Rules of the Supreme Court of the Australian Capital Territory (Matrimonial Causes) (Cth)

STATUTORY RULES.

1947. No. 50.

 

RULES OF COURT.*

 

In the Supreme Court of the Australian

Capital Territory.

 

Monday the seventeenth day of March, 1947.

PURSUANT to the powers vested in me by section fifteen of the Matrimonial Causes Act 1945 I do order as follows:—

1. These Rules shall come into operation on the First day of May, 1947. The words “the Act” in these Rules mean the Matrimonial Causes Act 1945.

2. Subject to the Act and to Regulations made under section fourteen of the Act and to these Rules the law including the rules for the time being in force governing the practice and procedure of the Supreme Court of the Australian Capital Territory in its Matrimonial Causes jurisdiction shall apply to matrimonial causes under the Act.

3. A suit shall be instituted by filing a petition in the Registry of the Supreme Court.

4. A petition under Part II. of the Act shall be in accordance with the form and directions contained in the First Schedule hereto with such modifications of, alterations in, or additions to the form as the nature or facts of the case may require.

5. A petition under Part III. of the Act shall be in accordance with the form and directions contained in the Second Schedule hereto with such modifications of, alterations in, or additions to the form as the nature or facts of the case may require.

6. No defect in the form of a petition shall invalidate the suit unless the defect cannot, without injustice or prejudice to a party, be cured by amendment.

7. The practice and procedure of the Court relating to the verification by affidavit of a petition shall apply to proceedings under the Act.

8. In proceedings under the Act the petitioner shall in lieu of a citation have endorsed on each certified copy of the petition addressed to a party intended to be served therewith a notice to appear in the form or the effect of the form contained in the Third Schedule.

In all other respects the practice and procedure of the Court relating to a citation shall apply to a notice to appear.

9. A party may apply to the Court for directions as to any matter of pleading or procedure.

(L.S.) W. B. SIMPSON, Judge.

 

* Notified in the Commonwealth Gazette on , 1947.

2121.—Price 3d. 6/31.3.1947.

 

FIRST SCHEDULE.

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PETITION

In the Supreme Court of the Australian Capital Territory, Matrimonial Causes  Jurisdiction.   No.  of 19 .

 

In the matter of the Matrimonial Causes Act 1945, Part II.

between

A.B. of [place of residence]

and

C.B. [formerly C.D.] his wife

and

E.F., Co-respondent.

The

day of 19 .

To the Honourable Mr. Justice , the Judge of the Supreme Court of the Australian Capital Territory.

The petition of A.B. of

Showeth—

1. This petition is presented under Part II. of the Matrimonial Causes Act 1945.

2. Your petitioner then a [bachelor or spinster] was on the day of  19 , lawfully married to C.B. then (C.D.) a [spinster or bachelor] at  in the State of  according to the rites of the  Church.

3. At the time of the marriage the husband was not domiciled in Australia and he is not now domiciled in Australia or in any Territory of the Commonwealth.

4. Immediately before the marriage your petitioner’s wife was domiciled in the State of .

5. Your petitioner is resident within the Australian Capital Territory.

6. Your petitioner and his wife have not at any time since the marriage resided together in any country outside Australia in which the husband was domiciled at the time of residence.

7. The [last or only] matrimonial home of the parties was in the State of  , or

The [last or only] matrimonial home of the parties was not in any State or Territory of the Commonwealth, or

The parties did not at any time have a matrimonial home.

8. Your Petitioner and his said wife have had issue of the said marriage children, to wit [here set out the names and ages of children].

9. [State the matrimonial offence, and if more than one, each matrimonial offence in a separate paragraph.]

Your petitioner therefore humbly prays—

1. That Your Honour will be pleased to decree that (e.g. the marriage of your petitioner with his wife be dissolved).

2. And that your petitioner may have such further and other relief in the premises as to Your Honour may seem meet.

(Petitioner’s signature).

The above relief is claimed under section of the  Act of the State of entituled

This petition is filed by Messrs X. and Y. of Canberra, Solicitors for A.B. of  aforesaid, the abovenamed petitioner.

 

THE SECOND SCHEDULE.

──

PETITION

In the Supreme Court of the Australian Capital Territory, Matrimonial Causes  Jurisdiction.   No.  of 19 .

In the matter of the Matrimonial Causes Act 1945, Part. III.

between

A.B. of [place of residence]

and

C.B. [formerly C.D.] his wife

and

E.F., Co-respondent

The

day of 19 .

To the Honourable Mr. Justice  , the Judge of the Supreme Court of the Australian Capital Territory.

The petition of A.B. of

Showeth—

1. This Petition is presented under Part III. of the Matrimonial Causes Act 1945.

2. Your petitioner was on the  day of  in the year 19  lawfully married to C.B., then C.D. [spinster] at  in the State of  according to the rites of the  Church.

3. The Petitioner is domiciled in the State of  and is now and has been for not less than one year immediately prior to the institution of these proceedings resident in the Australian Capital Territory.

4. [State whether there have been any previous or are any pending matrimonial proceedings between the parties. Give particulars of such proceedings.]

5. Your petitioner and his said wife have had issue of the said marriage  children, to wit [names and ages of children].

6. [State the matrimonial offence, and if more than one, each matrimonial offence in a separate paragraph.]

Your petitioner therefore humbly prays—

1. That Your Honour will be pleased to decree that the marriage of your Petitioner with his wife may be dissolved.

2. That your Petitioner may have such further and other relief in the premises as to Your Honour may seem meet.

(Petitioner’s signature).

The above relief is claimed under section of the Act of the State of entituled

This petition is filed by Messrs. X. and Y. of Canberra, Solicitors for A.B. of aforesaid, the abovenamed petitioner.

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THIRD SCHEDULE.

FORM OF NOTICE TO APPEAR

In the Supreme Court of the Australian Capital Territory, exercising Federal Jurisdiction in Matrimonial Causes. No.  of 19 .

 

To—

Take notice that you are required within  days of the service of this petition upon you including the day of such service if you intend to defend this suit, to cause an appearance to be entered either in person or by

 

your solicitor, in the prescribed form at the Registry of this Court, Civic Centre, Canberra, and thereafter make answer to this petition. And take notice that in default of your so doing the Court will proceed to hear the suit in your absence and pronounce judgment therein.

Dated at , the day of 19 .

(Sgd.)

Registrar.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.