Division 2.6.4Service of Application for Divorce

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## Part 2.1—Required documents #### 2.01 Which application form must be filed (1) Unless otherwise provided in these Rules, a proceeding must be started by filing an application for final orders in accordance with the relevant approved form. (2) An application for final orders may include an application for an interlocutory order. (3) A person must not file an application for an interlocutory order unless: (a) an application for final orders is current in the proceeding; or (b) the application includes an application for final orders; or (c) the application is permitted by rule 5.02. (4) If a person makes an application for an interlocutory order after the start of the proceeding and before final orders have been made in the proceeding, the application must be made by filing an Application in a Proceeding. (5) The required documents must be filed with an application if they have not already been filed in the proceeding. (5A) An application must concisely state the orders sought. (6) The relevant approved forms are set out in Table 2.1. (7) Unless the court otherwise directs, a party to a proceeding (other than an appeal) filed in the court must file any subsequent proceeding or application between the parties using the same court file number. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Table 2.1—Approved forms</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Kind of application</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application in the approved form to be filed</td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:49.2%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application seeking final orders (other than a consent order or a divorce), for example:(a) property settlement;(b) parenting (including in relation to a child born under a surrogacy arrangement);(c) maintenance;(d) child support;(e) medical procedure;(f) nullity;(g) declaration as to validity of marriage, divorce or annulment;(h) order relating to a passport</td><td style="width:42.22%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Initiating Application (Family Law)</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Interlocutory orders sought at the same time as an application for final orders is made</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Initiating Application (Family Law)</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2A</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application to vary or set aside a final order under paragraph 10.13(1)(b)</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Initiating Application (Family Law)</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Interlocutory orders sought after an application for final orders is made</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application in a Proceeding</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">4</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Enforcement of a financial obligation</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application—Enforcement</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">5</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Divorce</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application for Divorce</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">6</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Consent order when there is no current proceeding</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application for Consent Orders</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">7</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Contravention of an order under Division 13A of Part VII of the Family Law Act affecting children</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application—Contravention</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">8</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Contravention of an order under Part XIIIA of the Family Law Act not affecting children</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application—Contravention</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">9</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Failure to comply with a bond entered into in accordance with the Family Law Act</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application—Contravention</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">10</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Contempt of court</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application—Contempt</td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">11</td><td style="width:49.2%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Review of an order of a Judicial Registrar</td><td style="width:42.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application for Review</td></tr></tbody></table> ``` ## Part 2.2—Notification in certain proceedings ### Division 2.2.1—Child abuse, family violence or other risks of harm to children #### 2.02 Definitions for Division 2.2.1 In this Division: > interested person: (a) in a proceeding to which section 67Z of the Family Law Act applies—has the meaning given by subsection (4) of that section; and (b) in a proceeding to which section 67ZBA of the Family Law Act applies—has the meaning given by subsection (4) of that section. #### 2.03 Approved form for notice for the purposes of sections 67Z and 67ZBA of the Family Law Act A Notice of Child Abuse, Family Violence or Risk is the form approved for the purposes of sections 67Z and 67ZBA of the Family Law Act. > Note: A Notice of Child Abuse, Family Violence or Risk is also a method by which the court may fulfil its obligations under paragraphs 102NH(1)(a) and (b) of the Family Law Act. #### 2.04 Requirement to file Notice of Child Abuse, Family Violence or Risk in parenting proceedings (1) A person who: (a) makes an application to the Federal Circuit and Family Court for a parenting order; or (b) files a response to such an application; or (c) files any response which seeks a parenting order; must file a Notice of Child Abuse, Family Violence or Risk with the application or response. > Note 1: If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused by a person, or that there has been family violence or that there is a risk of family violence by one of the parties to the proceeding, a true copy of the notice must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Family Law Act. > Note 2: If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Family Law Act. (2) A person who files a Notice of Child Abuse, Family Violence or Risk under subrule (1) that includes one or more allegations of child abuse, family violence or a risk of harm to a child must file an affidavit stating the evidence on which each allegation set out in the notice is based, no later than the time the notice is filed. (3) Subrule (2) does not apply to a Notice of Child Abuse, Family Violence or Risk filed with an Application for Consent Orders in the Federal Circuit and Family Court. > Note: For additional obligations when an application is made for an interlocutory parenting order by consent, see rule 5.29, and when an application is made for a final parenting order by consent, see rule 10.05. #### 2.05 Notice of Child Abuse, Family Violence or Risk filed by an interested person If: (a) an interested person files a Notice of Child Abuse, Family Violence or Risk in a proceeding for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act; and (b) the Notice of Child Abuse, Family Violence or Risk was not filed under rule 2.04; the interested person must file an affidavit stating the evidence on which each allegation set out in the notice is based, no later than the time the notice is filed. #### 2.06 Amendment of Notice of Child Abuse, Family Violence or Risk If: (a) a person who is a party to a proceeding, or an interested person in the proceeding, has filed a Notice of Child Abuse, Family Violence or Risk in the proceeding; and (b) after filing the notice, the person becomes aware of new facts or circumstances that would require the person to file a notice for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act in relation to those facts or circumstances; the person must file: (c) a new Notice of Child Abuse, Family Violence or Risk setting out those facts or circumstances; and (d) an affidavit stating the evidence on which each allegation set out in the notice is based. > Note 1: A true copy of a Notice of Child Abuse, Family Violence or Risk that is filed for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Family Law Act. > Note 2: If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Family Law Act. #### 2.07 Proceedings transferred from another court (1) This rule applies if a proceeding in which a parenting order is sought is transferred to the Federal Circuit and Family Court from another court. (2) Each party to the proceeding must file: (a) a Notice of Child Abuse, Family Violence or Risk; and (b) if the party’s Notice of Child Abuse, Family Violence or Risk includes one or more allegations of child abuse, family violence or a risk of harm to a child—an affidavit stating the evidence on which each allegation set out in the notice is based. (3) The Notice of Child Abuse, Family Violence or Risk and any related affidavit must be filed before the first court date for the proceeding in the court to which the proceeding is transferred. (4) Nothing in this rule requires a party to refile a document under this Part that was filed in the proceeding before the transfer. #### 2.08 Content of Notice of Child Abuse, Family Violence or Risk A Notice of Child Abuse, Family Violence or Risk filed in a proceeding must set out brief particulars of the facts and circumstances on which each allegation (if any) set out in the notice is based. #### 2.09 When a notice in an approved form for the purposes of sections 67Z and 67ZBA of the Family Law Act is taken to have been filed If: (a) a person who is a party to a proceeding, or an interested person in a proceeding, files a Notice of Child Abuse, Family Violence or Risk in the proceeding; and (b) the Notice of Child Abuse, Family Violence or Risk alleges: (i) that a child to whom the proceeding relates has been abused or is at risk of being abused; or (ii) that there has been family violence, or there is a risk of family violence, by one of the parties to the proceeding; the person is taken to have filed a notice in an approved form for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act in relation to the allegation. #### 2.10 Requirement to file family violence orders in certain proceedings (1) A party to a proceeding who is seeking a parenting order or other order under Part VII of the Family Law Act in relation to a child must file a copy of any family violence order affecting the child or a member of the child’s family. (2) A party to a financial or property proceeding must file a copy of any family violence order affecting the party. (3) If a party is required by subrule (1) or (2) to file a copy of a family violence order but it is not available, the party must file a written notice setting out: (a) an undertaking to file the order within a specified time; and (b) the date of the order; and (c) the court that made the order; and (d) the details of the order. (4) The