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1994 No. 401 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 1
SCHEDULE Rule 32
AMENDMENTS TO SCHEDULE 1, AND TO PART 3 OF SCHEDULE 2,
TO THE FAMILY LAW RULES PART 1-AMENDMENTS TO SCHEDULE 1 1. Heading: 1.1 Omit
the heading, substitute:
"SCHEDULE Order 2, rule 5
FORMS". 2. Form 4: 2.1 Omit the Form, substitute:
"FORM 4 Order 7, rule 7
Court use only (NAME OF COURT)
Form 4 File:
Number:
Application for Filed at:
divorce Filed on:
(Dissolution of marriage) Hearing place:
Family Law Rules Order 7, rule 7 Hearing time:
Type or print clearly and date
Read instructions for each part before you answer it
Application by husband alone wife alone both together
A Personal details the husband the wife
1. Family name
used now
2 Given names
3 Full name on
marriage certificate
4 Address Postcode Postcode
5 Occupation
6 Date and country
of birth day/month/year country
day/month/year country
7 Citizenship,
domicile,
residence Australian citizen Australian citizen
Put a cross in each
box that applies lived whole life in Australia lived whole life
in Australia
regards Australia as his home regards
Australia as her
home
intends to live permanently
in Australia intends to live
permanently in
Australia
ordinarily lives in Australia
and has lived in Australia for
12 months immediately before
this application ordinarily lives
in Australia and
has lived in
Australia for 12
months
immediately
before this
application other information (see instructions)
8 Address for Address in 4 above
service of Go to 9
documents on Solicitor's below
applicant (complete)
Firm name:
Code:
Address:
Postcode
Phone: ( )
Fax: ( )
DX & suburb/town
Omit if there are children under 18
B Request not to attend proceedings
9 Do you want to attend the court when it decides
your application? Yes No
(Read instructions carefully before you put a cross in 'No')
Court use only fee paid waived within 2 years of
date of marriage
C Details of marriage and separation Read instructions first
10 Date and country of marriage. day/month/year country
11 When did you separate from your day/month/year
spouse?
12 (a) At the time you separated, did husband Yes No
you or your spouse intend to end wife Yes No
the marriage?
(b) Did you or your spouse move out husband Yes No
of the home? wife Yes No
13 (a) Have you and your spouse lived No go to 14
under the same roof at any time Yes go to (b)
after you separated?
(b) Give dates and length of each day/month/year
period day/month/year
from to
day/month/year
day/month/year
from to
14 (a) At any time after you separated, No go to 15
have you and your spouse lived Yes go to (b)
as husband and wife?
(b) Give dates and length of each day/month/year
period day/month/year
from to
day/month/year
day/month/year
from to
15 Do you think it is likely that you will No Yes
reconcile and live together as husband
and wife?
16 Is there any child under 18 who is:
* a child of you and your spouse?;
or
* a child treated as a member of
your family when you last separated? No go straight to F
Yes how many?
go to Part D
Omit Part D if answer to 16 is 'No'
D Other court proceedings and orders Read instructions
first
17 Are there any family law, domestic No go to 19
violence or child welfare proceedings Yes go to 18
pending concerning the husband or
the wife or the children listed in E
18 Give details-include name of court,
date listed and orders sought, stage of
proceedings
(Use an extra page if there is not
enough space)
19 Are there any current family law, No go to 21
domestic violence or child welfare Yes go to 20
orders concerning the husband or the
wife or the children listed in E
20 Give details-include name of court,
date and orders made
(Use an extra page if there is not
enough space)
Omit Part E if answer to 16 is 'No' Read instructions
first
E Children under 18 Child 1 Child 2
21 Child's family
name (surname)
22 Given name(s)
23 Date of birth
24 Address Postcode Postcode
25 Who else lives in husband wife husband wife
the child's home? other: other:
(a) name
age/sex
relationship to child (b) name
age/sex
relationship to child
(Attach extra page
if there is not
enough space))
26 Details for child
(a) housing
(b) supervision
(c) access
(d) financial support
(e) education
(f) health
27 Do you propose No No
any substantial Yes Give details Yes Give details
changes to these
arrangements? (Attach further pages for any other children referred to in
answer to 16)
E Children under 18 Child 3 Child 4
21 Child's family
name (surname)
22 Given name(s)
23 Date of birth
24 Address
Postcode Postcode
25 Who else lives in husband Wife Husband Wife
the child's home? other other
(a) name
age/sex
relationship to child
(b) name
age/sex
relationship to child
(Use an extra page if there is not enough space)
26 Details for child
(a) housing
(b) supervision
(c) access
(d) financial support
(e) education
(f) health
27 Do you propose No No
any substantial Yes Give details Yes Give details
changes to these
arrangements?
