Matrimonial Causes Rules (Amendment) (Cth)

MATRIMONIAL CAUSES ACT.

 

MATRIMONIAL CAUSES RULES.

 

Statutory Rules 1965, No. 29.(a)

Commencement.

1. These Rules shall come into operation on the first day of May, 1965.

Parts.

2. Rule 3 of the Matrimonial Causes Rules is amended by omitting the words and figures—

“Division 4.—Proof of Service (Rules 71-75).”

and inserting in their stead the words and figures—

“Division 4.—Proof of Service (Rules 71-75a).”.

Interpretation.

3. Rule 4 of the Matrimonial Causes Rules is amended by omitting sub-rule (3.).

Exercise of powers and functions of registrar.

4. Rule 5 of the Matrimonial Causes Rules is amended by omitting from sub-rule (2.) the words “or by a clerk in the registrar’s office” and inserting in their stead the words “or by a clerk in the office of the registrar or of such an officer”.

5. Rule 9 of the Matrimonial Causes Rules is repealed and the following rule inserted in its stead:—

Chambers.

“9.—(1.) Proceedings of a kind referred to in paragraph (c), (d) or (e) of the definition of ‘matrimonial cause’ may be heard by a court sitting in chambers.

“(2.) A court sitting in open court may adjourn proceedings of a kind referred to in the last preceding sub-rule for consideration by the court sitting in chambers.

“(3.) A court sitting in chambers may adjourn proceedings of a kind referred to in sub-rule (1.) of this rule for consideration by the court sitting in open court.

“(4.) This rule does not authorize a court sitting in chambers to hear proceedings that relate to proceedings for a decree of a kind referred to in paragraph (a)of the definition of ‘matrimonial cause’ where it is practicable for the court to hear those proceedings at the same time as the proceedings for such a decree.”.

Address for service.

6. Rule 12 of the Matrimonial Causes Rules is amended—

(a) by omitting paragraph (b)of sub-rule (1.) and inserting in its stead the following paragraph:—

“(b)a person is not entitled to be heard upon the trial or hearing of any proceedings, or upon the hearing of an application to a court or a registrar in relation to any proceedings, unless he has previously given an address for service that is, under this rule, his address for service for the purpose of those proceedings;”; and

 

(a) Made under the Matrimonial Causes Act 1959 on 9 March, 1965; notified in the Commonwealth Gazette on 9 March, 1965.

 

(b)by omitting sub-rule (2.) and inserting in its stead the following sub-rule:—

“(2.) A person who does not have an address for service for the purpose of proceedings may give such an address by stating it as his address for service—

(a) if the first document filed by him in those proceedings is a petition, answer or application—in that document; or

(b)in any other case—in a notice of address for service, in accordance with Form 1, filed for the purpose,

and, in the case of a notice referred to in paragraph (b)of this sub-rule, serving a copy of the notice on each other party to the proceedings who has an address for service for the purpose of the proceedings.

“(2a.) A person who has an address for service for the purpose of proceedings may change that address by filing a notice of change of address for service, in accordance with Form 2, and serving a copy of the notice on each other party to the proceedings who has an address for service for the purpose of the proceedings.”.

Compliance with forms.

7. Rule 14 of the Matrimonial Causes Rules is amended by adding at the end thereof the following sub-rule:—

“(4.) A Form in the First Schedule shall be completed in accordance with such directions as are specified in the Form.”.

Petitioners and certain applicants and respondents to be informed of facilities available to assist reconciliation.

8. Rule 15 of the Matrimonial Causes Rules is amended by omitting sub-rules (1.) and (2.) and inserting in their stead the following sub-rules:—

“(1.) In this rule, ‘a document to which this rule applies’ means—

(a) a petition or answer instituting proceedings for a decree of dissolution of marriage on a ground other than a ground specified in paragraph (l) or (n) of section 28 of the Act;

(b)a petition or answer instituting proceedings for a decree of judicial separation on a ground other than the ground specified in paragraph (l) of section 28 of the Act; or

(c) an application for leave under section 43 of the Act to institute proceedings for a decree of dissolution of marriage or judicial separation,

but does not include a petition instituting, by leave of a court under section 43 of the Act, proceedings for a decree of dissolution of marriage or judicial separation, a supplementary petition or a supplementary answer.

“(2.) Where a document to which this rule applies is filed on behalf of a party who is represented by a solicitor, the document is not effective for the purposes of proceedings under the Act unless a certificate, in accordance with Form 3 and signed by the solicitor personally, is written on the document.”.

 

Affidavit in answer and in reply.

