Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 6

6. Order 2, rule 2 (Requirements with respect to documents)
6.1 Omit the rule, substitute: Requirements with respect to documents

"2. (1) For the purposes of this rule, 'printed' includes:

   (a)  typewritten; or

   (b)  machine printed; or

   (c)  reproduced by mechanical, electronic, photographic or other means.

"(2) A document that is to be registered or filed must comply with subrule (3)
unless:

   (a)  the nature of the document renders compliance impracticable; or

   (b)  the document is in accordance with a form that:

        (i)    is prescribed in these Rules; and

        (ii)   provides for the document to be set out in a manner that does
               not comply with subrule (3); or

   (c)  under these Rules, the document must comply with a different
        requirement.

"(3) A document must:

   (a)  be on durable white opaque paper of good quality, of the size known as
        ISO A4; and

   (b)  be legible and without erasures, blotting out or material
        disfigurement; and

   (c)  be:

        (i)    mechanically or electronically printed; or

        (ii)   if permitted by subrule (5), hand-printed in ink; and

   (d)  have a margin at the left hand side of each page of not less than 30
        millimetres; and

   (e)  have a space of not less than 6 millimetres between each line and the
        next; and

   (f)  be set out on only 1 side of the paper; and

   (g)  have each page numbered; and

   (h)  if rule 3 so requires-have a cover sheet in accordance with Form 1,
        Form 1A or Form 1B, under that rule.

"(4) In a document that is in accordance with Form 4:

   (a)  Parts A and B of the document must both be set out on the same sheet
        of paper; and

   (b)  Part H (if applicable) and the notice of application must each begin
        at the top of a page.

"(5) If:

   (a)  a document must be in accordance with Form 2, 2A, 4, 7, 7A, 7B, 8, 8A,
        10, 12, 12B, 13, 15A, 15B, 15C, 15D, 17, 17A, 18, 19, 20, 21, 22, 23
        or 42B; and

   (b)  the document is prepared with the words prescribed in that Form set
        out in accordance with this rule; any other words in the Form may be
        printed or hand-printed.

"(6) A document that is in accordance with Form 1, 1A, 1B, 2A, 10, 18, 19, 20,
21, 22, 23, 38A or 42B must be set out on a single sheet of paper.

Cover sheet

"3. (1) Subject to subrules (2), (3) and (4), a document in accordance with a
form in Schedule 1 must not have a cover sheet.

"(2) A document in accordance with Form 6, 14, 15A, 16, 24, 25, 26, 27, 28,
29, 30, 36, 37, 38, 41A, 43, 44, 45, 46, 46A, 47, 48, 49, 49A, 49B, 55, 56,
57, 58, 59, 60, 61 or 62 must have a cover sheet in accordance with Form 1.

"(3) An document in accordance with Form 45A, 45B, 63, 64 or 65 must have a
cover sheet in accordance with Form 1A.

"(4) The following documents must have a cover sheet in accordance with Form
1B:

   (a)  a document to which Order 41, subrule 6 (2) applies;

   (b)  an application made under the Corporations Law.

"(5) If the filing registry in relation to proceedings is changed:

   (a)  the cover sheet; or

   (b)  if a document has no cover sheet-the front page; of a document filed
        in the proceedings after the change must show the new registry.

Party to proceedings-corporation

"3A. (1) A document in which a corporation is named as a party to proceedings,
or an application by a corporation for leave to intervene in proceedings, must
include the following information:

   (a)  the full name of the corporation;

   (b)  the corporation's Australian Company Number under the Corporations
        Law;

   (c)  the corporation's registered office.

"(2) The information must be set out:

   (a)  on the cover sheet filed with the document; or

   (b)  if the document has no cover sheet-on the front page of the document.

Change of name of party

"3B. (1) If the name of a party is changed after the commencement of
proceedings, the party must, as soon as practicable after the change:

   (a)  file a notice of change of name in accordance with Form 2A; and

   (b)  serve a copy of the notice on each other party to the proceedings who
        has an address for service.

"(2) If a party has filed and served a notice of change of name under subrule
(1), each party must use the new name in any documents filed in the
proceedings after the notice has been filed.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback