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1984 No. 425 FAMILY LAW RULES - SCHEDULE 1
SCHEDULE 1
FORM 1
Order 7, rule 3
TITLE OF PROCEEDINGS
Family Law Act 1975
(TITLE OF DOCUMENT)
IN THE FAMILY COURT OF AUSTRALIA No. of 19
. AT
-or-
IN THE FAMILY COURT OF No. of 19
. AT
-or-
IN THE SUPREME COURT OF No. of 19
. AT
-or-
IN THE COURT OF SUMMARY JURISDICTION No. of 19
. AT
-or-
IN THE COURT OF PETTY SESSIONS No. of 19
. AT
-or-
IN THE MAGISTRATES COURT No. of 19
. AT IN THE MARRIAGE OF
AND of (address) (Husband)
AND of (address) (Wife)
AND of (address) (Intervener
or
as the case may be)
FORM 2
Order 7, rule 6
APPLICATION FOR DECREE OF NULLITY
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The
*husband/*wife, TAKE NOTICE that the attached application for a decree of
nullity of the
abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at on
the day of 19 at o'clock.
1. You are invited to read carefully the attached document setting out the
legal and possible social effects of these proceedings and the counselling and
welfare facilities available. 2. If you desire-
(a) to deny any fact alleged in the application or to allege any
additional fact for the consideration of the Court; or
(b) to submit to the Court that it should dismiss the application or to
make any other submissions to the Court, you should file an answer in
the form prescribed (Form 13) by the Family Law Rules within days
after you receive this document. Your answer must be filed and served
in accordance with the said Rules. 3. If you do not appear at the
hearing, the Court may proceed with the application in your absence.
4. AND FURTHER TAKE NOTICE that if you propose to make any application
to the Court as to property or as to your own maintenance you must do
so within 12 months of the making of a decree in these proceedings.
After that time you cannot make a property or maintenance application
without first obtaining the leave of the Court to do so.
Dated this day of 19 .
..............................................................................
..
Registrar
APPLICATION
(Full name of applicant) applies for a decree of nullity of the abovementioned
marriage on the ground that the marriage is void. 1. The occupation of the
husband is 2. The occupation of the wife is
3. The parties went through a ceremony of marriage at in (State or
Territory or Country) on the day of 19 .
4. The husband was born at in (State or Territory or Country)
on the day of 19 .
5. The wife was born at in (State or Territory or Country)
on the day of 19 .
6. The *husband/*wife is:
*(a) an Australian citizen
*(b) ordinarily resident in Australia
*(c) this day present in Australia.
7. The facts and circumstances of the *citizenship/*residence/*presence in
Australia of the *husband/*wife are: 8. The marriage is void because of (state
ground).
9. The facts relied upon by the applicant are as follows:
(a)
(b)
*10. The following are particulars of orders that are still operative made in
proceedings between the applicant and the respondent: (set out the date of
each order, the court by which it was made and brief particulars of the order
).
or
*10. There are no orders that are still operative made in proceedings between
the applicant and the respondent.
*11. The following are particulars of proceedings pending between the
applicant and the respondent: (set out brief particulars of any pending
proceedings and the Court in which such proceedings are pending).
or
*11. There are no proceedings pending between the applicant and the
respondent.
Dated the day of 19 .
..............................................................................
..
Solicitor for the Applicant
*Cross out if not applicable. This application was prepared/settled by (name
of Counsel, Solicitor or Applicant)
AFFIDAVIT
I, (full name, address and occupation of applicant) make oath
and say/affirm:
1. I am the applicant herein and I have read this application.
2. The facts stated in this application that are within my personal knowledge
are true. All other facts stated in this application are true to the best of
my knowledge, information and belief.
SWORN (or AFFIRMED) by the deponent at
on the day of
19 . Before me:
...................................
Signature and title of person
before whom affidavit sworn.
DECLARATION BY SOLICITOR
I, (full name) state:
1. I am the solicitor for the applicant.
2. In compliance with Order 25, rule 3 of the Family Law Rules, I have
furnished to the applicant a document setting out the legal and possible
social effects of the proceedings and the counselling and welfare facilities
available.
..............................................................................
..
(Signature of solicitor)
--------
FORM 3
Order 7, rule 6
JOINT APPLICATION FOR DECREE OF NULLITY
(Title) DATE OF FILING: HUSBAND'S ADDRESS FOR SERVICE: WIFE'S ADDRESS FOR
SERVICE: To the Husband and the Wife
TAKE NOTICE that the attached joint application for a decree of nullity of the
abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at
on the day of 19 at o'clock.
You are both invited to read carefully the attached document setting out the
legal and possible social effects of these proceedings and the counselling and
welfare facilities available.
AND FURTHER TAKE NOTICE that if you propose to make any application to the
Court as to property or as to your own maintenance you must do so within 12
months of the making of a decree in these proceedings. After that time you
cannot make a property or maintenance application without first obtaining the
leave of the Court to do so.
Dated this day of 19 .
..............................................................................
..
Registrar
APPLICATION
(Full name of husband) and (full name of wife)
Jointly apply for a decree of nullity of the abovementioned marriage on the
ground that the marriage is void.
1. The occupation of the husband is 2. The occupation of the wife is
3. The parties went through a ceremony of marriage at in (State or
Territory or Country) on the day of 19 .
4. The husband was born at on the day of 19 in (State or
Territory or Country).
5. The wife was born at on the day of 19 in (State or
Territory or Country).
6. The *husband/*wife is
*(a) an Australian citizen
*(b) ordinarily resident in Australia
*(c) this day present in Australia.
7. The facts and circumstances of the *citizenship/*residence/*presence in
Australia of the *husband/*wife are: 8. The marriage is void because of (state
ground).
9. The facts relied upon by the applicants are as follows:
(a)
(b)
*10. The following are particulars of orders that are still operative made in
proceedings between the applicants: (set out the date of each order, the court
by which it was made and brief particulars of the order).
or
*10. There are no orders that are still operative made in proceedings between
the applicants.
*11. The following are particulars of pending proceedings between the
applicants: (set out brief particulars of any pending proceedings and the
court in which such proceedings are pending).
or
*11. There are no proceedings pending between the applicants.
Dated the day of 19 .
..............................................................................
..
Solicitor for the Applicants
*Cross out whichever is not applicable. This application was prepared/settled
by (name of Counsel, Solicitor or Applicant)
AFFIDAVIT
We, (full name, address and occupation of applicants) each for ourselves make
oath and say/affirm: 1. I am one of the applicants herein and have read this
application.
2. The facts stated in this application that are within my personal knowledge
are true. All other facts stated in this application are true to the best of
my knowledge information and belief.
SWORN (or AFFIRMED) by the husband at
on the day
.....................................
of 19 . (Signature of husband)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn.) SWORN (or AFFIRMED) by the wife at
on the day
.....................................
of 19 . (Signature of wife)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn).
THIS APPLICATION was prepared/settled by (name of Counsel, Solicitor or
Applicant)
Note: Each party may swear at different times and before a different person.
DECLARATION BY SOLICITOR
I, (full name) state:
1. I am the solicitor for the applicant.
2. In compliance with Order 25, rule 3 of the Family Law Rules, I have
furnished to each of the applicants a document setting out the legal and
possible social effects of the proceedings and the counselling and welfare
facilities available.
..............................................................................
..
(Signature of solicitor)
--------
FORM 4
Order 7, rule 7
APPLICATION FOR DISSOLUTION OF MARRIAGE
(Title)
* does
Sec. 44 (1B) * does not apply DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE:
To: The *Husband/*Wife 1. TAKE NOTICE that the attached application for a
decree of dissolution of the abovementioned marriage HAS BEEN SET DOWN FOR
HEARING by the Court
at on the day of 19 , at o'clock.
2. You are invited to read carefully the attached document setting out the
legal and possible social effects of these proceedings and the counselling and
welfare facilities available. 3. If you desire-
(a) to deny any fact alleged in the application or to allege any
additional fact for the consideration of the Court; or
(b) to submit to the Court that it should dismiss the application or to
make any other submission to the Court, you should file an answer in
the form prescribed (Form 13) by the Family Law
Rules within days after you receive this document. Your answer must be
filed and served in accordance with the said Rules. 4. If you do not appear at
the hearing, the Court may proceed with the application in your absence. 5.
AND FURTHER TAKE NOTICE that if you propose to make any application to the
Court as to property or as to your own maintenance you must do so within 12
months of the making of a decree absolute in these proceedings. After that
time you cannot make a property or maintenance application without first
obtaining the leave of the Court to do so.
DATED this day of 19 .
.................................
Registrar
APPLICATION
(Full name of applicant), the *husband/*wife, applies for a decree of
dissolution of the abovementioned marriage on the ground that the marriage
broken down irretrievably. 1. The occupation of the husband is 2. The
occupation of the wife is The Marriage
3. The husband and wife were married at in (State or Territory or
Country) on the day of 19 .
The marriage was a *civil/*religious ceremony. The Parties 4. (a) At the time
of the marriage the husband was
*not previously married
*a widower
*a divorced person
*The husband had been married times before this marriage.
(b) At the time of the marriage the wife was
*not previously married
*a widow
*a divorced person
*The wife had been married times before this marriage.
5. (a) The husband was born at in (State or Territory or Country)
on the day of 19 and (if born outside Australia) first
entered
Australia in the year 19 .
(b) The wife was born at in (State or Territory or Country)
on the day of 19 and (if born outside Australia) first entered
Australia on the day of 19 .