family violence order, or the notice under subrule (3), must be filed: (a) when the proceeding starts; or (b) as soon as practicable after the family violence order is made. (5) If, during the proceeding, a family violence order filed pursuant to subrule (1) or (2) is varied, each party affected by the variation must, as soon as practicable after the order is varied, file a copy of the variation. (6) This rule does not require a party to file a copy of any document that has already been filed in the proceeding by another party. ### Division 2.2.2—Notification of other matters #### 2.11 Notification of proceeds of crime order or forfeiture application If a party to a property settlement or spousal maintenance proceeding, or a de facto property settlement or maintenance proceeding, is required to give the Registry Manager written notice under subsection 79B(3), 90M(3) or 90VA(3) of the Family Law Act of a proceeds of crime order or forfeiture application, the party must: (a) file the notice as soon as possible after the party is notified by the proceeds of crime authority under paragraph 79B(3)(b), 90M(3)(b) or 90VA(3)(b) of the Family Law Act; and (b) if the person is required under paragraph 79B(3)(d), 90M(3)(d) or 90VA(3)(d) of the Family Law Act to give a document to the Registry Manager—attach the document to the notice. #### 2.12 Proceeds of crime (1) If the proceeds of crime authority applies under section 79C, 90N or 90VB of the Family Law Act to stay a property settlement or spousal maintenance proceeding, or a de facto property settlement or maintenance proceeding, the authority must, at the same time, file 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. (2) An application under section 79D, 90P or 90VC of the Family Law Act to lift a stay of a property settlement or spousal maintenance proceeding, or a de facto property settlement or maintenance proceedings, must have filed with it: (a) proof that the proceeds of crime order has ceased to be in force or that the forfeiture application has been finally determined; and (b) if made by a party—the written consent of the proceeds of crime authority under section 79D, 90P or 90VC of the Family Law Act. #### 2.13 Notice of constitutional matter (1) If a party is, or becomes, aware that a proceeding involves a matter that: (a) arises under the Constitution or involves its interpretation, within the meaning of section 78B of the Judiciary Act 1903; and (b) is a genuine issue in the proceeding; the party must give written notice of the matter to the Attorneys‑General of the Commonwealth, and each State and Territory, and to each other party to the proceeding. (2) The notice must state: (a) the nature of the matter; and (b) the issues in the proceeding; and (c) the constitutional issue to be raised; and (d) the facts relied on to show that section 78B of the Judiciary Act 1903 applies. > Note: Section 78B of the Judiciary Act 1903 provides that once a court becomes aware that a proceeding involves a matter referred to in that section, it is the court’s duty not to proceed to determine the proceeding unless and until it is satisfied that notice of the proceeding has been given to the Attorneys‑General of the Commonwealth and of the States and Territories. ## Part 2.3—Form of documents #### 2.14 Formal requirements for documents (1) Documents, other than forms, filed with the court must: (a) be typed in at least 12 point font size (Times New Roman or equivalent) with line spacing of 1.5 lines; and (b) have margins (left, right, top and bottom) of approximately 2.5 cm; and (c) have each page consecutively numbered; and (d) have a coversheet in the approved form including the court file number distinctive to the proceeding. (2) Paper documents should be: (a) legible and without erasures, blotting out or material disfigurement; and (b) printed on one side only of white A4 paper; and (c) securely bound or fastened. (3) Electronic documents must be filed in PDF format. (4) A document filed or served (other than an affidavit, annexure or exhibit) must be signed by a party or by the lawyer for the party unless the nature of the document is such that signature is inappropriate. (5) Subrules (1) to (4) do not need to be strictly complied with if the nature of the document, or the manner of filing, means that strict compliance would be impracticable. > Note: For formal requirements for affidavits, see Part 8.3. #### 2.15 Corporation as a party If a document (including an application for permission to intervene) names a corporation as a party, the document must include the corporation’s full name, registered office and Australian Company Number (ACN). #### 2.16 Change of name of party (1) If a party’s name is changed after the start of a proceeding, the party must give written notice of the change of name to the court and each other party. (2) The new name must be used in all documents later filed. (3) When written notice of the change of name is filed, the title of the proceeding is taken to have been amended accordingly. #### 2.17 Documents not in English If a document that must be filed with the court is not in English, the person filing the document must also file: (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. ## Part 2.4—Responding to an application #### 2.18 When to respond to an application (1) A respondent to an application who seeks to do any of the following must file a response in accordance with the approved form: (a) indicate consent to an order sought by the applicant; (b) ask the court to make another order; (c) ask the court to dismiss the application; (d) seek orders in a matter other than the matter set out in the application. (2) A response must be filed and served within 28 days after service of the application to which it relates. > Note 1: Rule 2.04 requires a Notice of Child Abuse, Family Violence or Risk to be filed with a response in a parenting proceeding. > Note 2: If a response seeks a parenting order or any other order under Part VII of the Family Law Act in relation to a child, rule 2.10 requires the respondent to file a copy of any family violence order affecting the child or a member of the child’s family that has not already been filed in the proceeding. > Note 3: The consequences for a failure to comply with this rule can include orders as to costs (see rule 10.27(1)(d)). (3) A Response to an Initiating Application (Family Law) must not include a request for any of the following orders: (a) a divorce order; (b) an order that a marriage be annulled; (c) a declaration as to validity of a marriage, divorce or annulment; (d) an order under rule 1.11 authorising a medical procedure. #### 2.19 Response objecting to jurisdiction (1) A respondent seeking to object to the jurisdiction of the court: (a) must file a response; and (b) is not taken to have submitted to the jurisdiction of the court by seeking other orders in the response. (2) The objection to the jurisdiction must be determined before any other orders sought in the response. #### 2.20 When to file an affidavit with a response A respondent must not file an affidavit with a response to an application unless the respondent is: (a) responding to interlocutory orders sought in the application; or (b) seeking interlocutory orders in the response; or (c) required to do so by another provision of these Rules or by a practice direction. #### 2.21 How to reply to a response (1) An applicant must file a reply if: (a) in the response, the respondent seeks orders in a cause of action other than a cause of action referred to in the application; and (b) the applicant seeks: (i) to oppose the orders sought in the response; or (ii) different orders in the cause of action referred to in the response. (2) A person other than the applicant (an additional party) must file a reply to a response if: (a) in the response, the respondent seeks orders against the additional party; and (b) the additional party seeks: (i) to oppose the orders sought in the response; or (ii) different orders to the orders sought in the response. (3) If a party wishes to file a reply, the party must file and serve the reply within 14 days after service of the response to which the reply relates. #### 2.22 If the application or response is not contested (1) If a party has been served with a document referred to in subrule (2), and the party does not want to contest the relief sought in the document, the party may file and serve a submitting notice in the approved form. (2) The documents are the following: (a) an application for final orders; (b) a response to an application for final orders; (c) a reply to a response to an application for final orders. (3) The submitting notice must: (a) state that the party submits to any order that the court may make; and (b) state whether the party wants to be heard on the question of costs; and (c) include an address for service. (4) A submitting notice for a party served with a document referred to in subrule (2) must be filed: (a) before the first court date; or (b) if the party was added to the proceeding after that date—before the date for the next procedural hearing. (5) A party who has filed a submitting notice may apply to the court for leave to withdraw the notice. (6) An application under subrule (5) must be accompanied by an affidavit stating: (a) why the party wants to withdraw the submitting notice; and (b) the party’s intentions in relation to the further conduct of the proceeding. ## Part 2.5—Filing documents #### 2.23 How documents may be filed (1) A document must be filed electronically as permitted by the court, unless it is not reasonably practicable to do so. (2) If it is not reasonably practicable to file a document electronically, the document may be filed: (a) by delivering it to the registry; or (b) by sending it to the registry by post. (3) A document is filed when: (a) the document is accepted for filing by the Registry Manager by affixing the seal of the court or a court stamp, as required by Part 15.1; or (b) a judicial officer orders, or directs, that the document be taken to have been filed. (4) A document that is accepted for filing by the Registry Manager under paragraph (3)(a) is taken to have been filed: (a) if the document is received by 4.30 pm by legal time in the location of the filing registry on a business day—on that day; or (b) in any other case—on the next business day for the filing registry. (5) Except as otherwise required by these Rules or an order, a document to be relied on in a court event must be filed at least 1 day before the date fixed for that event. (6) A Judge or Judicial Registrar may require a party to give an undertaking to pay a filing fee before accepting a document for filing. > Note: Subsection 2.11(3) of the Family Law (Fees) Regulations 2022 permits a Judge or a Judicial Registrar to allow a document to be filed despite the required fee not being paid. (7) A person who pays money into court must file a Notice of Payment stating the amount and purpose for which the money is paid into court. #### 2.24 Rejection of documents (1) The court may reject a document filed or received for filing if the document: (a) is not in the proper form in accordance with these Rules; or (b) is not executed in the way required by these Rules; or (c) does not otherwise comply with a requirement of these Rules; or (d) is tendered for filing after the time specified in these Rules or an