If yes, give details Attach further page(s) for any other children referred to
in answer to 16
F Affidavit of applicant(s) Read instructions first
I swear/affirm that: If only one person is applying, only that person should
sign
1 I am the applicant
Both husband and wife to sign ONLY if they are applying together
2 I have read this application
3 The facts of which I have personal knowledge are true
4 All other facts are true to the best of my knowledge, information
and belief.
Signature of husband Signature of wife
Sworn /affirmed Sworn /affirmed
place: date: place: date:
Before me-signature Before me-signature
Justice of the Peace Justice of the Peace
Other specify) Other (specify)
G Declaration Only 1 signature required
I gave the applicant(s) a copy of "Marriage, Families and Separation"
Signature of solicitor (if filing the application): Signature of registry
officer (if the applicant filing): Date: Print full name: Date: If you have
been married for less than 2 years you must also complete Part H
Read instructions first Omit part H if inapplicable
H Counselling Certificate (only for applicants married less
than 2 years) Details 1 Husband -name -address
Family name (Surname) Given names
Postcode 2 Wife -name -address
Family name (Surname) Given names
Postcode 3 Date of marriage date/month/year 4 Counsellor
-name
-organisation
-address 5 Details of counselling
meetings
Family name (Surname) Given names
Postcode
Certificates Complete one only
Section 44 (1B) Section 44 (1C)
I certify that both the wife and I certify that:
husband attended the counselling (a) only the wife husband
set out in (5) and considered attended counselling mentioned
reconciliation. in (5) and considered
reconciliation; and
(a the wife husband was
invited to consider
reconciliation but did
not attend.
Signature: Signature:
Position: Position:
Date: Date:
Notice of application Divorce (dissolution of marriage) Pin this to the front
of the copy of the application to be served on your spouse. Omit if both
husband and wife are applying together. Read instructions first To (name of
spouse) address Postcode In the attached application form your spouse is
applying for divorce on the ground that the marriage has ended. The court has
set down a time and place to hear the application as indicated on page 1 of
the application. You should check the details given by your spouse in the form
to ensure that they are correct to the best of your knowledge. You should also
read the enclosed brochure "Marriage, Families and Separation" carefully. It
sets out the legal and possible social effects of these proceedings and the
counselling and welfare facilities available. If you do not oppose the
application You should sign, date and return the Acknowledgment of Service to
the person who served the application. You do not have to do anything else.
The court will send you any decree after it becomes absolute. If your spouse
has asked to be absent from the hearing in Part B of the application, the
court may agree unless you file an answer (Form 13 or 14) or file with the
court and serve on your spouse a request not to determine the proceedings in
absence (Form 10) at least 7 days before the date of the hearing. If you
oppose the application You must fill in a response (Form 13 or 14) if you want
to: (a) deny any statement in the application; or
(b) ask the court to consider any additional information; or
(c) ask the court to dismiss the application; or (d) make any other submission
to the court; or (e) deny that the court has jurisdiction to hear your case.
You must lodge the form with the court no later than:
. 28 days after the application was served on you, if it was served in
Australia
. 42 days after the application was served on you if it was served overseas.
You must also serve a copy of the form on your spouse in accordance with the
Family Law Rules. You can obtain a copy of the form and instructions on how to
serve it from the court. You must also come to the hearing. If you do not, the
court may proceed with the application in your absence. Property and
maintenance If you want to apply to the court about property or your own
maintenance, you must do so by separate application with 12 months of the
decree absolute. After that time you must first obtain the leave of the court
to apply. Signed
............................................. Registry Officer
Date .................................. 3. Form 5: 3.1 Omit the Form. 4. Form
13: 4.1 Omit the Form, substitute:
"FORM 13 Order 10, subrule 2 (1)
Fill in boxes A and C (see application)
(NAME OF COURT)
Form 13
A. File Number
Court use only
Response
(Divorce or other Principal Relief) B. Filed at
Filed on
Family Law Rules-Order 10, rule 2 C. Hearing date
Cross boxes which apply
1. Name of Family name (Surname) Given Names
Applicant (from application) Details of Respondent 2 Name of
Respondent Family name (surname) Given names
3 Respondent's Solicitor (if
applicable) Name of solicitor
Firm name:
Code:
Address:
Postcode:
Telephone: ( ) Fax: ( )
DX and suburb/town:
4 Respondent's Solicitor above
address for service Other Specify:
of documents Postcode:
5 Who prepared this Response
Respondent Solicitor above
Orders sought
6 Do you want the Court Yes No
to dismiss the application? Details of Response
7 Do you disagree No go to 8 Yes give details
with any statement (refer to each
in the application? disputed statement
by the same number
it has in the
application) FORM 13-continued 8 Set out any other
grounds on which you rely
9 (Divorce only) Yes
Do you say that the No
arrangements for the children are proper? Affidavit of respondent I
swear/affirm that: (1) I am the respondent. (2) I have read this Response. (3)
The facts of which I have personal knowledge are true. (4) All other facts are
true to the best of my knowledge, information and belief.
