Family Law Rules (Amendment) (Cth)
__________________
WE, Judges within the
meaning of the
Dated 27 November 1995.
J. EDWARD ELLIS
J. F. FOGARTY
K. A. MURRAY
H. R. FREDERICO
E. R. BAKER
N. J. BUCKLEY
ALWYNNE ROWLANDS
T. E. LINDENMAYER
J. V. KAY
GRAHAM R. BELL
RODERICK JOSKE
JOSEPHINE M. MAXWELL
J. T. GUN
EDWARD BUTLER
P. F. UNDERHILL
PETER B. HASE
RICHARD W. GEE
D. BULBECK
J. S. PURDY
RODNEY N. PURVIS
J. WILCZEK
W. ROURKE
H. J. BURTON
G. R. MULLANE
A. GRAHAM
P. J. MOSS
JOHN COHEN
N. MUSHIN
C. A. MOORE
I. R. COLEMAN
P. F. A. HILTON
M. A. HANNON
RICHARD CHISHOLM
SALLY BROWN
B. JORDAN
S. R. O’RYAN
J. FAULKS
LINDA DESSAU
SUSAN MORGAN
MICHELLE MAY
Judges of the Family Court
of Australia
ALGIS RADZEVICIUS
Acting Principal Registrar
Family Court of Australia
I. W. P. McCALL
D. R. ANDERSON
N. TOLCON
MICHAEL H. HOLDEN
C. E. MARTIN (Acting Judge)
Judges of the Family Court
of Western Australia
HELEN SYME
Registrar
Family Court of Western Australia
____________
1.1 These Rules commence on 8 January 1996.
2.1 The Family Law Rules are amended as set out in these Rules.
3.1 Definition of “application”:
Omit the definition, substitute:
“‘
(a) an application instituting proceedings under the Act, the regulations, these Rules or any other law in respect of which jurisdiction is vested in the Family Court; or
(b) an application for leave to intervene; or
(c) a third party notice;
and includes a response to an application and a reply;”.
3.2 Definition of “pleading”:
Omit the definition.
3.3 Definition of “pre-hearing conference”:
Omit “Order 24A, rule 2;”, substitute “Order 24, paragraph 4 (1) (b);”.
3.4 Definition of “return day”:
Omit the definition.
3.5 Insert the following definitions:
“ ‘
(a) a certificate of a birth or a certified copy of the certificate; or
(b) a certified copy of:
(i) the entry of a birth in a Register of Births; or
(ii) an extract of the entry of a birth in a Register of Births;
‘
divorce ’ means dissolution of marriage;‘
folio ’ means 100 words, in writing;‘
marriage certificate ’ means:
(a) a certificate of a marriage or a certified copy of the certificate; or
(b) a certified copy of:
(i) the entry of a marriage in a Register of Marriages; or
an extract of the entry of a marriage in a
Register ‘
‘
4.1 Omit “a pleading,”, substitute “an application,”.
4.2 Omit “decree,”, substitute “decree, order,”.
5.1 After Order 2, rule 1, insert:
This Order applies to a decree, order or agreement that is to be registered, or a document that is to be filed, under the regulations or these Rules even if no proceedings have been instituted in relation to that decree, order, agreement or document.”.
6.1 Omit the rule, substitute:
(1) For
the purposes of this rule,
(a) typewritten; or
(b) machine printed; or
(c) reproduced by mechanical, electronic, photographic or other means.
A document that is to be registered or filed must comply with subrule (3) 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 (3); or
(c) under these Rules, the document must comply with a different requirement.
A document must:
(a) be on durable white opaque paper of good quality, of the size known as ISO A4; and
(b) be legible and without erasures, blotting out or material disfigurement; and
(c) be:
(i) mechanically or electronically printed; or
(ii) if permitted by subrule (5), hand-printed in ink; and
(d) have a margin at the left hand side of each page of not less than 30 millimetres; and
(e) have a space of not less than 6 millimetres between each line and the next; and
(f) be set out on only 1 side of the paper; and
(g) have each page numbered; and
(h) if rule 3 so requires—have a cover sheet in accordance with Form 1, Form 1A or Form 1B, under that rule.
In a document that is in accordance with Form 4:
(a) Parts A and B of the document must both be set out on the same sheet of paper; and
(b) Part H (if applicable) and the notice of application must each begin at the top of a page.
If:
(a) a document must be in accordance with Form 2, 2A, 4, 7, 7A, 7B, 8, 8A, 10, 12, 12B, 13, 15A, 15B, 15C, 15D, 17, 17A, 18, 19, 20, 21, 22, 23 or 42B; and
(b) the document is prepared with the words prescribed in that Form set out in accordance with this rule;
any other words in the Form may be printed or hand-printed.
A document that is in accordance with Form 1, 1A, 1B, 2A, 10, 18, 19, 20, 21, 22, 23, 38A or 42B must be set out on a single sheet of paper.
(1) Subject to subrules (2), (3) and (4), a document in accordance with a form in Schedule 1 must not have a cover sheet.
A document in accordance with Form 6, 14, 15A, 16, 24, 25, 26, 27, 28, 29, 30, 36, 37, 38, 41A, 43, 44, 45, 46, 46A, 47, 48, 49, 49A, 49B, 55, 56, 57, 58, 59, 60, 61 or 62 must have a cover sheet in accordance with Form 1.
An[MG1] document in accordance with Form 45A, 45B, 63, 64 or 65 must have a cover sheet in accordance with Form 1A.
The following documents must have a cover sheet in accordance with Form 1B:
(a) a document to which Order 41, subrule 6 (2) applies;
(b) an application made under the Corporations Law.
If the filing registry in relation to proceedings is changed:
(a) the cover sheet; or
(b) if a document has no cover sheet—the front page;
of a document filed in the proceedings after the change must show the new registry.
(1) A document in which a corporation is named as a party to proceedings, or an application by a corporation for leave to intervene in proceedings, must include the following information:
(a) the full name of the corporation;
(b) the corporation’s Australian Company Number under the Corporations Law;
(c) the corporation’s registered office.
The information must be set out:
(a) on the cover sheet filed with the document; or
(b) if the document has no cover sheet—on the front page of the document.
(1) If the name of a party is changed after the commencement of proceedings, the party must, as soon as practicable after the change:
(a) file a notice of change of name in accordance with Form 2A; and
(b) serve a copy of the notice on each other party to the proceedings who has an address for service.
If a party has filed and served a notice of change of name under subrule (1), each party must use the new name in any documents filed in the proceedings after the notice has been filed.”.
7.1 Subrule 4 (1):
Omit the subrule, substitute:
A document is filed in, or in connection with, proceedings if:
(a) it is delivered to the filing registry; or
(b) with the leave of a court or a Registrar—it is delivered to a registry that is appropriate in the circumstances;
and the document is accepted for filing by the court or a Registrar.”.
8.1 After Order 2, rule 4, insert:
(1) A Registrar may refuse to accept a document for filing, if:
(a) it is not in proper form in accordance with these Rules; or
(b) it is not executed in the way required by these Rules; or
(c) the document, on its face, appears to the Registrar to be an abuse of process or frivolous, scandalous or vexatious; or
(d) the document is filed in connection with pending proceedings in another court or another registry, and the registry is not the appropriate registry.
If a Registrar refuses to accept a document for filing, the person who sought to file the document may apply to the court for review of the Registrar’s decision.
A Registrar must accept an application for review of a decision not to accept a document for filing.
An application under subrule (2) must be made
9.1 Subrule 5 (3):
Omit the subrule, substitute:
A document that is prepared in accordance with a form in Schedule 1 must be completed in accordance with any directions specified in the form, but the directions may be omitted from the document.
The Principal Registrar may authorise the use of appropriate computer software for the purpose of reproducing a form in Schedule 1.
A document that is prepared:
(a) in accordance with a form in Schedule 1; and
(b) with the use of authorised computer software;
is taken to be completed in accordance with the form in Schedule 1.”.
10.1 Add at the end:
(1)Subject to subrule (3), if:
(a) an application instituting proceedings; or
(b) an agreement or similar document;
is filed or registered, the Registrar must allot the proceedings, or agreement or similar document, a distinctive number.
A document filed in, or issued out of, a registry in connection with particular proceedings must have the distinctive number of the proceedings endorsed on it.
If the Registrar considers it desirable to allot to proceedings the distinctive number already allotted to other proceedings, the Registrar may do so.”.
11.1 Omit the rule, substitute:
The court, or a Registrar, on terms that the court or Registrar thinks fit, may extend or shorten the time fixed by:
(a) these Rules; or
(b) a decree or order;
for doing, or refraining from doing, any act or thing in relation to proceedings, even if the time fixed has passed.”.
12.1 After “court”, insert “, or a Registrar,”.
13.1 Omit the rule, substitute:
Subject to any dispensation under rule 1, if a party does not do all things required by the Rules, or by an order of the court, the court, or a Registrar, may:
(a) dismiss the application or response; or
(b) stay the proceedings, or part of the proceedings; or
(c) make any other order the court, or the Registrar, thinks fit.”.
14.1 Omit the Order, substitute Order 7 set out in Schedule 1 to these Rules.
15.1 Omit the Order, substitute Order 8 set out in Schedule 2 to these Rules.
16.1 Omit the Order, substitute Order 9 set out in Schedule 3 to these Rules.
17.1 Omit the Order.
18.1 Omit the Order, substitute Order 10 set out in Schedule 4 to these Rules.
19.1 Omit the Order, substitute Order 11 set out in Schedule 5 to these Rules.
20.1 Omit the Order.
21.1 Omit the rule, substitute:
In proceedings, without formal application, the court, or a Registrar, may make an order with respect to the following matters:
(a) the joint hearing of applications;
(b) conferences between the parties with a view to settlement of differences relating to financial and custodial proceedings;
(c) conferences with court counsellors, welfare officers or marriage counsellors;
(d) if all parties consent, a mediation conference;
(e) attendance by the parties at an information session.”.