Jurisdiction 6. The *husband/*wife
*(a) is domiciled in Australia
*(b) is an Australian citizen
*(c) has been ordinarily resident in Australia for the period of 12 months
immediately preceding the date of the filing of this application. 7. The facts
and circumstances of the *domicile/*citizenship/*residence of the
*husband/*wife are: The Separation
8. The husband and wife separated on the day of 19 and have,
within the meaning of the Act, lived separately and apart for a continuous
period of not less than 12 months immediately preceding the date of the filing
of this application. 9. The circumstances in which the husband and wife
separated (as set out in paragraph 8) are as follows:
(state concisely the relevant facts to enable the court to determine whether
separation in fact occurred on the date referred to) 10. (a) *Following the
separation referred to in paragraph 8, the husband took
up permanent residence at (town/suburb) in (State
or Territory or Country) and was a (occupation)
(b) *Following the separation referred to in paragraph 8, the wife took up
permanent residence at (town/suburb) in (State or
Territory or Country) and was a (occupation)
11.* After the date of the separation referred to in paragraph 8, the husband
and wife resumed cohabitation on the day of 19 and separated again
on
the day of 19 , and have since lived separately and apart.
12.* Since the separation referred to in paragraph 8, the husband and wife
resided in the same residence during the following period or periods and in
the following circumstances:
(set out address(es) of residence(s) that the parties have shared since they
separated, all relevant dates or periods, and the circumstances.) 13. There is
no reasonable likelihood of cohabitation between the parties being resumed.
The Children
*14. There are (number) children of the husband and wife (including
adopted children) who are over the age of 18 years.
*15. There is no child under the age of 18 years who is a child of the
marriage or who is, by virtue of section 5 or 5A of the Act, to be deemed to
be a child of the marriage for the purposes of the application of the Act in
relation to the marriage. or
*15. The following are children under the age of 18 years who are children of
the marriage or who are, by virtue of section 5 or 5A of the Act, to be deemed
to be children of the marriage for the purposes of the application of the Act
in relation to the marriage.
(full name, date of birth and where residing) 16. The following persons
presently reside in the same residence as the children under the age of 18
years. (set out in respect of each residence in which a child resides the full
name, age and relationship (if any) to the child of each person residing in
the same residence as that child) Arrangements For The Children 17. (a) The
following are the present arrangements for the welfare of the
children named in paragraph 15.< (set out details of housing,
(set out details of housing, supervision, education, health, access,
maintenance and financial support)
(b) The following alterations in the above arrangements are proposed by
the applicant: Previous Orders
*18. The following are particulars of orders that are still operative made in
family law or child welfare proceedings concerning the husband and wife or the
children: (set out the date of each order, the court by which it was made, the
place at which it was made and brief particulars of the order.) or
*18. No orders that are still operative have been made in family law or child
welfare proceedings concerning the husband and wife or the children. Pending
Proceedings
*19. The following are particulars of pending family law or child welfare
proceedings concerning the husband and wife or the children: (set out brief
particulars of any pending proceedings and the court in which the proceedings
are pending) or
*19. There are no pending family law or child welfare proceedings concerning
the husband and wife or the children.
Dated the day of 19 .
........................................
Solicitor for the Applicant
*Cross out whichever is not applicable.
THIS APPLICATION was *prepared/*settled by (Name of Counsel, Solicitor or
Applicant)
AFFIDAVIT
I, (full name, address and occupation) make oath and say/affirm:
1. I am the applicant herein and I have read this application.
2. The facts stated in this application that are within my personal
knowledge are true. All other facts stated in this application are
true to the best of my knowledge information and belief. owledge SWORN (or
AFFIRMED) by the Applicant at
on the day
.....................................
of 19 . (Signature of Applicant)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
DECLARATION BY SOLICITOR
I, (full name) state:
1. I am the solicitor for the applicant. 2. In compliance with Order 25, rule
3 of the Family Law Rules, I have furnished to the applicant a document
setting out the legal and possible social effects of the proceedings and the
counselling and welfare facilities available.
..............................................................................
..
(Signature of Solicitor)
--------
FORM 5
Order 7, rule 7
JOINT APPLICATION FOR DISSOLUTION OF MARRIAGE
(Title)
*does
Sec. 44 (1B) apply.
*does
not DATE OF FILING: HUSBAND'S ADDRESS FOR SERVICE: WIFE'S ADDRESS FOR SERVICE:
To the Husband and to the Wife
TAKE NOTICE that the attached joint application for a decree of dissolution of
the abovenamed marriage HAS BEEN SET DOWN FOR HEARING by the Court at
on the day of 19 , at o'clock.
YOU ARE BOTH INVITED to read carefully the attached document setting out the
legal and possible social effects of these proceedings and the counselling and
welfare facilities available.
AND FURTHER TAKE NOTICE that if you propose to make any application to the
Court as to property or as to your own maintenance you must do so within 12
months of the making of a decree absolute in these proceedings. After that
time you cannot make a property or maintenance application without first
obtaining the leave of the Court to do so.
DATED this day of 19 .
..............................................................................
..
Registrar
APPLICATION
(Full name of husband) and (full name of wife) jointly apply for a decree of
dissolution of marriage on the ground that the marriage has broken down
irretrievably. 1. The occupation of the husband is 2. The occupation of the
wife is The Marriage
3. The husband and wife were married at in (State or Territory or
Country) on the day of 19 .
The marriage was a *civil/*religious ceremony.
The Parties 4. (a) At the time of the marriage the husband was
*not previously married
*a widower
*a divorced person
*The husband had been married times before this marriage.
(b) At the time of the marriage the wife was
*not previously married
*a widow
*a divorced person
*The wife had been married times before this marriage.
5. (a) The husband was born at in (State or Territory or
Country) on the day of 19 and (if born outside
Australia) first entered Australia in the year 19 .
(b) The wife was born at in (State or Territory or Country)
on the day of 19 and (if born outside Australia) first entered
Australia in the year 19 .
Jurisdiction 6. The *husband/*wife
*(a) is domiciled in Australia
*(b) is an Australian citizen
*(c) has been ordinarily resident in Australia for the period of 12 months
immediately preceding the date of the filing of this application.
7. The facts and circumstances of the *domicile/*citizenship/*residence of the
*husband/*wife are:- The separation
8. The husband and wife separated on the day of 19 and have, within the
meaning of the Act, lived separately and apart for a continuous period of not
less than 12 months immediately preceding the date of the filing of this
application.
9. The circumstances in which the husband and wife separated (as set out in
paragraph 8) are as follows:-
(state concisely the relevant facts to enable the Court to determine whether
separation in fact occurred on the date referred to) 10. (a) *Following the
separation referred to in paragraph 8, the husband took
up permanent residence at (town/suburb) in (State
or Territory or Country) and was a (occupation)
(b) *Following the separation referred to in paragraph 8, the wife took up
permanent residence at (town/suburb) in (State or
Territory or Country) and was a (occupation)
*11. After the date of the separation referred to in paragraph 8, the husband
and wife resumed cohabitation on the day of 19 , and separated again
on
the day of 19 , and have since lived separately and apart.
*12. Since the commencement of the separation referred to in paragraph 8, the
husband and wife resided in the same residence during the following period or
periods and in the following circumstances:
(set out address(es) of residence(s) that the parties have shared since they
separated, all relevant dates or periods, and the circumstances.) 13. There is
no reasonable likelihood of cohabitation between the parties being resumed.
The children
*14. There are (number) children of the husband and wife (including
adopted children) who have attained the age of 18 years.
*15. There is no child under the age of 18 years who is a child of the
marriage or who is, by virtue of section 5 or 5A of the Act, to be deemed to
be a child of the marriage for the purposes of the application of the Act in
relation to the marriage.
or
*15. The following are children under the age of 18 years who are children of
the marriage or who are, by virtue of section 5 or 5A of the Act, to be deemed
to be children of the marriage for the purpose of the application of the Act
in relation to the marriage:
(full name, date of birth and where residing)
*16. The following persons presently reside in the same residence as the
children under the age of 18 years:
(set out in respect of each residence in which a child resides the full name,
age and relationship (if any) to the child of each person residing in the same
residence as that child) Arrangements for the children 17. (a) The following
are the present arrangements for the welfare of the children named in
paragraph 15:
(set out details of housing, supervision, education, health, access,
maintenance and financial support)
(b) The following alterations in the above arrangements are proposed by
the applicants: Previous orders
*18. The following are particulars of orders that are still operative made in
family law or child welfare proceedings concerning the husband and wife or the
children:
(set out the date of each order, the Court by which it was made, the place at
which it was made and brief particulars of the order)
or
*18. No orders that are still operative have been made in family law or child
welfare proceedings concerning the husband and wife or the children.
Pending proceedings
*19. The following are particulars of pending family law or child welfare
proceedings concerning the husband and wife or the children:
(set out brief particulars of any pending proceedings and the Court in which
the proceedings are pending)
or
*19. There are no pending family law or child welfare proceedings concerning
the husband and wife or the children.
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicant
* Cross out whichever is not applicable
THIS APPLICATION was prepared/settled by (Name of Counsel, Solicitor or
Applicants)
AFFIDAVIT
We (full name, address and occupation of applicants) each for ourselves make
oath and say/affirm:
1. I am one of the applicants herein and have read this application.
2. The facts stated in this application that are within my personal knowledge
are true. All other facts stated are true to the best of my knowledge
information and belief.
SWORN (or AFFIRMED) by the husband at
on the day of
.....................................
19 . (Signature of husband)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn) SWORN (or AFFIRMED) by the wife at
on the day of
.....................................
19 . (Signature of wife)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn) Note: Each party may swear at different times and
before a different person.
DECLARATION BY SOLICITOR
I, (full name) state:
1. I am the solicitor for the applicant.
2. In compliance with Order 25, rule 3 of the Family Law Rules, I have
furnished to each of the applicants a document setting out the legal and
possible social effects of the proceedings and the counselling and welfare
facilities available.
..............................................................................
..