Signature of respondent: Sworn/affirmed :
Place: DAte
Before me-signature Full name of witness (print)
Justice of the Peace Other (Specify)
5 Form 14: 5.1 Heading: Omit the heading, substitute:
"RESPONSE OBJECTING TO JURISDICTION". 5.2 Omit "answer" (wherever occurring),
substitute "response". 6. Form 18: 6.1 Omit the Form, substitute:
"FORM 18 Order 18, paragraph 2 (1) (a)
and rule 3
Fill in boxes A and B
(NAME OF COURT) A. File
Form 18 Number
Notice of address for service Court use only
B. Filed at
Filed on
Family Law Rules-Order 18, rules 2 and 3 C. Hearing date
1. Name Family name (surname) Given names
2 Address for service Postcode
Telephone ( ) Fax ( )
DX and Suburb/town:
3 Is this address for Yes
service of notices for all proceedings
with the above file number? No only the proceedings concerning
(specify) Date: Signature:
Print solicitor's name (if applicable) Code:
(This Form may be signed by the person named in (1) or by his or her
solicitor)". 7. Form 19: 7.1 Omit the Form, substitute:
"FORM 19 Order 18, paragraphs 11 (1) (a)
and 14 (2) (a)
Fill in boxes A and B
(NAME OF COURT) A. File
Form 19 Number
Acknowledgment of service Court use only
B. Filed at
Filed on
Family Law Rules-Order 19, rules C. Hearing date
11 and 14
1. Full name of Family name (surname) Given names
person served with documents
2. What is the Husband Wife
person served Father Mother
called in the Other (specify)
documents? 3. Date documents served 4. What documents were served? (Omit or
delete those not received) (a) Copy of application for divorce stamped with
the Court seal (b) "Marriage Families and Separation" brochure
(Order 25, rule 3) (c) Copy of affidavit of
sworn/affirmed on (d) Copy of application for
stamped with the Court seal (e) Mediation brochure (see Order 25A, rule 21)
Others (give details) (f) (g)
I acknowledge service of OR I am the solicitor for the person
documents as specified above. served. On behalf of my client I
acknowledge service of
documents as specified above in
accordance with the Family Law
Rules.
Date: Date:
Signature of person served Signature of solicitor
Name (print): Address: Solicitor's code: Annexure Note: This is the
Acknowledgment of Service referred to in the Affidavit of
Sworn at Before me:
(Signature)
A Justice of the Peace Other (Specify)
FORM 20 Order 18, paragraph 15 (2) (a)
Fill in boxes A and C
(see application)
(NAME OF COURT) A. File
Form 20 Number
Affidavit by applicant of Court use only
service by post (divorce) B. Filed at
Filed on
Family Law Rules-Order 18, rule 15 C. Hearing date
1. Full name of person Family name (surname) Given names
serving documents (applicant) and address
2. Person served (full Surname (Family Name) Given names
name) 3. What documents were served? (Omit or delete those not served) (a)
Copy of Application for Divorce (dissolution of marriage), stamped with the
Court seal (b) Form of Acknowledgment of Service (c) "Marriage, Families and
Separation" brochure (Order 25, rule 3)
(d) Other (give details):
4. How were they served on the person? I posted them by prepaid post in an
envelope addressed to the person served at (give address): 5. Date of posting
6. Acknowledgment The Acknowledgment of Service is signed by the
person named in (2) above. I have attached it
to this Affidavit. I swear/affirm that: 1 I am the person applying for the
divorce; and 2 The person served is my spouse; and 3 The facts set out are
true; and 4 I recognise the signature on the Acknowledgment of Service as that
of my spouse as I have seen it on other occasions.
