15. Court or registrar may relieve from consequences of non-compliance
16. Stay of proceedings
Part II— Conciliation
17. Nomination of person to assist reconciliation
18. Notice seeking counselling
19. Advice as to effect of proceedings
20. Oath or affirmation of marriage counsellor
Part III—The Family Court of Australia
21. Application of regulations, &c.
22. Seals
23. Oaths and affirmations
24. Record of proceedings
25. Exhibits
26. Decrees to be recorded
27. Sittings, vacations and holidays
28. Service on Sundays, &c.
29. Publication of judgments
Part IV—Institution of Proceedings
30. Institution of proceedings
31. How proceedings intituled
32. Proceedings to be numbered
33. Application for dissolution of marriage
34. Application for annulment of marriage
35. Application for declaration under section 113
36. Applications other than for principal relief
37. Service of applications
38. Date of hearing
39. Child subject to child welfare order
40. Marriage certificate to be filed with application
41. Time for answer to application for a divorce or nullity
Part V—Ex Parte Orders
42. Ex parte orders
Table of Provisions—continued
Part VI—Service
Regulation
43. Address for service
44. Manner of service
Section 1 - Family Law Regulations - Family Law Regulations | Zoe
45. Personal service
46. Acknowledged service by post
47. When service effected if posted to address for service, &c.
48. Service in Convention countries
49. Dispensing with service
50. Service of applications for dissolution and nullity
51. Service of other applications
52. Proof of personal service of document
53. Proof of service of document by post
54. Proof of service of document by posting or delivery to an address
55. Service of pleadings
Part VII—Further Pleadings
56. Answer
57. Answer under protest
58. Affidavit in answer
59. When allegations in pleading deemed to be admitted
60. Withdrawal of pleading
61. Amendments of pleadings
62. Failure to file answer within due time
Part VIII—Affidavits
63. Affidavits
64. Document to be produced if extract set out in affidavit
65. Before whom affidavit may be sworn
66. Affidavit made by two or more deponents
Part IX—Young Persons and Persons of Unsound Mind
67. Parties under 18 years of age
68. Service of applications on persons of unsound mind
69. When service on person of unsound mind deemed not to have been effected
70. Institution or continuance of proceedings by a person of unsound mind
71. Intervention by person of unsound mind
72. Application of Regulations to persons of unsound mind
73. Attorney-General may appoint guardian ad litem of person of unsound mind
74. Appointment of person or corporation as guardian ad litem of person of unsound mind
75. Removal of guardian ad litem
76. Notice of appointment of guardian ad litem
77. Default in pleading by person of unsound mind
Part X— Interventions
78. Intervention by Attorney-General
79. Intervention by other persons
80. Directions where intervention
Part XI— Ancillary Procedures
81. On hearing of proceeding further applications may be made
82. Particulars
83. Discovery
84. Affidavit of discovery
85. Mutual and informal discovery and inspection
86. Discovery of particular document
87. Failure to discover documents
88. Inspection of documents
89. Copies of certain books
90. Privilege
91. Direction to answer specific questions
92. Production of documents from persons other than parties
93. Particulars as to employment
94. Admissions and notices to admit
95. Notice to produce documents, &c.
96. Conferences between parties
97. In financial matters, applicant to file statement of financial circumstances
Table of Provisions—continued
Part XI—continued
Regulation
98. Statement by respondent
99. Financial enquiry on behalf of the court
100. Consolidation of proceedings
101. Change of venue
102. Transfer of proceedings to the Family Court
103. Transmission of court papers
Part XII—Hearing and Evidence
104. Right of appearance
105. Right to be present
106. Hearing of undefended applications for divorce
107. Hearing of applications for nullity or defended divorce
108. Hearing of other applications
109 .Consent orders
110. Addresses
111. Court may call evidence
112. Separate representation of children
113. Summons to appear and produce documents
114. Duty of witness to attend and remain in attendance
115. Expenses for witnesses
116. Children at court
117. Reports of welfare officers
118. Orders for examination of witnesses and letters of request
119. Powers of registrar in hearing applications
Part XIII—Appeals
120. Appeals to Full Court of the Family Court
121. Appeal papers and fixing of hearing
122. Appeals from courts of summary jurisdiction
123. Review of decision of registrar
Part XIV—Decrees
124. Decree of dissolution of marriage
125. Decree of nullity
126. Death of party after decree nisi but before decree absolute
127. Decree absolute
128. Certificate of decree or order
129. Registration of decrees
130. Rescission where parties reconciled
131. Rescission of decree nisi on grounds of miscarriage of justice
Part XV—Enforcement
132. Enforcement of maintenance, fines and penalties
133. Oral examination
134. Garnishment
135. Seizure of property
136. Sequestration of estate
137. Procedure on contempt charges
138. Certificate as to payments under maintenance order
139. Interstate enforcement of affiliation and similar orders
Part XVI—Overseas Order
140. Registration of overseas custody orders
141. Transmission of Australian custody orders to overseas country
142. Reciprocating countries
143. Countries with restricted reciprocity
144. Registration of overseas maintenance orders
145. Transmission of orders made in Australia for enforcement in reciprocating countries
146. Confirmation of overseas maintenance orders
147. Power to make provisional order against person in reciprocating country
148. Proceedings for enforcement of overseas maintenance order
149. Cancellation of registration in reciprocating country
150. Cancellation of registration of overseas maintenance order
Table of Provisions—continued
Part XVI—continued
Regulation
151. Party in Australia may apply to vary, &c., overseas maintenance order
152. Discharge, &c., of overseas maintenance order made in absence of party
153. Certain orders to be provisional only
154. Confirmation of variations made provisionally in overseas country
155. Registration of overseas maintenance agreements
156. Transmission of maintenance agreements to prescribed overseas country
Part XVII—Registrars andRegistries
157. Exercise of powers and functions of registrar
158. Seal
159. Records, registers and indexes
160. Central registry of decrees
161. Records of court
162. Searches
163. Record of proceedings transferred
164. Copies of orders to be served on authorities
Part XVIII—Miscellaneous
165. Change of solicitor
166. Legal practitioner not to act for adverse parties
167. Consumer price index and social security benefits
168. Registration of custody orders
169. Registration of maintenance agreements
170. Prescribed overseas country
171. Conversion of currency
172. Documents not in English language
Part XIX—Costs
173. Order for costs by court
174. Solicitor and client costs
175. Order for payment of costs
Schedule
Forms
Statutory Rules
1975 No. 210
REGULATIONS UNDER THE FAMILY LAW ACT 1975.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Family Law Act 1975.
Dated this twenty-seventh day of November, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IVOR J. GREENWOOD
Attorney-General.
_________
FAMILY LAW REGULATION
Part I—Preliminary
Citation.
These Regulations may be cited as the Family Law Regulations.
Commencement.
These Regulations shall come into operation on 5 January 1976.
Savings.
Subject to section 9 of the Act and regulation 5, the Matrimonial Causes Rules and the rules, regulations, practice and procedure of any court having jurisdiction under the repealed Act as in force immediately before the coming into force of these Regulations continue to apply to proceedings instituted before 5 January 1976, and the filing and serving of pleadings including affidavits may be continued as if the repealed Act had continued in force.
Interpretation
4.(1) In these Regulations, unless the contrary intention appears—
“ Act ” means the Family Law Act 1975;
“ address for service ” means, in relation to a party to proceedings, an address for service given in accordance with regulation 43;
“ answer ” means an answer filed by a respondent or an intervener, and includes a cross-application;
* Notified in the Australian Government Gazette on 28 November 1975.
“ applicant ” means a person who institutes or has instituted proceedings under the Act or is an applicant in pending proceedings under the repealed Act;
“ application ” means an application to a court for the purpose of instituting proceedings under the Act or an application to a registrar made under these Regulations;
“ Australian maintenance order ” means a maintenance order as defined in section 110 of the Act made by a court having jurisdiction under the Act, but does not include an overseas maintenance order, registered or confirmed in accordance with these Regulations by such a court;
“ certified copy ” means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary;
“ Chief Judge ” has the same meaning as in Part IV of the Act;
“ filed ” means filed in the appropriate office of a court;
“ guardian ad litem ” includes next friend;
“ intervener ” means, in relation to proceedings, the Attorney-General or any other person when intervening or applying to intervene under section 91 or 92 of the Act, or a child separately represented under section 65 of the Act;
“ party to proceedings ” means an applicant, respondent or intervener in proceedings under the Act;
“ pleading ” means an application, answer, affidavit or document filed by an applicant, respondent or intervener;
“ Principal Registrar ” means the Registrar of the Principal Registry of the Family Court;
“ registrar ” includes, in relation to a court of summary jurisdiction, the clerk of the court, clerk of petty sessions or other person holding or performing the duties of a similar office in the court;
“ respondent ” means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener;
“ sealed ” means sealed with the seal of the court or otherwise endorsed by an officer of the court;
“ Secretary ” means the Secretary to the Attorney-General’s Department;
“ stamped envelope ” means an envelope having impressed on it or affixed to it postage stamps that are valid in Australia 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 less than 20 grams posted in Australia to an address in Australia;
“ State Family Court ” means a court to which section 41 of the Act applies.
(2) A reference in these Regulations, other than Part III and regulations 101, 102, 120, 121 and 160, to the Family Court shall be read as including a reference to a State Family Court.
Direction as to practice and procedure
5. (1) Where a court is satisfied in the circumstances of a particular case that—
(a) the provisions of the Act and these Regulations do not make adequate provision for practice and procedure; or
(b) a difficulty arises or doubt exists as to practice and procedure,
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) In proceedings to which section 9 of the Act applies, the court or a registrar may give directions in all matters of practice and procedure.
(3) Directions under this regulation shall be directed to providing a speedy and inexpensive hearing of the matters in issue between the parties and shall be consistent with these Regulations.
Requirements with respect to documents.
6. (1) A pleading, deposition, certificate, decree, notice or other document required or allowed by these Regulations to be filed or delivered to or served on a person for use in or in connexion with proceedings shall, unless the nature of the document renders it in any respect impracticable or these Regulations otherwise provide—
(a) be legibly and clearly typewritten, or printed, without blotting, erasure or such alterations as cause material disfigurement;
(b) have a space of not less than 6 millimetres between each line;
(c) be upon white paper of good and durable quality and capable of receiving ink writing, being paper of the size known as International A4;
(d) be written upon one side only of the paper with an adequate margin on the left hand side of the paper;
(e) be folded lengthwise;
(f) have each page numbered; and
(g) have a backsheet upon which appears the number and title of the proceedings, a short description of the document, and the name, address and telephone number of the party or his solicitor.
(2) Nothing in this regulation prevents the filing of a copy of a document produced by a photographic process if the photographic reproduction is clearly legible and the paper is of a size and quality similar to that specified in sub-regulation (1).
(3) A form prescribed by these Regulations that is printed by the Government Printer shall be deemed to comply with paragraph (1) (b) notwithstanding that the space between the lines is less than 6 millimetres.
Filing of documents.
7. (1) Subject to this regulation, where a document relating to proceedings is required by these Regulations to be filed, the document shall, unless the contrary intention appears, be filed in the office of the court in which the application instituting the proceedings was filed.
(2)Where proceedings have been transferred from a court to another court under sub-section 40 (6) or section 45 or 46 of the Act, a document relating to the proceedings shall be filed in the office of the court to which the proceedings have been transferred.
(3)Where a decree, custody order, overseas custody order, maintenance agreement, overseas maintenance agreement, or a maintenance order made by a court of a reciprocating country or country with restricted reciprocity, has been registered in a court in accordance with the provisions of the Act or these Regulations, a document relating to the enforcement of the decree, order or agreement shall be filed in the office of the court in which it is so registered as soon as practicable after the decree, order or agreement has been registered.
(4) During the hearing of any proceedings by a court or registrar, a document relating to the proceedings may, by leave of the court or a registrar, be filed with the court or with the registrar.
(5) Documents filed in accordance with this regulation shall be numbered in accordance with regulation 32.
Scaling of documents.
A document filed and each copy of a document for service shall bear the seal of the court in which the document is filed.
Date of filing.
The court or a registrar shall cause the date of filing to be written or stamped on every pleading or other document that is filed.
Forms and compliance therewith.
10.(1) Strict compliance with the forms in the Schedule is not necessary and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.
(2) Where a person referred to in a form in the 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) A form in the Schedule shall be completed in accordance with such directions as are specified in the form.
Time to run during court vacation.
Except as specifically ordered by the court or a registrar, time runs, in connexion with any proceedings in a court, during periods during which the court does not sit.
Court or registrar may extend or abridge time.
12.(1) Upon application by a party to proceedings, the court or registrar may extend or abridge the time limited by these Regulations for the doing of an act or the taking of a step in the proceedings.
(2) An application referred to in sub-regulation (1) may be made whether or not the time limited for the doing of the act or the taking of the step in the proceedings has expired.
(3) An extension or abridgement of time may be granted under sub-regulation (1) upon such conditions as the court or registrar thinks fit.
Extension or abridgement of time by consent.
(1) The time limited for the doing of an act may be extended or abridged by consent, in writing, of the parties without application to a court or registrar.
(2) A consent under sub-regulation (1) shall be filed.
Non-compliance with Regulations.
(1) Non-compliance with these Regulations, or with a rule of practice or procedure in a court exercising jurisdiction under this Act, does not render proceedings in that court void unless the court so directs.
(2) In exercising its discretion under this regulation, the court shall have regard to the real merits of the case, the minimizing of expense, and whether any party to the proceedings has suffered injustice or has been prejudicially affected by non-compliance with these Regulations.
Court or registrar may relieve from consequences of non-compliance.
15. (1) Subject to the Act and these Regulations—
(a) the court or a registrar may, at any time, upon such terms as the court or registrar thinks fit, relieve a party from the consequences of non-compliance with these Regulations, a rule of practice and procedure of the court applicable to the proceedings, or an order made by a registrar;
(b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non-compliance with an order made by a court; and
(c) a court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of these Regulations.
(2) Where these Regulations fail to make provision on any matter, the court is empowered to give, and shall give, such directions as to practice and procedure as it thinks fit.
Stay of proceedings.
A Judge or Magistrate may, at any time after the institution of proceedings, direct a stay of proceedings upon such terms as he thinks fit.
Part II—Conciliation
Nomination of person to assist reconciliation.
Where a Judge or Magistrate acting under sub-section 14 (2) of the Act nominates a person other than a marriage counsellor or approved marriage counselling organization to assist the parties in considering a reconciliation, he shall furnish that person with a notice signed by him in accordance with Form 1.
Notice seeking counselling.
A notice that may be filed in the Family Court under sub-section 15 (1) of the Act by a party to a marriage that he or she intends to seek the assistance of the counselling facilities of the court shall be in accordance with Form 2.
Advice as to effect of proceedings.
19. (1) Documents setting out the matters referred to in sub-regulation (2) shall be prepared by the Director of Counselling and Welfare in consultation with the Chief Judge, and copies of the documents shall be made available to courts exercising jurisdiction under the Act and to legal practitioners.
(2) The matters to be set out in the documents are the matters required by section 17 of the Act, namely—
(a) the legal and possible social effects of proposed proceedings (including the consequences for the children of the marriage); and
(b) the counselling and welfare facilities available within the Family Court and elsewhere.
(3) Where an application to institute proceedings under the Act is prepared by a solicitor, the solicitor shall, before filing the application, furnish to the applicant a copy of each of the documents referred to in sub-regulation (1).
(4) Where an application to institute proceedings under the Act is filed by the applicant, an officer of the court shall furnish to the applicant a copy of each of the documents referred to in sub-regulation (1).
(5) Where an application for dissolution of marriage is served on a respondent there shall, at the same time, be served on the respondent a copy of each of the documents referred to in sub-regulation (1).
(6) Compliance with sub-regulation (3) or (4) is not required where an application for dissolution of the marriage has already been filed.
(7) Unless excused by sub-regulation (6), a solicitor acting for an applicant instituting proceedings under the Act shall state in the application that he has complied with sub-regulation (3).
(8) The person serving an application for dissolution on a respondent shall state in the affidavit evidencing service that he has complied with sub-regulation (5).
Oath or affirmation of marriage counsellor.
The oath or affirmation required to be made by a marriage counsellor under sub-section 19 (1) of the Act shall be in accordance with the following form:—
I , do swear by Almighty God (or solemnly and sincerely affirm and declare) that I will not disclose to any person any communication or admission made to me in my capacity as a marriage counsellor except in so far as it is necessary for me to do so for the proper discharge of my functions as a marriage counsellor.
Part III—The Family Court of Australia
Application of regulations, &c.
Subject to any other law, the regulations, practice and procedure of the Family Court relating to its jurisdiction in matrimonial causes apply in relation to the exercise by the Court of its jurisdiction in other matters.
Seals.
22. (1) The Family Court shall have a seal having inscribed on it the words “ The Seal of the Family Court of Australia ”.
(2) The seal shall be kept at the Principal Registry in such custody as the Chief Judge directs.
(3) There shall be kept at each Registry, in such custody as the Chief Judge directs, an office seal having inscribed on it, in addition to the words in sub-regulation (1), the word “ Registry ” with the name of the Registry prefixed.
(4) There shall be kept and used at each Registry such other seals or stamps as are required for the business of the Court and those seals shall be kept in such form and in such custody as the Chief Judge directs.
(5) All documents and copies of documents purporting to be sealed with any such seal shall be receivable in evidence without further proof of the seal.
Oaths and affirmations.
23. (1) The Family Court may require and administer all necessary oaths and affirmations.
(2) The forms of oath or affirmation shall be the same, as nearly as may be, as those used in the Supreme Court of the State or Territory in which the oath or affirmation is administered.
Record of proceedings.
24. (1) Wherever practicable, all proceedings in the Family Court shall be fully recorded.
(2) Proceedings need be transcribed only where a Judge or registrar so orders or a party to the proceedings so requests.
(3) Where the proceedings are transcribed on the order of a Judge or registrar, a party to proceedings is entitled to have one copy of the transcript of the proceedings free of charge.
Exhibits.
(1) The registrar, Judge’s clerk or a proper officer of the Family Court shall take charge of every document or object put in as an exhibit during the hearing of any proceeding in the court.
(2) The list of the exhibits, when completed, shall form part of the record of the proceeding.
(3) The Court or a registrar may direct that the exhibits be kept in the Court, returned to the parties, or otherwise disposed of in such manner as it or he sees fit.
Decrees to be recorded.
Every decree of the Family Court shall be entered by the proper officer of the Court in a book or record kept for that purpose.
Sittings, vacations and holidays.
(1) Subject to section 27 of the Act, the Family Court, in its appellate and original jurisdiction, shall sit at such places and times as the Chief Judge directs.
(2) There shall be no court vacations, but the Court shall not sit on the days specified in sub-regulation (3) unless the Judge constituting the Court otherwise directs.
(3) Subject to sub-regulation (4), each Registry of the Court shall be open during office hours on every day in the year except—
(a) Saturdays and Sundays;
(b) Christmas Day and New Year’s Day and the days between those days;
(c) such days as are proclaimed or observed as public holidays in the State or Territory in which the Registry is located; and
(d) such other days as are appointed from time to time by the Chief Judge either generally or for a particular Registry.