(Signature of Solicitor)
--------
FORM 6
Order 7, rule 8
APPLICATION FOR DECLARATION AS TO VALIDITY
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The Respondent,
(Full name)
TAKE NOTICE that the attached application for a declaration as to the validity
of-
*a marriage
*the dissolution of a marriage
*the annulment of a marriage
HAS BEEN SET DOWN FOR HEARING by the Court at on the day of 19
at
o'clock.
YOU ARE INVITED to read carefully the attached document setting out the legal
and possible social effects of these proceedings and the counselling and
welfare facilities available.
AND FURTHER TAKE NOTICE that if you desire-
(a) to deny any fact alleged in the application or to allege any
additional fact for the consideration of the Court; or
(b) to submit to the Court that it should dismiss the application or make
any other submission to the Court, you should file an answer in the
form prescribed (Form 13) by the Family Law
Rules within days after you receive this document. Your answer must be
filed and served in accordance with the said Rules.
If you do not appear at the hearing, the Court may proceed with the
application in your absence.
DATED this day of 19 .
..............................................................................
..
Registrar
APPLICATION (Full name) APPLIES for a declaration that (set out declaration
sought) 1. The occupation of the applicant is 2. The occupation of the
respondent is 3. The parties were married (or went through a ceremony of
marriage) at
in (State or Territory or Country) on the day of 19 .
4. Immediately prior to the marriage (or purported marriage) the applicant was
*not previously married
*a widow/widower
*a divorced person
and the respondent was
*not previously married
*a widow/widower
*a divorced person 5. *The marriage was dissolved (or annulled) by (name of
Court)
at on the day of 19 .
6. (a) The applicant was born at on the day of 19 .
(b) The respondent was born at on the day of 19 .
7. The *applicant/*respondent is
*(a) an Australian citizen
*(b) ordinarily resident in Australia
*(c) this day present in Australia 8. The facts and circumstances of the
*applicant's/*respondent's
*citizenship/*residence/*presence in Australia are: 9. The facts relied on by
the applicant are as follows-
(a)
(b) 10. *The following are particulars of orders that are still operative
made in proceedings relating to the marriage (or purported marriage)
between the applicant and the respondent: (set out the date of each
order, the Court by which it was made and brief particulars of the
order)
or 10. *There are no orders that are still operative made in proceedings
between the applicant and the respondent.
11. *The following are particulars of proceedings relating to the marriage (or
purported marriage) that are pending between the applicant and the respondent:
(set out brief particulars of any pending proceedings)
or 11. *There are no proceedings relating to the marriage (or purported
marriage) that are pending between the applicant and the respondent.
Dated this day of 19 .
..............................................................................
..
(Signature of the Applicant)
* Cross out whichever is not applicable
AFFIDAVIT THIS APPLICATION was prepared/settled by (Name of Counsel, Solicitor
or Applicant)
I, (full name, address and occupation) make oath and
say/affirm:
1. I am the applicant herein and I have read this application.
2. The facts stated in this application that are within my personal knowledge
are true. All other facts stated in this application are true to the best of
my knowledge, information and belief.
SWORN (or AFFIRMED) by the applicant at
on the day of
.....................................
19 . (Signature of Applicant)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
DECLARATION BY SOLICITOR
I, (full name) state:
1. I am the solicitor for the applicant.
2. In compliance with Order 25, rule 3 of the Family Law Rules, I have
furnished to the applicant a document setting out the legal and possible
social effects of the proceedings and the counselling and welfare facilities
available.
Dated this day of 19 .
..............................................................................
..
(Signature of Solicitor)
--------
FORM 7
Order 7, rule 9
APPLICATION INITIATING PROCEEDINGS
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: To: The Respondent,
(full name) TAKE NOTICE that the attached application HAS BEEN SET DOWN FOR
HEARING by the
Court at on the day of 19 , at
o'clock. AND FURTHER TAKE NOTICE THAT-
(a) If you wish to defend this application but to raise no new issues
(other than as to costs), you may, at the earliest practicable date
before the return day set out above, file and serve an affidavit
setting out briefly the matters on which you rely.
(b) If you wish to defend this application and to seek some order other
than the order sought in this application you may at the earliest
practicable date before the return day set out above, file and serve a
cross-application and an affidavit in support.
(c) If you do not appear at the hearing, the Court may proceed to make the
orders sought, or similar orders, in your absence.
Dated this day of 19 .
..............................................................................
..
Registrar
APPLICATION
(Full name of applicant) whose occupation is , applies
for the following orders:-
(a)
(b)
(if insufficient space attach statement of orders sought)
1. The husband and wife were married at in (State or Territory or
Country) on the day of 19 .
2. (a) The husband was born at in (State or Territory or Country)
on the day of 19 , and (if born outside Australia) first
entered Australia in the year 19 .
(b) The wife was born at in (State or Territory or Country)
on the day of 19 , and (if born outside Australia) first entered
Australia in the year 19 .
*3. The husband and wife last resided in the same residence on the day
of
19 .
or
*3. The husband and wife still reside in the same residence. Previous Orders
*4. The following are particulars of orders that are still operative made in
family law or child welfare proceedings concerning the husband and wife or the
children:
(set out the date of each order, the Court by which it was made, the place at
which it was made and brief particulars of the order)
or
*4. No orders that are still operative have been made in family law or child
welfare proceedings concerning the husband and wife or the children. Pending
proceedings
*5. The following are particulars of pending family law or child welfare
proceedings concerning the husband or wife or the children:
(set out brief particulars of any pending proceedings and the Court in which
the proceedings are pending)
or
*5. There are no pending family law or child welfare proceedings concerning
the husband and wife or the children. THIS APPLICATION was prepared/settled by
(Name of counsel, solicitor or applicant)
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicant
*Cross out whichever is not applicable.
DECLARATION BY SOLICITOR
I, (full name) state:
1. I am the solicitor for the applicant. 2. In compliance with Order 25, rule
3 of the Family Court Rules, I have furnished to the applicant a document
setting out the legal and possible social effects of the proceedings and the
counselling and welfare facilities available.
..............................................................................
..
(Signature of Solicitor)
--------
FORM 8
Order 7, rule 9
APPLICATION
(PROCEEDINGS PENDING)
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The Respondent
(Full name) (Address)
*TAKE NOTICE that this application HAS BEEN SET DOWN FOR HEARING by the Court
at
on the day of 19 .
or
*TAKE NOTICE that this application, subject to any order made by the Court,
will
be heard at the same time as the application of the filed on the
day 19 .
AND TAKE FURTHER NOTICE THAT (a) If you wish to defend this application but to
raise no new issues (other than as to costs) you may at the earliest
practicable date before the return day set out above, file and serve an
affidavit setting out briefly the matters on which you rely. (b) If you wish
to defend this application and to seek some order other than the order sought
in this application you may at the earliest practicable date before the
return day set out above file and serve a cross-application and an affidavit
in support. (c) If you do not appear at the hearing, the Court may proceed to
make the orders sought, or similar orders, in your absence.
Dated this day of 19 .
..............................................................................
..
Registrar
APPLICATION
(Full name of applicant) whose occupation is , applies for the
following orders:
(a)
(b)
(If insufficient space, attach statement of orders sought) THIS APPLICATION
was prepared/settled by (Name of counsel, solicitor or applicant)
..............................................................................
..
Solicitor for the applicant
*Cross out whichever is not applicable.
--------
FORM 9
Order 8, rule 1 NOTICE OF REQUEST TO DETERMINE DISSOLUTION PROCEEDINGS IN THE
ABSENCE
OF THE PARTIES
(Title) DATE OF FILING: TO: The Registrar, (Name of Court) at
TAKE NOTICE that the applicant HEREBY REQUESTS the Court to determine these
proceedings for dissolution of marriage in the absence of the parties.
..............................................................................
..
Solicitor for the Applicant And to: (Name of other party)
TAKE NOTICE that the applicant has requested the Court to proceed in the
absence of the parties on the return day of the application for dissolution of
marriage.
AND FURTHER TAKE NOTICE that unless in accordance with the Family Law Rules,
you file and serve an answer to the application for dissolution of marriage or
a notice requesting the Court not to determine the proceedings in the absence
of the parties the Act provides that the Court may, in its discretion,
determine the proceedings notwithstanding that neither of the parties to the
proceedings nor their legal representatives are present in Court.
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicant
--------
FORM 10
Order 8, rule 3 NOTICE OF REQUEST TO THE COURT NOT TO DETERMINE DISSOLUTION
PROCEEDINGS IN THE ABSENCE OF THE PARTIES
(Title) DATE OF FILING: RESPONDENT'S ADDRESS FOR SERVICE: TO: The Registrar,
(Name of Court) at
TAKE NOTICE that the respondent in these proceedings for dissolution of
marriage HEREBY REQUESTS the Court not to determine these proceedings in the
absence of the parties. TO: The Applicant
TAKE NOTICE that the respondent has requested the Court not to determine these
proceedings for dissolution of marriage in the absence of the parties.
Dated this day of 19 .
..............................................................................
..
Solicitor for the Respondent
--------
FORM 11
Order 8, rule 2 JOINT REQUEST TO DETERMINE DISSOLUTION PROCEEDINGS IN THE
ABSENCE OF
THE PARTIES
(Title) DATE OF FILING: TO: The Registrar, (Name of Court) at
TAKE NOTICE that the abovenamed husband and wife request the Court to
determine these proceedings for dissolution of marriage in their absence.
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicants
--------
FORM 12
Order 9, rule 1 APPLICATION FOR ORDER RELATING TO MAINTENANCE IN COURT OF
SUMMARY
JURISDICTION
(SUMMARY PROCEDURE)
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The Respondent,
(Full name)
YOU ARE HEREBY ORDERED to attend either personally or by your counsel or
solicitor at the (name of Court) at on the day of 19
, at o'clock to answer the attached application.
TAKE NOTICE that you must bring with you to the Court such documents as you
have in your possession, custody or control which may assist the Court in
determining your income, needs and financial resources, including tax returns,
bank records and statements, pass books and current pay slips.