22.1 Omit the Order, substitute Order 14 set out in Schedule 6 to these Rules.
23.1 Omit the Order, substitute Order 15 set out in Schedule 7 to these Rules.
24.1 Omit the Order, substitute Order 16 set out in Schedule 8 to these Rules.
25.1 Omit the Order, substitute Order 17 set out in Schedule 9 to these Rules.
26.1 Subrule 5 (1):
Omit the subrule, substitute:
If a document filed in proceedings is to be served under these Rules, the person who filed the document must serve a copy of it as soon as practicable:
(a) on each other party to the proceedings who has an address for service in the proceedings; and
(b) on any child’s representative appointed under section 65 of the Act; and
(c) in the case of an application initiating a claim, or a cause of action, and any document filed with the application—on each other party to the application.”.
27.1 Omit “Order 9”, substitute “Order 11”.
28.1 Omit the Order, substitute Order 19 set out in Schedule 10 to these Rules.
29.1 Omit the rule, substitute:
(1) Subject to subrule (2), at any time after a date is fixed for the hearing of the proceedings, a party may serve on another party a request to make discovery, on oath, of documents that:
(a) are, or have been, in the possession, custody or control of the other party; and
(b) relate to all, or any, of the matters in question in the proceedings.
In proceedings commenced by an application in accordance with Form 7, a party may serve a request to make discovery only if the court, or a Registrar, grants leave to do so, unless:
(a) the directions hearing (including any adjournments) has been completed; and
(b) if a conciliation conference was ordered at the directions hearing—that conciliation conference has been completed.
The court, or a Registrar, must not grant leave under subrule (2) unless there are special circumstances by reason of which the order granting leave should be made.
A request under this rule must be in accordance with Form 24.”.
30.1 Omit the rule, substitute:
(1) The court, or a Registrar, may order a party to proceedings to make discovery, either generally or in relation to particular documents.
Before ordering a party to make discovery, the court, or a Registrar, must take into consideration the matters specified in rule 2.
An order to make discovery may be made subject to conditions relating to service, or conditions generally, as the court, or a Registrar, thinks fit.
A party who is ordered to make discovery must do so by filing an affidavit of documents in accordance with Form 25.”.
31.1 Subrule 5 (1):
Omit “, at any time,”.
32.1 Subrule 7 (1):
Omit “Not less than 14 days before the hearing of proceedings, a party to the proceedings who has filed a pleading or affidavit”, substitute “Not less than 14 days before a hearing in proceedings, a party to those proceedings who has an address for service in the proceedings”.
32.2 Add at the end:
The court may make an order under subrule (1) only if, at the time the court proposes to make the order:
(a) the applicant for the order is entitled, without leave, to serve a request to make discovery under rule 2; or
(b) there are special circumstances.”.
33.1 Subrule 10A (1):
Omit “a pleading”, substitute “an application”.
34.1 Subrule 12 (1):
Omit “a pleading,”, substitute “an application,”.
35.1 Omit the heading, substitute:
36.1 Subrule 1 (1):
Omit the subrule, substitute:
If the court, or a Registrar of a Family Court, is of the opinion that it would be advantageous to do so, the court, or the Registrar, may order the parties to proceedings to attend a conciliation conference in relation to the matters to which the proceedings relate.
In proceedings in which an order (except an order until further order or an order made with the consent of all the parties to the proceedings), under section 79 of the Act is sought, the court, or a Registrar of a Family Court, must order the parties to proceedings to attend a conciliation conference in relation to the matters to which the proceedings relate.”.
36.2 Subrule 1 (2):
Omit “shall”, substitute “must”.
36.3 Subrule 1 (3):
Omit “shall”, substitute “must”.
36.4 Subrules 1 (4) and (5):
Omit the subrules, substitute:
A conference that is ordered under subrule (1) must be held in the presence of a Judicial Registrar, a Registrar, a court counsellor or a welfare officer, as specified in the order.
A conference that is ordered under subrule (1A) must be held with a Judicial Registrar, a Registrar, a Deputy Registrar, a court counsellor or a welfare officer.”.
36.5 Subrule 1 (7):
Omit the subrule, substitute:
The person specified in the order referred to in subrule (4) (that is, the person in whose presence a conference is to be held) may adjourn the conference to be continued in the presence of a Registrar.”.
36.6 Paragraph 1 (9) (b):
After “under”, insert “section 112AD or”.
37.1 Paragraphs 2 (a), (b) and (c):
Omit the paragraphs, substitute:
“(a) the financial matters referred to in a financial statement filed in accordance with Order 17, rule 2; and
(b) the value of any item of property in which any party attending the conference has an interest; and
(c) the financial matters referred to in the conciliation conference particulars produced by a party.”.
38.1 Omit the rule, substitute:
(1) If a conciliation conference relates to financial matters, each party must deliver, at least 7 days before the day fixed for the conference, to each other party who has filed an address for service in the proceedings, the first-mentioned party’s conciliation conference particulars in accordance with Form 17A.
Each party must deliver to the Registrar of the filing registry, at least 3 days before the day fixed for the conference, for the benefit of the Registrar who is to conduct the conference, a copy of the party’s conciliation conference particulars.
Conciliation conference particulars must not be placed on the court file.
At the end of the conference, each party must recover from the person who conducted the conference the party’s conciliation conference particulars.
Subject to subrules (6) and (7), conciliation conference particulars are not admissible in evidence:
(a) in a court (whether or not exercising federal jurisdiction); or
(b) before a person authorised to hear evidence:
(i) by consent of the parties; or
(ii) by or under the Act, the Regulations or these Rules.
Subrule (5) does not prevent conciliation conference particulars being admitted in evidence:
(a) at the trial of a person for an offence committed at the conference; or
(b) at the hearing of an application under section 112AD or 112AP of the Act arising out of the conference; or
(c) at the hearing of an application for costs arising out of the conference.
If a court admits evidence of conciliation conference particulars under subrule (6), the court must treat the evidence in a manner that will, so far as practicable, preserve the privileged nature of the conference.
(1) If any issue remains unresolved between the parties at the end of a conciliation conference, the Registrar may:
(a) give further directions in accordance with subrule (2); and
(b) convene an immediate pre-hearing conference, or direct that a pre-hearing conference be held on a date fixed by the Registrar that is practicable in the matter.
Before giving further directions, the Registrar must consider, if appropriate, all issues relating to the following matters:
(a) whether further primary dispute resolution procedures are appropriate;
(b) consent orders;
(c) the appointment of child representatives;
(d) discovery of documents;
(e) specific questions;
(f) notices to admit facts or documents;
(g) issue of subpoenas;
(h) compliance with any previous orders or directions;
(i) the appropriate court list;
(j) whether any directions are necessary to ensure that the matter proceeds in accordance with court case management guidelines.
(1) The court, or a Registrar of a Family Court, may order the parties to proceedings to attend an information session if the court, or the Registrar, is of the opinion that it would be advantageous to do so.
A party to proceedings who is ordered to attend an information session must attend the information session in person.”.
39.1 Omit the rule, substitute:
At a pre-hearing conference, all issues relating to the following matters must be considered, if appropriate:
(a) the possibility of settlement of any issue or issues in the proceedings;
(b) the date of the trial;
(c) the likely length of the trial;
(d) the defining of issues and orders sought;
(e) amendment of documents;
(f) the appointment of child representatives;
(g) issues (if any) as to valuation;
(h) conferences with experts under Order 30A, rule 9;
(i) the number, and names, of witnesses (both expert and non-expert) taking into account Order 30A, rule 8;
(j) the filing and service of affidavits;
(k) requests to make discovery;
(l) specific questions;
(m) notices to admit facts or documents;
(n) issue of subpoenas;
(o) the appointment of assessors;
(p) if there is more than 1 application in the proceedings that has not yet been determined—the possibility of applications being heard at the same time;
(q) which party is to have carriage of the proceedings;
(r) the filing of documents before the trial, or at the beginning of the trial, according to any relevant practice direction;
(s) any other necessary directions to ensure that the proceedings are ready for trial.”.
40.1 Subrule 3 (7):
Omit “Form 2, 3, 4, 5, 6”, substitute “Form 2, 4, 6”.
41.1 Subrule 1 (1):
Omit “a pleading or affidavit”, substitute “an application or response”.
41.2 Subrule 1 (2):
Omit “a pleading or affidavit”, substitute “an application or response”.
42.1 Subrule 1 (1):
Omit “subrule (1A),”, substitute “subrules (1A) and (1B),”.
42.2 After subrule 1 (1A), insert:
Subject to subrule (1C), in proceedings commenced by an application in accordance with Form 7, unless the court, or a Registrar, has first granted leave, the Registrar must not issue a subpoena until:
(a) the directions hearing (including any adjournments) has been completed; and
(b) if a conciliation conference was ordered at the directions hearing—that conciliation conference has been completed.
The court, or a Registrar, must not grant leave under subrule (1B) unless there are special circumstances by reason of which the order granting leave should be made.”.
43.1 Omit the rule, substitute:
(1) Unless the court otherwise orders, evidence in chief must be given by affidavit at the hearing of an application.
