Matrimonial Causes Rules (Cth)
_____________
RULES UNDER THE MATRIMONIAL CAUSES ACT 1959.*
Dated this 30th day of November, 1960.
DUNROSSIL
Governor-General.
By His Excellency’s Command,
(sgd.) G.E. BARWICK
Attorney-General.
______
MATRIMONIAL CAUSES RULES.
PART I.—PRELIMINARY.
Part I.—Preliminary (Rules 1-14).
Part II.—Reconciliation (Rule 15).
Part III.—Proceedings.
Division 1.—Commencement of Proceedings (Rules 16-18).
Division 2.—Applications to the Court or to a Registrar (Rules 19-23).
Part IV.—Applications for Leave to Institute Proceedings for Dissolution of Marriage or Judicial Separation (Rules 24-26).
Part V.—Petitions.
Division 1.—General (Rules 27-38).
Division 2.—Petitions for Dissolution of Marriage (Rules 39-44).
Division 3.—Petitions for Nullity of Marriage (Rules 45-49).
Division 4.—Petitions for Judicial Separation (Rules 50-51).
Division 5.—Petitions for Restitution of Conjugal Rights (Rules 52-53).
Division 6.—Filing Petitions and Notices of Petitions (Rules 54-59).
*Notified in the
4515/60.—PRICE 16/14.11.1960.
Part VI.—Service.
Division 1.—General Provisions relating to Service of Documents (Rules 60-65).
Division 2.—Service of Petitions and Answers (Rules 66-68).
Division 3.—Service on Infants and Persons of Unsound Mind (Rules 69-70).
Division 4—Proof of Service (Rules 71-75).
Part VII.—Pleadings.
Division 1.—Answers (Rules 76-78).
Division 2.—Replies and Rejoinders (Rules 79-82).
Division 3.—Pleadings Generally (Rules 83-87).
Division 4.—Discontinuance (Rule 88).
Part VIII.—Amendment of Pleadings, Supplementary Petitions and Supplementary Answers.
Division 1.—Amendment of Pleadings (Rules 89-97).
Division 2.—Supplementary Petitions and Supplementary Answers (Rules 98-105).
Part IX.—Parties.
Division 1.—General (Rules 106-112).
Division 2.—Infants (Rules 113-116).
Division 3.—Persons of Unsound Mind (Rules 117-121).
Division 4—Guardians
ad Litem (Rules 122-130).Part X.—Default in Pleading (Rules 131-133).
Part XI.—Preparation for Trial.
Division 1.—Preliminary (Rules 134-136).
Division 2.—Particulars, Discovery and Inspection of Documents (Rules 137-148).
Division 3.—Admissions and Notices to Produce (Rules 149-153).
Division 4.—Medical Examination of Parties (Rules 154-160).
Division 5.—Discretion Statements (Rules 161-164).
Division 6.—Compulsory Conferences (Rules 165-169).
Division 7.—Consolidation of Proceedings (Rule 170).
Division 8.—Setting Suits down for Trial (Rules 171-181).
Part XII.—Decrees (Rules 182-191).
Part XIII.—Intervention by Persons not Parties to Proceedings (Rules 192-194).
Part XIV.—Proceedings for Ancillary Relief.
Division 1.—Preliminary (Rules 195-201).
Division 2.—Maintenance pending Suit (Rules 202-210).
Division 3.—Certificates of Means (Rules 211-213).
Division 4.—Custody (Rules 214-217).
Division 5.—Proceedings for Ancillary Relief instituted by a Person not a Party to the Marriage (Rule 218).
Division 6.—Variation of Orders (Rule 219).
Part XV.—Appeals (Rules 220-223).
Part XVI.—Evidence.
Division 1.—General (Rules 224-228).
Division 2.—Affidavits (Rules 229-244).
Part XVII.—Enforcement of Decrees.
Division 1.—General (Rules 245-247).
Division 2.—Attachment and Sequestration (Rules 248-250).
Division 3.—Attachment of Earnings Orders (Rules 251-258).
Division 4.—Other Means of Enforcing Decrees (Rule 259).
Division 5.—Execution of Warrants and Writs in other States or Territories (Rules 260-264).
Division 6.—Registration of Decrees in other Supreme Courts (Rules 265-270).
Division 7.—Registration of Maintenance Orders in Courts of Summary Jurisdiction (Rules 271-275).
Part XVIII.—Proceedings Consequent on Decrees of Restitution of Conjugal Rights (Rules 276-282).
Part XIX.—Registrars and Registries.
Division 1.—Powers of Registrars (Rules 283-291).
Division 2.—Appeals from Registrars (Rule 292).
Division 3.—Registries (Rules 293-299).
Part XX.—Fees (Rules 300-304).
Part XXI.—Effect of Non-compliance with these Rules or with an Order (Rules 305-308).
Part XXII.—Proceedings for Jactitation of Marriage, Declarations, &c.
Division 1.—Application (Rule 309).
Division 2.—Petitions for Jactitation of Marriage (Rules 310-311).
Division 3.—Petitions for Declarations, &c. (Rules 312-315).
Part XXIII.—Miscellaneous (Rules 316-328).
Part XXIV.—Transitional Provisions (Rule 329).
“address for service”, in relation to a party to proceedings, means an address for service given in accordance with rule 12 of these Rules;
“application” means an application to a court for the purpose of instituting proceedings of a kind referred to in sub-rule (2.) or (3.) of rule 16 of these Rules or an application to a registrar made under these Rules;
“certificate of means” means a certificate granted by a registrar under rule 212 of these Rules;
“co-respondent” means a party to proceedings who is specified in the petition instituting the proceedings as a person with whom the respondent is alleged to have committed adultery;
“court” means the Supreme Court of a State or Territory;
“court town” means, in relation to a State or Territory, a town in that State or Territory designated as a court town for the purpose of these Rules by the judge or any judges authorized under the law of that State or Territory to make rules of court or other provision in relation to the practice and procedure of the Supreme Court of that State or Territory;
“filed” means filed in the appropriate office of a court;
“infant” means a person who has not attained the age of twenty-one years;
“intervener” means, in relation to proceedings, a person who becomes or has become a party to the proceedings by intervening under Part VII. of the Act or under rule 111, 112 or 218 of these Rules;
“party cited” means a person specified in an answer to a petition as a person with whom the petitioner is alleged to have committed adultery;
“party named” means—
(a) in relation to a petition—a person named in the petition who has intervened, under sub-section (2.) of section 45 of the Act, in proceedings instituted by the petition; and
(b) in relation to an answer to a petition—a person named in the answer who has intervened, under sub-section (2.) of section 45 of the Act, in proceedings instituted by either the answer or the petition;“petitioner” means the party who institutes or has instituted proceedings by petition;
“person named” means—
(a) in relation to a petition—a person specified in the petition as a person on or with whom the respondent is alleged to have committed rape or sodomy; and
(b) in relation to an answer to a petition—a person specified in the answer as a person on or with whom the petitioner is alleged to have committed rape or sodomy;“proceedings” means proceedings constituting a matrimonial cause;
“pleading” means a petition, supplementary petition, answer, supplementary answer, reply or rejoinder;
“respondent” means, in relation to proceedings for a decree of dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights, whether instituted by petition or by an answer to a petition, or in relation to proceedings that relate to such proceedings—the spouse of the petitioner;
“sealed” means sealed with the seal of the court;
“stamped envelope” means an envelope having impressed on it or affixed to it postage stamps that are valid in the Commonwealth for the correspondence of private individuals and the value of which is not less than the postage payable for the transmission of a letter, weighing not more than one ounce, posted in the Commonwealth to an address in the Commonwealth;
“Territory” means Territory of the Commonwealth in which the Act applies;
“the Act” means the
Matrimonial Causes Act 1959;“the definition of ‘matrimonial cause’ ” means the definition of “matrimonial cause” in sub-section (1.) of section 5 of the Act;
“the Secretary” means the Secretary to the Attorney-General’s Department.
(2.) In these Rules, references to a marriage shall be read as including references to a purported marriage and references to the spouse of a person shall be read as including references to the purported spouse of a person.
(3.) In these Rules, a reference to a court sitting in public chambers shall be read as including a reference to a court sitting in court as in chambers.