AND FURTHER TAKE NOTICE that if you fail to appear to answer this application
an order may be made in your absence.
Dated this day of 19 .
..............................................................................
..
Court officer
APPLICATION
(Full name of Applicant) whose occupation is , applies for
the following orders:
(a)
(b)
(c)
1. The gross current weekly income of the applicant is $ from the following
sources: (include name and address of employer). 2. To the best of the
applicant's knowledge information and belief the
respondent is employed as and receives the current weekly gross income of
$
from the following sources (include name and address of employer).
*3. There is no present order for maintenance
or
*3. There is a current maintenance order made by the (name of Court) at
on the day of 19 and it is as follows:
4. The husband and wife were married at on the day of 19 .
5. The fixed weekly expenses of the applicant are: (set out mortgage, rental,
hire purchase, bankcard and other like fixed expenses)
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicant
*Cross out whichever is not applicable.
--------
FORM 13
Order 10, rule 2
ANSWER
(Title) DATE OF FILING: RESPONDENT'S ADDRESS FOR SERVICE:
1. The respondent in answer to the application filed on the day of
19 , says:
(set out answers to facts alleged in application) 2. The respondent also
relies on the following further facts- 3. The respondent therefore seeks the
following orders-
Dated this day of 19 .
..............................................................................
..
Solicitor for the Respondent THIS ANSWER was prepared/settled by (Name of
Counsel, Solicitor or Respondent)
AFFIDAVIT
I, (full name, address and occupation) make oath and
say/affirm: 1. I am the respondent herein and I have read this answer. 2. The
facts stated in this answer that are within my personal knowledge are true.
All other facts stated in this answer are true to the best of my knowledge,
information and belief. SWORN (or AFFIRMED) by the respondent at
on the day of
.....................................
19 . (Signature of respondent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
--------
FORM 14
Order 10, rule 3
ANSWER UNDER PROTEST
(Title) DATE OF FILING: RESPONDENT'S ADDRESS FOR SERVICE:
1. The respondent in answer to the application filed on the day of
19 objects to the jurisdiction of the Court upon the following grounds: (set
out facts relied upon) 2. The respondent therefore asks the Court to dismiss
the application. THIS ANSWER was prepared/settled by (Name of Counsel,
Solicitor or Respondent)
Dated this day of 19 .
..............................................................................
..
Solicitor for the Respondent
AFFIDAVIT
I, (full name, address and occupation) make oath and
say/affirm: 1. I am the respondent herein and I have read this answer under
protest. 2. The facts stated in this answer that are within my personal
knowledge are true. All other facts stated in this answer under protest are
true to the best of my knowledge, information and belief. SWORN (or AFFIRMED)
by the respondent at
on the day of
.....................................
19 . (Signature of respondent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
--------
FORM 15
Order 11, rule 2
NOTICE OF WITHDRAWAL OF PLEADING
(Title)
NOTICE is hereby given that wholly withdraws his/her filed the
day of 19 in these proceedings.
Dated this day of 19 .
..............................................................................
..
Solicitor for
--------
FORM 16
Order 15, rule 1
AFFIDAVIT
(Title)
I, (full name, address and occupation) make oath and say/affirm:
1.
2. SWORN (or AFFIRMED) by the deponent at
on the day of
.....................................
19 . (Signature of deponent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn) THIS AFFIDAVIT was prepared/settled by (Name of
Counsel, Solicitor or party filing affidavit)
--------
FORM 17
Order 17, rule 2
STATEMENT OF FINANCIAL CIRCUMSTANCES
(Title) DATE OF FILING: FILED ON BEHALF OF THE
(AFFIDAVIT)
I, (full name, address and occupation) make oath and say/affirm:
1. I am the husband/wife (or as the case may be) in this application.
2. The facts and figures set out in the following six pages and the annexures
hereto (if any) signed by me (hereinafter referred to as "my statement") which
are within my personal knowledge are true.
3. All other facts and figures in my statement and the annexures thereto are
true to the best of my knowledge, information and belief.
4. Where any estimate is given in my statement it is based on knowledge,
information and belief and is given in good faith.
5. I have no assets or income or any interest in a superannuation fund or
deceased estate or trust, present or future, other than as set out in my
statement.
SWORN or AFFIRMED, by the deponent at
on the day of
.....................................
19 . (Signature of deponent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn) NOTES:
1. The deponent should as far as practicable complete columns A and B as to
both parties.
2. Where an estimate only can be given of a particular required to be
furnished, the letter "E" should be inserted before the amount stated.
3. Where any particular as to income, expense, property or other financial
resources is not known to the deponent and cannot after due enquiry be
estimated, the letters "NK" should be inserted in the space provided.
4. Where a deponent accepts the accuracy of any facts and figures furnished by
the other party, the deponent should signify acceptance by inserting the
letters "AD" or the word "Admitted" in the space provided.
1.
INCOME OF HUSBAND
A B
For last Current
year ended Weekly
30th June
Salary or wages (before tax) .........
........
Commissions .........
........
Bonuses .........
........
Overtime .........
........
Dividends and interest .........
........
Rents .........
........
Net income (before tax) from business of ....... .........
........
Social welfare payments .........
........
Family allowance (child endowment) .........
........
Maintenance paid by ............................ .........
........
Any other sources (specify) .........
........
................................................. .........
........
................................................. .........
........
---------- ----------
TOTAL INCOME $ $
---------- ----------
2.
EMPLOYMENT OF HUSBAND
Occupation of husband.........................................................
Employer of husband...........................................................
Benefits received from employer (car, telephone,
expense account, etc.) .........
........
................................................. .........
........
................................................. .........
........
................................................. .........
........
..............................................................................
..
Signature
3.
INCOME OF WIFE
A B
For last Current
year ended Weekly
30th June
Salary or wages (before tax) .........
........
Commissions .........
........
Bonuses .........
........
Overtime .........
........
Dividends and interest .........
........
Rents .........
........
Net income (before tax) from business of ....... .........
........
Family allowance (child endowment) .........
........
Social welfare payments .........
........
Maintenance paid by ............................ .........
........
Any other sources (specify) .........
........
................................................. .........
........
................................................. .........
........
---------- ----------
TOTAL INCOME $ $
---------- ----------
4.
EMPLOYMENT OF WIFE
Occupation of wife............................................................
Employer of wife..............................................................
Benefits received from employer (car, telephone,
expense account, etc.) .........
........
................................................. .........
........
................................................. .........
........
................................................. .........
........
..............................................................................
..
Signature
5.
EXPENSES OF HUSBAND
A B
For last Current
year ended Weekly
30th June
Income tax (including medicare levy) .........
........
Superannuation .........
........
Life insurance premiums .........
........
Health insurance subscriptions .........
........
Medical, dental and hospital expenses (net) .........
........
Housing and contents insurance .........
........
Rent .........
........
Rates and taxes .........
........
Mortgage payments .........
........
House repairs .........
........
Food and household supplies .........
........
Household replacements .........
........
Electricity, gas and fuel .........
........
Telephone .........
........
Laundry and cleaning .........
........
Clothing .........
........
Child care and education .........
........
Entertainment .........
........
Fares .........
........
Car expenses-running .........
........
-registration and insurance .........
........
Hire purchase payments in respect of-
(a) ........................................... .........
........
(b) ........................................... .........
........
(c) ........................................... .........
........
Maintenance paid for-
(a) spouse .........
........
(b) former spouse .........
........
(c) children .........
........
Other expenses (specify)
................................................. .........
........
................................................. .........
........
---------- ----------
TOTAL EXPENSES $ $
---------- ----------
..............................................................................
..
Signature
6.
EXPENSES OF WIFE
A B
For last Current
year ended Weekly
30th June
Income tax (including medicare levy) .........
........
Superannuation .........
........
Life insurance premiums .........
........
Health insurance subscriptions .........
........
Medical, dental and hospital expenses (net) .........
........
House and contents insurance .........
........
Rent .........
........
Rates and taxes .........
........
Mortgage payments .........
........
Food and household supplies .........
........
Household replacements .........
........
Electricity, gas and fuel .........
........
Telephone .........
........
Laundry and cleaning .........
........
Clothing .........
........
Child care and education .........
........
Entertainment .........
........
Fares .........
........
Car expenses-running .........
........
-registration and insurance .........
........
Hire purchase payments in respect of-
(a) ........................................... .........
........
(b) ........................................... .........
........
(c) ........................................... .........
........
Maintenance paid for-
(a) spouse .........
........
(b) former spouse .........
........
(c) children .........
........
Other expenses (specify)
................................................. .........
........
................................................. .........
........
---------- ----------
TOTAL EXPENSES $ $
---------- ----------
..............................................................................
..
Signature
7.
INCOME OF OTHER MEMBERS OF DEPONENT'S HOUSEHOLD
(a) Set out name, age and relationship to deponent of all members of
household
................................................................
................................................................
(b) Set out details of separate gross income of each person referred to in
paragraph (a) hereof.
................................................................ .........
................................................................ .........
----------
TOTAL $
----------
8.
PROPERTY
A B
Husband Wife
Real estate (specify, giving estimated market value)
................................................. .........
........
................................................. .........
........
Credit in savings account(s) in .........
........
(a) bank(s) .........
........
(b) building society(s) etc. .........
........
Cheque account balance .........
........
Cash in hand .........
........
Shares and debentures (annex list) .........
........
Insurance policies (specify, giving term, maturity and surrender value)
................................................. .........
........
................................................. .........
........
Motor vehicles (make, model and market value)
................................................. .........
........
................................................. .........
........
All other property (specify and give market value)
................................................. .........
........
................................................. .........
........
---------- ----------
TOTAL $ $
---------- ----------
..............................................................................
..
