Commonwealth Numbered Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
1988 No. 15 FAMILY LAW RULES (AMENDMENT) - SCHEDULE
SCHEDULE
FORMS TO BE INSERTED IN SCHEDULE 1 TO THE FAMILY LAW RULES
FORM 1
Order 7, rule 3
TITLE OF PROCEEDINGS
Family Law Act 1975 IN THE FAMILY COURT OF AUSTRALIA
AT
No. of 19
.
or AS THE CASE MAY BE (Insert name of other court, if applicable, and number
of proceeding) IN THE MARRIAGE OF
(State the husband's: surname ()
given names ()
street number and name ()
*suburb/ *town ()
*State/ *Territory ()
postcode) ()
Husband AND
(State the wife's: surname ()
given names ()
street number and name ()
*suburb/ *town ()
*State/ *Territory ()
postcode) ()
Wife AND
(State any *intervener's/ *other party's: surname ()
given names ()
street number and name ()
*suburb/ *town ()
*State/ *Territory ()
postcode) ()
*Intervener/
*other party
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
FORM 1A
Order 7, subrule (2A)
SHORT TITLE OF PROCEEDINGS
Family Law Act 1975 IN THE FAMILY COURT OF AUSTRALIA
AT
No. of 19
.
or AS THE CASE MAY BE (Insert name of other court, if applicable, and number
of proceeding) IN THE MARRIAGE OF
(State the husband's: surname ()
given names) () AND
(State the wife's: surname ()
given names) () AND
(State any *intervener's/ *other party's: surname ()
given names) () * Cross out if not applicable. NOTE: Set out the required
information within the square brackets, commencing as near as practicable to
the left hand bracket.
FORM 1B
Order 2, rule 2
COVER SHEET (Short title) (Describe document and state nature
of proceedings) ()
() If affidavit: Deponent: (State full name) Sworn:
(date of swearing) ()
( . .19 )
Filed *by/ *on behalf of *husband
*wife
*other person
*Return day/*next hearing day ( . .19 )
Address for service
()
()
()
postcode
( )
telephone number
( )
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
FORM 2
Order 7, rule 6
APPLICATION FOR DECREE OF NULLITY
(Title)
DATE OF FILING: ( . .19 )
DATE OF CEREMONY OF MARRIAGE: ( . .19 )
THIS APPLICATION IS MADE BY: *husband
*wife
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the *husband/*wife:
The attached application for a decree of nullity of the abovementioned
marriage HAS BEEN SET DOWN FOR HEARING by the Court at
on 19 , at *a.m./*p.m.
You should read the accompanying pamphlet carefully. It sets out the legal and
possible social effects of these proceedings and the counselling and welfare
facilities available.
If you wish:
(a) to deny any fact alleged in the application or to allege any
additional fact for the consideration of the Court;
(b) to submit to the Court that it should dismiss the application; or
(c) to make any other submissions to the Court; you should file an answer
in the form prescribed by the Family Law Rules (Form 13) not later
than:
(d) if this document is served on you in Australia-28 days after the day
of service; or
(e) if this document is served on you outside Australia-42 days after the
day of service. Your answer must be filed and served in accordance
with those Rules.
If you do not appear at the hearing, the Court may proceed with the
application in your absence.
If you propose to make any application to the Court as to property or as to
your own maintenance, you must do so not later than 12 months after 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 19 .
....................
Registrar
*Cross out if not applicable.
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 marriage
Date of marriage
(day, month in words
and year) (19 )
Place of marriage
(town or city) ()
(State, Territory or country) ()
The marriage was a *religious ceremony
*civil ceremony
2. The husband
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
Present occupation ()
()
3. The wife
Date of birth ( . 19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
Present occupation ()
()
4. The *husband/*wife is:
*(a) an Australian citizen
*(b) ordinarily resident in Australia
*(c) this day present in Australia
5. The facts and circumstances of the *citizenship/*residence/*presence in
Australia of the *husband/*wife are:
6. The marriage is void because: (state ground).
7. The facts relied upon by the applicant are as follows:
(1)
(2)
*8. 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
*8. There are no orders that are still operative made in proceedings between
the applicant and the respondent.
*9. The following are particulars of proceedings pending between the applicant
and the respondent: (Set out brief particulars of any pending proceedings and
specify the court)
or
*9. There are no proceedings pending between the applicant and the respondent.
Dated 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AFFIDAVIT I, (full name, address and occupation)
*make oath and say/*affirm: 1. I am the applicant 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/ *AFFIRMED by the applicant
)
at)
)
on 19 .
.........................
(Signature of applicant) Before me:
..............................................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*Cross out if not applicable.
DECLARATION BY SOLICITOR I, (full name) state: 1. I am the solicitor for the
applicant. 2. In compliance with rule 3 of Order 25 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: ( . .19 )
DATE OF CEREMONY OF MARRIAGE: ( . .19 )
HUSBAND'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
WIFE'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the husband and wife:
The attached joint application for a decree of nullity of the abovementioned
marriage HAS BEEN SET DOWN FOR HEARING by the Court at
on 19 , at *a.m./*p.m.
You should both read the accompanying pamphlet carefully. It sets out the
legal and possible social effects of these proceedings and the counselling and
welfare facilities available.
If you propose to make any application to the Court as to property or as to
your own maintenance, you must do so not later than 12 months after 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 19 .
.........................
Registrar
APPLICATION
The husband and wife apply for a decree of nullity of the abovementioned
marriage on the ground that the marriage is void.
1. The marriage
Date of marriage
(day, month in words
and year) (19 )
Place of marriage
(town or city) ()
(State, Territory or country) ()
The marriage was a * religious ceremony
* civil ceremony
2. The husband
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
Present occupation ()
()
3. The wife
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
Present occupation ()
()
4. The *husband/*wife is:
*(a) an Australian citizen
*(b) ordinarily resident in Australia
*(c) this day present in Australia
5. The facts and circumstances of the *citizenship/*residence/*presence in
Australia of the *husband/*wife are:
6. The marriage is void because: (state ground).
7. The facts relied upon by the applicants are as follows:
(1)
(2)
*8. 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
*8. There are no orders that are still operative made in proceedings between
the applicants.
*9. The following are particulars of proceedings pending between the
applicants: (Set out brief particulars of any pending proceedings and specify
the court)
or
*9. There are no proceedings pending between the applicants.
Dated 19 .
.........................
(Signature of solicitor/
each applicant) This application was *prepared/*settled by (name of counsel,
solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AFFIDAVIT We, (full name, address and occupation of each applicant)
*make oath and say/*and/*affirm/*respectively: 1. I am one of the applicants
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/*AFFIRMED by the husband
)
at)
)
on 19 .)
Before me: .........................
(Signature of husband)
..............................................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*SWORN/*AFFIRMED by the wife
)
at)
)
on 19 .)
Before me: .........................
(Signature of wife)
..............................................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*Cross out if not applicable. NOTE: The parties may swear at different times
and before different persons.
DECLARATION BY SOLICITOR I, (full name) state: 1. I am the solicitor for the
applicants. 2. In compliance with rule 3 of Order 25 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)
DATE OF FILING: ( . .19 )
DATE OF MARRIAGE: ( . .19 )
THIS APPLICATION IS MADE BY: *husband
*wife
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode( )
To the *husband/*wife:
The attached application for a decree of dissolution of the abovementioned
marriage HAS BEEN SET DOWN FOR HEARING by the Court at
on 19 , at *a.m./*p.m.
You should read the accompanying pamphlet carefully. It sets out the legal and
possible social effects of these proceedings and the counselling and welfare
facilities available.
If you wish:
(a) to deny any fact alleged in the application or to allege any
additional fact for the consideration of the Court;
(b) to submit to the Court that it should dismiss the application; or
(c) to make any other submission to the Court; you should file an answer
in the form prescribed by the Family Law Rules (Form 13) not later
than:
(d) if this document is served on you in Australia-28 days after the day
of service; or
(e) if this document is served on you outside Australia-42 days after the
day of service. Your answer must be filed and served in accordance
with those Rules.
If you do not appear at the hearing, the Court may proceed with the
application in your absence.
If you propose to make any application to the Court as to property or as to
your own maintenance, you must do so not later than 12 months after 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 19 .
.........................
Registrar This application *IS/*IS NOT filed within the period of 2 years
after the date of the marriage.
*Cross out if not applicable.
APPLICATION
(full name of applicant) applies for a decree of dissolution of the
abovementioned marriage on the ground that the marriage has broken down
irretrievably.
1. The marriage:
Date of marriage
(day, month in
words and year) ( 19 )
Place of marriage
(town or city) ()
(State, Territory or country) ()
The marriage was a *religious ceremony
*civil ceremony
2. The husband:
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
If born overseas, date first entered
Australia ( . .19 )
Present occupation ()
()
Occupation at date of separation
specified in paragraph 6 ()
()
At the time of the marriage the
husband was *not previously married
*a widower
*a divorced person
Number of previous marriages of the
husband ( ) marriages
3. The wife:
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
If born overseas, date first entered
Australia ( . .19 )
Present occupation ()
()
Occupation at date of separation
specified in paragraph 6 ()
()
At the time of the marriage the wife
was *not previously married
*a widow
*a divorced person
Number of previous marriages of the
wife ( ) marriages
Jurisdiction
4. 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.
5. The facts and circumstances of the *domicile/*citizenship/*residence of the
*husband/*wife are:
Separation
6. Date of separation ( . .19 )
The husband and wife separated on the above date 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 filing of this application.
7. The circumstances in which the husband and wife separated (as stated in
paragraph 6) are as follows:
(State concisely the relevant facts to enable the Court to determine whether
separation in fact occurred on the date stated)
8. The last place of joint residence of the husband and wife before the date
specified in paragraph 6 was:
()
()
()
postcode ( )
*9. After the date of separation specified in paragraph 6, the husband and
wife resumed cohabitation on 19 , and separated again
on 19 , and have since lived separately and
apart.
*10. Since the commencement of the separation referred to in paragraph 6, the
husband and wife have 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) 11. There is
no reasonable likelihood of cohabitation between the parties being resumed.
Children 12. The number of children over the age of 18 years (including
adopted children) who are children of the husband and wife is:
(state the number)( )
*13. 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
*13. The number of 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 is: (state the number)( )
14. Personal particulars of each child to whom paragraph 13 applies are as
follows:
full name date of birth
( . . 19 ) 15. Residential particulars in relation to each child to whom
paragraph 13 applies are as follows:
(a) the *child/*children reside*s at:
()
()
()
postcode ( )
(b) particulars relating to each other person who resides at that
residence are as follows:
Surname ()
Given names ()
Age in years ()
Sex ()
Relationship (if any) to *child/
*children ()
(If children to whom paragraph 13 applies reside at different residences, or
any child to whom that paragraph applies resides at more than one residence,
give or attach particulars in the format set out above in relation to each
residence. An attachment must be signed by or on behalf of the applicant.)
Arrangements for the children
*16. (a) The following are the present arrangements for the welfare of the
children named in paragraph 14:
(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
*17. 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
*17. 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
*18. 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 specify the court)
or
*18. There are no pending family law or child welfare proceedings concerning
the husband and wife or the children.
Dated 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AFFIDAVIT I, (full name, address and occupation)
*make oath and say/*affirm: 1. I am the applicant 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/*AFFIRMED by the applicant
)
at)
)
on 19 .)
Before me: .........................
(Signature of applicant)
..............................................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*Cross out if not applicable.
DECLARATION BY SOLICITOR I, (full name) state: 1. I am the solicitor for the
applicant. 2. In compliance with rule 3 of Order 25 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)
DATE OF FILING: ( . .19 )
DATE OF MARRIAGE: ( . .19 )
HUSBAND'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
WIFE'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the husband and wife:
The attached joint application for a decree of dissolution of the
abovementioned marriage HAS BEEN SET DOWN FOR HEARING by the Court at
on 19 , at *a.m./*p.m.
You should read the accompanying pamphlet carefully. It sets out the legal and
possible social effects of these proceedings and the counselling and welfare
facilities available.
If you propose to make any application to the Court as to property or as to
your own maintenance, you must do so not later than 12 months after 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 19 .
.........................
Registrar This application *IS/*IS NOT filed within the period of 2 years
after the date of the marriage.
*Cross out if not applicable.
APPLICATION
The husband and wife jointly apply for a decree of dissolution of the
abovementioned marriage on the ground that the marriage has broken down
irretrievably.
1. The marriage:
Date of marriage
(day, month in words
and year) (19 )
Place of marriage
(town or city) ()
(State, Territory or country) ()
The marriage was a *religious ceremony
*civil ceremony
2. The husband:
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
If born overseas, date first entered
Australia ( . .19 )
Present occupation ()
()
Occupation at date of separation
specified in paragraph 6 ()
()
At the time of the marriage the
husband was *not previously married
*a widower
*a divorced person
Number of previous marriages of the
husband ( ) marriages
3. The wife:
Date of birth ( . .19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
If born overseas, date first entered
Australia ( . .19 )
Present occupation ()
()
Occupation at date of separation
specified in paragraph 6 ()
()
At the time of the marriage the wife
was *not previously married
*a widow
*a divorced person
Number of previous marriages of the
wife ( ) marriages
Jurisdiction
4. 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.
5. The facts and circumstances of the *domicile/*citizenship/*residence of the
*husband/*wife are:
Separation
6. Date of separation ( . .19 )
The husband and wife separated on the above date 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.
7. The circumstances in which the husband and wife separated (as stated in
paragraph 6) are as follows:
(State concisely the relevant facts to enable the Court to determine whether
separation in fact occurred on the date stated)
8. The last place of joint residence of the husband and wife before the date
specified in paragraph 6 was:
()
()
()
postcode ( )
*9. After the date of separation specified in paragraph 6, the husband and
wife resumed cohabitation on19 , and separated again
on19 , and have since lived separately and
apart.
*10. Since the commencement of the separation referred to in paragraph 6, the
husband and wife have 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) 11. There is
no reasonable likelihood of cohabitation between the parties being resumed.
Children 12. The number of children over the age of 18 years (including
adopted children) who are children of the husband and wife is:
(state the number)( )
*13. 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
*13. The number of 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 is: (state the number)( )
14. Personal particulars of each child to whom paragraph 13 applies are as
follows:
full name date of birth
( . . 19 ) 15. Residential particulars in relation to each child to whom
paragraph 13 applies are as follows:
(a) the *child/*children reside*s at:
()
()
()
()
postcode ( )
(b) particulars relating to each other person who resides at that
residence are as follows:
Surname ()
Given names ()
Age in years ()
Sex ()
Relationship (if any) to
*child/*children ()
(If children to whom paragraph 13 applies reside at different residences, or
any child to whom that paragraph applies resides at more than one residence,
give or attach particulars in the format set out above in relation to each
residence. An attachment must be signed by or on behalf of each applicant.)
Arrangements for the children
*16. (a) The following are the present arrangements for the welfare of the
children named in paragraph 14: (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
*17. 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
*17. 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
*18. 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
*18. There are no pending family law or child welfare proceedings concerning
the husband and wife or the children.
Dated 19 .
%%
(Signature of
solicitor/each applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AFFIDAVIT We, (full name, address and occupation of each applicant)
*make oath and say/*and/*affirm/*respectively: 1. I am one of the applicants
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/*AFFIRMED by the husband
)
at)
)
on 19 .)
.........................
(Signature of husband) Before me:
..............................................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*SWORN/*AFFIRMED by the wife
)
at)
)
on 19 .)
.........................
(Signature of wife) Before me:
..............................................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*Cross out if not applicable. NOTE: The parties may swear at different times
and before different persons.
DECLARATION BY SOLICITOR I, (full name) state: 1. I am the solicitor for the
applicants. 2. In compliance with rule 3 of Order 25 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: ( . . 19 )
DATE OF MARRIAGE: ( . . 19 )
THIS APPLICATION IS MADE BY: *wife
*husband
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent: (full name)
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 19 , at *a.m./*p.m.
You should read the accompanying pamphlet carefully. It sets out the legal and
possible social effects of these proceedings and the counselling and welfare
facilities available.
If you wish:
(a) to deny any fact alleged in the application or to allege any
additional fact for the consideration of the Court;
(b) to submit to the Court that it should dismiss the application; or
(c) make any other submission to the Court; you should file an answer in
the form prescribed by the Family Law Rules (Form 13) not later than:
(d) if this document is served on you in Australia-28 days after the day
of service; or
(e) if this document is served on you outside Australia-42 days after the
day of service. Your answer must be filed and served in accordance
with those Rules.
If you do not appear at the hearing, the Court may proceed with the
application in your absence.
Dated 19 .
.........................
Registrar
*Cross out if not applicable.
APPLICATION
(full name of applicant) applies for a declaration that (set out declaration
sought).