9. Rule 23 of the Matrimonial Causes Rules is amended by omitting from sub-rule (4.) the word “possible” and inserting in its stead the word “practicable”.

10. After rule 25 of the Matrimonial Causes Rules the following rule is inserted:—

Marriage certificate to be filed with application.

“25a.—(1.) At the time when an application under section 43 of the Act for leave to institute proceedings is filed, the applicant shall, unless he is unable to do so, also file a marriage certificate in respect of the marriage to which the application relates.

“(2.) If the marriage certificate filed in accordance with the last preceding sub-rule is not written in the English language, a translation, in the English language, of the marriage certificate shall be filed at the same time.

“(3.) A translation of a marriage certificate filed in accordance with the last preceding sub-rule shall be verified as a translation by the person who made the translation by an affidavit in which he also states that he is competent to make a translation of the marriage certificate.

“(4.) Where an applicant is unable, for any reason, to comply with sub-rule (1.) of this rule, the applicant shall state in the affidavit filed in support of the application the circumstances by reason of which he is unable so to comply.

“(5.) In this rule ‘marriage certificate’, in relation to a marriage, whether solemnized in Australia or elsewhere, has the same meaning as in rule 54 of these Rules.”.

Contents of petition.

11. Rule 28 of the Matrimonial Causes Rules is amended by omitting paragraph (e)and inserting in its stead the following paragraph:—

“(e) the particulars relating to the children of the parties to the marriage and the children of either party to the marriage required by rule 33 of these Rules;”.

Particulars relating to marriage.

12. Rule 29 of the Matrimonial Causes Rules is amended—

(a) by inserting in paragraph (c) of sub-rule (2.), after the word “which”, the words “, and the date on which,”; and

(b) by inserting in paragraph (c) of sub-rule (3.), after the word “which”, the words “, and the date on which,”.

Particulars of children.

13. Rule 33 of the Matrimonial Causes Rules is amended by omitting sub-rules (1.) and (2.) and inserting in their stead the following sub-rules:—

“(1.) This rule applies to—

(a) any child of the marriage living at the date of the petition who has not attained the age of twenty-one years;

(b)any child of the marriage who has attained the age of twenty-one years and in respect of whom an order is sought under section 71, 84 or 86 of the Act;

 

(c) any child of the parties to the marriage who has been adopted by another person or other persons or has been placed by the parties in the care of a person or persons with a view to the adoption of the child by that person or those persons or by another person or other persons; and

(d) any child of a party to the marriage who—

(i) has, at any time since the marriage, ordinarily been a member of the household of the husband and wife; and

• (ii) has been

   adopted by another person or other persons or has been placed by that party in the care of a person or persons with a view to the adoption of the child by that person or those persons or by another person or other persons.

“(2.) The particulars relating to any child to whom this rule applies that are to be stated in a petition are—

(a) in the case of a child referred to in paragraph (a) or (b)of the last preceding sub-rule—the full name and date of birth of the child and the name of the person with whom the child is residing; or

(b) in the case of a child referred to in paragraph (c) or (d) of that sub-rule—

(i) the full name (if any) under which the parties, or either of them, registered the birth of the child;

(ii) the date of birth of the child; and

(iii) the date on or about which consent to the adoption of the child was given or the child was placed in the care of another person or persons with a view to his adoption.

“(2a.) If there are no children to whom this rule applies the petition shall include a statement to that effect.”.

Particulars of previous proceedings.

14. Rule 34 of the Matrimonial Causes Rules is amended—

(a) by inserting in paragraph (a)of sub-rule (2.), after the word “instituted”, the words “, whether in Australia or elsewhere,”;

(b) by omitting paragraph (b)and inserting in its stead the following paragraph:—

“(b)any proceedings concerning the maintenance, custody, guardianship, welfare, advancement or education of a child of that marriage that have been instituted, whether in Australia or elsewhere, otherwise than between those parties.”;

(c) by omitting from sub-rule (4.) the word “decree” (wherever occurring) and inserting in its stead the word “order” ; and

 

(d)by omitting sub-rule (5.) and inserting in its stead the following sub-rule:—

“(5.) Where an order of a court, or an agreement, making provision for the payment of maintenance in respect of a party to a marriage or a child of a marriage is in force, a petition relating to the marriage shall state the amount of maintenance payable under the order or agreement.”.

Marriage certificate to be filed with petition.

15. Rule 54 of the Matrimonial Causes Rules is amended—

(a) by omitting from sub-rule (1.) the word “At” and inserting in its stead the words “Subject to the next succeeding sub-rule, at”;

(b) by inserting after sub-rule (1.) the following sub-rule:—

“(1a.) This rule does not apply in relation to a petition instituting proceedings in pursuance of leave granted under section 43 of the Act.”; and

(c) by omitting from sub-rule (2.) the words “the last preceding sub-rule” and inserting in their stead the words “sub-rule (1.) of this rule”.