Signature
9. OTHER FINANCIAL RESOURCES-PRESENT AND ANTICIPATED
A B
Husband Wife
Superannuation-
Name of fund .........
........
Years of membership (total) .........
........
Total contributions by contributor .........
........
Superannuation benefits payable on-
Immediate retirement .........
........
Retirement at minimum permitted age of years .........
........
Compulsory retirement at age of years .........
........
Death before retirement .........
........
Retirement for incapacity .........
........
Interest in any deceased estate or trust (specify name and interest)
................................................. .........
........
................................................. .........
........ 10. LIABILITIES
Mortgage balance .........
........
Overdraft .........
........
Credit cards .........
........
Loans .........
........
Hire purchase-balance and number of payments to
be made .........
........
Other liabilities (specify)
................................................. .........
........
................................................. .........
........ 11. Annexed hereto and signed by me are the financial statements as
to my business or partnership and of each trust settlement or estate referred
to above for the last two completed financial years.
12. Annexed hereto and signed by me are the balance sheets and profit and loss
accounts of the proprietary company ........................................
of which I am controlling or majority shareholder or governing director or
managing director (specify) for the last two completed financial years.
..............................................................................
..
Signature
--------
FORM 18
Order 18, rule 2
NOTICE OF ADDRESS FOR SERVICE
(Title)
TAKE NOTICE that the address for service of is
The following documents were served on on the day of 19 :
*(a) copy of application for filed on the day of 19 ;
*(b) copy of affidavit of (full name of deponent) sworn on the
day of 19 ;
*(c) (specify any other document served )
Dated this day of 19 .
..............................................................................
..
Solicitor for
*Cross out whichever is not applicable.
--------
FORM 19
Order 18, rule 4
NOTICE OF CHANGE OF ADDRESS FOR SERVICE
(Title)
TAKE NOTICE that the address for service of is changed to
Dated this day of 19 .
..............................................................................
..
Solicitor for
--------
FORM 20
Order 18, rule 8
ACKNOWLEDGEMENT OF SERVICE
(Title)
I, (full name, address and occupation) acknowledge that on the
day of 19 , I received copies of the following documents:
*(a) application for
*(b) copy of affidavit of (full name of deponent) sworn on the
day of 19 .
*(c) document under Order 25, rule 3 of the Family Court Rules.
(d) (specify any other document served)
I also acknowledge that I am the person referred to in the application as the
.
Dated this day of 19 .
..............................................................................
..
(Signature)
*Cross out whichever is not applicable.
--------
FORM 21
Order 18, rule 17
AFFIDAVIT OF PROOF OF SIGNATURE
(Title)
I, (full name, address and occupation) make oath and say/affirm:
1. The signature on the photocopy of the acknowledgment of service marked "A"
and annexed hereto is the signature of (full name)
2. I am able to identify the signature because (set out the manner of
identification).
SWORN (or AFFIRMED) by the deponent at
on the day of
.....................................
19 . (Signature of Deponent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
--------
FORM 22
Order 18, rule 19
AFFIDAVIT OF PERSONAL SERVICE
(Title)
I, (full name, address and occupation) make oath and say/affirm:
1. On the day of 19 , I duly served (full name) with a
sealed copy of the following document (or each of the following documents)
filed in the abovementioned proceedings:
(specify each document served)
by delivering it (or them) to the said (full name) personally at (address) (or
as the case requires, see Order 18, sub-rules 7 (2) and (3)).
*2. At the same time I duly delivered to the person served personally a
document under Order 25, rule 3 of the Family Law Rules.
*3. Annexed hereto and marked with the letter "A" is an acknowledgment of
service signed in my presence by the person served.
*4. The means by which I established that the person to whom the document was
(or documents were) delivered was the person required to be served with the
document (or documents) were as follows:
(set out the means by which the deponent identified the person served ) SWORN
(or AFFIRMED) by the deponent at
on the day of
.....................................
19 . (Signature of Deponent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
*Cross out whichever is not applicable.
--------
FORM 23
Order 18, rule 19
AFFIDAVIT OF SERVICE BY POST
(Title)
I, (full name, address and occupation) make oath and say/affirm:
1. On the day of 19 , I duly posted to (full name) a
sealed copy of *the following document/*each of the following documents in the
abovementioned proceedings:
(specify each document served)
by posting them at (place of posting) in one envelope addressed to
the
said (full name) at (address) .
2. In the same envelope I duly posted a form of acknowledgment of service and
a document under Order 25, rule 3 of the Family Law Rules.
3. Annexed hereto and marked "A" is the form of acknowledgment of service
received by me by (state how received) on the day of 19 .
SWORN (or AFFIRMED) by the deponent at
on the day of
.....................................
19 . (Signature of Deponent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn)
*Cross out whichever is not applicable.
--------
FORM 24
Order 20, rule 2
REQUEST FOR DISCOVERY
(Title)
TAKE NOTICE that the requests the to make discovery on
oath of the documents that are or have been in the possession, custody or
control of
,
*(a) relating to matters that are in question in these proceedings;
*(b) relating to the following matters that are in question in these
proceedings (specify the matters)
*(c) specified hereunder (specify the documents)
Dated this day of 19 .
..............................................................................
..
Solicitor for
*Cross out whichever is not applicable.
--------
FORM 25
Order 20, rule 3
AFFIDAVIT OF DOCUMENTS
(Title) DATE OF FILING:
I, (full name, address and occupation) make oath and say/
affirm:-
1. I am the abovenamed
2. I have in my possession, custody or control the documents relating to the
matters in question in these proceedings enumerated in Parts 1 and 2 of
Schedule 1 hereto.
3. I object to producing the documents enumerated in Part 2 of the said
Schedule 1 on the grounds (state the grounds of objection).
4. I have had, but have not now, in my possession, custody or control the
documents relating to the matters in question in these proceedings enumerated
in Schedule 2 hereof.
5. Of the documents in the said Schedule 2 those numbered in that
schedule were last in my possession, custody or control on (stating when) and
the remainder (stating when).
6. (Here state what has become of the said documents and in whose possession
they now are)
7. Neither I, nor my solicitor, nor any other person on my behalf, has now, or
ever has had, in my or their possession, custody or control any documents of
any description whatever relating to any matter in question in these
proceedings other than the documents enumerated in Schedules 1 and 2 hereof.
SCHEDULE 1
PART 1
(Here enumerate in a convenient order the documents (or bundles of documents,
if of the same nature, such as invoices) in the possession, custody or control
of the party which the party does not object to producing, with a short
description of each document or bundle of documents sufficient to identify it)
PART 2
(Here enumerate as in Part 1 the documents in the possession, custody or
control of the party which the party objects to producing)
SCHEDULE 2
(Here enumerate, as in Part 1 of Schedule 1, the documents which have been,
but at the date of the affidavit are not in the possession, custody or control
of the party) SWORN (or AFFIRMED) by the deponent at
on the day of
.....................................
19 . (Signature of Deponent)
Before me:
...................................
(Signature and title of person
before whom affidavit sworn) THIS AFFIDAVIT was prepared/settled by (name of
counsel, solicitor or party filing)
NOTICE FOR INSPECTION
TAKE NOTICE that the documents in Schedule 1, Part 1 may be inspected at
(the office of the party's solicitor or as the case may be) on the
day of 19 between the hours of and .
--------
FORM 26
Order 20, rule 6
NOTICE TO PRODUCE
(Title) TO: (Full name)
TAKE NOTICE that you are required to produce at the Court at o'clock
on
the day of 19 at the hearing of the proceedings herein the
following documents:
(specify each document required)
Dated this day of 19 .
..............................................................................
..
Solicitor for
--------
FORM 27
Order 22, rule 2
NOTICE TO ADMIT FACTS AND AUTHENTICITY OF DOCUMENTS
(Title) TO: (Full name)
TAKE NOTICE that you are required by the abovenamed (full name) to admit for
the purpose of these proceedings only-
(state each fact)
You are required to admit for the purpose of these proceedings only the
authenticity of the following documents-
(describe each document)
AND FURTHER TAKE NOTICE if you do not, within 14 days after service of this
notice upon you, serve a notice on the said (full name) disputing
any fact (and the authenticity of any document) above specified, that fact,
(and the authenticity of that document) shall, for the purpose of these
proceedings,
be admitted by you .
Dated this day of 19 .
..............................................................................
..
Solicitor for
--------
FORM 28
Order 22, rule 2
NOTICE DISPUTING FACTS OR THE AUTHENTICITY OF DOCUMENTS
(Title) TO: (full name)
TAKE NOTICE that the abovenamed (full name) disputes the following
facts specified in your notice dated the day of 19 .
(state each fact)
The said (full name) disputes the authenticity of the following
documents which were specified in your notice (or list of documents)
dated the day of 19 .
(describe each document)
The said (full name) admits-
(state each fact or describe each document)
Dated this day of 19 .
..............................................................................
..
Solicitor for
--------
FORM 29
Order 23, rule 11 CONSENT OF AUTHORISED PERSON TO ACT AS NEXT FRIEND OF A
PERSON UNDER
DISABILITY
(Title)
I, (full name, address and occupation), being an authorised person, consent to
act as the next friend of the abovenamed husband/wife (or as the case may be)
for the purposes of the abovementioned proceedings.
Dated this day of 19 .
..............................................................................
..
(Signature)
--------
FORM 30
Order 23, rule 13
CONSENT TO ACT AS NEXT FRIEND OF A PERSON UNDER DISABILITY
(Title)
I, (full name, address and occupation) hereby consent to act as the
next friend of (full name) for the purposes of the abovementioned proceedings.
*I am (set out relationship (if any) to the person under disability).
or
*I am not related to the said person under disability.
I have no interest adverse to the said person under disability in the
abovementioned proceedings.
Dated this day of 19 .
..............................................................................
..
(Signature)
* Cross out whichever is not applicable.
