Contents

Chapter 1 Introduction

Part 1.1 Preliminary

1.01 Name of Rules 29

1.02 Commencement 29

1.03 Rules in Chapter 1 prevail 30

Part 1.2 Main purpose of Rules

1.04 Main purpose of Rules 31

1.05 Pre-action procedure 31

1.06 Promoting the main purpose 32

1.07 Achieving the main purpose 32

1.08 Responsibility of parties and lawyers in achieving the main purpose 33

Part 1.3 Court’s powers in all cases

1.09 Procedural orders in cases of doubt or difficulty 35

1.10 Court may make orders 35

1.11 Court may set aside or vary order 35

1.12 Court may dispense with Rules 35

1.13 Judicial officer hearing application 36

1.14 Shortening or extension of time 36

1.15 Time for compliance 36

Part 1.4 Other preliminary matters

1.16 Definitions — the dictionary 37

1.17 Notes, examples etc 37

1.18 Sittings 38

1.19 Permission to record court event 38

1.20 Publishing lists of cases 38

1.21 Calculating time 39

Chapter 2 Starting a case

Part 2.1 Applications

2.01 Which application to file 40

2.02 Documents to be filed with applications 42

Part 2.2 Brochures

2.03 Preparation and distribution of brochures 45

Part 2.3 Notification in certain cases

2.04 Notice of Child Abuse or Risk of Abuse (Act s 67Z) 46

2.05 Family violence order 46

2.06 Notification of proceeds of crime order or forfeiture application (Act ss 79B and 90M) 46

2.07 Proceeds of crime 47

Chapter 3 Divorce

Part 3.1 Application for Divorce

3.01 Fixing of hearing date 49

3.02 Amendment of Form 3 49

3.03 Discontinuance of Form 3 49

Part 3.2 Response

3.04 Response 50

3.05 Objection to jurisdiction 50

3.06 Response out of time 50

3.07 Affidavit to reply to information in Form 3 51

Part 3.3 Attendance at hearing

3.08 Attendance at hearing 52

Part 3.4 Hearing in absence of parties

3.09 Seeking a hearing in absence of parties 53

3.10 Hearing in absence of parties — joint application 53

3.11 Request not to hear case in parties’ absence 53

Part 3.5 Events affecting divorce order

3.12 Application for rescission of divorce order 54

3.13 Death of party 54

Chapter 4 Application for Final Orders

Part 4.1 Introduction

4.01 Contents of Application for Final Orders (Form 1) 56

4.02 Filing affidavits 56

4.03 First court date 57

Part 4.2 Specific applications

Division 4.2.1 General

4.04 General provisions still apply 58

4.05 Application by Attorney-General for transfer of case 58

Division 4.2.2 Cross-vesting

4.06 Cross-vesting matters 58

4.07 Transfer of case 59

Division 4.2.3 Medical procedure

4.08 Application for medical procedure 59

4.09 Evidence supporting application 59

4.10 Service of application 61

4.11 Fixing of hearing date 61

4.12 Procedure on first court date 61

Division 4.2.4 Maintenance

4.13 Information to respondent 61

4.14 Procedure on first court date 62

4.15 Evidence to be provided 62

4.16 Application for step-parent to maintain 63

4.17 Maintenance orders 63

Division 4.2.5 Child support

4.18 Application of Division 4.2.5 64

4.19 Documents to be filed with applications and appeals 64

4.20 Application under Assessment Act s 95 (6) 66

4.21 Time limits for appeals and applications under Assessment Act 66

4.22 Time limit for appeal under Registration Act s 88 66

4.23 Service of application or appeal 66

4.24 Service by Child Support Registrar 67

4.25 Procedure on first court date 67

4.26 Evidence to be provided 67

Division 4.2.6 Nullity and validity of marriage and divorce

4.27 Application of Division 4.2.6 68

4.28 Fixing hearing date 68

4.29 Affidavit to be filed with application 68

Division 4.2.7 Applications relating to passports

4.30 Application relating to passport 69

4.31 Fixing hearing date 69

Chapter 5 Applications in a case

Part 5.1 General

5.01 Applications in a case 70

5.02 Evidence in applications in a case 71

