Commonwealth Numbered Regulations

1986 No. 193 FAMILY LAW RULES (AMENDMENT) - SCHEDULE

SCHEDULE
Rule 20
AMENDMENTS OF SCHEDULE 1 Form 4

   (a)  Omit "DATE OF FILING", substitute "DATE OF FILING: APPLICANT'S NAME:".

   (b)  Insert in paragraph 8 "; at the date of separation the husband and
        wife were living at (address)" after "application". After Form 23
Insert the following form:
FORM 23A
Order 18, rule 20
AFFIDAVIT OF SERVICE BY POST AND
PROOF OF SIGNATURE
(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
acknowledgement 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 acknowledgement of
service
received by me by (state how received)on the day of          19  .
4. The signature on that form of acknowledgement of service is the signature
of (full name). 5. 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)

*Cross out whichever is not applicable.
------------ Form 39 Insert in paragraph 4 "at (place of solemnization)" after
"solemnized". Form 48

   (a)  Omit "that you be dealt with", substitute "for you to be dealt with".

   (b)  Omit "that the respondent (full name) be dealt with", substitute "for
        the respondent (full name) to be dealt with". After Form 48
Insert the following form:
FORM 48A
Order 34, rule 9
APPLICATION TO DEAL WITH ALLEGED CONTRAVENTION OF
SUB-REGON 70 (3)
(Title) FULL NAME OF APPLICANT: APPLICANT'S ADDRESS FOR SERVICE: TO: The
Respondent (full name) of (address) TAKE NOTICE that the attached application
for you to be dealt with by the Court for a contravention of sub-section 70
(3) 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 at the time and place set out above to answer the 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. AND FURTHER TAKE
NOTICE that the Court may-

   (a)  if it is satisfied that you have knowingly and without reasonable
        cause contravened sub-section 70 (3) of the Act-

        (i)    order you to pay a fine not exceeding $1,000;

        (ii)   require you to enter into a recognizance, with or without
               sureties, in such reasonable amount as the court thinks fit,
               that you will comply with the order specified in the
               application, or order you to be imprisoned until you enter into
               such a recognizance or until the expiration of 3 months,
               whichever first occurs;

        (iii)  order you to deliver up to the Court your passport and such
               other documents as the Court thinks fit; and

        (iv)   make such other orders as the court considers necessary to
               enforce compliance with sub-section 70 (3);

   (b)  for the purpose of giving effect to the order specified in the
        application-issue a warrant pursuant to sub-section 64 (10) of the
        Act;

   (c)  at any stage of the proceedings order the parties to the proceedings
        to attend a conference with a court counsellor or welfare officer; and

   (d)  make such orders as to the costs of the proceedings as the Court
        thinks fit.
Dated the          day of          19  .
......................................
Registrar
APPLICATION The applicant (insert full name) APPLIES TO THE COURT for the
respondent (insert full name) to be dealt with by the Court for a
contravention of sub-section 70 (3) of the Act. The applicant ALLEGES that the
respondent knowingly and without reasonable cause contravened sub-section 70
(3) of the Act in that the respondent, without just cause or excuse, hindered
or prevented the applicant from obtaining access, or interfered with access by
the applicant, being access to (insert full name of each child) to whom the
applicant has a right of access in accordance with the
order made by the (insert name of court) sitting at          on the
day
of          19  .

Particulars of order (Set out particulars of that part of the order which it
is alleged the respondent has failed, or refused, to comply with)
Particulars of contravention of sub-section 70 (3) (Set out particulars,
including dates, of each act or omission by which the respondent is alleged to
have hindered or prevented, or interfered with, access to a child in
accordance with the order)
Dated the          day of          19  .
......................................
(Signature of applicant)
AFFIDAVIT I, (full name, address and occupation) make oath and say as follows-
1. I am the abovenamed applicant. 2. The particulars set out in the
application are true to the best of my knowledge information and belief. 3. It
is necessary for the welfare of the child that the application be heard
urgently.
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 APPLICATION was prepared/settled by (name of
counsel, solicitor or party filing)

* Cross out whichever is not applicable
------------ Form 49

   (a)  Omit "that you be dealt with", substitute "for you to be dealt with".

   (b)  Omit "that the respondent (full name) be dealt with", substitute "for
        the respondent (full name) to be dealt with". Form 50

   (a)  Omit "Note: (a)", substitute "Notes: 1.".

   (b)  Omit Note (b), substitute the following note:

"2. This warrant shall not be executed more than 12 months after the date of
issue unless the court otherwise orders.". Form 51
Omit Note 2, substitute the following note:

"2. This warrant shall not be executed more than 12 months after the date of
issue unless the court otherwise orders.". Forms 60 and 61
Omit the forms, substitute the following forms:
FORM 60
Order 29, rule 1
OFFER OF SETTLEMENT
(Title) DATE OF FILING: To: (Full name) and the Solicitors for
  TAKE NOTICE that        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
----------
FORM 61
Order 29, rule 1
WITHDRAWAL OF OFFER OF SETTLEMENT
(Title) DATE OF FILING: To: (Full name) and the Solicitors for
  TAKE NOTICE that        HEREBY WITHDRAWS the offer of settlement made
herein
dated the       day of       19   and filed the       day of       19  .

  DATED this       day of       19  .
..........................................
Solicitor for
----------
FORM 62
Order 29, rule 1
ACCEPTANCE OF OFFER OF SETTLEMENT
(Title) DATE OF FILING: To: (Full name) and the Solicitors for
  TAKE NOTICE that     HEREBY ACCEPTS the offer of settlement dated the
day
of      19   and filed the      day of      19  .

  DATED this       day of       19  .
..........................................
Solicitor for