Family Law Rules (Amendment) (Cth)

Statutory Rules 1988 No. 151

Family Law Rules2 (Amendment)

WE, Judges within the meaning of section 123 of the Family Law Act 1975, hereby make the following Rules of Court under that Act.

Dated 11 February 1988.

ALASTAIR NICHOLSON

ALAN J. BARBLETT

J. EDWARD ELLIS

H. C. EMERY

W. S. SIMPSON

J. F. FOGARTY

K. A. MURRAY

T. McGOVERN

B. M. HOGAN

W. G. DOVEY

GRAHAM R. BELL

T. E. LINDENMAYER

B. ROSS-JONES

T. R. JOSKE

JOSEPHINE M. MAXWELL

S. STRAUSS

H. R. FREDERICO

G. I. WALSH

ADRIAN SMITHERS

ADRIAN COOK

G. J. F. YUILL

R. J. BULLEY

W. B. TREYVAUD

G. E. LAMBERT

EDWARD BUTLER

P. F. UNDERHILL

P. E. NYGH

PETER B. HASE

JOHN ELLIOTT

RICHARD W. GEE

(S.R. 3/87)—Cat. No 4/16.2.1988

N. J. BUCKLEY

M. A. RENAUD

J. S. PURDY

RODNEY J. PURVIS

JOHN R. WILCZEK

GRAHAM MULLANE

MARY JANE LAWRIE

I. W. P. McCALL

D. F. CONNOR

D. R. ANDERSON

A. GRAHAM

Judges of the Family

Court of Australia

W. P. JOHNSTON

Principal Registrar,

Family Court of Australia

ALAN J. BARBLETT

I. W. P. McCALL

D. F. CONNOR

D. R. ANDERSON

Judges of the Family

Court of Western

Australia

J. D. EDWARDS

Registrar,

Family Court of Western Australia

Requirements with respect to documents

1. Rule 2 of Order 2 of the Family Law Rules is amended by omitting paragraph (f) and substituting the following paragraph:

“(f) have a cover sheet in accordance with Form 1b.”.

Title to documents

2. Rule 3 of Order 7 of the Family Law Rules is amended:

(a) by omitting from subrule (1) “sub-rule (2)” and substituting “subrules (2) and (2a)”; and

(b) by inserting after subrule (2) the following subrule:

“(2a) Where the words “(Short title)”appear immediately below the heading to a form in the Schedule, a document in accordance with that form is to be entitled in accordance with Form 1a.”.

3. Rule 2 of Order 25 of the Family Law Rules is repealed and the following rule substituted:

Notice seeking counselling

“2. A notice filed under subsection 15 (1) of the Act and a notice to seek assistance under subsection 16 (2) of the Act shall each be in accordance with Form 32.”.

Schedule 1

4. Schedule 1 to the Family Law Rules is amended:

(a) by omitting Forms 1 to 8 (inclusive), 12, 32, 33, 42, 43, 47, 48a, 49 and 57;

(b) by omitting from Forms 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 23a, 24, 25, 26, 27, 28, 29, 30, 36, 37, 38, 41, 44, 54, 55, 56, 58, 59, 60, 61 and 62 “(Title)” and substituting “(Short Title)”; and

(c) by inserting in its proper numerical position in that Schedule each of the forms set out in the Schedule to these Rules.

SCHEDULE Rule 3

FORMS TO BE INSERTED IN SCHEDULE 1 TO THE FAMILY LAW RULES

 FORM 1  Order 7, rule 3

TITLE OF PROCEEDINGS

Family Law Act 1975

IN THE FAMILY COURT OF AUSTRALIA

AT

No. of 19  .

or

AS THE CASE MAY BE

(Insert name of other court, if applicable, and number of proceeding)

IN THE MARRIAGE OF

(State the husband’s: surname	[	]
given names)	[	]
street number and name	[	]
*suburb/ *town	[	]
* State/ *Territory	[	]
postcode)	[	]
Husband
AND
(State the wife’s: surname	[	]
given names	[	]
street number and name	[	]
*suburb/ *town	[	]
*State/ ‘Territory	[	]
postcode)	[	]
Wife
AND
(State any *intervener’s/*other party’s: surname	[	]
given names	[	]
street number and name	[	]
*suburb/ *town	[	]
*State/ *Territory	[	]
postcode)	[	]
*Intervener/
*other party

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

 FORM 1a  Order 7, subrule (2a)

SHORT TITLE OF PROCEEDINGS

Family Law Act 1975

IN THE FAMILY COURT OF AUSTRALIA

AT

No. of 19 .

or

AS THE CASE MAY BE
(Insert name of other court, if applicable, and number of proceeding)
IN THE MARRIAGE OF
(State the husband’s: surname	[	]
given names)	[	]
AND
(State the wife’s: surname	[	]
given names)	[	]
AND
(State any *intervener’s/ * other party’s: surname	[	]
given names)	[	]

* Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

FORM 1B	Order 2, rule 2
COVER SHEET
(Short title)
(Describe document and state nature of proceedings)	[	]
[	]
If affidavit:
Deponent:
(State full name) Sworn:	[	]
(date of swearing)	[  .     .	19]
Filed *by/ *on behalf of	*husband
*wife
*other person
*Return day/*next hearing day	[  .    .	19]
Address for service	[	]
[	]
[	]
postcode	[	]
telephone number	[	]

*Cross out if not applicable.

 

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

 

_____________

  

SCHEDULE—continued

 FORM 2  Order 7, rule 6

APPLICATION FOR DECREE OF NULLITY

(Title)

DATE OF FILING:	[  .   .	19	]
DATE OF CEREMONY OF MARRIAGE:	[  .   .	19	]
THIS APPLICATION IS MADE BY:	*husband
*wife
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the *husband/*wife:

The attached application for adecree of nullity of the abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at

On 19 , at *a.m./*p.m.