1. The marriage
Date of marriage or ceremony of
marriage ( . . 19 )
Place of marriage or ceremony of marriage
(town or city) ()
(State, Territory or country) ()
2. The applicant
Surname
Given names ()
()
Date of birth ( . . 19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
Immediately before the marriage (or
purported marriage) the applicant was *not previously married
*a widow/widower
*a divorced person
Present occupation ()
()
3. The respondent
Surname
Given names ()
()
Date of birth ( . . 19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
Immediately before the marriage (or
purported marriage) the respondent was *not previously married
*a widow/widower
*a divorced person
Present occupation ()
()
*4. The marriage was *dissolved/*annulled by (name of court) at
on 19 .
5. The *applicant/*respondent is:
*(a) an Australian citizen
*(b) ordinarily resident in Australia
*(c) this day present in Australia
6. The facts and circumstances of the
*applicant's/*respondent's/*citizenship/*residence/*presence in Australia are:
7. The facts relied on by the applicant are as follows:
(1)
(2)
*8. 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
*8. There are no orders that are still operative made in proceedings between
the applicant and the respondent.
*9. 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
*9. There are no proceedings relating to the marriage (or purported marriage)
that are pending between the applicant and the respondent.
Dated 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AFFIDAVIT I, (full name, address and occupation)
*make oath and say/*affirm: 1. I am the applicant 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/*AFFIRMED by the applicant
)
at)
)
on 19 .)
........................
(Signature of applicant) Before me:
...................................................
(Signature and title of person before whom the
affidavit is sworn or affirmed)
*Cross out if not applicable.
DECLARATION BY SOLICITOR I, (full name) state: 1. I am the solicitor for the
applicant. 2. In compliance with rule 3 of Order 25 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 7
Order 7, rule 9
APPLICATION INITIATING PROCEEDINGS
(Title)
DATE OF FILING: ( . . 19 )
DATE OF MARRIAGE: ( . . 19 )
THIS APPLICATION IS MADE BY: *husband
*wife
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent:
(full name) The attached application HAS BEEN SET DOWN FOR HEARING by the
Court aton
19 , at *a.m./*p.m.
. 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. . 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. . If you do not appear at the
hearing, the Court may proceed to make the orders sought, or similar orders,
in your absence.
Dated 19 .
....................
Registrar
APPLICATION (full name of applicant)
(If applicant is not the husband or wife,
set out applicant's address) ()
()
()
()
postcode ( )
whose occupation is (),
applies for the following orders:
(If insufficient space, attach statement
of orders sought)
(1)
(2) 1. Place of marriage:
(town or city) ()
(State, Territory or country) ()
2. The husband:
Date of birth ( . . 19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
If born overseas, date first entered
Australia ( . . 19 )
3. The wife:
Date of birth ( . . 19 )
Place of birth
(town or city) ()
(State, Territory or country) ()
If born overseas, date first entered
Australia ( . . 19 )
*4. The husband and wife last resided in the same residence on 19
.
or
*4. The husband and wife still reside in the same residence. Previous orders
*5. The following are particulars of orders that are still operative 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
*5. 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
*6. 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 specify the court)
or
*6. There are no pending family law or child welfare proceedings concerning
the husband and wife or the children.
Dated 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
DECLARATION BY SOLICITOR I, (full name) state: 1. I am the solicitor for the
applicant. 2. In compliance with rule 3 of Order 25 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 8
Order 7, rule 9
APPLICATION
(PROCEEDINGS PENDING)
(Short title)
DATE OF FILING: ( . .19 )
THIS APPLICATION IS MADE BY: *husband
*wife
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent:
(full name)
*The attached application HAS BEEN SET DOWN FOR HEARING by the Court at
on 19 ,at *a.m./*p.m.
or
*The attached application, subject to any order made by the Court, will be
heard at the same time as the application of the filed on 19 .
. 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. . If you wish to defend this application and 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. . If you do not appear at the
hearing, the Court may proceed to make the order sought, or similar orders, in
your absence.
Dated 19 .
.........................
Registrar
APPLICATION
(full name of applicant) ()
(If applicant is not the husband or wife,
set out applicant's address) ()
()
()
postcode ( )
whose occupation is: (),
applies for the following orders:
(If insufficient space, attach statement of
orders sought)
(1)
(2)
Dated 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
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 19 , at *
a.m./*p.m. You must bring with you to the Court any documents 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. If you fail to appear to answer
this application an order may be made in your absence.
Dated 19 .
.........................