--------
FORM 31
Order 25, rule 1
Family Law Act 1975
NOMINATION OF PERSON TO ASSIST RECONCILIATION TO: (Name and address)
I, the Principal Director of Court Counselling of the Family Court
of
Australia, (or the of the Family Court of the State of )
nominate you to assist and in considering a reconciliation.
The law provides that communications between Mr. and Mrs. and
yourself in considering reconciliation are to be treated in the strictest
confidence and are not to be revealed in any court or elsewhere.
Dated the day of 19 .
..............................................................................
..
(Signature)
--------
FORM 32
Order 25, rule 2
Family Law Act 1975
NOTICE SEEKING COUNSELLING TO: THE PRINCIPAL DIRECTOR OF COURT COUNSELLING of
the Family Court of Australia
or TO: THE APPROPRIATE OFFICER of the Family Court of (name of State) at .
I, (full name, address, occupation and telephone number) give
notice that I seek the assistance of the counselling facilities available to
the Family Court in connexion with my marriage. Please invite my husband/wife
(full name, address and telephone number) to attend for
counselling.
or
We, (full name, address, occupation and telephone number) an
full name, address, occupation and telephone number) give notice
that we seek the assistance of the counselling facilities available to the
Family Court in connexion with our marriage.
Dated this day of 19 .
..............................................................................
..
(Signature(s))
--------
FORM 33
Order 25, rule 2
Family Law Act 1975
NOTICE SEEKING COUNSELLING AS TO THE WELFARE OF CHILDREN TO: THE PRINCIPAL
DIRECTOR OF COURT COUNSELLING of the Family Court of Australia.
or TO: THE APPROPRIATE OFFICER of the Family Court of (name of State)
at .
I, (full name, address, occupation and telephone number) give
notice that I seek the assistance of the counselling facilities available to
the Family Court in connexion with the welfare of the children
(name and date of birth of each child)
Please invite (full names, addresses, occupations and telephone numbers
) to attend for individual (and/or joint) counselling.
or
We, (full name, address, occupation and telephone number) an
full name, address, occupation and telephone number) give notice
that we seek the assistance of the counselling facilities available to the
Family Court in connexion with the welfare of the following children:
(name and date of birth of each child)
Dated this day of 19 .
..............................................................................
..
(Signature(s))
--------
FORM 34
Order 25, rule 4
Family Law Act 1975
CERTIFICATE FOR THE PURPOSES OF REGON 44 (1B) DATE OF FILING: DATE OF MARRIAGE
OF PARTIES:
I, (full name) certify that (full name and address of husband
) and (full name and address of wife) , being the parties
to a marriage, have considered a reconciliation *with my assistance/*with the
assistance of (full name and address of organisation), (insert
date or dates)
Dated this day of 19 .
..............................................................................
..
(Signature and capacity in
which the person signs)
*Cross out whichever is not applicable.
--------
FORM 35
Order 25, rule 4
Family Law Act 1975
CERTIFICATE FOR THE PURPOSES OF REGON 44 (1C) DATE OF FILING: DATE OF MARRIAGE
OF PARTIES:
I, (full name) certify that (full name and address of
*husband/*wife), being a party to a marriage with (full name and address of
spouse), has considered a reconciliation *with my assistance/*with the
assistance of (full name and address of organisation) on (insert dates).
I further certify that the *husband/*wife has been invited by me*/the said
organisation* to so consider a reconciliation but has *failed/*refused to
attend for that purpose.
Dated this day of 19 .
..............................................................................
..
(Signature and capacity in which the person signs)
*Cross out whichever is not applicable.
--------
FORM 36
Order 28, rule 1
SUBPOENA TO GIVE EVIDENCE
(Title) TO: (Full name) of (address)
YOU ARE HEREBY ORDERED to attend at this Court at on the day of
19 at o'clock and so to attend from day to day unless excused by the
Court or a Registrar, until the hearing of the above proceedings is completed,
to give evidence.
Dated this day of 19 .
..............................................................................
..
Registrar
TAKE NOTICE: The Family Law Rules provide that if you fail to obey this
subpoena-
(a) a warrant may issue for your arrest; and
(b) if you so fail without reasonable cause or excuse you commit an
offence punishable by a fine not exceeding $500.
--------
FORM 37
Order 28, rule 1
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS
(Title) TO: (Full name) of (address)
YOU ARE HEREBY ORDERED to attend at this Court at on the day of
19 at o'clock and so to attend, unless excused by the Court or a
Registrar, from day to day until the hearing of the above proceedings is
completed, to give evidence and also to bring with you and produce to the
Court at the specified time from your possession, custody or control the
following books, documents and things:
(specify each document)
Dated this day of 19 .
..............................................................................
..
Registrar
TAKE NOTICE: The Family Law Rules provide that if you fail to obey this
subpoena-
(a) a warrant may issue for your arrest; and
(b) if you so fail without reasonable cause or excuse you commit an
offence punishable by a fine not exceeding $500.
--------
FORM 38
Order 28, rule 1
SUBPOENA TO PRODUCE DOCUMENTS
(Title) TO: (Full name) of (address)
YOU ARE HEREBY ORDERED to attend at this Court at on the day of
19 at o'clock and so to attend from day to day, unless excused by the
Court or a Registrar until the hearing of the above proceedings is completed,
to produce to the Court from your possession, custody or control the following
books, documents and things:
(specify each document)
You may, if you so desire, produce the books, documents and things referred to
herein to an officer of the Court at the place specified not later than the
day before the day specified above for their production and, if you do so you
need not appear on the day specified.
Dated this day of 19 .
..............................................................................
..
Registrar
TAKE NOTICE: The Family Law Rules provide that if you fail to obey this
subpoena-
(a) a warrant may issue for your arrest; and
(b) if you so fail without reasonable cause or excuse you commit an
offence punishable by a fine not exceeding $500.
--------
FORM 39
Order 31, rule 1
DECREE NISI OF DISSOLUTION OF MARRIAGE
(Title)
Before the Family Court of
The day of 19 .
1. The application of (full names) for dissolution of the marriage of the
abovenamed husband and wife was heard this day.
2. The court was satisfied that the abovenamed (full name) was domiciled in
Australia (or was a citizen of Australia or was ordinarily resident in
Australia).
3. The court held that the marriage had broken down irretrievably.
4. The court decreed that, upon and subject to the decree of the court
becoming absolute, the marriage solemnized on the day of 19
between the abovenamed husband and wife be dissolved.
*5. The Court by order decreed that it was satisfied that there are no
children of the marriage who have not attained the age of 18 years.
*6. The Court by order decreed that it was satisfied that the only children of
the marriage who have not attained the age of 18 years are the children
specified in the order and that (set out particulars of order under section 63
(1) (b).)
By the Court,
Registrar.
NOTES: 1. A party to a marriage who marries again before this decree becomes
absolute (unless the other party has died) commits the offence of bigamy.
2. If, before this decree becomes absolute, it comes to the notice of a party
to the marriage that the other party has died, he or she should file an
affidavit or certificate in the office of the Court giving particulars of the
date and place of death.
3. If the parties to the marriage become reconciled before this decree becomes
absolute, application should be made to the Court before the decree becomes
absolute for rescission of the decree.
4. If a party to the marriage proposes to make any application to the court as
to property or as to the maintenance of that party, such application must be
made within 12 months of this decree becoming absolute. After that time such
an application cannot be made without first obtaining the leave of the Court
to do so.
*Cross out whichever is not applicable.
--------
FORM 40
Order 31, rule 2
DECREE OF NULLITY OF MARRIAGE
(Title)
Before the Family Court of
The day of 19 .
1. The application of (full names) for nullity of marriage on the
ground of was heard this day.
2. The court was satisfied that the was ordinarily resident in
Australia (or was a citizen of Australia or was present in Australia).
3. The court was satisfied that the ground was proved.
4. The court therefore decreed that the marriage in fact solemnized on the
day of 19 at between (full name) and (full name)
be declared to have been absolutely null and void.
By the Court,
Registrar.
NOTE: If a party to the void marriage proposes to make any application to the
court as to property or as to the maintenance of that party, such application
must be made within 12 months of the making of this decree. After that time
such an application cannot be made without first obtaining the leave of the
Court to do so.
--------
FORM 41
Order 31, rule 4
MEMORANDUM OR CERTIFICATE THAT DECREE NISI HAS BECOME ABSOLUTE
(Title)
1. Date of decree nisi:
*2. Date of order under section 63:
*3. Date of determination or discontinuance of appeal:
*4. Date of order under section 55 (2):
*5. Date on which intervention determined:
I certify that the decree nisi of dissolution of marriage between the
abovenamed husband and wife became absolute on the day of
19 .
Dated this day of 19 .
Registrar
* Cross out whichever is not applicable.
--------
FORM 42
Order 32, rule 1
NOTICE OF APPEAL
Family Law Act 1975
IN THE FULL COURT OF Appeal No. of
19
THE FAMILY COURT OF AUSTRALIA From No. (filing registry number)
between Appellant (Husband, Wife or as the case may be)
and Respondent (Husband, Wife or as the case may be) DATE OF FILING:
APPELLANT'S ADDRESS FOR SERVICE: DATE(S) OF HEARING DATE OF DECREE OR
JUDGMENT: REGISTRY OR PLACE WHERE DECREE MADE:
TAKE NOTICE that the appellant appeals from the whole of the said decree.
or
TAKE NOTICE that the appellant appeals from the following parts of the said
decree: (set out the parts of the decree appealed from)
GROUNDS OF APPEAL (Here set out briefly but specifically each of the grounds
relied upon in
support of the appeal)
ORDERS SOUGHT
In place of the aforesaid decree appealed from the appellant seeks the
following decree: (set out specifically the decree, order or determination
sought by the appellant in place of the decree appealed from)
THIS NOTICE OF APPEAL was prepared/settled by: (Name of counsel, solicitor or
appellant)
Appellant's Solicitors: (Full name, address and telephone number)
Respondent's Solicitors: (Full name, address and telephone number)
Dated this day of 19 .