You should read the accompanying pamphlet carefully. It sets out the legal and possible social effects of these proceedings and the counselling and welfare facilities available.

If you wish:

(a) to deny any fact alleged in the application or to allege any additional fact for the consideration of the Court;

(b) to submit to the Court that it should dismiss the application; or

(c) to make any other submissions to the Court;

you should file an answer in the form prescribed by the Family Law Rules (Form 13) not later than:

(d) if this document is served on you in Australia—28 days after the day of service; or

(e) if this document is served on you outside Australia 42 days after the day of service. Your answer must be filed and served in accordance with those Rules.

If you do not appear at the hearing the Court may proceed with the application in your absence.

If you propose to make any application to the Court as to property or as to your own maintenance, you must do so not later than 12 months after the making of a decree in these proceedings, After that time you cannot make a property or maintenance application without first obtaining the leave of the Court to do so.

Dated 19 .

…………………………..

Registrar

*Cross out if not applicable.

SCHEDULE—continued

APPLICATION

(full name of applicant)applies for a decree of nullity of the abovementioned marriage on the ground that the marriage is void.

1. The marriage
Date of marriage	[	19]
(day, month in words and year)
Place of marriage
(town or city)	[	]
(State, Territory or country)	[	]
The marriage was a	*religious ceremony
*civil ceremony
2. The husband
Dale of birth	[        . .	19]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
Present occupation	[	]
[	]
3. The wife
Date of birth	[  . .	19]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
Present occupation	[	]
[	]

4. The *husband/*wife is:

*(a) an Australian citizen

*(b) ordinarily resident in Australia

*(c) this day present in Australia

5. The facts and circumstances of the *citizenship/*residence/*presence in Australia of the *husband/*wife are:

6. The marriage is void because: (state ground).

7. The facts relied upon by the applicant are as follows:

(1)

(2)

*8. The following are particulars of orders that are still operative made in proceedings between the applicant and the respondent: (Set out the date of each order, the court by which it was made and brief particulars of the order)

or

*8. There are no orders that are still operative made in proceedings between the applicant and the respondent.

*9. The following are particulars of proceedings pending between the applicant and the respondent: (Set out brief particulars of any pending proceedings and specify the court)

or

*9. There are no proceedings pending between the applicant and the respondent.

Dated 19

………………………………………

(Signature of solicitor/applicant)

This application was *prepared/* settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

AFFIDAVIT

I, (full name, address and occupation)

*make oath and say/*affirm:

1. I am the applicant and I have read this application.

2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/ *AFFIRMED by the applicant

)
at	)
)…………………………………………………………..
on	19  .	(Signature of applicant)
Before me:

…………………………………………………………………………………………………………..

(Signature and title of person before whom the affidavit is sworn or affirmed)

*Cross out if not applicable.

DECLARATION BY SOLICITOR

I, (full name)

state:

1. I am the solicitor for 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.

…………………………………………

(Signature of solicitor)

SCHEDULE—continued

 FORM 3  Order 7, rule 6

JOINT APPLICATION FOR DECREE OF NULLITY

(Title)

DATE OF FILING:	[  . .	19	]
DATE OF CEREMONY OF MARRIAGE:	[  . .	19	]
HUSBAND’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]
WIFE’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the husband and wife:

The attached joint application for a decree of nullity of the abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at

On 19 , at *a.m./*p.m.

You should both read the accompanying pamphlet carefully. It sets out the legal and possible social effects of these proceedings and the counselling and welfare facilities available.

If you propose to make any application to the Court as to property or as to your own maintenance, you must do so not later than 12 months after the making of a decree in these proceedings. After that time you cannot make a property or maintenance application without first obtaining the leave of the Court to do so.

Dated 19 .

……………………………………….

Registrar

SCHEDULE—continued

APPLICATION

The husband and wife apply for a decree of nullity of the abovementioned marriage on the ground that the marriage is void.

1. The marriage
Date of marriage	[	19  ]
(day, month in words and year)
Place of marriage
(town or city)	[	]
(State. Territory or country)	[	]
The marriage was a	* religious ceremony
* civil ceremony
2. The husband
Date of birth	[  . .	19  ]
Place of birth	[	]
(town or city)
(State, Territory or country)	[	]
Present occupation	[	]
[	]
3. The wife
Date of birth	[  . .	19  ]
Place of birth	[	]
(town or city)
(State, Territory or country)	[	]
Present occupation	[	]
[	]

4. The *husband/*wife is:

*(a) an Australian citizen

*(b) ordinarily resident in Australia

*(c) this day present in Australia

5. The facts and circumstances of the *citizenship/*residence/*presence in Australia of the *husband/*wife are:

6. The marriage is void because: (state ground).

7. The facts relied upon by the applicants are as follows:

(1)

(2)

*8. The following are particulars of orders that are still operative made in proceedings between the applicants: (Set out the date of each order, the court by which it was made and brief particulars of the order)

or

*8. There are no orders that are still operative made in proceedings between the applicants.

*9. The following are particulars of proceedings pending between the applicants: (Set out brief particulars of any pending proceedings and specify the court)

or

*9. There are no proceedings pending between the applicants.

Dated 19 .

……………………………………………..

(Signature of solicitor/ each applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

AFFIDAVIT

We, (full name, address and occupation of each applicant)

*make oath and say/*and/*affirm/*respectively:

1. I am one of the applicants and I have read this application.

2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by the husband
)
at	)
)
On	19	)
Before me:	………………………………….. (Signature of husband)

…………………………………………………………………………………………………….