(2.) Where a registrar is required by any of these Rules to do an act of a merely ministerial nature, not being the hearing and determination of an application under these Rules to a registrar, it is sufficient if the act is done on behalf of the registrar by another officer of the court or by a clerk in the registrar’s office.
(2.) For the purpose of the last preceding sub-rule, a document filed or issued for the purpose of proceedings that are instituted by application to a court and are in relation to proceedings instituted by a petition shall be deemed to have been filed or issued in connexion with the proceedings instituted by that petition.
(3.) In the title
of a document filed in or issued out of the office of a court in connexion with
proceedings of a kind referred to in paragraph (
(4.) In any part (not being the title) of a document filed in or issued out of the office of a court in connexion with proceedings—
(
a )a party to the proceedings may be referred to by the designation by which the party is required by the preceding provisions of this rule to be designated in the title to the document; and(
b )a person, not being a party to the proceedings, who is a person named within the meaning of these Rules may be referred to by that designation.
(2.) Where proceedings have been transferred from a court to another court under section 26 of the Act, a document relating to the proceedings shall be filed in the appropriate office of the court to which the proceedings have been transferred.
(3.) Where a decree has been registered in a court under section 103 or section 105 of the Act, a document relating to the enforcement of the decree by that court shall be filed in the appropriate office of that court.
(4.) During the trial of proceedings by a court, a document relating to the proceedings may, by leave of the court, be filed in court.
(5.) During the hearing of an application by a registrar, a document relating to the application may, by leave of the registrar, be filed with the registrar.
(2.) Where the time for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day that is a public holiday or court holiday in the place at which the act is to be or may be done, or the proceeding is to be or may be taken, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday, public holiday or court holiday.
(3.) Except as otherwise provided in relation to the Supreme Court of a State or Territory of the Commonwealth by a rule made by virtue of sub-section (4.) of section 127 of the Act, time runs, in connexion with any proceedings in such a court, during any vacation of that court.
(4.) Where a period of time dating from a given day, act or event, being a less period than five days, is prescribed by or allowed under these Rules for doing an act or taking a proceeding, a Saturday or Sunday or a day that is a public holiday or court holiday in the place at which the act is to be or may be done, or the proceeding is to be or may be taken, shall not be reckoned in computing the period.
(5.) In reckoning a period of clear days in relation to the doing of an act in connexion with proceedings or the taking of a proceeding in a court, any day on which the office of the court is not open shall be excluded.
(2.) Proceedings
of a kind referred to in paragraph (
(3.) A court sitting in open court may—
(
a )adjourn proceedings of a kind referred to in sub-rule (1.) of this rule for consideration by the court sitting in public chambers; or(
b )adjourn proceedings of a kind referred to in the last preceding sub-rule for consideration by the court sitting in public or private chambers.
(4.) A court sitting in public chambers may—
(a) adjourn proceedings for hearing in open court; or
(b) adjourn proceedings of a kind referred to in sub-rule (2.) of this rule for consideration by the court sitting in private chambers.
(5.) A court sitting in private chambers may adjourn proceedings for consideration by the court sitting in public chambers or for hearing in open court.
(6.) This rule
does not authorize a court sitting either in public or private chambers to hear
proceedings that relate to proceedings for a decree of a kind referred to in
paragraph (
(
a ) the provisions of the Act relating to practice and procedure (including sub-section (6.) of section 127 of the Act) and the rules made under the Act do not make provision with respect to the practice and procedure applicable in the circumstances of a particular case; or(
b )difficulty arises or doubt exists as to the practice or procedure applicable in the circumstances of a particular case,
the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.
(2.) Subject to any order made by a court on appeal, an act done or proceeding taken in accordance with a direction in force under the last preceding sub-rule shall be deemed to have been duly done or taken.
(3.) Where a direction given by a court under sub-rule (1.) of this rule is varied by a court on appeal, any act done or proceeding taken in accordance with the direction as so varied shall be deemed to have been duly done or taken.
proceedings, the court may, in addition to determining the first-mentioned proceedings—
(
a ) permit a party to the principal proceedings, whether or not he is a party to the first-mentioned proceedings, to make application for any order, required for the purpose of preparing the principal proceedings for trial, that could be made upon the hearing of proceedings instituted for the purpose of seeking such an order;(
b ) hear and determine the application in accordance with the provisions of this rule; and(
c ) make, upon the determination of the application, the order sought by the application or such other order as to the court seems meet.
(2.) An application for an order referred to in the last preceding sub-rule—
(
a )may be made orally to a court without the filing of any affidavit in support of the application; and(
b )may be so made to a court notwithstanding the fact that proceedings seeking the order have been instituted but have not been heard and determined by a court.
(3.) Where an application for an order referred to in sub-rule (1.) of this rule is made to a court in a case where proceedings seeking that order have been instituted but not heard by a court—
(
a )any affidavit filed for the purpose of those proceedings may, by leave of the court, be admitted in evidence upon the hearing of the application; and(
b )the order made by the court upon the determination of the application shall, unless the court otherwise orders, be deemed to be the order of the court upon the determination of those proceedings.
(4.) Without limiting the generality of sub-rule (1.) of this rule, application may be made to a court under this rule for an order with respect to—
(a) service of documents and dispensing with the service of documents;
(b) discovery and inspection of documents;
(c) admissions of fact or of documents;
(d) medical inspection of the petitioner and respondent in the principal proceedings;
(e) the day, time and place for the holding of a conference for the purpose of Division 6 of Part XI. of these Rules;
(f) the place, time and mode of trial;
(g) the furnishing of evidence of facts by affidavit at the trial of the principal proceedings; and
(h) the consolidation of the principal proceedings with other proceedings.
(5.) An application under sub-rule (1.) of this rule may be heard by a court notwithstanding that any facts relied on in support of, or in opposition to, the application are not verified by affidavit or by evidence given orally upon the hearing of the application.
(6.) Nothing in the preceding sub-rules of this rule shall be taken to prevent the court—
(
a ) from requiring service of an application, or of notice of an application, under sub-rule (1.) of this rule to be effected on a party to the application; or(
b )from requiring the facts, or any of the facts, relied on in support of, or in opposition to, such an application to be verified by affidavit or by evidence given orally upon the hearing of the application.
(
a ) a person is not entitled to file a document for the purpose of proceedings unless by that document, or by a document previously filed by him, he gives or has given an address for service that is, under this rule, his address for service for the purpose of those proceedings; and
(
b )a person is not entitled to be heard upon the trial of any proceedings, or upon the hearing of an application to 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.
(2.) A person may give an address as his address for service for the purpose of any proceedings by stating that address as his address for service—
(
a )in the first document filed by him in those proceedings;(
b )in a notice of address for service, in accordance with Form 1, filed for the purpose; or(
c ) in a notice of change of address for service, in accordance with Form 2, filed for the purpose,
and, in
the case of a notice referred to in paragraph (
(3.) The address given as a person’s address for service shall be not more than five miles from the office of the court in which the document stating the address is filed, and, subject to that requirement, shall, in the case of a person who is represented by a solicitor, be the address of the solicitor for that person, or of a solicitor acting as the agent of that solicitor.
(4.) The address for service given, or last given, by a person in accordance with this rule in relation to any proceedings is his address for service for the purpose of those proceedings and also for the purpose of any other proceedings that constitute a matrimonial cause and are related to those proceedings, or to which those proceedings are related.
(2.) Where a person referred to in a Form in the First Schedule is not represented by a solicitor, a reference in the Form to the solicitor for the person shall be read as a reference to the person.
(3.) Where the
word “
(
a )if it is a document to which rule 17 of these Rules applies— be intituled in accordance with that rule; or(
b ) in any other case—bear an appropriate title.
PART II.—RECONCILIATION.
(
a ) a petition instituting proceedings for a decree of dissolution of marriage, judicial separation or restitution of conjugal rights;(
b )an answer to such a petition, or an answer to any other petition if proceedings for a decree of such a kind are instituted by the answer; 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 the court under section 43 of
the Act, proceedings for a decree of a kind referred to in paragraph (
(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 the solicitor has, by a certificate, in accordance with Form 3, under his hand and written on the document, certified that—
(
a )he has brought to the attention of that party the provisions of the Act relating to reconciliation of the parties to a marriage and the approved marriage guidance organizations reasonably available to assist in effecting a reconciliation between that party and his spouse; and(
b )he has discussed with that party the possibility of a reconciliation between that party and his spouse being effected either with or without the assistance of such an organization.