Not later than 28 days before the date fixed for the hearing of an application, or within another period directed by the Registrar, each party must file and serve on each other party who has filed an address for service in the proceedings:
(a) an affidavit setting out the party’s evidence in chief; and
(b) for each witness whom the party intends to call at the hearing:
(i) an affidavit of the witness setting out the witness’s evidence in chief; or
(ii) if the witness refuses to make an affidavit—a notice to that effect setting out the name of the witness.
Despite any other provision of this rule, an affidavit in accordance with subrule (1) may include by reference but, unless the inclusion is less than one folio in length, not by repetition, relevant parts of any affidavit previously sworn by the same deponent and filed and served in the proceedings.”.
44.1 After rule 2AA, insert:
(1) The court may make an order allowing or directing evidence to be taken or submissions to be made by video link or telephone from any place inside or outside Australia.
In relation to evidence taken or submissions
made by video link or telephone from New Zealand, this rule applies subject to
Part 4 of the
The court must not make an order allowing, or directing, evidence to be given or submissions to be made by video link, unless it is satisfied that:
(a) the courtroom or other place where the court is sitting, and the place where the evidence is to be given or the submissions are to be made, are equipped with facilities that:
(i) enable persons who are in the place where the court is sitting to see and hear the person giving the evidence or making the submissions; and
(ii) enable persons who are in the place where the evidence is given or the submissions are made to see and hear the persons in the place where the court is sitting; and
(b) the evidence or submissions can more conveniently be given or made from the place where the evidence is to be given or the submissions are to be made.
The court must not make an order allowing, or directing, evidence to be given or submissions to be made by telephone, unless it is satisfied that:
(a) the courtroom or other place where the court is sitting, and the place where the evidence is to be given or the submissions are to be made, are equipped with facilities that:
(i) enable persons who are in the place where the court is sitting to hear the person giving the evidence or making the submissions; and
(ii) enable persons who are in the place where the evidence is given or the submissions are made to hear the persons in the place where the court is sitting; and
(b) the evidence or submissions can more conveniently be given or made from the place where the evidence is to be given or the submissions are to be made.
If the court makes an order under subrule (1), the court may also make orders:
(a) for the payment of expenses incurred in connection with taking the evidence or making the submissions in that way; and
(b) requiring a registrar or other person to arrange for evidence to be given or submissions to be made; and
(c) requiring or requesting an officer of the court, or of another court, or another person, to assist in taking the evidence or making the submissions and, in particular, to:
(i) introduce witnesses and legal representatives; and
(ii) administer oaths or arrange for the administration of oaths; and
(iii) assist in implementing directions or requests of the judge who is hearing the evidence or submissions.”.
45.1 Omit the rule.
46.1 Omit the rule.
47.1 Paragraph 4 (1) (a):
Omit the paragraph, substitute:
“(a) the application must include particulars of the State or Territory law on which the party intends to rely; and”.
47.2 Subrule 4 (2):
Omit “A pleading”, substitute “An application or an affidavit”.
48.1 Subrule 5 (3):
Omit the subrule, substitute:
On the transfer of proceedings to a Family Court under a cross-vesting law, the Registrar of the filing registry must:
(a) fix a date for a directions hearing; and
(b) inform the parties of that date.”.
49.1 Subrule 6 (1):
Omit the subrule, substitute:
If, in proceedings before a Family Court, a party intends to rely on the law of a State or Territory that may be applied under paragraph 11 (1) (b) of the Cross-vesting Act, the party must:
(a) specify in the party’s application the particular State or Territory law on which the party intends to rely; and
(b) unless the court, or a Registrar, directs otherwise—not later than 14 days after the directions hearing, file and serve an affidavit containing:
(i) a statement of the claim in relation to which the cross-vesting issue arises; and
(ii) the grounds on which the State or Territory law is intended to be relied on.”.
49.2 Subrule 6 (2):
Omit “the pleading shall”, substitute “the party must, in the party’s application, or in an affidavit filed with the application,”.
50.1 Subrule 2 (2):
Omit “Order 9 rule 1,”, substitute “Order 11, rule 1,”.
51.1 Add at the end:
Subrule (1) does not apply to a document that is prepared in accordance with Form 41B, 42, 42A or 42B.”.
52.1 Paragraph 14 (4) (e):
Omit “pleading,”, substitute “pleading, application,”.
52.2 Subrule 14 (6):
Omit “pleading,”, substitute “pleading, an application,”.
53.1 Subrules 3 (1) and (2):
Omit the subrules, substitute:
If a person is alleged to have refused or failed to comply with an order or agreement to which rule 2 applies, the person who is entitled to the money payable under the order or agreement, or a person who is entitled to take proceedings for the purpose of enforcing the payment of those moneys, or the forfeiture of a recognizance, may file an affidavit requesting the issue of:
(a) in relation to a debt due to the Commonwealth:
(i) a notice in accordance with Form 45A; or
(ii) a summons in accordance with Form 45B; or
(b) in any other case:
(i) a notice in accordance with Form 45; or
(ii) a summons in accordance with Form 46.
An affidavit filed under subrule (1) must:
(a) contain evidence in support of the request made in the affidavit; and
(b) state whether any other order is in force for the enforcement of the order; and
(c) state whether any other proceedings for the enforcement of the order are pending; and
(d) if proceedings taken by a person referred in subrule 2 (7) are pending—state the name of the person who has taken the proceedings; and
(e) be accompanied by the appropriate form of notice or summons under subrule (1).
If:
(a) a person has taken proceedings, on behalf of a party, or a child, to enforce an order for the payment of maintenance, or other money; and
(b) before those proceedings are completed, the person is named in an affidavit filed under subrule (1) as the person who has taken proceedings to enforce the order;
the Registrar must:
(c) ask the person for details in relation to progress of the proceedings; and
(d) attach a memorandum containing those details to the affidavit.
On receipt of an affidavit filed under subrule (1) and an appropriate form of notice, the Registrar may issue a notice in accordance with Form 45 or 45A.”.
53.2 Subrule 3 (3):
Omit “Upon receipt of an application for the issue of a summons under paragraph (1) (b) the Registrar may issue such a summons if:”, substitute “On receipt of an affidavit filed under subrule (1) and an appropriate form of summons, the Registrar may issue a summons in accordance with Form 45B or 46 if:”.
53.3 Subrule 3 (3A):
Omit the subrule.
54.1 Paragraph 6 (1) (a):
Omit “Rules;”, substitute “Rules (except an access order);”.
55.1 Omit the rule.
56.1 Subrule 2 (1):
After paragraph 2 (1) (k), insert:
“(l) the power to dispense with the appointment of a conference under subsection 79 (9) of the Act;”.
56.2 Subrule 2 (2):
Omit the subrule, substitute:
The powers of the court under the following Orders and rules of these Rules are delegated to each Registrar:
(a) Order 2;
(aa) Order 3;
(b) Order 4;
(c) Order 7;
(d) Order 8;
(e) Order 9;
(ea) Order 11;
(f) Order 13;
(g) Order 14;
(h) Order 15;
(i) Order 16;
(j) Order 17;
(ja) Order 18;
(k) Order 19;
(l) Order 20;
(m) Order 22;
(n) Order 23 (except subrules 5 (1), (2), (3) and (4));
(o) Order 24;
(p) Order 24A;
(r) Order 25;
(ra) Order 25A;
(s) Order 27;
(t) Order 28 (except rules 7 and 8));
(u) Order 30 (except rule 2AAA);
(v) Order 30A;
(va) Order 31;
(w) Order 33;
(x) Order 35, rule 4 (in respect of a person taken into custody under a warrant issued by a Registrar);
(y) Order 38 (except subrule 8A (2) and rule 43);
(z) Order 40 (except rule 6).”.
57.1 Paragraph 3 (a):
Omit “in accordance with rule 2 of this Order;”, substitute “under these Rules;”.
58.1 Definition of “folio”:
Omit the definition.
59.1 Paragraph 4 (1) (a):
Omit “as agent to instruct counsel or to appear personally”, substitute “or counsel to appear”.
59.2 Paragraph 4 (1) (b):
Omit “solicitor:”, substitute “solicitor or counsel:”.
59.3 Subparagraph 4 (2) (h) (ii):
Omit “agent in relation to the instructions;”, substitute “agent;”.
60.1 Omit the rule.
61.1 Subrule 5 (1):
Omit the subrule, substitute:
An application under the Corporations Law must:
(a) be made according to this rule; and
(b) have a cover sheet in accordance with Form 1B of these Rules.”.
61.2 Subrule 5 (3):
Omit the rule, substitute:
If an application would be required, under Order 71 of the Federal Court Rules, to be made:
(a) in accordance with Form 5 in the First Schedule to the Federal Court Rules; or
(b) by notice of motion;
the application must be made in accordance with Form 8 of these Rules, with any necessary modifications.”.
62.1 Paragraphs 6 (4) (d) and (e):
Omit the paragraphs, substitute:
“(d) ‘controller acting’;
(e) ‘administrator appointed’;
(f) ‘subject to deed of company arrangement’.”.
63.1 After subrule 9 (1), insert:
An application must be accompanied by a cover sheet in accordance with Form 1B.”.
64.1 Form 1A:
Omit “Order 2, subrule 2 (4)”, substitute “Order 2, subrule 3 (3)”.
64.2 Form 6:
Omit “Order 7, rule 8”, substitute “Order 7, rule 5”.
64.3 Form 6:
Omit “an answer”, substitute “a response”.
64.4 Form 6:
Omit “Your answer”, substitute “Your response”.