5.03 Procedure before filing 71

5.04 Restrictions in relation to applications 71

5.05 Fixing a date for hearing or case assessment conference 72

5.06 Attendance by electronic communication 73

5.07 Attendance of party or witness in prison 74

Part 5.2 Hearing — interim and procedural applications

5.08 Interim orders — matters to be considered 76

5.09 Admissibility of affidavit 76

5.10 Hearing time of interim or procedural application 77

5.11 Party’s failure to attend 77

Part 5.3 Application without notice

5.12 Application without notice 78

5.13 Necessary procedural orders 79

Part 5.4 Hearing on papers in absence of parties

5.14 Request for hearing in absence of parties 80

5.15 Objection to hearing in absence of parties 80

5.16 Court decision to not proceed in absence of parties 80

5.17 Procedure in hearing in absence of parties 80

Part 5.5 Postponement of interim hearing

5.18 Administrative postponement of interim hearing 82

Chapter 6 Parties

Part 6.1 General

6.01 Parties 83

6.02 Necessary parties 83

Part 6.2 Adding and removing a party

6.03 Adding a party 85

6.04 Removing a party 85

6.05 Intervention by a person seeking to become a party 85

6.06 Intervention by a person entitled to intervene 86

6.07 Notice of constitutional matter 87

Part 6.3 Case guardian

6.08 Conducting a case by case guardian 88

6.09 Who may be a case guardian 88

6.10 Appointment, replacement or removal of case guardian 88

6.11 Attorney-General may appoint case guardian 89

6.12 Notice of becoming case guardian 89

6.13 Conduct of case by case guardian 89

6.14 Costs of case guardian 90

Part 6.4 Progress of case after death

6.15 Death of party 91

Part 6.5 Progress of a case after bankruptcy or personal insolvency agreement

6.16 Interpretation 92

6.17 Notice of bankruptcy or personal insolvency agreement 92

6.18 Notice under paragraph 6.17 (1) (b) 93

6.19 Notice under paragraph 6.17 (1) (c) 93

6.20 Notice of bankruptcy proceedings 94

6.21 Notice of application under section 139A of the Bankruptcy Act 94

6.22 Official name of trustee 95

Chapter 7 Service

Part 7.1 General

7.01 Service 96

7.02 Court’s discretion regarding service 96

7.03 Service of documents 97

7.04 Service of filed documents 98

Part 7.2 Special service

7.05 Special service 100

7.06 Special service by hand 100

7.07 Special service by post or electronic communication 100

7.08 Special service through a lawyer 101

7.09 Special service on person with a disability 101

7.10 Special service on a prisoner 102

7.11 Special service on a corporation 102

Part 7.3 Ordinary service

7.12 Ordinary service 103

Part 7.4 Proof of service

7.13 Proof of service 104

7.14 Proof of special service 104

7.15 Evidence of identity 104

Part 7.5 Other matters about service

7.16 Service by electronic communication 106

7.17 When service is taken to have been carried out 106

7.18 Service with conditions or dispensing with service 107

Part 7.6 Service in non-convention country

7.19 Service in non-convention country 108

7.20 Proof of service in non-convention country 108

Chapter 8 Right to be heard and address for service

Part 8.1 Right to be heard and representation

8.01 Right to be heard and representation 110

8.02 Child representative 111

8.03 Lawyer — conflicting interests 112

8.04 Lawyer — ceasing to act 112

Part 8.2 Address for service

8.05 Address for service 113

8.06 Change of address for service 114

Chapter 9 Response and reply

Part 9.1 Response to Form 1

9.01 Response to Form 1 (Form 1A) 115

9.02 Filing an affidavit with Form 1A 116

9.03 Response objecting to jurisdiction 116

Part 9.2 Reply to Form 1A

9.04 Reply to Form 1A (Form 1B) 117

Part 9.3 Response to Form 2

9.05 Response to Form 2 (Form 2A) 118

9.06 Affidavit to be filed with Form 2A 118

9.07 Affidavit in reply to Form 2A 118

