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Sittings and holidays
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Rules set the step-by-step court procedures for family law matters: what forms to use, how to file and serve documents, affidavit and disclosure requirements, timelines, appeals, child‑support proceedings and enforcement (seizure, sequestration, sale, warrants). They apply to all proceedings under the Family Law Act and Regulations, including pending matters (Order 1 r2–r3).
They give decision power to courts and Registrars, authorize refusal or dispensing of compliance, and make debtors meet enforcement costs (sale proceeds applied first to execution expenses, then to the debt) (Order 4 r1/1A; Order 34 r11).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Family Law Rules 1984.
1 Sittings and holidays
2 Office hours
Order 7 Proceedings for principal relief
2 Filing applications
3 Application for decree of nullity of marriage — Form 2
4 Application for decree of dissolution of marriage — Form 4
5 Application for declaration under section 113 of Act — Form 6
6 Filing of marriage certificate etc with application
7 Fixing of hearing date
8 Response — Form 13
9 Response objecting to jurisdiction — Form 14
10 Time for filing response
11 Response out of time
12 Application for rescission of decree nisi — Form 8
13 Discontinuance of application
Division 2 Proceedings for dissolution of marriage in the absence of parties
14 Hearing in absence of parties
15 Request not to hear proceedings in parties’ absence — Form 10
Order 8 Applications other than for principal relief
2 No affidavits to be filed
Division 2 Application, hearing date and directions hearing
3 Form of application — Form 3 or 8
3AA Use of Forms 3, 3A and 3B
3A Application for interim or procedural order only if final orders sought
4 Application where no Form prescribed — Form 8
5 Application by amendment
6 Contents of application
7 Affidavit in support
9 Hearing dates
10 Hearing date — court of summary jurisdiction
11 Service of application
Division 3 Documents to be filed with application
12 Filing of marriage certificate or other document with application
13 Application seeking financial relief
Division 3A Proceeds of crime orders and forfeiture applications
13A Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)
Division 4 Response and reply
14 Response to application — Form 3A
15 Applicant’s reply in certain circumstances — Form 3B
16 Time for service of response and reply
17 Response to Form 8 application — Form 8A
18 Time to file and serve response to Form 8 application
19 Response objecting to jurisdiction — Form 14
Order 8A Federal Magistrates Court
Division 1 Transfer of proceedings from the Federal Magistrates Court
1 Order must be filed
2 Filing and service
3 Conduct of a transferred proceeding
Division 2 Transfer of proceedings to the Federal Magistrates Court
4 Application for transfer by a party
5 Transfer on court’s own motion
6 Factors to be considered
7 Proceeding transferred to the Federal Magistrates Court
Order 9 Conduct of proceedings other than for principal relief
Division 1 Application
Division 1A Case assessment conference
1A Case assessment conference
1B After case assessment conference
Division 2 Directions hearing
2 Scope of directions hearing
3 Adjournment of directions hearing
Division 3 Amendment
5 Amendment by a party
6 Amendment by the court
7 Time limit for amendment by leave of the court
8 Filing amendment by party
9 Endorsement of amended document
10 Service of amended document
11 Response to amended document
Division 4 Discontinuance
12 Discontinuance — Form 15A
Order 11 Proceedings for maintenance or contribution
Division 2 Applications for maintenance and property
1A Application for spousal maintenance and property
Division 3 Applications for maintenance only
1B Application for maintenance or contribution only — Form 12
2 Hearing date
3 Certain documents not required
3A Application for step-parent to maintain
4 Response — Form 12B
5 Information to be provided
6 Documents to be provided by respondent
7 Hearing
Order 12 Urgent ex parte applications
1 Ex parte applications
2 Form of application
3 Evidence supporting ex parte application
4 Directions for further hearing where no order made
5 Directions for further hearing where order made
Order 13 Oral applications in pending proceedings
1 Oral applications during a hearing
2 Orders without written application
Order 14 Consent orders and orders under section 87 of the Act
Division 1 Consent orders
1 Applications for consent orders
2 Applications for consent orders — Form 12A
3 Completing the application
3A Order for superannuation interest
4 Original and copies of orders sought to be filed with application
5 Filing period — consent lapses after 60 days
6 Who can make consent orders?
7 Application in pending proceedings
8 Written consent by party to proceedings
8A Proposed order for superannuation interest
Division 2 Applications under section 87 of the Act
9 How to apply
10 Documents to be filed by applicant
11 Documents to be filed by respondent
Order 15 Parties and next friends
Division 1 Parties
1 Application for parenting order
2 Person may be joined as party
3 Party may apply to be removed
4 Court may order notice to be given
Division 2 Intervention
5 Intervention in proceedings by a person not a party
6 Intervention by Attorney-General in proceedings generally
7 Child to whom State welfare law applies
Division 3 Proceedings after death
8 Proceedings after death of a person
Division 4 Person needing next friend
9 Definition
10 Instituting, continuing, defending or intervening in proceedings
11 Conduct of proceedings by next friend
12 Service
13 Attorney-General may appoint next friend
14 Court may appoint next friend
15 Application for appointment of next friend (for respondent)
16 Person taken to be appointed next friend
17 Notice of becoming next friend
18 Removal of next friend
19 Costs and expenses of next friend
Order 16 Affidavits
1 Form of affidavit — Form 16
2 Signing of affidavit
3 Affidavit by blind or illiterate person etc
4 Documents attached or exhibited
5 Cover sheet
6 Name of person who prepares or settles affidavit
7 Filing and service of affidavit
8 Affidavit that does not comply with these Rules
9 Striking out of objectionable material
10 Notice to attend for cross-examination
11 Deponent’s attendance and expenses
12 Dates etc to be in figures
13 Two or more deponents
14 Affidavits not to be filed
Order 17 Financial circumstances
2 Superannuation information form and financial statement (Form 17)
3 Full and frank disclosure
4 Production of documents
5 Amendment of statement if circumstances change
Order 18 Service
Division 1 Address for service
1 Address for service — right to be heard in proceedings
2 Giving address for service
3 Change of address for service
4 Notifying other parties of address for service
Division 2 When and how are documents served?
5 When, and on whom, must documents be served?
6 Service by hand
7 Service of applications for divorce or other principal relief
8 Service of summary applications for maintenance
8A Service of application or order for superannuation interest
9 Service of other documents on individuals
10 Service on bodies corporate
10A Service of documents under the corporations jurisdiction
11 Additional requirements for service by post
12 When is a service by post effected?
13 Court’s discretion relating to service
Division 3 Proof of service
14 Acknowledgment of service
15 Affidavit of service
16 Evidence of service of documents
Division 4 Discretion as to service
17 Court may dispense with service of documents
18 Failure to comply with conditions
Order 19 Answers to specific questions
1 Specific questions
2 Number of requests
3 Answer to specific question
4 Service of specific question and answer
5 Answers not required before discovery
6 Order directing party to answer specific question
7 Use of specific question or answer etc
Order 20 Discovery and inspection
1 Mutual and informal discovery
2 Request to make discovery
3 Time for, and form of, discovery
4 Order to make discovery
4A Electronic exchange
5 Production of documents to the court
6 Notice to produce
7 Application for production by other persons
8 Production by other persons
9 Order for particular discovery
10 Inspection of documents produced by order
10A Request for inspection
11 Copies of documents inspected
12 Failure to make discovery or give inspection
13 Documents not discovered or produced
14 Certified copies of documents and entries in books
15 When order not to be made
16 Where production no longer required
17 Costs and expenses of production
18 Tender of reasonable expenses
19 Return after production
20 Interpretation
Order 21 Preservation of property
1 Orders for preservation
2 Entry onto land etc
Order 22 Admissions
1 Voluntary admission
2 Notice to admit facts or documents
3 Admission of documents discovered
Order 23 Children
2 Child party — court may require next friend
3 Application for separate representation
4 Interviews
5 Child as a witness
Order 23A Notification of child abuse or family violence order
1 Filing of notice under section 67Z of the Act
2 Service of notice
3 Informing court of family violence order
4 Variation of Division 11 contact order — Form 23A
Order 23B Special medical procedures
1 Approval of medical procedures for children
2 Who may apply for a medical procedure order?
3 Form of application
4 Respondent to application
5 Affidavits supporting the application
6 Return date of application
7 Proceedings on return day
8 Hearing an application
9 Reasons for decision
Order 24 Conciliation conferences and information sessions
1 Conciliation conferences
2 Documents about financial matters
4 Unresolved issues
5 Information sessions
Order 24A Pre-trial conferences
2 Matters to be considered at pre-trial conference
3 Attendance at pre-trial conference
4 Conduct of pre-trial conference
Order 25 Counselling and family reports
Division 1 Counselling
1 Nomination of person to assist reconciliation
2 Notice or request seeking counselling
3 Advice as to effect of proceedings
4 Form of certificates under subsection 44 (1B) and subsection 44 (1C)
4A Memorandum to the court
Division 2 Family reports
5 Reports of family and child counsellors
Order 25A Mediation
Division 2 Voluntary mediation
2 Form of notice for the help of a mediator
3 Information about mediation
4 Interview to decide whether dispute may be mediated
5 Matters to be taken into account at interview
6 If dispute not to be mediated
Division 3 Mediation ordered by the court
8 Application for order under section 19B of the Act
Division 4 General
10 Conduct of mediation conferences
11 Parties may be attended by lawyers
12 Mediator to advise parties to seek legal advice
13 If a party does not attend a mediation conference
14 If the mediator considers that mediation should not continue
16 Action after mediation
17 Registrar to make directions
18 Court may take mediation into account
20 If matters are resolved at mediation
21 Advice as to effect of proceedings
Order 26 Registration of agreements, State child orders and debts due to the Commonwealth
1 Registration of agreements under the Act
2 Registration of agreements under section 87
3 Registration of State child orders under section 70C or 70D of the Act
4 Registration of debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988
Order 26A Parenting plans
Division 2 Registration of revocation agreements
3 Application of Division
4 Requirements for revocation agreement
5 Application for registration of revocation agreement
6 Court may require service or additional information
7 Application may be heard in chambers
8 Notice of decision in relation to registration
Division 3 Applications in relation to registered parenting plans
16 Application of Division
17 Form of application — Form 8
18 Who may make an application?
19 Respondent to application
20 Service of application
Order 27 Change of venue
1 Change of venue
2 Applications under subsection 40 (6), 41 (4A) or 46 (3A) of the Act
3 Matters to be considered
4 Transmission of papers — subsections 40 (6) and 41 (4A)
4A Transmission of papers — subsection 46 (3A)
5 Transmission of papers — sections 45 and 46 of the Act
6 Transmission of Court papers — generally
Order 28 Subpoenas
1 Issue by Registrar
2 Conduct money
3 Production of books etc and access by parties
4 Application of Order 20 to this Order
6 Time for service
7 Setting aside subpoena
8 Non-compliance — warrant may issue
9 Witnesses’ fees and expenses
10 Interpretation
Division 2 Proceedings to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 applies