..............................................................................
..
Solicitor for the Appellant
--------
FORM 43
Order 32, rule 4
APPEAL FROM COURT OF SUMMARY JURISDICTION
(Title) ON APPEAL FROM THE COURT OF SUMMARY JURISDICTION AT DATE OF FILING:
APPELLANT'S ADDRESS FOR SERVICE:
TAKE NOTICE that the appellant (full name) appeals against the
decree of the abovenamed court of summary jurisdiction made on the day
of
19 , in which it was ordered: (set out decree appealed from)
THE APPELLANT seeks the following orders: (set out decree sought in place of
that made by the Court appealed from)
Dated this day of 19 .
..............................................................................
.
Solicitor for the Appellant
NOTICE OF HEARING TO: (Full name of respondent)
TAKE NOTICE that this appeal HAS BEEN SET DOWN FOR HEARING in the Family Court
of (or as the case may be) at on the
day of 19 at o'clock.
..............................................................................
.
Registrar
--------
FORM 44
Order 32, rule 5
REQUEST FOR REVIEW OF REGISTRAR'S DECISION
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: (Full name of
respondent)
TAKE NOTICE that (full name) requests the Court to review
the decision of Registrar (or Deputy Registrar) (name)
given on the day of 19 wherein it was ordered
(set out the order to be reviewed)
Dated this day of 19 .
..............................................................................
.
Solicitor for the Applicant
NOTICE OF HEARING
TAKE NOTICE that this application to review HAS BEEN SET DOWN FOR HEARING by
the Court at on the day of 19 at o'clock.
..............................................................................
.
Registrar
--------
FORM 45
Order 33, rule 3
NOTICE REQUIRING FINANCIAL INFORMATION
(Title) To: (Full name and address)
1. An order was made (or a maintenance agreement was registered) on ( date)
requiring that you pay (amount and period) for the benefit of (name).
2. It is alleged that you are in default or in arrears in the amount of $ .
3. An application may be made for the issue of a summons for you to attend
court to be orally examined concerning your failure to comply with the order
or agreement. However, if you give complete answers to the questions set out
below and return this form to the address set out in paragraph 4 within 10
days, the issue of a summons may be avoided.
4. The completed form should be signed and returned to (full name and
address).
Dated this day of 19 .
Registrar.
Questions
(1) What is your present address?
(2) What is your occupation?
(3) Who is your employer? (Give details, including the address).
(4) What are your gross weekly earnings?
(5) What deductions are made from your earnings (including income tax)?
(6) What other sources of income do you have? (Give details)
(7) Does any person owe you money? (Give details)
(8) Have you any bank accounts or other savings? (Give details, including
balances and, where possible, give account numbers)
(9) Do you own or are you purchasing any land? (Give details)
(10) Do you own or are you purchasing a motor vehicle? (Give details)
(11) Apart from clothing, tools, household furniture and effects, what other
property do you own? (Give details)
(12) What arrangements are you prepared to make to satisfy the arrears under
the abovementioned order or agreement?
Dated this day of 19 .
..............................................................................
..
(Signature)
--------
FORM 46
Order 33, rule 3
ENFORCEMENT SUMMONS
(Title) TO: (Full name and address)
An order was made (or a maintenance agreement was registered) on (date)
requiring that you pay (amount and period) for the benefit of (name).
Payments under the order or agreement are in default or in arrears in the
amount of $ at this date
You are hereby summoned to attend at this court at on the day
of
19 at o'clock to be orally examined on all matters relating to
your refusal or failure to comply with the order or agreement and to produce
the document(s) or thing(s) in your possession, custody or control described
in the Schedule to this summons.
The court may, on the hearing of this summons and upon being satisfied that
you have refused or failed to comply with the order or agreement, make such of
the following orders as it thinks fit:
(a) an order for the payment of the arrears and any other unpaid portion
of the moneys payable under the first-mentioned order or agreement;
(b) a garnishment order in respect of moneys owing to you, including any
wages or salary;
(c) an order for seizure and sale of personal property belonging to you;
(d) an order that your estate be sequestrated;
(e) an order for seizure and sale of any interest in land belonging to
you;
(f) such other orders as it thinks necessary to enable enforcement of its
orders or the agreement or to prevent the dissipation of property or
the wasting of assets.
Dated this day of 19 .
..............................................................................
. Registrar. NOTE:
The Rules provide that a person who, without reasonable cause or excuse, fails
to attend before the court as required by a summons commits an offence
punishable by a fine not exceeding $500.
The Rules further provide that, where a person fails to attend before a court
as required by a summons, the court may issue a warrant directing that the
person be taken into custody and brought before the court.
Section 108 of the Family Law Act 1975 gives a court power to punish persons
for wilful disobedience of any decree made by the court. Punishment may be by
imprisonment or fine, or both.
SCHEDULE
--------
FORM 47
Order 34, rule 2
APPLICATION-CONTEMPT
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The Respondent,
(full name) (address)
TAKE NOTICE that the attached application that you be dealt with by the Court
for contempt of Court HAS BEEN SET DOWN FOR HEARING by the Court at on
the
day of 19 , at o'clock.
AND FURTHER TAKE NOTICE that if you do not appear personally before the Court
(with or without a legal representative) at the time and place set out above
to answer this application and to be further dealt with according to law, A
WARRANT MAY BE ISSUED for your arrest and you may be brought before the Court
in custody.
Dated this day of 19 .
..............................................................................
.
Registrar
APPLICATION (Full name and office (if any) of applicant) APPLIES TO THE COURT
for
the respondent (full name) to be dealt with by the Court for
contempt of Court in that-
1. In the (name of Court) sitting at on the day of
19 :-
*(a) an order was made; or
*(b) an undertaking was given by the abovenamed respondent to the Court ; or
*(c) (as the case may be)
that: (set out the relevant parts of the order or undertaking or as the case
may be)
2. AND IT IS ALLEGED BY (full name of applicant) that at (set
out the place or places at which the act or omissions constituting the alleged
contempt took place)
(a) on the day of 19 , or
(b) between the day of 19 and the day of 19 ,
IN BREACH of the said (order, undertaking or as the case may be) the
respondent did-
(set out particulars of the alleged breach)
AND THAT by reason of such breach the respondent is in contempt of the Court.
DATED this day of 19 .
..............................................................................
.
Solicitor for the Applicant THIS APPLICATION was prepared/settled by (name of
Counsel or Solicitor or Applicant)
* Cross out whichever is not applicable.
--------
FORM 48
Order 34, rule 6
APPLICATION-REGON 70 (6)
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The Respondent,
(full name) (address)
TAKE NOTICE that the attached application that you be dealt with by the Court
for a contravention of section 70 of the Act
HAS BEEN SET DOWN FOR HEARING by the Court at on the day of 19 , at
o'clock. AND FURTHER TAKE NOTICE that if you do not appear personally before
the Court (with or without a legal representative) at the time and place set
out above to answer this application and to be further dealt with according to
law, A WARRANT MAY BE ISSUED for your arrest and you may be brought before the
Court in custody.
Dated this day of 19 .
..............................................................................
..
Registrar
APPLICATION (Full name and office (if any) of applicant) APPLIES TO THE COURT
that the respondent (full name) be dealt with by the Court for *contravention
of/*failure to comply with a provision of section 70 of the said Act in that-
*The (name of Court) sitting at on the day of 19 , ordered
that (full name) have *custody of/*access to the child/ren (full name or names
and date or dates of birth)
or
The (name of Court) sitting at on the day of 19 , ordered
that a warrant issue pursuant to section 64 of the Act to take possession of
the child/ren (full name or names and date or dates of birth), and the said
warrant was issued on the day of 19 , directed to (name and
designation of person or persons to whom warrant directed).
AND IT IS ALLEGED by (full name of applicant) that-
*(a) On the day of 19 , or
*(b) between the day of 19 , and the day of 19 ,
the respondent (full name) knowingly and without reasonable cause
*contravened/*failed to comply with a provision of section 70 of the Act,
namely (appropriate sub-section) by (set out the alleged contravention or
failure to comply)
Particulars (set out with dates and places where appropriate, the acts or
omissions of the respondent which are alleged to constitute the contravention
or failure to comply alleged above)
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicant THIS APPLICATION was prepared/settled by (name of
Counsel or Solicitor or Applicant)
*Cross out whichever is not applicable.
--------
FORM 49
Order 34, rule 6
APPLICATION-REGON 114 (4)
(Title) DATE OF FILING: APPLICANT'S ADDRESS FOR SERVICE: TO: The Respondent,
(full name) (address)
TAKE NOTICE that the attached application that you be dealt with for
*contravention of/*failure to comply with an order or injunction under section
114 of the Act HAS BEEN SET DOWN FOR HEARING by the Court at on the day
of
19 , at o'clock.
AND FURTHER TAKE NOTICE that if you do not appear personally before the Court
(with or without a legal representative) at the time and place set out above
to answer this application and to be further dealt with according to law, A
WARRANT MAY BE ISSUED for your arrest and you may be brought before the Court
in custody.
Dated this day of 19 .
..............................................................................
..
Registrar
APPLICATION (Full name and office (if any) of applicant) APPLIES TO THE COURT
that the respondent (full name) be dealt with by the Court for *contravention
of/*failure to comply with an order or injunction under section 114 of the Act
made or granted by the (name of Court) sitting at (name of place
) on the day of 19 , namely-
(set out the relevant parts of the order or injunction which the respondent
is alleged to have contravened or failed to comply with)
AND IT IS ALLEGED that the respondent (full name) at (set out the
place or places where the acts or omissions constituting the alleged
contravention or failure to comply occurred)
*(i) on the day of 19 , or
*(ii) between the day of 19 , and the day of 19 ,
knowingly and without reasonable cause *contravened/*failed to comply with the
said *order/*injunction in that-
(set out the alleged contravention or failure to comply)
Particulars (set out with dates and places where appropriate, the acts or
omissions of the respondent which are alleged to constitute the contravention
or failure to
comply)
Dated this day of 19 .
