a notice of withdrawal of pleading in accordance with Form 15; or
(b) at any later time—with the leave of the court.
“(2) Where a party withdraws a pleading:
(a) that party shall, as soon as practicable after the withdrawal, serve a copy of the notice of withdrawal on each other party to the proceedings;
(b) the court may make any order that is appropriate in relation to the hearing or further hearing of the proceedings; and
(c) the pleading shall remain on the court file.
“(3) The withdrawal of a pleading does not preclude any other party from using the pleading in evidence or in cross-examination.
“14. (1) A party served with an application in proceedings may file an answer in accordance with Form 7a.
“(2) In the answer, the respondent may:
(a) answer any fact or matter contained in the application;
(b) ask the court to dismiss the proceedings; and
(c) in relation to any order sought by the applicant, ask the court to make a different order, setting out specifically the order sought.
“(3) A fact or matter contained in the application shall be taken to be admitted by the respondent except as the respondent specifically pleads in his or her answer.
“15. Where the respondent to an application in proceedings seeks an order other than the order sought in the application, the respondent may file an answer and cross application in accordance with Form 7a.
“16. (1) An applicant in proceedings may reply to an answer, or answer and cross application, by filing a reply in accordance with Form 7b.
“(2) The reply may:
(a) ask the court to dismiss the answer, or answer and cross application;
(b) admit or deny any fact or matter contained in the answer, or answer and cross application; and
(c) in relation to any order sought in the answer, or answer and cross application, ask the court to make a different order, setting out specifically the order sought.
“(3) An applicant in proceedings shall be taken to deny a fact or matter set out in an answer in those proceedings except as the applicant specifically pleads in a reply.
“(4) An applicant in proceedings shall be taken to admit a fact or matter set out in a cross application in those proceedings except as the applicant specifically pleads in a reply.
“17. A party shall not, except with the leave of the court, file or serve any pleading subsequent to a reply.
“18. The parties may file pleadings consequent on a cross application as if the cross application was an application.
“19. (1) A respondent in proceedings who wishes to contest the jurisdiction of the court may file an answer objecting to jurisdiction in accordance with Form 14.
“(2) The answer objecting to jurisdiction shall be served on the relevant applicant as soon as practicable after it has been filed.
“(3) Where the court overrules an objection to jurisdiction, the court shall give directions as to the further conduct of the proceedings.
“20. (1) On a directions hearing, the court shall give any directions with respect to the conduct of the proceedings that the court thinks appropriate.
“(2) Without prejudice to the generality of subrule (1), the court may make orders with respect to:
(a) discovery, inspection and production of documents;
(b) specific questions;
(c) inspection of real or personal property;
(d) admissions of fact or of documents;
(e) the defining of the issues by further pleadings or otherwise;
(f) intervention;
(g) the giving of notice to persons other than parties;
(h) service;
(i) venue;
(j) amendments;
(k) cross applications;
(l) the filing of affidavits;
(m) the giving of particulars;
(n) the appointment of a conference under Order 24;
(o) counselling;
(p) inquiries by court officers;
(q) expert evidence;
(r) the giving of evidence at the hearing; and
(s) costs.
“(3) The court may vary or revoke any order made under this rule.
“21. (1) At a directions hearing the court may:
(a) fix a day for a further directions hearing;
(b) if the parties agree and the court thinks fit—hear and dispose of the proceedings;
(c) if no applicant appears at the hearing—dismiss the application or make any other order the court thinks appropriate (or both); and
(d) if no respondent appears at the hearing—do any of the following: give judgment for the applicant, make any other order or give any direction the court thinks appropriate.
“(2) At a directions hearing each party shall, as far as practicable, apply for:
(a) any interlocutory order that party may require in respect of which an application has not previously been made; and
(b) any directions pursuant to Rule 20 that party may require.
