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FAMILY LAW RULES 20042003 No. 375 - RULE 2.02

Documents to be filed with applications
(1)
A person must file with an application mentioned in an item of Table 2.2, the document mentioned in the item if the document has not already been filed.


Table 2.2
Documents to be filed with applications

Item


Application


Documents to be filed with application


1


Application for Final Orders (Form 1)


the marriage certificate or divorce or nullity order


2


Form 1, in which parenting orders are sought between parties who have never been married to each other


the child's birth certificate


3


Form 1, or Response (Form 1A), in which financial orders are sought, for example, property settlement, maintenance, child support


(a) for Form 1 only — one of the documents mentioned in this column in item 1 or 2;
(b) a completed Form 13 (see rule 13.05)


4


Form 1 or Form 1A in which property settlement orders are sought, and Reply (Form 1B) responding to Form 1A in which property settlement orders are sought as a new cause of action


(a) the documents mentioned in this column in item 3;
(b) a completed superannuation information form (attached to the Form 13) for a superannuation interest of the party filing the Form 1, 1A or 1B


5


Form 1 or Form 1A relying on a cross-vesting law, or seeking an order under Part 4.2:

* for a medical procedure;
* for step-parent maintenance, if there is consent or the application is unopposed;
* for nullity of marriage;
* for a declaration as to validity of a marriage or divorce or annulment; or
* relating to a passport


(a) for Form 1 only — one of the documents mentioned in this column in item 1 or 2;
(b) an affidavit (see rules 4.06, 4.09, 4.16, 4.29 and 4.30)


6


Form 1 or Form 1A in which a Child Support Application or Appeal is made


(a) for Form 1 only — one of the documents mentioned in this column in item 1 or 2;
(b) the documents mentioned in rule 4.19 for the application


7


Application in a Case (Form 2) other than an application seeking review of a decision by a Registrar or Judicial Registrar


(a) an affidavit (see rule 5.02);
(b) for a Form 2 permitted by subrule 5.04 (3) — one of the documents mentioned in this column in item 1 or 2


8


Application for Divorce (Form 3)


the marriage certificate


9


Application for Consent Orders (Form 11)


(a) one of the documents mentioned in this column in item 1 or 2;
(b) for a Form 11 in which orders are sought in relation to a superannuation interest (see rule 10.16) — a completed superannuation information form for the superannuation interest


10


Application — Contravention (Form 18)


an affidavit (see subrules 21.02 (2) and (3))


11


Application — Contempt (Form 19)


an affidavit (see subrule 21.02 (2))


(2) If an applicant is required to file a document mentioned in item 1, 2 or 8 of Table 2.2, the applicant may file an image, photocopy or certified copy of the document.

(3) If an applicant is unable to file a document mentioned in item 1, 2 or 8 of Table 2.2, the applicant must file:

(a)
an affidavit setting out the reasons why the document was not filed; or

(b)
a written notice containing an undertaking to file the document within the time specified in the notice.

(4) If a document mentioned in Table 2.2 is not in English, the person filing the document must file:

(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.

Note 1
A party must not file an affidavit with an Application for Final Orders (Form 1) unless permitted to do so by Chapter 4 or an order (see rules 1.12 and 4.02).
Note 2
A document that is filed must be served (see rules 7.03 and 7.04).
Note 3
For information about filing documents, see Chapter 24.



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