Court officer
APPLICATION
(full name of applicant) whose occupation is , applies for the
following orders:
(1)
(2)
1. The husband and wife were married at on 19 .
*2. There is no present order for maintenance.
or
*2. There is a current maintenance order made by the (name of court) at on 19
, and it is as follows:
(Set out relevant part or parts of order)
3. The gross current weekly income of the applicant is $ from the
following sources:
(include name and address of employer). 4. 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).
5. The fixed weekly expenses of the applicant are: (Set out mortgage, rental,
hire purchase, bankcard and any similar fixed expenses)
Dated 19 .
.........................
Solicitor for the applicant
*Cross out if not applicable.
------------
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/ *We (Set out, in the format shown below, the following particulars of each
person giving notice)
Surname
Given names ()
()
Address ()
()
()
postcode ( )
Telephone number ( )
Occupation ()
give notice that *I/ *we/*seek/*intend to seek/the assistance of the
counselling facilities of the *Family Court of Australia/ *Family Court of
(name of State). Please invite (Set out, in the format shown below, the
following particulars of each person to be invited)
Surname ()
Given names ()
Address ()
()
()
postcode ( )
Telephone number ( )
Occupation ()
to attend for counselling.
Dated 19 .
.........................
(Signature(s))
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
FORM 42
Order 32, rule 2
NOTICE OF APPEAL TO FULL COURT
Family Law Act 1975 IN THE FAMILY COURT OF AUSTRALIA
BETWEEN Appeal No. of
19
From No. (filing registry number)
Appellant (husband, wife
or other person)
AND
Respondent (husband, wife
or other person) DATE OF FILING: APPELLANT'S ADDRESS FOR SERVICE: DATE*S OF
HEARING: DATE OF DECREE OF JUDGMENT: REGISTRY OR PLACE WHERE DECREE MADE: To
the respondent: (full name)
*The appellant appeals from the whole of the decree.
*The appellant appeals from the following *part/*parts of the decree: (Set out
the parts of the decree appealed from)
GROUNDS OF APPEAL (Set out briefly but specifically each of the grounds relied
on in support of the appeal)
ORDERS SOUGHT In place of the decree appealed from the appellant seeks the
following decree: (Set out decree 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 19 .
.........................
Solicitor for the appellant
*Cross out if not applicable.
FORM 43
Order 32, rule 22
NOTICE OF APPEAL FROM COURT OF SUMMARY JURISDICTION
(Short title) ON APPEAL FROM THE COURT OF SUMMARY JURISDICTION AT
DATE OF FILING: ( . .19 )
DATE OF MARRIAGE: ( . .19 )
THIS APPEAL IS INSTITUTED BY: *husband
*wife
*other person
APPELLANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent: (full name)
The appellant appeals against the decree of the abovenamed court of summary
jurisdiction made on 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 19 .
.........................
Solicitor for the appellant
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
NOTICE OF HEARING
This appeal HAS BEEN SET DOWN FOR HEARING in the Family Court of
(or as the case may be) aton 19 ,
at *a.m./*p.m.
.........................
Registrar
FORM 47
Order 34, rule 2
APPLICATION-CONTEMPT
(Title)
DATE OF FILING: ( . .19 )
DATE OF MARRIAGE: ( . .19 )
THIS APPLICATION IS MADE BY: *husband
*wife
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent: (full name)
TAKE NOTICE that the attached application for you to be dealt with by the
Court for contempt of court HAS BEEN SET DOWN FOR HEARING by the Court at
on19 , at *a.m./*p.m.
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 19 .
....................
Registrar
APPLICATION
(full name of applicant) ()
(If applicant is not the husband or wife,
set out the applicant's address) ()
()
()
postcode ( )
whose occupation or office (if any) is (),
applies 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 aton 19
*(a) an order was made to the Court;
*(b) an undertaking was given to the Court by the respondent;
*(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 19 ,
*(b) between19 and19 ,
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 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
FORM 48
Order 34, subrule 6 (3)
APPLICATION-REGON 70
(Title)
DATE OF FILING: ( . .19 )
DATE OF MARRIAGE: ( . .19 )
THIS APPLICATION IS MADE BY: *husband
*wife
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent: (full name)
TAKE NOTICE that the attached application for you to be dealt with by the
Court for a *contravention/ *failure to comply with a provision of section 70
of the Act HAS BEEN SET DOWN FOR HEARING by the Court at
on 19 , at *a.m./*p.m.
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 19 .