“22. Where an application is filed in a court of summary jurisdiction, the Registrar of the court may fix a day for the summary hearing of the proceedings, and the proceedings shall, unless the court otherwise orders, be dealt with and disposed of by that court without a directions hearing.
“23. (1) A party that has served a pleading may amend the pleading:
(a) before the expiry of the period fixed under rule 8 of this Order— once without leave; and
(b) at any time before the matter is set down for hearing—with the consent of all the parties.
“(2) Where a party amends a pleading in accordance with paragraph (1) (a), the court may, on application by any other party not later than 14 days after the day of service of the amended pleading on that party, disallow the amendment or allow it wholly or in part.
“24. (1) The court may, for the purpose of:
(a) determining the real issues in the proceedings;
(b) furthering the efficient conduct of the proceedings; or
(c) correcting any defect or error in the proceedings;
at any stage of the proceedings, give leave to any party to amend a pleading.
“(2) A pleading may be amended under subrule (1):
(a) notwithstanding that the effect is to add or substitute a claim arising after the commencement of the proceedings; and
(b) whether or not the effect is to substitute another person as a part).
“25. An order giving leave to amend a pleading ceases to have effect:
(a) on the expiry of any period fixed by the order in relation to the making of the amendment; or
(b) if no such period is fixed—-14 days after the day of the making of the order.
“26. A party amending a pleading shall, unless the Registrar otherwise directs, file with the Registrar a copy of the pleading that indicates clearly each amendment made.
“27. There shall be endorsed on an amended pleading:
(a) the date on which leave to amend the pleading was granted (if applicable): and
(b) the date on which the amended pleading was filed or the amendment made.
“28. The party amending a pleading shall, as soon as practicable after the day on which the amendment is made or filed, serve a copy of the pleading as amended on each other party to the relevant proceedings.
“29. (1) A party who has been served with a pleading that is later amended may, not later than 14 days after being served with the amended pleading, file a pleading in answer to the amended pleading.
“(2) A party referred to in subrule (1) who does not file a pleading in answer under that subrule shall be taken to rely on any pleading filed before the amendment.”.
“4. (1) Where the Court makes an order giving leave to a person to intervene in proceedings, the person shall:
(a) not later than 14 days after the making of the order:
(i) file a notice of intervention in accordance with Form 15C; and
(ii) file an application in accordance with Form 8 setting out specifically the orders sought (if any) as an intervener; and
(b) as soon as practicable, serve a copy of the order, notice and application (if any) on each other party to the proceedings.
“(2) Unless the Court otherwise orders, an application referred to in paragraph (1) (b) shall be taken to be an application to which Order 11 applies.
“(3) At any time during proceedings, the court may order:
(a) a party;
(b) a person seeking leave to intervene; or
(c) a person to whom leave to intervene has been given, not being a party;
to give notice, in such form as the court determines, to any persons specified in the order:
(d) that those proceedings have been instituted; and
(e) that a person seeks, or has been given, leave to intervene in the proceedings.”.
“5. (1) Where a respondent in proceedings claims against a person not already a party to the proceedings;
(a) any contribution or indemnity; or
(b) any relief or remedy related to the subject-matter of the proceedings and substantially the same as some relief or remedy claimed by the applicant in the proceedings;
or seeks to have any question relating to the proceedings determined not only between the applicant and respondent but between either or both of them and that person, the respondent may, subject to subrule (2), join that person as a third party to the proceedings.
“(2) A respondent in proceedings may join a person as a third party before the directions hearing in the proceedings or, with the leave of the court, after that hearing.
“(3) The respondent may claim relief against a third party by filing a claim against a third party in accordance with Form 15b.
“(4) The claim shall set out:
(a) specifically the relief claimed;
(b) the material facts on which the claim is based; and
(c) if the claim is made in reliance on a cross-vesting law—such particulars of the claim as are required under Order 31a of these Rules.
