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1988 No. 46 FAMILY LAW RULES (AMENDMENT) - RULE 18

Schedule 1
18. Schedule 1 to the Family Law Rules is amended:

   (a)  by inserting after Form 1B the following forms:

"FORM 1C
Order 7, subrule 3 (2B)
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) BETWEEN
                         (State applicant's: surname(                  )

                                         given names(                  )

                              street number and*name(                  )

                                       *suburb/*town(                  )

                                   *State/*Territory(                  )

                                           postcode)(                  )

Applicant AND
                        (State respondent's: surname(                  )

                                         given names(                  )

                              street number and name(                  )

                                       *suburb/*town(                  )

                                   *State/*Territory(                  )

                                           postcode)(                  )

Respondent 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 1D
Order 7, subrule 3 (2C)
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) BETWEEN
                     (State the applicant's: surname(                 )

                                        given names)(                 )
AND
                    (State the respondent'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.";
-------------

   (b)  by omitting from Form 4 all the figures and words from and including
        "*13. There is" to and including "marriage is: (state the number)" and
        substituting:

"*13. There is no child under the age of 18 years who is a child of the
marriage or who is, by virtue of subsection 55A (3) of the Act, a child of the
marriage for the purposes of section 55A of the Act.
or

*13. The number of children under the age of 18 years who are children of the
marriage or who are, by virtue of subsection 55A (3) of the Act, children of
the marriage for the purposes of section 55A of the Act is: (state the
number)";

   (c)  by omitting from Form 5 all the figures and words from and including
        "*13. There is" to and including "marriage is: (state the number)" and
        substituting:

"*13. There is no child under the age of 18 years who is a child of the
marriage or who is, by virtue of subsection 55A (3) of the Act, a child of the
marriage for the purposes of section 55A of the Act.
or

*13. The number of children under the age of 18 years who are children of the
marriage or who are, by virtue of subsection 55A (3) of the Act, children of
the marriage for the purposes of section 55A of the Act is: (state the
number)";

   (d)  by omitting from Form 7 all the words after "Registrar" and
        substituting:

"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 applicant *husband/*wife:
   Date of birth                          (  .  . 19)

Place of birth
    (town or city)                        (
)
    (State, Territory or country)         (
) If born overseas, date first entered
Australia                                 (  .  . 19)
3. The respondent *husband/*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.
or

*4. The dates of the periods of cohabitation (if any) between the parents of
the *child/*children were:
or

*4. The parents of the *child/*children are still cohabiting. Previous orders

*5. The following are particulars of orders that are still operative in family
law or child welfare proceedings concerning the husband, wife, parents of the
*child/*children, any party to the proceedings or the *child/*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, wife, parents of the

*child/*children, any party to the proceedings or the *child/*children.
Pending proceedings

*6. The following are particulars of pending family law or child welfare
proceedings concerning the husband, wife, parents of the *child/*children, any
party to the proceedings or the *child/*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, wife, parents of the *child/*children, any party to the
proceedings or the *child/*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)";
-----------------

   (e)  by omitting from Form 12 paragraph 1 in the form of application and
        substituting the following paragraph:

"*1. The husband and wife were married at
on             19  .

or

*1. The respondent is the (state relationship) of the *child/*children named
in this application.";

   (f)  by omitting from Form 12 "*Cross out" and substituting "*Omit";

   (g)  by omitting Form 17 and substituting the following form:

"FORM 17
Order 17, rule 2
STATEMENT OF FINANCIAL CIRCUMSTANCES
(Short 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 *applicant/*respondent (or as the case may be) in this
application.
2. The facts and figures set out in the following statement (herein called 'my
statement') and the annexures (if any) signed by me which are within my
personal knowledge are true.
3. All other facts and figures in my statement and the annexures 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/*AFFIRMED, by the deponent at
on                       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 DEPONENT (applicant husband, wife or as the case may be)
                                                     A           B

For last
year ended
                                                     30th June   Current

weekly
  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 DEPONENT
Occupation of deponent ......................................................
Employer of deponent ........................................................
Benefits received from employer (car, telephone, expense account, etc.)
................................................. .......... .............
................................................. .......... .............
................................................. .......... .............
......................................
(Signature)
3. INCOME OF OTHER PARTY (respondent husband, wife or as the case may be)
                                                     A           B