(3.) Where a
document to which this rule applies is filed in the office of the Supreme Court
of a State or Territory and, at the date when the document is filed, the party
on whose behalf it is filed is outside that State or Territory, it is
sufficient compliance with the last preceding sub-rule if the solicitor filing
the document has, by a certificate under his hand and written on the document,
certified that the party is outside that State or Territory at that date and
that he has been informed by a specified legal practitioner that that
practitioner has, whether within or outside Australia, brought to the attention
of the party the matters referred to in paragraph (
PART III.—PROCEEDINGS.
(2.) Where leave has been granted under sub-section (3.) of section 68 of the Act for the institution of proceedings of a kind to which that sub-section applies otherwise than in the relevant petition or answer, the proceedings shall be instituted by filing an application to the court.
(3.) Subject to the last two preceding sub-rules, proceedings in a matrimonial cause shall, except as otherwise provided in these Rules, be instituted by filing an application to a court having jurisdiction under the Act in the proper office of that court.
(4.) Where proceedings to which the last preceding sub-rule applies are instituted in relation to pending proceedings, the proceedings shall be instituted in the court in which those proceedings are pending.
(5.) Subject to the Act and to these Rules, where proceedings to which sub-rule (3.) of this rule applies are instituted in relation to completed proceedings, the proceedings shall be instituted in the court in which the completed proceedings were heard and determined or in a court in which the decree of that court has been registered.
(6.) Where an application relating to proceedings is, under these Rules, required or permitted to be made to a registrar of a court, the application shall be made by filing—
(
a )in the proper office of the court in which the proceedings are pending; or(
b )if the application relates to the enforcement of a decree by a court in which the decree has been registered, in the proper office of that court,
an application to a registrar of that court.
(7.) For the purposes of this rule, proceedings determined in the High Court shall be deemed to have been determined in the court from which the proceedings were taken on appeal, or removed, to the High Court.
(8.) Nothing in sub-rule (3.) of this rule shall be taken to authorize the institution of proceedings without the leave of the court in a case where such leave would be otherwise required.
(2.) Subject to these Rules, the title to a document referred to in the last preceding sub-rule shall include the full name and the designation of every party to the proceedings instituted by the petition (including any person who, upon the filing of that document, will become a party).
(3.) Where proceedings are or have been instituted under the Act for a decree of nullity of marriage on the ground that a marriage is void, the title to a document filed in, or issued out of, the office of a court in relation to the proceedings shall contain the surname, at the date of the institution of the proceedings, of the female party to the purported marriage followed by the word “otherwise” and followed then by the name that was that party’s surname immediately before the solemnization of the purported marriage.
(4.) Where a person intervenes in proceedings under sub-section (2.) of section 45 of the Act or under these Rules, the person becomes a party to the proceedings, and the title to the proceedings shall be deemed to have been amended accordingly.
(5.) Subject to Part IX. of these Rules, where, after the institution of proceedings in a matrimonial cause, a pleading is filed, or an amendment to a pleading is made, by which the petitioner or respondent is alleged to have committed adultery with a specified person, whether or not a decree is sought on the ground of the adultery, that person becomes a party to those proceedings, and the title of those proceedings shall be deemed to have been amended accordingly.
(6.) Where a party to proceedings is dismissed from the proceedings, the title to the proceedings shall be deemed to have been amended by omitting the name and designation of the party.
(2.) Where proceedings that constitute a matrimonial cause had been instituted in the Supreme Court of a State or Territory before the commencement of the Act, the distinguishing number applicable to those proceedings immediately before the commencement of the Act shall be deemed to have been allotted to those proceedings by the registrar of that Supreme Court under this rule.
(3.) Where, after the commencement of the Act, proceedings are instituted in a court in relation to concurrent, pending or completed proceedings to which a number has been allotted or is deemed to have been allotted under this rule, that number shall be deemed to have been allotted to those first-mentioned proceedings.
(4.) Where a decree made by a court is registered in another court under section 103 or section 105 of the Act, the registrar or other proper officer of that other court shall cause a distinguishing number to be allotted to the decree.
(5.) A document filed in, or issued out of, the office of a court in connexion with proceedings or in connexion with a decree in respect of which a distinguishing number has been allotted, or is deemed to have been allotted, under this rule shall have that number endorsed on the document.
(
a )an application to a court referred to in sub-rule (2.) or (3.) of rule 16 of these Rules, and an application to a registrar referred to in sub-rule (6.) of that rule shall be in accordance with Form 5; and(
b ) the affidavits intended to be used in support of the application shall be filed at the same time as the application is filed.
(2.) Subject to these Rules, an application—
(
a )shall specify the date on which it is proposed that the application will be heard by the court or registrar or, if the registrar is unable to fix that date at the time when the application is filed, shall state that the application will be so heard on a date to be fixed by a registrar;(
b )shall specify the place at which it is proposed that the application will be heard by the court or registrar;(
c ) shall specify the order that the court or registrar will, on the hearing of the application, be asked to make; and(
d )shall be signed by the solicitor representing the applicant in connexion with the application, or if the applicant is not so represented by a solicitor, by the applicant.
(3.) An application shall bear date the day on which it is filed.
(4.) Notwithstanding sub-rule (1.) of this rule, the court or registrar may permit the use, in support of an application, of an affidavit that was filed subsequently to the filing of the application.
(2.) It is not necessary for service of an application to be effected on a party to the application—
(
a )in a case where the application is of a kind that is permitted by these Rules to be madeex parte ; or(
b )in a case where service of the application on the party is dispensed with.
(3.) Subject to any provisions of these Rules that expressly require service of an application to be effected on a party to the application, it is not necessary for service of the application to be effected on a party to the application unless that party has an address for service.
(4.) Service of an application on a party shall be effected by serving a copy of the application on the party.
(5.) Unless a judge or registrar, as the case may be, otherwise directs, there shall be at least three clear days between the service of the application and the day named in the application for the hearing of the application or the day fixed by the registrar for the hearing of the application, as the case may be.
(2.) Where service of an application is effected on a party to the application, a copy of each affidavit filed in support of the application shall be served on the party at the time of the service of the application or within a reasonable time before the hearing of the application.
(2.) A party filing an affidavit in answer shall cause a copy of the affidavit in answer to be served on each other party to the application who has an address for service as soon as practicable after the affidavit in answer has been filed.
(3.) A party on whom a copy of an affidavit in answer is served may, before the hearing of the application or, by leave of the court or registrar by whom the application is heard, during the hearing of the application, file an affidavit in reply to that affidavit.
(4.) A party filing an affidavit in reply to an affidavit filed by another party to the application shall cause a copy of the affidavit in reply to be served on each other party who has an address for service as soon as possible after the affidavit in reply has been filed.
PART IV.—APPLICATIONS FOR LEAVE TO INSTITUTE PROCEEDINGS FOR DISSOLUTION OF MARRIAGE OR JUDICIAL SEPARATION.
(
a )include particulars of the exceptional hardship that would be imposed on the applicant by the refusal to grant the leave or particulars of the exceptional depravity on the part of the other party to the marriage that is alleged, as the case may be;(
b )state the ground upon which, if leave is granted, the applicant intends to petition for the decree;(
c ) state whether or not the applicant has made a previous application for leave, under section 43 of the Act, to institute proceedings for such a decree, and, if he has made a previous application, also state the date and grounds on which, and the court to which, the previous application was made and whether that application was granted;(
d )state whether or not a child of the marriage is living, and, if a child of the marriage is living, also state—(i) the name of the child;
(ii) the date of birth of the child; and
(iii) the place at which, and persons with whom, the child is residing;
(
e ) state whether an attempt has been made to effect a reconciliation between the parties to the marriage and, if such an attempt has been made, state particulars of the attempt; and(
f ) state particulars of any other circumstance that may assist the court in determining whether there is a reasonable probability of a reconciliation between the parties before the expiration of the period of three years after the date of the marriage.
PART V.—PETITIONS.