Service in Convention countries.

16. Rule 64 of the Matrimonial Causes Rules is amended—

(a) by omitting sub-rules (5.) and (6.);

(b) by omitting from sub-rule (8.) the words “a diplomatic or consular representative of Australia, a diplomatic or consular representative of the United Kingdom or”; and

(c) by omitting sub-rules (9.) and (10.) and inserting in their stead the following sub-rule:—

“(9.) Where service of a document is required to be effected on a person in the manner referred to in paragraph (a) of rule 60 of these Rules, the due service of the document shall be deemed not to have been proved by a certificate referred to in the last preceding sub-rule unless—

(a)it also certifies the means by which the person who served the document identified the person served; or

(b) other evidence, whether by affidavit or otherwise, is furnished showing that the document came to the notice of the person on whom it was to be served.”.

Substituted service.

17. Rule 65 of the Matrimonial Causes Rules is amended by omitting sub-rule (1.) and inserting in its stead the following sub-rule:—

“(1.) Where a registrar, upon application made ex parte by a party to proceedings for an order under this rule, is satisfied that it is not reasonably practicable for the party to effect service of a document in a manner specified in any of paragraphs (a) to (d), inclusive, of rule 60 of these Rules that is applicable, the registrar may, in his discretion, order that service of the document be effected in a manner specified in the order or that the giving of notice of the document and of its effect by advertisement or otherwise, as specified in the order, be substituted for service of the document.”.

 

Service of petition, &c., on person of unsound mind.

18. Rule 70 of the Matrimonial Causes Rules is amended by inserting in paragraph (c) of sub-rule (1.), after the words “on the Attorney-General”, the words “ or the authorized person, as the case may be”.

19. After Rule 75 of the Matrimonial Causes Rules the following rule is inserted in Part VI.:—

Presumption of due service and date of service where notice of address for service filed.

“75a. Where a respondent or a person specified in a pleading as a person with or on whom a petitioner or respondent has committed adultery, rape or sodomy has given an address for service for the purpose of the proceedings, the petition or pleading shall be deemed to have been duly served on the respondent or that person without further proof of the service and, unless an affidavit, or certificate under sub-rule (8.) of rule 64 of these Rules, of the due service of the petition or pleading was filed before the document giving the address for service was filed, the petition or pleading shall, for all purposes, be deemed to have been so served on the day on which the document giving the address for service was filed.”.

Answer seeking dissolution, &c, of marriage.

20. Rule 77 of the Matrimonial Causes Rules is amended by adding at the end thereof the following sub-rule:—

“(9.) An answer to which this rule applies shall be in accordance with Form 15a.”.

Amendments that may be made.

21. Rule 89 of the Matrimonial Causes Rules is amended by inserting after sub-rule (2.) the following sub-rule:—

“(2a.) The last preceding sub-rule does not apply to an amendment to a petition that has not been served on a party to the proceedings or on a person named in the petition.”.

22. Rule 136 of the Matrimonial Causes Rules is repealed and the following rule inserted in its stead:—

Time when pleadings in a defended suit complete.

“136.—(1.) Subject to this rule, in a defended suit, the pleadings are complete for the purposes of this Part when the pleadings between the petitioner and respondent are complete.

“(2.) Where, in a defended suit, a person has been specified in a pleading as a person with or on whom the petitioner or the respondent is alleged to have committed adultery, rape or sodomy, the pleadings are not complete for the purposes of this Part unless the pleadings between the petitioner and the respondent are complete and the pleadings between the petitioner or the respondent (as the case may be) and the person so specified are complete.

“(3.) Where a petitioner in a defended suit has filed a supplementary petition, the pleadings are not complete for the purposes of this Part unless the pleadings in relation to the petition are complete and, in addition, the pleadings in relation to the supplementary petition are complete.

“(4.) For the purposes of this rule, the pleadings between two parties to a suit are complete—

(a) if a pleading filed on behalf of one of those parties in reply to a pleading filed on behalf of the other party does not contain any allegations of fact;

 

(b)if the time limited for the filing, on behalf of one of those parties, of a pleading in reply to a pleading filed on behalf of the other party has expired and the pleading in reply has not been filed; or

(c) if a court has, under sub-section (2.) of section 121 of the Act, dispensed with service of a pleading, being the petition or answer in the proceedings, on one of those parties.

