Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - 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

2A

Initiating Application (Family Law) in which an order is sought under Part VII of the Act, for example, a parenting order

(a) unless paragraph (b) applies--a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I(8) of the Act;

(b) if no certificate is required because paragraph 60I(9)(b), (c), (d), (e) or (f) of the Act applies--an affidavit in a form approved by the Chief Executive Officer unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed

(c) if the application is for a parenting order in relation to a child born under a surrogacy arrangement--an affidavit in a form approved by the Chief Executive Officer;

(d) a Notice of Child Abuse, Family Violence or Risk

Note:       Division 4.2.8 of these Rules and section 60HB of the Act relate to children born under surrogacy arrangements.

2B

Initiating Application (Family Law) in which an order is sought relating to a de facto relationship

(a) the documents required by an item in this table that applies to the application (for example items 2A to 6 and 9); and

(b) to satisfy the court for section 90SB of the Act that the relationship is or was registered under a prescribed law--the certificate of registration; and

 

 

(c) for an applicant who has made a choice under subitem 86A(1) or 90A(1) of Schedule 1 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 --a document that satisfies the requirements of subitem 86A(5) or 90A(5) of that Act

2C

Response to Initiating Application (Family Law) in which an order is sought under Part VII of the Act, for example, a parenting order

a Notice of Child Abuse, Family Violence or Risk

3

Initiating Application (Family Law), or Response to Initiating Application (Family Law), in which financial orders are sought, for example, property settlement, maintenance, child support

a completed Financial Statement (see rule 13.05)

4

Initiating Application (Family Law) or Response to Initiating Application (Family Law) in which property settlement orders are sought, and Reply responding to Response to Initiating Application (Family Law) in which property 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 Financial Statement) for a superannuation interest of the party filing the Initiating Application (Family Law), Response or Reply to an Initiating Application (Family Law)

5

Initiating Application (Family Law) or Response to an Initiating Application (Family Law) 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;

*     for nullity of marriage;

*     for a declaration as to validity of a marriage or divorce or annulment; or

*     relating to a passport

an affidavit (see section 66M of the Act and rules 4.06, 4.09, 4.29 and 4.30)

6

Initiating Application (Family Law) or Response to an Initiating Application (Family Law) in which a child support application or appeal is made

the documents mentioned in rule 4.18 for the application

7

Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar)

an affidavit (see rules 5.02 and 9.02)

9

Application for Consent Orders

(a) if the orders sought are for a de facto relationship--one of the documents mentioned in this column in item 2B;

 

 

(b) if the orders sought relate to a superannuation interest--proof of the value of the interest (see subsection 90MT(2) of the Act);

(c) if an order is sought under Part VII of the Act--a Notice of Child Abuse, Family Violence or Risk

10

Application--Contravention, other than an application to which item 10A applies

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

10A

Application--Contravention in which an order is sought under Part VII of the Act

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

(b) either:

(i) a certificate given to the applicant by the family dispute resolution practitioner under subsection 60I(8) of the Act; or

 

 

(ii) if no certificate is required because paragraph 60I(9)(b), (c), (d), (e) or (f) of the Act applies--an affidavit in a form approved by the Chief Executive Officer unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed

11

Application--Contempt

an affidavit (see subrule 21.02(2))

             (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.

             (5)  An applicant in proceedings mentioned in subsection 100(1) of the Assessment Act or subsection 105(1) of the Registration Act is not required to file in the court a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I(8) of the Family Law Act.

Note 1:       A party must not file an affidavit with an Initiating Application (Family Law) unless an application seeking interim, procedural, ancillary or other incidental orders is included in the Initiating Application (Family Law) or 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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