(
a ) the address and occupation of the petitioner;(
b )the address and occupation, so far as known to the petitioner, of each other party to the proceedings;(
c ) the name of the wife immediately before the marriage, or alleged marriage, as the case may be; and(
d )the address and occupation, so far as known to the petitioner, of any person, not being a party to the proceedings, specified in the petition as a person with whom or on whom the respondent is alleged to have committed adultery, rape or sodomy.
(2.) Where the address, at the date of the petition, of a party or person referred to in the last preceding sub-rule is not known to the petitioner, the petition shall state that the address is not known to the petitioner and also state the last address (if any) of the party or person known to the petitioner.
(
a ) particulars of the marriage or purported marriage to which the petition relates;(
b )particulars relating to the birth of the parties to the marriage or purported marriage;(
c ) particulars relating to the domicile or residence of the petitioner in Australia;(
d )particulars of the cohabitation of the parties to the marriage;(
e ) particulars relating to the children of the marriage who are infants;(
f ) particulars of previous proceedings between the parties to the marriage;(
g ) the facts, but not the evidence by which the facts are to be proved, relied on as constituting the ground or each ground specified in the petition, stating, if more than one ground is so specified, the facts relating to each ground, as far as practicable, separately;(
h )in the case of a petition for a decree of dissolution of marriage or judicial separation—the matters required by rule 35 of these Rules;(
i ) in the case of a petition for a decree of dissolution of marriage or of nullity of a voidable marriage—particulars concerning the arrangements referred to in rule 41 or 42 of these Rules; and(
j ) in the case of a petition instituting proceedings of a kind referred to in paragraph (c ) of the definition of “matrimonial cause”—the matters required by rule 199 of these Rules.
(
a )the place at which and date on which the marriage or purported marriage was solemnized;(
b )the nature of the ceremony by virtue of which the marriage or purported marriage was solemnized;(
c ) if that ceremony was a religious ceremony—the religious denomination according to the rites of which the marriage or purported marriage was solemnized; and(
d )the conjugal status of the petitioner and respondent, respectively, immediately before the solemnization of the marriage or purported marriage.
(2.) Where a petitioner has been previously married, his petition shall state—
(
a ) the date of the previous marriage or of each previous marriage, as the case may be;(
b )the means by which the previous marriage or each previous marriage was dissolved; and(
c ) if a previous marriage was dissolved by a court—the name of the court by which that marriage was dissolved.
(3.) Where the respondent to a petition has been previously married, the petition shall, so far as those facts are known to the petitioner, state—
(
a )the date of the previous marriage or of each previous marriage, as the case may be;(
b )the means by which the previous marriage or each previous marriage was dissolved; and(
c ) if a previous marriage was dissolved by a court—the name of the court by which that marriage was dissolved.
(2.) Where a party to the marriage was not born in Australia, particulars of the date on which the party entered Australia or, if the party has re-entered Australia after having left Australia, the date on which the party first entered Australia shall be stated in a petition in addition to the particulars referred to in the last preceding sub-rule.
(2.) The petition shall state that the petitioner is, within the meaning of the Act, domiciled or resident, as the case may be, in Australia.
(3.) The facts, but not the evidence by which the facts are to be proved, upon which the court will be asked to find that the petitioner is, within the meaning of the Act, domiciled or resident, as the case may be, in Australia shall be stated in the petition in as concise a form as the nature of the case allows.
(4.) A petition instituting proceedings in a court of a Territory shall state that—
(
a ) a specified party to the proceedings is, at the date of the institution of the proceedings, ordinarily resident in the Territory; or(
b ) a specified party to the proceedings has been resident in the Territory for a period of not less than six months immediately preceding that date,
as the case may be.
(
a ) particulars, to the best of the recollection of the petitioner, of the places at which and periods during which the parties to the marriage have cohabited; and(
b )the date on which, and circumstances in which, cohabitation between the parties ceased or last ceased, as the case may be.
(2.) Where the parties to the marriage have never cohabited at a place of residence, the petition shall include a statement to that effect.
(2.) The petition shall state whether, at the date of the petition, any children of the marriage to which the petition relates are living and, if at that date children of the marriage are living, shall state the full name and date of birth of each child of the marriage who is living and the name of the person with whom the child is living.
(3.) Where the petitioner disputes the parentage of a child born, since the solemnization of the marriage to which the petition relates, to the female party to the marriage, the petition shall also state that the parentage of the child is in dispute and the grounds on which the parentage of the child is disputed.
(4.) Where a person who is deemed, by virtue of section 6 of the Act, to be a child of the marriage to which the petition relates is living at the date of the petition, the petition shall also state the circumstances that result in the person being so deemed to be a child of the marriage.
(2.) Subject to the next succeeding sub-rule, the petition shall state particulars of—
(
a ) any proceedings that have, since the marriage to which the petition relates, been instituted in any court between the parties to the marriage; and(
b )any proceedings concerning the custody, guardianship, welfare, advancement or education of a child of that marriage that have been instituted in any court otherwise than between those parties.
(3.) Where no proceedings referred to in the last preceding sub-rule have been instituted, the petition shall include a statement to that effect.
(4.) Where the petition includes particulars of any proceedings referred to in sub-rule (2.) of this rule, being proceedings that have been heard and determined by a court—
(
a ) particulars of the decree made in the proceedings, and the date on which and court by which the decree was made, shall be stated in the petition; and(
b ) the petition shall also state whether the parties to the marriage have cohabited since the making of that decree.
(5.) Where a decree 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 decree or agreement and the total amount of the maintenance paid under the decree or agreement during the period of twelve months immediately preceding the date of the petition.
(
a ) a statement that the petitioner has not connived at that ground; and(
b ) a denial that he has condoned that ground, or a statement of all facts relevant to the question whether he has condoned that ground, including any facts relevant to the question whether that ground has been revived.
(2.) A petition instituting proceedings for a decree of dissolution of marriage or of judicial separation shall contain a statement that, in bringing the proceedings, the petitioner has not been guilty of collusion with intent to cause a perversion of justice.
(
a ) institutes, by his petition, proceedings with respect to the maintenance of the petitioner, settlements, damages in respect of adultery, the custody or guardianship of infant children of the marriage or the maintenance, welfare, advancement or education of children of the marriage; or(
b )is seeking an order as to the costs of any proceedings instituted by his petition,
the petition shall set out particulars of the order sought in the proceedings or of the order sought as to costs, as the case may be.
(2.) Where a petitioner is, by his petition, seeking an award of damages under section 44 of the Act, the petition shall specify the amount of damages sought.
(2.) Where a petition is settled by counsel, the name of the counsel shall be written on the petition.
(3.) A petition shall be signed—
(
a ) if the petitioner is represented by a solicitor—by the solicitor personally; or(
b ) if the petitioner is not represented by a solicitor—by the petitioner.
(
a ) verify the facts stated in his petition of which he has personal knowledge; and(
b )depose as to his belief in the truth of every other fact stated in his petition.
(2.) Where, for the purpose of complying with the last preceding sub-rule, it is necessary for a petitioner to verify the doing of, or the failure to do, an act within, throughout or for a period ending on the day immediately preceding the date of his petition, it is sufficient compliance with that sub-rule if the petitioner verifies the doing of, or the failure to do, the act within, throughout or for, as the case may be, a period ending on the day immediately before the swearing of his affidavit.
(3.) Where, for the purpose of complying with sub-rule (1.) of this rule, it is necessary for a petitioner to verify that a certain circumstance existed at the date of his petition, it is sufficient compliance with that sub-rule if the petitioner verifies the existence of the circumstance at the date of swearing his affidavit.
(2.) For the purpose of these Rules, a ground specified in a paragraph of section 28 of the Act specified in the first column of the following table may be stated in a pleading or affidavit in the terms set, out in the second column of that table opposite the paragraph:—
First column. Paragraph of section 28 of the Act. | Second column. Terms in which ground may be stated. |
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
Paragraph ( |
|
(
a ) the arrangements proposed by the petitioner concerning the welfare, and, where appropriate, the advancement and education, of the children who are then living; or(
b )the petitioner’s reasons for not stating in the petition the arrangements so proposed.
(2.) In the last preceding sub-rule, “children of the marriage” means—
(
a )children of the marriage who are not likely to have attained the age of sixteen years before the decree of dissolution of marriage is made; and(
b )any children of the marriage in relation to whom the petitioner seeks an order under sub-section (3.) of section 71 of the Act.