.........................
Registrar
*Cross out if not applicable.
APPLICATION
(full name of applicant) ()
(If applicant is not the husband or wife,
set out the applicant's address) ()
()
()
postcode ( )
whose occupation or office (if any) is ()
applies for the respondent (full name) to be dealt with by the Court for a
*contravention of/*failure to comply with a provision of section 70 of the
said Act in that the (name of court) sitting at
on 19 , ordered that (full name) have *custody of/*access
to/the *child/*children: (full name or names and date or dates of birth)
or
The (name of court) sitting at on 19 , ordered that a
warrant be issued pursuant to section 64 of the Act to take possession of the
*child/*children:
(full name or names and date or dates of birth),
and the said warrant was issued on 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 19 ;
*(b) between19 , and 19 ;
the respondent (full name) knowingly and without reasonable cause
*contravened/*failed to comply with a provision of section 70 of the Act
(specify the relevant subsection), namely by (set out the alleged
contravention or failure to comply) (Set out with dates and places where
appropriate, the acts or omissions of the respondent alleged to constitute the
contravention or failure to comply)
Dated 19 .
............................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable.
FORM 48A
Order 34, rule 9
APPLICATION-SUBREGON 70 (3)
(Title)
DATE OF FILING: ( . .19 )
DATE OF MARRIAGE: ( . .19 )
THIS APPLICATION IS MADE BY: *husband
*wife
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent: (full name)
TAKE NOTICE that the attached application for you to be dealt with by the
Court for a contravention of subsection 70 (3) of the Act HAS BEEN SET DOWN
FOR HEARING by the Court at
on 19 , at *a.m./*p.m.
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 19 .
.........................
Registrar
*Cross out if not applicable.
APPLICATION
(full name of applicant) ()
(If applicant is not the husband or wife,
set out the applicant's address) ()
()
()
postcode ( )
whose occupation or office (if any) is ()
applies for the respondent (full name) to be dealt with by the Court for a
contravention of subsection 70 (3) of the Act.
The applicant alleges that the respondent knowingly and without reasonable
cause contravened subsection 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 to (full name of each
child) to whom the applicant has a right of access in accordance with the
order made by the (name of court) sitting at
on 19 .
Particulars of order (Set out particulars of that part of the order which it
is alleged the respondent has contravened)
Particulars of contravention of subsection 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 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AFFIDAVIT I, (full name, address and occupation) *make oath and say/*affirm 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/*AFFIRMED by the deponent at)
on 19 .)
) .........................
(Signature of deponent) Before me:
..............................................................................
(Signature and title of person before
whom affidavit is sworn or affirmed)
*Cross out if not applicable.
FORM 49
Order 34, rule 6
APPLICATION-SUBREGON 114 (4)
(Title)
DATE OF FILING: ( . . 19 )
DATE OF MARRIAGE: ( . . 19 )
THIS APPLICATION IS MADE BY: *husband
*wife
*other person
APPLICANT'S ADDRESS FOR SERVICE: ()
()
()
postcode ( )
To the respondent: (full name)
TAKE NOTICE that the attached application for you to be dealt with for a
*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 19 , at *a.m./*p.m.
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 19 .
.........................
Registrar
*Cross out if not applicable.
APPLICATION
(full name of applicant) ()
(If applicant is not the husband or wife,
set out the applicant's address) ()
()
()
postcode ( )
whose occupation or office (if any) is (),
applies for the respondent (full name) to be dealt with by the Court for a
*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 on19 ,
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 19 ,
*(ii) between19 , and19 , 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 19 .
.........................
(Signature of
solicitor/applicant) This application was *prepared/*settled by (name of
counsel, solicitor or applicant).
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
FORM 57
Order 38, rule 38
NOTICE DISPUTING COSTS
(Short title) To:
(Set out name and address ()
of solicitor) ()
()
postcode ( )
ADDRESS FOR SERVICE OF PERSON GIVING NOTICE
()
()
()
postcode ( )
TAKE NOTICE that I, (full name) dispute *the whole/*the following parts of the
account for costs dated19 , as set out below:
(Set out here the parts of the account that are disputed)
served on me on 19 and filed with this notice and
require the account to be taxed.
Dated 19 .
.........................
(Signature)
*Cross out if not applicable. NOTE: Set out the required information within
the square brackets, commencing as near as practicable to the left hand
bracket.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback