Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 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.

 



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