11 Application of Division
12 Interpretation
13 Form of subpoena
14 Leave to serve subpoena
15 Contents of affidavit
16 Service of leave application
17 Hearing of leave application
18 Conditions in giving leave
19 Application to set aside subpoena
20 Production of document or thing in accordance with subpoena
21 Non-compliance with subpoena
Order 29 Offers of settlement
1 Filing of copy of offer, acceptance or withdrawal of offer
2 Further offer may be made
Order 30 Evidence
1 Oaths and affirmations
1A Court may give directions
1B Order for adducing evidence
1C Opening and closing addresses
1D Directions for trial management
2 Evidence in chief
2AA Admissibility of affidavits
2AAA Taking evidence by electronic means
2AAB Taking foreign evidence by electronic means
2AB Admissibility of oral evidence
2AC Hearsay evidence — notice under section 67 of the Evidence Act 1995
2A Evidence in interim or procedural applications
4 Transcript receivable in evidence
5 Court may call evidence
6 Order for examination of witness
7 Letters of request
8 Evidence of New Zealand matters
Order 30A Expert evidence
Division 3 Court experts
3 Appointment of court expert
4 Report
5 Cross-examination
6 Remuneration
7 Response to evidence of court expert
Division 4 Limitation of expert evidence
8 Intention to call 2 or more experts — direction by court
Division 5 Conference of experts
9 Evidence of expert witnesses
Order 30B Assessors
1 Court may call in assessors
2 Procedure at hearings with assessors present
3 Remuneration of assessors
Order 31 Decrees
2 Decree of nullity
3 Death of party after decree nisi but before decree absolute
5 Certificate of decree or order
6 Errors in record of decrees
7 Registration of decrees
9 Maintenance orders
10 Form of undertakings
11 When may a lawyer give an undertaking?
Order 31A Jurisdiction under Cross‑vesting Act
2 Cross-vesting provisions to prevail
3 Application for transfer of proceedings
4 Proceedings involving cross-vesting law
5 Transfer under cross-vesting laws
6 Conduct of proceedings in Family Court
Order 31B Child support jurisdiction
Division 2 Applications or appeals under the Assessment Act and the Registration Act other than appeals from a court of summary jurisdiction or to a Full Court
3 Interpretation
4 Form of application — Form 63 or 64
5 Hearing of application or appeal
6 Service of application or appeal
7 Proceedings in relation to an application or appeal
Division 3 Special provisions relating to specific applications or appeals
8 Provisions of Division 2 still apply
9 Application under subsection 95 (6) of the Assessment Act
10 Application for declaration under subsection 106 (1), 106A (1) or 107 (1) of Assessment Act
11 Appeal against assessment under subsection 110 (1) of Assessment Act
12 Application for order for departure from administrative assessment under section 98, 116, 123 or 129 of Assessment Act
14 Appeal under section 132 of Assessment Act
15 Affidavit to be filed with application under section 140 of the Assessment Act
16 Appeal under section 88 of Registration Act
Division 4 Application for leave to appeal or review
18 Leave to appeal from decision of court of summary jurisdiction
19 Affidavit to be filed with application
20 Hearing date
21 Papers relating to application for leave
22 Service of application for leave to appeal
23 Transmission of papers
24 Hearing
25 Application for leave to appeal
26 Appeals to the Full Court
27 Review of decision of Judicial Registrar
Division 5 Miscellaneous
29 Copies of orders to Child Support Registrar
30 Service by Child Support Registrar
31 Application for counselling
32 Intervention by Child Support Registrar
33 Registration of child support agreements
Order 31C Judiciary Act 1903 — section 78B
1 Notice of a constitutional matter — Form 41B
2 Notice to Attorneys-General — Form 41B
3 Filing of affidavit of service
Order 32 Appeals to Full Court
1A Application of Order 32
2 Institution of appeal
2AA Referral to Chief Justice
2A Documents filed in connection with appeal — Form 41C
3 Service of notice of appeal
3A Child welfare appeals — child’s representative
4 Stay of proceedings
6 Amendment of notice of appeal
7 Cross-appeals
7A Pre-argument statement
7B Directions hearing
7C Conduct of directions hearing
7D Settlement conference
7E Conduct of directions hearing or settlement conference by electronic means
7F Directions at conclusion of directions hearing or settlement conference
9 Exhibits etc
11 Draft index to appeal papers
13 Transcript
14 Appeal papers
15 Preparation of appeal papers
16 Hearing date for appeal
16A Further evidence on appeal
16B Summary of argument and list of authorities
17 Expediting an appeal
17A Certain applications may proceed without oral hearing
18 Dismissal of appeal
19 Procedures on application for dismissal
19AA Short reasons for decision
19A Withdrawal of appeal
20 Application for certificate to appeal to High Court
21 Case stated
22 Application to court
23 Hearing an application
24 Withdrawal of application
Order 32A Applications for leave to appeal to Full Court
1A Application of Order 32A
2 Institution of applications
2A Referral to Chief Justice
3 Time for filing an application
4 Affidavit in support of an application
5 Service
5A Stay of execution of decree appealed from
6 Directions
7 Supporting submissions
8 Hearing of application
9 Leave to appeal may be on terms
Order 32B Appeal for hearing by a single judge
1 Application of Order 32B
5 Documents filed with appeal — Form 41C
6 Service of notice of appeal
7 Child welfare appeals — child’s representative
8 Stay of proceedings
9 Security for costs
10 Amendment of notice of appeal
11 Cross-appeals
12 Exhibits etc
13 Notifying parties about appeal etc
14 Directions hearing
15 Filing and service of reasons for judgment
16 Settlement conference
17 Conduct of directions hearing or settlement conference by electronic means
18 Transcript of proceedings
19 Further evidence on appeal
20 Expediting an appeal
21 Certain applications may proceed without oral hearing
22 Dismissal of appeal
23 Procedures on application for dismissal
24 Short reasons for decision
25 Withdrawal of appeal
26 Application for certificate to appeal to High Court
27 Application to court
28 Withdrawal of application
Order 32C Applications for leave to appeal to a single judge from the Federal Magistrates Court
1 Application of Order 32C
3 Institution of applications
5 Time for filing an application
6 Affidavit in support of application
7 Service
8 Stay of execution of decree
9 Directions
10 Supporting submissions
11 Leave to appeal may be on terms
Order 32D Appeals from courts of summary jurisdiction
1 Application of Order 32D
2 Definition
4 Time for filing a notice of appeal
5 Fixing a hearing date
6 Service
7 Stay of proceedings
8 Transmission of papers
Order 33 Enforcement
1 Definitions
2 Enforcement of obligations
3 Summary procedures on failure to comply with obligation
4 Garnishment
5 Seizure and sale of personal property
6 Sequestration of estate
7 Power of sale of real property
8 Certificate as to payments under maintenance order
9 Certain orders enforceable in South Australia
10 Payment into court by order
Order 34 Recovery orders, warrants and procedure after arrest
Division 1 Recovery orders
2 Application for recovery order — Form 8
3 Form of recovery order — Form 34
4 Service of application
4A Service of recovery order
Division 2 Warrants
6 Form of warrant — Form 51 or 53
7 Execution of warrants
8 How long does a warrant remain in force?
Division 3 Procedure after arrest
9 Application of Division
10 Person arrested may be held in custody
11 Persons taken into custody
Order 35 Contraventions, offences and contempt
2 Application of order
3 Who may make an application?
4 Service
Division 2 Applications
5 Contravention of orders not affecting children — Form 48
6 Contravention of orders affecting children — Form 49
7 Imposition of sanction for preventing or hindering action under a third party recovery order — Form 35
9 Contempt in the face of the court — Form 8
10 Contempt other than in the face of the court — Form 47
Division 3 Hearing of applications
11 Hearing date
12 Arrest of respondent for failure to appear at hearing — Form 8
13 Respondent may be held in custody
14 Procedure at hearing
16 Duties of provider of program
17 Relisting for directions
Division 4 Information laid before a magistrate
18 Information laid before a magistrate — Form 49A
Order 36 Powers of Registrars
1 Exercise of powers and functions of Registrar
Division 2 Certain powers of Registrars of the Family Court of Australia
2 Interpretation
5 Power to summon witnesses
6 Protection and immunity
Order 36A Delegation of powers to Registrars and Judicial Registrars
2 Delegation of powers to Registrars
3 Delegation of powers to Judicial Registrars
3A Property value exceeding limit — power to determine proceedings
4 Protection and immunity of Judicial Registrar
5 Prescribed times for review
6 Extensions of time
7 Procedure on application for review
Order 37 Representation by lawyers
1 Change of lawyer
2 Lawyer not to represent parties with adverse interests
Order 38 Costs
3 Interest on outstanding costs
Division 2 Notification of costs
4 Notification to party at certain stages in proceeding
5 Notification to party before final hearing
6 Notification to court and other party of costs
Division 3 Lawyer’s fees and disbursements
7 Division subject to costs agreement
8 Proper costs
9 Additional charge for skill etc
10 Work not reasonably required for proceeding
11 Charge for each page
12 Copying, postage within Australia and local telephone calls
13 Lawyer and client costs — lawyer acting as counsel
14 Preparation of appeal papers
15 Costs for proceeding not instituted together
16 Work done by employees etc
17 Waiting and travelling time
18 Agent’s fees
19 Expenses for attendance by witness
20 Expenses for preparation of report by expert
21 Costs improperly or negligently incurred
22 Undefended proceeding for dissolution of marriage — basic composite amount
Division 4 Fees for counsel’s work
23 Party and party costs — fees for lawyer briefed as counsel
24 Lawyer and client costs — fees for lawyer briefed as counsel
25 Certificate that reasonable to brief lawyer as counsel
Division 5 Lawyer and client agreements
26 Agreements as to costs
27 Validity and effect of costs agreements
28 Costs to be in accordance with costs agreement
Division 6 Costs orders
29 Application for costs order
30 Assessment of costs
31 Unquantified costs
32 Costs order for specific amount instead of taxed costs
33 Costs order for proceeding in other courts
34 Disallowance of certain costs
35 Costs orders against lawyers
Division 7 Accounts and bills
36 Notice of rights
37 Steps before costs may be recovered
38 Requesting and serving bill of costs — lawyer and client
39 Requesting and serving bill of costs — party and party
40 Requirements of bill — Form 56
41 Amendment of bill
Division 8 Disputing a bill
42 Notice disputing bill — Form 57
Division 9 Taxing a bill
43 Taxing officers
44 Fixing of taxation hearing
45 Certificate of taxation — no notice of dispute
46 Certificate of taxation — Form 58
47 Disputed taxation hearing
48 Powers of taxing officers
49 Taxation principles
50 Agreement between lawyer and legal aid body
51 Costs to be allowed on taxation
52 Exercise of discretion
53 Allowance for matters not specified
54 Costs improperly, unreasonably or negligently incurred
55 Taxation on party and party basis — counsel’s fees
56 Neglect or delay before taxing officer
57 Costs of taxing a bill
58 Certificate of taxation to be judgment for debt
Division 10 Review of taxation
59 Interpretation
60 Review of taxation
61 Time for filing application for review
62 Further evidence
63 Issues that may be raised at hearing of review
64 Powers of court
Order 39 Publication of lists
1 Mode of publication
2 Lists to be provided by Registrar
3 Content of lists
5 Interpretation
Order 40 Miscellaneous
1 Rate of interest
2 Court may act on certain Commonwealth publications
3 Particulars of employment and earnings
4 Form of bond
6 Frivolous and vexatious proceedings
7 Application for leave
Order 41 Corporations jurisdiction
Division 2 Applications under the Corporations Act 2001
2 Application of Division
3 Application of Corporations Rules
4 Applications under the Corporations Act 2001
Division 3 Transfer of proceedings under the Corporations Act 2001
7 Application
8 What provisions of these Rules prevail if they are inconsistent?
9 Application for transfer of proceedings under the Corporations Act 2001
10 Content of an application for transfer of proceedings
11 Transfer of proceedings to another court
12 Transfer of proceedings to a Family Court
13 Conduct of transferred proceedings in Family Court
Order 1 Preliminary
1 Name of rules [see Note 1]
These rules are the Family Law Rules 1984.
2 Date of operation and application of Rules
(1) These Rules shall come into operation on 2 January 1985.
(2) These Rules apply to and in relation to all proceedings under the Act, the Regulations or these Rules, whether commenced before or after the commencement of these Rules.
(3) These Rules extend, so far as applicable and subject to any other law, to the exercise by the Family Court of Australia of its jurisdiction in matters other than matrimonial causes.
3 Saving provisions
(1) Subject to subrules (4) and (5), proceedings pending and orders or directions made, appointments made, documents filed or served, or any other act or thing done, before 2 January 1985 in accordance with the Regulations, shall, if of a kind to which these Rules apply, be treated as if pending, made, filed, served, or done, as the case requires, in accordance with these Rules.
(2) Subject to subrules (4) and (5), an obligation incurred or undertaking given under the Regulations before 2 January 1985 shall, if of a kind to which these Rules apply, be treated as if incurred or given under these Rules.
(3) Subject to subrules (4) and (5), where a person has, before 2 January 1985, omitted to do any act or thing in accordance with the Regulations and the act or thing is one of a kind to which these Rules apply, the act or thing shall be treated as if omitted to be done under these Rules unless subsequently done in accordance with these Rules.
(4) These Rules do not operate to work a revival of any period of time for the doing of any act or thing, being a period of time which, under the Regulations, has expired before 2 January 1985.
(5) A period of time under the Regulations that is running but has not yet expired before 2 January 1985 shall, if the matter in respect of which it is running is a matter to which these Rules apply, continue to run as if these Rules had not come into operation.
(1) In these Rules, unless the contrary intention appears:
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
abuse, in relation to a child, has the meaning given by section 60D of the Act.
Act means the Family Law Act 1975.
address for service, in relation to a person and proceedings, means:
(a) an address for service given in the proceedings in relation to the person in accordance with subrule 2 (1) of Order 18; or
(b) the address that is taken to be the person’s address for service in the proceedings under subrule 2 (2) of Order 18.
applicant means a person who makes an application.
application means:
(a) an application instituting proceedings under the Act, the regulations, these Rules or any other law in respect of which jurisdiction is vested in the Family Court; or
(b) an application for leave to intervene;
and includes a response to an application and a reply.
Assessment Act means the Child Support (Assessment) Act 1989.
birth certificate means:
(a) a certificate of a birth or a certified copy of the certificate; or
(b) a certified copy of:
(i) the entry of a birth in a Register of Births; or
(ii) an extract of the entry of a birth in a Register of Births.
bond includes recognisance.
case assessment conference means a conference held in accordance with Order 9, Division 1A.
cause of action means a claim in any proceedings other than proceedings for principal relief and does not include an application for interim or procedural relief.
certified copy, in relation to a document, means a copy of the document certified to be a true copy by the person having custody, possession or control of the document, or by another person at his direction, and includes a copy of the document bearing the seal of a court and the original document.
Chief Executive Officer means the Chief Executive Officer of the Family Court of Australia.
Chief Judge has the same meaning as in Part IV of the Act.
Chief Justice means the Chief Judge.
Child Support Registrar has the same meaning as in the Child Support (Registration and Collection) Act 1988.
conciliation conference means a conference held under Order 24.
corporation has the meaning given by the Corporations Act 2001.
cover sheet means a page covering a document being, in the case of a document to be folded lengthwise, a backsheet or, in any other case, a front sheet.
divorce means dissolution of marriage.
electronic means includes transmission of information in the form of data, text, speech or images by telephone or video conferencing, closed circuit television, fax or e-mail.
Family Court means the Family Court of Australia or a State Family Court.
filed means filed in accordance with Order 2, rule 4 and file and filing have a corresponding meaning.
filing registry means, in relation to particular proceedings instituted in a court, the registry of that court in which the proceedings were instituted or, if the proceedings have been transferred to another registry of that court or to a registry of another court, then that registry.
folio means 100 words, in writing.
intervener means, in relation to proceedings, the Attorney-General or any other person when intervening under Part IX of the Act.
lawyer means a solicitor, barrister or other legal practitioner who is entitled to practise in a Family Court.
marriage certificate means:
(a) a certificate of a marriage or a certified copy of the certificate; or
(b) a certified copy of:
(i) the entry of a marriage in a Register of Marriages; or
(ii) an extract of the entry of a marriage in a Register of Marriages.
member of the Court personnel has the meaning given by section 60D of the Act.
next friend includes guardian ad litem.
oath includes affirmation.
party, in relation to proceedings, means an applicant, respondent, or an intervener other than an intervener not deemed to be a party.
prescribed child welfare authority has the meaning given by section 60D of the Act.
pre-trial conference means a conference held under Order 24, paragraph 4 (1) (b).
Principal Registrar means the Principal Registrar of the Family Court of Australia.
Register of Births means an official public register of births kept under law.
Register of Marriages means an official public register of marriages kept under law.
Registration Act means the Child Support (Registration and Collection) Act 1988.
registry, in relation to a court, includes an office of the court.
Regulations means the Regulations under the Family Law Act 1975.
respondent means in relation to proceedings, a party to the proceedings other than an applicant.
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.
State child order has the meaning given by section 70B of the Act.
superannuation information form, for a property settlement proceeding involving a superannuation interest, means the form approved by the Principal Registrar.
sworn includes affirmed.
trial notice, in relation to proceedings, means a notice issued by the court, setting out orders for the preparation of the proceedings for trial.
Note 1 Several other words and expressions used in these Rules have the meaning given by section 4 of the Act. For example:
Note: appeal
Note: Appeal Division
Note: court
Note: decree
Note: DPP
Note: financial matters
Note: forfeiture application
Note: Full Court
Note: proceedings
Note: proceeds of crime order
Note: property settlement or spousal maintenance proceedings
Note: Registrar.
Note 2 Section 90MD of the Act defines several words and expressions for Part VIIIB of the Act in relation to superannuation interests. For example:
Note: eligible superannuation plan
Note: flagging order
Note: member spouse
Note: non-member spouse
Note: payment flag
Note: payment split
Note: RSA
Note: splitting order
Note: superannuation agreement
Note: superannuation interest
Note: trustee.
Note 3 A number of words and expressions commonly used in Commonwealth legislation, and in these Rules, have, unless the contrary intention is indicated, the meaning or effect set out in certain Acts of general application. See, for example, the Acts Interpretation Act 1901 and the Crimes Act 1914.
Order 2 Documents and forms
1 Definition of document
In this Order, document means an application, affidavit, certificate, decree, order, notice or other writing to be filed, delivered or served, pursuant to the Act, the Regulations or these Rules in or in connexion with proceedings.
1A Application of Order
This Order applies to a decree, order or agreement that is to be registered, or a document that is to be filed, under the regulations or these Rules even if no proceedings have been instituted in relation to that decree, order, agreement or document.
2 Requirements with respect to documents
(1) For the purposes of this rule, printed includes:
(a) typewritten; or
(b) machine printed; or
(c) reproduced by mechanical, electronic, photographic or other means.
(2) A document that is to be registered or filed must comply with subrule (3) unless:
(a) the nature of the document renders compliance impracticable; or
(b) the document is in accordance with a form that:
(i) is prescribed in these Rules; and
(ii) provides for the document to be set out in a manner that does not comply with subrule (3); or
(c) under these Rules, the document must comply with a different requirement.
