2Office hours

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