(4) Unless the Chief Judge or Principal Registrar otherwise directs, the office in each Registry shall be open from 9.30 o’clock in the morning to 4.30 o’clock in the afternoon.
Service on Sundays, &c.
(1) Service of applications, notices, summonses, decrees, or other documents in proceedings in the Family Court may be effected on any day other than Christmas Day or Good Friday.
(2) A warrant may be executed at any time.
Publication of judgments.
29. (1) Where a decree is pronounced in a proceeding in the Family Court, the reasons for the Court’s decision may be delivered at a later date by publishing them to the registrar, Judge’s clerk or other proper officer of the court.
(2) A party to proceedings shall be entitled to one copy of the reasons free of charge.
Part IV—Institution of Proceedings
Institution of proceedings.
30. (1) Proceedings shall be instituted by filing an application in a court having jurisdiction under the Act in the proper office of that court.
(2) Where proceedings are instituted in the Supreme Court or a court of summary jurisdiction of a Territory, the application shall state whether the applicant or the respondent is ordinarily resident in that Territory.
How proceedings intituled.
(1) A document to be filed in, or issued out of, the office of a court shall be intituled in accordance with the appropriate heading in Form 3.
(2) Where proceedings are transferred to another court, the title to the proceedings shall be changed accordingly.
Proceedings to be numbered.
32. (1) The registrar of the court in which proceedings are instituted, or to which proceedings are transferred, shall cause a distinguishing number to be allotted to the proceedings.
(2) A document filed in, or issued out of, the office of a court in connexion with any proceedings, or any further proceedings relating to the same parties, shall have the distinguishing number allotted to the proceedings endorsed on it.
(3) This regulation extends to decrees, orders and agreements registered and documents filed under sub-regulation 7 (3).
Application for dissolution of marriage.
(1) An application for a decree of dissolution of marriage shall be in accordance with Part 1 of Form 4, shall be verified by affidavit in accordance with Part 2 of that Form and shall contain a declaration in accordance with Part 3 or 4, as the case requires, of that Form and a notice to the respondent in accordance with Part 5 of that Form.
(2) An application for a decree of dissolution of marriage shall bear the date on which it is filed.
(3) An application for a decree of dissolution of marriage may be filed only in the Family Court or the Supreme Court of a State or Territory having jurisdiction under the Act.
Application for annulment of marriage.
(1) An application for a decree of nullity shall be in accordance with Part 1 of Form 5, shall be verified by affidavit in accordance with Part 2 of that Form and shall contain a declaration in accordance with Part 3 or 4, as the case requires, of that Form and a notice to the respondent in accordance with Part 5 of that Form.
(2) The application shall bear the date on which it is filed.
(3) An application for nullity may be filed only in the Family Court or the Supreme Court of a State or Territory having jurisdiction under the Act.
Application for declaration under section 113.
35. (1) An application for a declaration under section 113 of the Act shall state—
(a) whether the applicant is a citizen of, or is present in, Australia;
(b) details of the marriage, dissolution or annulment that is the subject of the application; and
(c) whether the applicant has instituted or proposes to institute any other proceedings under the Act.
(2) The application shall bear the date on which it is filed.
(3) An application for a declaration may be filed only in the Family Court or the Supreme Court of a State or Territory having jurisdiction under the Act.
(4) Upon filing the application, the applicant shall obtain an appointment with a Judge for a preliminary hearing of the application.
(5) At the preliminary hearing, which may be ex parte, the Judge shall give such directions as to service, presentation of evidence and the further hearing of the proceedings as he thinks fit.
Applications other than for principal relief.
(1) An application, other than an application by which proceedings for principal relief are commenced, shall be in accordance with Form 6.
(2) The application shall bear the date on which it is filed.
(3) The application shall state with precision the orders sought by the applicant.
(4) Where the application relates to the welfare or custody of, or access to, a child, the application shall be accompanied by an affidavit setting out shortly the arrangements proposed for the child and the facts to be relied on in support of the application.
(5) Where the application relates to an order under section 74, 79 or 83 of the Act, the application shall be accompanied by a statement filed in accordance with regulation 97.
(6) An application for leave under sub-section 44 (3) of the Act shall state that the leave of the court is sought and shall be accompanied by an affidavit setting out the facts and circumstances relied upon for the obtaining of leave.
(7) Where sub-regulation 19 (3) or 19 (4) applies to an application under this regulation, a declaration in accordance with Part 3 or Part 4 of Form 4 shall be endorsed on the application.
(8) An application for an injunction shall be accompanied by an affidavit setting out shortly the circumstances of the matter and the facts to be relied on in support of the application.
Service of applications.
(1) Where an application has been filed, the applicant shall, subject to these Regulations, cause a sealed copy of the application to be served on each other party to the application.
(2) If a copy of an affidavit filed in support of the application cannot be served on the respondent or intervener at the time of service of the application, it may be served within a reasonable time before the hearing of the proceedings instituted by the application.
Date of hearing
38. (1) Subject to these Regulations, the date for the hearing of an application shall be fixed by the registrar of the court in which the application is filed and shall be—
(a) where the application is under regulation 33 or 34—not earlier than 14 days after the time allowed under regulation 41 for the filing of an answer; and
(b) in all other cases—
(i) where the respondent is in Australia—at least 14 days from the date of filing the application; or
(ii) where the respondent is not in Australia—at least 42 days from the date of filing the application.
(2) The registrar may alter the date for the hearing and may authorize the applicant to make corresponding alterations in any copy for service of the application.
(3) The registrar may give authority under sub-regulation (2) by telephone or by such other means as he thinks fit.
Child subject to child welfare order.
39. (1) Where an application is made with respect to a child who is a ward of a State, a State child, or a child having similar status under the law of a Territory, a sealed copy of the application and of each of the affidavits in support of the application shall be served, in accordance with regulation 44, upon the Minister of State or public authority having wardship of the child.
(2) If, on an application by the Minister or public authority for leave to intervene under section 92 of the Act, the court does not grant leave, it may adjourn the further hearing of the proceedings and give notice to the Attorney-General of its refusal to grant leave and of the date to which the proceedings are adjourned.
Marriage certificate to be filed with application.
40. (1) When an application is filed in the Registry of a court, the applicant shall, unless he is unable to do so, also file a marriage certificate in respect of the marriage concerned.
(2) Sub-regulation (1) does not apply where the marriage certificate has already been filed in respect of another application in the same Registry or where the marriage between the applicant and the respondent has been dissolved or annulled.
(3) Sub-regulation (1) does not apply where documents are filed in accordance with sub-regulation 7 (3).
(4) If the marriage certificate filed in accordance with sub-regulation (1) is not in the English language, a translation in the English language of the marriage certificate shall also be filed at the same time.
(5) A translation of a marriage certificate filed under sub-regulation (4) 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.
(6) Where—
(a) an applicant and a respondent were married in a country the public records of which are not kept in the English language; and
(b) a marriage certificate relating to the marriage that is filed in accordance with sub-regulation (1) was issued in that country in 2 or more languages, including the English language.
it is not necessary to comply with sub-regulation (4) or (5).
(7) Where an applicant is unable, for any reason, to comply with sub-regulation (1), the court may receive evidence from the applicant or any other person relating to the marriage of the applicant and the respondent.
(8) Where the court from evidence before it or from its own knowledge is satisfied that a marriage certificate not in the English language is a certificate or record of the marriage of the applicant and the respondent, it may receive the certificate in evidence notwithstanding that sub-regulations (4) and (5) have not been complied with.
(9) In this regulation, “ marriage certificate ”, in relation to a marriage whether solemnized in Australia or elsewhere, means—
(a) an original certificate or record of the marriage or a photographic representation of the certificate or record;
(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 a register containing the entry, of which it purports to be a true copy or photographic representation; or
(c) a photographic reproduction of an original certificate or record or of an entry of the marriage in an official register of marriages certified by a registrar.
Time for answer to application for a divorce or nullity.
Where an application under regulation 33 or 34 is served on the respondent, he has the following time in which to file an answer to the application:—
(a) if the respondent is served in Australia—28 days; or
(b) if the respondent is served outside Australia—42 days,
after the day on which the application is served.
Part V—Ex Parte Orders
Ex parte orders.
42. (1) In a case of urgency, a court may make an ex parte order—
(a) concerning the welfare or custody of, or access to, a child of a marriage; or
(b) in accordance with section 77, 85 or 114 of the Act.
(2) An application under this regulation may be made in writing or orally or in such form as the court considers appropriate.
(3) Where an application under this regulation is not made in writing, the court shall not make an order under sub-regulation (1) unless by reason of the extreme urgency of the case it considers that it is necessary to do so.
(4) The court may give such directions with respect to the filing of a written application, the service of the application and the further hearing of the application as it thinks fit.
(5) An order under sub-regulation (1) shall be expressed to operate only until a specified time or the further order of the court.
(6) Where a court makes an order under sub-regulation (1), it may give directions with respect to—
(a) the service of the order and such other documents as it thinks fit; and
(b) the hearing of an application for a further order.
Part VI—Service
Address for service.
(1) Unless the court or a registrar otherwise orders, a person is not entitled to file a document for the purposes of proceedings unless in that document he gives, or by a document previously filed by him he has given, an address for service.
(2) A person may give an address for service (otherwise than in an application the form for which requires an address for service to be given) by filing a notice in accordance with Form 7 and serving a copy of the notice on each other party to the proceedings who has filed such a notice.
(3) A person who has given an address for service may change that address by filing a notice in accordance with Form 8 and serving a copy of the notice on each other party to the proceedings who has filed a notice giving an address for service.
Manner of service.
44. (1) Where service of a document is required by these Regulations to be effected on a person, service may, subject to the provisions of these Regulations that limit the methods of service of particular classes of documents, be effected, either in or outside Australia—
(a) by delivering the document to the person personally;
(b) by serving the document on the person by post in accordance with regulation 46;
(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 a solicitor representing a party has facilities for the reception of documents in a central document exchange, delivery of a document into those facilities is sufficient service for the purposes of paragraph (1) (c).
Personal service.
45.(1) Service of a document on a person by delivering it to him personally shall not be effected by the person on whose behalf the document is being served but may be effected by another person in his presence.
(2) A person may acknowledge that he has been personally served with a document by signing a form in accordance with Form 9.
Acknowledged service by post.
46.(1) For the purpose of paragraph 44 (1) (b), service of a document on a person shall be effected by properly addressing and posting (under prepaid postage) the document, together with—
(a) a form in accordance with Form 9 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) When a document has been posted to a person in accordance with the provisions of sub-regulation (1), 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 acknowledgement of the service in accordance with Form 9.
(3) Where a document instituting proceedings has been posted to a person in accordance with sub-regulation (1), service of the document shall be presumed to have been duly effected on the person if the person files a document giving an address for service.
(4) Where service of a document has been effected by posting the document to a person in accordance with sub-regulation (1), the date of service of the document shall be taken to be the date on which the acknowledgment of service was signed.
When service effected if posted to address for service, &c.
When service of a document is effected on a person in accordance with paragraph 44 (1) (c) or (d) by posting the document to the person or his solicitor, service of the document shall, unless the contrary is proved, be deemed to have been effected on the person 4 days after the date of posting.
Service in Convention countries.
(1) This regulation applies, subject to the provisions of the relevant Convention, in relation to the service of a document in a country that is a party to a Convention, extending to Australia, regarding Legal Proceedings in Civil and Commercial Matters.
(2) Where, under a Convention referred to in sub-regulation (1), 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 regulation.
(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-regulation (1) files a request for service of the document in accordance with Form 10, and deposits with the registrar of the court in which the proceedings are pending the documents required by sub-regulation (4) to be deposited, the registrar shall forward the documents so deposited direct to the Secretary for transmission to that country for service.
(4) The documents to be deposited under sub-regulation (3) are—
(a) the document 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) A document, a translation of a document or a copy of a document shall, before being forwarded to the Secretary in accordance with sub-regulation (3), be sealed with the seal of the court.
(6) Where a registrar has received a certificate transmitted through diplomatic channels, by a judicial authority in a country referred to in sub-regulation (1), 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 sub-regulation (7), is then evidence of the matters stated in the certificate.
(7) Where service of a document is required to be effected on a person in the manner referred to in paragraph 44 (1) (a), the due service of the document shall be deemed not to have been proved by a certificate referred to in sub-regulation (6) unless—
(a) it also certifies the means by which the person who served the document identified the person served; or
(b) other evidence, whether by affidavit or otherwise, is furnished showing that the document came to the notice of the person on whom it was to be served.
Dispensing with service.
49. (1) The court may, upon application made ex parte, dispense with the service of any process under the Act on a person if the court thinks it necessary or expedient to do so.
(2) In exercising its powers under sub-regulation (1), the court shall have regard to—
(a) whether the applicant has taken every reasonable step to discover the whereabouts of the respondent and serve him with the process that is the subject of the application;
(b) the means of the applicant, the likely cost to the applicant and the nature of the process sought to be served;
(c) whether by advertising or some other method the existence of the process is likely to come to the knowledge of the respondent; and
(d) all other relevant matters.
(3) An order under sub-regulation (1) may be made subject to such conditions (if any) as to advertising or otherwise as the court thinks fit.
(4) If conditions are imposed in accordance with sub-regulation (3), the court shall specify in its order dispensing with service the times within which the conditions shall be complied with, and no further proceedings shall be taken in relation to that process without the leave of the court until the applicant has furnished satisfactory evidence, by affidavit or otherwise, that the conditions have been complied with.
Service of applications for dissolution and nullity.
Service of an application referred to in regulations 33 and 34 shall be effected on a respondent by serving a sealed copy of the application on him in a manner referred to in paragraph 44 (1) (a) or (b).
Service of other applications.
Service of an application referred to in regulations 35 and 36 shall be effected on each other party to the application by serving on him, in a manner referred to in paragraph 44 (1) (a), (b) or (c), with—
(a) a sealed copy of the application; and
(b) a sealed copy of any affidavit filed with the application.
Proof of personal service of document.
52. (1) Where service of a document is effected in accordance with paragraph 44 (1) (a), the due service of the document may be proved in oral evidence before the court or by the affidavit of the person who served the document.
(2) The affidavit of service shall state—
(a) the date on which and the place at which the document was so delivered; and
(b) the means by which he established that the person to whom the document was delivered was the person required to be served with the document.
(3) An affidavit of service of a document on a person personally shall be in accordance with Form 11.
Proof of service of document by post.
53. (1) Where service of a document is effected in the manner referred to in paragraph 44 (1) (b), the identification of the respondent’s signature on the acknowledgment of service (Form 9) may be proved in oral evidence before the court or on affidavit.
(2) An affidavit of proof of the signature shall be in accordance with Form 12.
Proof of service of document by posting or delivery to an address.
Where service of a document is effected in the manner referred to in paragraph 44 (1) (c) or (d), the delivery or postage of the document may be proved in oral evidence before the court or by the affidavit of the person who delivered the document or caused it to be posted.
Service of pleadings.
55. (1) A party who files a pleading in proceedings shall cause a copy of the pleading to be served in accordance with paragraph 44 (1) (c) on each other party to the proceedings who has, at the date on which the pleading is filed, an address for service filed with the court in which the proceedings are brought.
(2) Where no such address for service is filed, the party shall cause service of the pleading to be effected in accordance with paragraph 44 (1) (a) or (b).
(3) Service of a pleading referred to in this regulation shall be made on the day on which the pleading is filed or as soon thereafter as possible.
(4) This regulation does not apply to an affidavit referred to in regulation 52, 53 or 54.
Part VII—Further Pleadings
Answer.
(1) The respondent to proceedings referred to in regulation 33 or 34 may, by a document in accordance with Part 1 of Form 13, file an answer to the application.
(2) The respondent shall, by affidavit in accordance with Part 2 of Form 13, verify the facts stated in the answer.
(3) An answer shall bear the date on which it is filed and shall be served on the applicant on that day or as soon thereafter as possible.
Answer under protest.
(1) A respondent to proceedings referred to in regulation 33 or 34 who wishes to contest the jurisdiction of the court shall file an answer under protest in accordance with Form 14 objecting to the jurisdiction of the court.
(2) An answer under protest shall bear the date on which it is filed and shall be served on the applicant on that day or as soon thereafter as possible.
(3) Upon the hearing of the issue of jurisdiction, the court may proceed to hear and determine the issue, or may give directions as to the manner in which disputed questions are to be determined.
(4) Where the court has overruled an objection to its jurisdiction, the respondent may, within such time as the court allows, file an answer under regulation 56.
Affidavit in answer.
(1) Subject to regulations 56 and 57, a respondent to, or intervener in, proceedings 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 answer to an affidavit in support of the application.
(2) Where a party seeks an order different from that sought in the application, that party shall set out in an affidavit filed under sub-section (1) precise details of the different order sought.
(3) A respondent or intervener filing an affidavit in answer shall cause a copy of the affidavit 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.
(4) 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.
(5) 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 practicable after the affidavit in reply has been filed.
When allegations in pleading deemed to be admitted.
59. (1) Where a fact is alleged in a pleading and a party files a pleading in answer to that pleading and does not, in the pleading so filed—
(a) deny the fact, either expressly or by necessary implication;
(b) state that he does not know and cannot admit the truth of the fact; or
(c) admit the truth of the fact,
he shall be presumed to have admitted the fact for the purposes of the proceedings.
(2) Such a presumption may be rebutted by evidence before the court.
Withdrawal of pleading.
60. (1) A party to proceedings on whose behalf a pleading has been filed may withdraw the pleading at any time.
(2) Withdrawal of a pleading does not preclude any other party to the proceedings from relying upon the pleading and using it in cross-examination or in evidence.
(3) Where a pleading is withdrawn, the court or a registrar may make such order as to the hearing or further hearing of the proceedings as it or he considers is just and equitable in all the circumstances.
Amendments of pleadings.
61. (1) Subject to sub-regulation (2), a party to proceedings may amend his pleadings at any time.
(2) An affidavit shall not be amended except by the leave of the court or a registrar, and upon such conditions as to re-swearing, re-affirming or verification by oral evidence as it or he thinks fit.
(3) When a pleading is amended, the court or a registrar may make such order as to the hearing or further hearing of the proceedings as it or he considers is just and equitable in all the circumstances.
Failure to file answer within due time.
(1) Where a respondent to proceedings instituted under regulation 33 or 34 files an answer after the time provided for in regulation 41 has expired, the applicant in those proceedings may continue the proceedings as if the answer had not been filed unless—
(a) the applicant consents to the late filing of the answer; or
(b) the court or a registrar otherwise orders.
(2) Consent to the late filing of an answer may be given by an applicant and shall be in writing and may be endorsed on the answer.
Part VIII—Affidavits
Affidavits.
63. (1) An affidavit shall state the full name, address and occupation of the deponent, and be made in the first person.
(2) The body of an affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject matter.