(3) A document must:
(a) be on durable white opaque paper of good quality, of the size known as ISO A4; and
(b) be legible and without erasures, blotting out or material disfigurement; and
(c) be:
(i) mechanically or electronically printed; or
(ii) if permitted by subrule (5), hand-printed in ink; and
(d) have a margin at the left hand side of each page of not less than 30 millimetres; and
(e) have a space of not less than 6 millimetres between each line and the next; and
(f) be set out on only 1 side of the paper; and
(g) have each page numbered; and
(h) if rule 3 so requires — have a cover sheet in accordance with Form 1, Form 1A or Form 1B, under that rule; and
(i) if the document is of more than 1 page, be securely fastened.
(4) In a document that is in accordance with Form 4:
(a) Parts A and B of the document must both be set out on the same sheet of paper; and
(b) Part H (if applicable) and the notice of application must each begin at the top of a page.
(4A) In a document that is in accordance with Form 12A:
(a) Parts H and I must both be set out on the same sheet of paper; and
(b) Parts J and K must both be set out on the same sheet of paper; and
(c) if Part C, D, E, F, H or J of the Form is included in the document — that Part, or each of those Parts, must begin at the top of a page.
(4B) In a document that is in accordance with Form 26A:
(a) Parts F and G must both be set out on the same sheet of paper; and
(b) Parts D, E, F, H and J must each begin at the top of a page.
(5) Any document for which there is a prescribed form (other than an affidavit) may be hand printed.
(6) A document that is in accordance with Form 1, 1A, 1B, 2A, 10, 18, 19, 20, 21, 22, 23, 26B, 38A or 42B must be set out on a single sheet of paper.
3 Cover sheet
(1) Subject to subrules (2), (3) and (4), a document in accordance with a form in Schedule 1 must not have a cover sheet.
(2) A document in accordance with Form 16, 24, 25, 26, 27, 28, 41A, 45, 46, 46A, 49A, 55, 56, 59, 60, 61 or 62 must have a cover sheet in accordance with Form 1.
(3) An document in accordance with Form 45A, 45B, 63, 64 or 65 must have a cover sheet in accordance with Form 1A.
(4) The following documents must have a cover sheet in accordance with Form 1B:
(a) a document to which Order 41, subrule 6 (2) applies;
(b) an application made under the Corporations Act 2001.
(5) If the filing registry in relation to proceedings is changed:
(a) the cover sheet; or
(b) if a document has no cover sheet — the front page;
of a document filed in the proceedings after the change must show the new registry.
3A Party to proceedings — corporation
(1) A document in which a corporation is named as a party to proceedings, or an application by a corporation for leave to intervene in proceedings, must include the following information:
(a) the full name of the corporation;
(b) the corporation’s ABN;
(c) the corporation’s registered office.
(2) The information must be set out:
(a) on the cover sheet filed with the document; or
(b) if the document has no cover sheet — on the front page of the document.
3B Change of name of party
(1) If the name of a party is changed after the commencement of proceedings, the party must, as soon as practicable after the change:
(a) file a notice of change of name in accordance with Form 2A; and
(b) serve a copy of the notice on each other party to the proceedings who has an address for service.
(2) If a party has filed and served a notice of change of name under subrule (1), each party must use the new name in any documents filed in the proceedings after the notice has been filed.
4 Filing of documents
(1) A document is filed in, or in connection with, proceedings if:
(a) it is delivered to the filing registry; or
(b) with the leave of a court or a Registrar — it is delivered to a registry that is appropriate in the circumstances;
and the document is accepted for filing by the court or a Registrar.
(2) During the hearing of proceedings by a court, a document relating to the proceedings may, by leave of the court, be filed by delivering it to an officer of the court.
(3) The Registrar shall cause the date of filing to be marked on every document that is filed.
(4) Where a document has been filed, each copy of the document for service shall bear the seal of the court in which the document was filed.
(5) A reference in these Rules to the filing of a document or the taking of a step in proceedings by a person includes a reference to the filing of the document or the taking of the step on behalf of the person.
4A Refusal to accept document for filing
(1) A Registrar may refuse to accept a document for filing, if:
(a) it is not in proper form in accordance with these Rules; or
(b) it is not executed in the way required by these Rules; or
(c) the document, on its face, appears to the Registrar to be an abuse of process or frivolous, scandalous or vexatious; or
(d) the document is filed in connection with pending proceedings in another court or another registry, and the registry is not the appropriate registry.
(2) If a Registrar refuses to accept a document for filing, the person who sought to file the document may apply to the court for review of the Registrar’s decision.
(3) A Registrar must accept an application for review of a decision not to accept a document for filing.
(4) An application under subrule (2) must be made ex parte, in the first instance.
5 Forms
(1) In these Rules, a reference to a form by number is a reference to the form so numbered in Schedule 1.
(1A) Strict compliance with the forms in Schedule 1 is not required and substantial compliance is sufficient.
(1B) A document prepared in accordance with a form prescribed for the Federal Magistrates Court is taken to substantially comply with the appropriate form for the purpose of a Family Court proceeding.
(2) Where a person referred to in a form in Schedule 1 is not represented by a lawyer, a reference in the form to the lawyer for the person shall be read as a reference to the person.
(3) A document that is prepared in accordance with a form in Schedule 1 must be completed in accordance with any directions specified in the form, but the directions may be omitted from the document.
(3A) The Principal Registrar may authorise the use of appropriate computer software for the purpose of reproducing a form in Schedule 1.
(3B) A document that is prepared:
(a) in accordance with a form in Schedule 1; and
(b) with the use of authorised computer software;
is taken to be completed in accordance with the form in Schedule 1.
(4) Unless the contrary intention appears, a form or notice pursuant to these Rules may be signed or given by a party or by the lawyer for the party.
(5) Where the lawyer for a party to proceedings is required or permitted to sign a document or give a notice for the purpose of those proceedings, it shall be sufficient for that purpose if it is signed or given by:
(a) a partner or agent of, or lawyer employed by, that lawyer;
(b) a partner of, or lawyer employed by, such an agent; or
(c) where the lawyer for the party is employed in the Australian Legal Aid Office or in or by a body that is a relevant authority within the meaning of section 116C of the Act — any other lawyer employed in or by that Office or body.
6 Removal of documents from Court file
(1) A marriage certificate filed by a party may be removed from the court file by that party if the party files in its place a certified or photographic copy of the marriage certificate.
(2) A document, other than a marriage certificate, filed by a party may, with the leave of the court or a Registrar, be removed from the court file by:
(a) the party; or
(b) a person who demonstrates to the court a proper interest in obtaining the document;
subject to such conditions as the court or a Registrar may determine.
7 Filing a document by facsimile transmission
(1) Any document to be filed, except an application referred to in Order 7, Division 2 or a subpoena, may be lodged by facsimile transmission if:
(a) the matter is urgent; and
(b) where the party filing the document is not legally represented — the party lives more than 20 kilometres from the registry; and
(c) where the party filing the document is legally represented — the lawyer’s principal office is more than 20 kilometres from the registry; and
(d) it is not practicable to lodge the document in the registry in any other way.
(2) A document to be filed must not be lodged by facsimile transmission in any other circumstances without the leave of the court.
(3) Unless the court otherwise directs, if a document is lodged by facsimile transmission it must be accompanied by a letter to the Registrar, signed by the unrepresented party or the party’s lawyer, explaining:
(a) the nature and immediacy of the damage or harm that may result if the document is not lodged by facsimile transmission; and
(b) any other circumstances that justify lodging the document by facsimile transmission instead of lodging it in the registry.
(4) If a document is lodged by facsimile transmission, the party filing the document must lodge the original document in the registry within 7 days after it was sent by facsimile transmission.
(5) The cover sheet of the original document must be endorsed to the effect that the document is the original of a document previously lodged by facsimile transmission.
8 Proceedings to be numbered
(1) Subject to subrule (3), if:
(a) an application instituting proceedings; or
(b) an agreement or similar document;
is filed or registered, the Registrar must allot the proceedings, or agreement or similar document, a distinctive number.
(2) A document filed in, or issued out of, a registry in connection with particular proceedings must have the distinctive number of the proceedings endorsed on it.
(3) If the Registrar considers it desirable to allot to proceedings the distinctive number already allotted to other proceedings, the Registrar may do so.
Order 3 Time
1 Computation of time
(1) A period of time fixed by these Rules shall be reckoned in accordance with this rule.
(2) Except as ordered by the court, time runs in connexion with proceedings during a period during which a registry of the court is not open.
(3) Where a period of time of or exceeding one day in length is to be reckoned by reference to a particular day or to the occurrence of a particular event, that day, or the day on which that event occurs, as the case may be, shall not be counted.
(4) Subject to rule 5 of Order 18, if the last day for:
(a) filing a document; or
(b) serving or delivering a document the copy of which for service or delivery is required by these Rules to be, but has not been, sealed;
is a day on which the filing registry is closed, the document may be filed, served or delivered, as the case requires, on the next day on which the filing registry is open.
(5) Where apart from this Rule, a period of time specified in a decree, being a period of 5 days or less, would include a day on which the filing registry is closed, that day shall be excluded from the reckoning of that period of time.
(6) A reference in subrule (4) to filing registry shall be read, in a case where proceedings have not yet been instituted, as a reference to the appropriate registry of the court in which the proceedings are to be instituted.
2 Meaning of month
In a decree, in any document in any proceedings and in these Rules, unless the context or subject matter otherwise indicates or requires, month means calendar month.
3 Extension or shortening of time
The court, or a Registrar, on terms that the court or Registrar thinks fit, may extend or shorten the time fixed by:
(a) these Rules; or
(b) a decree or order;
for doing, or refraining from doing, any act or thing in relation to proceedings, even if the time fixed has passed.
Order 4 General
1 Dispensing with compliance
The court, or a Registrar, may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance has arisen.
1A Failure to comply with Rules or court orders
Subject to any dispensation under rule 1, if a party does not do all things required by the Rules, or by an order of the court, the court, or a Registrar, may:
(a) dismiss the application or response; or
(b) stay the proceedings, or part of the proceedings; or
(c) make any other order the court, or the Registrar, thinks fit.
2 Court to give directions in cases of doubt or difficulty
Where the court is satisfied in the circumstances of a particular case that:
(a) the provisions of the Act, the Regulations or these Rules do not make adequate provision for a matter of practice or procedure; or
(b) a difficulty arises or doubt exists as to a matter of practice or procedure;
it may give such directions with respect to the practice and procedure to be followed in the case as it considers necessary.
3 Stay of proceedings
A court may order a stay of proceedings before it upon such terms as it thinks fit.
4 Need for prompt and inexpensive resolution of matters
A court or a Registrar exercising jurisdiction under these Rules shall have regard to the need to provide a prompt and inexpensive resolution of the matters in issue between the parties.
5 Reasons for decision published after decree
(1) Where a decree is pronounced by a court the reasons for the decision may be delivered at a later date by publication to a Registrar.
(2) Where the reasons for a decision are delivered under subrule (1), a party to the proceedings is entitled to one copy of the reasons.
7 Right of appearance
(1) Subject to subrule (1A), a party to proceedings, or a person entitled to take proceedings for, or for the enforcement or confirmation of, a decree (including a member of the Court personnel) may appear personally or by representation by a lawyer.
(1A) A corporation that is entitled to appear in proceedings may appear only by representation by a lawyer.
(2) An authority entitled to take proceedings for, or for the enforcement or confirmation of, a decree may be represented by an officer of the authority or by a lawyer.
8 Proceedings in chambers
(1) This rule applies to proceedings relating to a matrimonial cause other than the final hearing in contested proceedings.
(2) A court may exercise in chambers any jurisdiction conferred on it and any sitting held in chambers shall be as valid and effectual as if it were held in open court.
(3) A court may adjourn the hearing of proceedings from chambers to open court and from open court to chambers.
9 Proceedings in chambers — procedures and effect
The provisions of these Rules shall, in so far as appropriate, apply to proceedings heard in chambers in the same manner as to proceedings heard in open court and an order made in chambers shall have the same effect as an order made in open court.
10 Record of proceedings in chambers
(1) There shall be kept by the Registrar a record containing the following particulars in relation to each hearing of proceedings in chambers:
(a) the name of the case;
(b) a description of the proceedings;
(c) the date of the hearing;
(d) a minute of decisions made.
(2) The record kept by the Registrar for the purposes of subrule (1) shall be evidence of the questions or matters in issue and the decisions made at a hearing in chambers.
Order 5 Seals, records and searches
1 Seals
(1) The Family Court of Australia shall have a seal having inscribed on it the words “The Seal of the Family Court of Australia”.
(2) The seal shall be kept in such custody as the Chief Justice directs.
(3) There shall be kept at each registry of the Family Court of Australia, in such custody as the Chief Justice directs, an office seal having inscribed on it, in addition to the words in subrule (1), the word “Registry” with the name of the registry prefixed.
(4) There shall be kept and used at each registry of the Family Court of Australia such other seals or stamps as are required for the business of the Court and those seals and stamps shall be in such form, and kept in such custody as the Chief Justice directs.
2 Seals of other Courts
The seal of a court, other than the Family Court of Australia, for use in connexion with jurisdiction under the Act shall be the usual seal of that court or of a registry of that court and may be impressed on a document by a rubber stamp or other process usually used by that court or registry.
3 Records, registers and indexes
A Registrar of the Family Court of Australia shall keep such records, registers and indexes as the Principal Registrar directs.
4 Exhibits
(1) A Registrar shall take charge of every document or object tendered as an exhibit during the hearing of any proceeding in the court.
(2) A list of exhibits tendered during proceedings, when completed, shall form part of the record of the proceedings.
(3) A court or a Registrar may direct that an exhibit tendered during the hearing of proceedings in the court be kept in the court, returned to the person who produced it or otherwise disposed of in such manner as may be just.
5 Record of proceedings transferred
Where an order is made by a court transferring proceedings to another court or registry, a copy of that order shall be retained in the first-mentioned court or registry.
6 Searches
(1) A person shall not search the records of a court relating to proceedings or matters under the Act, the Regulations or these Rules, or inspect any document forming part of any such records otherwise than in accordance with subrule (2).
(2) The following persons may search records, or inspect a document, of a kind referred to in subrule (1):
(a) the Attorney-General;
(b) where the records relate to particular proceedings or matters concerning or arising out of a marriage — a party to that marriage;
(c) where the records relate to particular proceedings — a party to those proceedings;
(d) a person who has been granted leave of the court or a Registrar to search the records or inspect the document.
(3) Leave for the purposes of paragraph 2 (d) may be granted by the court or a Registrar to a person who demonstrates a proper interest in searching records or inspecting a document and may be granted subject to such conditions as the court or a Registrar may determine.
(4) In this rule:
records does not include a judgment given by a court.
Order 6 Sittings and holidays
1 Sittings and holidays
(1) Subject to section 27 of the Act, the Family Court of Australia may sit at such places and times as the Court determines and shall sit at such places and times as the Chief Justice directs.
(2) There shall be no court vacations, but the Family Court of Australia shall not sit on the days specified in subrule (3) unless the Judge constituting the Court otherwise directs.
(3) Each registry of the Family Court of Australia shall be open during office hours on every day in the year except:
(a) Saturdays and Sundays;
(c) such days as are proclaimed or observed as public holidays in the State or Territory in which the registry is located and such other days as are appointed from time to time by the Chief Justice either generally or for a particular registry.