“(5.) For the purposes of the last preceding sub-rule, a person on whom a petitioner or respondent is alleged to have committed rape or sodomy but who has not intervened in the suit shall be deemed to be a party to the suit.”.

Consolidation of proceedings.

23. Rule 170 of the Matrimonial Causes Rules is amended—

(a) by inserting in sub-rule (1.), after the words “The court”, the words “or a registrar”; and

(b) by omitting from sub-rule (3.) the words “A court” and inserting in their stead the words “The court or registrar”.

Setting undefended sult down for trial.

24. Rule 171 of the Matrimonial Causes Rules is amended—

(a) by omitting sub-rules (1.) and (2.) and inserting in their stead the following sub-rules:—

“(1.) Subject to rules 108 and 160 of these Rules and to this rule, the registrar of the court in which an undefended suit is pending may, upon the petitioner filing a request and a certificate that the suit is ready for trial, set the suit down for trial.

“(2.) A request and certificate referred to in the last preceding sub-rule shall be in accordance with Form 31, shall state the court town at which the petitioner desires the suit to be tried and shall be signed by the solicitor for the petitioner or, if the petitioner is not represented by a solicitor, by the petitioner.”;

(b) by inserting in paragraph (a) of sub-rule (3.), after the word “affidavit”, the words “or by a certificate filed in accordance with sub-rule (8.) of rule 64 of these Rules”;

(c) by omitting paragraphs (e) and (f) of sub-rule (3.) and inserting in their stead the following word and paragraph:—

“ and (e) in a case where the petitioner is seeking an order with respect to the maintenance of himself or a child of the marriage (not being an order for maintenance pending the disposal of the suit) or an order relating to the settlement of property—

(i) the registrar is satisfied that it would not be unreasonable for the petitioner to proceed to the trial of the suit without obtaining a certificate of means; or

 

(ii) the petitioner has, in pursuance of a direction of the registrar, made application for, and been granted, a certificate of means.”;

(d) by omitting paragraphs (a) and (b)  of sub-rule (4.) and inserting in their stead the following paragraphs:—

“(a) on a respondent, if service of the petition on the respondent has been dispensed with under subsection (2.) of section 121 of the Act or the respondent has an address for service for the purpose of the proceedings; or

(b) on any other person, if—

(i) the person is dead;

(ii) service of the petition on the person has been dispensed with under sub-section (2.) of section 121 of the Act; or

(iii) the person has an address for service for the purposes of the proceedings.”;

(e) by omitting from sub-rule (6.) the words “paragraph (e) of sub-rule (3.)” and inserting in their stead the words “sub-rule (1.)”; and

(f) by inserting after sub-rule (6.) the following sub-rule:—

“(6a.) Where an undefended suit includes proceedings in which there is a claim with respect to—

(a) the maintenance of the petitioner or of a child of the marriage (not being a claim for maintenance pending the disposal of proceedings); or

(b) the settlement of property,

the Registrar shall consider the facts alleged in the petition with respect to the claim and any reasons for obtaining a certificate of means stated in the request and, if he is satisfied that it would be unreasonable for the petitioner to proceed to the trial of the suit without obtaining a certificate of means, shall direct the petitioner, in writing, to make application for a certificate of means.”.

Setting defended suit down for trial.

25. Rule 173 of the Matrimonial Causes Rules is amended—

(a)by omitting sub-rules (1.) and (2.) and inserting in their stead the following sub-rules:—

“(1.) Subject to rules 108, 160 and 166 of these Rules and to this rule, the registrar of the court in which a defended suit is pending may, upon a party who has filed a pleading filing a request and a certificate that the suit is ready for trial, set the suit down for trial.

“(2.) A request and certificate referred to in the last preceding sub-rule—

(a) shall be in accordance with Form 32;

(b) shall state the court town at which the party desires the suit to be tried;

(c) shall state an estimate of the length of the trial; and

 

(d)shall be signed by the solicitor for the party or, if the party is not represented by a solicitor, by the party.”;

(b) by adding at the end of paragraph (c) of sub-rule (3.) the word “ and ”

(c) by omitting from paragraph (d) of sub-rule (3.) the word “ an” (last occurring);

(d) by omitting paragraph (c) of sub-rule (3.);

(e) by omitting from sub-rule (4.) the words “paragraph (c) of the last preceding sub-rule” and inserting in their stead the words “ sub-rule (1.) of this rule”;

(f) by omitting sub-rule (6.) and inserting in its stead the following sub-rules:—

“(6.) A suit that includes defended proceedings in which there is a claim with respect to the maintenance of a party to the suit or of a child of the marriage (not being a claim for maintenance pending the disposal of the suit) or the settlement of property shall not be set down for trial upon request made by a party to the suit, being the petitioner or the respondent, unless—

(a) application has been made for a certificate of means;

(b) the request to set the suit down for trial states that the parties to the marriage have agreed, whether or not subject to conditions—

(i) with respect to the payment of maintenance, the payment of an amount in place of maintenance or the settlement of property; or

(ii) on a statement of their means,

and the terms of that agreement are set out in that request or in another document referred to in that request and filed in the proceedings; or

(c) the registrar is satisfied, for a reason stated in the request (not being the reason that the parties have so agreed) that it is unnecessary for a certificate of means to be obtained.