(3) Where it appears to the person before whom an affidavit is sworn or affirmed that the deponent is illiterate or blind, he shall certify in or below the jurat that—
(a) the affidavit was read in his presence to the deponent; and
(b) the deponent appeared to understand the nature and contents of the affidavit.
(4) Each page of an affidavit shall be signed by the deponent and by the person before whom it is sworn or affirmed.
(5) Any alterations, interlineations or erasures in an affidavit shall be initialled by the deponent and by the person before whom it is sworn or affirmed.
(6) A document to be used in conjunction with an affidavit shall, where convenient, be annexed to the affidavit.
(7) Where annexure is inconvenient, a document to be used in conjunction with an affidavit may be made an exhibit to the affidavit.
(8) An exhibit to an affidavit shall be identified by the title and number of the proceedings in which the affidavit is filed, and a certificate signed by the person before whom the affidavit is sworn or affirmed shall identify the exhibit as the particular exhibit referred to in the affidavit.
(9) An affidavit shall contain a back sheet carrying the following particulars:—
(a) the title of the proceedings;
(b) the name of the deponent;
(c) the date the affidavit was sworn or affirmed; and
(d) the party on behalf of whom it is to be filed.
(10) An affidavit that is irregular as to form may be used in evidence unless the court otherwise orders.
(11) An affidavit (other than an affidavit evidencing service) that has not been filed and served shall not be accepted in evidence without the leave of the court.
(12) Where an affidavit contains material that, in the opinion of the court, is scandalous, irrelevant or otherwise offensive, the court may order that—
(a) the material be struck out; or
(b) the affidavit shall not form part of the pleadings.
(13) A party to proceedings may require that the deponent of an affidavit attend for cross-examination and, if the deponent fails to attend, the court may refuse to allow the affidavit to be used in the proceedings, or may adjourn the hearing until the deponent attends for cross-examination.
(14) Where the court adjourns the hearing under sub-regulation (13), it may make such orders providing for the attendance of the deponent and the provision of his out-of-pocket expenses as it thinks fit.
Document to be produced if extract set out in affidavit.
Where the text of a document or a portion of a document is set out in an affidavit, the party filing the affidavit shall cause the document to be produced at the hearing of the proceedings in connexion with which the affidavit is filed.
Before whom affidavit may be sworn.
(1) An affidavit may be sworn or affirmed at a place in Australia before a person having authority under an Act or the law in force in that place to administer an oath or take an affirmation at that place.
(2) An affidavit may be sworn or affirmed at a place outside Australia before an Australian Consular Officer or an Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955, a judge, magistrate, justice of the peace of or for that place, or a notary public.
(3) The title of the person before whom an affidavit is sworn or affirmed, and the date on which and place at which the affidavit is sworn or affirmed, shall be stated in the jurat of the affidavit.
(4) Where an affidavit purports to have been sworn or affirmed at a place before a person before whom an affidavit is permitted to be sworn or affirmed at that place, the affidavit shall, without proof of that person or of his title, be presumed, for the purposes of these Regulations, until the contrary is proved, to have been sworn or affirmed before such a person.
Affidavit made by 2 or more deponents.
66. (1) Subject to sub-regulation (2), where an affidavit is sworn or affirmed by 2 or more deponents, the full name of each deponent shall be stated at the beginning of the affidavit and in the jurat.
(2) If all the deponents swear or affirm the affidavit at the same time and before the same person, it is sufficient for the jurat to show that the affidavit was sworn or affirmed by all of the “ abovenamed ” deponents.
Part IX—Young Persons and Persons of Unsound Mind
Parties under 18 years of age.
(1) Subject to this regulation, a person under 18 years of age may institute or continue proceedings.
(2) Where a person who is a party to proceedings is under 18 years of age, the court shall satisfy itself that the person fully understands the nature and possible consequences of the proceedings.
(3) If the court is not so satisfied, it shall give such directions as it thinks fit, including directions as to the representation of the person, or for providing that the person confer with a welfare officer, or other person appointed by the court.
(4) Where the respondent to an application, being apparently under the age of 18 years, has not filed an answer or responding affidavit or has not appeared in the proceedings in person or by a legal practitioner, the court or a registrar shall summons the respondent into court, or direct that a welfare officer or other person appointed by the court interview the respondent and thereafter report to the court, or take such other action so that the court may satisfy itself as required by sub-regulation (2) as it thinks fit.
Service of applications on persons of unsound mind.
68. (1) Unless the court or a registrar otherwise orders, service of an application shall be effected upon a person of unsound mind by serving in the manner referred to in paragraph 44 (1) (a) or (b) a sealed copy of the application—
(a) if there is a committee 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) in any other case—on the person with whom the person of unsound mind is residing or the person under whose care he is.
(2) For the purposes of sub-regulation (1), a person of unsound mind who is a patient in an institution shall be deemed to be in the care of the superintendent or other person in direct charge of the institution.
When service on person of unsound mind deemed not to have been effected.
Service of an application shall be deemed not to have been effected on a person of unsound mind in accordance with sub-regulation 68 (1) unless the court is satisfied, by affidavit of the person on whom the application is actually served or otherwise, that the nature and contents of the application were brought to the notice of the person of unsound mind or that the mental condition of that person was such that he could not comprehend the nature and contents of the application.
Institution or continuance of proceedings by a person of unsound mind.
70. (1) Proceedings in a matrimonial cause may be instituted or continued by a person of unsound mind—
(a) if there is a committee of that person who is able and willing to act for the person of unsound mind in connexion with the proceedings— by that person;
(b) by a person authorized by the Attorney-General in accordance with regulation 73; or
(c) by a person willing to act as guardian ad litem for the person of unsound mind, and so appointed under regulation 74.
(2) Where proceedings under the Act are instituted or continued by a person referred to in paragraph (1) (a), (b) or (c), that person shall for the purposes of the proceedings, be deemed to be the guardian ad litem of the person of unsound mind.
Intervention by person of unsound mind.
A guardian ad litem of a person of unsound mind may apply for leave to intervene, and may intervene, under section 92 of the Act, in proceedings on behalf of that person.
Application of Regulations to persons of unsound mind.
(1) Where a person of unsound mind is a party to proceedings, a reference in these Regulations to an affidavit of the party shall be read as including a reference to an affidavit sworn or affirmed by the guardian ad litem of the party.
(2) The court or a registrar may, in a particular case, order that an affidavit required by or under these Regulations to be sworn or affirmed by the guardian ad litem of a party be sworn or affirmed by the party.
Attorney-General may appoint guardian ad litem of person of unsound mind.
73. (1) The Attorney-General may, by writing under his hand, appoint a person (including a corporation sole) to be an authorized person for the purposes of this regulation either generally or in respect of a particular person of unsound mind.
(2) A person authorized under sub-regulation (1) may consent to act as guardian ad litem of a person of unsound mind by instrument in accordance with Form 15.
Appointment of person or corporation as guardian ad litem of person of unsound mind.
74. (1) Where—
(a) a party to proceedings is a person of unsound mind;
(b) an authorized person has not filed a consent under regulation 73; and
(c) there is no committee of the party who is able and willing to act for the party,
a corporation authorized under the law of a State or Territory to be appointed, or to act as, a guardian ad litem of a person of unsound mind or any fit and proper person may apply to the court or a registrar to be appointed the guardian ad litem of the party for that purpose.
(2) Except where the application is made by a corporation so authorized, there shall be filed, in support of the application under this regulation, an affidavit by a credible person deposing to the fitness of the applicant to act as guardian ad litem of the person of unsound mind.
(3) An application under this regulation may be made ex parte.
(4) Where, upon application made under this regulation, the court or a registrar is satisfied that it is desirable that the applicant be appointed the guardian ad litem of the person of unsound mind for the purpose of the proceedings, it or he shall appoint the applicant accordingly.
Removal of guardian ad litem.
The court may, subject to such conditions as the court thinks lit, remove a person from the office of guardian ad litem of a person of unsound mind if—
(a) the person makes application to retire from the office; or
(b) the court considers that it is desirable that the person should be removed from the office.
Notice of appointment of guardian ad litem.
A person who becomes the guardian ad litem of a respondent or intervener shall serve notice of the fact on the other parties to the proceedings as soon as possible after he becomes the guardian ad litem.
Default in pleading by person of unsound mind.
(1) Where the respondent to an application is a person of unsound mind, proceedings against the respondent shall not be continued unless and until a guardian ad litem has been appointed for the respondent and the guardian ad litem has filed an answer or responding affidavit.
(2) Where a guardian ad litem has not been appointed, the court or a registrar, of its or his own motion, may take steps to have a guardian ad litem appointed.
Part X—Interventions
Intervention by Attorney-General.
78. (1) Subject to regulation 131, where the Attorney-General proposes to intervene in any proceedings, he shall file a notice stating—
(a) that he proposes to intervene in the proceedings;
(b) the reasons that justify his intervention; and
(c) any orders that he seeks upon intervention.
(2) A notice referred to in sub-regulation (1) shall be served upon the other parties to the proceedings in which the Attorney-General proposes to intervene.
Intervention by other persons.
79. (1) A person, not being a party to the marriage, who wishes to intervene in proceedings other than proceedings for principal relief, shall file an application to the court for leave to intervene and in that application shall state—
(a) his relationship, if any, to the parties or a party to the marriage;
(b) the reasons why he wishes to intervene; and
(c) the orders sought by him upon intervention, if leave is granted.
(2) The application shall be verified by the affidavit of the applicant for leave to intervene.
(3) The application and verifying affidavit shall be served upon each party to the proceedings who has given or filed an address for service.
Directions where intervention.
In proceedings in which the Attorney-General intervenes or in which the court grants leave to intervene, the court may give such directions as to the further conduct and hearing of the proceedings as it thinks fit.
Part XI— Ancillary Procedures
On hearing of proceeding further applications may be made.
81. (1) The court may, on the hearing of an application, permit a further application to be instituted orally, without the filing of any pleading, upon such conditions as the court thinks fit.
(2) When an application is before it, the court may make orders without formal application with respect to—
(a) the service of documents and dispensing with the service of documents;
(b) the discovery, inspection and production of documents;
(c) admissions of fact or of documents;
(d) particulars;
(e) the presentation of evidence by affidavit or in other documentary form;
(f) directions to answer specific questions;
(g) the consolidation of proceedings;
(h) conferences between the parties with a view to settlement of differences relating to financial and custodial matters;
(i) conferences with welfare officers or marriage counsellors;
(j) the obtaining of a welfare officer’s report in accordance with section 62 of the Act;
(k) a direction under regulation 5; or
(l) any other matter relating to procedure that will enable costs or delay to be reduced, and will help to achieve a prompt hearing of matters at issue between the parties.
Particulars.
82. (1) A party to proceedings may serve on another party a request for further particulars of any allegation in a pleading filed by that party.
(2) A party so requested shall, within 14 days after service of the request, or within such further time as the requesting party, the court or a registrar allows, give to the party who served the request—
(a) the further particulars requested or the grounds on which he objects to giving, or is unable to give, the further particulars; or
(b) such further particulars as he is willing and able to give and the grounds on which he objects to giving, or is unable to give, any further particulars of the allegation.
(3) The further particulars shall be verified by the affidavit of the party giving them filed within the time applicable under sub-regulation (2).
(4) Where a party refuses or fails to give further particulars as requested by another party within the time applicable under sub-regulation (2), the court may make such orders as to the giving of particulars, the continuance of the proceedings, and the right of a party to continue the proceedings, as the court thinks fit.
Discovery.
(1) A party to proceedings who has filed a pleading in the proceedings may serve on another party to the proceedings a request to make discovery on oath or affirmation of the documents that are, or have been, in his possession, custody or power relating to any matter in question in the proceedings.
(2) A request under this regulation shall be in accordance with Form 16.
(3) A party to proceedings on whom a request under this regulation has been served shall make discovery of documents by filing an affidavit of discovery, and serving a copy of the affidavit on the party who made the request, within 10 days after service upon him, or within such further time as the requesting party, the court or a registrar, allows.
(4) An affidavit of discovery shall be in accordance with Form 17 and shall comply with regulation 84.
(5) Where a party refuses or fails to give an affidavit of discovery as requested by another party within the time specified in sub-regulation (3) or files an affidavit of discovery that does not comply with regulation 84, the court may make such orders as to discovery, the continuance of the proceedings, and the right of a party to continue the proceedings, as the court thinks fit.
Affidavit of discovery.
Subject to any order made under sub-regulation 83 (5) in a particular case, an affidavit of discovery by a party shall—
(a) specify the documents relating to matters in question in the proceedings that are in the possession, power or custody of the party;
(b) specify the documents relating to matters in question in the proceedings that are not, but have been, in the possession, custody or power of the party and state, to the best of the knowledge and belief of the party, whether they are still in existence, and, if so, the person who has possession of them;
(c) if such is the case, specify the documents that he objects to producing upon the ground that the documents are—
(i) professional communications of a confidential character made to the party by his counsel or solicitor, or made by the party to his counsel or solicitor, for the purpose of giving him legal advice;
(ii) cases for the opinion of counsel, or instructions to counsel prepared and given in anticipation of, or during the progress of, the proceedings;
(iii) letters or copies of letters from the party to his solicitor or from the solicitor to the party in anticipation of, or during the progress of, the proceedings;
(iv) drafts or memoranda made by the counsel or solicitor to the party for the purpose of the proceedings;
(v) letters or copies of letters or other documents sent to or received from a welfare officer or other person acting under section 14, 15 or 62 of the Act or to whom section 18 of the Act applies;
(d) if such is the case, specify the documents that he objects to producing on any other ground and the ground on which he so objects; and
(e) if such is the case, state that he has not, at the time of making the affidavit and has never had, in his possession, custody or power, or in the possession custody or power of a solicitor, agent, or other person on his behalf, any document that relates to the matters in question in the proceedings or in which an entry relating to such a matter has been made, or a copy of, or extract from, any such document, that is not specified in the affidavit.
Mutual and informal discovery and inspection.
85. (1) The parties to proceedings may agree to mutual and informal discovery and inspection of documents that relate to any matter in question in the proceedings.
(2) Discovery and inspection may be had on such terms as the parties agree upon.
(3) A party to proceedings or his counsel or solicitor who has agreed under this regulation to mutual and informal discovery and inspection of documents that relate to matters in question in the proceedings shall not wilfully and knowingly withhold such a document from discovery or inspection.
Penalty: $200.
Discovery of particular document.
86. (1) A party to proceedings who has filed a pleading in the proceedings may serve on another party to the proceedings a request to make discovery on oath or affirmation that a particular document specified in the request is, or has been, in his possession, custody or power.
(2) A request referred to in sub-regulation (1) shall only be made where the document relates to a matter in question in the proceedings.
(3) Regulations 83 and 84 apply in so far as they are applicable to a request made under this regulation.
Failure to discover documents.
Where—
(a) a party to proceedings has filed an affidavit of discovery;
(a) a party to proceedings has filed an affidavit of discovery; at the time the party swore or affirmed the affidavit, in the possession, custody or power of the party or such a document was not at the time, but had been, in the possession, custody or power of the party; and
(c) the document was not referred to in that affidavit of discovery or in any other affidavit of discovery filed by that party in pursuance of an order of the court,
the party is not entitled, except by leave of the court, to put the document or a copy of the document in evidence, or to furnish or cause to be furnished evidence of the document, at the hearing of the proceedings.
Inspection of documents.
(1) A party to proceedings may, by notice in writing to another party, request the other party to produce, for inspection by the party giving the notice, a document specified in the notice, being a document that is referred to in a pleading filed on behalf of that party or in further particulars given by that party in pursuance of a request or order under regulation 82.
(2) A document referred to in an affidavit of discovery filed on behalf of a party shall not be specified in a notice given to the party under sub-regulation (1) if, in the affidavit, the party—
(a) objected to producing the document on a ground stated in the affidavit; or
(b) stated that the document was not in his possession, custody or power.
(3) A party to whom a notice under sub-regulation (1) has been given shall, within 7 days after receipt of the notice, or within such further time as the requesting party, the court or a registrar allows, specify, in writing to the party who gave the notice—
(a) the ground on which he objects to the production of a document specified in the notice; or
(b) the time and place at which he will produce the document for inspection.
(4) A document produced for inspection in pursuance to a notice under sub-regulation (1) may be inspected and copied by the party to whom it is produced.
(5) Where a party to proceedings to whom a notice to produce a document under sub-regulation (1) has been given fails to produce the document for inspection and copying, the party is not entitled, except by leave of the court, to put the document or a copy of the document in evidence, or to furnish or cause to be furnished evidence of the document, at the hearing of the proceedings.
(6) Where a party to proceedings to whom a notice to produce a document under sub-regulation (1) has been given refuses or fails to produce the document for inspection and copying, and the court is satisfied that the party is not excused by law from producing the document for inspection, the court may make such orders as to inspection, the continuance of proceedings and the right of a party to continue the proceedings, as the court thinks fit.
Copies of certain books.
(1) The parties may agree, or the court or a registrar may order, that a party furnish a copy of an entry in a book used for the purposes of trade or business, verified as a true copy of the entry of which it purports to be a copy.
(2) Such a copy shall be deemed not to be a true copy of the entry unless particulars of any erasures, alterations or interlineations are clearly shown on the copy.
(3) The court or a registrar may make an order for the production of a book notwithstanding that a copy of an entry in the book has been furnished in accordance with sub-regulation (1).
Privilege.
Where, upon application for an order for the production of documents, a respondent to the application claims that he is excused, by reason of privilege, from producing a particular document, the court may require the respondent to produce that document to the court, and the court may inspect the document for the purpose of determining whether the respondent is so excused.
Direction to answer specific questions.
(1) A court may direct a party to proceedings to answer specific questions relevant to a matter before it.
(2) Unless the court otherwise orders, a party shall, within 14 days after being so directed to answer questions, furnish the answers to the questions to all other parties and to the court.
(3) Unless the court otherwise orders, the answer shall be verified by the affidavit of the person furnishing the answers.
Production of documents from person other than parties.
92. (1) Where, on application by a party, it appears to the court that a person other than a party has within his possession, custody or power a document or thing relating to a matter in question in the proceedings, and it is appropriate that the parties should be aware of the contents of the document or the nature of the thing prior to the determination of the proceedings, the court may order the person to produce the document or thing to the registrar or other officer of the court at a time and place specified in the order.
(2) Before making an order under sub-regulation (1), the court may require steps to be taken to ascertain whether any privilege is claimed in relation to the document or thing, and, thereupon, the court may place such restrictions upon viewing and copying the document or thing or part of it as the court considers appropriate.
(3) The document or thing may be inspected at the specified time and place, or at such other time and place as may be ordered or agreed upon, by any party to the proceedings or his solicitor in the presence of the registrar or an officer of the court.
(4) Where a person incurs expense in complying with an order under this regulation, the court shall order that he be paid the amount equal to the expense incurred in such manner as the court thinks fit.
(5) An order made under sub-regulation (1) may require the party serving the order to tender reasonable expenses to the person who is the subject of the order to enable him to comply with the order.
Particulars as to employment.