2 Office hours
For the purpose of subrule 1 (3), office hours means the period from 9.30 a.m. until 4.00 p.m. or such other times as the Chief Executive Officer directs.
Order 7 Proceedings for principal relief
This Order applies to an application for:
(a) a decree of dissolution of marriage; or
(b) a decree of nullity of marriage; or
(c) a declaration as to the validity of a marriage; or
(d) a declaration of the annulment or dissolution of a marriage by decree or otherwise.
2 Filing applications
(1) Proceedings for principal relief must be instituted by filing an application.
(2) An application instituting proceedings in:
(a) a Supreme Court; or
(b) a court of summary jurisdiction;
of a Territory must state whether the applicant or respondent is ordinarily resident in that Territory.
3 Application for decree of nullity of marriage — Form 2
An application for a decree of nullity of marriage must be in accordance with Form 2.
4 Application for decree of dissolution of marriage — Form 4
An application for a decree of dissolution of marriage must be in accordance with Form 4.
5 Application for declaration under section 113 of Act — Form 6
An application for the purposes of section 113 of the Act must be in accordance with Form 6.
6 Filing of marriage certificate etc with application
(1) Subject to this rule, an applicant must file with an application to which this Order applies:
(a) if the application is for a decree of nullity or dissolution of marriage — the marriage certificate relating to the marriage or purported marriage; or
(b) if the application is for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage — the relevant marriage certificate or decree of annulment or dissolution, as the case may be.
(2) The requirement under subrule (1) to file a marriage certificate or decree is satisfied by filing a photocopy or certified copy of the marriage certificate or decree.
(3) If an applicant is unable to file a document required by subrule (1), the applicant must:
(a) file with the application an affidavit setting out the facts and circumstances by reason of which the applicant is unable to file the document; or
(b) give to the Registrar an undertaking, satisfactory to the Registrar, to file the document within a specified time.
(4) An applicant need not file a document required by subrule (1) if the applicant has already filed the document in relation to other proceedings in the same registry.
(5) If a document required by subrule (1) is not in English, the applicant must file with the application:
(a) a translation of the document in English; and
(b) an affidavit by the person who made the translation verifying the translation and setting out the person’s qualifications to make the translation.
7 Fixing of hearing date
(1) After the filing of an application for principal relief, the Registrar must fix a date for the hearing of the application.
(2) The date fixed for the hearing of the application must be:
(a) in the case of a joint application — at least 21 days after the day on which the application is filed; or
(b) in the case of an application other than a joint application:
(i) if the respondent is in Australia — at least 42 days; or
(ii) if the respondent is outside Australia — at least 56 days;
after the day on which the application is filed.
8 Response — Form 13
(1) A respondent to, or an intervener in, proceedings for principal relief who wishes to oppose an application must file a response to the application in accordance with Form 13.
(2) A respondent or intervener must serve a response on the applicant as soon as practicable after it is filed.
(3) If a response opposing the application has been filed:
(a) the hearing must proceed in open court unless the court otherwise directs; and
(b) the person who files the response must appear in person or by representation by a lawyer.
9 Response objecting to jurisdiction — Form 14
(1) A respondent in proceedings for principal relief who wishes to contest the jurisdiction of the court must file a response objecting to jurisdiction in accordance with Form 14.
(2) The response must be served on the applicant as soon as practicable after it is filed.
(3) If the court overrules an objection to its jurisdiction, the court must give directions in relation to the further conduct of the proceedings.
10 Time for filing response
A respondent to an application must file a response, or a response objecting to jurisdiction, within:
(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 on the respondent.
11 Response out of time
(1) If a respondent files a response, or a response objecting to jurisdiction, after the expiry of the time fixed by rule 10, the applicant may continue the proceedings as if the response, or response objecting to jurisdiction, had not been filed unless:
(a) the applicant consents to the late filing; or
(b) the court, or a Registrar, otherwise orders.
(2) If an applicant consents to the late filing of a response, or a response objecting to jurisdiction, the applicant:
(a) must give his or her consent in writing; and
(b) may endorse the consent on the response, or response objecting to jurisdiction.
12 Application for rescission of decree nisi — Form 8
(1) An application under section 57 or 58 of the Act must be in accordance with Form 8.
(2) An applicant under section 57 or 58 of the Act must file and serve with the application an affidavit in accordance with Order 16 setting out:
(a) the reasons why the decree nisi should be rescinded; and
(b) the evidence supporting those reasons.
13 Discontinuance of application
(1) An application made under this Order may be discontinued with the leave of the court or a Registrar.
(2) An order under subrule (1) may be made subject to any conditions, including service, that the court, or a Registrar, thinks fit.
Division 2 Proceedings for dissolution of marriage in the absence of parties
14 Hearing in absence of parties
If, in a proceeding for dissolution of marriage:
(a) a joint application has been made in accordance with Part B of Form 4; or
(b) both:
(i) at the date of the hearing there are no children of the marriage, within the meaning given in subsection 55A (3) of the Act, under the age of 18; and
(ii) the respondent has been served with a request in accordance with Part B of Form 4 not less than 28 days before the date of hearing;
unless a response opposing the application is filed, the court or a Registrar may determine the proceeding even if neither the parties to the proceeding nor their lawyers are present.
Note An application for dissolution of marriage (whether by one party or jointly) may not be determined if there are any children of the marriage who are under 18 and the court is not satisfied that proper arrangements in all the circumstances have been made for the care, welfare and development of the children: see subsection 98A (2A) of the Act.
15 Request not to hear proceedings in parties’ absence — Form 10
(1) If, in proceedings for dissolution of marriage:
(a) a respondent has been served, not less than 28 days before the date of hearing, with a request in accordance with Part B of Form 4; or
(b) a joint application has been made in accordance with Part B of Form 4;
then:
(c) an applicant, or respondent to that application; or
(d) a joint applicant;
may request the court, or a Registrar, not to determine the proceedings in the absence of the parties, by filing and serving on the other party, or the other joint applicant, as the case requires, a notice in accordance with Form 10 not later than 7 days before the date of hearing of the application.
(2) If a notice has been filed and served in accordance with subrule (1) or a response opposing the application has been filed, the court, or a Registrar, must determine the proceedings in open court.
Order 8 Applications other than for principal relief
Unless these Rules provide otherwise, this Order applies to all applications.
Note Order 7 applies to applications for principal relief.
2 No affidavits to be filed
In proceedings to which this Order applies, a party must not file an affidavit unless:
(a) the affidavit is required or authorised to be filed by these Rules; or
(b) the court, or a Registrar, grants leave to do so.
Division 2 Application, hearing date and directions hearing
3 Form of application — Form 3 or 8
(1) An application for a final order for relief (except an application for an order under the Marriage Act 1961) must be in accordance with Form 3.
(2) An application for an order under the Marriage Act 1961 must be in accordance with Form 8.
(2A) An application:
(a) under section 79C or 90N of the Act to stay property settlement or spousal maintenance proceedings; or
(b) under section 79D or 90P of the Act to lift a stay of property settlement or spousal maintenance proceedings;
must be in accordance with Form 8.
(3) Subject to subrule (5), an application for an interim or procedural order (whether or not a cross-vesting law is involved) must be in accordance with Form 8.
(4) A person filing an application in accordance with Form 3 must file at the same time an Information Sheet in a form approved by the Principal Registrar.
(5) An application for interim or procedural orders may be included in an application seeking final orders in accordance with Form 3, 3A or 3B.
(6) An application for review of an award of arbitration must be in accordance with Form 3.
3AA Use of Forms 3, 3A and 3B
If a person files an application in accordance with Form 3 that seeks interim or procedural orders, these Rules apply to that part of the application as if the application were filed in accordance with Form 8 and a reference to Form 8A is to be read as a reference to Form 3A or 3B, as the case requires.
3A Application for interim or procedural order only if final orders sought
(1) Without leave of the Court, a person may not seek interim or procedural orders unless there is a pending application by that person for final orders in that cause of action.
(2) However, the DPP may make an application mentioned in subrule 3 (2A) without filing an application for final orders in the cause of action to which the application relates.
4 Application where no Form prescribed — Form 8
If:
(a) an order is sought in a court having jurisdiction under the Act; and
(b) no form of application is provided by these Rules;
the application must be in accordance with Form 8.
5 Application by amendment
If:
(a) a party has filed an application in accordance with Form 3 or 3A; and
(b) the party wishes to make a further claim in relation to a different cause of action, other than:
(i) an application under a cross-vesting law; or
(ii) for the maintenance of a child or a party;
the party must amend the application in accordance with Order 9, Division 3.
6 Contents of application
(1) An application must:
(a) comply, as nearly as practicable, with the prescribed Form; and
(b) specify, briefly, but precisely, the orders that the court is asked to make.
(2) An application instituting proceedings in:
(a) a Supreme Court; or
(b) a court of summary jurisdiction;
of a Territory must state whether the applicant or respondent is ordinarily resident in the Territory.
7 Affidavit in support
(1) An applicant who files an application seeking interim or procedural orders must file and serve with the application an affidavit in accordance with subrule (2).
(2) Subject to subrule (3), the affidavit must:
(a) comply with Order 16; and
(b) set out only the facts on which the court will be asked to make the interim or procedural orders sought.
(3) Facts exceeding 1 folio that have been set out in a previous affidavit in the proceedings may be incorporated by reference to the relevant paragraph or paragraphs of the previous affidavit.
9 Hearing dates
(1) If an application in accordance with Form 3 or 8 is filed in a court (except a court of summary jurisdiction), the Registrar must:
(a) fix a date for the hearing of the application or for a case assessment conference; and
(2) If an application is filed in accordance with Form 3 (except if interim orders are sought), in a court other than a court of summary jurisdiction, the Registrar must fix a date for a case assessment conference or directions hearing that is as near as practicable to 42 days after the date when the application is filed.
(3) Subject to subrule (4), the date fixed for the hearing of an application in which interim or procedural orders are sought, must be:
(a) a date that is as near as practicable to, but not earlier than, 28 days after the application is filed; or
(b) if:
(i) there are other proceedings (except proceedings for principal relief) on foot between the same parties; and
(ii) a date has been fixed for the hearing of those other proceedings, or for a directions hearing in relation to those other proceedings; and
(iii) that date is considered by the Registrar to be reasonable in the circumstances;
the date of that hearing or directions hearing.
(4) If an application to which this rule applies is an application for an order for urgent relief, the applicant may apply ex parte to the Registrar requesting the Registrar to fix an early date for the hearing of the application.
(5) If an application is made under subrule (4), the Registrar may fix as the date for the hearing of an application the date that the Registrar considers appropriate in the particular circumstances.
10 Hearing date — court of summary jurisdiction
If an application to which this Division applies is filed in a court of summary jurisdiction, the Registrar of that court must:
(a) fix a date for the hearing of the application; and
11 Service of application
An application in accordance with Form 3 or 8 must be served in accordance with Order 18.
Division 3 Documents to be filed with application
12 Filing of marriage certificate or other document with application
(1) Subject to this rule, an applicant must file with an application:
(a) if the relevant marriage has not been annulled or dissolved — a marriage certificate; or
(b) if the relevant marriage has been annulled — a marriage certificate, decree of nullity, or other certificate or record of the annulment; or
(c) if the relevant marriage has been dissolved — a marriage certificate, certificate of decree absolute, or other certificate or record of the dissolution; or
(d) if the application relates to an ex-nuptial child — the child’s birth certificate; or
(e) for an application under section 79C or 90N of the Act to stay property settlement or spousal maintenance proceedings — a sealed copy of the proceeds of crime order or forfeiture application covering the property of the parties to the marriage or either of them, if not already filed; or
(f) for an application under section 79D or 90P of the Act to lift a stay of property settlement or spousal maintenance proceedings — either of the following documents, if not already filed:
(i) the written notice of the DPP’s consent under section 79D or 90P of the Act;
(ii) proof that the proceeds of crime order has ceased to be in force or that the forfeiture application has been finally determined.
(2) If, under subrule (1), a certificate or record is required to be filed, the applicant may file a photocopy or certified copy of the certificate or a certified copy of the record instead of the original certificate or record.
(3) If an applicant is not able to file a document required by subrule (1), the applicant must:
(a) file an affidavit setting out the facts and circumstances by reason of which the applicant is not able to file the document; or
(b) give to the Registrar an undertaking, satisfactory to the Registrar, to file the document within a specified time.
(4) An applicant need not file a document required by subrule (1) if the applicant has already filed the document in relation to other proceedings in the same registry.
(5) If a document required by subrule (1) is not in English, the applicant must file with the application:
(a) a translation of the document in English; and
(b) an affidavit by the person who made the translation verifying the translation and setting out the person’s qualifications to make the translation.
13 Application seeking financial relief
If an application to which this Order applies seeks relief (other than interim or procedural relief) in relation to financial matters, the applicant must file and serve with the application a financial statement in accordance with Order 17, rule 2.
Division 3A Proceeds of crime orders and forfeiture applications
13A Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)
(1) This rule applies if a party to property settlement or spousal maintenance proceedings is required to give the Registrar written notice under subsection 79B (3) or 90M (3) of the Act of a proceeds of crime order or forfeiture application.
(2) The written notice must:
(a) have attached to it a sealed copy of the proceeds of crime order or forfeiture application, if not already filed; and
(b) be filed as soon as possible after the party is notified by the DPP under paragraph 79B (3) (b) or 90M (3) (b) of the Act.
Division 4 Response and reply
14 Response to application — Form 3A
(1) A respondent to an application in accordance with Form 3 may file and serve a response to the application in accordance with Form 3A.
(2) In a response under subrule (1):
(a) the respondent must:
(i) indicate the facts set out in the application with which the respondent disagrees; and
(ii) set out briefly and precisely the orders that the respondent will ask the court to make; and
(b) the respondent may:
(i) if the respondent consents to an order sought by the applicant — indicate the consent; or
(ii) ask the court to make another order; or
(iii) ask the court to dismiss the application; or
(iv) seek orders in a cause of action other than the cause of action set out in the application.
15 Applicant’s reply in certain circumstances — Form 3B
If a respondent files and serves a response that seeks orders in a cause of action (except the cause set out in the relevant application), the applicant may file and serve a reply, in accordance with Form 3B, to the response.
16 Time for service of response and reply
If practicable, a response or reply to which rule 14 or 15 applies must be filed and served at least 7 days before the date fixed for the case assessment conference or directions hearing in the relevant proceedings.
17 Response to Form 8 application — Form 8A
(1) If a party (except an applicant) seeks an order (including an order for dismissal of the proceedings) in proceedings commenced by an application in accordance with Form 8, the party must file and serve a response in accordance with Form 8A.
(2) A party who files and serves a response in accordance with Form 8A may file and serve with the response an affidavit that is substantially in accordance with subrule (3) and Order 16.
(3) The deponent must set out, briefly and precisely, in the affidavit:
(a) in paragraph 1:
(i) that the deponent is the party on whose behalf the affidavit is filed; or
(ii) the deponent’s relationship to that party; and
(b) the evidence on which the court is asked to:
(i) make the orders (if any) sought by the deponent; or
(ii) dismiss the application.
18 Time to file and serve response to Form 8 application
If practicable, a response and any supporting affidavit to which rule 17 applies must be filed and served at least 7 days before the date fixed for:
(a) the hearing of the application; or
(b) the directions hearing;
as the case may be.
19 Response objecting to jurisdiction — Form 14
(1) If a respondent to proceedings to which this Order applies wishes to contest the jurisdiction of the court, the respondent must file and serve a response to the application in accordance with Form 14.
(2) If the court overrules an objection to its jurisdiction, the court must give directions for the further conduct of the proceedings.
Order 8A Federal Magistrates Court
Division 1 Transfer of proceedings from the Federal Magistrates Court
1 Order must be filed
(1) A sealed copy of the order of the Federal Magistrates Court transferring a proceeding to the court must, unless the Federal Magistrates Court otherwise directs, be filed:
(a) if the order is obtained by a party — by that party; or
(b) if the order is made by the Federal Magistrates Court on its own motion — by the applicant in the proceeding.
(2) The sealed copy of the order must be filed:
(a) if the order names a Registry — in the Registry named in the order; and
(b) otherwise — in the Registry nearest to the place where the Federal Magistrates Court heard the proceeding.
2 Filing and service
(1) The Registrar must give the order a distinctive number as if it were an application filed in the Registry.
(2) The Registrar must:
(a) fix a date for a directions hearing as soon as practicable; and
(b) give notice of the date to each of the parties.
(3) The party who files the order must serve a copy of the order:
(a) on each other party to the proceeding in the Federal Magistrates Court; and
(b) on any other person as the court directs.
(4) If a party has an address for service in the Federal Magistrates Court proceeding, the copy of the order may be served on the party by delivery to that address.
3 Conduct of a transferred proceeding
These Rules apply to a proceeding transferred from the Federal Magistrates Court as if it were a proceeding instituted in the Court.
Division 2 Transfer of proceedings to the Federal Magistrates Court
4 Application for transfer by a party
A party may apply for the transfer of a proceeding to the Federal Magistrates Court.
5 Transfer on court’s own motion
(1) The court may at any time on the court’s own motion transfer a proceeding to the Federal Magistrates Court.
(2) This rule applies whether or not there is an application under rule 4 before the court.
6 Factors to be considered
In deciding whether to transfer a proceeding to the Federal Magistrates Court, factors that the Court may take into account, in addition to the factors to which the Court must have regard under subsection 33B (6) of the Act, include:
(a) the importance of the outcome of the proceeding to the public, such that it would be desirable for there to be a decision of the Family Court on one or more of the points in issue; and
(b) whether, if the proceeding is transferred, it is likely to be dealt with at less cost and more convenience to the parties than if the proceeding is not transferred; and
(c) whether the proceeding is likely to be dealt with earlier if it is transferred; and
(d) the availability of a judicial officer specialising in the type of proceeding to be transferred; and
(e) the availability of particular procedures appropriate for the type of proceeding; and
(f) the financial value of the claim; and
(g) the complexity of the facts, legal issues, remedies and procedures involved; and
(h) the comparative facilities available and whether they are inadequate for a party or witness; and
(i) the wishes of the parties.
Note Subsection 33B (6) of the Act provides that, in deciding whether a proceeding should be transferred to the Federal Magistrates Court, the court must have regard to:
Note: (a) any Rules of the Court made for the purposes of the transfer of proceedings; and
Note: (b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and
Note: (c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and
Note: (d) the interests of the administration of justice.
7 Proceeding transferred to the Federal Magistrates Court
On the transfer of a proceeding to the Federal Magistrates Court, the Registrar must send to the proper officer of the Federal Magistrates Court all documents filed and orders made in the proceeding.
Order 9 Conduct of proceedings other than for principal relief
Division 1 Application
This Order applies to all proceedings except proceedings for principal relief.
Division 1A Case assessment conference
1A Case assessment conference
(1) If the court or a Registrar considers that it would be advantageous to do so, the court or Registrar may order the parties to a proceeding to attend a case assessment conference.
(2) Unless the court or a Registrar otherwise orders:
(a) a party must attend a case assessment conference in person; and
(b) if the party is represented by a lawyer — the lawyer must also attend the case assessment conference.
(3) A case assessment conference must be held in the presence of a Registrar, a family and child counsellor or a welfare officer, as specified in the order.
(4) At the case assessment conference, the person conducting the case assessment conference may:
(a) attempt to resolve the proceeding or any part of the proceeding by agreement; and
(b) assess the appropriate future conduct of the matter.
1B After case assessment conference
(1) At the end of a case assessment conference, the person who conducted the case assessment conference must ensure that a memorandum in accordance with Form 69A is given to the court and to each party.
(2) If all issues are not resolved at the end of a case assessment conference, the Registrar must conduct a directions hearing.
Division 2 Directions hearing
2 Scope of directions hearing
(1) At a directions hearing, the court, or a Registrar, must give appropriate directions in relation to the conduct of the proceedings.
(2) At a directions hearing, as far as practicable, all interim and procedural applications in the proceedings must be heard.
(3) At a directions hearing, the court, or a Registrar, may:
(a) fix a date for a further directions hearing; or
(b) if the parties agree and the court, or the Registrar, thinks fit — hear and determine the proceedings; or
(c) if no applicant appears at the hearing — do any of the following:
(i) dismiss the application;
(ii) make any other order the court, or the Registrar, thinks appropriate; or
(d) if no respondent appears at the hearing — do any of the following:
(i) make the order sought by the applicant;
(ii) make any other order the court, or the Registrar, thinks appropriate;
(iii) give any direction the court, or the Registrar, thinks appropriate.
(4) At a directions hearing, each party must, as far as practicable, apply for:
(a) any interim or procedural order that has not already been sought in a previous application; and
(b) any necessary directions under subrule (5).
(5) At a directions hearing, the court, or a Registrar, may:
(a) investigate the possibility of settlement of any issue in the proceedings; and
(b) make orders or directions in relation to any aspect of the following matters:
(i) consent orders;
(ii) attendance of parties at information sessions;
(iii) counselling;
(iv) mediation;
(v) arbitration;
(vi) defining the issues and orders sought;
(vii) appointment of child representatives;
(viii) giving notice to persons who are not parties to the proceedings;
(ix) amendment of documents;
(x) conciliation or pre-trial conferences;
(xi) production of documents at a conciliation conference;
(xii) production, filing and exchange of market appraisals or valuations of property;
(xiii) withdrawal of proceedings;
(xiv) costs.
3 Adjournment of directions hearing
(1) If the parties to proceedings agree that, because of short service or other special circumstances, it is not appropriate for a directions hearing to proceed on the date fixed by the Registrar, the parties may request the Registrar to adjourn the directions hearing.
(2) A request must be made by a letter that sets out:
(a) why it is appropriate to adjourn the directions hearing; and
(b) the date to which the directions hearing is sought to be adjourned.
(3) The request must:
(a) be signed by all parties; and
(b) be delivered to the Registrar before 12 noon on the day before the date fixed for the directions hearing.
(4) If a request is made, the Registrar, without requiring the parties to appear before the court, but subject to subrules (5) and (6), must adjourn the directions hearing to:
(a) the date requested; or
(b) a date that is practicable.
(5) The Registrar must not adjourn the directions hearing more than twice under this rule.
(6) An adjournment must not be for more than 4 weeks.
Division 3 Amendment
document means an application, a response or a reply.
5 Amendment by a party
A party who has filed and served a document may amend the document without the leave of the court, or the consent of any other party to the proceedings, at any time before a date is fixed for the hearing of the proceedings.
6 Amendment by the court
(1) At any time, the court, or a Registrar, may give a party leave to amend a document that has been filed, even if the effect is:
(a) to add or substitute a claim arising after the commencement of the proceedings; or
(b) to substitute or add another person as a party to the proceedings.
(2) If the court, or a Registrar, gives a party leave to amend a document, the court, or the Registrar, may give directions in relation to:
(a) the time within which the amendment must be made; and
(b) the manner in which the amendment must be made; and
(c) the service of the amended document.
(3) If the court, or a Registrar, does not fix a time for service of an amended document under paragraph (2) (c), the amended document must be served not later than 14 days after the date on which the order giving leave to amend the document was made.
7 Time limit for amendment by leave of the court
An order giving leave under rule 6 ceases to have effect:
(a) on the expiry of the period fixed by the order for the making of the amendment; or
(b) if no period is fixed — at the end of 14 days after the order is made.
8 Filing amendment by party
Unless the Registrar directs otherwise, if a party amends a document, the party must file with the Registrar a copy of the amended document that clearly indicates each of the amendments.
9 Endorsement of amended document
If a party amends a document, the party must endorse on the amended document:
(a) if the document was amended by leave of the court or a Registrar:
(i) the date on which leave was given; and
(ii) the date on which the amendment was made; and
(b) the date on which the amended document was filed.
10 Service of amended document
If a party amends a document, the party must serve a copy of it on each other party to the proceedings who has an address for service.
11 Response to amended document
(1) If an amended document:
(a) has been served on a party; and
(b) affects a document previously filed by the party (the affected document);
the party may amend the affected document in accordance with this Division.
(2) A party who wishes to amend an affected document must do so not later than:
(a) the date specified in the order giving leave to amend; or
(b) in any other case — 14 days after service on the party of the amended document.
(3) A party who:
(a) has filed an affected document; and
(b) does not:
(i) amend the affected document; and
(ii) file the document as so amended;
is taken to rely on the document as originally filed by the party.
Division 4 Discontinuance
12 Discontinuance — Form 15A
(1) Subject to subrule (3), an applicant or a respondent may discontinue an application wholly, or in part, by filing a notice of discontinuance in accordance with Form 15A.
(2) A notice of discontinuance may be filed:
(a) without the leave of the court, or a Registrar — at any time before the day fixed for the final hearing of the application; or
(b) with the leave of the court, or a Registrar — at any later time.
(3) If:
(a) the proceedings relate to property of the parties, or of any party; and
(b) one of the parties dies before the proceedings are determined;
the application must not be discontinued except with the leave of the court, or a Registrar.
(4) If a party files a notice of discontinuance, the party must serve a copy of it on each other party to the proceedings who has an address for service, as soon as practicable after filing the notice.
(5) Discontinuance of an application by a party to proceedings does not prevent another party to the proceedings from using the application or response in cross-examination or in evidence.
(6) The Registrar must mark an application that is discontinued accordingly.
(7) Unless the court, or a Registrar, otherwise orders, an application that is discontinued must be retained on the court file.
(8) If a party to proceedings discontinues an application, either wholly, or in part, any other party to the proceedings may make an application to the court, or a Registrar, for costs.
(9) An application for costs under subrule (8) must be made by a party:
(a) not later than 28 days after service on the party of the notice of discontinuance; or
(b) within the time that the court, or a Registrar, allows.
Order 11 Proceedings for maintenance or contribution
This Order applies to an application for:
(a) maintenance; or
(b) a contribution mentioned in section 67B of the Act.
Division 2 Applications for maintenance and property
1A Application for spousal maintenance and property
An application for spousal maintenance that is made at the same time as an application with respect to the property of a party to the application, or when such an application is pending, must be made in accordance with Order 8.
Division 3 Applications for maintenance only
1B Application for maintenance or contribution only — Form 12
(1) This Division applies to all applications for maintenance or contribution except an application mentioned in Division 2.
(2) An application for maintenance or contribution must be in accordance with Form 12.
2 Hearing date
(1) If an application is filed, the Registrar must:
(a) fix a date for the hearing of the application; and
(2) The date fixed for the hearing of the application must be as near as practicable to, but not earlier than, 28 days after the date on which the application is filed.
3 Certain documents not required
Unless the court, or a Registrar, otherwise orders, an applicant who makes an application, or a respondent to that application, is not required to file:
(a) a financial statement in accordance with Order 17, rule 2; or
(b) (unless rule 3A applies) an affidavit.
3A Application for step-parent to maintain
(1) This rule applies to an application for a child maintenance order (including an order under section 66M of the Act) if:
(a) the applicant and respondent are the parent and step-parent of the child or children to whom the application relates; and
(b) the respondent consents to, or does not oppose, the order sought.
(2) The applicant must:
(a) file an affidavit setting out:
(i) whether the parties are separated; and
(ii) the financial circumstances of the parties; and
(iii) the reason for seeking the order; and
(iv) the obligations, or potential obligations, of each party for child support for any other child; and
(b) serve a copy of the application on each person likely to be affected by the order.
Note A person affected by the order may be the Child Support Agency.
4 Response — Form 12B
If a respondent to an application intends to ask the court to make an order other than the order sought by the applicant, the respondent must:
(a) file a response in accordance with Form 12B; and
(b) serve that response on the applicant as soon as practicable after it is filed.
5 Information to be provided
(1) If a person wishes to apply personally, rather than by a lawyer, the Registrar must give the person:
(a) a pamphlet prepared by the Principal Registrar that sets out:
(i) how to complete Form 12; and
(ii) how an application must be served; and
(iii) how the applicant must prove that the application was served; and
(iv) the procedure that will be followed at the hearing; and
(v) the documents that the applicant must bring to the hearing; and
(b) if the applicant seeks child maintenance — an estimate of the costs of maintaining a child, being an estimate in accordance with published research of the Australian Institute of Family Studies; and
(c) a blank form of response in accordance with Form 12B.
Note The blank form of response referred to in paragraph (c) is intended to be given to a respondent at the same time as an application is served on the respondent.
(2) If an application is served on a respondent, the person serving the application must also give the respondent:
(a) a blank form of response in accordance with Form 12B; and
(b) a pamphlet prepared by the Principal Registrar that sets out:
(i) the procedure that will be followed at the hearing; and
(ii) the documents that the respondent must bring to the hearing; and
(iii) what may happen if the respondent does not come to the hearing; and
(iv) how to oppose the application; and
(v) how to complete Form 12B; and
(vi) how the response in accordance with Form 12B is to be served; and
(c) if the applicant seeks child maintenance — an estimate of the costs of maintaining a child, being an estimate in accordance with published research of the Australian Institute of Family Studies.
6 Documents to be provided by respondent
A respondent to an application must bring the following documents to the court on the date fixed for the hearing of the application:
(a) a copy of the respondent’s taxation return for the most recent financial year;
(b) the respondent’s taxation assessment for the most recent financial year;
(c) the respondent’s bank records for the 12 months immediately preceding the date on which the application was filed;
(d) the respondent’s most recent pay advice;
(e) any document in the respondent’s possession, custody or control that may assist the court in determining the income, needs and financial resources of the respondent.
7 Hearing
So far as practicable, the court must hear and determine an application:
(a) on the date fixed for the hearing of the application; and
(b) without a directions hearing.
Order 12 Urgent ex parte applications
1 Ex parte applications
(1) In an urgent case on an application made ex parte, a court may make an order until a specified time or until further order.
(2) An ex parte application under subrule (1) shall be made in accordance with this Order.
2 Form of application
Unless the court otherwise orders an application in accordance with this Order shall be made in writing and shall be accompanied by a minute of the order sought.