(
a )the latest date on which the petitioner has reason to believe the respondent to have been alive and the circumstances in which the petitioner has reason so to believe; and(
b )particulars of any inquiries made by the petitioner for the purpose of locating the respondent.
(2.) A petition instituting proceedings for a decree of nullity of marriage on a ground referred to in the last preceding sub-rule shall contain a statement that the petitioner was, at the time of the marriage, ignorant of the facts constituting the ground.
(
a ) the date on which the petitioner and respondent last cohabited, and the circumstances in which cohabitation between the petitioner and respondent ceased or last ceased, as the case may be; and(
b )the date on which and the manner in which the written request for cohabitation was made to the respondent in accordance with paragraph (b )of section 62 of the Act or, if no such written request was made, particulars of the special circumstances that are alleged to justify the making of the decree notwithstanding that such a request was not made,
shall be stated in the
petition in addition to any other facts that are stated in the petition in
pursuance of paragraph (
(2.) A petition for a decree of restitution of conjugal rights shall state—
(
a )that the respondent still refuses, at the date of filing the petition, to cohabit with, and render conjugal rights to, the petitioner; and(
b )that the petitioner sincerely desires conjugal rights to be rendered by the respondent and is willing to render conjugal rights to the respondent.
(
a ) dissolution of marriage;(
b ) nullity of marriage;(
c ) judicial separation; or(
d ) restitution of conjugal rights,
is filed, the petitioner shall, unless he is unable to do so, also file a marriage certificate in respect of the marriage to which the petition 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 also be filed at the same time.
(3.) A translation of a marriage certificate filed under 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 a petitioner is unable, for any reason, to comply with sub-rule (1.) of this rule, the petitioner shall state in the affidavit verifying the petition 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, means—
(
a ) an original certificate or record of the marriage; or(
b )a copy or photographic representation of an original certificate or record or of an entry of the marriage in an official register of marriages, being a true copy or representation certified as a true copy or photographic representation by a person having the custody of the certificate or record, or of the register containing the entry, of which it purports to be a true copy or photographic representation.
(2.) Where a form of notice is properly presented to the registrar of the court by or on behalf of the petitioner or respondent and a copy of the form of notice is filed, the registrar shall sign and seal the form of notice for the purposes of this rule.
(
a ) where the place of service of the notice is in Australia—twenty-eight days; or(
b ) in any other case—such reasonable time as is determined by the registrar, having regard to the place at which the notice is to be served and to the availability of air-mail services.
(2.) The registrar of the court may, upon being satisfied that it is reasonable so to do, grant an extension of the time within which the notice may be served until a date twelve months after the expiration of that period, or of that period as previously extended.
(3.) A registrar may grant an extension of the time within which a notice may be served notwithstanding that the notice has ceased to be in force and notwithstanding that the time has previously been extended.
(4.) Where a registrar grants an extension of the time within which a notice may be served, he shall write on the notice, and on the copy of the notice that was filed in pursuance of sub-rule (2.) of rule 55 of these Rules, particulars of the extension, sign his name under those particulars and seal the particulars with the seal of the court.
(5.) In this rule—
“answer” includes supplementary answer;
“petition” includes supplementary petition.
(2.) A notice of petition or notice of proceedings signed in pursuance of the last preceding sub-rule shall state the last day of the period for which it remains in force.
(2.) A concurrent notice of petition or notice of proceedings shall bear teste of the same day as the original notice of petition or notice of proceedings and shall be stamped with a stamp bearing the word “concurrent” and the date of issuing the concurrent notice.
(3.) The provisions of rules 56, 57 and 58 of these Rules apply to and in relation to concurrent notices in like manner as they apply to and in relation to original notices.
PART VI.—SERVICE.
(
a ) by delivering the document to the person personally;(
b )by serving the document on the person by post in accordance with rule 62 of these Rules;(
c ) if the person has an address for service for the purpose of the proceedings—by delivering the document at that address or by posting the document (under prepaid postage) as a letter to the person, or his solicitor, as the case may be, at that address; or(
d )by delivering the document at, or by properly addressing and posting (under prepaid postage) the document as a letter to the person at, the last address of the person known to the person on whose behalf the document is being served.
(2.) Where it is impracticable for service of a document on a person by delivering it to him personally to be effected by a person other than the party to the proceedings on whose behalf the document is being served, that party may effect service of the document on the person in that manner but, in such a case, he shall state in any affidavit of the service of the document sworn by him the circumstances that rendered it impracticable for another person to effect the service.
(3.) Where service of a document on a person by delivering it to him personally is effected by the party on whose behalf the document is being served, that party shall obtain from the person a receipt for the document signed by the person unless the person refuses to sign and give a receipt for the document, and that party shall, in any affidavit of the service of the document sworn by him, state whether the person signed or refused to sign a receipt for the document.
(
a )a form in accordance with Form 11 for acknowledging service of the document; and(
b )an envelope, being, in the case of service effected in Australia, a stamped envelope, having written on it the name of the person on whose behalf the document is being served, or the name of his solicitor, and the address for service of that person,
as a letter, to the person at the last address of the person known to the person on whose behalf the document is being served.
(2.) Subject to the next succeeding sub-rule, where a document has been posted to a person in accordance with the provisions of the last preceding sub-rule, service of the document on the person shall be deemed not to have been effected unless the person signs and returns to the person on whose behalf the document is being served or to his solicitor an acknowledgment of the service in accordance with Form 11.
(3.) Where a document instituting proceedings has been posted to a person in accordance with the provisions of sub-rule (1.) of this rule, service of the document shall be deemed to have been duly effected on the person if, after the time when the document would in the ordinary course of post have been received by the person, the person files a document giving an address for service for the purpose of the proceedings.
(4.) Where service of a document has been effected by posting the document to a person in accordance with the provisions of sub-rule (1.) of this rule, the date on which the person received the document shall be taken to be the date on which the service was effected.
(2.) Where, under a Convention referred to in the last preceding sub-rule, service of a document relating to proceedings is not to be effected in the country otherwise than in accordance with the Convention, service of such a document in the country shall not be effected otherwise than in accordance with this rule.
(3.) Where a party to proceedings who desires to effect service of a document relating to the proceedings on a person in a country referred to in sub-rule (1.) of this rule files a request for service of the document, in accordance with Form 12, and deposits with the registrar of the court in which the proceedings are pending the documents required by the next succeeding sub-rule to be deposited, the registrar shall forward the documents so deposited direct to the Secretary for transmission to that country for service.
(4.) Subject to the next succeeding sub-rule, the documents to be deposited under the last preceding sub-rule are—
(
a ) thedocument to be served;(
b )a translation of the document into the language of the country in which the service is to be effected, being a translation bearing a certificate, in that language, of the person who made the translation certifying that it is a translation of the document of which it purports to be a translation;(
c ) a copy of the document to be served and of the translation;and
(
d )such further copies (if any) of the document and translation as are required by the Convention.
(5.) Where the request indicates that the document is to be forwarded to a diplomatic or consular representative of Australia or a diplomatic or consular representative of the United Kingdom for service on a British subject, it is not necessary, unless the Convention provides otherwise, for a translation and a copy of the translation to be deposited under sub-rule (3.) of this rule.
(6.) Subject to the next succeeding sub-rule, a request referred to in sub-rule (3.) of this rule shall state whether the party on whose behalf the request is filed desires the document to be forwarded, for service, to—
(
a ) a judicial authority in the country; or(
b )a diplomatic or consular representative of Australia in the country, or, if there is no such representative in the country, a diplomatic or consular representative of the United Kingdom in the country.
(7.) A document, a translation of a document or a copy of a document shall, before being forwarded to the Secretary in accordance with sub-rule (3.) of this rule, be sealed with the seal of the court.
(8.) Where a registrar has received a certificate, transmitted through diplomatic channels, by a diplomatic or consular representative of Australia, a diplomatic or consular representative of the United Kingdom or a judicial authority in a country referred to in sub-rule (1.) of this rule certifying that a document has been served on a person on a date specified in the certificate, the certificate may be filed and, subject to the next succeeding sub-rule, is then evidence of the matters stated in the certificate.
(9.) A certificate referred to in the last preceding sub-rule is not evidence that a document has been served on a person personally unless it also certifies the means by which the person who served the document identified the person served.