93. (1) Where it appears to a court or a registrar that a party to proceedings under Part VIII of the Act is employed, the court or a registrar may order that party to furnish to the court within a specified time a statement in writing signed by him specifying—
(a) the name and address of his employer, or, if he has more employers than one, of each of his employers;
(b) particulars as to his earnings; and
(c) such other particulars as the court or registrar thinks necessary to enable him to be identified by any of his employers.
(2) Where it appears to a court or registrar that a person is an employer of a party to proceedings under Part VIII of the Act, the court or registrar may order that person to furnish to the court, within a specified time, a statement signed by him or on his behalf containing such particulars as are specified in the order of his indebtedness to the employee, of the employee’s present rate of earnings, or of all the earnings of the employee that became payable to him during a specified period, as the case may be.
(3) A document purporting to be a statement within the meaning of sub-regulation (1) or (2) may be admitted in evidence as proof of its contents.
(4) A person shall not—
(a) without reasonable cause or excuse, refuse or fail to comply with an order under this regulation that is applicable to him; or
(b) make under this regulation to a court having jurisdiction under the Act a statement in writing that he knows to be false or misleading in a material particular or does not believe on reasonable grounds to be true.
Penalty: $500.
Admissions and notices to admit.
(1) At any time before or during the hearing of proceedings, a party may admit facts.
(2) At any time before or during the hearing, a party may call upon another party to admit facts.
Notice to produce documents.
(1) A party to proceedings may, by notice in writing served on another party to the proceedings, require the other party to produce, at the hearing of the proceedings, a document or thing specified in the notice, being a document or thing that is in the possession, custody or power of that other party.
(2) The party served shall, unless the court otherwise orders, produce the document or thing in accordance with the notice.
(3) A party to proceedings or his solicitor shall not wilfully fail to produce a document or thing in accordance with a notice under sub-regulation (1).
Penalty: $200.
(4) Where a party served with a notice under sub-regulation (1) has failed to produce a document or thing, the court may order its production at some later hearing of the proceedings.
(5) A notice to produce a document or thing shall be in accordance with Form 18.
Conferences between parties.
96. (1) Where the court or a registrar is of the opinion that it may be advantageous or advisable to do so, it or he may order the parties to confer and make a bona fide endeavour to reach agreement on matters in issue between them.
(2) A party may attend the conference in person and either with or without counsel or a solicitor.
(3) If either party requests, or the court or a registrar so orders, the conference shall be held in the presence of the registrar or an officer of the court specified in the order.
(4) A conference ordered under sub-regulation (1) may be adjourned from time to time and from place to place.
(5) Evidence of anything said, or of any admission made, in the course of the conference is not admissible in any court (whether exercising federal jurisdiction or not) or in proceedings before a person authorized by a law of Australia or of a State or Territory, or by consent of parties, to hear evidence.
(6) Sub-regulation (5) does not prevent evidence of anything said, or of any admission made, in the course of such a conference being admitted in evidence in a court upon the trial of a person for an offence committed at the conference.
In financial matters, applicant to file statement of financial circumstances.
97. (1) This regulation applies where an applicant seeks an order under section 74, 79 or 83 of the Act.
(2) Where this regulation applies, the applicant shall file a statement of financial circumstances in accordance with Form 19.
(3) The contents of the statement filed in accordance with sub-regulation (2) shall be verified on affidavit.
(4) Where the application is for maintenance, the applicant shall also file an affidavit setting out all relevant matters referred to in sub-section 75 (2) and section 76 of the Act upon which the applicant wishes to rely, other than those dealt with in the statement of financial circumstances.
(5) Where the application is for an alteration of interests in property the applicant shall also file an affidavit setting out—
(a) all relevant matters referred to in sub-section 79 (4) of the Act upon which the applicant wishes to rely, other than those dealt with in the statement of financial circumstances: and
(b) particulars of title to the property, an estimate of the value of it together with details of the basis upon which that estimate was made, and details of any charge or encumbrance on the property (including a statement of the amount currently outstanding under any such charge or encumbrance).
(6) Where the application is for a declaration or alteration of interests in property, there shall be filed with the application proof of service by pre-paid post on any mortgagee or encumbrancee of notice of the orders sought in relation to the property and a copy of any communication received in reply to the notice.
(7) Where the parties have agreed as to proposed orders in respect of any financial matter, compliance with this regulation shall not be required except in relation to an application for a declaration or alteration of interests in property or so far as is necessary to furnish particulars concerning financial matters about which the parties are not in agreement.
(8) Where the applicant is a controlling or majority shareholder or a governing or managing director in a proprietary company, he shall file with his application the balance-sheets of the company for the 2 financial years last preceding the application.
Statement by respondent.
98. (1) This regulation applies where an application has been filed seeking an order under Part VIII of the Act and the respondent to the application wishes to contest the order or submit that the court should make a different order.
(2) Where this regulation applies, the respondent shall file a statement of financial circumstances in accordance with Form 19.
(3) Regulation 97 applies in relation to a respondent to which this regulation applies as if he were an applicant for an order referred to in sub-regulation 97 (1).
Financial enquiry on behalf of the court.
99. (1) This regulation applies to proceedings for an order under Part VIII or XIII of the Act.
(2) In proceedings to which this regulation applies, the court may, of its own motion or at the request of either party—
(a) request the registrar or other person specified in its order to make a full enquiry into the financial resources of the parties or of any of them, or such partial enquiry as the court may direct;
(b) require that a party or other person be examined before the court or a registrar as to any financial matter relevant to the proceedings;
(c) make any other order (including an order as to costs of the inquiry) as it thinks fit.
(3) In making an order under paragraph (2) (a), the court may specify that the inquiry be made by a qualified accountant or other suitable person, and, if it does so, may make such order as to fees, costs and expenses as it thinks fit.
(4) In making an order under sub-regulation (2), the court may specify whether it requires a report to be made to it by the person making the inquiry or examination.
Consolidation of proceedings.
100. (1) Where more than one application relating to a marriage has not been determined, the court or a registrar may order that the applications be heard together.
(2) Such an order may specify the party who shall be deemed to have the carriage of the consolidated proceedings.
Change of venue.
101. (1) A party who has filed a pleading in proceedings instituted in a Registry of the Family Court may apply to the Court or a registrar to have the proceedings heard in the Family Court in another place in Australia.
(2) A party who has filed a pleading in proceedings instituted in the Supreme Court of a State or Territory may apply to the Court or a registrar to have the proceedings heard at another place within that State or Territory.
(3) In considering the application, the Court or registrar shall have regard to—
(a) the availability of an alternative court to hear the proceedings;
(b) the convenience of the parties;
(c) the limiting of expense and the cost of the proceedings; and
(d) any other relevant matter,
and, if it is satisfied that it is in the interests of justice so to do, the Court or registrar shall order that the hearing proceed at another place specified in the order.
Transfer of proceeding to Family Court.
102. (1) Where a party to proceedings applies to the Family Court for an order under sub-section 40 (6) of the Act, the application shall be heard by a Judge of the Family Court.
(2) In considering the application, the Family Court shall have regard to—
(a) the availability of a court to hear the proceedings;
(b) the convenience of the parties;
(c) the limiting of expense and the cost of the proceedings; and
(d) any other relevant matter.
(3) Where the Court makes an order under sub-section 40 (6) of the Act, the registrar shall transmit the order to the registrar of the Supreme Court from which the proceedings have been transferred whereupon the latter registrar shall forward to the Registry of the Family Court specified in the order the court papers in the proceedings.
(4) Thereafter, the Family Court shall proceed as if the proceedings had been originally instituted in that Court.
Transmission of court papers.
103. (1) Where an order to transfer proceedings is made under section 45 or 46 of the Act, the court papers shall be transmitted by the registrar to the court to which the proceedings have been transferred.
(2) Thereafter the court to which the proceedings have been transferred shall proceed as if the proceedings had been originally instituted in that court.
(3) Where further proceedings between parties are instituted in a court other than the court in which earlier proceedings were heard and determined, the registrar of the first-mentioned court may request the registrar of the other court to transmit to him the court papers in the earlier proceedings, and the registrar of that other court shall comply with the request.
Part XII—Hearing and Evidence
Right of appearance.
104. (1) A party to proceedings or a person entitled under section 106 of the Act to take proceedings for the enforcement of a decree (including an officer of the court) may appear personally or by a legal practitioner.
(2) An authority entitled under section 106 of the Act to take proceedings for the enforcement of a decree may be represented by an officer of the authority or by a legal practitioner.
Right to be present.
Where a court is exercising jurisdiction under section 94 or 96 of the Act, or in any other case where the parties consent or the court considers that it is desirable in the public interest, the court may direct that a person may be present in court during the whole or such part of the proceedings as the court thinks fit.
Hearing of undefended applications for divorce.
(1) Where an application for a decree of dissolution of marriage is not defended, the court may hear and determine the application on affidavit evidence.
(2) Where there is no child of the marriage to whom section 63 of the Act applies, a party who is represented by a legal practitioner is not required to attend the hearing unless the court otherwise directs.
(3) Where there is a child of the marriage to whom section 63 of the Act applies, the court shall, subject to sub-regulation (4), require a party to the marriage to be present at the hearing and give oral evidence concerning the welfare of the child.
(4) Sub-regulation (3) does not apply where the court is satisfied by affidavit or any other material before it that the attendance of a party to the marriage is not necessary to enable the court to make a determination under section 63 of the Act.
Hearing of applications for nullity or defended divorce.
Unless the court otherwise directs, evidence in an application for a decree of dissolution of marriage that is defended or in an application for a decree of nullity shall be given orally.
Hearing or other applications.
(1) In applications other than applications referred to in regulations 106 and 107, evidence may be given orally or by affidavit, as the court directs.
(2) On the hearing of such an application, the court may, with the consent of the parties to the proceedings—
(a) dispense with such procedures and formalities as it thinks fit; and
(b) inform itself on any matter in such manner as it thinks just notwithstanding any rules of evidence to the contrary.
(3) On the hearing of such an application, the court may request any other court having jurisdiction under the Act—
(a) to take evidence from any person, including a party to the application;
(b) to report upon any such evidence; or
(c) to make recommendations with respect to the application.
(4) Where the court has been furnished with a report or recommendations under sub-regulation (3), it shall not proceed with the hearing of the application unless any person adversely affected by the report or recommendations has been served with a copy of it or service of the copy has been dispensed with.
(5) Where the court makes a request under sub-regulation (3), it may request that, if practicable, the evidence be recorded by videotape, film, sound recording or other electronic means and that the recording be transmitted to it.
Consent orders.
(1) Nothing in these Regulations prevents the court or a registrar, as the case may be, from making, with the consent of the parties to the proceedings and in accordance with the practice of the court, an order determining the proceedings or relating to the proceedings.
(2) This regulation does not apply to orders in proceedings for principal relief, or to orders for approval of maintenance agreements under section 87 of the Act.
Addresses.
110. On an application, addresses of the parties or their counsel shall be made in such order as the court directs.
Court may call evidence.
111. (1) In proceedings before it, the court may, of its own motion, call any person before it as a witness.
(2) Where such a person is called, the court may give such directions as to examination and cross-examination as it thinks fit.
(3) The court may make such order against a party to the proceedings as to the expenses of the attendance of the witness as it thinks fit.
Separate representation of children.
112. (1) An application under section 65 of the Act by or on behalf of a child may be dealt with by the court notwithstanding the fact that a guardian ad litem has not been appointed for the child.
(2) Where the court orders that a child be separately represented in accordance with section 65 of the Act, it may request that the representation be arranged by the Australian Legal Aid Office.
Summons to appear and produce documents.
113. (1) A registrar may, on the direction of the court or at the request of a party to proceedings, issue a summons on behalf of the court to a person to attend before the court or a registrar at the time and place specified in the summons and then and there to give evidence and to produce any books or documents or other things in his custody or control that he is required by the summons to produce.
(2) A summons under sub-regulation (1) shall be in accordance with Form 20.
(3) Service of a summons issued under sub-regulation (1) shall be effected by serving a sealed copy of the summons on the person named in the summons in accordance with paragraph 44 (1) (a).
(4) At the time of service, the person serving the summons shall tender to the person named in the summons sufficient money to enable him to travel between his place of residence or employment (whichever is appropriate) and the court.
(5) Where a person named in a summons for the production of any book, document or other thing is not a party to the proceedings, the summons may, unless the registrar otherwise orders, permit him to produce the book, document or thing to an officer of the court at the place stated in the summons not later than the day before the date specified in the summons for the production of the book, document or thing.
(6) A summons under this regulation may be issued by any registrar of a court having jurisdiction under the Act in the city or town where the relevant application is to be heard.
Duty of witness to attend and remain in attendance.
114. (1) A person summoned under regulation 113 to attend shall not, unless excused by the court or a registrar, fail to appear in obedience to the summons, at the time and place specified in the summons and then from day to day.
Penalty: $500.
(2) A person summoned under regulation 113 to produce a book, document or thing to the court shall not, without reasonable cause or excuse, fail to produce the book, document or thing in obedience to the summons.
Penalty: $500.
(3) If a person so summoned does not appear, a Judge or Magistrate may, on being satisfied that the person was duly served and tendered expenses in accordance with sub-regulation 113 (4), issue a warrant under his hand for the apprehension of that person.
(4) A warrant so issued authorizes the apprehension and bringing of the person before the court and his detention in custody until released by the court.
(5) The court may, pending the hearing of the proceedings for which the summons was issued—
(a) direct that the person be kept in custody; or
(b) direct that he be released with or without security in such sum as the court may direct that he will attend the hearing.
(6) A warrant so issued may be executed by any member of a police force of Australia or of a State or Territory, or by a marshal or his deputy of the Family Court, or by any person to whom it is addressed.
Expenses for witnesses.
115. (1) A person who attends in obedience to a summons under regulation 113 is entitled to be paid the witness fees and travelling allowances according to the scale of fees and allowances payable to witnesses in the Supreme Court of the State or Territory in which he is required to attend, or, in special circumstances, such fees and allowances as the court or a registrar directs (less any amount previously paid to him in accordance with sub-regulation 113 (4)).
(2) Unless the court or a registrar otherwise orders, the fees and allowances are payable by the person at whose request the witness was summoned.
Children at court.
116. (1) A Judge or Magistrate may interview in his chambers or elsewhere any child who is the subject of proceedings under Part VII of the Act.
(2) The interview may be in the presence of a welfare officer or another person specified by the Judge or Magistrate.
(3) Evidence of anything said at the interview shall not be admissible in any court.
(4) Where a child is separately represented under section 65 of the Act, he may not be interviewed under sub-regulation (1) unless his counsel or solicitor consents.
(5) A child who is under the age of 18 years shall not be called as a witness or remain in a court exercising jurisdiction under this Act unless the court otherwise orders.
Reports of welfare officers.
Where a report has been obtained from a welfare officer in accordance with sub-section 62 (4) or 63 (2) of the Act, the court may—
(a) furnish copies of the report to the parties or their legal practitioners, or to a legal practitioner separately representing a child under section 65 of the Act;
(b) receive the report in evidence;
(c) permit oral examination of the person making the report; or
(d) give such directions as to the future disposition of the report and any copies of the report as it thinks fit.
Orders for examination of witnesses and letters of request.
118.(1) A court may, at any stage of proceedings—
(a) order the examination of any person upon oath or affirmation, orally or on interrogatories, before a Judge, a Magistrate, an officer of the court or any person named in the order, and at any place in Australia; or
(b) order a commission to be issued to any person either within or outside Australia authorizing that person to take the evidence of any person upon oath or affirmation, orally or on interrogatories.
(2) The court may—
(a) give any necessary directions concerning the time, place and manner of such examination or taking of evidence, including a request that, if practicable, the examination or taking of evidence be recorded by videotape, film, sound recording, or other electronic or mechanical means; or
(b) receive in evidence in the proceedings the record so taken on such terms as the court thinks fit.
(3) A court may, for the purpose of proceedings in that court, and at any stage of the proceedings, make an order for the sending of a letter of request to the judicial authorities of another country to take, or cause to be taken, the evidence of any person.
(4) Upon the making of an order under sub-regulation (3) for the sending of a letter of request, the party obtaining the order shall—
(a) lodge with the registrar—
(i) a form of the appropriate letter of request;
(ii) the interrogatories (if any) and cross-interrogatories (if any) to accompany the letter of request; and
(iii) where English is not an official language of the country to whose judicial authorities the letter of request is to be sent, a translation of each of the documents mentioned in subparagraphs (i) and (ii) in an official language appropriate to the place where the evidence is to be taken; and
(b) file—
(i) a copy of each of the documents referred to in paragraph (a); and
(ii) unless the court otherwise directs, an undertaking by the party obtaining the order to be responsible for all expenses incurred by the court or by any person at the request of the court in respect of the letter of request and, on being given notice of the amount of any such expenses, to pay the amount to the registrar.
(5) A translation lodged under sub-paragraph (4) (a) (iii) shall be certified by the person making it to be a correct translation, and the certificate shall state the translator’s full name and address and his qualifications for making the translation.
(6) Upon receipt of the documents referred to in paragraph (4) (a), the registrar shall seal the documents with the seal of the court and transmit them to the Secretary for transmission to the judicial authority of the other country.
(7) The court may empower a party to put in evidence in the proceedings any evidence taken as the result of an order under sub-regulation (3) on such terms as the court thinks fit.
Powers of registrar in hearing applications.
(1) Where under these Regulations, a registrar has power to hear a matter, that power includes the power to summon witnesses and examine the witnesses on oath or affirmation.
(2) A registrar has, in the performance of his duties in connexion with the hearing of a matter, the same protection and immunity as a Judge or Magistrate, as the case may be.
(3) A party, legal practitioner or witness appearing before a registrar has the same protection and immunity as a party, legal practitioner or witness has in appearing in proceedings in a court having jurisdiction under the Act.
Part XIII—Appeals
Appeals to Full Court of the Family Court.
120. (1) An appeal under section 94 of the Act shall be instituted by the filing of a notice of appeal in accordance with Form 21.
(2) The appellant shall cause a copy of the notice of appeal to be served on the other parties to the proceedings in accordance with paragraph 44 (1) (a) or (c).
(3) The Chief Judge or a Senior Judge of the Family Court may direct that the notice of appeal be served on any other person.
(4) The notice of appeal shall state—
(a) whether the whole, or part only, and what part of the decree is appealed from;
(b) briefly, but specifically, the grounds relied upon in support of the appeal; and
(c) what decree the appellant seeks in lieu of that appealed from.
(5) The original notice of appeal and a copy of the notice shall be filed in the Principal Registry of the Family Court and the Principal Registrar shall forward the copy to the office of the court appealed from.
(6) The original notice of appeal and the copy may be filed by post, telegram or telex.
(7) The notice of appeal shall be filed and served—
(a) within 28 days after the date when the decree appealed from was pronounced; or
(b) within such further time as the Chief Judge or a Senior Judge of the Family Court shall direct.
(8) Unless a Judge of the Family Court otherwise directs, an appeal does not operate as a stay of proceedings or invalidate any intermediate act or proceeding.