3 Evidence supporting ex parte application
Unless the court otherwise orders, on an application in accordance with this Order being made, the applicant shall establish, by affidavit or with the leave of the court by oral evidence:
(a) whether there have been any previous proceedings between the parties and, if so, the nature of those proceedings;
(b) the particulars of any orders currently in force between the parties, specifying the courts in which such orders were made;
(c) the steps that have been taken to inform the respondent or the respondent’s lawyer of the applicant’s intention to make the application or, where no such steps have been taken, the reasons why no such steps have been taken;
(d) the nature and immediacy of the damage or harm which may result if the order sought in the application is not made;
(e) the grounds upon which the applicant claims that the making of the order sought in the application is a matter of urgency and the reasons why, in lieu of the making of an order ex parte, an abridgement of the time for service of the application and the fixing of an early date for hearing would not be appropriate; and
(f) the other facts, matters and circumstances relied upon by the applicant in support of the application.
4 Directions for further hearing where no order made
Where an application is made in accordance with this Order and the court does not make an order of the kind sought in the application, the court may give such directions with respect to the filing of a written application, the service of the application and the hearing of the application as it thinks fit.
5 Directions for further hearing where order made
(1) Where, upon an application made ex parte, a court makes an order of a kind referred to in rule 1, the order shall be expressed to operate only until a specified time or until further order.
(2) Where a court makes an order of a kind referred to in subrule (1) the court may give such directions as it thinks fit with respect to:
(a) the service of the order and of other documents relating to the order; and
(b) the date for hearing the application.
Order 13 Oral applications in pending proceedings
1 Oral applications during a hearing
The court may, on the hearing of an application, permit a further application relating to or arising out of the first-mentioned application to be made orally, upon such conditions as the court thinks fit.
2 Orders without written application
In, or in relation to, proceedings, the court or a Registrar may, without written application, make an order with respect to the following matters:
(a) consolidation of hearing of applications;
(b) service of documents, and dispensing with service of documents;
(c) admission of facts or documents;
(d) the giving of particulars;
(e) presentation of evidence by affidavit or in another documentary form;
(f) answering specific questions;
(g) conferences between the parties with a view to settling differences relating to matters in issue;
(h) conferences with a family and child counsellor or a welfare officer;
(i) obtaining a report from a family and child counsellor or a welfare officer under section 62G of the Act;
(j) appointment of a child’s representative;
(k) with the consent of all parties — mediation;
(l) attendance by the parties at an information session;
(m) registration of a parenting plan, or an agreement revoking a registered parenting plan;
(n) a stay of proceedings under Order 4, rule 3;
(o) any other matter relating to practice and procedure if making the order would help to resolve the matters in issue promptly and inexpensively;
(p) transfer of proceedings to the Federal Magistrates Court.
Order 14 Consent orders and orders under section 87 of the Act
Division 1 Consent orders
1 Applications for consent orders
In proceedings in which orders may be made by consent, an application for an order of that kind may be made in accordance with this Division.
2 Applications for consent orders — Form 12A
(1) Despite any other provision of these Rules, a person may make an initiating application for consent orders in accordance with Form 12A.
(2) This rule does not apply to an application to which Order 11, rule 3A applies.
3 Completing the application
(1) An applicant must swear an affidavit in the form set out as Part H of the application.
(2) A respondent must swear an affidavit in the form set out as Part J of the application.
(3) Part E of the application need not be completed if there are no children under 18.
(4) If an applicant seeks a parenting order, the applicant must complete Part E of the application.
(5) If an applicant seeks financial orders, the applicant must complete Part F of the application.
3A Order for superannuation interest
(1) This rule applies if, in an application for a consent order:
(a) a party seeks an order in relation to a superannuation interest (the order sought); and
(b) the order sought will impose an obligation on the trustee of the eligible superannuation plan in which the interest is held to take particular action in relation to the interest (for example, a payment split).
(2) At least 28 days before filing the application, the party must serve the following documents on the trustee of the eligible superannuation plan in which the superannuation interest is held:
(a) a copy of the draft consent order that the parties intend to apply for, signed by the parties;
(b) a written notice stating that:
(i) the parties intend to apply for the order sought if no objection to the order is received from the trustee within the time mentioned in subrule (3); and
(ii) if the trustee objects to the order sought, the trustee must give the parties written notice of the objection within the time mentioned in subrule (3).
(3) If the trustee does not object to the order sought within 28 days after receiving a notice under subrule (2), the parties may file the application.
4 Original and copies of orders sought to be filed with application
(1) An applicant must file with an application the original, and 2 copies, of the orders sought:
(a) endorsed with the consent of each party; and
(b) in a form that is suitable for signature by a Registrar.
(2) The copies must be certified as true copies by:
(a) the applicant’s lawyer; or
(b) each party to the application.
5 Filing period — consent lapses after 60 days
(1) A respondent’s consent to the proposed consent orders lapses if the applicant does not file the application within 60 days after the day on which the respondent swore the affidavit at the end of Part C of the application.
(2) If there is more than one respondent, the consent of the respondents lapses if the application is not filed within 60 days after the last day on which a respondent swore the affidavit at the end of Part C of the application.
6 Who can make consent orders?
(1) Despite any other provision of these Rules, if an application for consent orders is filed within the period specified in rule 5, a Registrar:
(a) if the Registrar is a Registrar of the Family Court — may make the orders in Chambers; or
(b) in any other case — may bring the matter before a Judge, Judicial Registrar or Magistrate in Chambers.
(2) At any time before the orders are made, the Judge, Judicial Registrar, Registrar or Magistrate may require a party to file additional information.
7 Application in pending proceedings
An application for consent orders in pending proceedings may be made:
(a) orally during a hearing or trial; or
(b) in accordance with rules 8 and 8A.
8 Written consent by party to proceedings
(1) A party to proceedings may consent, in writing, to the making of an order in the proceedings.
(2) A proposed consent order must state that it is made by consent.
(3) If a party consents, the party must file the consent.
(4) Despite any other provision of these Rules, if a consent is filed by a party to the proceedings, a Registrar:
(a) may bring the matter before a Judge, a Judicial Registrar, or a Magistrate, who:
(i) if the Judge, Judicial Registrar, or Magistrate thinks fit; and
(ii) without any other application being made;
may direct the Registrar to prepare, sign and seal an order of the court in accordance with the terms of the consent; or
(b) if the Registrar is a Registrar of a Family Court — may make an order in accordance with the terms of the consent.
(5) For the purposes of subrule (4), a consent to the making of a particular order in proceedings is taken to be filed by each party to the proceedings if a consent that sets out the proposed order:
(a) is filed by one of the parties to the proceedings; and
(b) bears the signed endorsement of each other party.
(6) A consent order made under this rule is taken to be of the same force and validity as if it had been made after a hearing by the court.
8A Proposed order for superannuation interest
(1) This rule applies if, in a proposed consent order:
(a) a party seeks an order in relation to a superannuation interest (the order sought); and
(b) the order sought will impose an obligation on the trustee of the eligible superannuation plan in which the interest is held to take particular action in relation to the interest (for example, a payment split).
(2) At least 28 days before filing the proposed consent order, the party must serve the following documents on the trustee of the eligible superannuation plan in which the superannuation interest is held:
(a) a copy of the proposed consent order that the parties intend to file, signed by the parties;
(b) a written notice stating that:
(i) the parties intend to file the proposed consent order if no objection to the order is received from the trustee within the time mentioned in subrule (3); and
(ii) if the trustee objects to the order sought, the trustee must give the parties written notice of the objection within the time mentioned in subrule (3).
(3) If the trustee does not object to the order sought within 28 days after receiving a notice under subrule (2), the parties may file the proposed consent order.
Division 2 Applications under section 87 of the Act
9 How to apply
An application for approval of a maintenance agreement under section 87 of the Act must be made:
(a) orally during a hearing or trial in the proceedings; or
(b) by filing an application in accordance with Form 8.
10 Documents to be filed by applicant
(1) An applicant for approval of a maintenance agreement must:
(a) in the case of an oral application — provide to the court; or
(b) in the case of an application in writing — file with the application;
the documents specified in subrule (2), unless the applicant has already done so.
(2) The documents are:
(a) a financial statement in accordance with Order 17, rule 2; and
(b) if an affidavit or other document is necessary to support the application and is relevant to the question of whether the provisions of the agreement with respect to financial matters are proper — the affidavit or document.
11 Documents to be filed by respondent
Before the date fixed for the hearing of an application, a respondent must file:
(a) a financial statement in accordance with Order 17, rule 2; and
(b) if an affidavit or other document is necessary to support the respondent’s position in relation to the application and is relevant to the question of whether the provisions of the agreement with respect to financial matters are proper — the affidavit or document.
Order 15 Parties and next friends
Division 1 Parties
1 Application for parenting order
If a parenting order is sought in proceedings, unless the court or a Registrar otherwise orders, the parties must include:
(a) the parents of the child; and
(b) any other person in whose favour a parenting order has been made in relation to the child; and
(c) any other person or body on whom any aspect of parental responsibility has been conferred by order in relation to the child.
2 Person may be joined as party
(1) A party to proceedings may join any person as a party to the proceedings by:
(a) naming the person as a party in:
(i) the application initiating proceedings; or
(ii) the response to the application; or
(iii) the reply to the response; and
(b) serving on the person a copy of the application, response or reply and any other relevant documents filed in the proceedings.
(2) A person may not be joined as a party after the directions hearing without the leave of the court.
(3) The court may at any time order a party who has joined a person as a party to proceedings to file and serve on each other party to the proceedings an affidavit setting out the basis on which the person has been joined.
3 Party may apply to be removed
(1) Any party to proceedings may apply to the Court to be removed as a party by filing an application in accordance with Form 8.
(2) The party must file with the application an affidavit setting out:
(a) the relationship (if any) of the applicant to the other parties; and
(b) the evidence in support of the application.
(3) The party must serve a copy of the application and affidavit on each other party to the proceedings.
4 Court may order notice to be given
At any time during proceedings, the court or a Registrar may order a party, or a person who seeks leave to intervene, to give notice to a person specified in the order stating:
(a) that proceedings have been instituted; or
(b) that a person seeks leave to intervene in the proceedings; or
(c) any other fact or matter the court or Registrar thinks appropriate.
Division 2 Intervention
5 Intervention in proceedings by a person not a party
(1) If a person who is not a party to proceedings seeks to intervene in the proceedings, the person must file an application for leave to intervene in accordance with Form 8.
(2) The person must file with the application an affidavit setting out:
(a) the relationship (if any) of the applicant to the parties; and
(b) the orders (if any) that the applicant will ask the court to make if granted leave to intervene; and
(c) the evidence in support of the application.
(3) The person must serve the application and affidavit on each other party to the proceedings.
(4) The court, or a Registrar, may make any orders it thinks proper with respect to the application including an order for intervention on limited terms or as to the filing of further documents.
6 Intervention by Attorney-General in proceedings generally
If the Attorney-General intervenes in proceedings, the Attorney-General must:
(a) file a notice:
(i) stating that the Attorney-General intervenes in the proceedings; and
(ii) setting out the basis or grounds of the intervention; and
(iii) setting out the orders (if any) sought; and
(b) if the proceedings are under section 58 of the Act — file an affidavit setting out the facts and matters relied on in support of the intervention; and
(c) serve a copy of the notice and affidavit (if any) on each other party to the proceedings.
7 Child to whom State welfare law applies
If, on an application for leave to intervene in proceedings under section 92 of the Act in relation to a child to whom subsection 69ZK (1) of the Act applies, the court does not grant leave, it may adjourn the proceedings and give the Attorney-General notice of its refusal to grant leave and of the date to which the proceedings are adjourned.
Division 3 Proceedings after death
8 Proceedings after death of a person
(1) A court may make any orders it thinks proper with respect to proceedings if:
(a) a person dies; and
(b) under the Act, the proceedings may be instituted or continued by or against the person’s estate or legal personal representative.
(2) The orders may include:
(a) an order that the legal personal representative be substituted for the deceased person as a party; and
(b) an order that notice of the proceedings be given to a person in the manner directed by the court; and
(c) an order granting leave to a person to intervene in the proceedings on the terms the court thinks fit; and
(d) an order for the amendment of an application or other document in the proceedings, in the manner and subject to the conditions that the court thinks fit.
Division 4 Person needing next friend
9 Definition
person who needs a next friend, in relation to proceedings, means a person who, because of physical or mental infirmity, does not understand the nature and possible consequences of the proceedings or is not capable of adequately conducting, or giving adequate instruction for the conduct of, the proceedings.
10 Instituting, continuing, defending or intervening in proceedings
A person who needs a next friend may institute, continue, defend or seek to intervene in proceedings by his or her next friend.
11 Conduct of proceedings by next friend
A person appointed under this Order as the next friend of a party to proceedings:
(a) must do anything required by these Rules to be done by the party; and
(b) may do anything permitted by these Rules to be done by the party.
12 Service
(1) This rule applies if a document is required to be served in proceedings on a person who needs a next friend.
(2) The document may be served on any person (including the person who needs a next friend) whom the Court may, before or after service, approve.
(3) If the person has a next friend in the proceedings, the document may be served on the next friend.
(4) Unless a next friend is taken to be appointed under rule 16, the document may be served on a person with whom the person who needs a next friend is residing or who has the care of the person who needs a next friend.
(5) However, service of a document on a person who needs a next friend is taken not to have been effected unless the court is satisfied:
(a) that the nature and contents of the document was brought to the notice of the person; or
(b) that the person could not understand the nature and contents of the document; or
(c) that to bring to the attention of the person the nature and content of the document would be injurious to the person.
(6) For subrule (4), a superintendent or other person in direct charge of a hospital or nursing home is taken to have the care of a person who is a patient in the hospital or nursing home.
13 Attorney-General may appoint next friend
(1) The Attorney-General may appoint in writing a person (including a corporation sole) to be an authorised person for the purposes of this rule, either generally or for a particular person.
(2) If an authorised person consents to be next friend of a person in proceedings by filing a consent in accordance with Form 29, the authorised person is taken to be appointed as the next friend of that person in the proceedings.
14 Court may appoint next friend
(1) If a party to proceedings is a person who needs a next friend, the court may appoint a person to be next friend of the party:
(a) on the application of a person under this Order; or
(b) if it appears to the court to be necessary, of its own motion.
(2) If the person to be appointed is not a corporation mentioned in subrule 15 (2), before making an appointment the court must be satisfied that the person:
(a) is a fit and proper person to be next friend of the party; and
(b) has no interest in the proceedings adverse to the party; and
(c) has filed a consent in accordance with Form 29.
(3) If a person is to be appointed to be next friend of a party, the court may order a stay of proceedings for such time and on such terms as the court thinks fit.
15 Application for appointment of next friend (for respondent)
(1) If a respondent to an application is a person who needs a next friend and does not file a response, affidavit or notice of address for service in the proceedings, any person, including another party to the proceedings, may apply to the court for the appointment of a next friend for the respondent.
(2) A corporation authorised under the law of a State or Territory to be appointed to defend the action on behalf of a person who needs a next friend may apply to the court to be appointed as next friend for the respondent.
(3) An application under this rule may be made ex parte.
(4) Unless the court otherwise orders, the proceedings must not be continued until a next friend has been appointed for the respondent and the next friend has filed a response, an affidavit or a notice of address for service.
