Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 7 RULE 2

2. (1) Subject to these Rules, where an application is filed in a registry of
a court, the return day of the application shall be fixed by the Registrar of
the registry and shall be-

   (a)  where the application is one referred to in Division 2 not being a
        joint application-

        (i)    in a case where the respondent is in Australia-not earlier than
               42 days; or

        (ii)   in a case where the respondent is outside Australia-not earlier
               than 56 days,
after the date of filing of the application; and

   (b)  where the application is not one referred to in paragraph (a)-

        (i)    in a case where the respondent is in Australia-not earlier than
               21 days; or

        (ii)   in a case where the respondent is outside Australia-not earlier
               than 42 days,
after the date of filing of the application.

(2) Where the return day of an application has been fixed by a Registrar, the
Registrar or another Registrar of the same registry may, prior to the service
of the application, alter the return day and may authorise the making of
corresponding alterations in any copy of the application for service .

(3) A Registrar may give authority under sub-rule (2) by such means as the
Registrar thinks fit.