(9) Where a party other than the appellant desires to cross-appeal, he shall—
(a) within 21 days after service upon him of the notice of appeal; or
(b) within such further time as the Chief Judge or a Senior Judge of the Family Court directs,
file in the Principal Registry a notice of cross-appeal and a copy of the notice of cross-appeal, serve a copy of the notice upon all other parties to the proceedings in accordance with paragraph 44 (1) (a) or (c).
(10) The Principal Registrar shall forward a copy of the notice of cross-appeal to the court appealed from.
(11) Sub-regulations 120 (3), (4) and (6) apply in relation to a notice of cross-appeal as if it were a notice of appeal.
Appeal papers and fixing of hearing.
(1) Upon the filing of a notice of appeal in accordance with regulation 120, the Principal Registrar shall—
(a) obtain from the court appealed from or its court reporting branch the original or a copy of the transcript of the proceedings in that court;
(b) obtain from the registrar or other proper officer of the court appealed from—
(i) the exhibits and a list of exhibits certified by the registrar or officer;
(ii) a certificate from the registrar or officer as to the whereabouts of exhibits not immediately available;
(iii) all the other documents before the court appealed from and a list thereof certified by such officer; and
(iv) the reasons for judgment (if any) in the court appealed from certified by the registrar or officer or a Judge’s clerk or associate; and
(c) obtain from the person in whose custody they are the exhibits referred to in sub-paragraph (1) (b) (ii).
(2) The Principal Registrar shall retain the documents and exhibits obtained under sub-regulation (1) until the disposal of the appeal and shall thereupon return them to the officers or persons from whom he obtained them.
(3) The Principal Registrar shall appoint a time and place for the settlement of the appeal papers and shall in writing request the parties to the appeal to attend the appointment to settle those papers.
(4) At the appointment to settle the papers, the Principal Registrar shall—
(a) determine what documents and other material shall be included in the appeal papers, the order of inclusion, the indexing, and such other matters as he thinks fit concerning the preparation of copies of the papers;
(b) note any correction to the transcript; and
(c) if practicable and, subject to any general or specific direction from the Chief Judge, fix a date and place for the hearing of the appeal.
(5) The appeal papers may be prepared by the Principal Registrar or, at his direction, by a party to the appeal.
(6) When the appeal papers have been prepared the appellant shall—
(a) file one copy in the Principal Registry;
(b) lodge with the Principal Registry such number of copies as the Principal Registrar may direct; and
(c) serve 3 copies on each other party to the appeal.
(7) For the purposes of this regulation, “exhibit” includes a document or thing marked for identification, notwithstanding that it was not admitted in evidence.
(8) Where an appellant fails to prosecute an appeal with reasonable diligence, the Principal Registrar shall report the matter to the Chief Judge, and the Chief Judge may call upon the appellant to show cause why the appeal should not be dismissed, dismiss the appeal, take such steps, or make such orders, as the Chief Judge thinks fit.
Appeals from courts of summary jurisdiction.
122. (1) An appeal under section 96 of the Act shall be instituted by the filing of a notice of appeal in accordance with Form 22.
(2) A notice of appeal under sub-regulation (1) shall be filed, within 28 days after the making of the decree appealed from, in the court that is to hear the appeal.
(3) Within 14 days after the filing of a notice of appeal in accordance with sub-regulation (2), a copy of the notice of appeal shall be served in accordance with paragraph 44 (1) (a) or (c) on the other parties to the proceedings and a further copy shall be lodged in the office of the court appealed from.
Review of decision of registrar.
123. (1) Where a registrar hears an application made to him under these Regulations, a party to the application who is aggrieved by the decision of the registrar may, within 14 days after the decision is given, file a request for a review of that decision in accordance with Form 23.
(2) The request shall be served on the other parties to the proceedings in accordance with paragraph 44 (1) (a) or (c).
(3) The review by the court of a decision of a registrar shall be by way of a re-hearing and the court may permit evidence additional to evidence that was before the registrar to be given on the re-hearing.
(4)Upon the review of a decision of a registrar, the court may affirm, reverse or vary the decision which is the subject of the review and may make such order as, in the opinion of the court, ought to be made.
Part XIV—Decrees
Decree of dissolution of marriage.
124. A decree of dissolution of marriage shall be in accordance with Form 24.
Decree of nullity.
A decree of nullity of marriage shall be in accordance with Form 25.
Death of party after decree nisi but before decree absolute.
126. (1) Where, after a decree of dissolution of marriage has been made but before the decree has become absolute, it comes to the notice of any person that a party to the marriage has died, that person may file an affidavit or certificate stating particulars of the date and place of the death.
(2) Where the registrar is satisfied that a party to the marriage has died, he shall endorse the court papers to that effect.
Decree absolute.
127. (1) A memorandum referred to in sub-section 56 (1) of the Act shall be in accordance with Form 26.
(2) A certificate referred to in sub-section 56 (2) of the Act—
(a) shall be in accordance with Form 27; or
(b) shall be a certificate, endorsed on a copy of the decree nisi, in accordance with Form 28.
Certificate of decree or order.
128. (1) Except where the court or a registrar otherwise directs, all decrees made by a court having jurisdiction under the Act shall be drawn up and signed by the registrar of the court.
(2) Each party to the proceedings is entitled to receive from the court office a sealed copy of the decree without fee.
(3) If a party wishes to claim that the decree as signed contains an error, he shall draw the attention of the registrar to the error as soon as possible.
(4) The registrar shall rectify any error on the face of the decree and in a case of doubt shall refer it to the Judge or Magistrate who dealt with the matter, who shall take such steps to rectify the decree as he thinks fit.
Registration of decrees.
129.(1) A decree made under the Act (other than a decree for principal relief) may be registered in any court having jurisdiction under the Act by filing a sealed copy of the decree in that court.
(2) A decree may be filed under sub-regulation (1)—
(a) by a party to the proceedings in which the decree was made;
(b) a child of the marriage who is a beneficiary under the decree;
(c) an officer of the court;
(d) an authority or person entitled under section 106 of the Act to take proceedings for the enforcement of the decree; or
(e) with the leave of the court, any other person.
(3) A decree so filed and registered shall be numbered in accordance with regulation 32.
Rescission where parties reconciled.
An application for rescission of a decree nisi on the ground that the parties have been reconciled may be supported by the joint affidavit of the parties, affidavits from each of them, or oral evidence.
Rescission of decree nisi on ground of miscarriage of justice.
(1) A party to proceedings who makes application for the rescission under section 58 of the Act of a decree nisi shall file an affidavit stating the facts and circumstances upon which he relies.
(2) The application and affidavit shall be served on the other party to the proceedings in accordance with paragraph 44 (1) (a) or (b).
(3) This regulation applies to the Attorney-General if he intervenes to set aside a decree nisi.
Part XV—Enforcement
Enforcement of maintenance, fines and penalties.
132. (1) This regulation applies to—
(a) an order that a party to a marriage pay maintenance or other money for the benefit of the other party to the marriage or of a child of the marriage;
(b) an order for costs under sub-section 117 (2) or section 118 of the Act;
(c) an order that a person pay a fine under sub-section 70 (6) or 114 (4) of the Act;
(d) an order that a person pay a fine under these Regulations; or
(e) an order under sub-section 82 (7) of the Act for the recovery of moneys.
(2) Where a court orders a person to pay maintenance or other money for the benefit of a party or child of a marriage, the court shall, in its order, stipulate—
(a) the time or times by which the maintenance or money is to be paid;
(b) the person, authority or court to whom the maintenance or money is to be paid; and
(c) where necessary, the means by which the payments shall be made or disbursed.
(3) Where a court imposes a fine, the court shall specify the time in which, or the instalments by which, the fine is to be paid, and shall further order that the fine be paid into the office of that court.
(4) Where the person ordered to pay maintenance or other money, or a fine, is not present or represented by his counsel or solicitor in court when the order is made, a sealed copy of the order shall be served on that person in accordance with paragraphs 44 (1) (a), (b) or (c) by—
(a) in case of a fine imposed by the court—an officer of the court or by a person appointed by the registrar; and
(b) in any other case—by a representative or agent of the person for whose benefit the order was made.
(5) An order to which this regulation applies may be enforced by one or more of the following means:—
(a) garnishment;
(b) seizure of property;
(c) sequestration of estate,
(6) Where a person ordered to pay maintenance or other money for the benefit of a party or child fails or refuses to make the payment, proceedings for the enforcement of the payment may be taken by the party or child for whose benefit the order was made or on behalf of that party or child by an officer of the court or an authority or person referred to in sub-regulation (7).
(7) For the purposes of paragraph 106 (b) of the Act, each authority or person for the time being holding office as Collector of Maintenance under a law of a State or Territory is an authority or person entitled to take proceedings for the enforcement of payment of moneys payable under a maintenance order under Part VIII on behalf of the person entitled to those moneys.
(8) Where a person ordered to pay a fine fails or refuses to do so, proceedings for the enforcement of the payment of that fine shall be taken by the registrar of the court and not by a party.
(9) Where, immediately before the date of commencement of the Act, an order that a party to a marriage pay maintenance or other money for the benefit of the other party to the marriage or of a child of the marriage was registered in a court that has jurisdiction under the Act, that order may be enforced in accordance with this regulation as if it were an order registered in that court in accordance with these Regulations.
(10) An application for the enforcement of an order under this regulation shall state whether any other decree is in force for the enforcement of the order.
Oral examination.
133. (1) In matters to which regulation 132 applies, the registrar shall, on the application of the authority or person entitled to institute proceedings for enforcement of decrees, issue for service on the respondent a notice in accordance with Form 29.
(2) In matters to which regulation 132 applies, the registrar or other authority or person entitled to institute proceedings for enforcement of decrees may apply to the court for an order that the person who has failed or refused to comply with an order of the court—
(a) attend before the court or registrar and be orally examined on all matters relating to his failure or refusal to comply with the order; or
(b) produce any document or thing in his possession, power or custody relating to his failure or refusal to comply with the order.
and the court may, as it thinks fit, make such an order.
(3) An application under sub-regulation (2) may be made ex parte.
(4) In making an order referred to in sub-regulation (2), the court shall give such directions as to service, notices to produce, summonses, and any other matters as it thinks fit.
(5) A person shall not, without reasonable cause or excuse, fail to attend on an examination or produce a document or answer a question as required by an order under sub-regulation (2).
Penalty: $500.
(6) Where a person fails to attend on an examination as required by an order under sub-regulation (2), a court may, for the purpose of giving effect to the order, issue a warrant directing that the person be taken into custody and brought before the court for examination.
(7) The court may, pending examination—
(a) direct that the person be kept in custody; or
(b) direct that he be released with or without security in such sum as the court may direct that he will attend in person for the examination.
(8) The court may, during or at the conclusion of an examination under this regulation, make such orders to enable enforcement of the court’s orders and to prevent the dissipation of property or the wasting of assets as it thinks fit.
Garnishment.
134. (1) In this regulation, unless the contrary intention appears—
“ applicant ” means a person or authority instituting proceedings under sub-regulation (2);
“ garnishee ” means a person or corporation, Australia, a State, or an authority or institution constituted by or under a law of Australia, a State or Territory, from whom the applicant claims that money is due or accruing to the respondent;
“ respondent ” means the person who has refused or failed to comply with an order of the court specified in regulation 132.
(2) In matters to which regulation 132 applies, a party to the proceedings that resulted in the making of the order, the registrar or other authority or person entitled under that regulation to take proceedings for enforcement may apply to the court for a garnishment order.
(3) An application for a garnishment order may be made ex parte.
(4) The following moneys may be the subject of a garnishment order:—
(a) a sum standing to the credit of the respondent in a bank, building society, credit union, investment fund or corporation, that is payable to the respondent on call or on notice;
(b) the earnings of the respondent from any wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary), pension, annuity, moneys payable in lieu of leave or retirement benefit due or accruing to the respondent;
(c) any debt or other sum of money due or accruing to the respondent.
(5) An application for a garnishment order shall state—
(a) particulars of the moneys payable by the respondent;
(b) efforts made by the applicant or any other person to obtain payment of those moneys;
(c) details of any relevant information furnished by the respondent in response to a notice under sub-regulation 133 (1) or obtained in an examination under regulation 133;
(d) particulars of the moneys referred to in sub-regulation (4); and
(e) the order sought against the garnishee.
(6) Where the application for a garnishment order is made by a person other than the registrar, it shall be verified by affidavit.
(7) The court shall, in respect of an application for a garnishment order—
(a) make the order sought; or
(b) dismiss the application.
(8) The court may, in proceedings on an application for a garnishment order—
(a) adjourn the proceedings and require the garnishee and the respondent or either of them to be served with a copy of the application;
(b) give directions as to service and the further hearing of the proceedings; and
(c) make such other order as it thinks necessary to prevent the moneys, which are the subject of the application, disappearing or being dissipated.
(9) Where the court makes a garnishment order attaching the earnings of the respondent, it shall—
(a) specify the periodic amount to be deducted from the respondent’s earnings in satisfaction of the order, that is to say, the “ normal deduction rate ”;
(b) specify an amount fixed by the court as the amount below which the respondent’s earnings shall not be reduced by compliance with the order, that is to say, the “ protected earnings rate ”;
(c) specify the person to whom, the place at which and the manner of payment of amounts to be paid by the garnishee under the order;
(d) specify the amount that the garnishee may deduct from the normal deduction rate referred to in paragraph (a) for administrative expenses; and
(e) specify the date from which the payments shall commence.
(10) A sealed copy of an order under sub-regulation (7) shall be served on the garnishee and on the respondent in accordance with paragraph 44 (1) (a) or (b).
(11) A garnishee who has been served with a garnishment order—
(a) may apply to the court disputing his liability to make payments under the order; or
(b) shall comply with the order.
(12) If the garnishee applies to the court disputing the order, he shall file an affidavit setting out the facts and circumstances upon which he disputes the order, and serve a copy of the affidavit on the applicant and the respondent in accordance with regulation 44.
(13) On the hearing of an application by a garnishee disputing his liability to make payments under a garnishment order, the court—
(a) may proceed with the hearing and determination of the dispute notwithstanding that the respondent has not been served with the application; and
(b) shall hear and determine the matter in dispute and make such order, including an order as to costs, as it thinks lit.
(14) Where a person complies with an order under sub-regulation (7), his compliance with the order shall be a valid discharge of his indebtedness to the respondent to the extent of the amount or amounts paid under the order.
(15) The court may on application, or of its own motion, vary or discharge an order under sub-regulation (7) upon such conditions as it thinks fit.
(16) Where an order is varied or discharged under sub-regulation (15), the court shall give such orders as to service of the new order on the garnishee and other persons as it thinks fit.
(17) The provisions of sub-regulation (11) apply, insofar as they are applicable, to an order that has been varied or discharged under sub-regulation (15).
(18) An amount standing to the credit of a respondent in an account in a bank, building society, co-operative housing society or similar society, credit union or credit society, or investment fund or corporation, that is payable to the respondent on call or on notice shall, for the purposes of this regulation, be a debt due, owing or accruing to the respondent, notwithstanding that any condition relating to the account or a demand for payment under the account is unsatisfied.
(19) Subject to this regulation, a garnishee shall not, without reasonable cause or excuse—
(a) fail to comply with an order made under sub-regulation (7), (13) or (15); or
(b) dismiss a respondent from his employment, injure a respondent in his employment, or alter the respondent’s position to his prejudice, by reason of an order made under this regulation.
Penalty: $500.
(20) A conviction against sub-regulation (19) does not limit, restrict or otherwise affect any obligation that the garnishee may have in relation to the respondent or any right or remedy that the respondent may have against the garnishee under any other law of Australia or of a State or Territory.
(21) For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under this regulation in relation to the enforcement of a maintenance order shall have the same force and effect as an order made under the Third Schedule to the repealed Act.
(22) A pension, annuity or allowance that is protected from garnishment or encumbrance under any law shall not be subject to an order under this regulation.
(23) Where an order under this regulation is in force and the respondent ceases to be employed by the garnishee, the respondent and the garnishee shall, within 10 days after the respondent ceases to be so employed, each give notice to the court—
(a) notifying that the respondent has ceased employment with the garnishee;
(b) specifying the date on which the employment ceased;
(c) specifying the new employer (if any) and place of employment of the respondent; and
(d) specifying his earnings from his new employer.
Penalty: $500.
(24) Where the court receives a notice under sub-regulation (23), it shall notify the applicant in writing and, if no written objection is received from the applicant or the respondent within a reasonable time, it may, of its own motion, issue a fresh order similar to the order then existing naming the new employer as garnishee in the order.
Seizure of property.
135. (1) In matters to which regulation 132 applies, the registrar or other authority or person entitled under that regulation to take proceedings for enforcement may apply to the court for an order for seizure of personal property belonging to a person who has failed or refused to comply with an order of the court specified in that regulation.
(2) An application under sub-regulation (1) may be made ex parte.
(3) An application for seizure of property under sub-regulation (1) shall state—
(a) particulars of the moneys not paid by the person against whom the order is sought;
(b) efforts made by the applicant or another person to obtain payment of the moneys;
(c) details of any relevant information furnished by the respondent in response to a notice under sub-regulation 133 (1) or obtained in an examination under regulation 133; and
(d) details of personal property owned or believed to be owned by the person against whom the order is sought.
(4) Where the application is made by a person other than the registrar, it shall be verified by affidavit.
(5) Where an application is made under sub-regulation (1), the court may order an officer of the court or other person specified in the order to seize some or all of the personal property of the person named in the order.
(6) An order made under sub-regulation (5) shall specify the amount owing by the person named in the order and may include such further amount to cover the expenses of obtaining and executing the order as the court thinks fit.
(7) If the person named in the order pays to the officer or other person specified in the order or into court the total of the amounts specified under sub-regulation (6), the order shall be deemed to have been complied with and no further steps shall be taken under it.
(8) Where it appears to the officer or other person specified in the order that the property ordered to be seized in accordance with sub-regulation (5) is substantially greater in value than the amounts specified under sub-regulation (6), he shall first seize and realize so much of the property as appears to him to be sufficient.
(9) The officer or other person specified in the order shall seize or realize the property—
(a) in such order as seems to him best for the speedy execution of the order without undue expense;
(b) subject to paragraph (a), in such order as the person named in the order may direct; and
(c) subject to paragraphs (a) and (b), in such order as appears to him best for minimizing hardship to the person named in the order and any other person affected.
(10) The officer or other person specified in the order shall, in relation to all property seized by him—
(a) put the property up for sale as quickly as possible having regard to the interests of the parties and to the desirability of avoiding sacrificing the reasonable value of the property;
(b) put the property up for sale at the place where it seems best for a beneficial realization of the property;
(c) advertise the sale in such manner as he thinks fit; and
(d) sell the property by auction or private treaty.
(11) The officer or other person specified in the order shall pay the proceeds of sale into the office of the court, whereupon the registrar shall apply the proceeds of the sale paid into the office of the court—
(a) first, in or towards the discharge of the amount specified under sub-regulation (6) for the expenses of obtaining and executing the order; and
(b) then, in or towards the discharge of the amount specified in the order under that sub-regulation as the amount owing by the person named in the order.