For last
year ended
                                                     30th June   Current

weekly
  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 OTHER PARTY
Occupation of other party ...................................................
Employer of other party .....................................................
A
For last
year ended
                                                     30th June   B

Current
weekly
Benefits received from employer (car, telephone, expense account, etc.)
................................................. .......... .............
................................................. .......... .............
................................................. .......... .............
......................................
(Signature)
5. EXPENSES OF DEPONENT
                                                     A           B

For last
year ended
                                                     30th June   Current

weekly
  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                                   ..........
.............
  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                               ..........
.............
  Car expenses: 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 OTHER PARTY
                                                     A           B

For last
year ended
                                                     30th June   Current

weekly
  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                                   ..........
.............
  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                               ..........
.............
  Car expenses: 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)
............................................................. ...........
............................................................. ...........
-------------
TOTAL
$ -------------
8. PROPERTY
                                                     A           B

                                                     Deponent    Other party

Real estate (specify, giving estimated market value)
................................................. .......... .............
................................................. .......... .............
Total credit in savings account(s) in
   (a)  bank(s)                                       ..........
.............
   (b)  building society/societies, etc.              ..........
.............
  Cheque account balance                              ..........
.............
  Cash in hand                                        ..........
.............
  Shares and debentures (annex list)                  ..........
.............
Insurance policies (specify, giving term, maturity and surrender value)
................................................. .......... .............
................................................. .......... .............
................................................ .......... .............
................................................ .......... .............
------------ ---------------
TOTAL
                                                     $           $

------------ ---------------
Motor vehicles (make, model and market value)
All other property (specify and give market value)
................................................ .......... .............
................................................ .......... .............
......................................
(Signature)
9. OTHER FINANCIAL RESOURCES-PRESENT AND ANTICIPATED
                                                     A           B

                                                     Deponent    Other party

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)";

   (h)  by omitting Form 29 and substituting the following form:
--------------------

"FORM 29
Order 23, rule 11
CONSENT OF AUTHORISED PERSON TO ACT AS NEXT
FRIEND OF A PERSON UNDER DISABILITY
(Short title)
I, (full name, address and occupation), being an authorised person, consent to
act as the next friend of the *applicant/*respondent (or as the case may be)
for the purposes of the abovementioned proceedings.
     Dated          19  .
.........................
(Signature)";

*Cross out if not applicable.
------------------

        (i)    by omitting from Form 39 all the figures and words from and
               including "3. The court" to and including "Registrar." and
               substituting:

"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 solemnised at (place of solemnisation) on19
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.
or

*5. 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 the particulars required by paragraph
55A (1) (b) of the Act in relation to an order under subsection 55A (1) of the
Act).
By the Court,
Registrar

*Omit if not applicable.";

   (j)  by omitting from Form 39 "*Cross out whichever is not applicable.";

   (k)  by omitting from Form 41:

"*2. Date of order under section 63:"
and substituting:

"2. Date of order under subsection 55A (1):";

   (l)  by omitting from Form 41 "*Cross out whichever is not applicable." and
        substituting "*Omit if not applicable.";

   (m)  by inserting after Form 46 the following form:

"FORM 46A
Order 33, rule 10
NOTICE OF PAYMENT INTO COURT BY ORDER
(Short title)
I, (full name), hereby give notice of payment into court, pursuant to the
order made by the (name of court) at on        19   in relation to the

abovenamed proceedings, of the sum of $   .

  Dated          19  .
......................................
(Signature of solicitor/party)";

   (n)  by omitting Form 48, being the form headed "APPLICATION-REGON 70 (6)";

   (o)  by omitting from Form 50 "of the marriage"; and

   (p)  by omitting from Forms 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21,
        22, 23, 23A, 24, 25, 26, 27, 28, 29, 30, 36, 37, 38, 41, 44, 54, 55,
        56, 58, 59, 60, 61 and 62 "(Short Title)" and substituting "(Short
        title)". 


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