Div 3Documents to be filed with application

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.