16 Person taken to be appointed next friend
(1) This rule applies if, for a person who needs a next friend, there is:
(a) a committee of the person; or
(b) no committee of person, but a committee of the estate of the person; or
(c) under the law of a State or Territory, a trustee or manager of the person.
(2) The committee, trustee or manager is taken to be appointed as the next friend of the person unless:
(a) the committee, trustee or manager is unable or unwilling to be next friend; or
(b) another person has been appointed as next friend under this Order.
17 Notice of becoming next friend
A person appointed as the next friend of a respondent or intervener in proceedings must, as soon as practicable after the appointment, give notice of the appointment to each other party to the proceedings.
18 Removal of next friend
The court may remove a person as next friend if:
(a) the person makes application to be removed as next friend; or
(b) the court considers that it is appropriate that the person be removed as next friend.
19 Costs and expenses of next friend
The court may make such orders as it thinks fit for the payment of the costs and expenses of a next friend (including the costs of an application for the appointment of a next friend):
(a) by a party; or
(b) from the income or assets of the person for whom the next friend is appointed.
Order 16 Affidavits
1 Form of affidavit — Form 16
(1) An affidavit must be in accordance with Form 16.
(2) An affidavit must be divided into paragraphs, numbered consecutively, each paragraph being, as far as possible, confined to a distinct portion of the subject-matter.
2 Signing of affidavit
(1) The deponent and the person before whom an affidavit is sworn must sign each page of the affidavit.
(2) Subject to subrule (3), the deponent and the person before whom an affidavit is sworn must initial alterations, interlineations or erasures in the affidavit.
(3) A deponent who is physically incapable of signing an affidavit need not:
(a) sign the affidavit; or
(b) initial alterations, erasures or interlineations in it.
(4) A person before whom an affidavit is sworn must print his or her name legibly under, or beside, the signature, after signing the jurat.
3 Affidavit by blind or illiterate person etc
(1) If the person before whom an affidavit is sworn considers that the deponent is illiterate or blind, the person must certify, in or below the jurat, that at the time the affidavit was sworn:
(a) the affidavit was read aloud to the deponent; and
(b) the deponent seemed to understand the affidavit.
(2) If it appears to a person before whom an affidavit is sworn that the deponent is physically incapable of signing the affidavit, the person must certify, in or below the jurat, that at the time the affidavit was sworn:
(a) the affidavit was read aloud to the deponent; and
(b) the deponent seemed to understand the affidavit; and
(c) the deponent signified that the deponent swore the affidavit.
(3) If an affidavit is to be made by a person who does not have an adequate command of English:
(a) the affidavit and the oath or affirmation to be taken must be translated to the deponent into a language that the deponent understands; and
(b) the person who translated the affidavit and the oath or affirmation must certify, in or below the jurat, that the person has done so.
(4) If an affidavit is made by a deponent who:
(a) is illiterate or blind; or
(b) is physically incapable of signing the affidavit; or
(c) does not have an adequate command of English;
and the certificate required by subrule (1), (2) or (3) has not been provided, the affidavit is not to be used unless the court, or a Registrar, is satisfied that:
(d) the affidavit was read aloud or translated to the deponent, as the case requires; and
(e) the deponent seemed to understand it; and
(f) in the case of a person who is physically incapable of signing the affidavit — the deponent signified that the deponent swore the affidavit.
4 Documents attached or exhibited
(1) A document that is to be used in conjunction with an affidavit must be attached to, or made an exhibit to, the affidavit.
(2) An attachment to an affidavit must bear an endorsement, signed by the person before whom the affidavit is sworn, that identifies the attachment as the particular attachment referred to in the affidavit.
(3) An exhibit to an affidavit must be identified:
(a) by the title and number of the proceedings in which the affidavit is filed; and
(b) by the person before whom the affidavit is sworn — as the particular exhibit referred to in the affidavit.
(4) If a document is attached or exhibited to an affidavit, a copy of the document must be served with the affidavit.
5 Cover sheet
An affidavit must have a cover sheet bearing, in addition to the matters required by Order 2, rule 3:
(a) the name of the deponent; and
(b) the date upon which the affidavit was sworn.
6 Name of person who prepares or settles affidavit
(1) If a lawyer prepares or settles, or supervises the preparation or settling of, an affidavit, the lawyer must endorse on the affidavit, immediately after the jurat, a statement to that effect including the lawyer’s name.
(2) If a party to proceedings prepares an affidavit, the party must endorse on the affidavit, immediately after the jurat, a statement to that effect including the party’s name.
7 Filing and service of affidavit
A party who intends to rely on an affidavit in proceedings must:
(a) file the affidavit; and
(b) serve it on each other party to the proceedings;
as soon as practicable after it is sworn and a reasonable time before the hearing at which the party intends to rely on it.
8 Affidavit that does not comply with these Rules
If an affidavit does not comply with these Rules, the court, or a Registrar, may order that the affidavit must not be received in evidence.
9 Striking out of objectionable material
(1) The court, or a Registrar, may order material to be struck out of an affidavit, at any stage of proceedings, if:
(a) the material is inadmissible, unnecessary, irrelevant, prolix, scandalous or argumentative; or
(b) the material sets out opinions of persons who are not properly qualified to give them.
(2) If the court, or a Registrar, orders material to be struck out of an affidavit, the party who filed the affidavit must pay the costs (if any) caused by the material struck out, unless the court, or the Registrar, otherwise orders.
10 Notice to attend for cross-examination
(1) A party may require a named deponent to attend for cross-examination, by written notice given to a party by whom an affidavit was filed.
(2) If a party requires a deponent to attend for cross-examination and the deponent fails to do so, the court, or a Registrar, may:
(a) refuse to allow the deponent’s affidavit to be used; or
(b) allow the affidavit to be used only on terms directed by the court, or the Registrar; or
(c) adjourn the proceedings until the deponent attends for cross-examination.
11 Deponent’s attendance and expenses
The court, or a Registrar, may make any orders the court, or the Registrar, thinks fit regarding the attendance of, and the payment of the out-of-pocket expenses of, a deponent who attends for cross‑examination in accordance with rule 10.
12 Dates etc to be in figures
In an affidavit, dates (except the name of a month), numbers and amounts of money must be written in figures and not in words.
13 Two or more deponents
(1) If an affidavit is sworn by 2 or more deponents, the full name of each deponent must be set out:
(a) at the beginning of the affidavit; and
(b) subject to subrule (2), in the jurat.
(2) If all the deponents swear the affidavit at the same time and before the same person, the jurat need only state that the affidavit was sworn by all the “abovenamed” deponents.
14 Affidavits not to be filed
(1) A person must not file an affidavit in relation to an application except:
(a) as provided by these Rules; or
(b) by order of a court, or a Registrar.
(2) Except as otherwise provided in these Rules, an affidavit filed under subrule (1), or by order of a court or a Registrar, must be received in evidence only for the purpose of the application in relation to which it was filed.
Order 17 Financial circumstances
(1) Subject to subrule (2), this Order applies to proceedings with respect to financial matters, including proceedings under section 79, 79A, 85A or 87 of the Act.
(2) Unless the court, or a Registrar, otherwise orders, this Order does not apply to:
(a) applications for interim or procedural orders; or
(b) applications under Order 11, Division 3 or Order 14, Division 1.
2 Superannuation information form and financial statement (Form 17)
(1) This rule applies to a person who:
(a) files an application instituting proceedings to which this Order applies; or
(b) is a respondent to proceedings to which this Order applies and who files a response in those proceedings.
(2) The person must file with the application or response a financial statement in accordance with Form 17.
(3) If the person is seeking an order for property settlement and has a superannuation interest, the person must attach to Form 17 a completed superannuation information form in relation to that interest.
3 Full and frank disclosure
A person who is required by these Rules to file a financial statement in accordance with rule 2 must make in the financial statement a full and frank disclosure of the person’s financial circumstances including details of:
(a) any vested or contingent interest in property (including real or personal property, superannuation and legal and equitable interests); and
(b) the person’s income from all sources, including any benefit received in relation to, or in connection with, the person’s employment or business interests; and
(c) the person’s other financial resources; and
(d) any trust:
(i) of which the person is the appointor or trustee; or
(ii) of which the person, or the person’s child or spouse, or de facto spouse, is an eligible beneficiary as to capital or income; or
(iii) of which a corporation is an eligible beneficiary as to capital or income if the person, or the person’s child or spouse, is a shareholder or director of that corporation; or
(iv) over which the person has any power or control, either direct or indirect; or
(v) of which the person has the power, directly or indirectly, to remove or appoint a trustee; or
(vi) of which the person has the power (whether subject to the concurrence of another person or not) to amend the terms; or
(vii) of which the person has the power to disapprove:
(A) a proposed amendment of the terms; or
(B) the appointment or removal of a trustee; or
(viii) over which a corporation has a power referred to in subparagraphs (iv) to (vii), if the person is a director or shareholder of that corporation; and
(e) any gift or other disposition of property made by the person since the separation of the parties.
4 Production of documents
(1) Unless the court, or a Registrar, otherwise orders, a person who is required to file a financial statement in accordance with rule 2 must serve on each party who has an address for service in the proceedings the following documents:
(a) copies of the person’s 3 most recent taxation returns;
(b) copies of the person’s 3 most recent taxation assessments;
(c) if the person is a member of a superannuation plan:
(i) if not already filed or exchanged — the completed superannuation information form for any superannuation interest of the person; and
(ii) for a self-managed superannuation fund — the trust deed and copies of the 3 most recent financial statements for the fund;
(d) copies of the 3 most recent financial statements and taxation returns of any relevant partnership, trust or company (except a public company).
(2) The documents must be served no later than 3 days before the case assessment conference or first directions hearing.
5 Amendment of statement if circumstances change
(1) If a person files a financial statement in accordance with rule 2 and there is a significant change in relation to the person’s financial circumstances, the person must amend the statement, as soon as practicable:
(a) if the amendment may be clearly set out in 3 folios or less — by filing and serving an affidavit setting out the amendments; or
(b) in any other case — by filing and serving an amended financial statement.
(2) If a person files an amended financial statement under paragraph (1) (b), the person must:
(a) re-swear or reaffirm the statement; and
(b) clearly identify the amendments.
Order 18 Service
Division 1 Address for service
1 Address for service — right to be heard in proceedings
A person who has not given an address for service is not entitled to be heard by the court in proceedings unless the court orders otherwise.
2 Giving address for service
(1) A person may give an address for service in proceedings:
(a) by filing a notice of address for service in accordance with Form 18; or
(b) by filing another relevant document, in a form prescribed by these Rules, that includes an address for service.
(2) If a party to proceedings (in this subrule called the later proceedings):
(a) has not given an address for service in the later proceedings in accordance with subrule (1); and
(b) has an address for service in other proceedings between the parties (except proceedings for divorce or other principal relief); and
(c) has taken a step in the other proceedings within 6 months before the day on which a document that is required to be served on the party is filed in the later proceedings;
the party’s address for service in the other proceedings is taken to be the party’s address for service in the later proceedings unless the party changes his or her address for service in the later proceedings.
(3) Unless the court orders otherwise, if a person who does not have an address for service files a document in proceedings, the document must include the person’s address for service.
(4) An address for service must be an address in Australia.
3 Change of address for service
A party to proceedings may change the party’s address for service in the proceedings by filing a notice of address for service in accordance with Form 18.
4 Notifying other parties of address for service
Unless the court orders otherwise, a person who files a notice of address for service in proceedings under rule 2 or 3 must serve a sealed copy of the notice on each other party to the proceedings.
Division 2 When and how are documents served?
5 When, and on whom, must documents be served?
(1) If a document filed in proceedings is to be served under the Act, the Regulations or these Rules, the person who filed the document must serve a copy of it as soon as practicable:
(a) on each other party to the proceedings who has an address for service in the proceedings; and
(b) on any child’s representative appointed under section 68L of the Act; and
(c) in the case of an application initiating a claim, or a cause of action, and any document filed with the application — on each other party to the application.
(2) Unless the court orders otherwise, a person must not serve a document on another person more than 12 months after the date on which the document was filed.
6 Service by hand
(1) If a document is served on a person by handing it to him or her, it must not be handed to him or her by the party on whose behalf it is being served, but it may be handed to him or her in the party’s presence.
(2) If an individual refuses to accept a document from the person serving it, the document is taken to have been handed to the individual if:
(a) the document is put down, and left, in his or her presence; and
(b) the person serving the document tells the individual what the document is.
7 Service of applications for divorce or other principal relief
A sealed copy of an application for divorce or other principal relief must be served on the respondent by:
(a) handing it to him or her; or
(b) sending it by pre-paid post in a sealed envelope addressed to him or her at his or her last known address.
8 Service of summary applications for maintenance
An application referred to in rule 1 of Order 11 (which deals with summary maintenance procedure) must be served on the respondent:
(b) by sending it in a sealed envelope addressed to the respondent at his or her last known address:
(i) if the application is to be served in Australia — by pre‑paid post as certified mail; or
(ii) if the application is to be served outside Australia — by pre-paid post as security mail.
8A Service of application or order for superannuation interest
(1) This rule applies if, in an application, response or reply, a person:
(a) seeks a flagging or splitting order in relation to a superannuation interest under Part VIIIB of the Act; or
(b) applies under section 79A of the Act for an order to set aside an earlier order made in relation to a superannuation interest.
(2) The person must, immediately after filing the application, response or reply, serve a sealed copy of that document on the trustee of the eligible superannuation plan in which the interest is held.
(3) If the court makes an order splitting, flagging or otherwise affecting a superannuation interest, the applicant must serve a copy of it on the trustee of the eligible superannuation plan in which the interest is held.
9 Service of other documents on individuals
(1) Except as otherwise provided in these Rules, if an individual has an address for service, a document (other than an application referred to in rule 7 or 8) may be served on the individual:
(b) by delivering it to the address in a sealed envelope addressed to him or her; or
(c) by sending it by pre-paid post in a sealed envelope addressed to him or her at the address; or
(d) by fax addressed to him or her and sent to a fax receiver at the address; or
(e) if the address includes the number of a document exchange box of a lawyer — by sealing the document in an envelope (that complies with any pre-payment requirements of the document exchange and is addressed to the lawyer at that box address) and placing the envelope:
(i) in that box; or
(ii) in a box provided at another branch of the document exchange for delivery of documents to the box address.
(2) Except as otherwise provided in these Rules, if an individual does not have an address for service, a document (other than an application referred to in rule 7 or 8) may be served on the individual:
(b) by delivering it to his or her last known address in a sealed envelope addressed to him or her; or
(c) by sending it by pre-paid post in a sealed envelope addressed to the individual at his or her last known address.
10 Service on bodies corporate
(1) Except as otherwise provided in these Rules, if a body corporate has an address for service, a document may be served on the body corporate:
(a) by delivering it to the address in a sealed envelope addressed to the body corporate; or
(b) by sending it by pre-paid post in a sealed envelope addressed to the body corporate at the address; or
(c) by fax addressed to the body corporate and sent to a fax receiver at the address; or
(d) if the address includes the number of a document exchange box of a lawyer — by sealing the document in an envelope (that complies with any pre-payment requirements of the document exchange and is addressed to the lawyer at that box address) and placing the envelope:
(i) in that box; or
(ii) in a box provided at another branch of the document exchange for delivery of documents to the box address.