64.5 Form 12A:
Omit “Order 9A, rule 1”, substitute “Order 14, rule 2”.
64.6 Form 12A, Part A:
Omit the Part, substitute:
“ PART A
THE PROPOSED CONSENT ORDERS
The orders sought are set out in the attached document which is endorsed with the consent of the parties.”.
64.7 Form 12A, Part B (Applicant’s Affidavit):
Note:
Omit “Order 9A, subrule 4 (2),”, substitute “Order 14, subrule 6 (2),”.
64.8 Form 12A, Part C (Respondent’s Affidavit):
Note:
Omit “Order 9A, subrule 4 (2),”, substitute “Order 14, subrule 6 (2),”.
64.9 Form 13:
Omit “Order 10, subrule 2 (1)”, substitute “Order 7, subrule 8 (1)”.
64.10 Form 13:
Omit “Family Law Rules—Order 10, rule 2”, substitute “Family Law Rules Order 7, rule 8”.
64.11 Form 14:
Omit “Order 10, rule 3”, substitute “Order 7, rule 9”.
64.12 Form 14:
Omit “Order 11, rule 19”, substitute “Order 8, rule 19”.
64.13 Form 15A:
Omit “Order 11A, rule 1”, substitute “Order 9, rule 12”.
64.14 Form 15C:
Omit “Order 14, rule 4”, substitute “Order 15, rule 4”.
64.15 Form 16:
Omit “Order 15, rule 1”, substitute “Order 16, rule 1”.
64.16 Form 49 (Affidavit):
Paragraph 3:
Omit the paragraph.
64.17 Form 49A:
Omit “Order 33, rule 10”, substitute “Order 33, rule 11”.
64.18 Form 49B:
Omit “Order 33, rule 10”, substitute “Order 33, rule 11”.
64.19 Omit Forms 1, 1B, 2, 3, 4, 7, 7A, 7B, 7C, 8, 9, 10, 11, 12, 15, 15B, 17, 19, 21, 22, 23, 27A, 38A, 41B, 42, 42A, 42B, 66 and 67, substitute, in correct numerical sequence, Forms 1, 1B, 2, 2A, 4, 7, 7A, 7B, 8, 8A, 10, 12, 12B, 15B, 15D, 17, 17A, 19, 21, 22, 23, 38A, 41B, 42, 42A, 42B, 66 and 67, set out in Schedule 11 to these Rules.
65.1 Part 3, items 17, 18, 19 and 20:
Omit “as agent to instruct counsel or to appear personally”, substitute “or counsel to appear”.
66.1 A document that is accepted for filing under the Family Law Rules as in force immediately before the commencement of these Rules is taken to be a document that is filed in accordance with the Family Law Rules as amended by these Rules.
A document that is filed after the commencement of these Rules in proceedings that were commenced before the commencement of these Rules will need to be in accordance with the Family Law Rules as amended by these Rules.]
“
“
This Order applies to an application for:
(a) a decree of dissolution of marriage; or
(b) a decree of nullity of marriage; or
(c) a declaration as to the validity of a marriage; or
(d) a declaration of the annulment or dissolution of a marriage by decree or otherwise.
(1) Proceedings for principal relief must be instituted by filing an application.
An application instituting proceedings in:
(a) a Supreme Court; or
(b) a court of summary jurisdiction;
of a Territory must state whether the applicant or respondent is ordinarily resident in that Territory.
An application for a decree of nullity of marriage must be in accordance with Form 2.
An application for a decree of dissolution of marriage must be in accordance with Form 4.
An application for the purposes of section 113 of the Act must be in accordance with Form 6.
(1) Subject to this rule, an applicant must file with an application to which this Order applies:
(a) if the application is for a decree of nullity or dissolution of marriage—the marriage certificate relating to the marriage or purported marriage; or
(b) if the application is for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage—the relevant marriage certificate or decree of annulment or dissolution, as the case may be.
If a decree is required to be filed under subrule (1), a photocopy or certified copy of the decree may be filed instead of the original.
If an applicant is unable to file a document required by subrule (1), the applicant must:
(a) file with the application an affidavit setting out the facts and circumstances by reason of which the applicant is unable to file the document; or
(b) give to the Registrar an undertaking, satisfactory to the Registrar, to file the document within a specified time.
An applicant need not file a document required by subrule (1) if the applicant has already filed the document in relation to other proceedings in the same registry.
If a document required by subrule (1) is not in English, the applicant must file with the application:
(a) a translation of the document in English; and
(b) an affidavit by the person who made the translation verifying the translation and setting out the person’s qualifications to make the translation.
(1) After the filing of an application for principal relief, the Registrar must fix a date for the hearing of the application.
The date fixed for the hearing of the application must be:
(a) in the case of a joint application—at least 21 days after the day on which the application is filed; or
(b) in the case of an application other than a joint application:
(i) if the respondent is in Australia—at least 42 days; or
(ii) if the respondent is outside Australia—at least 56 days;
after the day on which the application is filed.
(1)A respondent to, or an intervener in, proceedings for principal relief who wishes to oppose an application must file a response to the application in accordance with Form 13.
“(2)A respondent or intervener must serve a response on the applicant as soon as practicable after it is filed.
(1) A respondent in proceedings for principal relief who wishes to contest the jurisdiction of the court must file a response objecting to jurisdiction in accordance with Form 14.
The response must be served on the applicant as soon as practicable after it is filed.
If the court overrules an objection to its jurisdiction, the court must give directions in relation to the further conduct of the proceedings.
A respondent to an application must file a response, or a response objecting to jurisdiction, within:
(a) if the respondent is served in Australia—28 days; or
(b) if the respondent is served outside Australia—42 days;
after the day on which the application is served on the respondent.
(1) If a respondent files a response, or a response objecting to jurisdiction, after the expiry of the time fixed by rule 10, the applicant may continue the proceedings as if the response, or response objecting to jurisdiction, had not been filed unless:
(a) the applicant consents to the late filing; or
(b) the court, or a Registrar, otherwise orders.
If an applicant consents to the late filing of a response, or a response objecting to jurisdiction, the applicant:
(a) must give his or her consent in writing; and
(b) may endorse the consent on the response, or response objecting to jurisdiction.
(1) An application under section 57 or 58 of the Act must be in accordance with Form 8.
An applicant under section 57 or 58 of the Act must file and serve with the application an affidavit in accordance with Order 16 setting out:
(a) the reasons why the decree nisi should be rescinded; and
(b) the evidence supporting those reasons.
(1) An application made under this Order may be discontinued with the leave of the court or a Registrar.
An order under subrule (1) may be made subject to any conditions, including service, that the court, or a Registrar, thinks fit.
“
If, in proceedings for dissolution of marriage:
(a) at the date of the hearing of the proceedings there are no children of the marriage, within the meaning given in subsection 55A (3) of the Act, who have not turned 18; and
(b) either:
(i) a respondent has been served not less than 28 days before the date of hearing of the proceedings with a request in accordance with Part B of Form 4; or
(ii) a joint application has been made in accordance with Part B of Form 4;
the court, or a Registrar, may determine the proceedings even if
neither
(1) If, in proceedings for dissolution of marriage:
(a) a respondent has been served, not less than 28 days before the date of hearing, with a request in accordance with Part B of Form 4; or
(b) a joint application has been made in accordance with Part B of Form 4;
then:
(c) an applicant, or respondent to that application; or
(d) a joint applicant;
may request the court, or a Registrar, not to determine the proceedings in the absence of the parties, by filing and serving on the other party, or the other joint applicant, as the case requires, a
notice in accordance with Form 10 not later than 7 days before the date of hearing of the application.
If a notice has been filed and served in accordance with subrule (1), the court, or a Registrar, must determine the proceedings in open court.”.
“
“
This Order applies to all applications except applications for principal relief.
In proceedings to which this Order applies, a party must not file an affidavit unless:
(a) the affidavit is required or authorised to be filed by these Rules; or
(b) the court, or a Registrar, grants leave to do so.
SCHEDULE 2 —continued
“
(1) Unless these Rules otherwise provide, and subject to subrules (2), (3) and (4), an application for final orders for relief (except principal relief, or relief of a kind referred to in subrule (3) or (4)) must be in accordance with Form 7.
Subject to subrules (3) and (4), if:
(a) a response is to be filed in accordance with Form 7A to a cause of action raised in an application in accordance with Form 7; and
(b) the respondent seeks a final order in a cause of action that is not raised in the application;
the order may be sought in the response.
Subject to subrule (4), an application:
(a) for interim or procedural orders (whether or not a cross-vesting law is involved); or
(b) for an order under the
Marriage Act 1961 ;
must be in accordance with Form 8.
An application seeking orders in relation to maintenance must be in accordance with Form 12.
If:
(a) an order is sought in a court having jurisdiction under the Act; and
(b) no form of application is provided by these Rules;
the application must be in accordance with Form 8.
If:
(a) a party has filed an application in accordance with Form 7 or 7A; and
SCHEDULE 2— continued
(b) the party wishes to make a further claim in relation to a different cause of action, other than:
(i) an application under a cross-vesting law; or
(ii) for the maintenance of a child or a party;
the party must amend the application in accordance with Order 9, Division 3.
(1) An application must:
(a) comply, as nearly as practicable, with the prescribed Form; and
(b) specify, briefly, but precisely, the orders that the court is asked to make.
An application instituting proceedings in:
(a) a Supreme Court; or
(b) a court of summary jurisdiction;
of a Territory must state whether the applicant or respondent is ordinarily resident in the Territory.
(1) An applicant who files an application in accordance with Form 8 must file and serve with the application an affidavit in accordance with subrule (2).
Subject to subrule (3), the affidavit must:
(a) comply with Order 16; and
(b) set out only the facts on which the court will be asked to make the orders sought.
Facts exceeding 1 folio that have been set out in a previous affidavit in the proceedings may be incorporated by reference to the relevant paragraph or paragraphs of the previous affidavit.
SCHEDULE 2— continued
If an application is filed in accordance with Form 7 in a court (except a court of summary jurisdiction), the Registrar must:
(a) fix a date for a directions hearing that is as near as practicable to 42 days after the date on which the application was filed; and
(b) endorse the date on the application.
(1) If an application for interim or procedural orders is filed in a court (except a court of summary jurisdiction), the Registrar must:
(a) fix a date for the hearing of the application; and
(b) endorse the date on the application.
If an application in accordance with Form 8 (except an application for interim or procedural orders) is filed in a court (except a court of summary jurisdiction), the Registrar must:
(a) fix a date for a directions hearing; and
(b) endorse the date on the application.
Subject to subrule (4), the date fixed for the hearing of an application, or for a directions hearing, must be:
(a) a date that is as near as practicable to, but not earlier than, 28 days after the application is filed; or
(b) if:
(i) there are other proceedings (except proceedings for principal relief) on foot between the same parties; and
(ii) a date has been fixed for the hearing of those other proceedings, or for a directions hearing in relation to those other proceedings; and
(iii) that date is considered by the Registrar to be reasonable in the circumstances;
the date of that hearing or directions hearing.
SCHEDULE 2— continued
If an application to which this rule applies
is an application for an order for urgent relief, the applicant may apply
If an application is made under subrule (4), the Registrar may fix as the date for the hearing of an application the date that the Registrar considers appropriate in the particular circumstances.
If an application to which this Division applies is filed in a court of summary jurisdiction, the Registrar of that court must:
(a) fix a date for the hearing of the application; and
(b) endorse the date on the application.
An application in accordance with Form 7 or 8 must be served in accordance with Order 18.
“
(1) Subject to this rule, an applicant must file with an application:
(a) if the relevant marriage has not been annulled or dissolved—a marriage certificate; or
(b) if the relevant marriage has been annulled—a marriage certificate, decree of nullity, or other certificate or record of the annulment; or
(c) if the relevant marriage has been dissolved—a marriage certificate, certificate of decree absolute, or other certificate or record of the dissolution; or
(d) if the application relates to an ex-nuptial child—the child’s birth certificate.
SCHEDULE 2— continued
If, under subrule (1), a certificate or record is required to be filed, the applicant may file a photocopy or certified copy of the certificate or a certified copy of the record instead of the original certificate or record.
If an applicant is not able to file a document required by subrule (1), the applicant must:
(a) file an affidavit setting out the facts and circumstances by reason of which the applicant is not able to file the document; or
(b) give to the Registrar an undertaking, satisfactory to the Registrar, to file the document within a specified time.
An applicant need not file a document required by subrule (1) if the applicant has already filed the document in relation to other proceedings in the same registry.
If a document required by subrule (1) is not in English, the applicant must file with the application:
(a) a translation of the document in English; and
(b) an affidavit by the person who made the translation verifying the translation and setting out the person’s qualifications to make the translation.
If an application to which this Order applies seeks relief (other than relief under Order 11, or interim or procedural relief) in relation to financial matters, the applicant must file and serve with the application a financial statement in accordance with Order 17, rule 2.
“
(1) A respondent to an application in accordance with Form 7 may file and serve a response to the application in accordance with Form 7A.
SCHEDULE 2— continued
In a response under subrule (1):
(a) the respondent must:
(i) indicate the facts set out in the application with which the respondent disagrees; and
(ii) set out briefly and precisely the orders that the respondent will ask the court to make; and
(b) the respondent may:
(i) if the respondent consents to an order sought by the applicant—indicate the consent; or
(ii) ask the court to make another order; or
(iii) ask the court to dismiss the application; or
(iv) seek orders in a cause of action other than the cause of action set out in the application.
If a respondent files and serves a response that seeks orders in a cause of action (except the cause set out in the relevant application), the applicant may file and serve a reply, in accordance with Form 7B, to the response.
If practicable, a response or reply to which rule 14 or 15 applies must be filed and served at least 7 days before the date fixed for the directions hearing in the relevant proceedings.
(1) If a party (except an applicant) seeks an order (including an order for dismissal of the proceedings) in proceedings commenced by an application in accordance with Form 8, the party must file and serve a response in accordance with Form 8A.
A party who files and serves a response in accordance with Form 8A may file and serve with the response an affidavit that is substantially in accordance with subrule (3) and Order 16.
SCHEDULE 2— continued
The deponent must set out, briefly and precisely, in the affidavit:
(a) in paragraph 1:
(i) that the deponent is the party on whose behalf the affidavit is filed; or
(ii) the deponent’s relationship to that party; and
(b) the evidence on which the court is asked to:
(i) make the orders (if any) sought by the deponent; or
(ii) dismiss the application.
If practicable, a response and any supporting affidavit to which rule 17 applies must be filed and served at least 7 days before the date fixed for:
(a) the hearing of the application; or
(b) the directions hearing;
as the case may be.
(1) If a respondent to proceedings to which this Order applies wishes to contest the jurisdiction of the court, the respondent must file and serve a response to the application in accordance with Form 14.
If the court overrules an objection to its jurisdiction, the court must give directions for the further conduct of the proceedings.”.
“
“
This Order applies to all proceedings except proceedings for principal relief.
“
(1) At a directions hearing, the court, or a Registrar, must give appropriate directions in relation to the conduct of the proceedings.
At a directions hearing, as far as practicable, all interim and procedural applications in the proceedings must be heard.
At a directions hearing, the court, or a Registrar, may:
(a) fix a date for a further directions hearing; or
(b) if the parties agree and the court, or the Registrar, thinks fit—hear and determine the proceedings; or
(c) if no applicant appears at the hearing—do any of the following:
(i) dismiss the application;
(ii) make any other order the court, or the Registrar, thinks appropriate; or
(d) if no respondent appears at the hearing—do any of the following:
(i) make the order sought by the applicant;
(ii) make any other order the court, or the Registrar, thinks appropriate;
SCHEDULE 3 —continued
(iii) give any direction the court, or the Registrar, thinks appropriate.
At a directions hearing, each party must, as far as practicable, apply for:
(a) any interim or procedural order that has not already been sought in a previous application; and
(b) any necessary directions under subrule (5).
At a directions hearing, the court, or a Registrar, may:
(a) investigate the possibility of settlement of any issue in the proceedings; and
(b) make orders or directions in relation to any aspect of the following matters:
(i) consent orders;
(ii) attendance of parties at information sessions;
(iii) counselling;
(iv) mediation;
(v) arbitration;
(vi) defining the issues and orders sought;
(vii) appointment of child representatives;
(viii) giving notice to persons who are not parties to the proceedings;
(ix) amendment of documents;
(x) conciliation or pre-hearing conferences;
(xi) production of documents at a conciliation conference;
(xii) production, filing and exchange of market appraisals or valuations of property;
(xiii) withdrawal of proceedings;
(xiv) costs.
(1) This rule applies to a hearing of proceedings except:
(a) a hearing of proceedings under Order 10, Order 33 or Order 34; or
SCHEDULE 3— continued
(b) a hearing that is a final hearing of proceedings commenced by an application in accordance with Form 7; or
(c) a hearing that has been fixed:
(i) at a pre-hearing conference; or
(ii) by a Judge, Judicial Registrar, or Magistrate.
If the parties to proceedings agree that, because of short service or other special circumstances, it is inappropriate for the hearing of the application, or the directions hearing, to proceed on the date fixed by the Registrar, the parties may request the Registrar, in accordance with this rule, to adjourn the hearing.
A request must be by a letter that:
(a) sets out:
(i) why it is appropriate to adjourn the hearing of an application, or a directions hearing; and
(ii) the date to which the hearing or directions hearing, is sought to be adjourned; and
(b) is signed by all parties; and
(c) is delivered to the Registrar not later than 2 clear days before the date fixed for the hearing or directions hearing.
If a request is made in accordance with subrule (3), the Registrar, without requiring the parties to appear before the court, but subject to subrule (5), must adjourn the hearing of the application, or the directions hearing, to:
(a) the date requested; or
(b) a date that is practicable.
The hearing of an application, or a directions hearing, may be adjourned:
(a) not more than twice under this rule; and
(b) on each occasion—for a period not exceeding 4 weeks.
SCHEDULE 3— continued
“
In this Division:
A party who has filed and served a document may amend the document without the leave of the court, or the consent of any other party to the proceedings, at any time before a date is fixed for the hearing of the proceedings.
(1) At any time, the court, or a Registrar, may give a party leave to amend a document that has been filed, even if the effect is:
(a) to add or substitute a claim arising after the commencement of the proceedings; or
(b) to substitute or add another person as a party to the proceedings.
If the court, or a Registrar, gives a party leave to amend a document, the court, or the Registrar, may give directions in relation to:
(a) the time within which the amendment must be made; and
(b) the manner in which the amendment must be made; and
(c) the service of the amended document.
If the court, or a Registrar, does not fix a time for service of an amended document under paragraph (2) (c), the amended document must be served not later than 14 days after the date on which the order giving leave to amend the document was made.
