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

Legislation au C1947L00050 CourtRules Not in force Legislative Instrument

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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.

──

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.

────

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.

Overview

The Statutory Rules 1947 No. 50, also known as the Rules of Court for the Supreme Court of the Australian Capital Territory, were enacted in 1947 to provide a formal framework for the court's practice and procedure in matters related to matrimonial causes under the Matrimonial Causes Act 1945. These rules were introduced to address the need for a structured approach to handling matrimonial disputes within the Australian Capital Territory, ensuring that the proceedings followed a consistent and legally sound process. Enacted by the Commonwealth Parliament, the rules aim to provide clarity and direction for both the judiciary and the parties involved in matrimonial litigation, thereby facilitating a fair and efficient resolution of disputes. The rules outline essential procedures, including the filing of petitions, the forms and content required for such petitions, and the process for obtaining court directions. Additionally, they establish the use of notices to appear in place of citations in certain situations, and provide mechanisms for addressing defects in petition forms. Overall, these rules were designed to streamline the judicial process, ensuring that cases are managed effectively and in accordance with the legal standards set forth by the Matrimonial Causes Act 1945.

Scope and Application

The Rules of Court, Statutory Rules 1947 No. 50, govern the practice and procedure of the Supreme Court of the Australian Capital Territory in its Matrimonial Causes jurisdiction under the Matrimonial Causes Act 1945. The Rules apply to individuals filing for matrimonial causes within the jurisdiction of the Supreme Court of the Australian Capital Territory. The application of the Rules is restricted to matrimonial causes proceedings as defined by the Matrimonial Causes Act 1945. The Act and Regulations made under it, as well as these Rules, govern the practice and procedure in such cases, with any additional rules in force at the time applying where relevant. The Rules provide detailed instructions on the form and content of petitions for both Parts II and III of the Act, including specific schedules for the form of petitions and notices to appear. While the Rules allow for modifications to the form of petitions based on the facts of the case, any defect in the form of a petition will not invalidate the suit unless it cannot be rectified without injustice or prejudice to a party. Additionally, the Rules address the verification of petitions by affidavit and the service of notices to appear in lieu of citations. Parties may apply to the Court for directions on any matter of pleading or procedure, ensuring flexibility and clarity in the conduct of matrimonial causes proceedings within the specified jurisdiction.

Key Provisions

The operative sections of this statutory rules document outline the procedures and requirements for instituting a suit in the Supreme Court of the Australian Capital Territory under the Matrimonial Causes Act 1945. The rules specify that a suit is to be instituted by filing a petition in the Registry of the Supreme Court (s. 3), with specific forms and directions provided in the First and Second Schedules for petitions under Part II and Part III of the Act, respectively (ss. 4, 5). The rules also clarify that minor defects in the form of a petition do not invalidate the suit unless they cannot be rectified without injustice or prejudice (s. 6). Additionally, the rules detail the requirements for verifying a petition by affidavit (s. 7) and the use of a notice to appear instead of a citation (s. 8). Parties are also permitted to apply to the Court for directions on any matter of pleading or procedure (s. 9). These rules impose several obligations on parties initiating or responding to a matrimonial cause under the Act. The primary obligation is the filing of a properly formatted petition in the Registry of the Supreme Court (s. 3). For petitions under Part II, the petitioner must follow the form and directions provided in the First Schedule, while those under Part III must adhere to the Second Schedule (ss. 4, 5). The rules mandate the use of a notice to appear in lieu of a citation, with the form and effect detailed in the Third Schedule (s. 8). Parties must also ensure that any defects in the form of their petition can be cured by amendment without causing injustice or prejudice (s. 6). Additionally, the rules require the verification of the petition by affidavit in accordance with the Court's practice and procedure (s. 7). The statutory rules document does not explicitly mention offences, penalties, or civil/criminal consequences for breach of the rules. However, given that the rules are derived from the Matrimonial Causes Act 1945 and are intended to govern practice and procedure in the Supreme Court, it can be inferred that non-compliance with these rules could potentially lead to procedural errors, delays, or the invalidation of a suit if defects in the petition cannot be rectified. Such consequences would be addressed under the general provisions of the Act and the inherent jurisdiction of the Court to manage its own procedures.

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Area of Law
Family Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Petition Procedures

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.