Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(regulation 25)
Form 1 -- Heading of documents used in court proceedings
Family Law (Child Protection Convention) Regulations 2003
IN THE ( insert name of court exercising jurisdiction)
No. ( insert number of proceedings) of ( insert year in which document is filed or issued)
DATE OF FILING * /ISSUE * : ( insert date of filing or issue)
IN RELATION TO ( insert forename(s) and surname(s) of child who is the subject of the proceedings, OR otherwise identify the proceedings in accordance with the rules of the court)
___________________________________________________________
* omit if inapplicable
( insert heading for document in accordance with Form 1 )
I * /WE * , ( insert forename(s) and surname(s) of deponent(s) ) , ( insert occupation(s) of deponent(s) ), of ( insert address of deponents(s) ), declare the following under oath:
(a) I * /WE * am * /are * the deponent(s) for this document and have read the document and any attachment to the document;
(b) the facts stated in the document, and any attachment to the document, that are within my * /our * knowledge are correct;
(c) all other facts stated in the document, and in any attachment to the document, are correct to the best of my * /our * knowledge or belief.
SWORN by the deponent(s)
at ( insert place where declaration made )
on ( insert date of declaration )
( signature )
Signature of deponent(s)
( name )
Name of deponent(s)
( title/position )
Title or position of deponent(s)
BEFORE ME:
( signature )
Signature of person before whom affidavit is sworn
( name )
Name of person before whom affidavit is sworn
( title/position )
Title or position of person before whom affidavit is sworn
___________________________________________________________
* omit if inapplicable
Form 3 -- Application for order
( insert heading for document in accordance with Form 1 )
Application for order under section 111CN * /section 111CW * / regulation 15 * /the Convention * in a State court
1 Identity of child, parents, applicant(s)
1.1 Child
( insert the following details, if known, relating to the child )
Surname:
Forename/(s):
Sex:
Age:
Date and place of birth:
Father's surname:
Forename/(s):
Mother's maiden surname:
Forename/(s):
1.2 Applicant(s)
( insert the following details relating to the parents and applicant/(s) (if not a parent) )
Mother
Surname:
Forename/(s):
Occupation:
Address:
Father
Surname:
Forename/(s):
Occupation:
Address:
Guardian (or other applicant)
Surname:
Forename/(s):
Occupation:
Address:
2 Order sought
Under regulation 15 of the Family Law (Child Protection Convention) Regulations 2003 , application is made for the following order:
( insert description of order sought )
3 Attachments to application
The following documents are attached:
( insert description of documents attached )
4 Any other matters in relation to application
Under regulation 15 of the Family Law (Child Protection Convention) Regulations 2003 , application is made for the following further order:
( insert details or attach statement containing details )
DATED ( insert date )
( signature )
Signature(s) of applicant(s)
( insert title/position of State central authority )
If the applicant is a State central authority--the title or position of the authority.
Affidavit
( insert affidavit--Form 2 )
___________________________________________________________
* omit if inapplicable
Form 4 -- Notice of application
( insert heading for document in accordance with Form 1 )
Notice of application for order under section 111CN * / section 111CW * /regulation 15 * /the Convention * in a State court
TO: ( insert full name and title of person to whom notice is to be given )
OF: ( insert address of person to whom notice is to be given )
THE ATTACHED APPLICATION is set down for hearing by the ( insert name of court ) at ( insert place where application is to be heard ) on ( insert date of hearing ) at ( insert time of hearing ).
IF YOU WISH the court to make an order, or orders, other than the order sought in the attached application, you may, no later than 5 working days before the hearing, file with the court a brief statement of the matters on which you rely in support of the court making the order * /orders * that you seek; and
IF YOU DO NOT RESPOND TO THE APPLICATION, OR DO NOT APPEAR AT THE HEARING, the court may make the order * /orders * sought in the attached application, or a similar order * /similar orders * , without considering what you have to say in response to the application, or in your absence.
DATED ( insert date )
( signature--central authority )
( name--central authority )
Attachment
The application under regulation 15 (including any attachment) is attached.
___________________________________________________________
* omit if inapplicable
Form 5 -- Response to application
( insert heading for document in accordance with Form 1 )
Response to application for order under section 111CN * / section 111CW * /regulation 15 * /the Convention * in a State court
IN RESPONSE TO the application made by ( insert forename(s) and surname(s) ) filed in the ( insert name of court ) on ( insert date of filing of application ), a copy * /notice * of which was given to me * /us * on ( insert date on which copy, or notice, of the application was given to the respondent(s) ), I * /WE * , ( insert forename(s) and surname(s) of respondent(s) ) state as follows:
( insert brief statement of matters in support of the court making an order other than the order sought in the application )
DATED ( insert date )
( signature(s)--respondent(s) )
( name--respondent(s) )
( title/position )
Title/position of respondent(s)
Affidavit
( insert affidavit--Form 2 )
___________________________________________________________
* omit if inapplicable
Form 6 -- Reply in response to application
( insert heading for document in accordance with Form 1 )
Reply in response to application for order under section 111CN * / section 111CW * /regulation 15 * /the Convention * in a State court
IN REPLY TO the response to my * /our * application made by ( insert forename(s) and surname(s) of respondent(s) ) filed in the ( insert name of court ) on ( insert date of filing of response ), I * /WE * state as follows:
( insert brief reply to matters stated in response to application )
DATED ( insert date )
( signature(s)--applicant(s) )
( name--applicant(s) )
( title/position )
Title/position of applicant(s)
Affidavit
( insert affidavit--Form 2 )
___________________________________________________________
* omit if inapplicable