Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 3.04

Response

             (1)  A respondent to an Application for Divorce who seeks to oppose the divorce or contest the jurisdiction of the court must file a Response to an Application for Divorce:

                     (a)  if the respondent is served in Australia--within 28 days after the day when the Application for Divorce is served on the respondent; or

                     (b)  if the respondent is served outside Australia--within 42 days after the day when the Application for Divorce is served on the respondent.

             (2)  If a respondent files a Response to an Application for Divorce:

                     (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).



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