(10.) In this rule—
“diplomatic or consular office” means any of the following offices—
(
a ) Ambassador;(
b ) Minister;(
c ) Head of a Mission;(
d ) Chargé d’Affaires;(
e ) Counsellor, Secretary or Attaché of an Embassy, Legation or other post;(
f ) Consul-General;(
g ) Consul;(
h ) Vice-Consul;(
i ) Pro-Consul; and(
j ) Consular Agent;“diplomatic or consular representative of Australia” means a person appointed to hold or act in a diplomatic or consular office of the Commonwealth in a country or place outside Australia;
“diplomatic or consular representative of the United Kingdom” means a person appointed to hold or act in a diplomatic or consular office of the United Kingdom in a country or place outside the United Kingdom.
(
a )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; and(
b )that there is a reasonable likelihood that the document will come to the notice of the person to be served if the document is served in some other manner or if the giving of notice of the document in some manner is substituted for service of the document,
the registrar may 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.
(2.) Where an order has been made by the court or by a registrar authorizing the giving of notice of a document by advertisement, the form of the advertisement shall be approved by a registrar.
(3.) Where an order of a kind referred to in sub-rule (1.) of this rule has been made by the court or by a registrar in relation to service of a document on a person, compliance with the order shall, notwithstanding any other provision of these Rules, be deemed to be due service of the document on the person.
(
a ) each other party to any proceedings instituted by the petition; and(
b )any person specified in the petition as a person on or with whom the respondent is alleged to have committed rape or sodomy.
(2.) Service of a petition shall be effected on a person—
(
a ) by serving on the person, in the manner referred to in paragraph(
a ) of rule 60 of these Rules—(i) a sealed copy of the petition; and
(ii) if the person served is the respondent, a notice of petition or, if the person served is not the respondent, a notice of proceedings; or
(
b ) by serving on the person, in the manner referred to in paragraph (b )of rule 60 of these Rules—(i) a sealed copy of the petition;
(ii) if the person served is the respondent, a notice of petition or, if the person served is not the respondent, a notice of proceedings;
(iii) a form, in accordance with Form 11, for acknowledging service of the petition; and
(iv) an envelope, being, in the case of service effected in Australia, a stamped envelope, having written on it the name of the petitioner or his solicitor and the address for service of the petitioner.
(
a )each other party to any proceedings instituted by the petition who has an address for service for the purpose of the proceedings; and(
b )any person specified in the answer as a person with or on whom the petitioner is alleged to have committed adultery, rape or sodomy.
(2.) Service of
an answer to a petition shall be effected on a party to proceedings referred to
in paragraph (
(3.) Service of
an answer to a petition shall be effected on a person referred to in paragraph
(
(
a )by serving on the person, in the manner referred to in paragraph (a )of rule 60 of these Rules—(i) a sealed copy of the answer; and
(ii) a notice of proceedings; or
(
b ) by serving on the person, in the manner referred to in paragraph (b )of rule 60 of these Rules—(i) a sealed copy of the answer;
(ii) a notice of proceedings;
(iii) a form, in accordance with Form 11, for acknowledging service of the answer; and
(iv) an envelope, being, in the case of service effected in Australia, a stamped envelope, having written on it the name of the respondent or his solicitor and the address for service of the respondent.
(4.) Where a
party to proceedings instituted by a petition files an address for service for
the purpose of the proceedings on or after the day on which an answer to the
petition is filed by another party to the proceedings, the party who filed the
answer shall, upon request made by the first-mentioned party, cause service of
a copy of the answer to be effected, in a manner referred to in paragraph (
(2.) Where, under these Rules, service of an answer on a person is required to be effected by serving on the person a notice of proceedings addressed to the person in addition to a sealed copy of the answer, service of the answer on the person is of no force and effect unless the notice of proceedings addressed to the person was in force, for the purposes of service, on the day on which service of the answer was effected.
(
a )serving a sealed copy of the petition and a notice of petition or notice of proceedings, as the case requires, on the infant in a manner referred to in paragraph (a )or (b ) of rule 60 of these Rules; and(
b )serving a sealed copy of the petition and a notice of proceedings, in a manner referred to in paragraph (a ) or (b )of rule 60 of these Rules, on a parent of the infant, a person with whom the infant is residing or such other person as a registrar specifies in an order made under sub-rule (3.) of this rule.
(2.) Service of a sealed copy of a petition—
(
a ) if a parent of the infant is a party—on a parent of the infant;(
b )if a parent of the infant is not a party and service can be duly effected in Australia on a parent of the infant—on a person with whom the infant is residing (not being his parent); or(
c ) if a person with whom the infant is residing is under the age of twenty-one years or is not a kinsman of the infant—on that person,
is not sufficient compliance
with paragraph (
(3.) Where a
registrar is satisfied that, for any reason, a petitioner would otherwise be
unable to comply with paragraph (
(4.) Where a
registrar is satisfied that, having regard to the age and understanding of the
infant, it is proper so to do, the registrar may, by order, dispense with
compliance with paragraph (
(5.) An
application for an order under sub-rule (3.) or (4.) of this rule may be made
(6.) The preceding sub-rules of this rule apply in relation to service of an answer on an infant who is specified in the answer as a person with or on whom the petitioner is alleged to have committed adultery, rape or sodomy as if—
(
a ) references to a petition were references to an answer;(
b )references to a petitioner were references to a party on whose behalf an answer is filed;(
c ) references to a notice of petition or notice of proceedings, as the case requires, were references to a notice of proceedings; and(
d )the reference in sub-rule (3.) to proceedings instituted by the petition was a reference to the proceedings in answer to which the answer is filed and to any other proceedings instituted by the answer.
(7.) In this rule—
“answer” includes supplementary answer;
“petition” includes supplementary petition.
(
a ) if there is a committee of the person of the person of unsound mind—on that committee;(
b ) if there is no such committee but there is a committee of the estate of the person of unsound mind—on that committee;(
c ) if there is no committee of the person, or committee of the estate, of the person of unsound mind but the Attorney-General or an authorized person has signed a consent under rule 124 of these Rules to act as the guardianad litem of the person of unsound mind—on the Attorney-General; or
3. If the parties to the marriage become reconciled before this decree becomes absolute, application should be made to the court for the rescission of this decree.
_______
FORM 36. R. 183.
DECREE OF NULLITY OF VOID MARRIAGE.
(
Before the Honourable Mr. Justice .
The day of , 19 .
This suit was heard this day (
counsel for the petitioner and Mr. being counsel for the respondent.
The court was
satisfied that at the time when the suit was instituted the petitioner was
domiciled in Australia within the meaning of the
The court therefore decreed that the marriage in fact solemnized on the
day of , 19 , at
between , the petitioner, and , the
respondent, be declared to have been absolutely null and void.
The court further ordered:—
(
Here set out any other orders made by the court at the trial. )
1.
By the court,
Registrar.
FIRST SCHEDULE—
FORM 37. R. 183.
DECREE
(
Before the Honourable Mr. Justice .
The day of , 19 .
This suit was heard this day (
counsel for the petitioner and Mr. being counsel for the respondent.
The court was
satisfied that at the time when the suit was instituted the petitioner was
domiciled in Australia within the meaning of the
The court therefore decreed that, upon and subject to the decree of the court becoming absolute, the marriage in fact solemnized on the day of , 19 , at between ,
the petitioner, and , the respondent, be annulled.
The court further ordered:—
(
Here set out any other orders made by the court at the trial, including particulars of any arrangements stated in pursuance of rule 186.)1.
By the court,
Registrar.
______
NOTES:—1. A party to the marriage who marries again before this decree has become absolute (unless the other party has died) will commit the offence of bigamy.
2. If, after this decree has been made but before it has become absolute, it comes to the notice of a party to the suit who has an address for service that a party to the marriage has died, he or she is required by rule 188 of the Matrimonial Causes Rules to make and file an affidavit stating such particulars of the date and place of death as are known to him or her.
______
FORM 38. R. 184.
DECREE OF JUDICIAL SEPARATION.
(
Before the Honourable Mr. Justice .
The day of , 19 .