..............................................................................
..
Solicitor for the Applicant THIS APPLICATION was prepared/settled by (name of
Counsel or Solicitor or Applicant)
*Cross out whichever is not applicable.
--------
FORM 50
Order 35, rule 1
WARRANT TO TAKE POSSESSION OF CHILD
(Title)
To: The Marshal,
And to: All Officers of the Australian Federal Police,
All Officers of the Police Force of
WHEREAS by order of this Court made at (place of sitting) on the
day of 19 , a copy of which is attached, (full name) was
granted custody of or access to the following child/ren of the marriage (full
name(s) and date(s) of birth) YOU ARE HEREBY DIRECTED for the purpose of
giving effect to the said order, at any time, with such assistance as you
require, and if necessary by force, to stop and search (describe vehicle,
vessel or aircraft) and to enter and search the premises situate at and known
as or any other vehicle, vessel, aircraft, premises or place in which there is
at any time reasonable cause to believe that the said child/ren may be found,
and to take possession of the said child/ren and to deliver the child/ren to
(person entitled to custody or access) or to (full name) AND for so doing this
shall be your sufficient warrant.
Dated this day of 19 .
By the Court,
..............................................................................
..
Registrar Note: (a) It is understood that it will be at the discretion of the
police officer or other person charged with the execution of this warrant to
remove the said child/ren from the person having present possession if the
person to whom they are directed to deliver the said child/ren is not then and
there available to receive the said child/ren.
(b) This warrant ceases to have effect 12 months after the date of issue.
--------
FORM 51
Order 35, rule 1
WARRANT OF ARREST
(Title)
To: The Marshal,
And to: All Officers of the Australian Federal Police,
All Officers of the Police Force of
WHEREAS by order of the Court made at on the day of 19 , it
was ordered that a warrant issue for the arrest of (full name) of (address)
YOU ARE HEREBY DIRECTED to arrest (full name) and to bring that person before
the Court or any other court exercising jurisdiction under the Act on the
first day on which the Court shall sit next after the arrest of the said
(person) or as soon thereafter as practicable. AND for so doing this shall be
your sufficient warrant.
Dated this day of 19 .
By the Court, Registrar. Notes: 1. The Family Law Rules require you to serve
on the person to be arrested at the time of execution of the warrant a copy of
the order or subpoena (or as the case may be) attached hereto. 2. This warrant
ceases to have effect 12 months after the date of issue.
--------
FORM 52
Order 35, rule 1
WARRANT
REMAND
(Title)
TO: The Marshal
And to: All Officers of the Australian Federal Police,
All Officers of the Police Force of ,
The Keeper of .
WHEREAS (full name) of
appeared this day of 19 , before this court,
AND WHEREAS it appeared to the Court to be necessary to remand the said person
in custody. YOU the said ARE HEREBY DIRECTED to take the said person and
safely convey that person to the said gaol at in the State of and deliver that
person to the Keeper thereof, together with this warrant. AND YOU the said
Keeper of ARE HEREBY DIRECTED to receive the said person into your custody,
and to keep
that person until at which time YOU the said Keeper ARE HEREBY DIRECTED
to release the said person into the custody of AND YOU the said ARE HEREBY
DIRECTED then to bring that person before the Court. AND for so doing this
shall be your sufficient warrant.
Dated this day of 19 .
By the Court, Registrar.
--------
FORM 53
Order 35, rule 1
WARRANT OF COMMITMENT
(Title)
TO: The Marshal
And to: All Officers of the Australian Federal Police,
All Officers of the Police Force of ,
The Keeper of .
WHEREAS (full name) of
on the day of 19 , appeared before this Court.
AND WHEREAS the said person was ordered to be imprisoned YOU the said ARE
HEREBY DIRECTED to take the said person and safely convey that person to the
said gaol, and to deliver that person to the Keeper thereof, together with
this warrant. AND YOU the said Keeper of ARE HEREBY DIRECTED to receive the
said person into your custody and keep that person in accordance with the said
order, a copy of which is attached hereto. AND for so doing this shall be your
sufficient warrant.
Dated this day of 19 .
By the Court, Registrar.
--------
FORM 54
Order 37, rule 1
NOTICE BY SOLICITOR TO CLIENT OF CEASING TO ACT
(Title) TO: (Full name) (Address)
TAKE NOTICE that as I have ceased to represent you in these proceedings, I
intend, after the expiration of 7 days after the service of this notice on
you, to file in the Court a notice of my having ceased to represent you in
these proceedings.
UNDER THE FAMILY LAW RULES, you may give notice, in accordance with those
Rules, that you are represented by another solicitor, or that you intend to
act in person. However, if you do not give such a notice, you will be deemed
not to have an address for service for the purpose of these proceedings and
will not be entitled to have pleadings or other documents served on you.
Dated this day of 19 .
..............................................................................
..
Solicitor
--------
FORM 55
Order 37, rule 1
NOTICE TO COURT THAT SOLICITOR HAS CEASED TO REPRESENT PARTY
(Title) TO: The Registrar
TAKE NOTICE that I am no longer representing the in these
proceedings.
A NOTICE, a copy of which is annexed hereto and marked "A" was served on the
on the day of 19 , by (set out such particulars as
establish due service of the notice)
The last known address of the to me is
Dated this day of 19 .
..............................................................................
..
Solicitor
--------
FORM 56
Order 38, rule 20
NOTICE DISPUTING COSTS
(Title) To: (Name and address of Solicitor) APPLICANT'S ADDRESS FOR SERVICE:
TAKE NOTICE that I, (full name) of (address and
telephone number) dispute *the whole/*part of the account for
costs dated the day of 19 served on me on the day of
19
and filed herewith and require the costs to be taxed by the Registrar.
Dated this day of 19 .
..............................................................................
..
Signature Notes: 1. Under Order 38, rule 20 of the Family Law Rules you cannot
commence an action for the recovery of the costs until this notice has been
dealt with in accordance with these Rules. This procedure includes the
taxation of costs by the Registrar.
2. The Filing Registry will inform you whether the account which is the
subject of this notice is in a form capable of assessment by taxation, and
will advise any further requirements before the fixing of a date for
consideration of this notice.
* Cross out whichever is not applicable.
--------
FORM 57
Order 38, rule 20
ASSESSMENT OF COSTS
(Title) APPLICANT: RESPONDENT:
BEFORE THE REGISTRAR, THE DAY
OF 19 .
THIS TAXATION coming on for hearing before me this day IN PURSUANCE of Order
38, rule 20 of the Family Law Rules
(a) I SPECIFY $ as the proper amount to be paid by the to
.
(b) In this assessment I have allowed the amount of $ as the proper
amount
of costs to be paid by to in relation to costs
incurred in the taxation.
(c) I further find that on the taking of an account between the applicant
and
the solicitor a balance of $ is payable by the to the
.
Dated this day of 19 .
..............................................................................
.
Registrar Notes: 1. A party to the taxation may, not later than 14 days after
a copy of this assessment has been furnished to him file an objection in
accordance with Form 58 requesting the Registrar to arrange for the
proceedings for taxation to be set down for hearing by the Court.
2. Where no objection has been filed within the time specified, the Court may,
without further application or hearing, order the payment of costs in
accordance with this notice of assessment. Such an order creates a judgment
debt that is due and payable and recoverable in accordance with law.
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FORM 58
Order 38, rule 20
NOTICE OF OBJECTION TO ASSESSMENT OF COSTS
(Title) APPLICANT: RESPONDENT:
I, (full name, address and occupation) in accordance with Order 38, rule 20 of
the Family Law Rules, request that the Registrar arrange for the proceedings
for taxation between the parties to the taxation to be set down for hearing by
the Court.
Dated this day of 19 .
..............................................................................
.
Signature
This request HAS BEEN SET DOWN FOR HEARING by the Court at on the
day of 19 at o'clock.
..............................................................................
.
Registrar
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FORM 59
Order 40, rule 4
RECOGNIZANCE
(Title)
BE IT REMEMBERED that on the day of 19 , (full name)
of (address) (occupation) personally came
before me, the Registrar (or Deputy Registrar) of this Court at
and ACKNOWLEDGED himself to owe to the Commonwealth of Australia (or as the
case may be) the sum of $ to be made and levied on his/her several
goods and chattels, land and tenements to the use of the said Commonwealth if
he/she shall fail in the condition hereon endorsed.
..............................................................................
..
Signature of person bound
Taken and acknowledged the day and the year first abovementioned at before me,
..............................................................................
..
Registrar/Deputy Registrar
CONDITION
(set out particulars)
..............................................................................
..
Signature of person bound
..............................................................................
..
Registrar/Deputy Registrar
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FORM 60
Order 29, rule 1
OFFER OF SETTLEMENT
(Title) DATE OF FILING: To: The and the Solicitors for the
TAKE NOTICE that the makes the offer of settlement in these proceedings
set out below in respect of the whole/specified parts of the proceedings
------------------------------------------------------------------------------
--
Part of Proceedings Terms of offer
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Dated this day of 19 .
..............................................................................
..
Solicitor for the
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FORM 61
Order 29, rule 1
WITHDRAWAL OF OFFER OF SETTLEMENT
(Title) DATE OF FILING: To: The and the Solicitors for the
TAKE NOTICE that the HEREBY WITHDRAWS the offer of
settlement
made herein dated the day of 19 and filed the day
of
DATED this day of 19 .
..............................................................................
..
Solicitor for the
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