order for filing the document, or is otherwise contrary to directions given; or (e) on its face, appears to the court to be an abuse of process, frivolous, scandalous or vexatious; or (f) is tendered for filing in connection with a current proceeding in a registry that is not the filing registry; or (g) is filed electronically and the person filing the document has not complied with the court’s electronic filing procedures. > Note: A person who starts a proceeding by making an application for an order under Part VII of the Family Law Act must file: (a) a certificate given to the person by a family dispute resolution practitioner; or (b) if an exemption from having to file a certificate is sought—an affidavit (see subsection 60I(7) of the Family Law Act and rule 4.02 of these Rules). (2) If a judicial officer rejects a document filed or received for filing under subrule (1), the judicial officer may give directions about any step already taken on the document, including a direction about costs. (3) If a decision under subrule (1) is made by the court constituted by a Judicial Registrar (other than an Appeal Judicial Registrar), a person may apply for review of the Registrar’s decision under subrule (1), or directions given by the Registrar under subrule (2), by filing an Application for Review without notice. > Note: For review of an Appeal Judicial Registrar’s decision to reject a document, see rule 13.40. ## Part 2.6—Serving documents—general ### Division 2.6.1—General #### 2.25 Address for service (1) A party to a proceeding must give an address for service. (2) A party must give only one address for service for each application filed. (3) A party may give an address for service: (a) by filing a relevant document that includes an address for service; or (b) by filing a notice of address for service in accordance with the approved form. (4) An address for service must include: (a) a current email address for the party; and (b) an address in Australia, unless disclosing this address would compromise the party’s safety; and (c) a telephone number at which the party may be contacted during normal business hours. (5) If, in a parenting proceeding, the address where a party or child is living is not disclosed to another party or parties, the address must be provided to the court by email and the address must not be disclosed other than in accordance with an order of the court. (6) If the party is represented by a lawyer who has general authority to act for the party, the address for service for the party must be the address of the lawyer. #### 2.26 Change of address for service If a party’s address for service, including the email address, changes for any reason during a proceeding, the party must file a notice of address for service and serve the notice on each other party as soon as practicable and in any event within 7 days after the change. > Note 1: A new address for service will be needed if a party: (a) acts in person and changes the party’s address; or (b) initially acts in person and later appoints a lawyer; or (c) initially appoints a lawyer and later acts in person; or (d) changes lawyers during the proceeding. > Note 2: Until a Notice of Address for Service is filed and served, the previous address remains on the court record as the address for service, and all documents will be served at that address unless subrule 3.10(2) applies. #### 2.27 General requirements for service of documents (1) A document to be served in a proceeding must be filed and sealed. (2) An application and any document filed with it must be served on each party to the proceeding in the manner indicated in Table 2.2 in rule 2.28 and within the time referred to in rules 2.29 to 2.31. (3) If a document, other than an application and its related documents, is required to be served, the person who files the document must serve a copy of it as soon as practicable: (a) on each other party to the proceeding who has an address for service in the proceeding; and (b) on any independent children’s lawyer in the proceeding; and (c) on any other person specifically required by a legislative provision or order to be served in the proceeding. #### 2.28 Manner of service (1) A person must serve a document in the manner set out in Table 2.2, unless otherwise required by a legislative provision. (2) A person who files an Initiating Application (Family Law) or an Application for Divorce must, when serving the application on the respondent, also serve a brochure prepared by the court for the purposes of section 12F of the Family Law Act. (3) A person who files an application for enforcement must, when serving the application on the respondent, also serve a brochure prepared by the court giving information about enforcement hearings. (4) A document or brochure that must be served with a form must be served in the same manner as the form. (5) The following documents do not have to be served on any other party: (a) a joint application; (b) an application without notice; (c) an Affidavit of Service; (d) a document signed by all parties; (e) an affidavit seeking the issue, without notice, of an Enforcement Warrant under rule 11.15 or a Third Party Debt Notice under rule 11.34. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Table 2.2—Service of documents</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:46.8%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Document</td><td style="width:44.42%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Manner of service</td></tr></thead><tbody><tr><td style="width:8.78%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:46.8%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Initiating Application (Family Law)Application—EnforcementApplication—ContraventionApplication—ContemptOrder made on application without notice (see Part 5.2)</td><td style="width:44.42%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Personal service(see Division 2.6.2)</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:46.8%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Application for Divorce (see Division 2.6.4)A subpoena or a copy of a subpoena (see rules 2.30 and 6.30)Third Party Debt Notice (see Division 11.1.4)Notice of Appeal (see rule 13.05)Documents required to be served with a Form (see subrule 2.28(4))Brochures required to be served with a Form (see subrule 2.28(4))</td><td style="width:44.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Specific service requirements</td></tr><tr><td style="width:8.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:46.8%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">All other documents including:(a) an Application in a Proceeding (other than an application that must be served by personal service); and(b) notices required to be given under these Rules</td><td style="width:44.42%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Ordinary service(see Division 2.6.3)</td></tr></tbody></table> ``` #### 2.29 General time limit for service Unless the court otherwise orders, a document that is filed must be served on each person to be served: (a) as soon as possible after the date of filing and no more than 12 months after that date; or (b) if a provision elsewhere in these Rules specifies a time for service – within the specified time. #### 2.30 Time for service of subpoena A subpoena must not be served more than 3 months after it is issued. #### 2.31 Time for service of applications Unless the court directs otherwise, an application and any document filed with it must not be served: (a) less than 3 days before the day fixed for the hearing of an interlocutory application; or (b) less than 7 days before the day fixed for the hearing of any other application. > Note: A person may apply for an extension of time to make an application (see rule 15.06). #### 2.32 Proof of service (1) Service of an application is proved: (a) by filing an affidavit of service; or (b) by the respondent filing a notice of address for service or a response; or (c) if service was carried out by giving the application to a lawyer—by filing an acknowledgement of service that has been signed by the lawyer. (2) Service of any other document is proved by filing an affidavit of service. (3) For the purposes of paragraph (1)(a) and subrule (2), the approved form may be used. (4) A statement by a person of the person’s identity, office or position is evidence of the person’s identity, or the holding of the office or position. (5) Evidence about the identity, office or position of a person served may be given by another person. > Note: For proof of service of an Application for Divorce, see rules 2.45 to 2.47. #### 2.33 Court’s discretion in relation to service Nothing in this Part affects the power of the court: (a) to authorise service of a document in a way that is not provided for in this Part; or (b) to find that a document has been served; or (c) to find that a document has been served on a particular day. #### 2.34 Service with conditions or dispensing with service (1) A party who is unable to serve a document may apply, without notice, for an order: (a) to serve the document in another way; or (b) to dispense with service of the document, with or without conditions. (2) The factors the court may have regard to when considering an application under subrule (1) include the following: (a) the proposed method of bringing the document to the attention of the person to be served; (b) whether all reasonable steps have been taken to serve the document or bring it to the notice of the person to be served; (c) whether the person to be served could reasonably become aware of the existence and nature of the document by advertisement or another form of communication that is reasonably available; (d) the likely cost of service; (e) the nature of the proceeding. (3) If the court orders that service of a document is: (a) dispensed with unconditionally; or (b) dispensed with on a condition that is complied with; the document is taken to have been served. > Note: An application under this rule is made by filing an Application in a Proceeding and an affidavit (see rules 5.02 and 5.04). ### Division 2.6.2—Personal service #### 2.35 Personal service—general (1) A person serving a document personally on an individual must give a copy of the document to the person to be served. (2) However, if the person to be served does not take the copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is. (3) The person serving a document must not be the party on whose behalf the document is served, but the party may be present when personal service occurs. #### 2.36 Personal service through a lawyer A document is taken to be served personally on a person if: (a) a lawyer representing the person agrees, in writing, to accept service of the document for the person; and (b) the document is served on the lawyer: (i) in accordance with rule 2.35; or (ii) in another manner as agreed with the lawyer. #### 2.37 Personal service on a person with a legal incapacity (1) Despite rule 2.35, a document that is required to be served personally on a person with a legal incapacity must be served: (a) on the person’s litigation guardian; or (b) if there is no litigation guardian—on a person who is entitled under subrule 3.16(2) to be the person’s litigation guardian for the proceeding; or (c) if there is no one under paragraph (a) or (b)—on an adult who has the care of the person. (2) For the purposes of paragraph (1)(c), the person in charge of a hospital, nursing home or other care facility is taken to have the care of a person who is a patient in the hospital, nursing home or care facility. #### 2.38 Personal service on a prisoner (1) A document that is required to be served personally on a prisoner must be served: (a) personally on the person in charge of the prison; or (b) by post or electronic communication to the person in charge of the prison. (2) A person serving a document on another person by post or electronic communication must include with the document: (a) an Acknowledgement of Service for the other person served to sign; and (b) if the document is served by post in Australia—a stamped self‑addressed envelope. (3) At the time of service of an Application or Notice of Appeal on a prisoner, the prisoner must be informed, in writing, about the requirement to attend by electronic communication under rule 13.33 or 15.18 (whichever is applicable). #### 2.39 Personal service on a corporation A document that is required to be served personally on a corporation must be served in accordance with section 109X of the Corporations Act 2001. > Note: Section 109X(1) of the Corporations Act 2001 is as follows: (1) For the purposes of any law, a document may be served on a company by: (a) leaving it at, or posting it to, the company’s registered office; or (b) delivering a copy of the document personally to a director of the company who resides in Australia or in an external Territory; or (c) if a liquidator of the company has been appointed—leaving it at, or posting it to, the address of the liquidator’s office in the most recent notice of that address lodged with ASIC; or (d) if an administrator of the company has been appointed—leaving it at, or posting it to, the address of the administrator in the most recent notice of that address lodged with ASIC. ### Division 2.6.3—Ordinary service #### 2.40 Ordinary service (1) If a document is not required to be served personally, the document may be served on a person at the person’s address for service: (a) by sending the document to the email address; or (b) by delivering it to the address in a sealed envelope addressed to the person; or (c) by sending it to the address by pre‑paid post in a sealed envelope addressed to the person; 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 prepayment 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) If the person does not have an address for service, the document may be served on the person: (a) by sending it to the person’s last known email address; or (b) by delivering it to the person’s last known address or place of business in a sealed envelope addressed to the person; or (c) by sending it by pre‑paid post in a sealed envelope addressed to the person at the person’s last known address or place of business; or (d) if a law of the Commonwealth or of the State or Territory in which service is to be effected provides for service of a document on a corporation or organisation—by serving the document in accordance with such provision. #### 2.41 When service is effected A document served electronically or by post is taken to have been served: (a) if the document was sent electronically—on the next business day after the document was sent; or (b) if the document was posted to an address in Australia—on the day by which the document would be delivered in the ordinary course of the post; or (c) if the document was posted by airmail to an address outside Australia—on the 28th day after posting. ### Division 2.6.4—Service of Application for Divorce #### 2.42 Service of application An Application for Divorce must be served on the respondent by: (a) personal service in accordance with rule 2.35; or (b) sending it by pre‑paid post in a sealed envelope addressed to the respondent at the respondent’s last known address. #### 2.43 Additional requirements for service by post A person serving an Application for Divorce by post must include with the document: (a) a form of acknowledgment of service in accordance with the approved form; and (b) an envelope that: (i) is addressed to the address for service of the person on whose behalf the Application for Divorce is served; and (ii) if the Application for Divorce is to be sent to an address in Australia—bears the correct postage for the return by post of the acknowledgment of service. #### 2.44 Acknowledgment of service (1) A person served with an Application for Divorce may acknowledge service of the Application for Divorce by an acknowledgment of service in accordance with the approved form. (2) An acknowledgment of service may be signed by the person on whom the Application for Divorce is served or by the person’s lawyer. (3) If a lawyer signs an acknowledgment of service, the filing of the acknowledgment is taken to be proof of service of the document to which the acknowledgment refers on the date on which service is acknowledged. #### 2.45 Affidavit of service (1) Unless the court otherwise orders, any evidence of service of an Application for Divorce to be given (other than for acknowledgment of service) must be given by affidavit in accordance with the appropriate approved form. (2) If the person making an affidavit of service can give evidence relating to the identity of the person served, the evidence may be included in the affidavit of service. #### 2.46 Evidence of service (1) Subject to the court being satisfied that the identity of the person served is established, an acknowledgment of service of an Application for Divorce that is signed by the person served is evidence of service in accordance with the acknowledgment. (2) If the server of an Application for Divorce can identify the person served, service may be proved by evidence to that effect by the server. (3) If the server of an Application for Divorce can identify a photograph of the person served, and another person who knows the person served identifies the photograph as a photograph of the person served, service may be proved by evidence to that effect by the server and the other person. (4) If a person other than the server of an Application for Divorce saw the Application for Divorce handed to, or put down in the presence of, the person served and can identify the person served, service may be proved by evidence to that effect given by that other person. #### 2.47 Evidence of signature and identity of person served Evidence that the signature on an acknowledgment of service is the signature of the person required to be served may be given by an affidavit proving signature in accordance with the approved form. ## Part 2.7—Serving documents overseas #### 2.48 Serving documents in New Zealand A person may serve a document on a person in New Zealand in accordance with the Trans‑Tasman Proceedings Act 2010 and Division 1.2.3 of these Rules. #### 2.49 Serving documents in all other countries (1) A person may serve a document on a person in a country other than Australia or New Zealand: (a) if the country is a party to the Hague Service Convention—in accordance with Division 2 of Part 10 of the Family Law Regulations; or (b) if the country is a party to another convention, that is in force for Australia, about legal proceedings in civil and commercial matters—in accordance with Division 3 of Part 10 of the Family Law Regulations. (2) A person may serve a document on a person in a non‑convention country: (a) in accordance with the law of the non‑convention country; or (b) if the non‑convention country permits service of judicial documents through the diplomatic channel—through the diplomatic channel. (3) A person seeking to serve a document in a non‑convention country through the diplomatic channel must: (a) request the Registry Manager, in writing, to arrange service of the document under this Part; and (b) lodge 2 copies of each document to be served, translated, if necessary, into an official language of that country. (4) If the Registry Manager receives a request under subrule (3), the Registry Manager must: (a) seal the documents to be served; and (b) send to the Secretary of the Department of Foreign Affairs and Trade: (i) the sealed documents; and (ii) a written request that the documents be sent to the government of the non‑convention country for service. (5) If: (a) a document is sent to the Secretary of the Department of Foreign Affairs and Trade for service on a person in a non‑convention country; and (b) an official certificate or declaration by the government or court of the country, stating that the document has been personally served, or served in another way under the law of the country, is sent to the court; the certificate or declaration is proof of service of the document and, when filed, is a record of the service and has effect as if it were an affidavit of service. ## Part 2.8—Amending documents #### 2.50 Amendment by a party or court order (1) A party who has filed an application or response may amend the application or response: (a) for an Initiating Application (Family Law): (i) at any time before the procedural hearing at which the proceeding is allocated a date or dates for trial; or (ii) at a later time, with the consent of the other parties or by order; (b) for an Application in a Proceeding: (i) at or before the first court date; or (ii) at any later time, with the consent of the other parties or by order; and (c) for all other applications—at any time, with the consent of the other parties or by order. (2) A party who: (a) has filed an Initiating Application (Family Law) or a Response to an Initiating Application (Family Law); and (b) seeks to add or substitute another cause of action or another person as a party to the proceeding; must amend the form in accordance with this Part. (3) If a date is set for a further procedural hearing, the party amending the Initiating Application (Family Law) or Response to an Initiating Application (Family Law) under subrule (2) must give each other party written notice of the hearing. #### 2.51 Time limit for amendment Unless the court otherwise orders, a party who has been given permission by the court to amend an application must do so within 7 days after the order is made. > Note: The court may shorten or extend the time for compliance with a rule (see rule 15.06). #### 2.52 Amending a document (1) To amend a document, a party must file a copy of the document: (a) with the amendment clearly marked; and (b) if the document is amended by order—endorsed with the date of the order and the date of the amendment. (2) If the court gives permission for a party to amend a document, the permission is taken to be given by court order. (3) An amendment may be made by: (a) placing a line through the text to be changed; and (b) underlining the new text or using a different typeface to indicate the new text. (4) Amendment of a Financial Statement must comply with rule 6.06. #### 2.53 Response to amended document If an amended document that has been served on a party affects a document (the affected document) previously filed by the party, the party may amend the affected document: (a) in accordance with rule 2.52; and (b) not more than 14 days after the amended document was served on the party. #### 2.54 Disallowance of amendment The court may disallow an amendment of a document, including if the amendment is frivolous, vexatious or not in accordance with these Rules or an order.