SCHEDULE 3— continued
An order giving leave under rule 6 ceases to have effect:
(a) on the expiry of the period fixed by the order for the making of the amendment; or
(b) if no period is fixed—at the end of 14 days after the order is made.
Unless the Registrar directs otherwise, if a party amends a document, the party must file with the Registrar a copy of the amended document that clearly indicates each of the amendments.
If a party amends a document, the party must endorse on the amended document:
(a) if the document was amended by leave of the court or a Registrar:
(i) the date on which leave was given; and
(ii) the date on which the amendment was made; and
(b) the date on which the amended document was filed.
If a party amends a document, the party must serve a copy of it on each other party to the proceedings who has an address for service.
(1) If an amended document:
(a) has been served on a party; and
(b) affects a document previously filed by the party (‘
the affected document ’);
the party may amend the affected document in accordance with this Division.
SCHEDULE 3— continued
A party who wishes to amend an affected document must do so not later than:
(a) the date specified in the order giving leave to amend; or
(b) in any other case—14 days after service on the party of the amended document.
A party who:
(a) has filed an affected document; and
(b) does not:
(i) amend the affected document; and
(ii) file the document as so amended;
is taken to rely on the document as originally filed by the party.
(1) Subject to subrule (3), an applicant or a respondent may discontinue an application wholly, or in part, by filing a notice of discontinuance in accordance with Form 15A.
A notice of discontinuance may be filed:
(a) without the leave of the court, or a Registrar—at any time before the day fixed for the final hearing of the application; or
(b) with the leave of the court, or a Registrar—at any later time.
If:
(a) the proceedings relate to property of the parties, or of any party; and
(b) one of the parties dies before the proceedings are determined;
the application must not be discontinued except with the leave of the court, or a Registrar.
SCHEDULE 3— continued
If a party files a notice of discontinuance, the party must serve a copy of it on each other party to the proceedings who has an address for service, as soon as practicable after filing the notice.
Discontinuance of an application by a party to proceedings does not prevent another party to the proceedings from using the application or response in cross-examination or in evidence.
The Registrar must mark an application that is discontinued accordingly.
Unless the court, or a Registrar, otherwise orders, an application that is discontinued must be retained on the court file.
If a party to proceedings discontinues an application, either wholly, or in part, any other party to the proceedings may make an application to the court, or a Registrar, for costs.
An application for costs under subrule (8) must be made by a party:
(a) not later than 28 days after service on the party of the notice of discontinuance; or
(b) within the time that the court, or a Registrar, allows.”.
Rule 18
“
(1) This Order applies to an application in which an applicant applies for a respondent to be dealt with under section 112AD of the Act for an alleged contravention of an access order.
SCHEDULE 4— continued
An application under this Order must:
(a) be in accordance with Form 49; and
(b) set out the nature and date of each alleged act or omission.
Despite any other provision of these Rules, a party who makes an application under this Order need not file an affidavit unless the court orders the party to do so.
(1) The Registrar must fix a date for the hearing of an application under this Order.
The date fixed must be:
(a) if the respondent lives in Australia—a date not later than 14 days after the application is filed; or
(b) if the respondent does not live in Australia—a date not later than 35 days after the application is filed.
An applicant who files an application under this Order must serve a sealed copy of the application on the respondent in the manner set out in Order 18, paragraph 9 (1) (a) or 9 (2) (a), as appropriate, not later than 2 days before the date fixed for the hearing of the application.
So far as practicable, the court must hear and determine an application under this Order:
(a) on the date fixed for the hearing of the application; and
(b) without a directions hearing.
On the hearing of an application under this Order, the court must:
SCHEDULE 4— continued
(a) cause the respondent to the application to be orally informed of each alleged act or omission specified in the application; and
(b) ask the respondent to state whether he or she admits or denies each allegation; and
(c) hear any evidence that the applicant adduces; and
(d) ask the respondent to state his or her defence (if any) to the application; and
(e) hear any evidence that the respondent adduces; and
(f) determine the issues raised in the application and response (if any); and
(g) make any orders that are appropriate in the circumstances.
If:
(a) an applicant has complied with rule 3; and
(b) without reasonable excuse, the respondent fails to appear before a court as required by the application;
the court may issue a warrant for the arrest of the respondent.
Pending the disposal of proceedings under this Order, the court may order:
(a) that the respondent be held in custody; or
(b) that the respondent:
(i) appear personally at the hearing; and
(ii) until the hearing—be released with security (in such sum as the court may direct), or without security.”.
“
(1) This Order applies to an application for:
(a) maintenance; or
(b) a contribution referred to in section 66X of the Act.
An application under this Order must be made in accordance with Form 12.
(1) If an application is filed under this Order, the Registrar must:
(a) fix a date for the hearing of the application; and
(b) endorse the date on the application.
The date fixed for the hearing of the application must be as near as practicable to, but not earlier than, 28 days after the date on which the application is filed.
Unless the court, or a Registrar, otherwise orders, an applicant who makes an application under this Order, or a respondent to that application, is not required to file:
(a) a financial statement in accordance with Order 17, rule 2; or
(b) an affidavit.
If a respondent to an application under this Order intends to ask the court to make an order other than the order sought by the applicant, the respondent must:
(a) file a response in accordance with Form 12B; and
SCHEDULE 5— continued
(b) serve that response on the applicant as soon as practicable after it is filed.
(1) If a person wishes to apply under this Order personally, rather than by a legal practitioner, the Registrar must give the person:
(a) a pamphlet prepared by the Principal Registrar that sets out:
(i) how to complete Form 12; and
(ii) how an application must be served; and
(iii) how the applicant must prove that the application was served; and
(iv) the procedure that will be followed at the hearing; and
(v) the documents that the applicant must bring to the hearing; and
(b) if the applicant seeks maintenance for a child—an estimate of the costs of maintaining a child, being an estimate in accordance with published research of the Australian Institute of Family Studies; and
(c) a blank form of response in accordance with Form 12B.
The blank form of response referred to in paragraph (c) is intended to be given to a respondent at the same time as an application is served on the respondent.]
If an application under this Order is served on a respondent, the person serving the application must also give the respondent:
(a) a blank form of response in accordance with Form 12B; and
(b) a pamphlet prepared by the Principal Registrar that sets out:
(i) the procedure that will be followed at the hearing; and
(ii) the documents that the respondent must bring to the hearing; and
SCHEDULE 5 —continued
(iii) what may happen if the respondent does not come to the hearing; and
(iv) how to oppose the application; and
(v) how to complete Form 12B; and
(vi) how the response in accordance with Form 12B is to be served; and
(c) if the applicant seeks maintenance for a child—an estimate of the costs of maintaining a child, being an estimate in accordance with published research of the Australian Institute of Family Studies.
A respondent to an application under this Order must bring the following documents to the court on the date fixed for the hearing of the application:
(a) a copy of the respondent’s taxation return for the most recent financial year;
(b) the respondent’s taxation assessment for the most recent financial year;
(c) the respondent’s bank records for the 12 months immediately preceding the date on which the application was filed;
(d) the respondent’s most recent pay advice;
(e) any document in the respondent’s possession, custody or control that may assist the court in determining the income, needs and financial resources of the respondent.
So far as practicable, the court must hear and determine an application under this Order:
(a) on the date fixed for the hearing of the application; and
(b) without a directions hearing.”.
“
“
In proceedings in which orders may be made by consent, an application for an order of that kind may be made in accordance with this Division.
Despite any other provision of these Rules, a person may make an initiating application for consent orders in accordance with Form 12A.
(1) An applicant must swear an affidavit in the form set out at the end of Part B of the application.
A respondent must swear an affidavit in the form set out as Part C of the application.
If there is more than one respondent:
(a) each respondent must supply the particulars set out in item 7 of Part B of the application; and
(b) each respondent must fill in Part C of a copy of Form 12A and swear an affidavit in the form set out in that Part.
A respondent need not fill in item 7 of Part B of the application if:
(a) the proposed consent orders set out in the attachment to Part A of the application relate only to non-financial matters (such as custody or access); or
SCHEDULE 6 —continued
(b) the proposed consent orders relate to financial matters and the applicant and the respondent:
(i) are each legally represented; and
(ii) have been advised by their legal representatives of their rights under the Act and of the effect and consequences of making the proposed orders.
(1) An applicant must file with an application the original, and 2 copies, of the orders sought:
(a) endorsed with the consent of each party; and
(b) in a form that is suitable for signature by a Registrar.
The copies must be certified as true copies by:
(a) the applicant’s legal representative; or
(b) each party to the application.
(1) A respondent’s consent to the proposed consent orders lapses if the applicant does not file the application within 60 days after the day on which the respondent swore the affidavit at the end of Part C of the application.
If there is more than one respondent, the consent of the respondents lapses if the application is not filed within 60 days after the last day on which a respondent swore the affidavit at the end of Part C of the application.
(1) Despite any other provision of these Rules, if an application for consent orders is filed within the period specified in rule 5, a Registrar:
(a) if the Registrar is a Registrar of the Family Court—may make the orders in Chambers; or
(b) in any other case—may bring the matter before a Judge, Judicial Registrar or Magistrate in Chambers.
SCHEDULE 6— continued
At any time before the orders are made, the Judge, Judicial Registrar, Registrar or Magistrate may require a party to file additional information.
An application for consent orders in pending proceedings may be made:
(a) orally during a hearing or trial; or
(b) in accordance with rule 8.
(1) A party to proceedings may consent, in writing, to the making of an order in the proceedings.
A proposed consent order must state that it is made by consent.
If a party consents, the party must file the consent.