“(6a.) Where the parties to a marriage have agreed to the payment of maintenance in accordance with terms and conditions set out in an order of a court or in an agreement in writing entered into between the parties, it is sufficient compliance with paragraph (b)of the last preceding sub-rule if the request states that the parties have so agreed and refers to the order or agreement, as the case may be.”;

(g) by omitting from sub-rule (7.) the words “certificate or affidavit filed in pursuance of paragraph (e) of sub-rule (3.)” and inserting in their stead the words “ request and certificate filed in pursuance of sub-rule (1.)”; and

(h)by omitting from sub-rule (8.) the words “certificate or affidavit” (wherever occurring) and inserting in their stead the words “ request and certificate”.

 

Order approving arrangements for welfare of children.

26. Rule 186 of the Matrimonial Causes Rules is repealed.

Application for certificate of means.

27. Rule 211 of the Matrimonial Causes Rules is amended—

(a) by omitting sub-rule (3.) and inserting in its stead the following sub-rule:—

“(3.) Except by leave of the court or a registrar, an application referred to in the last preceding sub-rule shall not be made—

(a)after the date on which the proceedings for principal relief have been set down for trial;

(b)if a certificate of means has already been issued in relation to the proceedings for ancillary relief; or

(c) in the case of proceedings for ancillary relief (not being proceedings for maintenance pending the disposal of other proceedings) included in a suit to which Division 6 of Part XI. of these Rules applies—before a conference for the purpose of that Division has been held.”; and

(b) by inserting after sub-rule (4.) the following sub-rule:—

“(4a.) Unless the court or the registrar otherwise directs, it is not necessary for an applicant for a certificate of means to serve the application on the other party to the marriage unless that party has an address for service for the purpose of the proceedings.”

Application for custody. &c., of a child by a person other than a parent of the child.

28. Rule 218 of the Matrimonial Causes Rules is amended by omitting from sub-rule (4.) the words “ the last preceding sub-rule” and inserting in their stead the words “ sub-rule (2.) of this rule”.

29. After rule 225 of the Matrimonial Causes Rules the following rule is inserted:—

Circumstances in which proof of service of petition or answer unnecessary.

“225a. Nothing in these Rules requires proof, at the trial of proceedings—

(a) of the service of a petition on a person who has filed an answer to the petition or a notice of address for service; or

(b) of the service of an answer on a person who has filed a reply to the answer or, since the answer was filed, has filed a notice of address for service.”.

Other means of enforcing decrees.

30. Rule 259 of the Matrimonial Causes Rules is amended by omitting from sub-rule (2.) the words “of the Commonwealth”.

Seal.

31. Rule 293 of the Matrimonial Causes Rules is amended by omitting from sub-rule (4.) the word “sub-rule (1.)” and inserting in its stead the word “ sub-rule (2.)”.

 

Form 3.

32. Form 3 in the First Schedule to the Matrimonial Causes Rules is repealed and the following form inserted in its stead:—

Form 3. Rule 15.

CERTIFICATE RELATING TO RECONCILIATION.

I, (full name of solicitor)certify that I am the solicitor representing the petitioner (or as the case may be) and that I have (or my partner has or the clerk in my office having charge of these proceedings has) brought to the attention of the petitioner (or respondent) the provisions of the Matrimonial Causes Act 1959 relating to reconciliation of the parties to a marriage and the approved marriage guidance organizations reasonably available to assist in effecting a reconciliation between the petitioner and the respondent and have (or has) discussed with the petitioner (or respondent) the possibility of a reconciliation between the petitioner and the respondent being effected either with or without the assistance of such an organization.

Dated this day of , 19 .

Solicitor for the

Forms 6 and 7.

33. Forms 6 and 7 in the First Schedule to the Matrimonial Causes Rules are repealed and the following forms inserted in their stead:—

Form 6. Rr. 39, 45 and 50.

PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE, NULLITY OF MARRIAGE OR JUDICIAL SEPARATION.

(Title.)

To the abovenamed Supreme Court.