(12) The registrar shall—
(a) if he considers that the person named in the order may have a continuing financial obligation to a party or to a child of the marriage— retain the balance to be dealt with in accordance with the further order of the court; or
(b) in any other case—pay the balance, if any, to the person named in the order.
(13) Where the registrar retains moneys under paragraph (12) (a) he shall report his actions to the court, whereupon the court, having regard to any continuing financial obligation that the person named in the order may have to a party or to a child of the marriage, shall make such order as to the further disposition of the moneys as it thinks fit.
(14) Where the court makes an order under sub-regulation (13), it shall make such further orders as to service of the order and other matters related thereto as it thinks fit.
136. (1) Where a decree has been made under the Act and the person against whom the decree has been made fails or refuses to comply with the decree, the registrar or a party to proceedings under the Act may apply to the court for an order that the estate of the person against whom the decree has been made be sequestrated.
(2) An application for an order under sub-regulation (1) shall state—
(a) particulars of the estate sought to be sequestrated;
(b) the precise order sought;
(c) the reasons for seeking the order; and
(d) the attempts to obtain compliance with the order by other means.
(3) The application shall be verified by the affidavit of the applicant.
(4) Where an application has been made under sub-regulation (1), the court may make an order—
(a) sequestrating the estate in part or in whole; and
(b) appointing an officer of the court or other named person receiver of the estate.
(5) In urgent cases, the court may hear the application ex parte and make but such an order shall be expressed to operate only until the further court.
(6) Where the court makes an order under sub-regulation (5), it may give such directions as to service and the further hearing of the application as it thinks fit.
(7) A court may, on application by a person whose estate has been sequestrated in pursuance of an order under this regulation, discharge the order upon such terms and conditions as the court thinks fit.
Procedure on contempt charges.
137. (1) Where it is alleged, or it appears to a court, that a person is guilty of contempt in the face of that court, the court may—
(a) order the person to be brought before the court; or
(b) issue a warrant for the arrest of that person.
(2) When the person is before the court, the court—
(a) shall cause him to be informed orally of the contempt with which he is charged;
(b) may require him to show cause why he should not be dealt with for the contempt;
(c) after hearing him and any evidence he wishes to offer, may determine whether he is in contempt, whether he has purged his contempt, and whether he should be punished for his contempt; and
(d) may make an order for his punishment or discharge, as provided by sub-section 108 (5) of the Act.
(3) The court may, pending disposal of the charge—
(a) direct that the person be kept in custody; or
(b) direct that he be released with or without security in such sum as the court may direct that he will appear in person to answer the charge.
(4) If a person alleges that another person has wilfully disobeyed a decree of a court, he may file in that court an application in accordance with Form 6 together with an affidavit setting out the details of the alleged wilful disobedience.
(5) A copy of the application and affidavit shall be served in accordance with paragraph 44 (1) (a) on the other person.
(6) If, on the hearing of the application, the other person does not appear, the court may act in accordance with sub-regulation (1).
(7) If, on the hearing of the application, the other person appears, the court may act in accordance with sub-regulation (2).
Certificate as to payments under maintenance order.
(1) Where a registrar or a public authority is specified in an order of a court as the person to whom maintenance payable under the order is to be paid, he shall, at the request of the person who obtained the order, give to that person a certificate—
(a) stating the amount that, according to the records of the court or authority, has been paid under the order; and
(b) the amount that, according to those records, remains unpaid.
(2) A certificate so given shall be prima facie evidence of the matters contained in it.
Interstate enforcement of affiliation and similar orders.
139.(1) This regulation applies to orders specified in section 109 of the Act.
(2) A reference in this regulation to an order made by a court shall be read as including a reference to an order made by another court on an appeal in connexion with proceedings that originated in the first-mentioned court.
(3) For the purposes of this regulation, a person working in a place, whether temporarily or permanently, shall be deemed to be resident in that place as well as in the place where he is in fact resident.
(4) Where an order to which this regulation applies is still in force and it appears that the person against whom the order has been made is resident in, or proceeding to, a State or Territory, other than the State or Territory in which the order was made, the registrar of the court in the State or Territory in which the order was made may, of his own motion, or on the application of a person for whose benefit the order was made, send to a court having jurisdiction under the Act in that other State or Territory—
(a) 3 certified copies of the order;
(b) a certificate setting out the amounts payable and remaining unpaid under the order;
(c) such information and material (if any) as the registrar possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and
(d) a request in writing that the order be made enforceable in that State or Territory.
(5) Where the registrar of a court receives the documents referred to in sub-regulation (4), he shall, if it appears to him that there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to the area over which the court has jurisdiction, register the order by filing in the court a certified copy of the order and certificate and noting the fact and date of the registration on that certified copy.
(6) An order so registered is, until the registration is cancelled, enforceable in that court both with respect to any moneys or arrears presently payable under the order and with respect to amounts becoming due under the order after it is so registered,
(7) Upon registration of the order, the registrar shall—
(a) notify the registrar of the requesting court of the registration; and
(b) cause a certified copy of the order to be served upon the person against whom the order has been made, together with a notice of registration of the order in the court—
(i) specifying the amount (if any) of the moneys and arrears due under the order; and
(ii) stating that payments under the order are to be made to the office of the court.
(8) Service of the documents under sub-regulation (7) shall be in accordance with paragraph 44 (1) (a) or (b).
(9) Where an order has been registered in accordance with this regulation and the registrar has reasonable grounds for believing that the person against whom the order has been made is no longer resident in the State or Territory in which the order has been registered but is or is about to be resident in another State, he shall forthwith notify the registrar of the court in which the order was made accordingly and shall give him such information as he possesses concerning the whereabouts and intended movements of that person.
(10) Where—
(a) an order has been registered in accordance with this regulation; and
(b) the registrar receives from the requesting court a request in writing that the order be no longer enforced,
the registrar shall cancel the registration by noting the fact and date of the cancellation on the certified copy of the order filed in the court
(11) Upon the cancellation of the registration of an order—
(a) the order ceases to be enforceable by the court in which it has been registered;
(b) the order remains unenforceable by that court unless and until it is again registered in that court; and
(c) every warrant or other process arising out of the registration of the order ceases to have force or effect.
Part XVI—Overseas Orders
Registration of overseas custody orders.
(1) Where the Secretary receives—
(a) a certified copy of an overseas custody order from a prescribed overseas country; and
(b) a certificate signed by an officer of a court or by other authority in a prescribed overseas country relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that country,
the Secretary shall, if it appears to him that there are reasonable grounds for believing that the child who is the subject of the order, a parent of that child, or a person having the right of custody of, or access to, that child, is present in, or proceeding to, Australia, send the documents received by him to a registrar of the Family Court or the registrar of a Supreme Court of a State or Territory.
(2) When a registrar receives from the Secretary the documents referred to in sub-regulation (1), he shall register the order by filing in the court a certified copy of the order and the certificate relating to the order and noting the fact and the date of the registration of the certified copy.
(3) Where an overseas custody order has been registered in accordance with sub-regulation (2), the order may on the application of a registrar or a person interested in the order (including the child who is the subject of the order), be registered concurrently in any other court having jurisdiction under the Act.
(4) A certificate by a court that the order has been registered in that court in accordance with sub-regulation (2) shall be sufficient evidence to enable a concurrent registration to be made.
(5) An overseas order registered in accordance with this regulation is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.
(6) Where it appears to a court that the documents referred to in sub-regulation (1) have been received by the court other than from the Secretary, the court may, if all other conditions of sub-regulation (1) are satisfied, register the order.
(7) Where a court exercising jurisdiction under sub-sections (3) and (4) of section 68 of the Act substantially varies the order, the registrar of the court shall forthwith forward to the court or to the appropriate authority in the prescribed overseas country—
(a) 3 certified copies of the order of the court and the reasons for the order;
(b) a copy of the depositions; and
(c) such further material as the court directs.
(8) Nothing in this regulation precludes a court having jurisdiction under the Act from receiving evidence of an order made by any overseas country (whether or not such a country is a prescribed overseas country) with respect to the custody of, or access to, a child.
Transmission of Australian custody orders to overseas country.
141. (1) Where—
(a) an order made by a court in Australia with respect to the custody of, or access to, a child who has not attained the age of 18 years is still in force;
(b) such an order may be enforced in a prescribed overseas country under provisions corresponding to section 68 of the Act; and
(c) a person having rights of custody or access in relation to that child so requests in writing,
the registrar of the court in which the order was made, registered or last varied shall send to the appropriate court or authority in the prescribed overseas country—
(d) 3 certified copies of the order;
(e) such information and material (if any) as the registrar possesses for ascertaining the identity and whereabouts of the child and any other person who is subject to the order; and
(f) a request in writing that the order be made enforceable in that prescribed country.
(2) Where a court in a prescribed overseas country has made an order under provisions corresponding to sub-section (3) or (4) of section 68 of the Act, a court having jurisdiction under the Act may thereafter treat the order as an overseas custody order and apply to it the principles set out in those sub-sections.
(3) Where a court exercises jurisdiction under sub-regulation (2), the registrar of the court shall forthwith forward to the court in the prescribed overseas country—
(a) 3 certified copies of the further order of the court and the reasons for the order; and
(b) such further material as the court directs.
(4) Nothing in this regulation prevents a person having rights of custody or access in relation to a child under the order from—
(a) obtaining certified copies of the order; or
(b) applying to a court in an overseas country (whether or not it is a prescribed overseas country) for registration and enforcement of the order in that country.
Reciprocating countries.
142. The following countries are declared to be reciprocating countries for the purposes of section 110 of the Act:—
Fiji
Isle of Man
Kenya
Malawi
Malaysia
Manitoba
Nauru
New Zealand
Ontario
Papua New Guinea
Saskatchewan
Sierra Leone
Singapore
Sri Lanka
Tanzania (excluding Zanzibar)
Trinidad and Tobago
United Kingdom
Zambia
Countries with restricted reciprocity.
The following countries are declared to be countries with restricted reciprocity for the purposes of section 110 of the Act:—
Alberta
British Columbia
Cook Islands (including Niue)
Cyprus
Gibraltar
Guernsey, Alderney and Sark
India
Jersey
Malta
Newfoundland
New Brunswick
Nova Scotia
Prince Edward Island
South Africa (excluding Namibia)
Western Samoa
Registration of overseas maintenance orders.
144. (1) Where the Secretary receives—
(a) a certified copy of a maintenance order from a reciprocating country or a country with restricted reciprocity; and
(b) a certificate signed by an officer of a court or other authority in that country relating to the order and containing—
(i) a statement that the order is, at the date of the certificate, enforceable in that country; and
(ii) a statement as to the amount of any arrears due under the order,
the Secretary shall, if it appears to him that there are reasonable grounds for believing that the person against whom the order was made is resident in or proceeding to Australia, send the documents received by him to a court having jurisdiction under the Act.
(2) In the case of an order of a kind referred to in section 109 of the Act or an order consequent upon such an order, the Secretary shall not send the documents relating to the order to the court if it appears to him from those documents that the person against whom the order was made was not duly served with a summons to appear in the proceedings in which the order was made and did not appear in those proceedings or did not consent to the making of the order.
(3) In the case of an order made in a country with restricted reciprocity, the Secretary shall not send the documents relating to the order to the court unless he is satisfied that the order is of a kind referred to in section 74 of the Act or sub-regulation (2).
(4) Where a registrar receives from the Secretary the documents referred to in sub-regulation (1), he shall register the order by filing in the court a certified copy of the order and by noting the fact and date of the registration on that certified copy.
(5) An overseas maintenance order so registered is, until the registration is cancelled, enforceable in Australia as if it were an order under the Act, both with respect to any arrears payable under the order and with respect to amounts becoming due under the order after it is so registered.
(6) Upon registration of an order, the registrar shall—
(a) cause a certified copy of the order to be served upon the person against whom the order was made—
(i) specifying the amount (if any) of the money and arrears due under the order; and
(ii) stating the office to which the amounts payable under the order are to be paid; and
(b) notify an officer of the court or other authority in the overseas country of the registration and service.
(7) Service under sub-regulation (6) shall be in accordance with paragraph 44 (1) (a) or (b).
(8) Where, immediately before the date of commencement of the Act, an overseas maintenance order was registered in a court that has jurisdiction under the Act, that order may continue to be enforced under these Regulations as if it were registered under this regulation.
Transmission of orders made in Australia for enforcement in reciprocating countries.
(1) Where a maintenance order made in Australia of a kind referred to in section 109 or 110 of the Act is in force, and it appears that the person against whom the order was made is resident in or is proceeding to a reciprocating country or a country with restricted reciprocity, the registrar of the court in which the order was made or is registered may, of his own motion, or on the application of a person for whose benefit the order was made, send to the Secretary—
(a) 3 certified copies of the order;
(b) a certificate stating what moneys and arrears are due, payable and accruing under the order;
(c) such information and material (if any) as the registrar possesses for ascertaining the identity and the whereabouts of the person against whom the order was made; and
(d) a request in writing that the Secretary should seek to have the Australian order made enforceable in that overseas country,
and the Secretary shall, on receipt of those documents, cause the documents referred to in paragraphs (a), (b) and (c) to be transmitted to that overseas country with a request in writing that the Australian order be made enforceable in that country.
(2) This regulation does not apply in relation to an order to which section 109 of the Act applies, unless the person against whom the order was made appeared in the proceedings in which the order was made, or was duly served with a summons to appear in those proceedings or consented to the making of the order made in those proceedings.
Confirmation of overseas maintenance orders.
146.(1) Where—
(a) a maintenance order has been made in a reciprocating country or a country with restricted reciprocity;
(b) the order has no effect under the law of that country unless and until it is confirmed by a court outside that country;
(c) a certified copy of the order and the depositions of the witnesses in the proceedings in which the order was made, together with a statement of the grounds on which the order could have been opposed if the person against whom the order was sought had appeared at the hearing, have been received by the Secretary; and
(d) it appears to the Secretary that—
(i) there are reasonable grounds for believing the person is resident in, or is proceeding to, Australia; and
(ii) the order will have effect under the law of the overseas country if it is confirmed by a court having jurisdiction under the Act,
the Secretary shall send the documents received by him to the registrar of a court having jurisdiction under the Act.
(2) Where the order has been made in a country with restricted reciprocity, the Secretary shall not send the documents relating to the order to a registrar unless he is satisfied that the order is of a kind referred to in section 74 of the Act or sub-regulation 144 (2).
(3) After receipt of the documents by the registrar, an application may be issued by him, calling upon the person against whom the order is sought to show cause why that order should not be confirmed.
(4) An application under sub-regulation (3) shall be served in accordance with paragraph 44 (1) (a) or (b).
(5) On the hearing of the application, it shall be open to the respondent to raise any ground of opposition that he could have raised in the original proceedings or any ground of opposition that he could have raised had the proceedings in which the provisional overseas order was made been heard in Australia, and the statement referred to in paragraph (1) (c) shall be conclusive evidence that the grounds referred to in that statement are the grounds of opposition that could have been raised in the original proceedings.
(6) Upon the hearing of the application, the court may—
(a) confirm the provisional order (either with or without modification);
(b) discharge the provisional order; or
(c) adjourn the proceedings, and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order.
(7) Where a provisional order is confirmed under this regulation (whether with or without modification), the order as so confirmed has effect in Australia as if it were an order of a court having jurisdiction under the Act.
(8) Where the court adjourns the proceedings under paragraph 6 (c), the court may make such interim orders for periodic payments by the respondent as it thinks fit.
(9) Where a court confirms or discharges an order in accordance with paragraph (6) (a) or (b), the registrar shall notify an officer of the court or other authority in the overseas country of the confirmation or discharge.
Power to make provisional order against person in reciprocating country.
(1) Where the respondent has not been served with an application to a court for a maintenance order of a kind referred to in section 109 or 110 of the Act, has not consented to the order and the court is satisfied that the respondent is resident in, or is proceeding to, a reciprocating country or a country with restricted reciprocity, the court may, in the absence of the respondent, make any order that it could have made if the application had been duly served on him and he had failed to appear at the hearing of the application.
(2) An order made under sub-regulation (1) shall be provisional only and have no effect unless and until confirmed (either with or without modification) by a competent court in a reciprocating country or a country with restricted reciprocity in which the respondent is resident at the time of that confirmation, and the order shall be expressed accordingly.
(3) Where a court makes an order under sub-regulation (1), the registrar shall send to the Secretary—
(a) a copy of the depositions of the witnesses;
(b) 3 certified copies of the order;
(c) a statement of the grounds on which the making of the order could have been opposed if the respondent had appeared at the hearing; and
(d) the information and material (if any) which the registrar possesses for ascertaining the identity and whereabouts of the respondent,
and the Secretary shall, on receipt of those documents, cause them to be transmitted to the country in which the respondent is resident or to which he is proceeding, with a request in writing that that country institute proceedings with respect to the confirmation and enforcement of the provisional order.
(4) Where such a provisional order has come before a court in an overseas country for confirmation and the order has been remitted by that court to the court in which the order was made for the taking of further evidence, the latter court shall, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence, and shall cause the depositions of the witnesses to be sent to the court in the overseas country.
(5) If, upon the taking of further evidence, it appears that the order ought not to have been made, the court may rescind the order or may, if it thinks fit, make a fresh provisional order under sub-regulation (1).
(6) Where the court takes evidence in pursuance of a request made under sub-regulation (4), the court may, for the purposes of sub-regulation (5), have regard to the evidence given in that other court.
(7) Where a court in an overseas country in which the respondent is resident for the time being confirms (either with or without modification) a provisional order made under this regulation, the order has effect in Australia as so confirmed.
(8) Where a court in an overseas country confirms (either with or without modification) a provisional order made under this regulation, then, in any proceedings arising out of or relating to the order, it shall be presumed, unless the contrary is proved, that the respondent was resident in the overseas country at the time the order was confirmed.
Proceedings for enforcement of overseas maintenance order.
(1) Where an overseas order is enforceable in Australia by virtue of these Regulations—
(a) all proceedings may be taken for the enforcement of the order; and
(b) the provisions of the Act and these Regulations shall, so far as they are applicable, and with such modifications as are necessary, apply to and in relation to proceedings for the enforcement of the order,
as if it were an Australian maintenance order made under Part VIII of the Act.
(2) The registrar of the court by whom the order is enforceable or a party entitled to a benefit under the order may take any proceedings for the enforcement of the order.
Cancellation of registration in reciprocating country.
(1) Where—
(a) a maintenance order made in Australia is, under the law of a reciprocating country or a country with restricted reciprocity, enforceable in that country; and
(b) the court in which the order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or proceeding to, that reciprocating country, or it appears to the court that there is some other good reason why the order should no longer be enforceable in that country,
the court may direct that steps be taken to cancel the registration of the order in that country, whereupon the registrar shall send to an appropriate authority in that country a request in writing that the order be no longer enforceable in that country.