This suit was heard this day (
or as the case may be ), Mr. being
counsel for the
petitioner, Mr. being
counsel for the respondent and Mr. being counsel for the co-respondent (
The court was
satisfied that at the time when the suit was instituted the petitioner was
domiciled in Australia within the meaning of the
(The court was
also satisfied that (
The court therefore decreed that , the petitioner, who was
married to , the respondent, on the
day of , 19 , at be judicially separated from the respondent.
The court further ordered:—
(
By the court,
Registrar.
FIRST SCHEDULE—
FORM 39. R. 185.
DECREE OF RESTITUTION OF CONJUGAL RIGHTS.
(
Before the Honourable Mr. Justice .
The day of , 19 .
This suit was heard this day (
counsel for the petitioner and Mr. being counsel for the respondent.
The court was
satisfied that at the time when the suit was instituted the petitioner was
domiciled in Australia within the meaning of the
The court
therefore decreed that the respondent take back (
The court further ordered:—
(
Here set out any other orders made by the court at the trial. )
1.
By the court,
Registrar.
______
FORM 40. R. 189(1.).
MEMORANDUM OF DECREE
(
1. Date of decree
*2. Date of order under section 71:
*3. Date of determination or discontinuance of appeal:
*4. Date of order under sub-section (3.) of section 72:
*5. Date on which intervention determined:
The decree
became absolute on the day of , 19 .
Dated this day of , 19 .
Registrar.
________
FORM 41. R. 189 (2.).
CERTIFICATE OF DECREE
(
I certify that
the decree
, 19 , dissolving (
or annulling) the marriage solemnized
(
between , the petitioner, and , the respondent,
became absolute on the day of , 19 .
Dated this day of , 19 .
Registrar.
FIRST SCHEDULE
FORM 42. R. 192.
NOTICE OF INTERVENTION BY ATTORNEY-GENERAL.
(
To the abovenamed Supreme Court.
Take notice that , the Attorney-General of the Commonwealth,
(or , a person authorized by delegation of the Attorney-General
of the Commonwealth dated the day of ,
19 ,) intervenes in these proceedings
under section 76 (
Dated this day of , 19 .
Crown Solicitor for the Commonwealth
(
This notice is filed by on behalf of the Attorney-General
of the
Commonwealth (
It is intended to effect service of copies of this notice on the petitioner and on .
________
FORM 43. R. 194.
NOTICE OF INTERVENTION.
(
To the abovenamed Supreme Court.
Take notice that of intervenes
in these proceedings in pursuance of leave granted by the court on the
day of , 19 .
Dated this day of , 19
Solicitor for the intervener.
It is intended to effect service of copies of this notice on the petitioner and on
________
FORM 44. R. 201 (2.).
APPLICATION FOR ANCILLARY RELIEF.
(
In pursuance of leave granted by the court on the day of
, 19 , application is made to the court on behalf of
the for
(
It is proposed that the proceedings instituted by this application be heard and determined by the court, so far as is practicable, at the same time as the proceedings to instituted by the .
Dated this day of , 19 .
Solicitor for the .
This application is filed by on behalf of the above-
named whose address for service is
It is intended to effect service of this application on
FIRST SCHEDULE—
FORM 45. R. 201 (4.).
APPLICATION FOR MAINTENANCE PENDING SUIT.
(
In pursuance of leave granted by the court on the | day of | |||
, 19 | , application is made to the court on behalf | |||
of the |
| |||
Dated this | day of | , | 19 . | |
Solicitor for the
This application is filed by on behalf of the above-
named whose address for service is
It is intended to effect service of this application on
________
FORM 46. Rr. 202 (4.) and 214 (1.).
REQUEST TO SET PROCEEDINGS DOWN FOR HEARING.
(
To the Registrar. | |||
Set down for hearing the proceedings for an order for | pending | ||
suit instituted by the
petition ( | ) in this suit. | ||
Dated this | day of | , 19 . | |
Solicitor for the | . | ||
________
FORM 47. Rr. 202 (5.) and 214 (2.).
NOTICE OF HEARING.
(
Take notice that the proceedings for an order for pending suit
instituted by the petition (
at on the day of , 19 ,
at o’clock in the noon, or so soon thereafter as the course of business
will permit.
Dated this day of , 19 .
Solicitor for the .
FIRST SCHEDULE—
FORM 48. R. 204 (2.) and (3.).
REQUEST TO ASSESS MAINTENANCE PENDING SUIT.
(
To the Registrar.
The petitioner (
That petition was served personally on the respondent on the
day of , 19 , as appears by the affidavit of
sworn the day
of ,
19 (
Dated this day of , 19 .
Solicitor for the
________
FORM 49. R. 204 (8.).
ASSESSMENT OF MAINTENANCE PENDING SUIT.
(
In pursuance of rule 204 of the Matrimonial Causes Rules—
(a) I specify £ as the proper rate per week of maintenance pending suit for (and £ as the proper rate per week of maintenance pending suit for );
(
b ) I specify the day of , 19 , as the commencing date for that maintenance; and(
c ) I specify £ (and £ ) as the proper rate (or rates) per week for the making of payments in respect of arrears of maintenance for (, and , respectively,) for the period commencing on that date and ending on the date of this assessment, less any amount paid as such maintenance before the date of this assessment for that period.
2. Payments of maintenance in accordance with this
assessment should be made to (
Dated this day of , 19
Registrar.
________
NOTES:—1.
A party may, not later than seven days after the service of a copy of this
assessment on him, file a request, in accordance with Form 50, requesting the
registrar to refer to the court the proceedings of the petitioner (
2. Unless the respondent (
FIRST SCHEDULE—
FORM 50. Rr. 206 and 207.
REQUEST TO REFER MAINTENANCE PROCEEDINGS TO THE COURT.
(
In pursuance of
rule 206 (
requests the registrar to refer to the court the proceedings for an order for the maintenance pending suit of
.
Dated this day of , 19 .
Solicitor for the .
________
FORM 51. R. 208.
NOTICE OF HEARING OF MAINTENANCE PROCEEDINGS REFERRED TO THE COURT.
(
Take notice that, in pursuance of a request made by the under rule 206 (
day of , 19 , at the hour of o’clock in the noon, or so soon thereafter as the course of business will permit.
Dated this day of , 19 .
Solicitor for the .
To
________
FORM 52. R. 211.
APPLICATION FOR CERTIFICATE OF MEANS.
(
Application is made to a registrar of the court on behalf of the
for a certificate of means (by reason of a registrar being unable to make an assessment until the certificate has been issued).
This application has been set down for hearing by the registrar at the Supreme Court,
, (
Dated this day of , 19 .
Solicitor for the .
It is intended to effect service of this application on .
FIRST SCHEDULE—
FORM 53. R. 212.
CERTIFICATE OF MEANS.
(
The application dated the day of ,
19 , of the petitioner (
I certify that the pecuniary resources of the petitioner and respondent are as follows:—
I also certify that the capabilities of the petitioner and respondent to earn income are as follows:—
Dated this | day of | , 19 . |
Registrar. |
________
FORM 54. R. 234
AFFIDAVIT.
(
I, (
1.
Sworn by the deponent on the | ||
day of | ,19 , | ( |
at | , | |
| ||
( | ||
| ||
| ||
________
FORM 55. R. 253.
ATTACHMENT OF EARNINGS ORDER.
(
Whereas of , aged years,
who is employed by at as a
(works No. ) is liable to make payments of a
week (
Supreme Court of on the day of , 19 :
And whereas this court is satisfied that the said
is a person to whom earnings
are payable or are likely to become payable by the said and
that, at the time when application was made for this order, there was due under
the maintenance order and unpaid an amount equal to not less than four weekly
payments (
FIRST SCHEDULE—
Form 55—
This court therefore orders:—
1. That the said (
2. That, for the purpose
of calculating those payments, the normal deduction rate shall be a week (
Dated this day of , 19 .
By the court,
Registrar (
or Clerkor as the case may be ).
To of and to
of
_______
NOTE:—Paragraphs
10 and 11 of the Third Schedule to the
“10. An attachment of earnings order does not come into force until the expiration of seven days after the day on which a copy of the order is served on the person to whom the order is directed.
“11. An employer to whom an attachment of earnings order is directed, being an attachment of earnings order that is in force, shall, in respect of each pay-day, if the net earnings of the defendant exceed the sum of—
(
a ) the protected earnings of the defendant; and(
b )so much of any amount by which the net earnings that became payable on any previous pay-day were less than the protected earnings for the purposes of that pay-day as has not been made good on any other previous pay-day,
pay, so far as that excess permits, to the officer specified for the purpose in the order—
(
c ) the normal deduction; and(
d )so much of the normal deduction for the purposes of any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.”.