The petitioner, whose address is  and whose occupation

is  , petitions the court for a decree of  

against the respondent, whose address is   and whose occupation

is , on the ground of

Marriage.

1. The petitioner, then a (conjugal condition), was lawfully married to (or went

through a ceremony of marriage with) the respondent, then a (conjugal condition),

at  on the day of  ,

19 , according to the rites of the Church.

2. The surname of the immediately before the marriage (or purported marriage) was

3. (Here insert any particulars required by sub-rule (2.) or (3.) of rule 29.)

Birth of Petitioner and Respondent.

4. The petitioner was born at on the day of  , 19 , and the respondent was born at on the

day of , 19 .

5. (Here insert any particulars required by sub-rule (2.) of rule 30.)

Domicile or Residence.

6. The petitioner is, within the meaning of the Act, domiciled (or resident) in Australia. The facts on which the court will be asked to find that the petitioner is so domiciled (or resident) are as follows:—

Cohabitation.

7. Particulars of the places at which and periods during which the petitioner and the respondent have cohabited arc as follows:—

or

7. The petitioner and respondent have never cohabited.

 

8. The date on which and circumstances in which cohabitation between the petitioner and respondent ceased (or last ceased) are as follows:—

(Leave out if the petitioner and respondent have never cohabited.)

Children.

9. There are no children to whom rule 33 applies.

or

9. Particulars relating to the children to whom rule 33 applies are as follows:—

Previous Proceedings.

10. Since the marriage (or ceremony of marriage) there have not been any previous proceedings in a court between the petitioner and the respondent.

or

10. The following are particulars of previous proceedings between the petitioner and the respondent since the marriage (or ceremony of marriage):—

11. Since the marriage (or ceremony of marriage) there have not been any proceedings, instituted otherwise than between the parties to the marriage, concerning the maintenance, custody, guardianship, welfare, advancement or education of a child of the marriage.

or

11. The following are particulars of proceedings that have been instituted since the marriage (or ceremony of marriage), otherwise than between the parties to the marriage, concerning the maintenance, custody, guardianship, welfare, advancement or education of a child of the marriage:—

Facts.

12. The facts relied on by the petitioner as constituting the ground (or each ground) specified above are as follows:—

Condonation, Connivance and Collusion.

(Leave out in the case of a petition for nullity of marriage.)

13. The petitioner has not condoned or connived at the ground (or any of the grounds) specified above, and is not guilty of collusion in presenting this petition.

or

13. The petitioner has not connived at the ground (or any of the grounds) specified above, and is not guilty of collusion in presenting this petition; the following facts are furnished in relation to condonation:—

Proposed Arrangements for Children.

(Leave out if rule 41 does not apply.)

14. (Here state the matters required by rule 41.)

Maintenance and Settlement of Property.

(Leave out if no order for maintenance or settlement of property is sought.)

15. (Here set out the particulars required by rule 199.)

Exercise of Court’s Discretion.

(Leave out if rule 40a does not apply.)

16. The Court will be asked to make a decree notwithstanding the facts and circumstances set out in the discretion statement filed herewith.

Other Matters.

(In the succeeding paragraphs set out any additional matters, including any matters required or permitted to be stated by virtue of rules 42, 48 or 199.)

17.

 

Orders Sought.

The petitioner seeks the following orders:—

(a) A decree of on the ground of

(In the following sub-paragraphs set out each other order sought.)

(b)

This petition was settled by (name of counsel).

Solicitor for the petitioner.

Filed on the day of , 19 ,

by on behalf of the petitioner, whose address for

service is

Form 7. R. 52

PETITION FOR DECREE OF RESTITUTION OF CONJUGAL RIGHTS.

(Title.)

To the abovenamed Supreme Court.

The petitioner, whose address is and whose occupation

is , petitions the court for a decree of restitution of conjugal

rights against the respondent, whose address is and whose occupation

is .

Marriage.

1. The petitioner, then a (conjugal condition),was lawfully married to the respondent, then a (conjugal condition), at  on the day of , 19 , according to the rites of the Church.

2. The surname of the immediately before the marriage

was

3. (Here insert any particulars required by sub-rule (2.) or (3.) of rule 29.)

Birth of Petitioner and Respondent.

4. The petitioner was born at on the

day of , 19 , and the respondent was born at

on the day of  , 19 .

5. (Here insert any particulars required by sub-rule (2.) of rule 30.)

Domicile or Residence.

6. The petitioner is, within the meaning of the Act, domiciled (orresident) in Australia. The facts on which the court will be asked to find that the petitioner is so domiciled (orresident) are as follows:—

Cohabitation.

