Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 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 1.33(2)(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.



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