(Signature and title of person before whom the affidavit is sworn or affirmed)

*SWORN/*AFFIRMED by the wife

)
at	)
)
on	19	)
Before me:	………………………………… (Signature of wife)

……………………………………………………………………………………………………..

(Signature and title of person before whom the affidavit is sworn or affirmed)

*Cross out if not applicable.

NOTE: The parties may swear at different times and before different persons.

DECLARATION BY SOLICITOR

I, (full name)

state:

1. I am the solicitor for the applicants.

2. In compliance with rule 3 of Order 25 of the Family Law Rules, I have furnished to each of the applicants a document setting out the legal and possible social effects of the proceedings and the counselling and welfare facilities available.

…………………………………….

(Signature of solicitor)

SCHEDULE—continued

 FORM 4  Order 7, rule 7

APPLICATION FOR DISSOLUTION OF MARRIAGE

(Titte)

DATE OF FILING:	[  . .	19	]
DATE OF MARRIAGE:	[  . .	19	]
THIS APPLICATION IS MADE BY:	*husband
*wife
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[

To the *husband/*wife:

The attached application for a decree of dissolution of the abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at

on 19 , at *a.m./*p.m.

You should read the accompanying pamphlet carefully. It sets out the legal and possible social effects of these proceedings and the counselling and welfare facilities available.

If you wish:

(a) to deny any fact alleged in the application or to allege any additional fact for the consideration of the Court;

(b) to submit to the Court that it should dismiss the application; or

(c) to make any other submission to the Court;

you should file an answer in the form prescribed by the Family Law Rules (Form 13) not later than:

(d) if this document is served on you in Australia—28 days after the day of service; or

(e) if this document is served on you outside Australia—42 days after the day of service.

Your answer must be filed and served in accordance with those Rules.

If you do not appear at the hearing, the Court may proceed with the application in your absence.

If you propose to make any application to the Court as to properly or as to your own maintenance, you must do so not later than 12 months after the making of a decree absolute in these proceedings. After that lime you cannot make a property or maintenance application without first obtaining the leave of the Court to do so.

Dated 19 .

Registrar

This application *IS/*IS NOT filed within the period of 2 years after the dale of the marriage.

*Cross out if not applicable.

SCHEDULE—continued

APPLICATION

(full name of applicant)applies for a decree of dissolution of the abovementioned marriage on the ground that the marriage has broken down irretrievably.

1. The marriage:
Date of marriage	[	19 ]
(day, month in words and year)
Place of marriage
(town or city)	[	]
(State, Territory or country)	[	]
The marriage was a	*religious ceremony
*civil ceremony
2. The husband:
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State. Territory or country)	[	]
If born overseas, date first entered Australia	[  . . 19 ]
Present occupation	[	]
[	]
Occupation at date of separation specified in paragraph 6	[	]
	[	]
At the time of the marriage the husband was	*not previously married
*a widower
*a divorced person
Number of previous marriages of the husband	[  ] marriages
3. The wife:
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
If born overseas, date first entered Australia	[  . . 19 ]
Present occupation	[	]
[	]
Occupation at date of separation specified in paragraph 6	[	]
	[	]
At the time of the marriage the wife was	*not previously married
*a widow
*a divorced person
Number of previous marriages of the wife	[  ]marriages

Jurisdiction

4. The *husband/*wife

*(a) is domiciled in Australia

*(b) is an Australian citizen

*(c) has been ordinarily resident in Australia for the period of 12 months immediately preceding the date of the filing of this application.

5. The facts and circumstances of the *domicile/*citizenship/*residence of the *husband/*wife are:

Separation

6. Date of separation [ 19 ]

The husband and wife separated on the above date and have, within the meaning of the Act, lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of filing of this application.

SCHEDULE—continued

7. The circumstances in which the husband and wife separated (as stated in paragraph 6) are as follows:

(State concisely the relevant facts to enable the Court to determine whether separation in fact occurred on the date stated)

8. The last place of joint residence of the husband and wife before the date specified in paragraph 6 was:

[	]
[	]
[	]
postcode [	]

*9. After the date of separation specified in paragraph 6, the husband and wife resumed cohabitation on 19 , and separated again on 19 , and have since lived separately and apart.

*10. Since the commencement of the separation referred to in paragraph 6, the husband and wife have resided in the same residence during the following period or periods and in the following circumstances:

(Set out address(es) of residence(s) that the parties have shared since they separated, all relevant dates or periods, and the circumstances)

11. There is no reasonable likelihood of cohabitation between the parties being resumed.

Children

12. The number of children over the age of 18 years (including adopted children) who are children of the husband and wife is:

(state the number)[  ]

*13. There is no child under the age of 18 years who is a child of the marriage or who is, by virtue of section 5 or 5a of the Act, to be deemed to be a child of the marriage for the purposes of the application of the Act in relation to the marriage.

or

*13. The number of children under the age of 18 years who are children of the marriage or who are, by virtue of section 5 or 5a of the Act, to be deemed to be children of the marriage for the purposes of the application of the Act in relation to the marriage is: (state the number)

[ ]

14. Personal particulars of each child to whom paragraph 13 applies are as follows:

full name date of birth

[

 . . 19 ]

15. Residential particulars in relation to each child to whom paragraph 13 applies are as follows:

(a) the *child/*children reside*s at:

[	]
[	]
[	]
postcode	[	]

(b) particulars relating to each other person who resides at that residence are as follows:

Surname	[	]
Given names	[	]
Age in years	[	]
Sex	[	]
Relationship (if any) to *child/	[	]
*children

(If children to whom paragraph 13 applies reside at different residences, or any child to whom that paragraph applies resides at more than one residence, give or attach particulars in the format set out above in relation to each residence. An attachment must be signed by or on behalf of the applicant.)

