Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - 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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