10Record of proceedings in chambers

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.