Signature of applicant: Sworn/affirmed at:
Place: Date:
Before me: signature Full name of witness (print)
Justice of the Peace Other (Specify)
(The witness must also complete and sign the annexure note on the
Acknowledgment of Service)". 8. Form 21: 8.1 Omit the Form, substitute:
"FORM 21 Order 18, paragraph 15 (2) (b)
Fill in boxes A and C
(see application)
(NAME OF COURT) A. File
Form 21 Number
Affidavit of Service Court use only
(Divorce) B. Filed at
Filed on
Family Law Act 1975-Order 18, rule 15 C. Hearing
date
1. Name of person Family name(Surname) Given names
serving documents
address -occupation
2. Person served (name) Family name (surname) Given names
3. Date documents served day/month/year
4. What documents were served? Cross box if applicable
(a) Copy of application for divorce, stamped with the Court seal
(b) Form of Acknowledgment of Service
(c) "Marriage, Families and Separation" brochure (Order 25, rule 3)
(d) Other (give details):
5. How were they served on the person? Cross box if applicable You may omit or
delete inapplicable items I handed them to the person at (give address) I saw
the person sign the attached Acknowledgment of Service q
I attempted to hand them to the person at . The person
refused to accept them. I put them down and left them in the presence of the
person and said to the person: I posted them by pre-paid post in an envelope
addressed to the person at (give address): 6. How was the person identified?
Cross box if applicable Do not complete if service was by post You may omit or
delete inapplicable items I know the person q The person is shown in the
attached photograph q I had the following conversation with the person on
(date): (set out conversation with the person): I swear/affirm that the facts
set out are true.
Signature of person in 1: Sworn/affirmed:
Place: Date / /
Before me-signature Full name of witness (print)
Justice of the Peace Other q (Specify)
(The witness must also complete and sign an annexure note on the
Acknowledgment of Service or photograph (if applicable).)". 9. Form 22: 9.1
Omit the Form, substitute:
"FORM 22 Order 18, paragraph 15 (2) (c)
Fill in boxes A and C
(NAME OF COURT) A. File
Form 22 Number
Affidavit of service Court use only
B. Filed at
Filed on
Family Law Rules-Order 18, rule 15 C. Hearing date
1. Name of person serving documents
address -occupation
Family name (surname) Given names
2. Person served (name) Surname (Family Name) Given names
3 Date documents served / / /
4. What documents were served? Cross box if applicable. You may omit or delete
those inapplicable
(a) Copy of application for stamped with the Court seal
(b) Affidavit of
sworn/affirmed on (c) Form of Acknowledgment of Service (d) "Marriage,
Families and Separation" brochure (Order 25, rule 3) q
(e) Mediation brochure (Order 25A, rule 21) (give details):
(f) Other 5. How were they served on the person? Cross box if applicable You
may omit or delete those inapplicable I handed them to the person at (give
address): I posted them by pre-paid post in an envelope addressed to the
person at (give address): I delivered them to the address for service of the
person at (give address) : I faxed them to the fax number in the person's
address for service: Other (specify): 6 How was the person identified?
(Complete only if documents handed to person served) Cross box if applicable.
You may omit or delete those inapplicable. I know the person The person is
shown in the attached photograph I saw the person sign the Acknowledgment of
Service attached I had the following conversation with the person on (date):
(set out conversation relating to the person's identity): I swear/affirm that
the facts set out are true.
Signature of person in 1: Sworn/affirmed :
Place: Date / /
Before me-signature Full name of witness (print)
Justice of the Peace Other (Specify)
(The witness must also complete and sign an annexure note on the
Acknowledgment of Service or photograph (if applicable).".
FORM 23 Order 18, subrule 16 (1)
Fill in boxes A and B
(NAME OF COURT) A. File
Form 23 Number
Affidavit of proof of
signature Court use only
B. Filed at
Filed on
Family Law Rules-Order 18, rule 16 C. Hearing date
Full name Address
Family name (Surname) Given names
I swear/affirm that:
1 The attached completed Acknowledgment of Service is signed by
(give full name): 2 I recognise the signature on the Acknowledgment of Service
because I have seen the person sign that way on other occasions.
Signature: Sworn/affirmed:
Place: Date / /
Before me-signature Full name of witness (Print)
Justice of the Peace Other (Specify)
(The witness must also complete and sign an annexure note on the
Acknowledgment of Service .)". 10. Forms 34 and 35: 10.1 Omit the Forms.
PART 2-AMENDMENTS TO PART 3 OF SCHEDULE 2 11. Item 17: 11.1 Omit "$488",
substitute "$510". 12. Item 18: 12.1 Omit "$344", substitute "$380". 13. Item
19: 13.1 Omit "$600", substitute "$480". 14. Item 20: 14.1 Omit "$462",
substitute "$360".
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