“(5) On the filing of a claim against a third party:
(a) the person named in the claim as a third party shall become a party to the proceedings;
(b) the Registrar shall, in relation to that claim, file a third party notice in accordance with Form 15b; and
(c) the respondent shall, not later than 14 days after the filing of the notice, serve a copy of the notice on the third party.
“(6) There shall be served together with the third party notice:
(a) the claim for relief;
(b) any order of the court giving leave to file the claim; and
(c) one copy of each of the following:
(i) the application initiating the relevant proceedings; and
(ii) any other pleading or relevant affidavit filed and served in the proceedings.
“(7) Where a claim against a third party is filed in a court of summary jurisdiction, the Registrar of the court may fix a day for the summary hearing of the proceedings, and the proceedings shall, unless the court otherwise orders, be dealt with and disposed of by that court without a directions hearing.
“6. (1) A third party served with a third party notice may file and serve an answer, or an answer and cross application, in accordance with Form 7a as if the notice were an application and the third party the respondent, but may not file any subsequent pleading except as the court otherwise orders.
“(2) Where a third party files a cross application in proceedings, the applicant in the proceedings may not be joined as a respondent to the cross application unless that applicant and the respondent in the proceedings could be joined as respondents if separate proceedings were brought by the third party in relation to the subject-matter of the cross application.
“7. Where an application is made in proceedings concerning the welfare, guardianship, custody or maintenance of a child, or access to a child, any parent of the child who is not an applicant in the proceedings shall, unless the court otherwise orders, be a respondent in the proceedings.
“8. Where an application is made concerning the welfare, guardianship, custody or maintenance of, or access to, a child, notice of the proceedings shall be given in such form as the court may determine:
(a) if the person having the custody, guardianship or care and control or supervision of the child is not a party to the proceedings—to that person; and
(b) to any other person as the court may direct.
“9. (1) Where a person dies and proceedings may, under the Act, be instituted or continued in a court by or against the estate, or the legal personal representative, of the person, the court may make any orders it thinks proper with respect to the conduct of the proceedings, including:
(a) an order that the legal personal representative of the person be substituted for the person as a party;
(b) an order that notice of the proceedings be given to any person and in such manner as it thinks fit;
(c) an order granting leave to intervene in the proceedings to any person and upon such conditions as it thinks fit; and
(d) an order for the amendment of pleadings and other documents in the proceedings, in such manner and subject to such conditions as it thinks fit.
“(2) For the purposes of this rule, ‘legal personal representative’ includes a person who has been granted letters of administration limited to the purpose of taking, continuing or defending the proceedings”.
“15. Except as these Rules otherwise provide or the court otherwise directs:
(a) an affidavit shall not be filed except in an interim or interlocutory application; and
(b) an affidavit that is filed for the purposes of such an application shall not be received in evidence except in relation to that application.”.
“ORDER 16
“1. (1) Where an application is filed for approval of a maintenance agreement under section 87 of the Act, the applicant shall, unless such document is already filed, file with the application:
(a) a statement or affidavit in accordance with Order 17, rule 2; and
(b) any affidavit or other document necessary to support the application and relevant to the question whether the provisions of the agreement with respect to financial matters are proper.
“(2) Before the return day of the application, the respondent shall file:
(a) a statement or affidavit in accordance with Order 17, rule 2; and
(b) any affidavit or other document necessary to support the respondent’s position in relation to the application and relevant to the question whether the provisions of the agreement with respect to financial matters are proper.
“2. Where an urgent interim or interlocutory application is filed, the applicant shall file with the application an affidavit setting out:
(a) the circumstances of urgency; and
(b) only those facts and matters that are reasonably necessary to support the application.”.
“6a. The court shall not make an order under rule 6 of this Order before the respondent has served his or her answer to the relevant application unless the court considers:
(a) that the order should be made to enable the respondent to plead;
or
(b) that there are special reasons for making the order.”,
“(2) Except as these Rules otherwise provide or the court otherwise orders, there shall not be admitted in evidence at a hearing (other than the hearing of an interim or interlocutory application) any affidavit except:
(a) one affidavit by the party having the conduct of the proceedings;
(b) one affidavit by each other party:
(c) one affidavit in reply by the party referred to in paragraph (a); and
(d) one affidavit by each other witness.
“(3) An affidavit referred to in subrule (2) shall be filed and served not later than 7 days before the day fixed for the hearing.”.
(a) by inserting after paragraph (2) (b) the following paragraph:
“(ba) Order 7;”;
(b) by omitting from paragraph (2) (d) “, subrules 1 (2) and 2 (2), paragraph 2 (3) (c) and subrule 2 (4)”;
(c) by omitting from paragraph 2 (g) “. rule 4, subparagraph 5 (b) (iv) and subrule 6 (1)”;
(d) by omitting from paragraph 2(h) “, rules 8, 9, 10 and 11 and subrule 2(4)”.
“(ma) the power to grant leave to intervene in proceedings under section 92 of the Act;”.
(a) by omitting Form 7 and substituting the following forms:
“FORM 7 Order 7, rule 9
APPLICATION INITIATING PROCEEDINGS
(
DATE OF FILING. | . . 19 ] | |
APPLICANT’S ADDRESS FOR SERVICE. | ] | |
[ | ] | |
[ | ] | |
[ | ] | |
| [ | ] |
To the respondent:
(
The attached application has been set down for hearing, that is.
* a directions hearing
* the hearing of an interim or interlocutory application
* a hearing to determine the matter (court of summary jurisdiction)
by the court at
on 19 , at *a.m./*p.m.
If you wish to defend this application or to seek some other order you must:
(a) if the matter has been set down for a directions hearing—file an answer or an answer and cross application in accordance with Division 2 of Order 11 of the Family Law Rules not later than 28 days after service of this application on you; or
(b) if the matter has been set down for the hearing of an interim or interlocutory application– file a cross application and affidavit in support in accordance with Order 15 of the Family Law Rules at the earliest practicable date before the return day set out above.
If you do not appear at any hearing set down as abovementioned, the court may proceed to make the orders sought in the application, or similar orders, in your absence.
Dated 19 .
......................................
Registrar
INITIATING APPLICATION
1 ORDERS SOUGHT
(
State briefly and clearly the orders the applicant seeks )
Final orders (1)
(2)
(3)
*
Interim/* and/ * interlocutory orders (4)
(5)
(6)
2. OCCUPATIONS OF PARTIES
The applicant’s occupation is:
The respondent’s occupation is
3
MARRIAGE (
The husband and wife were married at
In (
on 19
The marriage was dissolved by the court at
on 19
The marriage still subsists
4.
AGE OF PARTIES (
The * husband/ * father/was born at
In on 19 .
The * wife/ * mother/was born at
In on 19 .
5 JURISDICTION
The facts upon which the applicant relies to found the jurisdiction of the court are as follows:
(
6. CHILDREN
The full name, date of birth and relationship to the applicant of each child the subject of these proceedings is as follows
(1)
(2)
(3)
The full name date of birth and relationship to the applicant of each other child relevant to these proceedings is as follows
(4)
(5)
(6)
7. OTHER PROCEEDINGS
The following are particulars of orders still operative, and of pending proceedings, in family law or child welfare proceedings concerning the parties * and/ * a child/ * children/ and of any relevant child agreement or maintenance agreement
(a) operative orders
(b) pending proceedings
(c) child agreements
(d) maintenance agreements
8. GUARDIANSHIP CUSTODY AND ACCESS
The present arrangements for the * child/ * children/ are
(a) housing
(b) other occupants of house and relationship (
(c) supervision
(d) education
(e) health of * child/* children/ and parents or applicant
(f) access
(g) maintenance and other financial support for children:
(h) other relevant facts
The changes (
The parties have had counselling as follows
(
9. PROPERTY
The husband and wife cohabited during the following periods
(1)
(2)
All of the property of each party at the time of the filing of this application is identified and described to the best of the applicant s knowledge and ability in the Statement of Financial Circumstances or affidavit in lieu of that statement filed with this application
The facts relied on by the applicant in seeking an order under section 78 of the Act are as follows
The initial financial contribution of each party at the time of the commencement of cohabitation was as follows
(a) As to the applicant * husband/*wife
(b) As to the respondent * husband/*wife/
• the facts relied upon pursuant to paragraphs 79 (4) (a) to (d) of the Family Law Act arc as follows
• The facts relied upon pursuant to paragraph 79 (4) (e) of the Family Lav. Act are as follows
• Other relevant facts relied upon by the applicant are as follows
10. MAINTENANCE
The facts relied upon by the applicant as to the maintenance orders sought are as follows
11. INJUNCTIONS AND OTHER RELIEF
Further facts relied upon by the applicant in seeking the * interim/* interlocutory/ orders referred to in paragraph 1 are as follows
12 CROSS-VESTING LAW
This application is made in reliance on a cross-vesting law as follows
(
Set out any relevant provision o/ the cross-vesting law and include a statement of the claim and the grounds on which the applicant relies )
This is an application transferred to a Family Court under a cross-vesting law as follows.
(
Set out a statement of the claim and the grounds on which the applicant relies including a reference to and any relevant provision of the cross-vesting law on which the applicant relies )
This application was * prepared/* settled/ by (
Dated 19 .
Solicitor for the applicant/applicant
*
Set out concisely in separate paragraphs the facts and matters relied on in accordance with Order 11 rules 5 to 7 (inclusive )of the Family Law Rules
DIRECTION
You should provide the information sought under each heading in the above form of application that is relevant to your case You are not required to complete any parts of the form that arc not relevant
AFFIDAVIT OF APPLICANT
I, (
1. I am the applicant and have read this application
2. The facts stated in the application that are within my personal knowledge are true All other facts stated in the application are true to the best of my knowledge, information and belief
*SWORN/*AFFIRMED by the applicant
at
on 19 .
..............................................
(
Before me
..............................................
(
DECLARATION BY SOLICITOR
I, (full
state
1. I am the solicitor tor the applicant
2. In compliance with rule 3 of Order 25 of the Family Law Rules. I have furnished to the applicant a document setting out the legal and possible social effects of the proceedings and the counselling and welfare facilities available
..............................................
(
FORM 7A Order 11, rules 14 and 15
ANSWER AND CROSS APPLICATION
(
In answer to the *application/*cross application/*third party notice/filed on 19
the respondent *husband/*wife/states.
PART I—ANSWER
(
(1)
(2)
*PART II-CROSS APPLICATION
(
(3)
(4)
A. The cross applicant claims
(
(1)
(2)
B The following particulars are relevant to the orders sought
(
Paragraphs 8, 9, 10, 11 in. Form 7 in Schedule 1 to the Family Law Rules deal with Guardianship, custody and access. Property Maintenance and Injunctions and other relief respectively. You should set out the particulars in accordance with whichever of those paragraphs is or are relevant )
This
*answer/*answer and cross application/was *prepared/*settled/ by (
Dated 19 .
...............................................................
*Respondent/*third party/*solicitor
1 Set out concisely in separate paragraphs the facts and matters relied on in accordance with Order 11 rules 5 to 7 (inclusive )of the Family Law Rules
AFFIDAVIT
I. (
1. I am the respondent and have read this *answer/*answer and cross application
2. The facts stated in the *answer/*answer and cross application/that are within my personal knowledge arc true All other facts slated in the *answer/*answer and cross application/are true to the best of my knowledge, information and belief
*SWORN/*AFF1RMED/ by the respondent
at
on 19 .
….............................................
(
Before me
.............................................
(
FORM 7B Order 11, rule 16
REPLY
(
In reply to the *answer/*answer 10 cross application/filed on 19 . the
*applicant/*cross applicant/states
(
set out matters to be pleaded )
This reply was *prepared/*settled/by (
Dated 19 .
.........................................
Applicant/solicitor
I.
Set out concisely in separate paragraph the facts and matters relied on in accordance with Order 11 rules 5 to 7 (inclusive )of the Family Law Rules
AFFIDAVIT
I, (
1. I am the *applicant/*cross applicant/ and have read this reply
2. The facts stated in the reply that are within my personal knowledge are true. All other facts slated in the reply are true to the best of my knowledge, information and belief.
*SWORN/*AFFIRMED/by the *applicant/*cross applicant/
at
on 19 .
…..….……..........................................................
(
Before me
........................................................
(
(b) by omitting Form 14 and substituting the following form:
“FORM 14 Order 10, rule 3
Order 11, rule 19
ANSWER OBJECTING TO JURISDICTION
(
DATE OF FILING
RESPONDENT’S ADDRESS FOR SERVICE
1. In answer to the application filed on 19 , the respondent objects to the jurisdiction of the court on the following grounds:
(
2. The respondent therefore asks the court to dismiss the application.
This answer was *prepared/*settled/by (
Dated 19 .
..………………………………..
Solicitor for the respondent
AFFIDAVIT
I (
1. I am the respondent and have read this answer objecting to jurisdiction.
2. The facts stated in the answer that are within my personal knowledge are true All other facts stated in the answer arc true to the best of my knowledge, information and belief.
*SWORN/*AFFIRMED/by the respondent
at
on 19 .
…………………………………
(
Before me
(
(c) by inserting after Form 15a the following forms
“FORM 15B Order 14, rule 5
THIRD PARTY CLAIM AND NOTICE
(
CLAIM AGAINST A THIRD PARTY
To (
The respondent makes the following claim against you as a third party in the abovementioned proceedings:
(
2. The material facts on which the claim is based are:
1 *3. The claim is made in reliance on a cross vesting law. The following are particulars of the claim is required under Order 31a of the Family Law Rules.
This claim was *prepared/*settled/by (
Dated 19 .
*Respondent/*solicitor
1 . Set out concisely in separate paragraphs the facts and matters relied on in accordance with Order 11 rules 5 to 7 (inclusive )of the Family Law Rules.
AFFIDAVIT
I (
1. 1 am the respondent and have read this claim against a third party.
2. The facts stated in the claim that are within my personal knowledge are true. All other facts stated in the claim are true to the best of my knowledge information and belief.
*SWORN/*AFFIRMED/by the respondent
at
on 19 .
………………………………….
(
Before me
.............................................................
(
THIRD PARTY NOTICE
To (
1. The applicant in these proceedings makes the following claim against the respondent: (
state briefly and clearly the nature of the claim )2. A copy of the application in relation to those proceedings is included with this notice.
3. The respondent makes the following claim against you as set out in the claim against a third party attached to this notice and marked:”
(
state briefly and clearly the nature of the claim )4. If you wish to dispute the applicant’s claim against the respondent, or the respondent’s claim against you, you must file a response to this notice not later than 14 days after service of this notice on you.
These proceedings HAVE BEEN SET DOWN FOR * A DIRECTIONS HEARING/* HEARING/
by the Court at on 19 at *a.m./*p.m.
If you do not appear at the hearing, the Court may proceed to make orders in the matter in your absence
Dated 19 .
Registrar
“FORM 15C Order 14, rule 4
NOTICE OF INTERVENTION
(
(
by the Court on 19 .
Dated 19 .
......................................
Registrar
1. Notified in the
Commonwealth of Australia Gazette on 30 June 1989.2. Statutory Rules 1984 No. 425 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1989 No. 49 andsee also Statutory Rules 1989 No. 49.
Printed by Authority by the Commonwealth Government Printer
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