(2) Except as otherwise provided in these Rules, if a body corporate does not have an address for service, a document may be served on the body corporate:
(a) if the body corporate has a registered office in the same State or Territory as the filing registry:
(i) by delivering or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the registered office; or
(ii) by fax addressed to the body corporate and sent to a fax receiver at the registered office; or
(b) if the body corporate does not have a registered office in that State or Territory:
(i) by delivering or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the principal place of business or principal office of the body corporate in the State or Territory; or
(ii) by fax addressed to the body corporate and sent to a fax receiver at that office or place of business; or
(c) if the body corporate does not have a registered office or place of business in the State or Territory:
(i) by delivering it or sending it by pre-paid post in a sealed envelope addressed to the body corporate at the body corporate’s registered office in another State or Territory; or
(ii) by fax addressed to the body corporate and sent to a fax receiver at the registered office; or
(d) by handing the document to each of 2 directors of the body corporate who reside in the State or Territory where the filing registry is located; or
(e) if a liquidator, or an official manager, of the body corporate has been appointed:
(i) by delivering it or sending it by pre-paid post in a sealed envelope to the office of the liquidator or official manager; or
(ii) by fax addressed to the liquidator or official manager and sent to a fax receiver at that office.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Family Law Rules 1984
Statutory Rules 1984 No. 425 as amended
made under the
Family Law Act 1975
This compilation was prepared on 12 February 2004
taking into account amendments up to SR 2004 No. 5
This document has been split into six volumes
Volume 1 contains Orders 1–41
Volume 2 contains Schedule 1 (Forms 1–12)
Volume 3 contains Schedule 1 (Forms 12A–21)
Volume 4 contains Schedule 1 (Forms 22–46A)
Volume 5 contains Schedule 1 (Forms 47–69A)
Volume 6 contains Schedules 2, 3 and the Notes
Each volume has its own Table of Contents
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Order 1 Preliminary
1 Name of rules [see Note 1]
2 Date of operation and application of Rules
3 Saving provisions
4 Interpretation
Order 2 Documents and forms
1 Definition of document
1A Application of Order
2 Requirements with respect to documents
3 Cover sheet
3A Party to proceedings — corporation
3B Change of name of party
4 Filing of documents
4A Refusal to accept document for filing
5 Forms
6 Removal of documents from Court file
7 Filing a document by facsimile transmission
8 Proceedings to be numbered
Order 3 Time
1 Computation of time
2 Meaning of month
3 Extension or shortening of time
Order 4 General
1 Dispensing with compliance
1A Failure to comply with Rules or court orders
2 Court to give directions in cases of doubt or difficulty
3 Stay of proceedings
4 Need for prompt and inexpensive resolution of matters
5 Reasons for decision published after decree
7 Right of appearance
8 Proceedings in chambers
9 Proceedings in chambers — procedures and effect
10 Record of proceedings in chambers
Order 5 Seals, records and searches
1 Seals
2 Seals of other Courts
3 Records, registers and indexes
4 Exhibits
5 Record of proceedings transferred
6 Searches
Order 6 Sittings and holidays
1 Sittings and holidays
2 Office hours
Order 7 Proceedings for principal relief
Division 1 General
1 Application of Order
2 Filing applications
3 Application for decree of nullity of marriage — Form 2
4 Application for decree of dissolution of marriage — Form 4
5 Application for declaration under section 113 of Act — Form 6
6 Filing of marriage certificate etc with application
7 Fixing of hearing date
8 Response — Form 13
9 Response objecting to jurisdiction — Form 14
10 Time for filing response
11 Response out of time
12 Application for rescission of decree nisi — Form 8
13 Discontinuance of application
Division 2 Proceedings for dissolution of marriage in the absence of parties
14 Hearing in absence of parties
15 Request not to hear proceedings in parties’ absence — Form 10
Order 8 Applications other than for principal relief
Division 1 General
1 Application of Order
2 No affidavits to be filed
Division 2 Application, hearing date and directions hearing
3 Form of application — Form 3 or 8
3AA Use of Forms 3, 3A and 3B
3A Application for interim or procedural order only if final orders sought
4 Application where no Form prescribed — Form 8
5 Application by amendment
6 Contents of application
7 Affidavit in support
9 Hearing dates
10 Hearing date — court of summary jurisdiction
11 Service of application
Division 3 Documents to be filed with application
12 Filing of marriage certificate or other document with application
13 Application seeking financial relief
Division 3A Proceeds of crime orders and forfeiture applications
13A Notification of proceeds of crime order or forfeiture application (Act, ss 79B and 90M)
Division 4 Response and reply
14 Response to application — Form 3A
15 Applicant’s reply in certain circumstances — Form 3B
16 Time for service of response and reply
17 Response to Form 8 application — Form 8A
18 Time to file and serve response to Form 8 application
19 Response objecting to jurisdiction — Form 14
Order 8A Federal Magistrates Court
Division 1 Transfer of proceedings from the Federal Magistrates Court
1 Order must be filed
2 Filing and service
3 Conduct of a transferred proceeding
Division 2 Transfer of proceedings to the Federal Magistrates Court
4 Application for transfer by a party
5 Transfer on court’s own motion
6 Factors to be considered
7 Proceeding transferred to the Federal Magistrates Court
Order 9 Conduct of proceedings other than for principal relief
Division 1 Application
1 Application of Order
Division 1A Case assessment conference
1A Case assessment conference
1B After case assessment conference
Division 2 Directions hearing
2 Scope of directions hearing
3 Adjournment of directions hearing
Division 3 Amendment
4 Interpretation
5 Amendment by a party
6 Amendment by the court
7 Time limit for amendment by leave of the court
8 Filing amendment by party
9 Endorsement of amended document
10 Service of amended document
11 Response to amended document
Division 4 Discontinuance
12 Discontinuance — Form 15A
Order 11 Proceedings for maintenance or contribution
Division 1 General
1 Application of Order
Division 2 Applications for maintenance and property
1A Application for spousal maintenance and property
Division 3 Applications for maintenance only
1B Application for maintenance or contribution only — Form 12
2 Hearing date
3 Certain documents not required
3A Application for step-parent to maintain
4 Response — Form 12B
5 Information to be provided
6 Documents to be provided by respondent
7 Hearing
Order 12 Urgent ex parte applications
1 Ex parte applications
2 Form of application
3 Evidence supporting ex parte application
4 Directions for further hearing where no order made
5 Directions for further hearing where order made
Order 13 Oral applications in pending proceedings
1 Oral applications during a hearing
2 Orders without written application
Order 14 Consent orders and orders under section 87 of the Act
Division 1 Consent orders
1 Applications for consent orders
2 Applications for consent orders — Form 12A
3 Completing the application
3A Order for superannuation interest
4 Original and copies of orders sought to be filed with application
5 Filing period — consent lapses after 60 days
6 Who can make consent orders?
7 Application in pending proceedings
8 Written consent by party to proceedings
8A Proposed order for superannuation interest
Division 2 Applications under section 87 of the Act
9 How to apply
10 Documents to be filed by applicant
11 Documents to be filed by respondent
Order 15 Parties and next friends
Division 1 Parties
1 Application for parenting order
2 Person may be joined as party
3 Party may apply to be removed
4 Court may order notice to be given
Division 2 Intervention
5 Intervention in proceedings by a person not a party
6 Intervention by Attorney-General in proceedings generally
7 Child to whom State welfare law applies
Division 3 Proceedings after death
8 Proceedings after death of a person
Division 4 Person needing next friend
9 Definition
10 Instituting, continuing, defending or intervening in proceedings
11 Conduct of proceedings by next friend
12 Service
13 Attorney-General may appoint next friend
14 Court may appoint next friend
15 Application for appointment of next friend (for respondent)
16 Person taken to be appointed next friend
17 Notice of becoming next friend
18 Removal of next friend
19 Costs and expenses of next friend
Order 16 Affidavits
1 Form of affidavit — Form 16
2 Signing of affidavit
3 Affidavit by blind or illiterate person etc
4 Documents attached or exhibited
5 Cover sheet
6 Name of person who prepares or settles affidavit
7 Filing and service of affidavit
8 Affidavit that does not comply with these Rules
9 Striking out of objectionable material
10 Notice to attend for cross-examination
11 Deponent’s attendance and expenses
12 Dates etc to be in figures
13 Two or more deponents
14 Affidavits not to be filed
Order 17 Financial circumstances
1 Application of Order
2 Superannuation information form and financial statement (Form 17)
3 Full and frank disclosure
4 Production of documents
5 Amendment of statement if circumstances change
Order 18 Service
Division 1 Address for service
1 Address for service — right to be heard in proceedings
2 Giving address for service
3 Change of address for service
4 Notifying other parties of address for service
Division 2 When and how are documents served?
5 When, and on whom, must documents be served?
6 Service by hand
7 Service of applications for divorce or other principal relief
8 Service of summary applications for maintenance
8A Service of application or order for superannuation interest
9 Service of other documents on individuals
10 Service on bodies corporate
10A Service of documents under the corporations jurisdiction
11 Additional requirements for service by post
12 When is a service by post effected?
13 Court’s discretion relating to service
Division 3 Proof of service
14 Acknowledgment of service
15 Affidavit of service
16 Evidence of service of documents
Division 4 Discretion as to service
17 Court may dispense with service of documents
18 Failure to comply with conditions
Order 19 Answers to specific questions
1 Specific questions
2 Number of requests
3 Answer to specific question
4 Service of specific question and answer
5 Answers not required before discovery
6 Order directing party to answer specific question
7 Use of specific question or answer etc
Order 20 Discovery and inspection
1 Mutual and informal discovery
2 Request to make discovery
3 Time for, and form of, discovery
4 Order to make discovery
4A Electronic exchange
5 Production of documents to the court
6 Notice to produce
7 Application for production by other persons
8 Production by other persons
9 Order for particular discovery
10 Inspection of documents produced by order
10A Request for inspection
11 Copies of documents inspected
12 Failure to make discovery or give inspection
13 Documents not discovered or produced
14 Certified copies of documents and entries in books
15 When order not to be made
16 Where production no longer required
17 Costs and expenses of production
18 Tender of reasonable expenses
19 Return after production
20 Interpretation
Order 21 Preservation of property
1 Orders for preservation
2 Entry onto land etc
Order 22 Admissions
1 Voluntary admission
2 Notice to admit facts or documents
3 Admission of documents discovered
Order 23 Children
1 Definition
2 Child party — court may require next friend
3 Application for separate representation
4 Interviews
5 Child as a witness
Order 23A Notification of child abuse or family violence order
1 Filing of notice under section 67Z of the Act
2 Service of notice
3 Informing court of family violence order
4 Variation of Division 11 contact order — Form 23A
Order 23B Special medical procedures
1 Approval of medical procedures for children
2 Who may apply for a medical procedure order?
3 Form of application
4 Respondent to application
5 Affidavits supporting the application
6 Return date of application
7 Proceedings on return day
8 Hearing an application
9 Reasons for decision
Order 24 Conciliation conferences and information sessions
1 Conciliation conferences
2 Documents about financial matters
4 Unresolved issues
5 Information sessions
Order 24A Pre-trial conferences
1 Interpretation
2 Matters to be considered at pre-trial conference
3 Attendance at pre-trial conference
4 Conduct of pre-trial conference
Order 25 Counselling and family reports
Division 1 Counselling
1 Nomination of person to assist reconciliation
2 Notice or request seeking counselling
3 Advice as to effect of proceedings
4 Form of certificates under subsection 44 (1B) and subsection 44 (1C)
4A Memorandum to the court
Division 2 Family reports
5 Reports of family and child counsellors
Order 25A Mediation
Division 1 Preliminary
1 Interpretation
Division 2 Voluntary mediation
2 Form of notice for the help of a mediator
3 Information about mediation
4 Interview to decide whether dispute may be mediated
5 Matters to be taken into account at interview
6 If dispute not to be mediated
Division 3 Mediation ordered by the court
8 Application for order under section 19B of the Act
Division 4 General
10 Conduct of mediation conferences
11 Parties may be attended by lawyers
12 Mediator to advise parties to seek legal advice
13 If a party does not attend a mediation conference
14 If the mediator considers that mediation should not continue
16 Action after mediation
17 Registrar to make directions
18 Court may take mediation into account
20 If matters are resolved at mediation
21 Advice as to effect of proceedings
Order 26 Registration of agreements, State child orders and debts due to the Commonwealth
1 Registration of agreements under the Act
2 Registration of agreements under section 87
3 Registration of State child orders under section 70C or 70D of the Act
4 Registration of debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988
Order 26A Parenting plans
Division 1 General
1 Application of Order
2 Definitions
Division 2 Registration of revocation agreements
3 Application of Division
4 Requirements for revocation agreement
5 Application for registration of revocation agreement
6 Court may require service or additional information
7 Application may be heard in chambers
8 Notice of decision in relation to registration
Division 3 Applications in relation to registered parenting plans
16 Application of Division
17 Form of application — Form 8
18 Who may make an application?
19 Respondent to application
20 Service of application
Order 27 Change of venue
1 Change of venue
2 Applications under subsection 40 (6), 41 (4A) or 46 (3A) of the Act
3 Matters to be considered
4 Transmission of papers — subsections 40 (6) and 41 (4A)
4A Transmission of papers — subsection 46 (3A)
5 Transmission of papers — sections 45 and 46 of the Act
6 Transmission of Court papers — generally
Order 28 Subpoenas
Division 1 General
1 Issue by Registrar
2 Conduct money
3 Production of books etc and access by parties
4 Application of Order 20 to this Order
6 Time for service
7 Setting aside subpoena
8 Non-compliance — warrant may issue
9 Witnesses’ fees and expenses
10 Interpretation
Division 2 Proceedings to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 applies
11 Application of Division
12 Interpretation
13 Form of subpoena
14 Leave to serve subpoena
15 Contents of affidavit
16 Service of leave application
17 Hearing of leave application
18 Conditions in giving leave
19 Application to set aside subpoena
20 Production of document or thing in accordance with subpoena
21 Non-compliance with subpoena
Order 29 Offers of settlement
1 Filing of copy of offer, acceptance or withdrawal of offer
2 Further offer may be made
Order 30 Evidence
1 Oaths and affirmations
1A Court may give directions
1B Order for adducing evidence
1C Opening and closing addresses
1D Directions for trial management
2 Evidence in chief
2AA Admissibility of affidavits
2AAA Taking evidence by electronic means
2AAB Taking foreign evidence by electronic means
2AB Admissibility of oral evidence
2AC Hearsay evidence — notice under section 67 of the Evidence Act 1995
2A Evidence in interim or procedural applications
4 Transcript receivable in evidence
5 Court may call evidence
6 Order for examination of witness
7 Letters of request
8 Evidence of New Zealand matters
Order 30A Expert evidence
Division 1 General
1 Interpretation
Division 3 Court experts
3 Appointment of court expert
4 Report
5 Cross-examination
6 Remuneration
7 Response to evidence of court expert
Division 4 Limitation of expert evidence
8 Intention to call 2 or more experts
This is an opening excerpt, not the complete document.