_______
FORM 56. R. 255.
NOTICE OF ATTACHMENT OF EARNINGS ORDER HAVING CEASED TO HAVE EFFECT.
(
Take notice that the attachment of earnings order made by the abovenamed court
on the day of , 19 , whereby
was ordered to make payments out of earnings payable to the ,
ceased to have effect on the day of , 19 , by
reason of the fact that
Dated this day of , 19 .
For the Registrar (
Clerk of the Supreme Court (
_____
NOTE:—You
are not required to make any further deductions under the attachment of
earnings order but paragraph 20 of the Third Schedule to the
“20. Where an attachment of earnings order ceases to have effect or is discharged, the person to whom the attachment of earnings order is directed does not incur any liability in consequence of his treating the order as still in force at any time before the expiration of seven days after the date on which the notice required by the last preceding paragraph, or a copy of the discharging order, as the case may be, is served on him”.
FIRST SCHEDULE—
FORM 57. R. 256.
NOTICE BY EMPLOYER THAT PERSON NOT IN HIS EMPLOY.
(
Whereas, by an attachment of earnings order made by the abovenamed court on the day of , 19 , I was directed to make payments to out of the earnings of :
I hereby give
notice, under paragraph 24 of the Third Schedule to the
Dated this day of , 19 .
Employer.
To the Registrar of the Supreme Court of (
_______
FORM 58. R. 262.
NOTATION TO BE WRITTEN ON CERTAIN WARRANTS AND WRITS.
On the day of , 19 , a copy of this
warrant (
By virtue of that
rule, this warrant (
Dated this day of , 19 .
For the Registrar of the Supreme Court
of
Clerk of the Supreme Court.
_______
FORM 59. R. 266.
CERTIFICATE OF DECREE OR ORDER.
(
Nature of proceedings:
Date of decree or order made in those proceedings:
Name and address of party to whom payment is to be made or in whose favour decree or order was made:
Name, address and occupation of party ordered to pay money or to do or not to do any act:
Abstract of decree or order: (Here set out particulars of the effect of the decree including amount (if any) ordered to be paid, the date on or from which it is payable and particulars of any act ordered to be done or not to be done.)
I certify that
this certificate correctly states particulars of a decree (
Dated this day of , 19 .
For the Registrar,
Clerk of the Supreme Court.
FIRST SCHEDULE—
FORM 60. R. 283.
REGISTRAR’S SUMMONS.
(
To (
In pursuance of the power conferred by rule 283 of the Matrimonial Causes Rules,
I, , a registrar of the Supreme Court of
summon you to attend at on the
day of , 19 , at the hour of o’clock in
the noon to give
evidence in connexion with (
Dated this day of , 19 .
For the Registrar,
Clerk of the Supreme Court.
__________
NOTE:—Rule 285 of the Matrimonial Causes Rules authorizes a judge to issue a warrant for the apprehension of a person who, having been served with a summons and paid or tendered reasonable expenses, fails to attend as required by the summons.
_______
FORM 61. R. 288.
REPORT OF REGISTRAR WHERE WITNESS FAILS TO ANSWER QUESTION SATISFACTORILY.
(
On the day
of , 19 , at the hearing of an application by the for
an order the following question was put by me (
2. The witness refused to answer the question.
or
2. The witness answered the question as follows:—
3. I thereupon named the day of , 19 ,
at o’clock
in the noon, at as the time and place at which the refusal to answer (
Dated this day of , 19 .
Registrar.
_______
FORM 62. R. 292 (1.).
REQUEST FOR REVIEW OF REGISTRAR’S DECISION.
(
To the abovenamed Supreme Court.
In pursuance of
rule 292 of the Matrimonial Causes Rules, the petitioner (
Dated this day of , 19 .
Solicitor for the .
FIRST SCHEDULE—
FORM 63. R. 292 (2.).
NOTICE OF HEARING OF REVIEW OF REGISTRAR’S DECISION.
(
Take notice that
the petitioner (
Dated this day of , 19 .
Solicitor for the .
_______
FORM 64. R. 310.
PETITION FOR JACTITATION OF MARRIAGE.
(
To the abovenamed Supreme Court.
The petitioner, whose address is and whose
occupation is , petitions the court for a decree of
jactitation of marriage against the respondent, whose address is
and whose occupation is .
DOMICILE OR RESIDENCE.
1. The petitioner
is, within the meaning of the Act, domiciled (
FACTS.
2. The petitioner is not married to the respondent.
3. (
4. The said boastings and assertions are false and the petitioner has not acquiesced in those boastings and assertions.
OTHER MATTERS.
(
5.
ADDITIONAL ORDERS.
The petitioner seeks the following additional orders:—
This petition was settled by (
Dated this day of , 19 .
Solicitor for the petitioner.
This petition is filed by on behalf of the petitioner whose
address for service is .
FIRST SCHEDULE—
FORM 65. R. 313.
PETITION FOR DECLARATION, &c.
(
To the abovenamed Supreme Court.
The petitioner, whose address is
and whose
occupation is ,
petitions the court for a
declaration (
and whose occupation is .
FACTS.
1. The facts on which the court will be asked to make
that declaration (
OTHER MATTERS.
(
2.
ADDITIONAL ORDERS.
The petitioner seeks the following additional orders:—
This petition
was settled by ( | ||
Dated this |
|
|
Solicitor for the petitioner. | ||
This petition is filed by |
| |
of the petitioner whose address for service is | . | |
_______
FORM 66. R. 325.
NOTICE OF INTENTION TO GIVE NOTICE TO COURT THAT SOLICITOR HAS CEASED TO REPRESENT PARTY.
(
Take notice that, as I have ceased to act for you in these proceedings, I intend, after the expiration of seven days from service of this notice on you, to file a notice of my having ceased to represent you in these proceedings.
Under the Matrimonial Causes Rules, you may give notice, in accordance with those Rules, that you are represented by a solicitor or that you intend to act in person. However, if you do not give such a notice, you will be deemed not to have an address for service for the purpose of these proceedings and will not be entitled to have pleadings or other documents served on you.
Dated this day of , 19 .
Solicitor.
FIRST SCHEDULE—
FORM 67. R. 325.
NOTICE THAT SOLICITOR HAS CEASED TO REPRESENT PARTY.
(
To the Registrar.
Take notice that I am no longer representing the
in these proceedings.
A notice, a copy of which is annexed to this notice and marked “A”, was served
on the on the
day of , 19 , by (
The last address of the known to me
is .
Dated this day of , 19 .
Solicitor.
__________
SECOND SCHEDULE. R. 300.
COURT FEES.
Item. | Matter. | Court fee. | ||
£ | ||||
1 |
| 3 | 0 | 0 |
2 |
| 6 | 0 | 0 |
3 |
| 1 | 0 | 0 |
4 |
| 1 | 0 | 0 |
5 |
| 1 | 0 | 0 |
6 |
| 5 | 0 | 0 |
7 |
| 3 | 0 | 0 |
8 |
| 3 | 0 | 0 |
9 |
| 2 | 0 | 0 |
10 |
| 1 | 0 | 0 |
11 |
| 1 | 0 | 0 |
12 |
| 5 | 0 | 0 |
13 |
| 7 | 10 | 0 |
14 |
| 1 | 0 | 0 |
15 |
| 1 | 0 | 0 |
16 |
| 2 | 0 | 0 |
17 |
| 2 | 0 | 0 |
18 |
| 1 | 0 | 0 |
19 |
| 2 | 0 | 0 |
20 |
| 2 | 0 | 0 |
21 |
| 2 | 0 | 0 |
22 |
| 2 | 0 | 0 |
23 |
| 2 | 0 | 0 |
24 |
| 1 | 0 | 0 |
25 |
| 1 | 0 | 0 |
26 |
| 1 | 0 | 0 |
27 |
| |||
| 2 | 6 | ||
| ||||
| 10 | 0 | ||
| 1 | 4 | ||
28 |
| 1 | 0 | 0 |
29 |
| 3 | 0 | 0 |
________________
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra
0
0
0