Despite any other provision of these Rules, if a consent is filed by a party to the proceedings, a Registrar:
(a) may bring the matter before a Judge, a Judicial Registrar, or a Magistrate, who:
(i) if the Judge, Judicial Registrar, or Magistrate thinks fit; and
(ii) without any other application being made;
may direct the Registrar to prepare, sign and seal an order of the court in accordance with the terms of the consent; or
(b) if the Registrar is a Registrar of a Family Court—may make an order in accordance with the terms of the consent.
For the purposes of subrule (4), a consent to the making of a particular order in proceedings is taken to be filed by each party to the proceedings if a consent that sets out the proposed order:
(a) is filed by one of the parties to the proceedings; and
(b) bears the signed endorsement of each other party.
SCHEDULE 6— continued
A consent order made under this rule is taken to be of the same force and validity as if it had been made after a hearing by the court.
“
An application for approval of a maintenance agreement under section 87 of the Act must be made:
(a) orally during a hearing or trial in the proceedings; or
(b) by filing an application in accordance with Form 8.
(1) An applicant for approval of a maintenance agreement must:
(a) in the case of an oral application—provide to the court; or
(b) in the case of an application in writing—file with the application;
the documents specified in subrule (2), unless the applicant has already done so.
The documents are:
(a) a financial statement in accordance with Order 17, rule 2; and
(b) if an affidavit or other document is necessary to support the application and is relevant to the question of whether the provisions of the agreement with respect to financial matters are proper—the affidavit or document.
Before the date fixed for the hearing of an application, a respondent must file:
(a) a financial statement in accordance with Order 17, rule 2; and
SCHEDULE 6— continued
(b) if an affidavit or other document is necessary to support the respondent’s position in relation to the application and is relevant to the question of whether the provisions of the agreement with respect to financial matters are proper—the affidavit or document.”.
“
“
If the Attorney-General intervenes in proceedings (except under section 58 of the Act), the Attorney-General must:
(a) file a notice:
(i) stating that the Attorney-General intervenes in the proceedings; and
(ii) setting out the basis or grounds of the intervention; and
(iii) setting out the orders (if any) sought; and
(b) cause a copy of the notice to be served on each other party to the proceedings.
(1) If the Attorney-General intervenes in proceedings under section 58 of the Act, the Attorney-General must file an application and an affidavit setting out the facts and matters relied on in support of the application.
SCHEDULE 7— continued
The Attorney-General must cause the application and affidavit referred to in subrule (1) to be served on each party to the proceedings in which the relevant decree nisi was made.
(1) If a person who is not a party to proceedings wishes to intervene in the proceedings, the person must file an application for leave to intervene in accordance with Form 8.
An applicant for leave to intervene in proceedings must file with the application an affidavit that sets out:
(a) in paragraph 1—the relationship (if any) of the applicant to the parties or any of them; and
(b) in paragraph 2—the orders (if any) that the applicant will ask the court to make if the applicant is granted leave to intervene; and
(c) the evidence on the basis of which the applicant asks the court to grant leave to intervene.
An applicant for leave to intervene in proceedings must serve the application and affidavit on each other party to the proceedings.
(1) If the court, or a Registrar, makes an order granting a person leave to intervene in proceedings, the person must:
(a) not later than 14 days after the order is made:
(i) file a notice of intervention in accordance with Form 15C; and
(ii) file an application in accordance with Form 8 setting out the orders (if any) sought; and
(b) as soon as practicable, serve a copy of the order, the notice, and the application (if any) on each other party to the proceedings.
Unless the court, or a Registrar, otherwise orders, Orders 8 and 9 apply to an application referred to in subparagraph (1) (a) (ii).
SCHEDULE 7— continued
At any time during proceedings, the court, or a Registrar, may order:
(a) a party; or
(b) a person who seeks leave to intervene; or
(c) a person to whom leave has been given to intervene;
to give notice to a person specified in the order, in the form ordered by the court, or the Registrar, stating:
(d) that proceedings have been instituted; and
(e) that a person seeks, or has been given, leave to intervene in the proceedings; and
(f) any other fact or matter the court, or the Registrar, thinks appropriate.
“
(1) If a respondent in proceedings:
(a) claims:
(i) a contribution or indemnity; or
(ii) any relief or remedy related to the subject-matter of the proceedings that is substantially the same as some relief or remedy claimed by the applicant in the proceedings;
against a person not already a party to the proceedings; or
(b) seeks to have a question relating to the proceedings determined between, not only the applicant and the respondent, but also between either of them and that person;
then, subject to subrule (2), the respondent may join that person as a third party to the proceedings.
A respondent in proceedings may join a person as a third party:
SCHEDULE 7— continued
(a) before the directions hearing; or
(b) with the leave of the court, or a Registrar—after the directions hearing.
(1) A respondent may claim relief against a third party by filing a third party notice in accordance with Form 15B.
The third party notice must set out:
(a) the relief claimed; and
(b) if the notice is made in reliance on a cross-vesting law—the particulars required under Order 31A.
On filing a third party notice:
(a) the person named in the notice as a third party becomes a party to the proceedings; and
(b) the respondent who joined the person as a third party must serve on the person, as soon as practicable after the date of filing and, in any event, before the directions hearing:
(i) a copy of the third party notice; and
(ii) if the third party was joined by leave of the court, or a Registrar—a copy of the relevant order; and
(iii) a copy of the application initiating the proceedings; and
(iv) a copy of any other application or relevant affidavit filed and served in the proceedings.
If notice of a claim against a third party is filed in a court of summary jurisdiction:
(a) the Registrar of the court must fix a date for the hearing of the proceedings; and
SCHEDULE 7— continued
(b) the proceedings must be heard and disposed of without a directions hearing, unless the court otherwise orders.
(1) If a third party is served with a third party notice, the third party may file and serve a response in accordance with Form 15D as if the notice were an application and the third party were the respondent.
A response that is filed and served under subrule (1) must be filed and served:
(a) as soon as practicable after service of the third party notice; and
(b) in any event, before the directions hearing.
“
(1) If an application is made in proceedings concerning the welfare, guardianship, custody or maintenance of, or access to, a child, a parent of the child who is not an applicant in the proceedings must be joined as a respondent in the proceedings, unless the court, or a Registrar, otherwise orders.
If, in proceedings of the kind referred to in subrule (1):
(a) a parent of the child is not a party to the proceedings; and
(b) no other party applies to join the parent as a respondent in the proceedings;
the court, or the Registrar, may order that the child’s parent or parents be made a respondent or respondents in the proceedings.
If an application is made concerning the welfare, guardianship, custody or maintenance of, or access to, a child, notice
of the proceedings, in a form determined by the court, or a Registrar, must be given:
(a) if the person having the custody, guardianship, 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 ordered by the court, or the Registrar.
(1) If:
(a) a person dies; and
(b) under the Act, proceedings may be instituted or continued by or against the person’s estate or legal personal representative;
the court, or a Registrar, may make any orders it thinks proper with respect to the conduct of the proceedings, including:
(c) an order that the legal personal representative of the person be substituted for the person as a party; and
(d) an order that notice of the proceedings be given to a person in the manner directed by the court, or the Registrar; and
(e) an order granting leave to a person to intervene in the proceedings on the terms the court, or the Registrar, thinks fit; and
(f) an order for the amendment of an application or other document in the proceedings, in the manner and subject to the conditions that the court, or the Registrar, thinks fit.
For the purposes of this rule,
“
(1) An affidavit must be in accordance with Form 16.
An affidavit must be divided into paragraphs, numbered consecutively, each paragraph being, as far as possible, confined to a distinct portion of the subject-matter.
(1) The deponent and the person before whom an affidavit is sworn must sign each page of the affidavit.
Subject to subrule (3), the deponent and the person before whom an affidavit is sworn must initial alterations, interlineations or erasures in the affidavit.
A deponent who is physically incapable of signing an affidavit need not:
(a) sign the affidavit; or
(b) initial alterations, erasures or interlineations in it.
A person before whom an affidavit is sworn must print his or her name legibly under, or beside, the signature, after signing the jurat.
(1) If the person before whom an affidavit is sworn considers that the deponent is illiterate or blind, the person must certify, in or below the jurat, that at the time the affidavit was sworn:
(a) the affidavit was read aloud to the deponent; and
(b) the deponent seemed to understand the affidavit.
SCHEDULE 8— continued
If it appears to a person before whom an affidavit is sworn that the deponent is physically incapable of signing the affidavit, the person must certify, in or below the jurat, that at the time the affidavit was sworn:
(a) the affidavit was read aloud to the deponent; and
(b) the deponent seemed to understand the affidavit; and
(c) the deponent signified that the deponent swore the affidavit.
If an affidavit is to be made by a person who does not have an adequate command of English:
(a) the affidavit and the oath or affirmation to be taken must be translated to the deponent into a language that the deponent understands; and
(b) the person who translated the affidavit and the oath or affirmation must certify, in or below the jurat, that the person has done so.
If an affidavit is made by a deponent who:
(a) is illiterate or blind; or
(b) is physically incapable of signing the affidavit; or
(c) does not have an adequate command of English;
and the certificate required by subrule (1), (2) or (3) has not been provided, the affidavit is not to be used unless the court, or a Registrar, is satisfied that:
(d) the affidavit was read aloud or translated to the deponent, as the case requires; and
(e) the deponent seemed to understand it; and
(f) in the case of a person who is physically incapable of signing the affidavit—the deponent signified that the deponent swore the affidavit.
