Commonwealth Numbered Regulations

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 1

                            SCHEDULE 1                     Rule 14

NEW ORDER 7

"ORDER 7-PROCEEDINGS FOR PRINCIPAL RELIEF

"Division 1-General Application of Order

"1. This Order applies to an application for:

   (a)  a decree of dissolution of marriage; or

   (b)  a decree of nullity of marriage; or

   (c)  a declaration as to the validity of a marriage; or

   (d)  a declaration of the annulment or dissolution of a marriage by decree
        or otherwise. Filing applications

"2. (1) Proceedings for principal relief must be instituted by filing
an application.

"(2) An application instituting proceedings in:

   (a)  a Supreme Court; or

   (b)  a court of summary jurisdiction; of a Territory must state whether the
        applicant or respondent is ordinarily resident in that Territory.
        Application for decree of nullity of marriage-Form 2

"3. An application for a decree of nullity of marriage must be in accordance
with Form 2. Application for decree of dissolution of marriage-Form 4

"4. An application for a decree of dissolution of marriage must be in
accordance with Form 4. Application for declaration under section 113 of
Act-Form 6

"5. An application for the purposes of section 113 of the Act must be in
accordance with Form 6. Filing of marriage certificate etc. with application

"6. (1) Subject to this rule, an applicant must file with an application to
which this Order applies:

   (a)  if the application is for a decree of nullity or dissolution of
        marriage-the marriage certificate relating to the marriage or
        purported marriage; or

   (b)  if the application is for a declaration as to the validity of a
        marriage or of the dissolution or annulment of a marriage-the relevant
        marriage certificate or decree of annulment or dissolution, as the
        case may be.

"(2) If a decree is required to be filed under subrule (1), a photocopy or
certified copy of the decree may be filed instead of the original.

"(3) If an applicant is unable to file a document required by subrule (1), the
applicant must:

   (a)  file with the application an affidavit setting out the facts and
        circumstances by reason of which the applicant is unable to file the
        document; or

   (b)  give to the Registrar an undertaking, satisfactory to the Registrar,
        to file the document within a specified time.

"(4) An applicant need not file a document required by subrule (1) if the
applicant has already filed the document in relation to other proceedings in
the same registry.

"(5) If a document required by subrule (1) is not in English, the applicant
must file with the application:

   (a)  a translation of the document in English; and

   (b)  an affidavit by the person who made the translation verifying the
        translation and setting out the person's qualifications to make the
        translation.

Fixing of hearing date

"7. (1) After the filing of an application for principal relief, the Registrar
must fix a date for the hearing of the application.

"(2) The date fixed for the hearing of the application must be:

   (a)  in the case of a joint application-at least 21 days after the day on
        which the application is filed; or

   (b)  in the case of an application other than a joint application:

        (i)    if the respondent is in Australia-at least 42 days; or

        (ii)   if the respondent is outside Australia-at least 56 days;
after the day on which the application is filed. Response-Form 13

"8. (1) A respondent to, or an intervener in, proceedings for principal relief
who wishes to oppose an application must file a response to the application in
accordance with Form 13.

"(2) A respondent or intervener must serve a response on the applicant as soon
as practicable after it is filed. Response objecting to jurisdiction-Form 14

"9. (1) A respondent in proceedings for principal relief who wishes to contest
the jurisdiction of the court must file a response objecting to jurisdiction
in accordance with Form 14.

"(2) The response must be served on the applicant as soon as practicable after
it is filed.

"(3) If the court overrules an objection to its jurisdiction, the court must
give directions in relation to the further conduct of the proceedings. Time
for filing response

"10. A respondent to an application must file a response, or a response
objecting to jurisdiction, within:

   (a)  if the respondent is served in Australia-28 days; or

   (b)  if the respondent is served outside Australia-42 days; after the day
        on which the application is served on the respondent. Response out of
        time

"11. (1) If a respondent files a response, or a response objecting to
jurisdiction, after the expiry of the time fixed by rule 10, the applicant may
continue the proceedings as if the response, or response objecting to
jurisdiction, had not been filed unless:

   (a)  the applicant consents to the late filing; or

   (b)  the court, or a Registrar, otherwise orders.

"(2) If an applicant consents to the late filing of a response, or a response
objecting to jurisdiction, the applicant:

   (a)  must give his or her consent in writing; and

   (b)  may endorse the consent on the response, or response objecting to
        jurisdiction. Application for rescission of decree nisi-Form 8

"12. (1) An application under section 57 or 58 of the Act must be in
accordance with Form 8.

"(2) An applicant under section 57 or 58 of the Act must file and serve with
the application an affidavit in accordance with Order 16 setting out:

   (a)  the reasons why the decree nisi should be rescinded; and

   (b)  the evidence supporting those reasons. Discontinuance of application

"13. (1) An application made under this Order may be discontinued with the
leave of the court or a Registrar.

"(2) An order under subrule (1) may be made subject to any conditions,
including service, that the court, or a Registrar, thinks fit.



"Division 2-Proceedings for dissolution of marriage
in the absence of parties Hearing of proceedings in absence of parties

"14. If, in proceedings for dissolution of marriage:

   (a)  at the date of the hearing of the proceedings there are no children of
        the marriage, within the meaning given in subsection 55A (3) of the
        Act, who have not turned 18; and

   (b)  either:

        (i)    a respondent has been served not less than 28 days before the
               date of hearing of the proceedings with a request in accordance
               with Part B of Form 4; or

        (ii)   a joint application has been made in accordance with Part B of
               Form 4; the court, or a Registrar, may determine the
               proceedings even if neither party, nor the party's legal
               representative, is present in court. Request not to hear
               proceedings in parties' absence-Form 10

"15. (1) If, in proceedings for dissolution of marriage:

   (a)  a respondent has been served, not less than 28 days before the date of
        hearing, with a request in accordance with Part B of Form 4; or

   (b)  a joint application has been made in accordance with Part B of Form 4;
        then:

   (c)  an applicant, or respondent to that application; or

   (d)  a joint applicant; may request the court, or a Registrar, not to
        determine the proceedings in the absence of the parties, by filing and
        serving on the other party, or the other joint applicant, as the case
        requires, a notice in accordance with Form 10 not later than 7 days
        before the date of hearing of the application.

"(2) If a notice has been filed and served in accordance with subrule (1), the
court, or a Registrar, must determine the proceedings in open court.".