Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 7.04

Service of filed documents

             (1)  A document that is filed must be served on each person to be served:

                     (a)  as soon as possible after the date of filing and within 12 months after that date; or

                     (b)  if a provision elsewhere in these Rules specifies a time for service--within the specified time.

Note:          If a document is not served within the time required, service after that time is ineffective unless the court otherwise orders (see rules 1.12, 7.02 and 11.02).

          (1A)  A person who serves a document filed by electronic communication must:

                     (a)  if the Registry Manager has sent the person who filed the document a communication recording the date of filing--ensure that a copy of the communication is served; or

                     (b)  in any other case--write on the front of the served copy of the document the date of filing.

             (2)  Despite subrule (1) and rule 7.03, the following documents do not have to be served on any other party:

                     (a)  a joint application;

                     (b)  an application without notice;

                     (c)  an Affidavit of Service;

                     (d)  a document signed by all parties;

                     (e)  an affidavit seeking the issue, without notice, of an Enforcement Warrant under rule 20.16 or a Third Party Debt Notice under rule 20.32.

Note:          A draft consent order signed by all parties does not have to be served on the other parties to the application. However, if an order is sought affecting a superannuation interest, it must be served on the trustee of the superannuation fund in which that interest is held (see rule 10.16).

             (3)  If a document or notice is served on or given to a party under these Rules, a copy of the document or notice must also be served on or given to any independent children's lawyer.

             (4)  For subrule (1):

"each person to be served " , for a case, includes:

                     (a)  all parties to the case;

                     (b)  any independent children's lawyer; and

                     (c)  any other person specifically required by a legislative provision or order to be served in the case.

Note :         Special service of a document may be performed by delivering the document:

                  *     to the person to be served by hand (see rule 7.06) or by post or electronic communication (see rule 7.07); or

                  *     if a lawyer representing the person undertakes, in writing, to accept service of the document, by delivering it to the person's lawyer (see rule 7.08).

 



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