7. Particulars of the places at which and periods during which the petitioner and the respondent have cohabited are as follows:—

or

7. The petitioner and respondent have never cohabited.

8. The date on which and circumstances in which cohabitation between the petitioner and respondent ceased (or last ceased) are as follows:—

(Leave out if the petitioner and respondent have never cohabited.)

Children.

9. There are no children to whom rule 33 applies.

or

9. Particulars relating to the children to whom rule 33 applies are as follows:—

 

Previous Proceedings.

10. Since the marriage there have not been any previous proceedings in a court between the petitioner and the respondent.

or

10. The following are particulars of previous proceedings between the petitioner and the respondent since the marriage:—

11. Since the marriage there have not been any proceedings, instituted otherwise than between the parties to the marriage, concerning the maintenance, custody, guardianship, welfare, advancement or education of a child of the marriage.

or

11. The following are particulars of proceedings that have been instituted since the marriage, otherwise than between the parties to the marriage, concerning the maintenance, custody, guardianship, welfare, advancement or education of a child of the marriage:—

Facts.

12. The respondent still refuses to cohabit with, and render conjugal rights to, the petitioner who sincerely desires conjugal rights to be rendered by the respondent and is willing to render conjugal rights to the respondent.

13. (Here set out the particulars required by paragraph (b) of sub-rule (1.) of rule 53.)

Other Matters.

(If proceedings for ancillary relief within the meaning of Part XIV. of the Matrimonial Causes Rules are instituted by the petition, set out in the succeeding paragraphs any further matters stated in relation to those proceedings.)

14.

Orders Sought.

The petitioner seeks the following orders:—

(a) A decree of restitution of conjugal rights.

(In the following sub-paragraphs set out each other order sought.)

(b)

This petition was settled by (name of counsel).

Solicitor for the petitioner.

Filed on the day of , 19 .

By on behalf of the petitioner, whose address for

service is

Form 12.

34. Form 12 in the First Schedule to the Matrimonial Causes Rules is amended by omitting the words “ by the judicial authority in that country (or as the case may be)” and inserting in their stead the words “ in accordance with the Convention with that country relating to Legal Proceedings in Civil and Commercial Matters “.

Form 15a.

35. After Form 15 in the First Schedule to the Matrimonial Causes Rules the following form is inserted:—

Form 15a.

ANSWER AND CROSS-PETITION.

R.77.

(Title.)

The respondent, in answer to the petition in these proceedings, says:—

1. (Here set out any denial, statement, allegation or admission permitted bv rule 76(1.).)

2. The respondent therefore asks the court to dismiss the petition of the petitioner

3. The respondent petitions the court for a decree of against the petitioner on the ground of

 

Domicile or Residence.

4. The respondent is, within the meaning of the Act, domiciled (or resident) in Australia. The facts, other than those stated in the petition, on which the court will be asked to find that the respondent is so domiciled (or resident) are as follows:— (Leave out last sentence if respondent does not rely on any facts other than those

stated in the petition.)

Facts.

5. The facts relied on by the respondent as constituting the ground (or each ground) specified above are as follows:—

Condonation, Connivance and Collusion.

(Leave out if decree of nullity is sought.)

6. The respondent has not condoned or connived at the ground (or any of the grounds) specified above and is not guilty of collusion in presenting this answer.

or

6. The respondent has not connived at the ground (or any of the grounds) specified above and is not guilty of collusion in presenting this answer; the following facts are furnished relating to condonation:—

Proposed Arrangements for Children.

(Leave out if rule 41 does not apply.)

7. (Here state the matters required by rule 41.)

Maintenance and Settlement of Property.

(Leave out if no order for maintenance or settlement of property is sought.)

8. (Here set out the particulars required by rule 199.)

Exercise of the Court’s Discretion.

(Leave out if rule 40a does not apply.)

9. The court will be asked to make a decree notwithstanding the facts and circumstances set out in the discretion statement filed herewith.

Other Matters.

10. (Here set out any additional matters required to be stated by virtue of sub-rules (6.), (7.) or (8.) of rule 77.)

Orders Sought.

11. The respondent seeks the following orders:—

(a) An order dismissing the petition;

(b) a decree of on the ground of ;

(In the following sub-paragraphs set out each other order sought.)

(c)

This answer and cross-petition was settled by (name of counsel).

Solicitor for the respondent.

Filed on the day of , 19 ,

By on behalf of the respondent whose address for

service is

The First Schedule-Forms 31 and 32.

36. Forms 31 and 32 in the First Schedule to the Matrimonial Causes Rules are omitted and the following forms inserted in their stead:—

Form 31.

