Commonwealth Consolidated Regulations

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

 

Table 2.2--Service of documents

Item

Document

Manner of service

1

Initiating Application (Family Law)

Application--Enforcement

Application--Contravention

Application--Contempt

Order made on application without notice (see Part   5.2)

Personal service

(see Division   2.6.2)

2

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))

Specific service requirements

3

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

Ordinary service

(see Division   2.6.3)



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