(2) For the purposes of these Regulations, the order shall cease to be enforceable in that country when the court gives the direction referred to in sub-regulation (1).
Cancellation of registration of overseas maintenance order.
(1) Where—
(a) an overseas maintenance order is registered or confirmed under these Regulations; and
(b) the court in which the order is registered or confirmed receives a request in writing made by the court that made the order or some other competent authority in the overseas country that the order be made no longer enforceable in Australia,
the court shall cancel the registration of the order by noting the fact and date of the cancellation on the certified copy of the order filed in the court.
(2) Upon the cancellation of the registration of an overseas order, the order ceases to be enforceable in Australia,
Party in Australia may apply to vary, &c., overseas maintenance order.
(1) Where an overseas maintenance order is enforceable in Australia, the person for whose benefit the order was made or the person against whom the order was made may apply to a court in which the order is registered for an order discharging, suspending, reviving or varying the overseas order.
(2) In an application under sub-regulation (1), the law to be applied is the law in force in Australia under the Act.
Discharge, &c., of overseas maintenance order made in absence of party.
Where—
(a) an application is made under regulation 151 by the person against whom the order was made;
(b) the applicant was not duly served with a summons to appear in the proceedings in which the order was made, did not appear in those proceedings and did not consent to the making of the order; and
(c) the application is made within 6 months after service on the applicant of notice of registration of the order in Australia,
the applicant may raise any matter that he could have raised under Part VIII of the Act had the proceedings in which the overseas order was made been heard in Australia.
Certain orders to be provisional only.
(1) Where the court proposes to make an order under regulation 151 and any court of the overseas country in which the original order was made will, if the proposed order is to be provisional only, have jurisdiction to confirm the proposed order, the order under regulation 151 shall be provisional only and have no effect unless and until so confirmed (with or without modification), and the order shall be expressed accordingly.
(2) Where a provisional order is made in accordance with sub-regulation (1), the registrar shall send a certified copy of the provisional order, together with the depositions of the witnesses, to the court in the overseas country in which the original order was made.
(3) Where the court in the overseas country confirms (with or without modification) a provisional order made on an application under regulation 151, the order has effect in Australia as so confirmed.
(4) Where a provisional order made in accordance with sub-regulation (1) is remitted by the court in an overseas country for the taking of further evidence,
the court to which the order has been remitted shall, after notice has been given to the applicant for the order and to such persons and in such manner as the court thinks fit, proceed to take the evidence, and shall cause the depositions of the witnesses to be sent to the court in the overseas country.
(5) If, upon taking the further evidence, it appears to the court that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order.
Confirmation of variations made provisionally in overseas country.
(1) Where the registrar receives—
(a) a certified copy of—
(i) a provisional order made by a court of an overseas country varying, discharging, suspending or reviving an Australian order enforceable in that overseas country; or
(ii) a provisional order made in an overseas country discharging, suspending, varying, or reviving, an overseas order made in that country and enforceable in Australia, by virtue of these Regulations; and
(b) the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made,
the registrar shall apply to the court for an order confirming the provisional order.
(2) The registrar shall cause a copy of the application to be served on the respondent in accordance with paragraph 44 (1) (a) or (b).
(3) Upon the hearing of the application the court may—
(a) confirm the provisional order (with or without modification);
(b) discharge the original order; or
(c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.
(4) Where a provisional order is confirmed under this regulation (whether with or without modification), the order as so confirmed has effect in Australia as if it were an order made by a court having jurisdiction under the Act.
Registration of overseas maintenance agreements.
(1) An overseas maintenance agreement that has force and effect in a prescribed overseas country may be registered in a court having jurisdiction under the Act.
(2) Where an overseas maintenance agreement has been registered, section 86 or 87 of the Act applies to the agreement in like manner as if the agreement had been entered into in Australia.
Transmission of maintenance agreements to prescribed overseas country.
(1) Where—
(a) a maintenance agreement registered in a court having jurisdiction under the Act remains in force;
(b) the agreement may be enforced in a prescribed overseas country under provisions corresponding to section 88 of the Act; and
(c) a person having rights under the agreement so requests in writing,
the registrar of the court in which the agreement is registered shall send to the appropriate court or authority in the prescribed overseas country—
(d) 3 certified copies of the agreement sealed by the court;
(e) 3 certified copies of the order, if any, approving the agreement;
(f) such information and material, if any, as the registrar possesses for ascertaining the identity and whereabouts of the person obliged to make payments under the agreement;
(g) a certificate stating what moneys arc due, payable and accruing under the agreement; and
(h) a request in writing that the agreement be made enforceable in that country.
(2) Nothing in these Regulations prevents a party to a registered maintenance agreement or a child who is a beneficiary under such agreement from—
(a) obtaining copies of the agreement sealed by the court and of any order approving the agreement; and
(b) applying to a court in any overseas country (whether or not such country is a prescribed overseas country) for enforcement of the maintenance agreement in that country.
Part XVII—Registrars and Registries
Exercise of powers and functions of registrar.
(1) In relation to a power or function that is expressed by these Regulations to be conferred upon a registrar, that power or function may be exercised by the holders of the following offices and not otherwise—
(a) in the Family Court or a State Family Court, by a Judge or a registrar;
(b) in the Supreme Court of a State or Territory by a Judge, the Master, Deputy Master, or registrar, as the case may be;
(c) in a court of summary jurisdiction, by a Magistrate, the registrar, the clerk of petty sessions or other proper officer designated by the Act, regulations or rules constituting that court.
(2) Where a registrar is required by any of these Regulations to do an act of a ministerial nature, not being the hearing and determination of an application under these Regulations, 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 office of registrar or of such an officer.
Seal.
The seal of a court having jurisdiction under the Act shall be the usual seal of that court and may be impressed on any document by a rubber stamp or similar process.
Records, registers and indexes.
The registrar of a court exercising jurisdiction under the Act shall—
(a) keep a book or record in which he shall enter every decree of the court; and
(b) keep such registers and indexes of documents filed with the court as may be directed by the Attorney-General.
Central Registry of decrees.
(1) The registrar of a court having jurisdiction under the Act, shall, within 7 days after the making of a decree of the court, being a decree to which this regulation applies made on and after such date as is fixed for the purposes of this regulation by the Attorney-General by instrument published in the Gazette, forward a copy of the decree to the Principal Registrar.
(2) This regulation applies to decrees in proceedings for principal relief, decrees of the kinds referred to in paragraphs (c), (d) and (e) of the definition of “matrimonial cause” in sub-section 4 (1) of the Act and to such other decrees, or decrees in such classes of decrees, as are declared by the Principal Registrar for the purposes of this regulation.
(3) A record of decrees so forwarded shall be kept in the Principal Registry.
(4) The Principal Registrar may make provision for the recording of decrees under the Act, the repealed Act or any other Act made before the date fixed under sub-regulation (1).
Records of court.
Every document filed in the office of a court, or transmitted or transferred from another court, in accordance with the Act and these Regulations, is a record of the court and shall not, without the permission of a Judge, Magistrate or registrar, be removed from the office of the court except for the purposes of the Act and these Regulations.
Searches.
A person other than the Attorney-General or a party to the marriage shall not search the records of the court relating to proceedings under the Act or inspect any documents filed in relation to those proceedings without the leave of a Judge, Magistrate or registrar.
Record of proceedings transferred.
Where a court makes an order transferring proceedings to another court, a copy of the order shall be retained on record in the first-mentioned court.
Copies of orders to be served on authorities.
(1) Where a decree is made requiring a public authority, trustee or other person to perform an act or receive any moneys, a copy of the decree shall be served on the public authority, trustee or person by the registrar or, if so ordered, by a party to the proceedings.
(2) Service of a decree under sub-regulation (1) may be made in accordance with regulation 44 or by ordinary prepaid post.
Part XVIII—Miscellaneous
Change of solicitor.
(1) A party to proceedings who is represented by a solicitor may change his solicitor without an order for that purpose.
(2) Where a party changes his solicitor, his new solicitor shall file a notice of such change and serve a copy of the notice on each other party to the proceedings who has an address for service, and on the former solicitor.
(3) Where a party to proceedings who has not been legally represented instructs a solicitor to represent him in proceedings, that solicitor shall file a notice of becoming the party’s solicitor and serve a copy of the notice on each other party to the proceedings who has an address for service.
(4) Where a party who has been legally represented in proceedings decides to continue the proceedings without being represented, he shall file a notice that he is appearing in person and shall serve a copy of the notice on each other party to the proceedings who has an address for service.
(5) Where a solicitor ceases to act for a party in proceedings, he shall file a notice that he has ceased to act and serve a copy of the notice on each other party to the proceedings who has an address for service, and on his former client.
Legal practitioner not to act for adverse parties.
A legal practitioner shall not represent or act for any 2 or more parties having adverse interests in proceedings.
Consumer price index and social security benefits.
A court exercising jurisdiction under the Act may, without requiring further proof, act on information contained in—
(a) a copy of the Consumer Price Index published by the Commonwealth Statistician; or
(b) a statement or pamphlet published by or with the authority of the Government Printer setting out the social security benefits available to parents and children where the parents have separated.
Registration of custody orders.
A custody order to which section 67 of the Act applies may be registered in accordance with regulation 129 in any court having jurisdiction under the Act other than a court in the same State or Territory in which the order was made.
Registration of maintenance agreements.
(1) A maintenance agreement to which section 86 of the Act applies may be registered in any court having jurisdiction under the Act by filing a copy of the agreement together with an affidavit by one of the parties to the agreement verifying that the copy is a true copy of the agreement.
(2) Where a maintenance agreement has been registered in accordance with sub-regulation (1), the party filing the agreement shall, as soon as practicable after the date of filing, give written notice to all other parties to the agreement that the agreement has been so registered in that court on that date.
Prescribed overseas country.
The Independent State of Papua New Guinea is declared to be a prescribed overseas country for the purposes of sections 68, 69 and 89 of the Act.
Conversion of currency.
(1) For the purposes of these Regulations, an overseas order including a provisional order, or a certificate or notice originating in an overseas country that refers to an amount of money expressed in the currency of the overseas country shall be deemed to refer to the equivalent amount in Australian currency on the date in which the order (whether by registration, confirmation or otherwise) becomes an enforceable order in Australia on the basis of the telegraphic transfer rate of exchange prevailing on that date.
(2) The registrar shall ascertain the rate of exchange and endorse upon the order, certificate or notice, the rate of exchange and the conversion of the amount of money to Australian currency.
Documents not in English language.
(1) Where an order, record, deposition or document received from an overseas country is not in the English language, the court or a registrar may require that the documents be translated into English before they are used by the court or for any other purpose.
(2) The court may direct that the costs of the translation be borne by a party or request the Australian Legal Aid Office to obtain a translation.
Part XIX—Costs
Order for costs by court.
(1) Where a court proposes to make an order for costs under sub-section 117 (2) of the Act, it may, in making the order—
(a) take into account the financial circumstances of the person against whom the order is to be made;
(b) take into account the availability of legal aid;
(c) obtain an assessment of his costs from the party in whose favour the order is to be made or his legal practitioner;
(d) obtain a report from the registrar or other officer of the court as to the proper amount of costs incurred;
(e) consider the conduct of all parties at the hearing and determination of the proceedings, including their conduct in relation to pleadings, particulars, discovery, inspection, directions to answer questions, admission of facts, production of documents and like matters; and
(f) take into account all other relevant matters.
(2) As far as practicable, the court shall fix the amount of the order for costs or security for costs without recourse to the taxing of costs.
Solicitor and client costs.
(1) A solicitor shall not commence or maintain an action or proceeding for the recovery of any costs (including fees, charges or disbursements) for any business done by the solicitor in or incidental to proceedings under the Act or in the Family Court until the expiration of one month after an account for the costs has been served on the person to be charged with the costs and any dispute referred to in this regulation has been dealt with in accordance with this Part.
(2) The service of an account shall be effected in accordance with paragraph 44(1) (a), (b) or (d).
(3) If the person to be charged with costs wishes to dispute the account or any part of it, he may, within 21 days after service of the account upon him, file in a court having jurisdiction under this Act a notice disputing the account or any part of it.
(4) A notice under sub-regulation (3) shall be in accordance with Form 30.
(5) Where a notice is filed under sub-regulation (4), the registrar shall proceed to tax the account in accordance with the practice and procedure for taxation in the court.
(6) In taxing an account, a registrar shall have regard to all costs and disbursements properly incurred by the solicitor for the purposes of and incidental to the matter for which the solicitor was retained, the complexity of the matter, the professional time reasonably spent in relation to the matter and all other relevant matters.
(7) On completion of taxation, the registrar shall assess what costs, if any, should be paid by either party to the other party in relation to costs incurred in the taxation proceedings in such amount as he thinks just.
(8) Thereupon, the registrar shall issue an assessment specifying the amount if any, payable by either party to the other and such an assessment shall take into account any amount assessed under sub-regulation (7).
(9) An assessment for the purposes of sub-regulation (8) shall be in accordance with Form 31 and a copy of the assessment shall be furnished to each of the parties to the taxation by the registrar.
(10) Where a person has been furnished with an assessment in accordance with sub-regulation (9), he shall be taken to have consented to the court making an order in terms of the assessment unless, within 14 days after receipt of the assessment, he files a notice of objection.
(11) A notice of objection shall be in accordance with Form 32 and shall be served on the other party to the taxation proceedings.
Orders for payment of costs.
(1) Where an assessment was issued under regulation 174 and no notice of objection has been filed, the registrar shall refer the proceedings for taxation to the court, and the court may, if it thinks fit, without any application being made to it and without a hearing, order the payment of costs in accordance with the terms of the assessment.
(2) Where a notice of objection is filed under regulation 174 or a court does not think fit to make an order under sub-regulation (1), the registrar shall arrange for the proceedings for taxation to be set down for hearing by the court.
(3) On a hearing under sub-regulation (2), the court may—
(a) receive such evidence as it thinks necessary to do justice between the parties to the taxation;
(b) take into account the assessment; and
(c) make such order as to all costs (including costs incurred before it) as it thinks fit.
(4) An order made by the court under sub-regulation (1) or (3) shall be deemed to be a judgment for debt immediately due and payable and recoverable in accordance with law.
SCHEDULE
FORMS
Form 1 Regulation 17
NOMINATION OF PERSON TO ASSIST RECONCILIATION
(Title)
TO:
I, , Judge (or Magistrate) of the Court have nominated you to assist and in considering a reconciliation of their marital differences.
2. The law provides that communications between Mr and Mrs and yourself in considering reconciliation are to be treated in the strictest confidence and are not to be revealed in any court or elsewhere.
3. It is not necessary for you to make any report to me or to the court concerning this matter.
Judge (or Magistrate)
_________
Form 2 Regulation 18
NOTICE SEEKING COUNSELLING
TO THE DIRECTOR OF COUNSELLING AND WELFARE
FAMILY COURT OF AUSTRALIA:
I, (full name, address and occupation) give notice that I seek the assistance of the counselling facilities available to the Family Court in connexion with my marriage. Please invite (or do not invite) my husband (or wife) to attend for individual (or joint) counselling.
or
We, (full name, address and occupation) and (full name, address and occupation) give notice that we seek the assistance of the counselling facilities available to the Family Court in connexion with our marriage.
________
Form 3 Regulation 31
TITLE OF PROCEEDINGS
Family Law Act 1975 No. of 19
FAMILY COURT OF AUSTRALIA AT
or
STATE FAMILY COURT OF AT
or
SUPREME COURT OF AT
or
COURT OF PETTY SESSIONS AT
or
COURT OF SUMMARY JURISDICTION AT
or
IN THE MARRIAGE OF OF (address) HUSBAND
AND OF (address) WIFE
Schedule—continued
Form 4 Regulation 33
APPLICATION FOR DISSOLUTION OF MARRIAGE
(Title)
DATE OF FILING:
APPLICANT'S ADDRESS FOR SERVICE:
Part I
(Full name and occupation)
applies for dissolution of the above-mentioned marriage.
2. The parties were married at
on and, at the time of marriage, the husband was—
*a bachelor
*a widower
*a divorced person
and the wife was—
*a spinster
*a widow
*a divorced person.
3. The husband was born at on
4. The wife was born at on
5. The applicant is—
* ordinarily resident in Australia, having been resident here since
* an Australian citizen
* domiciled in Australia.
6. The facts and circumstances of the applicant’s residence or citizenship or domicile are: (set out shortly facts relied upon).
7. The marriage between the parties has broken down irretrievably.
*8. The parties separated on and have lived separately and apart from that date.
or
*8. The parties separated on , resumed cohabitation on , separated again on , and have lived separately and apart since that later date.
9. The circumstances in which the parties last separated are as follows: (set out shortly facts relied upon).
10. There is no reasonable likelihood of cohabitation between the parties being resumed.
*11. There are no children to whom section 5 of the Family Law Act applies.
or
*11. (a) The following are the children of the marriage under the age of 18 years:
(full names, dates of birth and where residing)
(b) The following persons are residing in the same residence as the children:
(full names, ages and relationship)
(c) The following arrangements are proposed by the applicant for the welfare of the children:
(set out details of housing, maintenance and education),
* Strike out whichever is not applicable,
Part 2
AFFIDAVIT
I, (full name, address and occupation of deponent) make oath and say (or affirm):
1. I am the applicant herein.
2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge and belief.
Image unavailable in extracted textSWORN (or AFFIRMED) by
the deponent at
on the day
of 19
Before me:
A Justice of the Peace
Schedule—continued
Form 4—continued
Part 3
DECLARATION BY SOLICITOR
(Full name and address) states:
1. I am the solicitor for the applicant.
2. In compliance with regulation 19, I have furnished to the applicant an advice as to effect of proceedings and of the counselling and welfare facilities available.
(Signature)
Part 4
DECLARATION BY COURT OFFICER
(Full name) Registrar (or other title as the case requires) of the Court states:
1. This application was filed by the applicant in person.
2. In compliance with regulation 19, I have furnished to the applicant an advice as to effect of proceedings and of the counselling and welfare facilities available.
Registrar
Part 5
NOTICE TO RESPONDENT
1. This application has been set down for hearing by the court at on the day of 19 at o’clock.
2. You are invited to read carefully the attached documents as to counselling and the effect of proceedings.
3. If you desire—
(a) to deny any facts alleged in the application or to allege any additional facts for the consideration of the court; or
(b) to submit to the court that it should dismiss the application or make any other submissions to the court, you should file an answer within days after you receive this application.
Your answer must be filed and served in accordance with the Regulations.
4. If you do not appear at the hearing, the court may proceed with the application in your absence.
Registrar
____________
Form 5 Regulation 34
APPLICATION FOR DECREE OF NULLITY
(Title)
DATE OF FILING:
APPLICANT'S ADDRESS FOR SERVICE:
Part 1
1. (Full name and occupation) applies for a decree of nullity of the above-mentioned marriage.
2. The parties went through a ceremony of marriage at on
3. The husband was born at on
4. The wife was born at on
5. The marriage is void because of (state whether bigamy or marriage within a prohibited relationship or legal invalidity or lack of consent or non-age).