R. 171.

REQUEST TO SET UNDEFENDED SUIT DOWN FOR TRIAL.

(Title.)

I , the solicitor for the petitioner (or as the case may be), certify that this suit is ready for trial and request that it be set down for trial at

 

2. In addition to the proceedings comprising this suit, the following proceedings are pending in this court between the petitioner and the respondent:—

or

2.No proceedings, other than proceedings comprising this suit, are pending in this court between the petitioner and the respondent.

*Leave out if no proceedings for permanent maintenance or the settlement of property.

*3. A certificate of means has been issued in relation to proceedings for maintenance pending the disposal of this suit.

or

*3. In my opinion, a certificate of means is unnecessary.

or

*3. In my opinion, it is desirable that a certificate of means be issued for the following reasons:—

Dated this day of , 19 .

Solicitor for the

Form 32.

R. 173.

REQUEST TO SET DEFENDED SUIT DOWN FOR TRIAL.

(Title.)

I. , the solicitor for the petitioner (or as the case may be), certify that this suit is ready for trial and request that this suit be set down for trial at

2. At the trial of the suit it is proposed to call, as witnesses, the petitioner (or as the case may be) and (number of witnesses)other witnesses who reside, respectively, at (names of towns).

3. In addition to the proceedings comprising this suit, the following proceedings are pending in this court between the petitioner and the respondent:—

or

3. No proceedings, other than proceedings comprising this suit, are pending in this court between the petitioner and the respondent.

4. The probable length of the trial is

*Leave out if no proceedings for permanent maintenance or the settlement of property.

*5. A certificate of means has been issued applied for.

or

*5. The petitioner and respondent have agreed (here set out the matters required by paragraph (b) of sub-rule (6.) of rule 173).

or

*5. In my opinion, it is unnecessary for a certificate of means to be obtained, for the following reasons:—

6. (Here set out the matters (if any) required by sub-rules (7.) and (8.) of rule 173.)

Dated this day of , 19 .

Solicitor for the

It is intended to serve a copy of this request on

37. Form 34 in the First Schedule to the Matrimonial Causes Rules is amended—

(a) by omitting from paragraph 2 (first occurring) the words “ No proceedings” and inserting in their stead the words “ The documents filed in this suit disclose that no proceedings”;

(b)by omitting from paragraph 2 (second occurring) the words “ In addition” and inserting in their stead the words “ The documents filed in this suit disclose that, in addition “; and

 

(c) by omitting paragraph 4 and inserting in its stead the following paragraphs:—

“ 4. A certificate of means has been issued.

or

“4. I am satisfied that it is unnecessary for a certificate of means to be obtained.

or

“4. This suit does not comprise any proceedings with respect to permanent maintenance or the settlement of property.

“5. I certify that I have duly complied with the provisions of paragraphs (a) and (b)of sub-rule (5.) of rule 178 of those Rules in relation to this suit.”.

Form 35.

38. Form 35 in the First Schedule to the Matrimonial Causes Rules is amended by omitting the words “ including particulars of any arrangements stated in pursuance of rule 186” and inserting in their stead the words “including any order made under section 71 of the Act”.

Form 37.

39. Form 37 in the First Schedule to the Matrimonial Causes Rules is amended by omitting the words “ including particulars of any arrangements stated in pursuance of rule 186” and inserting in their stead the words “including any order made under section 71 of the Act”.

Form 48.

40. Form 48 in the First Schedule to the Matrimonial Causes Rules is amended by inserting after the figures “ 204” the words “ of maintenance for (full name of person) “.

Form 49.

41. Form 49 in the First Schedule to the Matrimonial Causes Rules is amended—

(a) by adding at the end of paragraph (c) the words “ (or as

the case may be) “;

and

(b) by omitting the word “seven” and inserting in its stead the word “ ten “.

Application.

42.—(1.) The amendments of the Matrimonial Causes Rules effected by rules 4, 5, 7, 9, 17. 18, 21, 23, 28 and 29 of these Rules apply after the first day of May, 1965, to and in relation to proceedings instituted before, on or after that date.

(2.) The amendments of the Matrimonial Causes Rules effected by rules 24, 25 and 36 of these Rules apply to and in relation to a request to set a suit down for trial that is filed on or after the first day of May, 1965.

(3.) Except as provided by the preceding sub-rules of this rule—

(a)the amendments of the Matrimonial Causes Rules effected by these Rules do not apply to—

(i) a petition, answer or application for ancilary relief filed before the first day of May, 1965: or

(ii) any proceedings instituted by such a petition, answer or application; and

(b)the Matrimonial Causes Rules