Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 8.07

             (1)  A party who has been served with an application referred to in subrule (2), and who does not want to contest the relief sought in the application, may file a submitting notice in the approved form.

Note:          A document that is filed must be served on each person to be served (see rule 7.04).

             (2)  The applications are the following:

                     (a)  an Initiating Application (Family Law) seeking final orders;

                     (b)  a Response to an Initiating Application (Family Law);

                     (c)  a Reply to a Response to an Initiating Application (Family Law);

                     (d)  a Notice of Appeal.

             (3)  The submitting notice must:

                     (a)  state that the party submits to any order that the court may make; and

                     (b)  state whether the party wants to be heard on the question of costs; and

                     (c)  include an address for service.

             (4)  A submitting notice for a party served with an application referred to in paragraph (2)(a), (b) or (c) must be filed:

                     (a)  before the first court date fixed under rule 4.03; or

                     (b)  if the party was added to the case after that date--before the date for the procedural hearing set under subrule 11.10(3).

             (5)  A submitting notice for a party served with a Notice of Appeal must be filed within 14 days after the party was served with the Notice of Appeal.

             (6)  A party who has filed a submitting notice may apply to the court for leave to withdraw the notice.

             (7)  An application under subrule (6) must be accompanied by an affidavit stating:

                     (a)  why the party wants to withdraw the submitting notice; and

                     (b)  the party's intentions in relation to the further conduct of the proceeding.