6. The facts relied upon by the applicant are as follows:
(a)
(b)
Part 2
AFFIDAVIT
I, (full name, address and occupation of deponent) makes oath and says (or affirms) —
1. I am the applicant herein.
2. The facts stated in this application which are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge and belief.
Image unavailable in extracted textSWORN (or AFFIRMED) by
the deponent at
on the day
of 19
Before me:
A Justice of the Peace
Schedule—continued
Form 5—continued
Part 3
DECLARATION BY SOLICITOR
(Full name and address) states:
1. I am the solicitor for the applicant.
2. In compliance with regulation 19, I have furnished the applicant an advice as to effect of proceedings and of the counselling and welfare facilities available.
(Signature)
Part 4
DECLARATION BY COURT OFFICER
(Full name) Registrar (or other title as the case requires) of the Court states:
1. This application was filed by the applicant in person.
2. In compliance with regulation 19, I have furnished the applicant an advice as to effect of proceedings and of the counselling and welfare facilities available.
Registrar
Part 5
NOTICE TO RESPONDENT
1. This application has been set down for hearing by the court at on the day of 19 at o’clock.
2. If you desire—
(a) to deny any facts alleged in the application or to allege any additional facts for the consideration of the court; or
(b) to submit to the court that it should dismiss the application or make any other submissions to the court,
you should file an answer within days after you receive this application.
Your answer must be filed and served in accordance with the Regulations.
3. If you do not appear at the hearing, the court may proceed with the application in your absence.
Registrar
___________
Form 6 Regulation 36
APPLICATION
(Title)
DATE OF FILING:
APPLICANTS ADDRESS FOR SERVICE:
1. (Full name and occupation) applies for the following orders:
(a)
(b)
2. The applicant and the respondent were married at on
*3. There are no proceedings pending between the parties for dissolution or annulment of the marriage.
*3. An application has been filed in the Court (bearing number ) by the applicant (or respondent) seeking dissolution (or annulment) of the marriage. The application has not been disposed of (or on the day of 19 , that court pronounced a decree nisi (or pronounced a decree of nullity)).
*4. In compliance with regulation 19, I have furnished to the applicant an advice as to the effect of proceedings and of the counselling and welfare facilities available.
Solicitor for the Applicant
TO THE RESPONDENT
1. This application has been set down for hearing by the court at on the day of 19 at o’clock.
2. If you do not appear at the hearing, the court may proceed to make the orders sought, or similar orders, in your absence.
Registrar
* Strike out whichever is not applicable.
__________
Form 7 Regulation 43
NOTICE OF ADDRESS FOR SERVICE
(Title)
TAKE NOTICE that the address for service of is
DATED this day of 19
Solicitor for the
Schedule—continued
Form 8 Regulation 43
NOTICE OF CHANGE OF ADDRESS FOR SERVICE
(Title)
TAKE NOTICE that the address for service of
is changed to
DATED this day of 19
Solicitor for the
__________
Form 9 Regulation 46
ACKNOWLEDGEMENT OF SERVICE
(Title)
I, (full name) , acknowledge that on the day of , 19 , at , I received sealed copies of—
(a) an application for
*(b) affidavits of (full names).
I also acknowledge that I am the person referred to in the copy of the application as
DATED this day of 19
(Signature)
* Strike out if inapplicable.
________
Form 10 Regulation 48
REQUEST FOR SERVICE ABROAD
(Title)
TO THE REGISTRAR:
I hereby request that a sealed copy of an application in these proceedings be transmitted through the proper channel to (name of country) for service personally on the respondent at , or elsewhere in , in accordance with the Convention with that country relating to Legal Proceedings in Civil and Commercial Matters.
I hereby undertake to be responsible personally for all expenses incurred by the Australian Government in respect of the service hereby requested, and on receiving due notification of the amount of those expenses I undertake to pay the amount of the expenses to the Australian Treasury and to produce the receipt for payment to the Registrar.
DATED this day of 19
Solicitor for the Applicant
________
Form 11 Regulation 52
AFFIDAVIT OF PERSONAL SERVICE
(Title)
I, (full name, address and occupation of deponent) make oath and say (or affirm)—
1, On the day of 19 , I duly served with a copy of the document annexed hereto and marked with the letter “A” by delivering it to him personally at (address).
(Set out the means by which the deponent identified the person served).
Image unavailable in extracted textSWORN (or AFFIRMED) by the
deponent at
on the day
of 19
Before me:
A Justice of the Peace
Schedule—continued
FORM 12 Regulation 53
AFFIDAVIT OF PROOF OF SIGNATURE
(Title)
I, (full name, address and occupation of deponent) make oath and say (or affirm)—
1. The signature on the annexed Acknowledgement of Service is that of
2. I am able to identify the signature because (set out the manner of identification).
Image unavailable in extracted textSWORN (or AFFIRMED) by the
deponent at
on the day
of 19
Before me:
A Justice of the Peace
_________
Form 13 Regulation 56
ANSWER
(Title)
DATE OF FILING:
RESPONDENT’S ADDRESS FOR SERVICE:
Part I
1. The respondent in answer to the application dated admits the matters set out in paragraphs thereof.
2. The respondent denies the matters set out in paragraphs thereof.
3. The respondent docs not know and cannot admit the matters set out in paragraphs thereof.
4. As to paragraphs , the respondent states—
(Further paragraphs in the application may be similarly dealt with)
5. As to the whole application, the respondent relies upon the following further facts: (Set out the facts relied upon)
6. The respondent therefore asks the court—
(a) to dismiss the application; or
(b) to decline to make any order under section 63 whereby any decree nisi pronounced by the court may become absolute.
Part 2
I, (full name, address and occupation of respondent) make oath and say (or affirm) as follows:
1. I am the respondent herein.
2. The facts stated in this answer that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge and belief.
Image unavailable in extracted textSWORN (or AFFIRMED)by the
deponent at
on the day
of 19
Before me:
A Justice of the Peace
Schedule—continued
Form 14 Regulation 57
ANSWER UNDER PROTEST
(Title)
DATE OF FILING:
RESPONDENTS ADDRESS FOR SERVICE:
The respondent in answer to the application dated objects to the jurisdiction of the court upon the following grounds:
(Set out facts relied upon)
Solicitor for the Respondent
__________
Form 15 Regulation 73
CONSENT TO ACT AS GUARDIAN AD LITEM
(Title)
I, (full name, address and occupation) , being an authorized person, consent to act as the guardian ad litem of (full name) for the purpose of proceedings instituted by (or against) him, (or her) under the Family Law Act 1975.
DATED this day of 19
(Signature)
__________
Form 16 Regulation 83
REQUEST FOR DISCOVERY
(Title)
Take notice that the applicant (or as the case may be) requests the respondent (or as the case may be) to make discovery on oath of the documents that are or have been in his possession, custody or power relating to matters that are in question in these proceedings (or the following matters that are in question in these proceedings):
DATED this day of 19
Solicitor for the
(Signature)
____________
Form 17 Regulation 83
AFFIDAVIT OF DISCOVERY
(Title)
I, (full name, address and occupation of deponent) make oath and say (or affirm) as follows:
1. I have in my possession custody or power the documents, relating to matters in question in these proceedings, specified or referred to in the first, second and third parts of the First Schedule to this affidavit.
2. I object to producing the documents specified or referred to in the second part of the First Schedule to this affidavit on the ground that the documents are privileged and come within the terms of regulation 84 (c).
3. I object to producing the documents specified (or referred to) in the third part of the First Schedule to this affidavit on the ground that
4. I have had, but do not now have in my possession, custody or power of the documents relating to matters in question in these proceedings specified or referred to in the Second Schedule to this affidavit.
5. To the best of my knowledge and belief, the documents specified or referred to in the Second Schedule to this affidavit are, respectively, in the possession of the persons specified in that schedule in relation to the documents.
6. I have not now and have never had in my possession, custody or power or in the possession, custody or power of a solicitor, agent or other person on my behalf any document which relates to matters in question in these proceedings save and except the documents specified or referred to in the First and Second Schedules to this affidavit.
Schedule—continued
Form 17—continued
Image unavailable in extracted textSWORN (or AFFIRMED) by the
deponent at
on the day
of 19
Before me:
A Justice of the Peace
____________
Form 18 Regulation 95
NOTICE TO PRODUCE
(Title)
TAKE NOTICE that you are required to produce at the Court at o’clock on the day of 19 at the hearing of the proceedings therein the following:
(a)
(b)
(c)
IF YOU FAIL to produce the documents and things referred to above, you may commit an offence punishable on conviction by a fine not exceeding $200.
DATED this day of 19
Solicitor for the
To:
___________
Form 19 Regulation 97
STATEMENT OF FINANCIAL CIRCUMSTANCES
(Title)
FILED BY OR ON BEHALF OF: (Full name of applicant or respondent)
DATE OF FILING:
ADDRESS FOR SERVICE:
PART A. INCOME AND EXPENDITURE HUSBAND WIFE
(1) annual income $ $
Salary and wages (including commissions bonuses and overtime)
in occupation of as employee of
Net income from business of
Child endowment..................................
Social welfare payments.............................
Maintenance from previous marriage....................
Dividends and interest...............................
Rents ...........................................
All other sources (specify)............................
TOTAL ANNUAL INCOME..........................
Schedule—continued
Form 19—continued
(2) expenses
Income Tax..................................................
Insurance and superannuation.....................................
Medical and hospital benefits......................................
Motor vehicle (describe, giving present value)........................
All other property (specify and give value)...........................
(2) liabilities not included in item A (2) (specify)...........................
AFFIDAVIT
I, (full name, address and occupation of deponent) make oath and say (or affirm) as follows:
1. I am the applicant (or respondent) herein.
2. The facts and figures set out in this statement which are within my personal knowledge are true.
Schedule—continued
Form 19—continued
3. All other facts and figures stated in this statement are true to the best of my knowledge and belief.
Image unavailable in extracted text4. Where an estimate is given in this statement it is based on knowledge and belief and is given in good faith.
SWORN (or AFFIRMED) by
the deponent at
on the day
of 19
Before me:
A Justice of the Peace
NOTES:
1. Where the information required in the form is not relevant to the application or does not apply to the circumstances of either party, the applicant should write the letters “NR” on the appropriate line of the form in the space provided.
2. Where an estimate only can be given of a particular required to be furnished, the letter “E” should be inserted before the amount stated.
3. Where any particular as to the respondent’s income, expenses or property is not known to the applicant, the letters “NK” should be inserted in the space provided.
4. The estimated costs of the application should be included under “Item B (2)—Liabilities”, If receiving legal aid, write the letters “LA” against that Item and specify the amount of contribution (if any).
5. Where a respondent accepts the accuracy of any facts and figures furnished by the applicant, it is not necessary for him to repeat those facts and figures in his statement, but he should signify his acceptance by inserting the letters “AD” or the word “Admitted” on the relevant lines of his statement.
________
Form 20 Regulation 113
SUMMONS TO WITNESS
(Title)
TO:
You are hereby summoned to attend at this Court at on the day of 19 at o’clock
*(a) to give evidence in an application filed by
*(b) to produce to the Court the following books, documents and writings from your custody and control:
DATED this day of 19 .
Registrar
NOTE: The Regulations provide that if, unless excused by the court or a Registrar, you fail to attend in answer to this summons or you fail, without reasonable cause or excuse, to produce the documents referred to herein, you commit an offence punishable by a fine not exceeding $500.
You may, if you so desire, produce the books, documents and things referred to herein to an officer of the court at the place specified not later than the day before the day specified above for their production.
* Strike out where not applicable.
Schedule—continued
Form 21 Regulation 120
NOTICE OF APPEAL
Family Law Act 1975
IN THE FULL COURT OF
THE FAMILY COURT OF AUSTRALIA
IN THE MARRIAGE OF HUSBAND and WIFE
DATE OF FILING:
APPELLANT: (Full name)
RESPONDENT: (Full name)
APPELLANT'S ADDRESS FOR SERVICE:
The appellant appeals from the decision of (name of Judge) or the following part of the decision of (name of Judge): (state the part).
DATE(S) OF HEARING:
DATE OF DECREE OR JUDGMENT:
GROUNDS: (State briefly but specifically the grounds relied upon in support of the appeal).
ORDERS SOUGHT: (State what decree, order or determination the appellant seeks in place of the decision of the court appealed from).
Appellant's solicitor: (Full name, address and telephone number).
Respondent’s solicitor: (Full name, address and telephone number).
DATED this day of 19 .
Solicitor for the Appellant
________
Form 22 Regulation 122
APPEAL FROM COURT OF SUMMARY JURISDICTION
(Title)
ON APPEAL FROM THE COURT OF SUMMARY JURISDICTION AT
TAKE NOTICE that (full name, address and occupation) appeals against the decree of the abovenamed court of summary jurisdiction made on
ordering that
The appellant seeks the following orders:
DATED this day of 19
Solicitor for the Appellant
NOTICE OF HEARING
TO: (Full name of respondent)
TAKE NOTICE that this appeal has been set down for hearing in the Family (or Supreme) Court at on the day of 19 at o’clock.
Registrar
_______
Form 23 Regulation 123
APPLICATION FOR REVIEW OF REGISTRAR'S DECISION
(Title)
TO: (Full name of respondent)
(Full name of appellant) requests the Court to review the decision of the Registrar given on (date) that (set out order of Registrar).
DATED this day of 19 .
Solicitor for the Appellant
This application for review has been set down for bearing by the Court at on the day of 19 at o’clock.
Registrar
Schedule—continued
Form 24 Regulation 124
DECREE NISI OF DISSOLUTION OF MARRIAGE
(Title)
Before the Honourable
The day of 19 .
1. The application of (full name) for dissolution of the marriage of the abovenamed husband and wife was heard this day.
2. The court was satisfied that the abovenamed (full name) was ordinarily resident in Australia (or was a citizen of Australia or was domiciled in Australia).
3. The court held that the marriage had broken down irretrievably.
4. The court decreed that, upon and subject to the decree of the court becoming absolute, the marriage solemnized on the day of 19 between the abovenamed husband and wife be dissolved.
By the Court,
Registrar
NOTES: I. A party to a marriage who marries again before this decree becomes absolute (unless the other party had died) commits the offence of bigamy.
2. If, before this decree becomes absolute, it comes to the notice of a party to the marriage that the oilier party has died, he or she should file an affidavit or certificate in the office of the Court giving particulars of the date and place of death.
3. If the parties to the marriage become reconciled before this decree becomes absolute, application should be made to the Court before the decree becomes absolute for rescission of the decree.
________
Form 25 Regulation 125
DECREE OF NULLITY OF MARRIAGE
(Title)
Before the Honourable
The day of 19
1. The application of (full name) for nullity of marriage on the ground of was heard this day.
2. The court was satisfied that the applicant was ordinarily resident in Australia (or was a citizen of Australia or was present in Australia).
3. The court was satisfied that the ground was proved.
4. The court therefore decreed that the marriage in fact solemnized on the day of 19 at between (full name) and (full name) be declared to have been absolutely null and void.
By the Court,
Registrar
________
Form 26 Regulation 127
MEMORANDUM THAT DECREE NISI HAS BECOME ABSOLUTE
(Title)
1. Date of decree nisi:
*2. Date of order under section 63:
*3. Date of determination or discontinuance of appeal:
*4. Date of order under section 55 (2).
*5. Date on which intervention determined.
The decree nisi of dissolution of marriage between the abovenamed husband and wife became absolute on the day of 19
DATED this day of 19
Registrar
* Strike out whichever is inapplicable.
Schedule—continued
Form 27 Regulation 127
CERTIFICATE THAT DECREE NISI HAS BECOME ABSOLUTE
(Title)
I certify that the decree nisi of dissolution of the marriage between and , solemnized on the day of 19 being the decree that was pronounced on the day of 19 became absolute on the day of 19
DATED this day of 19
Registrar
_______
Form 28 Regulation 127
CERTIFICATE THAT DECREE NISI HAS BECOME ABSOLUTE
(Title)
I certify that the decree nisi of which this decree is a copy became absolute on the day of 19
DATED this day of 19
Registrar
_______
Form 29 Regulation 133
REQUEST FOR FINANCIAL INFORMATION
(Title)
TO: (Full name)
1. An order was made on (date) that you pay (amount and period) for the benefit of (name).
2. It is alleged that that order is in arrears in the amount of (amount).
3. (Full name) may now seek an order that you personally attend court to be examined as to your financial circumstances. However, if you give complete answers to the questions set out below and return this form to the address set out in paragraph 4 within 21 days, a summons to attend may be avoided.
4. The completed form should be returned to (full name and address).
DATED this day of 19
Registrar
QUESTIONS
(1) What is your present address?
(2) What is your occupation?
(3) Who is your employer? (Give details, including the address)
(4) What are your gross weekly earnings?
(5) What deductions are made from your earnings (including income tax)?
(6) What other sources of income do you have? (Give details)
(7) Does any person owe you money? (Give details)
(8) Have you any bank accounts or other savings? (Give details, including balances and, where possible, give account numbers)
(9) Do you own or are you purchasing any land? (Give details)
(10) Do you own or are you purchasing a motor vehicle? (Give details)
(11) Apart from clothing, tools, household furniture and effects, what other property do you own? (Give details)
(12) What arrangements are you prepared to make to satisfy the arrears of maintenance?
(Signature)
Schedule—continued
Form 30 Regulation 174
NOTICE DISPUTING COSTS
TO: (Solicitor)
TAKE NOTICE that I, (full name)
* dispute the whole of the account for costs served on me on (date).
* dispute the following portions of the account for costs served on me on (date) (set out details).
I therefore request the Registrar of the Court to tax such costs.
DATED this day of 19
(Signature)
Address
Telephone number
Client’s address for service:
* Strike out whichever is inapplicable.
__________
Form 31 Regulation 174
NOTICE OF ASSESSMENT OF COSTS
IN RE
APPLICANT
AND
SOLICITOR
IN PURSUANCE OF regulation 174 of the Family Law Regulations—
(a) I specify $ as the proper amount to be paid by to for costs of and incidental to the above matter.
(b) In this assessment I have included the amount of $ as the proper amount of costs to be paid by to in relation to costs incurred in the taxation.
DATED this day of 19
Registrar
NOTES: 1. A person may, not later than 14 days after the service of a copy of this assessment upon him, file an objection in accordance with Form 32 requesting the Registrar to arrange for the proceedings for taxation to be set down for hearing by the court.
2. Where no objection has been filed within the time specified, the court may, without further application or hearing, order the payment of costs in accordance with this notice of assessment. The order creates a judgment debt that is due and payable and recoverable in accordance with law.
________
Form 32 Regulation 174
NOTICE OF OBJECTION TO ASSESSMENT OF COSTS
IN RE
APPLICANT
AND
SOLICITOR
(Full name, address and occupation), in accordance with regulations 174 and 175 of the Family Law Regulations, requests that the Registrar arrange for the proceedings for taxation between the applicant and be set down for hearing by the court.
DATED this day of 19
Applicant
This request has been set down for hearing by the court at on the day of 19 at o’clock.