Part 9.4 Filing and service

9.08 Time for filing and service of response or reply 119

Chapter 10 Ending a case without a trial

Part 10.1 Offers to settle

Division 10.1.1 General

10.01 How to make an offer 120

10.02 Open and ‘without prejudice’ offer 121

10.03 How to withdraw an offer 121

10.04 How to accept an offer 122

10.05 Counter-offer 122

Division 10.1.2 Offer to settle — property cases

10.06 Compulsory offer to settle 123

10.07 Withdrawal of offer 123

Part 10.2 Discontinuing a case

10.10 Definition 124

10.11 Discontinuing a case 124

Part 10.3 Summary orders and separate decisions

10.12 Application for summary orders 126

10.13 Application for separate decision 126

10.14 What the court may order under this Part 126

Part 10.4 Consent orders

10.15 How to apply for a consent order 128

10.16 Notice to superannuation trustee 129

10.16A Order or injunction binding a third party 129

10.17 Dealing with a consent order 130

10.18 Lapsing of respondent’s consent 130

Chapter 11 Case management

Part 11.1 Court’s powers of case management

11.01 General powers 131

11.02 Failure to comply with a legislative provision or order 133

11.03 Relief from orders 133

11.04 Frivolous or vexatious case 134

11.05 Application for permission to start a case 135

11.06 Dismissal for want of prosecution 135

Part 11.2 Limiting issues

Division 11.2.1 Admissions

11.07 Request to admit 137

11.08 Notice disputing fact or document 137

11.09 Withdrawing admission 138

Division 11.2.2 Amendment

11.10 Amendment by a party or court order 139

11.11 Time limit for amendment 140

11.12 Amending a document 140

11.13 Response to amended document 140

11.14 Disallowance of amendment 140

Division 11.2.3 Small claims

11.15 Small claims 141

Part 11.3 Venue

Division 11.3.1 Open court and chambers

11.16 Cases in chambers 142

Division 11.3.2 Transferring a case

11.17 Transfer to another court or registry 142

11.18 Factors to be considered for transfer 142

Division 11.3.3 Transfer of court file

11.20 Transfer between courts 144

Chapter 12 Court events

Part 12.1 Application of Chapter 12

12.01 Application of Chapter 12 147

Part 12.2 Court events — resolution phase

12.02 Property case — exchange of documents before first court date 148

12.03 Case assessment conference 149

12.04 Procedural hearing 150

12.05 Property case — exchange of documents before conciliation conference 151

12.06 Conduct of a conciliation conference 152

Part 12.3 Court events — determination phase

12.07 Trial notice 153

12.08 Compliance certificate 153

12.09 Non-compliance 154

12.10 Conduct of pre-trial conference 154

Part 12.4 Attendance at court events

12.11 Party’s attendance 156

12.12 Attendance by electronic communication 156

12.13 Failure to attend court events 156

Part 12.5 Adjournment and postponement of court events

12.14 Administrative postponement of conferences or procedural hearings 158

12.15 Adjournment of case conference 159

12.16 Adjournment or postponement of pre-trial conference 159

Chapter 13 Disclosure

Part 13.1 Disclosure between parties

Division 13.1.1 General duty of disclosure

13.01 General duty of disclosure 162

Division 13.1.2 Duty of disclosure — financial cases

13.02 Purpose of Division 13.1.2 162

13.03 Definition 163

13.04 Full and frank disclosure 163

13.05 Financial statement (Form 13) 164

13.06 Amendment of Financial Statement (Form 13) 165

Part 13.2 Duty of disclosure — documents

Division 13.2.1 Disclosure of documents — all cases

13.07 Duty of disclosure — documents 166

13.08 Inspection of documents 166

13.09 Production of original documents 167

13.10 Disclosure by inspection of documents 167

13.11 Costs for inspection 167

13.12 Documents that need not be produced 167

13.13 Objection to production �