(1) A document that is to be used in conjunction with an affidavit must be attached to, or made an exhibit to, the affidavit.
An attachment to an affidavit must bear an endorsement, signed by the person before whom the affidavit is sworn, that
identifies the attachment as the particular attachment referred to in the affidavit.
An exhibit to an affidavit must be identified:
(a) by the title and number of the proceedings in which the affidavit is filed; and
(b) by the person before whom the affidavit is sworn—as the particular exhibit referred to in the affidavit.
If a document is attached or exhibited to an affidavit, a copy of the document must be served with the affidavit.
An affidavit must have a cover sheet bearing, in addition to the matters required by Order 2, rule 3:
(a) the name of the deponent; and
(b) the date upon which the affidavit was sworn.
(1) If a legal practitioner prepares or settles, or supervises the preparation or settling of, an affidavit, the legal practitioner must endorse on the affidavit, immediately after the jurat, a statement to that effect including the legal practitioner’s name.
If a party to proceedings prepares an affidavit, the party must endorse on the affidavit, immediately after the jurat, a statement to that effect including the party’s name.
A party who intends to rely on an affidavit in proceedings must:
(a) file the affidavit; and
(b) serve it on each other party to the proceedings;
as soon as practicable after it is sworn and a reasonable time before the hearing at which the party intends to rely on it.
SCHEDULE 8— continued
If an affidavit does not comply with these Rules, the court, or a Registrar, may order that the affidavit must not be received in evidence.
(1) The court, or a Registrar, may order material to be struck out of an affidavit, at any stage of proceedings, if:
(a) the material is inadmissible, unnecessary, irrelevant, prolix, scandalous or argumentative; or
(b) the material sets out opinions of persons who are not properly qualified to give them.
If the court, or a Registrar, orders material to be struck out of an affidavit, the party who filed the affidavit must pay the costs (if any) caused by the material struck out, unless the court, or the Registrar, otherwise orders.
(1) A party may require a named deponent to attend for cross-examination, by written notice given to a party by whom an affidavit was filed.
If a party requires a deponent to attend for cross-examination and the deponent fails to do so, the court, or a Registrar, may:
(a) refuse to allow the deponent’s affidavit to be used; or
(b) allow the affidavit to be used only on terms directed by the court, or the Registrar; or
(c) adjourn the proceedings until the deponent attends for cross-examination.
The court, or a Registrar, may make any orders the court, or the Registrar, thinks fit regarding the attendance of, and the
SCHEDULE 8— continued
payment of the out-of-pocket expenses of, a deponent who attends for cross-examination in accordance with rule 10.
In an affidavit, dates (except the name of a month), numbers and amounts of money must be written in figures and not in words.
(1) If an affidavit is sworn by 2 or more deponents, the full name of each deponent must be set out:
(a) at the beginning of the affidavit; and
(b) subject to subrule (2), in the jurat.
If all the deponents swear the affidavit at the same time and before the same person, the jurat need only state that the affidavit was sworn by all the ‘abovenamed’ deponents.
(1) A person must not file an affidavit in relation to an application except:
(a) as provided by these Rules; or
(b) by order of a court, or a Registrar.
Except as otherwise provided in these Rules, an affidavit filed under subrule (1), or by order of a court or a Registrar, must be received in evidence only for the purpose of the application in relation to which it was filed.”.
“
(1) Subject to subrule (2), this Order applies to proceedings with respect to financial matters, including proceedings under section 79, 79A, 85A or 87 of the Act.
Unless the court, or a Registrar, otherwise orders, this Order does not apply to:
(a) applications for interim or procedural orders; or
(b) applications under Order 11 or Order 14, Division 1.
A person who:
(a) files an application instituting proceedings to which this Order applies; or
(b) is a respondent to proceedings to which this Order applies and who files a response in those proceedings;
must file with the application or response a financial statement in accordance with Form 17.
A person who is required by these Rules to file a financial statement in accordance with rule 2 must make in the financial statement a full and frank disclosure of the person’s financial circumstances including details of:
(a) any vested or contingent interest in property (including real or personal property and legal and equitable interests); and
(b) the person’s income from all sources, including any benefit received in relation to, or in connection with, the person’s employment or business interests; and
(c) the person’s other financial resources; and
SCHEDULE 9— continued
(d) any trust:
(i) of which the person is the appointor or trustee; or
(ii) of which the person, or the person’s child or spouse, or de facto spouse, is an eligible beneficiary as to capital or income; or
(iii) of which a corporation is an eligible beneficiary as to capital or income if the person, or the person’s child or spouse, is a shareholder or director of that corporation; or
(iv) over which the person has any power or control, either direct or indirect; or
(v) of which the person has the power, directly or indirectly, to remove or appoint a trustee; or
(vi) of which the person has the power (whether subject to the concurrence of another person or not) to amend the terms; or
(vii) of which the person has the power to disapprove:
(A) a proposed amendment of the terms; or
(B) the appointment or removal of a trustee; or
(viii) over which a corporation has a power referred to in subparagraphs (iv) to (vii), if the person is a director or shareholder of that corporation; and
(e) any gift or other disposition of property made by the person since the separation of the parties.
(1) Unless the court, or a Registrar, otherwise orders, a person who is required to file a financial statement in accordance with rule 2 must serve on each party who has an address for service in the proceedings the following documents:
(a) copies of the person’s 3 most recent taxation returns;
(b) copies of the person’s 3 most recent taxation assessments;
(c) if the person is a member of a superannuation fund—copies of the person’s most recent member’s account statement and the most recent financial statement of the superannuation fund;
SCHEDULE 9— continued
(d) copies of the 3 most recent financial statements and taxation returns of any relevant partnership, trust or company (except a public company).
The documents must be served not later than 14 days after the directions hearing.
(1) If a person files a financial statement in accordance with rule 2 and there is a significant change in relation to the person’s financial circumstances, the person must amend the statement, as soon as practicable:
(a) if the amendment may be clearly set out in 3 folios or less—by filing and serving an affidavit setting out the amendments; or
(b) in any other case—by filing and serving an amended financial statement.
If a person files an amended financial statement under paragraph (1) (b), the person must:
(a) re-swear or reaffirm the statement; and
(b) clearly identify the amendments.”.
“
(1) Subject to subrules (2) and (3), a party to proceedings who has filed an application, or a response, may serve on another party to the proceedings, in writing, specific questions relevant to an issue in the proceedings.
SCHEDULE 10— continued
In proceedings under Order 10, Order 33 or Order 34 (except proceedings under Order 34, rule 1), a party may serve a specific question at any time after the application is filed.
In proceedings commenced by an application in accordance with Form 7, a party may serve a specific question only if the court, or a Registrar, grants leave to do so, unless:
(a) the directions hearing (including any adjournments) has been completed; and
(b) if a conciliation conference was ordered at the directions hearing—that conciliation conference has been completed.
The court, or a Registrar, must not grant leave under subrule (3) unless there are special circumstances by reason of which the order granting leave should be made.
A party who asks a specific question under this Order must serve the specific question, in accordance with Order 18, on the party who is required to answer the specific question.
Unless the court, or a Registrar, otherwise orders, a party to proceedings may request another party to answer specific questions once only in respect of an application.
(1) Subject to rule 5, and to all proper objections, a party who is asked a specific question under this Order must:
(a) answer the specific question; or
(b) if the party objects to answering the specific question—state why the party objects; or
(c) if the party cannot answer the specific question—state why the party cannot answer;
within 21 days after the specific question is served on the party, or within a further time allowed by the court, or a Registrar, or the party who asked the specific question.
SCHEDULE 10— continued
A party who answers a specific question must verify the answer by affidavit.
(1) If a party asks a specific question under rule 1, then as soon as practicable after doing so, the party must serve a copy of the specific question on each other party to the proceedings who has an address for service.
If a party answers a specific question under rule 2 or 3, then, as soon as practicable after doing so, the party must serve copies of the answer and the affidavit verifying it on each other party to the proceedings who has an address for service.
If:
(a) a party has served another party (‘the second party’) with a request for discovery; or
(b) an order has been made for the second party to give discovery;
then, unless the court, or a Registrar, otherwise orders, the second party is not required to answer a specific question served on that party before the time specified in the request or order for discovery has expired.
(1) If a party who is asked a specific question under this Order fails to answer the specific question, the party who asked the specific question may apply to the court, or a Registrar, for an order directing the other party to answer the specific question.
If:
(a) a party applies under subrule (1); and
(b) the specific question is relevant to an issue in the proceedings;
the court, or the Registrar, may:
SCHEDULE 10— continued
(c) order the other party to answer:
(i) the specific question; or
(ii) the specific question with any changes that the court, or the Registrar, may direct; and
(d) order the other party to answer the specific question within a specified time; and
(e) make any order the court, or the Registrar, thinks fit in relation to:
(i) the other party’s right to continue the proceedings; or
(ii) continuation of the proceedings generally; and
(f) make any order as to costs that the court, or the Registrar, thinks fit.
If a party uses in proceedings:
(a) a part of an answer or reason; or
(b) one of a number of answers or reasons given by another party;
filed in those proceedings, the court, or a Registrar, may look at the whole of the answer or reason, or all the answers or reasons given by the second-mentioned party, as the case requires, and may direct the first-mentioned party to use:
(c) the whole of the answer or reason; or
(d) one or more other answers or reasons in addition to the answer or reason that the first-mentioned party uses;
as the case requires.”.
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1. Notified in the
Commonwealth of Australia Gazette on 5 December 1995.2. 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; 1995 Nos. 2, 144, 145, 146 and 319.
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