(1) A respondent to an Application for Divorce (Form 3) who seeks to oppose
the divorce or contest the jurisdiction of the court must file a Response to
an Application for Divorce (Form 3A):
- (a)
- if the respondent is served
in Australia within 28 days after the day when the Form 3 is
served on the respondent; or
- (b)
- if the respondent is served outside Australia within
42 days after the day when the Form 3 is served on the respondent.
(2) If a respondent files a Form 3A:
- (a)
- the hearing must proceed in open
court; and
- (b)
- each party must attend or be represented by a lawyer.
Note
A document that is filed must be served (see rules 7.03 and 7.04).