SCHEDULE—continued

Arrangements for the children

*16. (a) The following are the present arrangements for the welfare of the children named in paragraph 14:

(Set out details of housing, supervision, education, health, access, maintenance and financial support)

(b) The following alterations in the above arrangements are proposed by the applicant:

Previous orders

*17. The following are particulars of orders that are still operative made in family law or child welfare proceedings concerning the husband and wife or the children:

(Set out the date of each order, the court by which it was made, the place at which it was made and brief particulars of the order)

or

*17. No orders that are still operative have been made in family law or child welfare proceedings concerning the husband and wife or the children.

Pending proceedings

*18. The following are particulars of pending family law or child welfare proceedings concerning the husband and wife or the children:

(Set out brief particulars of any pending proceedings and specify the court)

or

*18. There are no pending family law or child welfare proceedings concerning the husband and wife or the children.

Dated 19 .

……………………………………….

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

AFFIDAVIT

I, (full name, address and occupation)

*make oath and say/*affirm:

1. I am the applicant and I have read this application.

2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by the applicant

)
at	)
)
On	19  .	)
Before me:	……………………………………………. (Signature of applicant)

…………………………………………………………………………………….

(Signature and title of person before whom the affidavit is sworn or affirmed)

*Cross out if not applicable.

DECLARATION BY SOLICITOR

I, (full name)

state:

1. I am the solicitor for the applicant.

2. In compliance with rule 3 of Order 25 of the Family Law Rules, I have furnished to the applicant adocument setting out the legal and possible social effects of the proceedings and the counselling and welfare facilities available.

………………………………….

(Signature of solicitor)

SCHEDULE—continued

 FORM 5  Order 7, rule 7

JOINT APPLICATION FOR DISSOLUTION OF MARRIAGE

(Title)

DATE OF FILING:	[  . . 19	]
DATE OF MARRIAGE:	[  . . 19	]
HUSBAND’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]
WIFE’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the husband and wife:

The attached joint application for a decree of dissolution of the abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at

On  19 , at *a.m./*p.m.

You should read the accompanying pamphlet carefully. It sets out the legal and possible social effects of these proceedings and the counselling and welfare facilities available.

If you propose to make any application to the Court as to property or as to your own maintenance, you must do so not later than 12 months after the making of a decree absolute in these proceedings. After that time you cannot make a property or maintenance application without first obtaining the leave of the Court to do so.

Dated 19

……………………………….

Registrar

This application *IS/*IS NOT filed within the period of 2 years after the date of the marriage.

*Cross out if not applicable.

SCHEDULE—continued

 APPLICATION

The husband and wife jointly apply for a decree of dissolution of the abovementioned marriage on the ground that the marriage has broken down irretrievably.

1. The marriage:
Date of marriage	[	19	]
(day, month in words and year)
Place of marriage	[	]
(town or city)
(State, Territory or country)	[	]
The marriage was a	*religious ceremony
*civil ceremony
2. The husband:
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
If born overseas, date first entered Australia	[  . . 19 ]
Present occupation	[	]
[	]
Occupation at date of separation specified	[	]
in paragraph 6	[	]
At the time of the marriage the husband was	*not previously married
	*a widower
*a divorced person
Number of previous marriages of the husband	[ ] marriages
3. The wife:
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
If born overseas, date first entered Australia	[  . . 19 ]
Present occupation	[	]
[	]
Occupation at date of separation specified	[	]
in paragraph 6	[	]
At the time of the marriage the wife was	*not previously married
*a widow
*a divorced person
Number of previous marriages of the wife	[ ] marriages

Jurisdiction

4. The *husband/*wife

*(a) is domiciled in Australia

*(b) is an Australian citizen

*(c) has been ordinarily resident in Australia for the period of 12 months immediately preceding the date of the filing of this application.

5. The facts and circumstances of the *domicile/*citizenship/*residence of the *husband/*wife are:

Separation

6. Date of separation [ . . 19 ]

The husband and wife separated on the above date and have, within the meaning of the Act, lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of this application.

SCHEDULE—continued

7. The circumstances in which the husband and wife separated (as stated in paragraph 6) are as follows:

(State concisely the relevant facts to enable the Court to determine whether separation in fact occurred on the date stated)

8. The last place of joint residence of the husband and wife before the date specified in paragraph 6 was:

[	]
[	]
[	]
postcode [	]

 

*9. After the date of separation specified in paragraph 6, the husband and wife resumed cohabitation on 19 , and separated again on 19 , and have since lived separately and apart.

*10. Since the commencement of the separation referred to in paragraph 6, the husband and wife have resided in the same residence during the following period or periods and in the following circumstances:

(Set out address(es) of residence(s) that the parties have shared since they separated all relevant dates or periods, and the circumstances)

11. There is no reasonable likelihood of cohabitation between the parties being resumed.

Children

12. The number of children over the age of 18 years (including adopted children)who are children of the husband and wife is:

(state the number[ ]

* 13. There is no child under the age of 18 years who is a child of the marriage or who is, by virtue of section 5 or 5a of the Act, to be deemed to be a child of the marriage for the purposes of the application of the Act in relation to the marriage.

or

*13. The number of children under the age of 18 years who are children of the marriage or who are, by virtue of section 5 or 5a of the Act, to be deemed to be children of the marriage for the purposes of the application of the Act in relation to the marriage is: (state the number)

[ ]

14. Personal particulars of each child to whom paragraph 13 applies are as follows:

full name date of birth

[ 19 ]

15. Residential particulars in relation to each child to whom paragraph 13 applies are as follows:

(a) the *child/*children reside*s at:

[	]
[	]
[	]
[	]
postcode [	]

(b) particulars relating to each other person who resides at that residence are as follows:

Surname	[	]
Given names	[	]
Age in years	[	]
Sex	[	]
Relationship (if any) to *child/	[	]
*children

(If children to whom paragraph 13 applies reside at different residences, or any child to whom that paragraph applies resides at more than one residence, give or attach particulars in the format set out above in relation to each residence. An attachment must be signed by or on behalf of each applicant.)

Arrangements for the children

*16. (a) The following are the present arrangements for the welfare of the children named in paragraph 14:

(Set out details of housing, supervision, education, health, access, maintenance and financial support)

(b) The following alterations in the above arrangements are proposed by the applicants:

SCHEDULE—continued

Previous orders

*17. The following are particulars of orders that are still operative made in family law or child welfare proceedings concerning the husband and wife or the children:

(Set out the date of each order, the court by which it was made, the place at which it was made and brief particulars of the order)

or

*17. No orders that are still operative have been made in family law or child welfare proceedings concerning the husband and wife or the children.

Pending proceedings

*18. The following are particulars of pending family law or child welfare proceedings concerning the husband and wife or the children:

(Set out brief particulars of any pending proceedings and the court in which the proceedings are pending)

or

*18. There are no pending family law or child welfare proceedings concerning the husband and wife or the children.

Dated 19 .

………………………………………………..

(Signature of solicitor/each applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

AFFIDAVIT

We, (full name, address and occupation of each applicant)

*make oath and say/*and/*affirm/*respectively:

1. I am one of the applicants and I have read this application.

2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by the husband

)
at	)
)…………………………………
on	19	) (Signature of husband)

Before me:

…………………………………………………………………………………………..

(Signature and title of person before whom the affidavit is sworn or affirmed)

*SWORN/*AFFIRMED by the wife

)
at	)
)
on	19	)	(Signature of wife)
Before me:

…………………………………………………………………………………………..

(Signature and title of person before whom the affidavit is sworn or affirmed)

*Cross out if not applicable.

NOTE: The parties may swear at different times and before different persons.

DECLARATION BY SOLICITOR

I, (full name)

state:

1. I am the solicitor for the applicants.

2. In compliance with rule 3 of Order 25 of the Family Law Rules, I have furnished to each of the applicants a document setting out the legal and possible social effects of the proceedings and the counselling and welfare facilities available.

……………………………………….

(Signature of solicitor)

 

_____________

SCHEDULE—continued

 FORM 6  Order 7, rule 8

APPLICATION FOR DECLARATION AS TO VALIDITY

(Title)

DATE OF FILING:	[   .   . 19 ]
DATE OF MARRIAGE:	[   .   . 19 ]
THIS APPLICATION IS MADE BY:	*wife
*husband
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[ ]

To the respondent:

(full name)

The attached application for a declaration as to the validity of

*a marriage

*the dissolution of a marriage

*the annulment of a marriage

HAS BEEN SET DOWN FOR HEARING by the Court at

On 19 , at *a.m./*p.m.

You should read the accompanying pamphlet carefully. It sets out the legal and possible social effects of these proceedings and the counselling and welfare facilities available.

If you wish:

(a) to deny any fact alleged in the application or to allege any additional fact for the consideration of the Court;

(b) to submit to the Court that it should dismiss the application; or

(c) make any other submission to the Court;

you should file an answer in the form prescribed by the Family Law Rules (Form 13) not later than:

(d) if this document is served on you in Australia—28 days after the day of service; or

(e) if this document is served on you outside Australia—42 days after the day of service. Your answer must be filed and served in accordance with those Rules.

If you do not appear at the hearing, the Court may proceed with the application in your absence.

Dated 19 .

………………………………….

Registrar

*Cross out if not applicable.

SCHEDULE—continued

APPLICATION

(full name of applicant) applies for a declaration that (set out declaration sought).

1. The marriage
Date of marriage or ceremony of marriage	[  . . 19 ]
Place of marriage or ceremony of marriage
(town or city)	[	]
(State, Territory or country)	[	]
2. The applicant
Surname	[	]
Given names	[	]
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
Immediately before the marriage (or purported marriage) the applicant was	*not previously married
*a widow/widower
*a divorced person
Present occupation	[	]
[	]
3. The respondent
Surname	[	]
Given names	[	]
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
Immediately before the marriage (or purported marriage) the respondent was	*not previously married
*a widow/widower
*a divorced person
Present occupation	[	]
[	]

*4. The marriage was *dissolved/*annulled by (name of court) at

On 19 .

5. The *applicant/*respondent is:

*(a) an Australian citizen

*(b) ordinarily resident in Australia

*(c) this day present in Australia

6. The facts and circumstances of the *applicant’s/*respondent’s/*citizenship/*residence/*presence in Australia are:

7. The facts relied on by the applicant are as follows:

(1)

(2)

*8. The following are particulars of orders that are still operative made in proceedings relating to the marriage (or purported marriage) between the applicant and the respondent: (Set out the date of each order, the court by which it was made and brief particulars of the order)

or

*8. There are no orders that are still operative made in proceedings between the applicant and the respondent.

*9. The following are particulars of proceedings relating to the marriage (or purported marriage) that are pending between the applicant and the respondent: (Set out brief particulars of any pending proceedings)

or

SCHEDULE—continued

*9. There are no proceedings relating to the marriage (or purported marriage) that are pending between the applicant and the respondent.

Dated 19 .

……………………………………….

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

AFFIDAVIT

I, (full name, address and occupation)

*make oath and say/*affirm:

1. I am the applicant and I have read this application.

2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by the applicant

)
at	)
)
on	19  .	)
……………………….. (Signature of applicant)

Before me:

……………………………………………………………………………………………

(Signature and title of person before whom the affidavit is sworn or affirmed)

*Cross out if not applicable.

DECLARATION BY SOLICITOR

I, (full name)

state:

1. I am the solicitor for 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.

…………………………………..

(Signature of solicitor)

SCHEDULE—continued

  FORM 7  Order 7, rule 9

APPLICATION INITIATING PROCEEDINGS

(Title)

DATE OF FILING:	[  . . 19 ]
DATE OF MARRIAGE:	[  . . 19 ]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[

To the respondent:

(full name)

The attached application HAS BEEN SET DOWN FOR HEARING by the Court at

on 19 , at *a.m./*p.m.

• If you wish to defend this application but to raise no new issues (other than as to costs), you may, at the earliest practicable date before the return day set out above, file and serve an affidavit selling out briefly the matters on which you rely.

• If you wish to defend this application and to seek some order other than the order sought in this application, you may, at the earliest practicable date before the return day set out above, file and serve a cross-application and an affidavit in support.

• If you do not appear at the hearing, the Court may proceed to make the orders sought, or similar orders, in your absence.

Dated 19 .

………………………………

Registrar

APPLICATION

(full name of applicant)	[	]
(If applicant is not the husband or wife, set out applicant’s address)	[	]
[	]
[	]
postcode	[	]
whose occupation is	[	]
applies for the following orders:
(If insufficient space, attach statement of orders sought)
(1)
(2)
1. Place of marriage:
(town or city)	[	]
(State, Territory or country)	[	]
2. The husband:
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
If born overseas, date first entered Australia	[  . . 19 ]

SCHEDULE—continued

3. The wife:
Date of birth	[  . . 19 ]
Place of birth
(town or city)	[	]
(State, Territory or country)	[	]
If born overseas, date first entered Australia	[  . . 19 ]

*4. The husband and wife last resided in the same residence on 19 .

or

*4. The husband and wife still reside in the same residence.

Previous orders

*5.The following are particulars of orders that are still operative in family law or child welfare proceedings concerning the husband and wife or the children: (Set out the date of each order the court by which it was made, the place at which it was made and brief particulars of the order)

or

*5. No orders that are still operative have been made in family law or child welfare proceedings concerning the husband and wife or the children.

Pending proceedings

*6. The following are particulars of pending family law or child welfare proceedings concerning the husband and wife or the children: (Set out brief particulars of any pending proceedings and specify the court)

or

*6. There are no pending family law or child welfare proceedings concerning the husband and wife or the children.

Dated 19 .

………………………………………

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

DECLARATION BY SOLICITOR

1, (full name)

state:

1. I am the solicitor for 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.

…………………………………….

(Signature of solicitor)

SCHEDULE—continued

 FORM 8  Order 7, rule 9

APPLICATION

(PROCEEDINGS PENDING)

(Short title)

DATE OF FILING:	[  . . 19 ]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANTS ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent:

(full name)

*The attached application HAS BEEN SET DOWN FOR HEARING by the Court at

on 19 at *a.m./*p.m.

or

*The attached application, subject to any order made by the Court, will be heard at the same time as the application of the  filed on  19  .

• If you wish to defend this application but to raise no new issues (other than as to costs), you may, at the earliest practicable date before the return day set out above, file and serve an affidavit setting out briefly the matters on which you rely.

• If you wish to defend this application and seek some order other than the order sought in this application, you may, at the earliest practicable date before the return day set out above, file and serve a cross-application and an affidavit in support.

• If you do not appear at the hearing, the Court may proceed to make the order sought, or similar orders, in your absence.

Dated 19 .

……………………………………

Registrar

SCHEDULE—continued

APPLICATION

(full name of applicant)[	]
(If applicant is not the husband or wife, set out applicant’s address)[	]
[	]
[	]
Postcode	[
whose occupation is:	[	],

applies for the following orders:

(If insufficient space, attach statement of orders sought)

(1)

(2)

Dated 19 .

…………………………………………………

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

 FORM 12  Order 9, rule 1

APPLICATION FOR ORDER RELATING TO MAINTENANCE IN COURT OF

SUMMARY JURISDICTION

(SUMMARY PROCEDURE)

(Title)

DATE OF FILING:

APPLICANTS ADDRESS FOR SERVICE:

To the respondent:

(full name)

YOU ARE HEREBY ORDERED to attend either personally or by your counsel or solicitor at the (name of court) at on  19 , at * a.m./*p.m. You must bring with you to the Court any documents you have in your possession, custody or control which may assist the Court in determining your income, needs and financial resources, including tax returns, bank records and statements, pass books and current pay slips.

If you fail to appear to answer this application an order may be made in your absence.

Dated 19 .

……………………………..

Court officer

APPLICATION

(full name of applicant) whose occupation is , applies for the following orders:

(1)

(2)

1. The husband and wife were married at on 19 .

*2. There is no present order for maintenance.

or

*2. There is a current maintenance order made by the (name of court) at on 19  , and it is as follows:

(Set out relevant part or parts of order)

3. The gross current weekly income of the applicant is $  from the following sources:

(include name and address of employer).

4. To the best ofthe applicant’s knowledge information and belief the respondent is employed as  and receives the current weekly gross income of $  from the following sources (include name and address of employer).

5.The fixed weekly expenses of the applicant are: (Set out mortgage, rental, hire purchase, bankcard and any similar fixed expenses)

Dated 19 .

………………………………………….

Solicitor for the applicant

*Cross out if not applicable.

SCHEDULE—continued

 FORM 32  Order 25, rule 2

Family Law Act 1975

NOTICE SEEKING COUNSELLING

*To the Principal Director of Court Counselling of the Family Court of Australia,

or

*To the appropriate officer of the Family Court of (name of State) at

*1/ *We (Set out, in the format shown below,

the following particulars of each person giving notice)

Surname	[	]
Given names	[	]
Address	[	]
[	]
[	]
postcode	[	]
Telephone number	[	]
Occupation	[	]

give notice that *[/ *we/*seek/*intend to seek/the assistance of the counselling facilities of the *Family Court of Australia/ *Family Court of (name of State). Please invite (Set out, in the format shown below, the following particulars of each person to be invited)

Surname	[	]
Given names	[	]
Address	[	]
[	]
[	]
postcode	[	]
Telephone number	[	]
Occupation	[	]
to attend for counselling.
Dated	19

………………………………………..

(Signature(s))

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

 FORM 42  Order 32, rule 2

NOTICE OF APPEAL TO FULL COURT

Family Law Act 1975

IN THE FAMILY COURT OF AUSTRALIA

• Appeal No.

     of 19

BETWEEN

From No. (filing registry number)

Appellant (husband, wife

or other person)

AND

Respondent (husband, wife or

other person)

DATE OF FILING:

APPELLANT’S ADDRESS FOR SERVICE:

DATE*S OF HEARING:

DATE OF DECREE OF JUDGMENT:

REGISTRY OR PLACE WHERE DECREE MADE:

To the respondent:

(full name)

*The appellant appeals from the whole of the decree.

*The appellant appeals from the following *part/*parts of the decree: (Set out the parts of the decree appealed from)

GROUNDS OF APPEAL

(Set out briefly but specifically each of the grounds relied on in support of the appeal)

ORDERS SOUGHT

In place of the decree appealed from the appellant seeks the following decree: (Set out decree sought by the appellant in place of the decree appealed from)

This notice of appeal was * prepared/* settled by: (name of counsel, solicitor or appellant)

Appellant’s solicitors: (full name, address and telephone number)

Respondent’s solicitors: (full name, address and telephone number)

Dated 19 .

……………………………………

Solicitor for the appellant

*Cross out if not applicable.

SCHEDULE—continued

 FORM 43  Order 32, rule 22

NOTICE OF APPEAL FROM COURT OF SUMMARY JURISDICTION

(Short title)

ON APPEAL FROM THE COURT OF SUMMARY

JURISDICTION AT

DATE OF FILING:	[  . . 19 ]
DATE OF MARRIAGE:	[  . . 19 ]
THIS APPEAL IS INSTITUTED BY:	*husband
*wife
*other person
APPELLANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent:

(full name)

The appellant appeals against the decree of the abovenamed court of summary jurisdiction made on 19 , in which it was ordered: (Set out decree appealed from)

The appellant seeks the following orders:

(Set out decree sought in place of that made by the court appealed from)

Dated 19 .

………………………………………

Solicitor for the appellant

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

NOTICE OF HEARING

This appeal HAS BEEN SET DOWN FOR HEARING in the Family Court of (or as the case may be) at on  19 ,

at *a.m./*p.m.

……………………………………

Registrar

SCHEDULE—continued

 FORM 47  Order 34, rule 2

APPLICATION—CONTEMPT

(Title)

DATE OF FILING:	[  . . 19 ]
DATE OF MARRIAGE:	[  . . 19 ]
THIS APPLICATION IS MADE BY:	* husband
*wife
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent;

(full name)

TAKE NOTICE that the attached application for you to be dealt with by the Court for contempt of court HAS BEEN SET DOWN FOR HEARING by the Court at

On 19 , at *a.m./*p.m.

AND FURTHER TAKE NOTICE that, if you do not appear personally before the Court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the Court in custody.

Dated 19 .

…………………………….

Registrar

SCHEDULE—continued

APPLICATION

(full name of applicant)	[	]
(If applicant is not the husband or wife, set out the applicant’s address)	[	]
[	]
[	]
Postcode	[	]
whose occupation or office (if any) is	[	],

applies for the respondent (full name)to be dealt with by the Court for contempt of court in that:

1. In the (name of court) sitting at on 19

*(a) an order was made to the Court;

*(b) an undertaking was given to the Court by the respondent;

*(c) (as the case may be)

that: (Set out the relevant parts of the order or undertaking or as the case may be)

2.And it is alleged by (full name of applicant) that at (Set out the place or places at which the act or omissions constituting the alleged contempt took place)

*(a) on  19 ,

*(b) between  19  and  19  ,

in breach of the said (order, undertaking or as the case may be) the respondent did:

(Set out particulars of the alleged breach)

And that by reason of such breach the respondent is in contempt of the Court.

Dated   19 .

………………………………………………

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

       FORM 48  Order 34, subrule 6 (3)

APPLICATION—SECTION 70

(Title)

DATE OF FILING:	[  . . 19 ]
DATE OF MARRIAGE:	[  . . 19 ]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]
To the respondent:
(full name)

TAKE NOTICE that the attached application for you to be dealt with by the Court for a *contravention/ *failure to comply with a provision of section 70 of the Act HAS BEEN SET DOWN FOR HEARING by the Court at

on 19 , at *a.m./*p.m.

AND FURTHER TAKE NOTICE that, if you do not appear personally before the Court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the Court in custody.

Dated  19    .

………………………………………..

Registrar

*Cross out if not applicable.

SCHEDULE—continued

APPLICATION

(full name of applicant)	[	]
(If applicant is not the husband or wife, set out the applicant’s address)	[	]
[	]
[	]
postcode	[	]
whose occupation or office (if any) is	[	]

applies for the respondent (full name)to be dealt with by the Court for a *contravention of/ *failure to comply with a provision of section 70 of the said Act in that the (name of court) sitting at

on 19 , ordered that (full name)have *custody of/ *access to/the *child/*children:

(full name or names and date or dates of birth)

or

The (name of court) sitting at on 19 , ordered that a warrant be issued pursuant to section 64 of the Act to take possession of the *child/*children:

(full name or names and date or dates of birth),

and the said warrant was issued on 19 , directed to (name and designation of person or persons to whom warrant directed)

and it is alleged by (full name of applicant) that:

*(a) on 19 ;

*(b) between 19 , and 19 ;

the respondent (full name)knowingly and without reasonable cause

*contravened/*failed to comply with a provision of section 70 of the Act (specify the relevant subsection), namely by (set out the alleged contravention or failure to comply)

(Set out with dates and places where appropriate, the acts or omissions of the respondent alleged to constitute the contravention or failure to comply)

Dated 19 .

……………………………………………………

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

SCHEDULE—continued

      FORM 48A  Order 34, rule 9

APPLICATION—SUBSECTION 70 (3)

(Title)

DATE OF FILING:	[  . . 19 ]
DATE OF MARRIAGE:	[  . . 19 ]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent:

(full name)

TAKE NOTICE that the attached application for you to be dealt with by the Court for a contravention of subsection 70 (3) of the Act HAS BEEN SET DOWN FOR HEARING by the Court at

on  19  , at  *a.m./*p.m.

AND FURTHER TAKE NOTICE that, if you do not appear personally before the Court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the Court in custody.

Dated 19 .

……………………………………

Registrar

*Cross out if not applicable.

SCHEDULE—continued

APPLICATION

(full name of applicant)	[	]
(If applicant is not the husband or wife, set out the applicant’s address)	[	]
[	]
[	]
postcode	[	]
whose occupation or office (if any) is	[	]

applies for the respondent (full name)to be dealt with by the Court for a contravention of subsection 70 (3) of the Act.

The applicant alleges that the respondent knowingly and without reasonable cause contravened subsection 70(3) of the Act in that the respondent, without just cause or excuse, hindered or prevented the applicant from obtaining access, or interfered with access by the applicant to (full name of each child)to whom the applicant has a right of access in accordance with the order made by the (name of court)sitting at

on  19   .

Particulars of order

(Set out particulars of that part of the order which it is alleged the respondent has contravened)

Particulars of contravention of subsection 70 (3)

(Set out particulars, including dates, of each act or omission by which the respondent is alleged to have hindered or prevented, or interfered with, access to a child in accordance with the order)

Dated  19   .

……………………………………………………

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

AFFIDAVIT

I, (full name, address and occupation) *make oath and say/*affirm as follows:

1. I am the abovenamed applicant.

2. The particulars set out in the application are true to the best of my knowledge, information and belief.

3. It is necessary for the welfare of the child that the application be heard urgently.

*SWORN/*AFFIRMED by the deponent

At	)
on	19  .	)
)……………………………………………
(Signature of deponent)
Before me:

………………………………………………………………………………………….

(Signature and title of person before whom affidavit is sworn or affirmed)

*Cross out if not applicable.

SCHEDULE—continued

       FORM 49  Order 34, rule 6

APPLICATION—SUBSECTION 114 (4)

(Title)

DATE OF FILING:	[  . . 19 ]
DATE OF MARRIAGE:	[  . . 19 ]
THIS APPLICATION IS MADE BY:	*husband
*wife
*other person
APPLICANT’S ADDRESS FOR SERVICE:	[	]
[	]
[	]
postcode	[	]

To the respondent:

(full name)

TAKE NOTICE that the attached application for you to be dealt with for a *contravention of/*failure to comply with an order or injunction under section 114 of the Act HAS BEEN SET DOWN FOR HEARING by the Court at

on 19 , at *a.m./*p.m.

AND FURTHER TAKE NOTICE that, if you do not appear personally before the Court (with or without a legal representative) at the time and place set out above to answer this application and to be further dealt with according to law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the Court in custody.

Dated 19 .

………………………………….

Registrar

*Cross out if not applicable.

SCHEDULE—continued

 APPLICATION

(full name of applicant)	[	]
(If applicant is not the husband or wife, set out the applicant’s address)	[	]
[	]
[	]
postcode	[	]
whose occupation or office (if any) is	[	]

applies for the respondent (full name)to be dealt with by the Court for a *contravention of/

*failure to comply with an order or injunction under section 114 of the Act made or granted by

the (name of court) sitting at on 19 , namely:

(Set out the relevant parts of the order or injunction which the respondent is alleged to have contravened or failed to comply with)

And it is alleged that the respondent (full name) at (Set out the place or places where the acts or omissions constituting the alleged contravention or failure to comply occurred)

*(i) on  19  ,

*(ii) between 19 , and 19 ,

knowingly and without reasonable cause *contravened/failed to comply with the said *order/

*injunction in that

(Set out the alleged contravention or failure to comply)

Particulars

(Set out with dates and places, where appropriate, the acts or omissions of the respondent which are alleged to constitute the contravention or failure to comply)

Dated 19 .

……………………………………………….

(Signature of solicitor/applicant)

This application was *prepared/*settled by (name of counsel, solicitor or applicant).

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

SCHEDULE—continued

       FORM 57  Order 38, rule 38

NOTICE DISPUTING COSTS

(Short title)

To:
(Set out name and address of solicitor)	[	]
[	]
[	]
postcode	[	]
ADDRESS FOR SERVICE OF PERSON GIVING NOTICE
[	]
[	]
[	]
TAKE NOTICE that I,	postcode	[	]

(full name)

dispute *the whole/*the following parts of the account for costs dated  19  ,

as set out below:

(Set out here the parts of the account that are disputed)

served on me on 19 and filed with this notice and require the account to be taxed.

Dated 19 .

…………………………………………..

(Signature)

*Cross out if not applicable.

NOTE: Set out the required information within the square brackets, commencing as near as practicable to the left hand bracket.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1988.

2.Statutory Rules 1984 No. 425 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 9 and see also Statutory Rules 1988 No. 9.

              

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